3.05.01 - Generally

A.

The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC.

B.

It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted.

3.05.02 - Exemptions from Requirements for Vegetation Protection and Preservation

A.

NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section.

B.

Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture.

C.

Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation.

D.

Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed prior to June 19, 2002.

1.

Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses.

2.

Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity.

E.

Exempt mangrove alteration projects. Mangrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan.

F.

Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing 1 acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met:

1.

A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or

2.

The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed on acre.

3.

All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection.

4.

Where greater vegetation protection is required in the Rural Fringe Mixed Use District, a higher native vegetation protection requirement may not allow for the full one acre of clearing.

G.

A vegetation removal permit is not required for the following situations:

1.

Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final development order.

2.

Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose.

3.

Removal of protected vegetation, other than a specimen tree, by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width.

4.

Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A.1.

5.

Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground.

6.

After a right-of-way for an electrical transmission line or public utility distribution line has been established and constructed, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established and constructed right-of-way. Trimming and pruning shall be in accordance with subsection 4.06.05 J.1. of the Code. All needed environmental permits must be obtained from the appropriate agencies and management plans must comply with agency regulations and guidelines. These may include but are not limited to permits for wetland impacts and management plans for listed species protection.

7.

After a publicly owned road right-of-way has been legally secured, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established road right-of-way. Trimming and pruning shall be in accordance with subsection 4.06.05 J.1. of the Code. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection.

(Ord. No. 05-27, § 3.K; Ord. No. 06-63, § 3.N)

3.05.03 - Procedures

Requirements for submittals, documentation of assessments and evaluations, and application and review procedures are set forth in Chapter 10.

3.05.04 - Vegetation Removal and Protection Standards

A.

During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the County Manager or designee, before occupancy or use, unless approval for their removal has been granted under permit.

B.

During construction, unless otherwise authorized by a vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the dripline of any vegetation that is required to be preserved in its present location.

C.

Unless otherwise authorized by a vegetation removal permit, no attachments or wires, other than those of a protective or nondamaging nature, shall be attached to any vegetation during construction.

D.

Unless otherwise authorized by a vegetation removal permit, no soil is to be removed from within the drip line of any vegetation that is to remain in its original location.

E.

Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the County Manager or designee.

F.

When the retention of single trees is required by this LDC, a protective barrier, similar to that required in section 3.05.04 E., shall be placed around the tree at a distance from the trunk of six (6) feet or beyond the drip line, whichever is greater, or as otherwise approved by the County Manager or designee.

G.

Protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations, and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the County Manger or designee. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Signage shall be placed around the preserve areas to identify and protect the preserve during construction. The boundary of the Preserve shall be posted with appropriate signage denoting the area as a Preserve. Sign(s) should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with section 5.06.00. Maximum sign spacing shall be 300 feet.

H.

The applicant for a vegetation removal permit shall, at the time of application, designate representative(s), who shall be responsible for the installation and the maintenance of all tree protection barriers, and for supervising the removal of all existing vegetation permitted to be removed or altered.

3.05.05 - Criteria for Removal of Protected Vegetation

The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this section. In addition, a vegetation removal permit may be issued under the following conditions:

A.

Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure.

B.

Diseased or otherwise unhealthy vegetation, as determined by standard horticultural practices, and, if required, a site inspection by the County Manager or designee.

C.

A final local development order has been issued which allows removal of the protected vegetation.

D.

Compliance with other codes and/or ordinances may involve protected vegetation removal.

E.

Replacement of non-native vegetation shall be with native vegetation and shall be subject to the approval of the County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06.05 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within fourteen (14) calendar days of removal.

F.

On a parcel of land zoned RSF, VR, E, or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning.

G.

The proposed mangrove alteration has a DEP permit, or meets the permitting standards in the Florida Administrative Code. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements.

H.

Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits.

I.

Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or his designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee.

J.

Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect.

K.

Removal of vegetation for firebreaks approved by the State of Florida, Division of Forestry, shall be permitted. The width of the approved clearing shall be limited to the minimum width determined necessary by the Division of Forestry.

L.

A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation. The clearing shall be minimized and shall not allow any greater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside any on-site preserves, as identified on the PUD master plan, Plat/Construction Plans or Site Development Plan.

M.

In conjunction with a Collier County approved Preserve Management Plan, native vegetation clearing may be approved only when it is to improve the native habitat or to improve listed species habitat.

N.

Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or structures that may not require site plan approvals.

O.

Early clearing will be allowed as part of a final review of an SDP or PPL, after the Environmental Services Review Staff approves the necessary components of the project to ensure the appropriate environmental protection and preservation on site. This can only be allowed after the following are completed and approved: 1) final configuration and protection of the preserve is complete, 2) the conservation easements are completed and approved by both the environmental review staff and the county attorney's office, 3) the environmental review staff has approved the clearing of the site through the site clearing/preservation plan, 4) copies of all applicable Federal, State, and Local permits must be submitted and reviewed against the site clearing/preservation plan. This early clearing does not authorize approval for excavation, spreading fill, and grading. That must be approved through a preliminary work authorization process in accordance with section 10.02.04.4.f. If for any reason the underlying SDP or PPL is not approved, the property owner will be responsible for revegetation of the site in accordance with Section 4.06.04.A.1.a.vii.

P.

Removal of living or dead standing vegetation with a bald eagle nest. Permits, if required, shall be provided from the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service authorizing the removal of the nest, in accordance with state and federal permit requirements, prior to issuance of a County permit. Removal of vegetation containing an active, inactive or abandoned nest may be allowed when:

1.

The vegetation is located on a single-family lot, and is located in such a manner that either:

a.

the principal structure cannot be constructed, or

b.

access to the property is impeded.

2.

The protected vegetation poses an imminent threat to human safety or an adjacent principal or accessory building.

3.

The vegetation is located outside of a preserve or an area used to fulfill the native vegetation preservation requirements of this Code.

(Ord. No. 05-27, § 3.L; Ord. No. 08-63, § 3.G)

3.05.06 - Management Plan Required

For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half (½) acre in area, the owner shall submit, for the approval of the County Manager or designee, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include:

A.

Whether the existing vegetation is to be preserved in the existing species composition.

B.

The manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.), if applicable.

C.

The maintenance schedule for the removal of invasive species.

D.

The maintenance schedule for the removal of debris.

