Ordinance 2003-27ORDINANCE NO. 03- 27
AN ORDINANCE OF TIlE BOARD OF COUNTY COMMISSIONE1
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
91-102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
ARTICLE 1, DIVISION 1.8, NONCONFORMITIES; DIVISION 1.18,
LAWS INCORPORATED BY REFERENCE; ARTICLE 2, DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
INCLUDING REVISIONS TO THE RURAL AGRICULTURAL, ESTATES
AND RESIDENTIAL ZONING DISTRICTS iLIST OF PERMITTED AND
CONDITIONAL USES, INCLUDING REVISIONS TO THE SANTA
BARBARA OVERLAY DISTRICT RELATED TO SIDEWALKS,
INCLUDING REVISIONS AND ADDITIONS TO THE iBAYSHORE
MIXED USE OVERLAY DISTRICT, INCLUDING CREATION OF A
STEWARDSHIP OVERLAY DISTRICT AND DESIGNATION
PROCEDURES FOR STEWARDSHIP SENDING AND RECEIVING
AREAS; DIVISION 2.3, OFF-STREET PARKING AND LOADING;
DIVISION 2.4, LANDSCAPING AND BUFFERING; .DIVISION 2.5,
SIGNS, TO REVISE PROVISIONS RELATED TO ILLUMINATED
SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS;
DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES;
ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE
DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.9,
VEGETATION REMOVAL, PROTECTION AND PRESERVATION;
DIVISION 3.14, VEIlICLE ON TilE BEACI! REGULATIONS; ARTICLE
5, DIVISION 5.4, BUILDING BOARD OF ADJUSTMENTS & APPEALS;
AND ARTICLE 6, DIVISION 6.3, DEFINITIONS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
additional amendment cycles are approved by the Collier County Board of County Commissioners
pursuant to Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2003;
and r- r~ ~
~~AS, on March 18, 1997, the Board of County Commissioners adopte~}Res~tioh~7-177
establishing local requirements and procedures for amending the LDC; and ,:: o~ ~;
~~AS, all requirements of Resolution 97-177 have been met; and r-m~: ::;::
~REAS, the Board of County Commissioners, in a manner prescribed by l~id ~ld adve~ised
public hearings on May 21, 2003, and June 16, 2003, and did take action concerning these amendments
to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,
Florida, that:
SECTION ONE:
RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO:
FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following findings
of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as
required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion
thereof, and any land development regulations existing at the time of adoption which are not consistent
with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be
consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all
actions taken in regard to development orders by, governmental agencies in regard to land covered by
such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive
Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a
local government shall be consistent with the Comprehensive Plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are compatible with, and further the
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objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other
criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of
land, water and resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within the total
unincorporated are of Collier County and it is intended that this Land Development Code preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience,
and general welfare of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of transportation, water,
sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve,
develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect
human, environmental, social, and economic resources; and maintain through orderly growth and
development, the character and stability of present and future land uses and development in Collier
County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan,
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO TIlE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 1.8. NONCONFORMIES
Division 1.8. Nonconforming Lots of Record, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 1.8. NONCONFORMING LOTS OF RECORD
Sec. 1.8.2 Nonconforming Lots of Record.
C. When two or more adjacent legal nonconforming lots of record are either combined under a single
folio or parcel number for taxing purposes by the property appraiser's office or combined as a single
parcel by recording the previously separate non-conforming lots into one legal description, neither or
both of these actions will prohibit the owner or future owners from subsequently splitting the parcel into
two or more folio or parcel numbers for tax purposes, or severing the parcels into their former legal
descriptibns as legal non-conforming lots of record according to the original legal description(s) at the
time the property was recognized as legal nonconforming. Prior to any two or more adjacent, legal non-
conforming lots being combined for development a legally binding document must be recorded to reflect
a single parcel with a unified legal description. Once such a document has been recorded to amend the
legal description and a development permit has been approved by the County for development as that
unified parcel, the property can not be split or subdivided except as may then be allowed by this code.
SUBSECTION 3.B. AMiENDMENTS TO DIVISION 1.18
Division 1.18, Laws Incorporated herein by reference, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 1.18 LAWS INCORPORATED HEREIN BY REFERENCE
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Collier County ordinances and laws, as amended or superseded, are hereby incorporated into this
Code by reference as if fully set forth and recited herein. Repeal or amendment of these ordinances, or
adoption of successor ordinances, shall not be subject to procedures otherwise required for adoption of
amendments to this Code, except as otherwise required by general law.
DIVISION 1.18. LAWS INCORPORATED HEREIN BY REFERENCE
The following Collier County ordinances and la~vs, as mncnded or superseded, are hereby incorporated into
this Code by reference as if fully set forth and recited herein. Repeal or amendment of these ordinances, or
adoption of successor ordinances, shall not be subject to procedures otherwise required for adoption of
amendments to this Code, except as othcnvise required by general law.
