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Agenda 04/24/2002 W COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 24, 2002 LDC/BCC Spring Cycle Workshop NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 April 24, 2002 1. PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. To receive Board of County Commissioner direction with respect to Sunset PUD's and the conduct of the Comprehensive Review of the Land Development Code. 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 April 24, 2002 EXECUTIVE SUMMARY TO RECEIVE BOARD OF COUNTY COMMISSIONER DIRECTION WITH RESPECT TO SUNSET PUD'S AND THE CONDUCT OF THE COMPREHENSIVE REVIEW OF THE LAND DEVELOPMENT CODE. OBJECTIVE: To respond to the Board's direction with respect to PUD's that have sunsetted pursuant to the requirements of the LDC and to prioritize those sections of the LDC needing revision pursuant to the Board's direction to conduct a comprehensive evaluation and re-write of the Land Development Code. CONSIDERATIONS: The Board has directed staffto implement wholesale changes to the Growth Management Plan and Land Development Code in an effort to focus on community concerns relating to growth. The Board has indicated a desire to review all PUDs presently subject to the sunsetting requirements of 2.7.3.4 of the LDC. Based on County records, 16 PUDs are in immediate need of action as they are presently subject to the sunsetting provisions of the Code. The 16 PUDs total 844.62 acres. The cumulative total development impact if these projects were to be developed today is 70.37 acres of commercial development for a total of approximately 595,738 square feet of future commercial space; 2,503 residential dwelling units; 37.5 acres (504 square feet) of industrial land uses; and 310 hotel units (see exhibit "A"). Due to the age of most of the projects, staff anticipates they will provide a "blanket" recommendation for all projects, recommending that the property owners be given six months to submit an amendment to the currently approved PUD. All projects will be addressed as part of one executive summary, with reference to each individual project. Staff has compiled the list of property owners for each project and is in the process of sending registered or certified notification to each property owner advising them of the pending action before the board, presently scheduled for May 28, 2002. LDC Amendments: Cycle 1, 2002 LDC amendments are scheduled to be heard by the CCPC on April 24, 2002 and May 8, 2002, and the Board of County Commissioners on May 29o' and June 19th. The amendments to be considered include: Prohibited Uses and Structures; Commercial Districts; Industrial Automotive Sales; PUD documents; Auto parking in conjunctions with residential structures; and Transportation "Checkbook" Concurrency (Division 3.15). Staff has attached to this executive summary the table of contents of the Land Development Code. Attached to the table of contents is an abbreviated list of the Sections of the Code that staff recommends the Board consider for amendment. Each section listed in the table is in order or priority as recommended by staff for the Board's consideration and discussion during the forthcoming workshop. Future amendments to the LDC wiIl be brought forward in the order determined by the BCC. GROWTH MANAGEMENT PLAN: This proposal has no immediate impact on the Growth Management Plan. Staff will ensure that future amendments to the LDC are consistent with the Growth Management Plan and any future changes thereto. FISCAL IMPACT: The estimated cost to conduct a comprehensive re-write of the Land Development Code is the equivalent of 2.5 FTE's for a period of 2 years, at a cost of approximately $260,733. This