E.

Other information that may be required by the County Manager or his designee that is reasonable and necessary to determine if the management plan meets the requirements of this LDC.

F.

The County Manager or designee may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.05.05 and conforms to the preservation standards in section 3.05.07 below.

3.05.07 - Preservation Standards

All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section.

A.

General standards and criteria. The following criteria shall be used to administer the preservation standards in all unincorporated areas of the County:

1.

Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, understory and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re-growth of native vegetative communities, commonly known as weeds, shall not be considered native vegetation for the purpose of preservation.

2.

Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained shall be by tree count based on the percent requirement for native vegetation pursuant to 3.05.07 B. Only slash pine trees with an 8 inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk, shall be used for calculating this requirement. For hardwood trees, every 6 inches or fraction thereof over 18 inch DBH shall count as an additional tree (18 inch DBH = 1 tree, 24 inch DBH = 2 trees, 26 inch DBH = 3 trees, etc.). Slash pine trees and cabbage palms shall only be retained on portions of the property with a density of 8 or more trees per acre. Trees which are unhealthy or dying, as determined by a certified arborist or any individual meeting the qualifications in 3.05.07 H.1.g.iii, shall not be retained or used for calculation. Native slash pine trees shall be retained in clusters, if the trees occur in clusters, with no encroachment (soil disturbance) within the drip line or within 30 feet of the trunk, whichever is greater, of any slash pine or hardwood tree. Encroachment may occur within these distances where evaluation by a certified arborist determines that it will not affect the health of the trees. Trees which die shall be replaced with 10 foot high native canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10-foot high native canopy trees. Areas of retained trees shall not be subject to the requirements of 3.05.07 H.

Where trees cannot be retained, the percent requirement of trees shall be made up elsewhere on-site with trees planted in clusters utilizing 10 foot high native canopy trees planted on a one for one basis. Where native trees with a DBH of two feet or more cannot be retained, a minimum of three 10-foot high native canopy trees shall be planted per tree removed of this size. Trees planted to satisfy this requirement shall be planted in open space areas equivalent in size to the area of canopy of the trees removed. This planted open space shall be in addition to the area used to satisfy the minimum landscape requirements pursuant to 4.06.00. In lieu of using actual canopy coverage, the following average diameter for tree canopies may be used to calculate canopy coverage of existing trees: slash pine 40 feet, cypress 25 feet, live oak 60 feet and cabbage palm 10 feet. Open space areas not normally planted with trees, such as stormwater retention areas or lake banks not planted to meet the LSPA requirement, may be used to satisfy this requirement. Trees planted to satisfy this requirement shall be set back a minimum of 30 feet from principal structures and impervious parking areas.

3.

Areas that fulfill the native vegetation retention standards and criteria for native vegetative communities of this section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H.

4.

Native vegetation to be retained as preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3 and 3.05.07 G.3.c:

a.

Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife;

b.

Xeric Scrub, Dune and Strand, Hardwood Hammocks;

c.

Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7;

d.

Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above;

e.

Dry Prairie, Pine Flatwoods; and

f.

All other native habitats.

5.

Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors.

6.

Where vegetation has been illegally cleared, the amount of native vegetation used to calculate the preservation requirement will be that amount present at the time prior to the illegal clearing. Criteria to determine the process and criteria for the clearing are found in sections 10.02.06 and 3.05.05

a.

Re-creation of native vegetation shall not be required when any one of the following criteria is met:

i.

The parcel was issued a County permit to clear vegetation and remains cleared of native vegetation.

ii.

The parcel was issued a County permit to clear vegetation for agricultural purposes prior to July 1993 (the date at which the 10 year agricultural clearing rezone limitation previously identified in the GMP is achieved) and which remains cleared of native vegetation.

iii.

If no clearing permit can be found, demonstrations of continuous bona fide agricultural operation along with issuance of an after-the-fact agricultural clearing permit from the County will be evidence of legal clearing. Demonstrations of continuous bona fide agricultural activities may include, but are not limited to, agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; SFWMD consumptive use permits for the ongoing agricultural use or other information such as sworn testimony from previous owners which establishes the commencement date and the location of the agricultural operation. The rezone limitation pursuant to 10.02.06 shall apply.

7.

Unless otherwise required in the RFMU District, single-family residences shall be exempt from the native vegetation retention requirements and from having on site preserves. Setbacks to preserves shall be in accordance with 3.05.07 H.

8.

Development standards pursuant to section 4.02.14 shall apply to all development, including single-family, within the ACSC.

9.

Created preserves are allowed subject to the criteria in 3.05.07 H.

10.

Fire and fuel breaks within preserves, kept to the minimum necessary in accordance with standard forestry practice, shall count toward the minimum native vegetation retention requirement.

B.

Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on site, except for single family residences, through the application of the following preservation and vegetation retention standards and criteria. The single family exception is not to be used as an exception from any calculations regarding total preserve area for a development containing single family lots.

1.

Required preservation.

2.

Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances:

a.

Where the parcel was legally cleared of native vegetation prior to January 1989 and remains cleared of native vegetation;

b.

Where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07 H.1.e.

c.

Right-of-way acquisitions by any governmental entity for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right-of-way acquisition area.

d.

Existing utility easements and easements for ingress or egress required for neighboring properties.

e.

Previously cleared parcels for support of public infrastructure, and which remain cleared of native vegetation.

f.

Trees and other vegetation planted for landscaping and which have not been used to satisfy the native vegetation preservation requirement.

g.

Previously cleared fallow farm fields and pastures, with no canopy trees (other than slash pine trees with less than an 8 inch DBH or palms with less than 8 foot of clear trunk) and less than 75 percent aerial coverage of native vegetation. Marshes and similar type environments (640 FLUCFCS Codes) shall not be included in this exception.

C.

Specific standards for the RFMU district. For Lands within the RFMU district, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in 3.05.07 A. above:

1.

RFMU receiving lands outside the NBMO.

a.

A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved.

i.

Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU sending lands.

ii.

Off-site preservation shall be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands.

iii.

Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities.

b.

Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site.

2.

Neutral lands.

a.

In neutral lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved.

b.

Exceptions.

i.

In those neutral lands located in Section 24, Township 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in section 2.03.08 D.5.b.

ii.

Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site.

3.

RFMU sending lands.

a.

