§ 2-1193. Powers and Duties.

The powers and duties of the EAC are as follows:

(a)

Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County;

(b)

Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs;

(c)

Advise the BCC in developing and revising, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources;

(d)

Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues;

(e)

Advise the BCC in identifying and recommending solutions to existing and future environmental issues;

(f)

Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collier County GMP;

(g)

Implement the water policy pursuant to the LDC;

(h)

Provide an opportunity for public comment on environmental issues, ordinances and programs;

(i)

Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and/or plans;

(j)

Assist in the implementation of any new programs, ordinances, and/or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County;

(k)

Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration;

(l)

All preliminary subdivision plat and/or site development plan submissions for development or site alteration on undeveloped coastal barriers or in the Area of Critical State Concern/Special Treatment (ACSC/ST) zoning overlay shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat;

(m)

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

(1)

Any PUD that requests a deviation from environmental standards of the LDC or any development order that requests a deviation from the provisions identified in GMP CCME Policy 6.1.1 (13).

(2)

Any petition for which environmental issues cannot be resolved between the applicant and staff, and which is requested by either party to be heard by the EAC.

(3)

Any petition which requires a hearing by the Collier County Planning Commission (CCPC) or the Board of County Commissioners (BCC), and by vote of CCPC or BCC requires the petition to be reviewed by the EAC.

(4)

Conditional Use (CU) petitions for commercial excavations which are not part of an approved subdivision.

(5)

Any CU or rezone for the following:

a.

Undeveloped Coastal Barriers;

b.

Area of Critical State Concern/Special Treatment (ACSC/ST) zoning overlay, unless an exception or exemption pursuant to section 4.02.14 LDC is granted;

c.

RFMU District Sending Lands;

d.

Coastal High Hazard Area where shoreline alteration or direct impacts to mangroves (excluding mangrove trimming) is proposed;

e.

Development with impacts to 500 or more acres of native vegetation (excluding impacts for environmental restoration).

(6)

Any CU or rezone where the following listed or protected species have been identified on-site within the last 5 years:

a.

Active bald eagle nests or their nest protection zones;

b.

Scrub jay;

c.

Nesting crested caracara;

d.

Red-cockaded woodpecker (RCW) or active RCW cavity trees;

e.

Listed wading bird rookeries;

f.

Burrowing owls.

(n)

Any petitioner may request a waiver of the EAC hearing requirement for amendments to CU or rezones, where no further impacts or changes in location to previously approved preserves or areas of retained native vegetation are proposed, and no additional species in accordance with subsection (m)(6), (above) are identified on-site.

(o)

The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC.

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