excludes time and cost associated with amending the Land Development Code as a result of the adoption of the Rural Fringe and Rural Land amendments to the Growth Management Plan, or any amendments associated with the Community Character Plan or any other zoning overlay amendments. It is anticipated that funding for this project will come from Community Development fund (113). RECOMMENDATION: That the Board of County Commissioners direct that the 16 PUDs be brought forward at a hearing in May, in order that they may take official action pursuant to the appropriate provisions of the LDC, to direct that the property owner of each PUD be required to submit an amended PUD within 6 months of Board action. Furthermore, that they accept staff's recommended prioritization of the sections of the LDC to be considered for amendment at future public hearing dates. PREPARED BY: · /SUSAN MURRAY, AICP, INTERI~ DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: /'JOSEPH K. S~H1V~ITT, ADMINISTRATOR DANTE f~MMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. AGENDA FOR APRIL 24~ 2002 BCC WORKSHOP Order Topic 2 3 4 5 6 7 Presenter Introduction statement; Objective of workshop Overview of Development Process Discuss PUD sunsetting Process a. For PUDs before rule change b. For PUDs after rule change Presentation of 8 sunsetting PUDs Discuss future of 8 sunsetting PUDs Present schedule for LDC amendments BCC comments on LDC schedule TWO SM KD, SM SM SM APR 2 ~ 2L~2 ' EXHIBIT A PUD SUNSET SUMMARY TOTAL ACRES 844.62 commercial acres/sq ft. * 70.37 acres/595,738, sq. fi: Residential units 2,503 Xndustrial ! Hotel acres/sq, ft units 37.5 acres/540 sq. fi: 310 * Note: Myrtle Woods PUD has no square footage limitation. Therefore the acreage figure includes the acreage for that project, but the square footage figure does not. G:\Current\Deselem\PUD Sunsetting\PUD Sunset Summary TOTALS.doc APR 2 4 2002 c~ c~ 8 ~ :: - ~ C'"~' APR 2 ~ 2002 ,/' APR 2 ~t 2002 I F- APR 7_ 4 2002 I ~ x i,i Z z APR Z ~ 2002 X "~ Z 0 N / / / APR Z ~t 2002 Summary of staff recommended Divisions and Sections of the LDC for consideration Staff Article # Division and Content BCC Notes Rank Section # Rank 1 2 2.7. (2.7.3) PUD Procedures 2 2 2.7 (remaining Variance; sections) Cond Use; Affordable housing 3 2 2.2 (all sections) Zoning Districts 4 2 2.6 (all sections) Supplemental District Regs 5 2 2.1 (all sections) General zoning regulations 6 3 3.3 (all sections) Site' Development Plans 7 3 3.2 (all sections) Subdivisions 8 1 1.8 (all sections) Non- conformities 9 1 1.6 (all sections) Interpretations 10 5 All Divisions Decision making & Administrative Bodies 11 1 1.5 (all sections) Applicability APR 2 ~ 2002 Article 1 GENERAL PROVISIONS Division 1.1. Title and Citation Division 1.2. Legislative Authority Division 1.3. Findings Division 1.4. Purpose and Intent Sec. 1.5.1. Sec. 1.5.2. Sec. 1.5.3. Sec. 1.5.4. Sec. 1.5.5. Sec. 1.5.6. Sec. 1.5.7. Division 1.5. Applicability Relationship to growth management plan. Exceptions. Time limits on previously approved development orders and nonconforming signs. Time limits on nonconforming signs. Regulating noise [from] construction activity. Permitted uses and structures. Provision of water, sewer and reuse irrigation water within the Collier County Water-Sewer District; applicability to special purpose independent govern- ments. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1.6.1. 1.6.2. 1.6.3. 1.6.4. 1.6.5. 1.6.6. 1.6.7. 1.6.8. 1.6.9. 