In RFMU sending lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of section 2.05.02. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement, at a ratio of 3:1, if such off-site preservation is located within or contiguous to Sending Lands.

b.

In RFMU sending lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of section 2.05.02. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs.

4.

General exceptions.

a.

Non-conforming, Pre-existing parcels. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within the RFMU district, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources.

b.

Specific County-owned Land. On County-owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres.

c.

Discretionary Exception for Essential Public Services. The County Manager or his designee may grant written exemptions to the above preservation requirements on agriculturally zoned property for essential public services (as defined in section 2.01.03), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existing native vegetation.

D.

Specific standards for RLSA district. For lands within the RLSA District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in section 4.08.00 of this Code.

E.

Density bonus incentives. Density Bonus Incentives shall be granted to encourage preservation.

1.

Outside rural villages. In RFMU receiving lands not designated as a rural village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in section 3.05.07C., once a density of 1 unit per acre is achieved through the use of TDR credits.

2.

Inside rural villages. In RFMU receiving lands designated as a rural village, a density bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in section 3.05.07C., once a density of 2 units per acre is achieved through the use of TDR and bonus credits.

F.

Wetland preservation and conservation.

1.

Purpose. The following standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in section 4.08.00. wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in section 3.05.07(C), unless otherwise required.

2.

Urban lands. In the case of wetlands located within the Urban designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions:

a.

Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area.

b.

The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single-family residence that is not part of an approved development or platted subdivision.

c.

Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in 3.05.07 (F)(3) below shall apply in this area.

3.

RFMU district. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands. This shall be accomplished by adherence to the vegetation retention requirements of section 3.05.07 (C) above and the following standards:

a.

In order to assess the values and functions of wetlands at the time of project review, applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001 (September 1997, as update August 1999). The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection.

b.

Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in section 3.05.07(B).

c.

Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in section 3.05.07(C).

d.

Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001.

e.

Single family residences shall follow the requirements contained within Section 3.05.07(F)(5).

f.

Preserved wetlands shall be buffered from other land uses as follows:

i.

A minimum 50-foot vegetated upland buffer adjacent to a natural water body.

ii.

For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland.

iii.

A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing.

iv.

The buffer shall be measured landward from the approved jurisdictional line.

v.

The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted.

vi.

The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council.

vii.

The following land uses are considered to be compatible with wetland functions and are allowed within the buffer:

(1)

Passive recreational areas, boardwalks and recreational shelters;

(2)

Pervious nature trails;

(3)

Water management structures;

(4)

Mitigation areas;

(5)

Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses.

4.

Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions:

a.

Mitigation Requirements:

i.

Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland.

ii.

Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies.

iii.

Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section (5) below.

b.

Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following:

i.

Increase wetland habitat through recreation or restoration of wetland functions, of the same type found on-site, on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater;

ii.

Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or

iii.

Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County after consultation with the applicable jurisdictional agencies.

c.

EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above.

d.

Exotic vegetation Removal. exotic vegetation removal shall not constitute mitigation.

5.

Estates, rural-settlement areas, and ACSC. In the case of lands located within Estates Designated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the following:

a.

For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit.

b.

Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas.

6.

RLSA district. Within the RLSA District, wetlands shall be preserved pursuant to section 4.08.00

7.

Submerged marine habitats. The County shall protect and conserve submerged marine habitats as provided in section 5.03.06 I.

G.

Natural reservation protection and conservation.

1.

Purpose and applicability.

a.

The purpose of this Section is to protect natural reservations from the impact of surrounding development. For the purpose of this section, natural reservations shall include only NRPAs and designated Conservation Lands on the Future Land Use Map.

b.

For the purposes of this Section, development shall include all projects single-family dwelling units situated on individual lots or parcels.

2.

Review process. All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process.

3.

RFMU district requirements. The following criteria shall apply within the RFMU district only.

a.

Open space. Open space shall be required to provide a buffer between the project and the natural reservation.

i.

Open space allowed between the project's non-open space uses and the boundary of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements.

ii.

The following open space uses are considered acceptable uses contiguous to the natural reservation boundary:

(a)

preservation areas;

(b)

golf course roughs maintained in a natural state;

(c)

stormwater management areas;

(d)

pervious nature trails and hiking trails limited to use by nonmotorized vehicles.

b.

Open spaces as buffers.

i.

The uses in paragraph (a)(ii) above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. These more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation.

ii.

In addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent natural reservation, the open space uses identified in (a) - (c) below are considered acceptable for placement within a buffer as specified below:

(a)

Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests - 1,500 feet;

(b)

Wading bird roost - 300 feet;

(c)

These buffer distances shall only apply to the identified entity within the natural reservations.

iii.

These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan.

c.

Contiguous native vegetation. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.05.07

d.

Wildlife corridors. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the natural reservation. The County shall consider the recommendations from the USFWS.

H.

Preserve standards.

1.

Design standards.

a.

Identification. Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner:

i.

The Preserve shall be labeled as "Preserve" on all site plans.

ii.

If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal.

iii.

The Preserve shall be identified at the time of the first development order submittal.

b.

Minimum dimensions. Thin linear and perimeter "picture frame-shaped" preserves are discouraged, unless such preserve shapes are dictated by environmental or environmental regulatory considerations. Connections to other preserves, conservation areas, natural flowways, natural water bodies, water management lakes, estuaries, government owned or targeted lands for preservation purposes or existing listed wildlife habitat, when present, are encouraged to establish the largest contiguous natural area possible.

The following minimum widths shall apply:

i.

Twenty feet, for property less than 10 acres.

ii.

An average of 30 feet in width but not less than 20 feet in width, for property equal to 10 acres and less than twenty acres.

iii.

An average of 50 feet in width but not less than 20 feet for property of twenty acres and greater.

iv.

If the existing native vegetation does not meet the minimum dimensions specified above and is required to be preserved pursuant to the preserve selection criteria in section 3.05.07, then the existing native vegetation may be used to satisfy the preservation requirement.

c.

Protection of wetland hydroperiods. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001.

d.

Preserve mechanisms. All preserve areas shall be designated as preserves on all site plans.

On-site County required preserves shall be dedicated to the County as non-exclusive conservation easements without placing on the County the responsibility for maintenance of the preserve area, and the easement conveyance to the County shall include the right of access from existing road right-of-way. The easement shall dedicate the responsibility of maintenance to a property owners association or similar entity, and it shall contain allowable uses and limitations to protect the preserve. All preserve areas shall be shown on the preliminary and final plats in accordance with section 10.02.04, with language similar to Section 704.06 F.S.

