§ 3.04.02. Species Specific Requirements

Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site (other than for occasional use by non-resident species such as wading birds) or if required by state and federal permit requirements. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. The following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00:

A.

Gopher Tortoise ( Gopherus polyphemus ).

1.

All native habitats occupied by gopher tortoises and the associated listed commensals are hereby protected.

2.

It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, molest, pursue, or attempt to engage in any such conduct, any gopher tortoise, and to alter , destroy, or degrade the functions and values of their burrows or habitat, unless otherwise provided for in this section.

3.

All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section.

4.

Relocation shall be permitted and executed according to FFWCC Gopher Tortoise Permitting Guidelines.

5.

When gopher tortoises are identified on-site, a habitat protection and/or management plan or off-site relocation plan, as prepared by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent, shall be submitted to the County Manager or designee for review and approval.

6.

The on-site habitat protection and/or management plan shall include, but not be limited to, the following items:

a.

A gopher tortoise survey no more than 6 months old or within the time frame recommended by the FFWCC, which may be field-verified by the County Manager or designee.

b.

A proposal for either maintaining the habitat for the population on site or relocating the existing population to a gopher tortoise recipient site permitted by the FFWCC.

c.

If preserved on site, a site plan identifying the boundaries of the gopher tortoise preserve.

d.

The method of relocation, if necessary.

e.

The proposed supplemental plantings, if needed.

f.

Details of the construction and maintenance of gopher tortoise preserve fencing to protect tortoises during construction.

g.

An annual maintenance plan describing exotic removal and vegetation management.

h.

Identification of persons responsible for the initial and annual protection and/or management of the tortoises and the preserve area. Suitable gopher tortoise habitat and maximum allowable density of gopher tortoises shall be in accordance with the parameters identified in Gopher Tortoise Management Plan and Gopher Tortoise Permitting Guidelines utilized by the FFWCC. Suitable gopher tortoise habitat preserved on site shall be designated on the site plan at the time preserves are established and shall be credited to the preservation requirement as specified in section 3.05.00.

i.

Habitat management and monitoring to ensure habitat within the preserve is maintained in accordance with the parameters identified in Gopher Tortoise Management Plan and Gopher Tortoise Permitting Guidelines utilized by the FFWCC.

j.

Methods identified to protect tortoises from roadways, domestic animals, or other possible dangers, if needed.

7.

When identifying the native vegetation preservation requirement of section 3.05.07 for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises' preserves. It shall be a priority to preserve scrub habitat, when it exists on-site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off-site.

8.

All gopher tortoises shall be captured and relocated from within the development footprint prior to any site improvement, in accordance with FFWCC guidelines and the protection/management plan approved by County Manager or designee. High densities of hatchlings and juvenile tortoises are often found in dense thickets of low growing vegetation in habitat where existing gopher tortoises and their burrows are located. In areas where relocation of gopher tortoises is required, the location of these thickets shall be identified in the protection/management plan and any gopher tortoises within these areas shall also be relocated.

B.

Sea Turtle Protection.

1.

The purpose of this section is to protect the threatened and endangered sea turtles that nest along the beaches of the County, by safeguarding sea turtle hatchlings from sources of artificial light, and adult and hatchling sea turtles from injury or harassment. The County shall adhere to state and federal guidelines for the protection of sea turtles.

2.

The requirements of this section apply when development or lighting associated with development is located within 300 feet of coastal mean high water ; when parking lots , dune walkovers, or other outdoor lighting is proposed; and when reflective surfaces that will be illuminated by outdoor lighting will be visible from the beach .

a.

Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited.

b.

All lighting, including wall-mounted fixtures, pole lighting, lights on balconies, and any other type of lighting not specifically referenced by this section, shall be of low intensity, and shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach .

c.

Low profile luminaries shall be used in parking lots , and such lighting shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach .

d.

Dune crosswalks shall utilize low profile shielded luminaries directed and positioned so that light sources, or any reflective surfaces illuminated by such sources shall not be visible from the beach . Dune crossover lighting shall be limited to the area landward of the primary dune .

e.

If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach .

f.

Plates of tinted glass are required for windows that are visible from the beach . The tinted glass shall be any window or glazing that has an industry-approved light transmittance value of 45 percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside.

g.

Temporary security lights at construction sites shall not be mounted more than 15 feet above the ground. Light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach .

3.

For existing development , existing structures with any light sources, or reflective surfaces illuminated by such sources, that are visible from the beach , shall be in compliance with the following:

a.

All lights shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, or fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach .

b.

Lights illuminating dune crosswalks shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, and must be modified to conform to the requirements for new development in accordance with section 3.04.03(B) of this section.

c.