1.6.10. Division 1.6. Interpretations Authority. Initiation. Procedures. Form. Official record. Appeal to board of zoning appeals or building board of adjustments and appeals. Rules for interpretation of boundaries. Cases not covered by section 1.6.7. Division of a lot of record by a boundary. Continuity of zoning. Sec. 1.7.1. Sec. 1.7.2. Sec. 1.7.3. Sec. 1.7.4. Sec. 1.7.5. Sec. 1.7.6. Supp. No. 5 Division 1.7. Vested Rights Administrative process. Application. Determination of completeness. Review and determination or recommendation by development services direc- tor and county attorney. Review and determination of vested rights determination by hearing officer. Issuance of vested ~ights determination by hearing officer. :' ........ ::- ~' : ........ :DC1:1 APR 2 2g 2 ; COLLIER COUNTY LAND DEVELOPMENT CODE Sec. Sec. Sec. Sec. Sec. 1.7.7. 1.7.8. 1.7.9. 1.7.10. 1.7.11. Appeal to the board of county commissioners. Criteria for vested rights. Limitation on determination of vested rights. Public notice. Public participation. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1.8.1. 1.8.2. 1.8.3. 1.8.4. 1.8.5. 1.8.6. 1.8.7. 1.8.8. 1.8.9. 1.8.10. 1.8.11. 1.8.12. 1.8.13. 1.8.14. 1.8.15. Division 1.8. Nonconformities Generally. Nonconforming lots of record. Nonconforming uses of lands or waters or structures only. Extension of use in building manifestly designed for such use. Change in tenancy or ownership. Change in use. Casual, temporary, or illegal use. Uses under conditional use provisions not nonconforming uses. Change to conforming use requires future conformity with district regulations. Nonconforming structures. Improvements or additions to nonconforming mobile homes. Destruction of major structure or structures. Repairs and maintenance. Nonconforming structures unsafe because of lack of maintenance. Nonconforming structures unsafe for reasons other than lack of maintenance. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1.9.1. 1.9.2. 1.9.3. 1.9.4. 1.9.5. 1.9.6. 1.9.7. 1.9.8. 1.9.9. 1.9.10. 1.9.11. Division 1.9. Enforcement General. V~olation. Complaints regarding violations. Liability. Procedures upon discovery of violations. Criminal penalties and remedies. Civil penalties and remedies. Other remedies. Notice and appeal. Prosecution under previous regulations. Reserved. Sec. Sec. Sec. 1.10.1. 1.10.2. 1.10.3. Division 1.10. Fees Establishment of schedule of fees, costs and other charges. Maintenance and amendment of schedule. Payment of fees, costs, and other charges. Divisions 1.11mi.17. Reserved Supp. No. 5 Division 1.18. Laws Incorporated Herein by Reference_~ LDCI:2 APR 2 2002 GENERAL PROVISIONS Sec. 1.19.1. Sec. 1.19.2. Division 1.19. Amendments to This Code Timing. Procedure. Division 1.20. Conflict with Other Laws Division 1.21. Severability Sec. 1.22.1. Sec. 1.22.2. Repealer. Codification. Division 1.22. Repealer Division 1.23. Effective Date; Enactment Supp. No. 5 LDCI:3 APR ~ ~ 2002 Article 2 ZONING· Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2.1.1. 2.1.2. 2.1.3. 2.1.4. 2.1.5. 2.1.6. 2.1.7. 2.1.8. 2.1.9. 2.1.10. 2.1.11. 2.1.12. 2.1.13. 2.1.14. 2.1.15. 2.1.16. 2.1.17. 2.1.18. Division 2.1. General Short rifle. General purpose. Zoning districts established. Establishment of official zoning atlas. Amendment to official zoning arias. Unauthorized amendments to official zoning atlas or Cede prohibited. Final authority of official zoning arias and Code. Retention of earlier zoning map or atlases. Replacement of official zoning atlas. Zoning regulations are maximxlm or m~nlrnum limitations. Zoning affects use or occupancy. Multiple use of required space prohibited. Reduction of lot area prohibited. Definitions of groupings of various districts. Prohibited uses and structures. Effect of approvals under the zoning reevaluation ordinance. Time limlts on previously approved development orders. Continuation of provisional uses. Division Sec. 2.2.1. Sec. 2.2.2. Sec. 2.2.3. Sec. 2.2.4. Sec. 2.2.5. Sec. 2.2.6. Sec. 2.2.7. Sec. 2.2.8. Sec. 2.2.9. Sec. 2.2.10. Sec. 2.2.11. Sec. 2.2.12. Sec. 2.2.13. Sec. 2.2.14. Sec. 2.2.15. Sec. 2.2.15¥2. Sec. 2.2.16. Sec. 2.2.16¥2. 