No individual residential or commercial lot, parcel lines, or other easements including, but not limited to, utility or access easements that are not compatible with allowable uses in preserve areas, may project into a preserve area.

State and federal parks and preserves shall not be required to place their preserves in a conservation easement.

Any conservation easement or other document restricting uses in a preserve area shall contain the following statement (consistent with CCME GMP Policy 1.1.6):

"Oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein."

e.

Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. In keeping with the intent of this policy, the preservation of native vegetation off site is preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity.

i.

Applicability. Criteria for determining when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity include:

(a)

Where site elevations or conditions requires placement or removal of fill thereby harming or reducing the survivability of the native vegetation in its existing locations;

(b)

Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation;

(c)

To provide for flood plain compensation as required by the LDC.

(d)

When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with the appropriate strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project.

(e)

When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project.

(f)

When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site.

(g)

To provide for connections to on or off site preserves.

(h)

In the RFMU District where upland buffers required by the LDC, lack native vegetative communities.

ii.

Approved created preserves may be used to recreate:

a)

not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation.

b)

not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation.

c)

not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation.

iii.

The minimum dimensions shall apply as set forth in 3.05.07 H.1.b.

iv.

All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks.

v.

Preparation of required planting plans for preserves. Preserve planting plans shall be designed by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida.

vi.

Planting requirements for created preserves. Soils compatible with the habitat to be created shall be used to create the preserve. Where compatible soils are not present, a minimum of 6 to 8 inches of compatible soil shall be used.

Where created preserves are approved, the planting plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials to more quickly re-create the lost mature vegetation. Environments which do not normally contain all three strata shall only be required to plant the strata found in the habitat to be created. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Such re-vegetation shall include the following minimum sizes: one gallon ground cover; 7 gallon shrubs; canopy trees in the following sizes: 25 percent at 10 feet, 50 percent at 8 feet and 25 percent at 6 feet. Spacing requirements for calculating the number of plants shall be as follows: 20 to 30 foot on center for trees with a small canopy (less than 30 feet mature spread) and 40 to 50 foot on center for trees with a large canopy (greater than 30 feet mature spread), 10 foot on center for shrubs, 3 foot on center for ground covers which spread by rhizomes or creeping stems or which have a mature height of 2 feet or more, excluding the bloom, and 2 foot on center for ground covers with a mature height of less than 2 feet, excluding the bloom, and which reproduce primarily by seed.

Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re-establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than 70% of the area of a scrub preserve, in order to create natural open areas for wildlife and native ground covers. In south Florida slash pine dominated environments, where fire is a concern, the amount of mid-story vegetation planted may be reduced to promote the growth of native ground covers, reduce the threat of wildfire and to promote use of the preserve by listed species.

Three gallon container saw palmetto (Serenoa repens) may be used in lieu of seven gallon containers. South Florida slash pine (Pinus elliottii var. densa) trees may be planted in the following sizes: 25 percent at 6 feet and 75 percent at 4 feet, with a spacing requirement of 40 feet on center for calculating the number of slash pines to be planted.

Mangrove trees may be planted as three gallon size containers but must be planted a minimum of five to seven foot on center for calculating the number of mangroves to be planted, if planted at this size. Ground covers in estuarine and other aquatic environments may be planted as liners or bare root plants.

Upland or seasonally wet preserves with extended dry periods shall detail a method of providing water until the plants are established.

vii.

Supplemental planting requirements within preserves. Supplemental plantings in the strata required to restore the habitat to its natural condition shall be added to preserves where prior clearing or disturbance, or the removal of non-native and/or nuisance vegetation has created open areas with little or no native vegetation. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Supplemental plantings must be of the species typical of the native habitats being restored and take into consideration the requirements of any listed species using the preserve.

Areas defined as "native vegetation" pursuant to this section and required to be retained as preserves, shall only be required to plant material in the sizes specified in this subsection and not in the sizes required for created preserves. Supplemental plantings within preserves shall be in accordance with requirements specified in approved state and federal permits for a project. Where not specified in the State and Federal permits for a project, supplemental plantings within County required preserves shall adhere to the following minimum standards: one gallon or liner ground covers, three gallon shrubs and four foot high trees. Ground covers in aquatic environments may be planted as bare root plants.

Natural recruitment of native groundcovers may be used in areas where native groundcovers would be expected to regenerate on their own. If within a two-year period the coverage of ground covers is less than that typically found in environments containing these species, then supplemental planting with native ground covers or distribution of native seed shall be required. A planting plan with schedule for planting or distributing native seed shall be included as part of the preserve management plan, in case sufficient natural recruitment of groundcovers has not occurred.

Natural recruitment of south Florida slash pine (Pinus elliottii var. densa) may be used where south Florida slash pine would be expected to regenerate on their own. If within a two-year period the number of pine seedlings is less than that needed to regenerate the habitat type, then supplemental planting with south Florida slash pine or distribution of south Florida slash pine seed shall be required. A backup planting plan with schedule for planting or distributing seed shall be included as part of the preserve management plan, in case sufficient natural recruitment has not occurred. South Florida slash pine trees may be planted as seedlings in lieu of planting four foot high trees, for individual preserves 100 or more acres in size.

Restoration of mangroves shall be with one- to three-gallon container mangroves, unless otherwise permitted by State and Federal permitting agencies.

Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re-establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than the 70% of the area of a scrub preserve, in order to create natural open areas for wildlife and indigenous ground covers.

viii.

Success criteria. Success shall be demonstrated for created preserves and supplemental planting within preserves, 5 years after installation of plant material and shall be included with the monitoring report. Before and after photos taken from specific or permanent field markers to identify the locations within the preserve shall be included in the above mentioned monitoring report. Demonstration of success shall include the following:

a)

80% vegetative coverage has been attained within the preserve.

b)

Native vegetation is within the range of species diversity, density and distribution documented within either reference sites or from literature references for the specific habitat types.

c)

Native vegetation characteristic of the habitat are reproducing in the vegetative or seeding manner typical of the species.

d)

When permitted through the Water Management District using UMAM, overall UMAM scores must indicate that the preserves have attained or are clearly trending toward the "with-mitigation" scores used to determine success.

f.

