§ 10.02.06. Requirements for Permits

A.

Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below.

1.

Relation to state and federal statutes.

a.

Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development , such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development , including any changes in land configuration and land preparation.

b.

Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the commencement of construction or development . Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by the LDC to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development .

2.

No approval of the final subdivision plat , improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County Growth Management Plan, or (2) if issuance of said development order or building permit is inconsistent with the Growth Management Plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the Growth Management Plan.

B.

BuildingPermit or LandAlterationPermit.

1.

Building or land alteration permit and certificate of occupancy compliance process.

a.

Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building , structure , or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction.

b.

Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off- street parking and off- street loading spaces ; approximate location of trees protected by county regulations; changes in grade , including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction.

c.

Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code.

i.

Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws.

ii.

A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected.

d.

Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C.

e.

Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10.

i.

In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).

f.

Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the LDC, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate.

i.

For the purposes of determining compliance with the zoning provisions of the LDC, an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC.

ii.

In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required.

iii.

A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings .

C.

Agricultural land clearing.

1.

Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), shall be required for all agricultural operations except as exempted by LDC section 10.02.06 C.1.d.

a.

Application. The Administrative Code shall establish the procedures and the submittal requirements, in addition to those identified below, to obtain an agricultural land clearing permit.

i.

Silviculture operations, as defined by the LDC, shall require a management plan prepared by a forester or a resource manager (i.e. Florida Forest Service, private or industrial).

ii.

If an ST or ACSC-ST overlay is attached to the zoning of the property, the ST or ACSC-ST permit review shall be in accordance with LDC sections 2.03.07 and 4.02.14 and may be reviewed simultaneously with the agricultural clearing permit application.

iii.

A generalized vegetation inventory and clearing plan.

iv.

Data relating to wetlands impacts and protected wildlife species habitat subject to the Conservation and Coastal Management Element of the Growth Management Plan and the LDC. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat.

v.

The property owner, or authorized agent , has filed an executed agreement with the County Manager or designee, stating that within 2 years from the date on which the agricultural clearing permit is approved by the County Manager or designee, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the 25-year period required by vi. below. If the clearing is expected to occur over a period greater than 2 years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate.

vi.

The property owner, or authorized agent , has filed an executed agreement with the County Manager or designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of 25 years from the date of approval of the agricultural clearing permit by the County Manager or designee, unless for any such conversions in less than 25 years, the converted land shall be restored with native vegetation to the degree required by the LDC.

vii.

Permit Fees. The agricultural clearing permit applications shall be charged a review fee as established by resolution by the Board.

b.

Criteria for review of the application. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit:

i.

An on-site inspection has been made by staff, if indicated.

ii.

Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Conservation and Coastal Management Element of the Collier County Growth Management Plan and the LDC, as may be amended from time to time.

iii.

Additional data and/or information required by the County to address environmental impacts shall be submitted by the applicant .

iv.

The proposed use is consistent with the zoning district.

v.

The proposed use is a bona fide agricultural use.

vi.

The applicant has signed an executed agreement pursuant to 10.02.06 C.1.a.v. above.

c.

Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5-year periods providing that a notification in writing is forwarded to the County Manager or designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall be cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit.

d.

Exemptions for agricultural clearing permit.

i.

An agricultural clearing permit is not required for operations holding a permit under Ordinance No. 76-42 and that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. A demonstration for exemption may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation.

ii.

Upon issuance of an agricultural clearing permit or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance are exempt from obtaining additional agricultural clearing permits for that parcel , if the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing.

iii.

Fences, buildings , and structures that require a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit.

iv.

No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that:

(a)

The County Manager or designee is notified in writing within 2 business days prior to such removal and the County makes no objection within said 2 business days;

(b)

The tree is not a specimen tree;

(c)

The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation, or restoration program;

(d)

The parcel is currently engaged in bona fide agriculture, as defined by the LDC;

(e)

No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program.

2.

Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), the property owner shall provide notice to the County Manager or designee that the removal will occur.

a.

The Administrative Code shall establish the submittal requirements for the agricultural clearing notice, including the following:

i.

A signed agreement acknowledging the 25-year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19, 2002, as set forth in LDC section 2.03.07; and

ii.

If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC section 3.05.07, as provided in LDC section 3.05.02.

b.

Permit fees. The agricultural clearing notice application shall be charged a review fee as established by resolution by the Board.

D.

Enforcement and penalties.

1.

Fines.

a.

The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code.