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards Golf course district (GC). Rural agricultural district (A). Estates district (E). Residential single-fsmily districts (RSF). Residential multiple-f~mily-6 district (RMF-6). Residential multiple-fsmily-12 district (RMF-12). Residential multiple-fsmi]y-16 district (RMF-16). Residential tourist district (RT). V~dlage residential district (VR). Mobile home district (MH). Travel trailer-recreational vehicle campground district (TTRVC). Commercial professional district (C-l) and commercial professional transi- Sec. 2.2.17. *Special acts reference--Zoning, § 250-51 et seq. tional district (C-l/T). Commercial convenience district (C-2). Commercial intermediate district (C-3). General commercial district (C-4). Heavy commercial district (C-5). Industrial district (I). Business park district (BP). Conservation district (CON). Supp. No. 12 LDC2:I COLLIER COUNTY LAND DEVELOPMENT CODE Sec. 2.2.18. Sec. 2.2.19. Sec. 2.2.20. Sec. 2.2.21. Sec. 2.2.22. Sec. 2.2.23. Sec. 2.2.24. Sec. 2.2.25. Sec. 2.2.26. Sec. 2.2.27. Sec. 2.2.28. Sec. 2.2.29. Sec. 2.2.30. Sec. 2.2.31. Sec. 2.2.32. Sec. 2.2.33. Sec. 2.2.34. Public use district (P). Community facility district (CF). PlAnned unit development district (PUD). Corridor management overlay district (CMO); special regulations for proper- ties abutting Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette-Frnnl~ Road south of Pine Ridge Road. Mobile home overlay district (MHO); special regulations for MHO in rural agricultural (A) districts. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. Special treatment overlay district (ST); special regulations for areas of envi- ronmental sensitivity and lands and structures of historical and/or archaeo- logical significance and the Big Cypress Area of Critical State Concern. Historical and archaeological sites designation (H); special regulations for preservation of historical and archaeological sites. Golden Gate Parkway Professional Office Commercial Overlay District (GGP- POCO): special conditions for the properties abutting Golden Fate Parkway east of Santa Barbara Boulevard as referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan. Reserved. I'mmokAlee Overlay Districts. Declaration of partial moratori,~m for rural and agricultural area assessment. Declaration of partial moratori;,rn for natural resource protection areas. Santa Barbara Commercial Overlay District (SBCO). Bayshore Drive Mixed Use Overlay District. Goodland Zoning Overlay (GZO) District. Sec. 2.3.1. Sec. 2.3.2. Sec. 2.3.3. Sec. 2.3.4. Sec. 2.3.5. Sec. 2.3.6. Sec. 2.3.7. Sec. 2.3.8. Sec. 2.3.9. Sec. 2.3.10. Sec. 2.3.11. Sec. 2.3.12. Sec. 2.3.13. Sec. 2.3.14. Sec. 2.3.15. Sec. 2.3.16. Sec. 2.3.17. Supp. No. 12 Division 2.3. Off-Street Parking and Loading Title and citation. Purpose and intent. General applicability. Off-street vehicular facilities: design standards. Reserved. Off-street parking: uses not specifically mentioned. Off-street parking: fractional measurements. Off-street parking: measurement. Off-street parking: mlnimuI~ requirement. Off-street parking: parking provided over and above the minimum parking requirement. Off-street parking: parking lots exceeding 200 spaces. Off-street parking: encroachment prohibited. Off-street parking: not to be reduced or changed. Reserved. Reserved. Off-street parking and stacking: required amounts. Off-street loading: specifications. LDC2:2 APR 2 q 2002 ZONING Sec. 2.3.18. Sec. 2.3.19. Sec. 2.3.20. Sec. 2.3.21. Sec. 2.3.22. Sec. 2.3.23. Sec. 2.3.24. Sec. 2.4.1. Sec. 2.4.2. Sec. 2.4.3. Sec. 2.4.4. Sec. 