Subject Ordinance Number
Building Construction Administrative Code 91 5,5 2002-01 [Code of Laws Ch. 22, Art.. 11]
1988 Code, wit~ 89 an~90d~4s4ot~
Florida Building Code 2001, including the following
technical codes:
Plumbing
Mechanical
Fuel Gas
0 1 KQ
2002-01 ]Code of Laws §§ 22-106, 22-107]
Standard Plumbing Code 91 59 [Code §§ 22-106, 22-108]
1988 r~^,~
St .......Mechanical Code ~ [Code {~ 22-106, 22-1091
Standard Gas Code 91 51 lCode ~{ 22-106, 22-110]
Standard Swimming Pool Code 87 21 [Code ch. 22, a~. IV, div. 3]
9~ [Code ch. 22, a~. IV, div. 2]
Thc National Electrical Code E~tition: 1990 NFPA 70
1999
National ";-e. D.^,~,;~- F~TII:'D A '~
Florida Fire Prevention Code
Chapter 4A-60, Florida Administrative Code
National Fire Protection Association (NFPA) 1
With modification by Ch. 4A-60.003 FAC
National Fire Protection Association (NFPA) 101
With modification by Ch. 4A-60.004 FAC
Publications added to NFPA I and NFPA 101 by 4A-
60.005
Local Amendments Ord# 2002-49
Floodplain
86-54
2002-49 [Code of Laws Ch. 58, Art.. II]
86-28 [Code ch. 62, art. II]
87-80
90-31
Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX]
2002-1
Utility Standards
Public Right-of-Way Standards
88-76 [Code ch. 134, art. III]
89-23
89-32
2001-57
82-91
89-26
93-64
[Code ch. 110, art. 11]
Seawall Construction 85-2 [Code ch. 22, art. IX]
85-26
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86-5
Water Policy
74-50 [Code ch. 90, art. II]
90-10
2001-27
Collier County Streetscape Master Plan (CCSMP) 97-25
SUBSECTION 3.C
AMENDMENTS TO
PERMITTED USES,
STANDARDS
DIVISION 2.2.,
CONDITIONAL
ZONING DISTRICTS,
USES, DIMENSIONAL
DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to
read as follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.2 Rural agricultural district (A).
2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural
district (A), subject to the standards and procedures established in division 2.7.4.
27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but not limited to, LDC 2.6.33.4. as it may be amended.
Sec. 2.2.3 Estates district (E)
2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district
(E), subject to the standards and procedures established in division 2.7.4:
9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but not limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.4. Residential single-family districts (RSF).
2.2.4.3. Conditional uses. The following uses are permissible as conditional uses in the residential
single-family districts (RSF), subject to the standards and procedures established in division 2.7.4.
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.......... ~ ..... deleted, words underlined are added
include but not limited to, LDC 2.6.33.4. as it may be amended.
v~ va v~ 8 v~
Section 2.2.5. Resideutial multiple-family-6 district (RMF-6).
Model homes and model sales centers, subject to compliance with all other LDC requirements, to
2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF~6 district,
subject to the standards and procedures established in division 2.7.4:
9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but not limited to, LDC 2.6.33.4. as it may be amended
Section 2.2.6. Residential multiple-family-12 district (~F-12).
2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential
multiple-flmily-12 district (~F-12), subject to the standards and procedures established in division
2.7.4.
7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but not limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.7. Residential multiple-family-16 district (RMF-16).
2.2.7.3.Conditional uses. The following uses are permissible as conditional uses in the residential
multiple-flmily-16 district (RMF-16), subject to the standards and procedures established in division
2.7.4:
7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include Cut not limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.8. Residential Tourist district (RT).
2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist
district (RT), subject to the standards and procedures established in division 2.7.4:
8. Model homes and model sales centers, subject to compliance with all other LDC r~quirements, to
include but not limited to, LDC 2.6.33.4. as it may be amended.
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2.2.8.4.5. Maximum density permitted. For properties located within an activity center or if the RT
zoning was in existence at the time of adoption of this Code: A ma~huum of 26 units per acre for hotels
and motels, and 16 units per acre for timeshares and multifamily uses when located within an aetivity
~"' .... if the ~,'r ~^.' ' ' ~ "~ +; .... dopfi
....... t~,,~s-m-~ex+s4em~,, at .......... of a on of '~ 'o
........... uo Code. For properties located
outside an activity center or if the RT zoning was not in existence at the time of adoption of this Code:
Density shall be determined through application of the density rating system as set fo~h in the gro~h
management .... olan, u~ to a maximum of 16 units per acre. ~=~, · ,,~- ~,~'~ ~s~'" '~ ~n~, ~,~*;";', ,~j ..... ~.,~.*~, excc~
~o e ............ , ........o,.y o,,~ ..... . ~ ....... .o per ~r~ as ~,,.,, e ~ ......... ~ .,,,~u
shall not exceed 16 units pelage The calculation of density shall be based on the land area defined by a
lot(s) of record. Any projecL which received approval at a public hearing prior to July 1, 2000~ shall not
be deemed to be nonconforming as a result of inconsistency with density limitations.
Section 2.2.9. Village Residential district (VR).
2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village
residential district (VR), subject to the standards and procedures established in division 2.7.4:
10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but not limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.10. Mobile home district (Mtl).