Off-site vegetation retention.

i.

Applicability. A property owner may request that all or a portion of the Collier County on-site native vegetation preservation retention requirement be satisfied offsite for only the following situations and subject to restrictions listed below.

a)

Properties zoned commercial or industrial where the on-site preserve requirement is less than 2 acres in size.

b)

Park sites where the on-site preserve requirement is less than one acre in size.

c)

Essential service facilities other than parks, for any size preserves.

d)

Preserves less than one acre in size.

e)

Affordable housing projects. The maximum percent of native vegetation retention allowed offsite shall be equal to the percent of affordable housing units, without limitation as to size of the preserve.

f)

Existing or proposed preserves with 75 percent or more coverage with exotic vegetation. Existing preserves not previously overrun with this type vegetation and which arrive at this state due to lack of management of the preserve shall mitigate off site at a ratio of 2 to 1.

g)

Created preserves which do not meet the success criteria in 3.05.07 H.1.e.viii or where preserves have not been planted in a manner which mimics a natural plant community.

h)

Preserves which do not meet the minimum dimensional requirements of this section.

i)

Portions of preserves located within platted single-family lots.

j)

Right of Way acquisitions to be conveyed or in the process of being conveyed to the County by non-governmental entities for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area.

k)

All criteria listed for created preserves.

ii.

Restrictions, when one or more of the following situations occur.

a)

Xeric scrub and hardwood hammocks which are one acre or more in size, mangrove (excluding mangrove fringes less than 40 feet in width on artificially created shorelines), coastal dune and strand environments, and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWS, shall not be allowed to have the on-site native vegetation preservation retention requirement provided offsite.

b)

Preserves shall remain onsite if located contiguous to natural flowways required to be retained per the requirements of the SFWMD, natural water bodies, estuaries, government required preserves (not meeting the offsite preservation criteria herein), NRPAs, or contiguous to property designated for purchase by Conservation Collier or purchased by Conservation Collier, or contiguous to properties containing listed species nests, buffers, corridors and foraging habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified during wetland permitting with applicable State and Federal agencies, regional drainage studies, or surface water management permits.

c)

Remaining portions of on-site preserves must be a minimum of one acre in size and shall not meet the offsite criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) above, unless preserved with higher quality habitat not qualifying for the off-site native vegetation retention alternative.

iii.

Off-site Alternatives. Off-site native vegetation retention requirements may be met by monetary payment or by land donation.

a)

Applicants shall make monetary payment to Collier County. Such funds will be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment shall be based on the location of the land to be impacted and be equal to 125 percent of the average cost of land in the Urban Designation or 125 percent of the average cost for all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. This monetary payment shall be made prior to the preconstruction meeting for the SDP or final plat construction plans.

b)

In lieu of monetary payment, applicants may choose to donate land for conservation purposes to Collier County or to another government agency. In the event of donation to Collier County, the applicant may acquire and subsequently donate land within the project boundaries of Winchester Head, North Golden Gate Estates Unit 53, another multi-parcel project or any other land designated by Conservation Collier donation acceptance procedures.

Applicants who choose to donate land shall be required to demonstrate that the land to be donated contains native vegetation communities equal to or of higher priority (as described in subsection 3.05.07 A.) than the land required to be preserved onsite. In no case shall the acreage of land donated be less than the acreage of land required to be preserved onsite. Land donated to satisfy the off-site vegetation retention requirement must be located entirely within Collier County. Donations of land for preservation shall be made to a federal, state or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subject to the policies and procedures of the receiving entity. Lands donated to Collier County must include a cash payment for management of the land. The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program.

Applicants shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal agency requirements for mitigation, remediation and monitoring for the donated land shall be the responsibility of the applicant.

iv.

PUD zoning. Where the off-site native vegetation retention alternative is used for portions of preserves not identified on a PUD master plan, a PUD amendment is not required. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative, subject to 10.02.13 E, unless the option to use the off-site native vegetation retention alternative is included in the PUD.

g.

Preserve management plans. Criteria i, ii, vii and viii below are required for all preserves whether a management plan for the preserve is required or not. Preserve Management Plans shall be required for all properties with 5 acres or more of preserve or where listed species are utilizing the preserve or where the preserve contains habitat which requires management for fire (such as Pine Flatwoods, Palmetto Prairie or Scrub). The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and function as proposed. A Preserve Management Plan shall include the following elements:

i.

General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris.

ii.

Exotic Vegetation Removal, Non-native Vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be eradicated from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the vegetation cut down to grade, cut debris removed and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Any person who supervises up to eight people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Nuisance or invasive plants and non-native ornamental vegetation shall be eradicated from all preserves.

iii.

Designation of a Preserve Manager. A Preserve Manager shall be responsible for providing the developer/property owner with technical assistance regarding management needs for the preserve and compliance with the Preserve Management Plan. At a minimum the Preserve Manager shall have academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same contact information shall be provided regarding the developer/property owner. Changes in the Preserve Manager hired to manage the preserve shall be documented in the monitoring report for the preserve.

iv.

Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. The County will accept state and federal management plans that are consistent with the requirements of the LDC. Hunting is permissible in preserves where expressly approved by the Board of County Commissioners.

v.

Fire Management. Special land management practices to control fire or to maintain species diversity in the absence of fire must be included as part of the Preserve Management Plan, for those habitats requiring these practices. Fire Management plans may include removal of dead vegetation or periodic thinning of living vegetation, to improve forest health and mimic the natural effects of fire, as appropriate for the habitat type and surrounding land uses. Fuel and fire breaks shall be kept to a minimum necessary to control fire and should be coordinated with the State of Florida, Division of Forestry, as part of a fire suppression plan. The annual inspection monitoring report required pursuant to ix (below) shall document, with photographs, the coverage and types of vegetation to be cleared for fuel management, prior to clearing. Where listed species have been documented within the preserve, the annual inspection monitoring report shall require surveys for the nests, burrows or cavities of listed species that may be affected by the land management practices, no more than six months prior to clearing, if gopher tortoises occur in the area, or within the time frames recommended by the FFWCC and USFWS. Fire Management plans shall be consistent with wildlife habitat management plans approved by Collier County.

vi.