2.4.5. Sec. 2.4.6. Sec. 2.4.7. Sec. 2.5.1. Sec. 2.5.2. Sec. 2.5.3. Sec. 2.5.4. Sec. 2.5.5. Sec. 2.5.6. Sec. 2.5.7. Sec. 2.5.8. Sec. 2.5.9. Sec. 2.5.10. Sec. 2.5.11. Sec. 2.5.12. Sec. 2.5.13. Sec. 2.6.1. Sec. 2.6.2. Sec. 2.6.3. Sec. 2.6.4. Sec. 2.6.5. Sec. 2.6.6. Sec. 2.6.7. Sec. 2.6.8. Sec. 2.6.9. Sec. 2.6.10. Sec. 2.6.11. Sec. 2.6.12. Sec. 2.6.13. Sec. 2.6.14. Supp. No. 12 Off-street loading: plans required. Off-street loading: reservation. Off-street loading: combined off-street loading. Off-street loading requirements. Off-street parking spaces required for disabled persons. Reserved. Reserved. Division 2.4. Landscaping and Buffering Title and citation. Purpose and intent. Procedures. Plant material standards and installation standards. Minimum landscaping required for vehicular use areas. Minimum landscaping requirements. Minimum landscape buffering and screening between uses. Division 2.5. Signs Title and citation. Applicabmty. General finding. Purpose and intent. Signs exempt from permitting. Prohibited signs. Termination of prohibited signs. Permitted signs. Nonconforming signs. Continuation of nonconforming signs. Variances. Permit applications. Enforcement. Division 2.6. Supplemental District Regulations Visibility at intersections in all zoning districts. Accessory buildings and structures. Exclusions from height limits. Exceptions to required yards. Buildings to have access. Use of residentially zoned property for access prohibited. Parking and storage of certain vehicles. Moving of buildings or structures. Essential services. Locational restrictions for businesses serving alcoholic beverages. Fences. Boats or other floating equipment used as dwelling units. Miscellaneous structures. Guesthouse. LDC2:3 COLLIER COUNTY LAND DEVELOPMENT CODE Sec. 2.6.15. Sec. 2.6.16. Sec. 2.6.17. Sec. 2.6.18. Sec. 2.6.19. Sec. 2.6.20. Sec. 2.6.21. Sec. 2.6.22. Sec. 2.6.22. Sec. 2.6.23. Sec. 2.6.24. Sec. 2.6.25. Sec. 2.6.26. Sec. 2.6.27. Sec. '2.6.28. Sec. 2.6.29. Sec. 2.6.30. Sec. 2.6.31. Sec. 2.6.32. Sec. 2.6.33. Sec. 2.6.34. Sec. 2.6.35. Sec. 2.6.36. Sec. 2.6.37. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2.7.1. 2.7.2. 2.7.3. 2.7.4. 2.7.5. 2.7.6. 2.7.7. Division 2.8.1. 2.8.2. 2.8.3. 2.8.4. 2.8.5. Garbage dtunpster. Integral caretaker's residence in commercial and industrial districts. Condomini,,ma. Deed restrictions. Relation to state and federal statutes. Home occupations. Dock facilities. Manatee protection. Reserved. Prohibited animals in residential districts. Interim agricultural use of premises. Farm labor housing. Group housing development standards. Cluster development. Automobile service stations. Private airports. Provisions of polling places. Property for public use. Open space requirements in all zoning districts. Temporary use permits. Annual beach events permit. Communications towers. Townhouse development. Kitchens in dwelling units. Division 2.7. Zoning Administration and Procedures General. [Reserved.] Amendment procedures. Planned nnit development (PUD) procedures. Conditional uses procedures. Variance procedures. Building or land alteration permit and certificate of occupancy compliance process. Affordable housing density bonus. 2.8. Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects Purpose and intent. Applicability. Architectural and site design standards and guidelines for commercial build- ings and projects with a gross building area of 20,000 square feet or larger. Architectural and site design standards and guidelines for commercial build- ings and projects under 20,000 square feet in size. Exceptions and interpretations. Supp. No. 12 LDC2:4 APR 2 2002 ~. ~icle 3 DEVELOPMENT REQUIREMENTS Sec. 3.1.1. Sec. 3.1.2. Overview. Fees. Division 3.1. General Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3.2.1. 