Security and emergency exit lighting shall follow the same requirements stated in section 3.04.03(C)(1) of this section. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach .

d.

At least one (1) of the following measures shall be taken, where applicable, to reduce or eliminate the negative effects of interior light emanating from doors or windows within the line of sight of the beach , where lights currently illuminate the beach :

i.

In windows facing the Gulf of Mexico, and all inlet shorelines of these beaches , tinted window treatments are required for windows that are visible from the beach so that indoor lights do not illuminate the beach . The tinted glass shall be any window or glazing that has an industry-approved light transmittance value of forty-five (45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside.

ii.

Rearrange lamps and other movable fixtures away from windows.

iii.

Use window treatments, including, but not limited to, blinds and curtains, to shield interior lights from the beach .

iv.

Turn off unnecessary lights.

4.

All publicly owned lighting with light sources that are visible from the beach , or that illuminate reflective surfaces that are visible from the beach , shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, or shall be fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, are not visible from the beach .

5.

It shall be unlawful, during the nesting season, to construct any structure , add any fill, mechanically clean any beach , or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee.

a.

If sea turtle nesting occurs within 100 yards of the construction, measured parallel to the shoreline during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that morning.

b.

Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the applicant.

c.

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

d.

Construction or repair of any structure , including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall not be permitted during sea turtle nesting season on any County beaches , except if permitted structures are damaged by a named storm or other declared natural disaster and the following conditions are met:

i.

Minor Repair Work. Minor repair work (boards need to be nailed back to the existing intact structure , or less than 10 percent of the boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying the County Manager or designee of that work. Work must be completed within 12 months of the named storm or declared natural disaster.

ii.

Major Repair Work. Prior to any repair work (greater than that described in i. above) or reconstruction of any part of the structure , the following information shall be provided so that staff can determine if the major repair or reconstruction can occur prior to the end of sea turtle nesting season:

a)

The appropriate permit or authorization from FDEP, if required.

b)

The location of all known sea turtle nests. The County Manager or designee will provide assistance in locating nests. Construction activities shall not occur within 10 feet of the boundaries of viable nests.

c)

A survey by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent locating any gopher tortoise burrows on site within 50 feet of proposed construction. Relocation of gopher tortoises will be required when the burrows are in harm's way of the construction activity.

d)

Photographs of the site as it existed after the storm to document the conditions of the property.

e)

An aerial of the property showing the CCSL line.

f)

A copy of a CCSL variance or CCSL permit, if required, and building permit approving the original construction of the structure .

g)

Sea turtle nest locations will be reestablished using their previously recorded GPS locations and accuracy data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days from the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchlings.

e.

Minor structures , as defined by Florida Statutes Subsection 161.055, of the Coastal Zone Protection Act of 1985, shall be approved provided that they also comply with:

i.

Federal requirements for elevations above the 100-year flood level,

ii.

Collier County Building Code requirements for flood proofing,

iii.

Current building and life safety codes,

iv.

Collier County and State of Florida Department of Environmental Protection CCSL/CCCL regulations,

v.

Applicable disability access regulations of the American Disability Act (ADA), and

vi.

Any required Collier County zoning and other development regulations with the exception of existing densit y or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein.

6.

The following shall be obligations for all property owners who have had sand washed ashore (as a result of a storm) and deposited on the dune and seaward of the CCSL. As supported by GMP Conservation and Coastal Management Element Objective 10.4 and Policy 10.4.8, construction seaward of the CCSL shall not interfere with sea turtle nesting, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation and help in the restoration of natural functions of coastal barriers and beaches and dunes.

The property owner may be prohibited from removing the deposited sand when it is determined that the wash over was a part of the natural rebuilding of the beach and dune system. Only native salt tolerant beach or dune vegetation may be planted on the deposited sand, after obtaining a Collier County CCSL permit.

This shall not apply to sand washed over onto yards that have received the appropriate Collier County approvals for landscaping seaward of the CCSL (such as single family homes along Vanderbilt Beach).

7.

It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any species of sea turtle in Collier County or within its jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle.

C.

Florida Scrub Jay (Aphelocoma coerulescens). The required management plan shall provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation.

D.

Bald Eagle. For the bald eagle (Haliaeetus leucocephalus) , the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season.

E.

Red-Cockaded Woodpecker. For the red-cockaded woodpecker (Picoides borealis) , the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain.

F.

Florida Black Bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-resistant containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan.

G.

Panther. For projects located in Primary and Secondary zones, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU district shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer.

H.

West Indian Manatee. The management and protection requirements based upon the Manatee Protection Plan for the West Indian manatee ( Trichechus manatus ) are set forth in section 5.05.02.

(Ord. No. 05-27, § 3.J; Ord. No. 10-23, § 3.L)