Removal of vegetation with a bald eagle nest shall be subject to a fine of up to five thousand dollars ($5,000.00) per bald eagle nest. Each nest, eagle, chick and egg using the nest that is removed, shall also constitute a separate and distinct offense and shall be subject to separate and individual fines of up to five thousand dollars ($5,000.00) each or maximum permitted by law, which ever is greater.

b.

The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 C., to put the subject premises into a bona fide agricultural use shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code.

2.

Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards:

a.

The restoration plan shall include the following minimum planting standards:

i.

In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade .

ii.

Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service.

iii.

Replacement vegetation shall meet the following criteria, at time of planting:

a)

Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05.

b)

Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10.

c)

Environmental restoration within County required preserves shall be in accordance with 3.05.07 H.

d)

Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions. Where such requirements are not enforced or project not permitted by these agencies, the following minimum sizes shall apply: 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. Mangroves may be two foot high at time of planting.

e)

Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted.

iv.

Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code).

v.

It shall be at the discretion of the County Manager or designee to allow for any deviation from the above specified criteria.

b.

In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties.

c.

The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS Code. The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or designee.

d.

If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions.

e.

In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development . For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit.

f.

The County Manager or his designee may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the County Manager or his designee.

g.

The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.)

3.

Corrective measures for environmental violations.

a.

Mitigation.

i.

The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan.

ii.

Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development . Ratios for off-site mitigation shall be as follows: 2 to 1 for uplands and 3 to 1 for wetlands .

iii.

The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site.

iv.

If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh ( diameter at breast height ) in inches removed shall be required.

v.

If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions.

vi.

If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and 1 acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit.

b.

Requirements for a mitigation plan.

i.

A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided.

ii.

The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.05.07 H or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee.

iii.

The preparer's name, address and telephone number shall be included on the plan.

iv.

A north arrow, scale, and date shall be required on the plan.

v.

Existing vegetation areas shall be shown.

vi.

The proposed planting areas shall be clearly defined.

vii.

The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method.

viii.

All plants proposed shall be denoted by genus, species, and the common name.

ix.

The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc.

c.

Site-specific review criteria.

i.

All plants used for mitigation shall be native Florida species.

ii.

Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05.

iii.

The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants.

iv.

The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types.

v.

The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval.

vi.

A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required.

d.

County review of mitigation plan.

i.

The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested.

ii.

Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review.

e.

Monitoring and replanting.

i.

A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A time zero monitoring report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on-site conditions within one month prior to the anniversary/due date for the re-inspection. Success shall be verified by the County Manager or designee.

ii.

An eighty percent survival by species shall be required for a two-year period, starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained.

iii.

The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator.

iv.

Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan.

f.

Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 D.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal.

4.

Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or designee, to have the case reviewed by the Collier County Board of County Commissioners.

5.

Suspension of permit requirement. The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution:

a.

The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners.

b.

The vegetation removal is necessitated by disaster related damage.

c.

The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00).

6.

Existing Code Enforcement cases. The requirements of 10.02.06 D.2.a.iii and 10.02.06 D.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior to October 3, 2012, unless the respondent elects to use the new criteria.

E.

Wellfield conditional use permit and standards.

1.

Petition.

a.

Owners/operators of a proposed regulated development for which a wellfield conditional use permit will be required to locate the proposed regulated development within any zone, may petition the board for a wellfield conditional use permit exempting the development from the prohibitions set forth in section 3.06.12 hereof, as provided in this section.

b.

Owners/operators shall submit the application for wellfield conditional use permit to the County Manager on forms prepared by the department.

2.

Criteria.

a.

The owner/operator shall demonstrate by the preponderance of substantial competent evidence that:

i.

The development has or can satisfy all requirements for a certificate to operate;

ii.

Special or unusual circumstances exist which are peculiar to the particular development which are different than any other regulated development ;

iii.

Adequate technology exists which will isolate the development from the surficial and intermediate aquifer systems; or

iv.

Site-specific hydrogeologic data provides reasonable assurances that the existing water quality in surficial and intermediate aquifer systems will not be degraded as a result of the development .

3.

Conditions of wellfield conditional use permit.

a.

In granting the wellfield conditional use permit, the board may prescribe any additional conditions and safeguards which it deems necessary to protect the existing well(s), future identified well(s) or future potable water supply resources.

b.

The wellfield conditional use permit shall incorporate a certificate to operate, which must be renewed or transferred in the same manner as any other certificate to operate as provided in section 10.04.01 B. hereof.

4.

Prohibited wellfield conditional use permits.

a.