3.2.2. 3.2.3. 3.2.4. 3.2.5. 3.2.6. 3.2.7. 3.2.8. 3.2.9. Division 3.2. Title and citation. Purpose. Applicability. Exemptions. General requirements. Subdivision review procedures. Prelimiuary subdivision plat. Improvement plans. Final subdivision plat. Subdivisions Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3.3.1. 3.3.2. 3.3.3. 3.3.4. 3.3.5. 3.3.6. 3.3.7. 3.3.8. 3.3.9. 3.3.10. 3.3.11. 3.3.12. Division 3~3. Site Development Plans Title and citation. Purpose. Applicability. Exemptions. Site development and site improvement plan standards. Conceptual site development plan review and approval. Site development plan review (SDP) procedures. Site improvement plan review. Amendments. Site development plan time limits. Violations. Electronic data requirements. Sec. 3.4.1. Sec. 3.4.2. Sec. 3.4.3. Sec. 3.4.4. Sec. 3.4.5. Sec. 3.4.6. Sec. 3.4.7. Sec. 3.4.8. Sec. 3.4.9. Sec. 3.4.10. Sec. 3.4.11. Supp. No. 12 Division 3.4. Explosives Title and citation. Purpose. Applicability; permit required. Exemptions from permit requirements. Permit application requirements and conditions. Obligation of user to utilities. Permit application review procedures. Issuance of permit; prohibitions. Limitations and conditions. Issuance. Fees. LDC3:I COLLIER COUNTY LAND DEVELOPMENT CODE Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3.4.12. 3.4.13. 3.4.14. 3.4.15. 3.4.16. 3.4.17. 3.4.18. Information and requirements during and subsequent to geophysical seismic blasting. Restrictions for the use and handling of explosives. Sale or disposal; inventory; thei~ or illegal use. Revocation and/or suspension of permit. Authority vested in the development services director. Penalties. Previously issued permits. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3.5.1. 3.5.2. 3.5.3. 3.5.4. 3.5.5. 3.5.6. 3.5.7. 3.5.8. 3.5.9. 3.5.10. 3.5.11. 3.5.12. 3.5.13. 3.5.14. Division 3.5. Excavation Title and citation. Purpose. Applicability; permit required. Exemptions. Excavation review procedures. Application requirements for excavation permits. Construction requirements for the construction of excavations. Inspection and reporting requirements. Fees. Performance guarantee requirements. Appeals. Penalties and enforcement. Severability. Compliance with state and federal permits. Sec. Sec. Sec. Sec. Sec. Sec. 3.6.1. 3.6.2. 3.6.3. 3.6.4. 3.6.5. 3.6.6. 3.6.7. 3.6.8. Division 3.6. Well Construction Title and citation. Applicability. Regulation of wells. Construction, repair and abandonment standards. Contractor licensing and equipment registration. Administration. Penalties. Sec. Sec. 3.7.1. 3.7.2. 3.7.3. Division 3.7. Soil Erosion Control Title and citation. Purpose. Soil erosion and sediment control plan required. Sec. 3.8.1. Sec. 3.8.2. Sec. 3.8.3. Sec. 3.8.4. Sec. 3.8.5. Supp. No. 12 Division 3.8. Environmental Impact Statements (EIS) Title and citation. Purpose. Applicability; environmental impact statement (EIS) required. Submi.~sion and review of EIS. Information required for application. LDC3:2 APB Z 200,2 DEVELOPMENT REQUIREMENTS Sec. 3.8.6. Sec. 3.8.7. Sec. 3.8.8. Sec. 3.8.9. Sec. 3.8.10. Sec. 3.8.11. Specifics to address. Additional data. Relation between EIS and development of regional impact (DRI). Exemptions. Fees. Appeals. Division 3.9. Sec. 3.9.1. Sec. 3.9.2. Sec. 3.9.3. Sec. 3.9.4. Sec. 3.9.5. Sec. 3.9.6. Sec. 3.9.7. Sec. 3.9.8. Vegetation Removal, Protection and Preservation Title and citation. Purpose. Applicability: nnlawful to remove or otherwise destroy vegetation. Application requirements. Vegetation removal, protection and preservation standards. Review procedures. Appeal from enforcement. Suspension of permit requirement. Sec. 3.10.1. Sec. 3.10.2. Sec. 