Vegetation Removal Permits. Vegetation Removal Permits shall not be required to implement Preserve Management Plans and firewise safety plans that specify land management practices for clearing for fuel management or fire lines in accordance with normal forestry practices and which have been approved pursuant to this section. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing.

Vegetation Removal Permits shall not be required to remove dead, dying or leaning trees which pose a safety concern, unless they contain a nest or cavity of a listed animal species or bald eagle. The annual inspection monitoring report required pursuant to ix (below) shall document, with photographs, trees to be removed for safety concerns.

vii.

Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04

viii.

Monitoring for Preserves Receiving Treated Stormwater. A monitoring program must be implemented for preserves that will receive stormwater pursuant to the requirements of section 3.05.07. The monitoring program must include protocols to conduct vegetation surveys and monitoring for ground and surface water levels. The Preserve Management Plan shall include a schedule requiring a baseline monitoring report followed by 5 annual monitoring reports. Monitoring reports for stormwater within preserves shall be included as part of the annual inspection monitoring reports pursuant to ix. (below). The County will accept wetland monitoring reports submitted to the South Florida Water Management District as long as the reports conform to the minimum requirements provided herein and includes all of the Preserves receiving stormwater. Compatible vegetation must be planted to replace upland vegetation that may be lost as a direct result of the introduction of stormwater into the preserve.

ix.

Inspections and Monitoring. The property owner shall provide for inspections of all on-site preserves by the Preserve Manager on an annual basis, at a minimum, or more frequently when required to ensure the preserve functions as intended. The results of the inspections, and recommendations of the Preserve Manager, must be included in a monitoring report on an annual basis, at a minimum. The property owner shall retain copies of the five most recent years of monitoring reports and make them available to Collier County upon request.

x.

Preserve Site Plan. A Preserve Site Plan with FLUCFCS Codes for each of the habitat types within the preserve must be included as part of the Preserve Management Plan. The location of pathways and other approved uses within the preserve must be included on the Preserve Site Plan.

xi.

The requirements of criteria v, vi, viii, ix, and x shall not apply to projects with County permits or approvals including approved Preserve Management Plans issued prior to June 8, 2010.

h.

Allowable uses within County required preserves. Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Loss of function to the preserve includes unacceptable changes in vegetation within the preserve or harming any listed species present in the preserve. Unacceptable changes in vegetation within preserves include replacement of indigenous vegetation with non-native species, changes in vegetative composition which are inconsistent with target plant communities or die-offs of vegetation which are inconsistent with target plant communities. Determinations of harm to listed species shall be made by FFWCC or USFWS, and pathways, structures or improvements within preserves containing listed species shall be in accordance with permits or authorizations from these agencies.

i.

The following passive uses are allowed within preserves.

a)

Pervious and impervious pathways and boardwalks, subject to the following criteria:

i)

Recommended widths for pedestrian pathways is 5 feet. Widths greater than 8 feet may be allowed where pathways serve as fire breaks in accordance with a fire suppression plan approved by the State of Florida, Division of Forestry.

ii)

Minimum widths for shared use paths for use by golf carts, trams, bicycles, joggers, etc. is 10 feet. Widths greater than 12 feet may be allowed where pathways serve as fire breaks in accordance with a fire suppression plan approved by the State of Florida, Division of Forestry. Golf cart paths for golf course use shall be designed for golf course access only.

iii)

Impervious pathways shall be limited to no more than one percent of the area of the preserve. Pathways over this amount shall be either pervious pathways or boardwalks.

iv)

Where feasible, pathways shall be designed to maintain existing vegetation and larger trees. Pathways in scrub habitat lacking canopy should be avoided.

v)

Where a minimum preserve width of 20 feet cannot be maintained on either side of pathways, the pathway shall be located along the side of the preserve.

vi)

Pathways shall not interfere with the nests, dens, burrows or roosts of listed species or the nests of bald eagle, unless permitted or authorized by the FFWCC or USFWS.

vii)

Pathways, other than boardwalks, shall be at or on natural grade unless constructed on berms for the stormwater management system. Slopes for stormwater management berms in or adjacent to preserves shall be stabilized and planted with 100% South Florida native species compatible with the habitat present in the preserve.

b)

Shelters without walls.

c)

Educational signage and bulletin boards located on or immediately adjacent to the pathway.

d)

Benches for seating

e)

Viewing platforms

f)

Wildlife sanctuaries for indigenous free roaming wildlife. Wildlife parks, wildlife rehabilitation centers and similar type uses, with non-indigenous wildlife, or caged or enclosed wildlife, shall not be allowed within preserves.

g)

Conservation-related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee.

h)

The requirements of this subsection (3.05.07 H.1.h.i) shall not apply to preserve pathways, structures or improvements that had permits prior to June 8, 2010. Existing pathways, structures or improvements that had permits may be repaired, maintained and replaced within the existing footprint of the pathway, structure or improvement.

ii.

Stormwater subject to the following criteria.

a)

Nothing in this section shall exempt any system from complying with the stormwater management design standards as set forth by the South Florida Water Management District.

b)

Preserve areas shall not be used to meet water quality requirements as set forth in Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications for the South Florida Water Management District or the Watershed Management regulations of Section 3.07.00

c)

Discharge of stormwater into a preserve shall be in a controlled manner to prevent erosion, scour, and to promote even distribution.

d)

Stormwater may be discharged into preserves comprised of:

i)

Jurisdictional wetlands and the minimum required upland buffer around these wetlands in accordance with an approved SFWMD Environmental Resource Permit (ERP);

ii)

Uplands comprised primarily (greater than 50 percent by area) of hydric soils as mapped by the Natural Resources Conservation Service (NRCS) or as determined by in situ hydric indicators;

iii)

Non-jurisdictional areas dominated by hydrophytic (Obligate (OBL) & Facultative Wet (FACW)) vegetation;

iv)

Or a combination thereof.

e)

Where preserves include uplands comprised of greater than 50% by area of non-hydric soils and not addressed in subsection 3.05.07 H.1.h.ii.d (above), stormwater may be discharged into said preserves provided the following criteria are met:

i)

If gopher tortoise, red-cockaded woodpecker, Big Cypress fox squirrel, scrub jay or the nests of bald eagle are present, technical assistance from the FFWCC or USFWS shall be provided indicating that no harm to these species or their habitat will occur due to discharge of stormwater into the preserve. Technical assistance must be site specific;

ii)