No wellfield conditional use permit may be construed or otherwise interpreted to legalize a regulated development existing on the effective date of this section [November 13, 1991], which is not in compliance with applicable local, state or federal law or regulations. No wellfield conditional use permit or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local, State or Federal law or regulations.

5.

Administrative review of wellfield conditional use permit petition.

a.

The County Manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this Code in the same procedural manner as for a certificate to operate.

b.

If the petition is found not to be in compliance, the County Manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the petition.

c.

Upon a determination by the County Manager that the petition is in compliance, or upon receipt of written notice from the petitioner that the petition should be processed as is, the County Manager shall render a written recommendation for approval, approval with conditions, or denial of the wellfield conditional use permit.

6.

Approval by the board.

a.

Wellfield conditional use permits which authorize development prohibited in the wellfield risk management special treatment protection overlay zones, are subject to careful review and shall include public notice and hearing as set forth in section 10.04.11 A. hereof.

b.

All petitions for wellfield conditional use permits shall be heard by the board as provided in section 10.04.11 A. hereof.

7.

Wellfield conditional use permit for public or quasipublic development .

a.

The board, after public hearing, may find that certain existing or proposed public or quasipublic regulated development is exempted from compliance with this section and may issue a wellfield conditional use permit upon finding that:

i.

The public benefit to be realized by the proposed or existing regulated development outweighs the purpose of this section; and

ii.

The proposed or existing regulated development cannot, for economic or scientific reasons, be relocated elsewhere.

b.

The scope of any wellfield conditional use permit granted under this section shall be narrow to avoid derogation of the purpose of this section and the board may impose special conditions of approval to ensure implementation of the intent of the same.

c.

Petitions shall be processed, approved, approved with conditions or denied as any other wellfield conditional use as provided in section 10.02.06 E. hereof.

F.

Temporary Use Permit Requirements. See LDC section 5.04.01 for temporary use permit classifications and restrictions.

1.

The Administrative Code shall establish the procedures and application submittal requirements for temporary use permits.

G.

Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below, the following activities seaward of the Coastal Construction Setback Line shall require either a 1) Coastal Construction Setback Line (CCSL) permit; 2) Site Development Plans, Site Improvement Plans and Amendments thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04. The appropriate fee as set by county resolution shall be submitted with permit application. All required Federal, State, and County permits shall be obtained prior to commencement of construction.

1.

Construction of a dune walkover when the following criteria have been met.

a.

A maximum width of 6 feet.

b.

A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel .

2.

Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when the following criteria have been met.

a.

Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements.

b.

Plants utilized shall be 100 percent native coastal species.

c.

Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida.

3.

The Administrative Code shall establish the procedures and application submittal requirements for obtaining a Coastal Construction Setback Line permit.

4.

Exemptions from CCSL permit. The following activities shall not require a CCSL permit. All required Federal, State, and County permits shall be obtained prior to commencement of construction.

a.

Certain activities approved by the BCC that may alter ground elevations such as artificial beach nourishment projects or excavation or maintenance dredging of inlet channels.

b.

Implementation of Federal, State, or County approved preserve or listed species management plans on publically owned land designated as parks, preserves, or mitigation areas.

c.

Implementation of County approved preserve or listed species management plans on privately owned land pursuant to LDC section 3.05.07 H.

d.

Hand removal of prohibited exotic and non-native vegetation in accordance with LDC sections 3.05.02 G.

5.

All other activities seaward of the CCSL shall require a variance, pursuant to LDC section 9.04.06.

6.

Penalty and civil remedies.

a.

Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC, the following violations of section 9.04.06 H., which occur during sea turtle nesting season:

i.

Setting up of any structures , prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties:

(a)

First violation: Up to $1,000.00 fine.

(b)

Second violation: $2,500.00 fine.

(c)

Third or more violation: $5,000.00 fine.

ii.

Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties:

(a)

First violation: Written notice of ordinance violation.

(b)

Second violation: Up to $1,000.00 fine.

(c)

Third violation: $2,500.00 fine.

(d)

More than 3 violations: $5,000.00 fine.

H.

Vehicle on the beach regulations.

1.

Unlawful to drive on sand dunes or beach or to disturb sand dune . It shall be unlawful:

a.

To operate or cause to be operated a hand-, animal-, or engine-driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes , hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach .

b.

To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in the LDC.

2.

Exceptions; permit. All permits to allow operation of vehicles on county beaches shall be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 H.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach permits are not transferable.

a.