3.10.3. Sec. 3.10.4. Sec. 3.10.5. Sec. 3.10.6. Sec. 3.10.7. Sec. 3.10.8. Sec. 3.10.9. Sec. 3.10.10. Division 3.10. Sea Turtle Protection Title and citation. Purpose. New development. Existing development. Publicly owned lighting. Unlawful to kill, molest, or injure sea turtles. Construction during nesting season. Reserved. Permits and fees. Penalties for violation: resort to other remedies. Division 3.11. Endangered, Threatened or Listed Species Protection Sec. 3.11.1. Title and citation. Sec. 3.11.2. Purpose. Sec. 3.11.3. New and existing development. Sec. 3.11.4. Penalties for violation: resort to other remedies. Sec. 3.12.1. Sec. 3.12.2. Sec. 3.12.3. Sec. 3.12.4. Sec. 3.12.5. Sec. 3.12.6. Sec. 3.12.7. Sec. 3.12.8. Sec. 3.12.9. Supp. No. 12 Division 3.12. Coastal Zone Management Title and citation. Purpose. New and existing development. Applicability. Development standards and regulations. Undeveloped coastal barriers. Permits required. Undeveloped coastal barriers. Exemptions. LDC3:3 APR COLLIER COUNTY LAND DEVELOPMENT CODE Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3.13.1. 3.13.2. 3.13.3. 3.13.4. 3.13.5. 3.13.6. 3.13.7. 3.13.8. 3.13.9. 3.14.1. 3.14.2. 3.14.3. 3.14.4. 3.14.5. 3.14.6. 3.14.7. Sec. 3.15.1. Sec. 3.15.2. Sec. 3.15.3. Sec. 3.15.4. Sec. 3.15.5. Sec. 3.15.6. Sec. 3.15.7. Sec. 3.15.8. Division 3.13. Coastal Construction Setback Line Variance Title and citation. Establishment of setback lines. Review and change of setback lines. Prohibited activities seaward of setback lines. Variances. Procedures for obtaining variance. Exemptions. Penalty and civil remedies. Severance. Division 3.14. Vehicle on the Beach Regulations Title and citation. Unlawful to drive on sand dunes or beach or to disturb sand dune. Exceptions; permit. Permit for construction. Beach raking and mechanical beach cleaning. Operation of vehicles on the beach during marine turtle nesting season. Penalties. Division 3.15. Adequate Public Facilities Short rifle, authority and applicability. Intent and purpose. Definitions. Rules of construction. Establishment of management and monitoring program and regulatory pro- gram: the annual update and inventory report (AUIR), CIE amendments, and ~nnUal budget. Management and monitoring program. Regulatory program: review of development to ensure adequate public facili- ties are available. Liberal construction, severability, and penal provision. [Sec. 3.16.1. Sec. 3.16.2. Sec. 3.16.3. Sec. 3.16.4. Sec. 3.16.5. Sec. 3.16.6. Sec. 3.16.7. Sec. 3.16.8. Sec. 3.16.9. Sec. 3.16.10. Sec. 3.16.11. Sec. 3.16.12. Supp. No. 12 Division 3.16. Groundwater Protection General provisions.] Applicability. Exempted development. Regulated development. Countywide groundwater protection standards. Approval of regulated development and certificates to operate. Wellfield conditional use permit. Modifcation of regulated development, revision or revocation ora certificate to operate, or a wellfield conditional use permit. Restrictions on issuance of approved site plans and certificates of occupancy. Appeals and public hearings. Future wells and wellfields. De~nltions and rules of construction. LDC3:4 DEVELOPMENT REQUIREMENTS Sec. 3.16.13. Sec. 3.16.14. Sec. 3.16.15. [Sec. 3.16.16. Sec. 3.16.17. Fees and administrative surcharge. Administrative procedures. Violations, penalties and remedies. Reserved.] Liberal construction and severability. Appendi~ .~ Wellfield Protection Zone Maps Division 3.17. Post-Disaster Recovery and Reconstruction Management Sec. 3.17.1. Sec. 3.17.2. Sec. 3.17.3. Sec. 3.17.4. Sec. 3.17.5. Sec. 3.17.6. Sec. 3.17.7. Sec. 3.17.8. Sec. Sec. Sec. 3.17.9. 3.17.10. 3.17.11. 