Demonstration that the upland portion of the preserve is not inundated for more than 30 consecutive days during a reference wet season, as demonstrated through stormwater modeling. For the purpose of this subsection, the reference wet season is May 1996 through October 1996. In this context, inundation means water levels averaging greater than 2" above the average ground surface of the preserve;

or, if on-site groundwater data exists during a normal wet season, the applicant must demonstrate that the addition of stormwater to the preserve will not cause the groundwater elevation in the preserve to exceed the existing recorded peak groundwater elevation. A wet season typically spans June through November, and rainfall is considered normal if the monthly totals during a given wet-season fall within 25 percent of the average rainfall volume per month, as computed using nearby long-term regional rainfall data;

iii)

Stormwater shall not be directly discharged into land designated as 322, 413, or 421 FLUCFCS Codes.

f)

When stormwater discharges are allowed in preserves, the associated stormwater facilities such as berms, swales, or outfall structures, may be located within the preserve, but the area of such facilities cannot count towards the native vegetation preservation requirement pursuant to section 3.05.07. These facilities are not subject to setback requirements as found in subsection 3.05.07 H.3. These facilities may be placed in a drainage easement.

g)

Where stormwater discharges are allowed in preserves, the Preserve Management Plan as required in 3.05.07 must include a monitoring program. In the event stormwater introduced into a preserve results in unacceptable changes in vegetation within the preserve, then a remediation plan must be provided and the Preserve Management Plan revised accordingly. Unacceptable changes in vegetation within preserves include replacement of indigenous vegetation with non-native species, changes in vegetative composition which are inconsistent with target plant communities or die-offs of vegetation which are inconsistent with target plant communities.

h)

Stormwater shall be allowed in preserves in the RLSA - WRA areas in accordance with section 4.08.00 Rural Lands Stewardship Area Overlay District standards and procedures.

i)

A property owner may request deviations from the above regulations, 3.05.07 H.1.h.ii. Staff shall review the plans and proposed deviations to ensure that uplands in the preserve will suffer no adverse impact resulting from the proposed deviations. The process for obtaining deviations shall follow the procedure as set forth in Chapter 2, Article VIII, Division 23 of the Code of Laws and Ordinances; appeal before the EAC, and shall be heard at a public hearing of the EAC. No deviations shall be granted for 322, 413, or 421 FLUCFCS Codes.

j)

The requirements of this subsection (3.05.07 H.1.h.ii) shall not apply to discharge of stormwater into preserves pursuant to South Florida Water Management District or County permits or approvals issued prior to June 11, 2010.

iii.

No setback from preserves is required for fences, or retaining walls permitted as part of the stormwater management system. Decorative walls must be set back a minimum of five feet from the boundary of preserves. Permanent fences and walls are prohibited within preserves unless approved by the FFWCC or USFWS as part of an approved wildlife management plan in accordance with 3.04.00. Where construction of such structures impacts native vegetation in the preserve, a restoration plan shall be provided and included as part of the preserve management plan. No trenching for wall/fence installation is allowed within 10 feet from preserve boundary, unless adjacent to a fire break in the preserve. Trenching is allowed for installation of gopher tortoise fencing pursuant to FFWCC Gopher Tortoise Permitting Guidelines and for retaining walls designed to minimize impacts to native habitat and wetlands, such as those permitted as part of the stormwater management system.

iv.

No setback from preserves is required for impervious or pervious pathways, or other structures allowed within preserves pursuant to this section.

v.

In those areas of Collier County where oil extraction and related processing is an allowable use, such use is subject to applicable State and Federal oil and gas permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a State permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable Federal and/or State oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.

2.

Inspections and maintenance.

a.

Inspections shall be required for all preserves. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule:

i.

Prior to preliminary acceptance of the phase of the required subdivision improvements;

ii.

Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy.

iii.

As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility;

iv.

Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement.

b.

Annual maintenance. Annual maintenance shall be required according to the Preserve Management Plan.

3.

Required setbacks to preserves.

a.

All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory structures and all other site alterations shall have a minimum 10-foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland.

b.

Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f.

4.

Exemptions.

a.

Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07

b.

Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of this section 3.05.07 H., which were adopted on or after June 19, 2003.

(Ord. No. 05-27, § 3.M; Ord. No. 08-08, § 3.F; Ord. No. 08-63, § 3.H; Ord. No. 10-23, § 3.O)

3.05.08 - Requirement for Removal of Prohibited Exotic Vegetation

Prohibited exotic vegetation specifically includes the following:

Earleaf acacia (Acacia auriculiformis)

Australian pine (Casuarina spp.)

Melaleuca (Melaleuca spp.)

Catclaw mimose (Minosa pigra)

Downy rosemyrtle (Rhodomyrtus tomentosa)

Brazilian pepper (Schinus terebinthifolius)

Java plum (Syzygium cumini)

Women's tongue (Albizia lebbeck)

Climbing fern (Lygodium spp.)

Air potato (Dioscorea bulbifera)

Lather leaf (Colubrina asiatica)

Carrotwood (Cupaniopsis anacardioides)

A.

General.

1.

Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order.

2.

Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04

3.

Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes:

a.

From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements.

b.

From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase.

c.

From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility.

d.

From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy.

4.

In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section.

5.

Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative.

6.

Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. Any person who supervises up to eight (8) people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied.

B.

Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section.

C.

Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather. This shall not apply to interior remodeling of any existing structure.

The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit.

(Ord. No. 05-27, § 3.N; Ord. No. 08-63, § 3.I)

3.05.09 - Designation of Specimen Tree

By resolution of the BCC, a plant may be designated a specimen tree because of its historical significance, rarity in the County, age, or extraordinary size.

3.05.10 - Littoral Shelf Planting Area (LSPA)

The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function.

A.

Design requirements.

1.

Area requirements. The total area of the LSPA shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary within the County and are as follows:

a.

Rural Fringe Mixed Use District - 30 percent. This requirement may be reduced subject to the incentives identified in section 3.05.07 F.4.b.;

b.

All other areas - 7 percent.

2.