Sheriff, City, State and Federal police, emergency services, Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties, and government entities responding to emergency situations, shall be exempt from the provisions of this section.

b.

Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach , shall be exempt from the provisions of this section if a permit has been obtained from the County Manager or designee. The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. All permits issued are subject to the following conditions and limitations:

i.

All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be included with each permit application.

PSI = Vehicle weight (lbs) + equipment (including maximum debris load for beach raking equipment and rider weight (lbs)/total tire footprint (square inches)

c.

Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons and hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use shall be exempt from the provisions of this section.

d.

Vehicle-on-the- beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach , are exempt from the provisions of this section if a vehicle-on the- beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations:

i.

The use of vehicles shall be limited to set-up and removal of equipment for the permitted function.

ii.

Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection.

iii.

The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs.

iv.

All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application.

v.

Permits shall only be issued for ATVs when the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area.

vi.

When not in use all vehicles shall be stored off the beach .

vii.

During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress/egress corridor onto and over the beach , perpendicular to the shoreline from the owner's property, shall be designated by the County Manager or designee; additional corridors may be approved when appropriate and necessary as determined by the County Manager or designee; a staging area may be approved for large events as determined by the County Manager or designee and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach , nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the County Manager or designee, the vehicle-on-the- beach permit may be suspended for the remaining period of the sea turtle season.

viii.

These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day.

e.

Permit for construction (excluding beach re-nourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune . It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 H.3.

f.

Beach raking and mechanical beach cleaning.

i.

Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained.

ii.

Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 H. of this Chapter.

iii.

Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function.

iv.

Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests.

v.

Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion.

vi.

Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the County Manager or designee.

vii.

Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the County Manager or designee. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health.

g.

Vehicles associated with beach nourishment and inlet maintenance.

i.

Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the County Manager or designee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements.

ii.

Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area.

iii.

No tilling of the beaches shall occur during sea turtle nesting season.

3.

Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended.

a.

All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit.

4.

Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties:

a.

Violations of section 10.02.06 H.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation.

b.

Minor infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure.

c.

Major infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor.

First violation: $1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less.

Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less.

Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less.

d.

Violations of section 10.02.06 H., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation.

e.

Violations of sections 10.02.06 H. which occur during sea turtle nesting season are subject to the following penalties:

Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure.

I.

Cultivated Tree Removal Permit.

1.

Generally. A Cultivated Tree Removal Permit is required for the removal or relocation of any tree or palm that has been installed for landscaping and which is not a part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5 year period may be removed with a Cultivated Tree Removal Permit. Protected vegetation , other than that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section 3.05.00. In no instance shall a site fall below the current minimum landscape code standard.

2.

Applicability. The provisions of this section are applicable to all development unless otherwise specified in this section.

3.

Exemptions:

a.

The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree Removal Permit, unless the prohibited exotic tree is used to meet the minimum landscaping code requirements pursuant to a final local development order , prior to October 2, 2013.

b.

Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit. Single-family home sites shall maintain the minimum code landscaping requirements established in LDC section 4.06.05.

4.

Criteria for removal of cultivated landscaping. The landscape architect may approve a Cultivated Tree Removal permit application based on the following criteria:

a.

A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure .

b.

A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s).

c.

Other public health and safety circumstances as determined by the County landscape architect.

5.

Application. The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit.

a.

The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees.

6.

Approval. The County Manager or designee shall approve, approve with conditions, or deny a Cultivated Tree Removal Permit.

7.

Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions:

a.

That the minimum code required tree, if transplanted, shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05.

b.

That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the County Landscape Architect, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics.

J.

Zoning Verification Letter.

1.

A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations.

a.

Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following:

i.

Allowable uses and development standards applicable to the property under the LDC;

ii.

Zoning of adjacent properties;

iii.

Confirmation of any site development plan , conditional use , or variance approved for the property; and

iv.

The nonconforming status of the property.

b.

Comparable Use Determination. The County Manager or designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning verification letter shall be approved by the BCC by resolution at an advertised public hearing.

c.

Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure .

d.

Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a.

2.

The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter.

(Ord. No. 04-72, § 3.CC; Ord. No. 05-27, § 3.WW; Ord. No. 06-07, § 3.V; Ord. No. 07-67, § 3.V; Ord. No. 08-63, § 3.LL; Ord. No. 09-43, § 3.B; Ord. No. 10-23, § 3.RR; Ord. No. 12-38, § 3.HH; Ord. No. 13-56, § 3.NN; Ord. No. 15-44, § 3.K)