3.17.12. Purpose and intent. Jurisdiction. Definitions. Recovery task force. Post-disaster redevelopment priorities. Essential service and facility restoration priorities. Post-disaster debris clearance and disposal s~rategies. Determination of damage, buildback policy, moratoria, emergency repairs, emergency perraitting system and emergency review board. Economic redevelopment policies. Guidelines for acquiring damaged property. Authority. Penalties. Supp. No. 12 LDC3:4.1 APR 2 2002 Article 4 IMPACT FEES Division 4.1. Road Impact Fees Division 4.2. Park and Recreational Impact Fees Division 4.3. Library System Impact Fees Division 4.4. Regional Water System Impact Fee Division 4.5. Regional Sewer System Impact Fee Division 4.6. Emergency Medical Service System Impact Fee Division 4.7. Educational Facilities System Impact Fee LDC4:1 COLLIER COUNTY LAND DEVELOPMENT CODE Division 5.6. Reserved Sec. 5.7.1. Sec. 5.7.2. Division 5.9. Sec. 5.9.1. Sec. 5.9.2. Division 5.7. County Manager Creation and appointment. Jurisdiction, authority and duties. Division 5.8. Reserved Community Development and Environmental Services Division Creation and appointment of the community development and environmental services administrator. Jurisdiction, authority and duties. Division 5.10. Reserved Division 5.11. Reserved Sec. 5.13.1. Sec. 5.13.2. Sec. 5.13.3. Sec. 5.13.4. Sec. 5.13.5. Sec. 5.13.6. Sec. 5.13.7. Sec. 5.13.8. Sec. 5.13.9. Sec. 5.14.1. Sec. 5.14.2. Sec. 5.14.3. Sec. 5.14.4. Sec. 5.14.5. Division 5.12. Reserved Division 5.13. Environmental Advisory Council Establishment of the environmental advisory council. Authority, functions, powers and duties. Membership. Officers and support staff. Meetings, quorum and rules of procedure. Scope of land development project reviews. Appeal. Reimbursement of expenses. Review process. Division 5.14. Historic/Archaeological Preservation Board Creation. Power, authority and jurisdiction. Membership. Organization. Powers and duties. Supp. No. 9 LDC5:2 ,APR 2 2002 Article 5 DECISION-MAKING AND ADMINISTRATIVE BODIES Sec. 5.1.1. Division 5.1. Board of County Commissioners Powers and d. uties. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 5.2.1. 5.2.2. 5.2.3. 5.2.4. 5.2.5. 5.2.6. 5.2.7. 5.2.8. 5.2.9. 5.2.10. 5.2.11. 5.3.1. 5.3.2. 5.3.3. 5.3.4. 5.3.5. 5.3.6. 5.3.7. 5.3.8. 5.3.9. 5.3.10. Division 5~2. Planning Commission Establishment and purpose. Powers and duties. Commission membership. Terms of office. Removal from office; failure to attend meetings. Officers; quorum; rules of procedure. Compensation. Location of meetings. Staff. Meetings. Appeals. Division 5.3. Board of Zoning Appeals Establishment and purpose. Powers and duties. Board membership. Terms of office, removal and vacancies. Officers, employees and expenses. Appropriations, fees and other income. Staff. Quorum and voting. Meetings. Operating procedures. Sec. 5.4.1. Sec. 5.4.2. Sec. 5.4.3. Sec. 5.4.4. Sec. 5.4.5. Sec. 5.4.6. Sec. 5.4.7. Sec. 5.4.8. Sec. 5.4.9. Supp. No. 9 Division 5.4. Building Board of Adjustments and Appeals Establishment and purpose. Powers and duties. Building board of adjustments and appeals membership. Quorum. Records. General procedure. Standard appeal procedure; time limit; fee. Interlocal agreement appeal procedure. Decisions of the building board of adjustments and appeals. Division 5.5. Reserved LDC5:i Article 6 DEFINITIONS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 6.1.1. 6.1.2. 6.1.3. 6.1.4. 6.1.5. 6.1.6. 6.1.7. 6.1.8. 6.1.9. 6.1.10. 6.1.11. 6.1.12. 6.1.13. 6.1.14. Division 6.1. Rules of Construction Generally. Text. Computation of time. Day. Delegation of authority. Gender. Month. Nontechnical and technical words. Number. Shall, may. Tense. Week. Written or in writing. Year. Division 6.2. Abbreviations Division 6.3. Definitions LDC6:1 APR _~ ~ ~002 I