Location criteria. Unless otherwise allowed for, the LSPA shall be concentrated in one location of the lake(s), preferably adjacent to a preserve area, in order to maximize its habitat value and minimize maintenance efforts. Multiple locations for meeting the LSPA area requirement within a single lake shall be allowed as long as a single LSPA is no smaller than 1,000 square feet. Whenever possible, the LSPA should be located away from residential lots in order to avoid maintenance and aesthetic conflicts with residential users, and the LSPA shall be located adjacent to control structures or pipe outlets or inlets in order to maximize water quality benefits. However, the LSPA shall be located no closer than 20 feet from any discharge structure or pipe intake so as to not impede flow. If the LSPA is located around a discharge structure, the 20-foot setback shall extend waterward of the discharge structure to a point in the center of the lake. For interconnected lake systems, the total required area of the LSPA for all lakes may be configured within a single lake and at one location.

3.

Shelf elevation. The design elevation(s) of the LSPA shall be determined based on the ability of the LSPA to function as a marsh community and on the ability of selected plants to tolerate the expected range of water level fluctuations. Generally, marsh communities in this area have a hydroperiod of between 6 and 10 months. Wet seasonal water levels range from 12 to 24 inches above ground elevation. Dry seasonal water levels are six inches below ground elevation for an average year and 46 inches below ground elevation for a one in ten year drought. The design of the shelf may deviate from these reference values if site-specific data and information is presented that supports the proposed elevations.

4.

Shelf configuration. The LSPA shall be designed so that the slope of the shelf is as flat as possible. An undulating bottom allowing for shallow pooling during the dry season is encouraged. Shelves may be terraced to provide for varying elevations for different plant species. The area requirements specified in 3.05.10 A.1 shall only be satisfied by those areas planted on a shelf that has an average slope of 8:1 or flatter. Shelves having undulating bottoms and terraced configurations shall be deemed to meet the slope requirements if the average slope across the shelf is 8:1 or flatter.

5.

Plant selection and specifications. Plants shall be selected based on the expected flooding durations and maximum water depths for which the selected plants can survive. The LSPA shall be initially planted with at least 3 different species of native, nursery grown or otherwise legally obtained vegetation. No species shall constitute more than 50 percent of coverage, and at least 1 species shall be herbaceous. Spacing shall be no more than: 20 feet for trees; 5 feet for shrubs; and 36 inches on center for herbaceous plants. At the time of planting, minimum size shall be: 3 gallon (minimum 4 feet high) for trees; 1 gallon for shrubs and 12 inches for herbaceous plants. Clustering of plants shall be allowed to provide for scattered open areas as long as the open areas do not constitute more than 20 percent of the required shelf area and the elevations of the open areas are at least a foot deeper than the surrounding planted area.

6.

Posted area. The boundary of the LSPA shall be posted with appropriate signage denoting the area as a LSPA. sign(s) should note that the posted area is a Littoral Shelf Planting Area and contain specific instructions to ensure that the planted area will not be subjected to herbicidal treatments or other activities that will kill the vegetation. The signs shall be no closer than 10 feet from residential property lines; be limited to a maximum height of 4 feet and a maximum size of 2 square feet; and, otherwise comply with section 5.06.00. A minimum of two signs shall be provided to mark the extent of the LSPA. Maximum sign spacing shall be 150 feet.

7.

Required information. The planting plan for the LSPA shall provide the following information:

a.

Calculation table showing the required area (square feet) for the LSPA and its percentage of the total area at control elevation;

b.

Control elevation and dry season water table;

c.

Maximum water depth (feet) and estimated number of months of flooding for the range of planted elevations within the LSPA;

d.

A plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size;

e.

Planting locations of selected plants.

B.

Operational requirements: Littoral shelf planting areas shall be maintained according to the following requirements:

1.

Eighty percent vegetative coverage of the LSPA is required within a 2-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit within the LSPA will be counted towards this coverage requirement except as required per section 3.05.10 B.2 below. The LSPA must be kept free of refuse and debris.

2.

Prohibited exotics and nuisance species shall be removed as they occur, manually or with U.S. Environmental Protection Agency approved herbicides. Prohibited exotics are those species as listed in this section 3.05.08. For the purpose of this section, nuisance species include those species listed as Class I and Class II Prohibited Aquatic Plants specified in Chapter 62C-52.011, Florida Administrative Code. Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides when they exceed ten percent coverage of the required LSPA area.

C.

Application to existing lakes. All previously approved projects requiring littoral plantings shall meet the operational requirements set out in 3.05.10 B. above.

1.

Projects with previously approved littoral planting requirements constructed according to standards required at the time of approval, that do not meet the operational requirements of 3.05.10 B., shall meet the current standards subject to the following criteria:

a.

The amount of planted area shall be the same as that required in the original approval;

b.

The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in section 3.05.10 A.3. The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.10 A.2.

c.

Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8:1 requirement of 3.05.10 A.4. shall not be required. Re-grading of existing slopes will not be required;

d.

Plant selection and specifications shall conform to section 3.05.10 A.5;

e.

Signage of the planted littoral areas shall be required subject to 3.05.10 A.6.; and

f.

A written assessment and site plan shall be required if it is determined by the assessment of the lakes that the new littoral shelf planting area will differ from the approved plan of record.

2.

For amendments to approved excavations where the proposed amendments will modify the previously approved lake shoreline or increase the previously approved lake area, signage of the planted littoral areas shall be required subject to section 3.05.10 A.6.

a.

For amendments that modify less than 20 percent of the previously approved shoreline but increase the previously approved lake area, only the additional portion of the lake shall be used to calculate the additional LSPA area using the percentage requirements of 3.05.10 A.1. (See figure 1 below) This additional LSPA shall conform to the design requirements of 3.05.10 A.

b.

For amendments that modify 20 percent or more of the previously approved shoreline, the total lake area shall be used to calculate the LSPA area using the percentage requirements of 3.05.10 A.1. (See figure 1 below) The LSPA shall conform to the design requirements of 3.05.10 A.

D.

Exemptions. Lake excavations activities which are lawfully permitted and used for aquaculture shall be exempt from the LSPA requirements. Lake excavation activities subject to the Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt from the LSPA requirements but shall otherwise be required to follow the mine reclamation requirements required in the Code of Laws of Collier County. Exempted lake excavations that are modified to allow the lake to function as a wet detention pond as part of a stormwater management system shall no longer be exempted from this section and shall meet the standards contained herein at the time of modification.

(Ord. No. 04-72, § 3.K; Ord. No. 06-63, § 3.O; Ord. No. 07-67, § 3.H)