2.2.10.3. Conditional uses. The following uses are permissible as conditional uses in the mobile home
district (MH), subject to the standards and procedures established in division 2.7.4:
6. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but not limited to, LDC 2.6.33.4. as it may be amended
Sec. 2.2.27. RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY
DISTRICT REGULATIONS
2.2.27.1 Purpose and Intent. The purpose of this section (the RLSA District Regulations) is to
create a Rural Lands Stewardship Area Zoning Overlay District (RLSA District) to implement the
incentive based Collier County Rural Lands Stewardship Area Overlay (RLSA Overlay) established
within the County's Growth Management Plan (GMP). It is the intent of the RLSA District and the
RLSA District Regulations to protect natural resources and retain viable agriculture by promoting
compact rural mixed-use development as an alternative to low-density single use development, and to
provide a system of compensation to private property owners for the elimination of certain land uses in
order to protect natural resources and viable agriculture in exchange for transferable credits that can be
used to entitle such compact development.
2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall have the
following meanings:
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1. Baseline Standards - Baseline Standards are the allowable uses, density, intensity and other land
development regulations assigned to land within the RLSA District by the GMP, Collier Cotinty Land
Development Regulations and Collier County Zoning Regulations in effect prior to July 25, 2000, and
subject to the further provisions of Section 2.2.27.8.
2. Compact Rural Development (CRD) - Compact Rural Developments are a form of SRA that
provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with
the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent
residential housing and the services and facilities that support permanent residents. An example ora CRD
without permanent residential housing is an ecotourism village that would have a unique set of uses and
support services different from a traditional residential village. It would contain tra. nsient lodging
facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary
to support permanent residents.
3. Designation - Application of the SSA or SRA concepts through a formal application, review, and
approval process as described in the RLSA District Regulations.
4. FSA - Flow way Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map,
which primarily include privately owned wetlands that are located within the Camp Keais Strand and
Okaloacoochee Slou~h. FSAs form the primary wetland flow way systems in the RLSA District.
5. Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single-
family housing and a limited range of convenience-oriented services. Hamlets serve as a more compact
alternative to traditional five-acre lot rural subdivisions currently allowed in the Baseline Standards.
6. HSA - Habitat Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map,
which include both areas with natural characteristics that make them suitable habitat tbr listed _species
and areas without these characteristics. These latter areas are included because they are located
contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can
augment habitat values.
7. Land Use - Land Cover Indices - One of the indices comprising the Natural Resource Index Value
of land, with values assigned based upon land use and land cover characteristics as mapped using the
Florida Land Use, Cover, and Forms Classification System (FLUCCS) (Florida Department of
Transportation 1999). For purposes of assigning values, land use and land cover codes are grouped as
follows: Group I (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321,411,
4119, 425,434, 439, 428); Group 3 (211,212, 213,214, 221,222, 241,242, 243, 250, 260, 261,310,
329, 330, 422, 510, 521,523,533, 534); and Group 4 (all others).
8. Land Use Layer (Layer) - Permitted and conditional land uses within the Baseline Standards that
are of a similar type or intensity and that are grouped together in the same column on the Land Use
Matrix.
9. Land Use Matrix (Matrix) - The tabulation of the permitted and conditional land uses within the
Baseline Standards set forth in Section 2.2.27.9B.4, with each Land Use Layer displayed as a single
column.
10. Listed Species Habitat Indices - One of the indices comprising the Natural Resource Index Value,
with values assigned based upon the habitat value of the land for listed species. Index values are based
on documentation of occupied habitat as established by the intersect of documented and verifiable
observations of listed species with land cover identified as preferred or tolerated habitat for that species.
Land mapped, using FLUCCS, as 310, 321, 411, 425, 428, 434, 617, 6172, 621, 6218, 6219, 624, and
630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for
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these indices. An intersection of at least one data point establishing the presence of a listed species
within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species
shall result in the entire polygon being scored as occupied habitat.
11. Natural Resource Index (Index) - A measurement system that establishes the relative natural
resource value of each acre of land by objectively measuring six different characteristics of land and
assigning an index factor based on each characteristic. The sum of these six factors is the Index value for
the land. The six characteristics measured are: Stewardship Overlay Delineation, Proximity, Listed
Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land Cover.
12. Natural Resource Index Map Series (Index Maps) - The Rural Lands Study Area Natural
Resource Index Map Series adopted as part of the FLUE.
13. Natural Resource Index Value (Index Value) - The sum of the values assigned to each acre,
derived through the calculation of the values assigned to each of the six characteristics included in the
Index.
14. Open Space - Open space includes active and passive recreational areas such as parks, playgrounds,
ball fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves,
landscape areas, public and private conservation lands, agricultural areas (not including structures), and
water retention and management areas. Buildings shall not be counted as part of any open space
calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading
areas shall not be counted as part of any open space calculation.
15. Post Secondary_ Institution Ancillary Uses - Any use or facility owned by a public or private post
secondary institution that is of a type commonly found on public or private post secondary institution
campuses.
16. Proximity Indices - One of the indices comprising the Natural Resource Index Value of land, 'with
values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as
FSA, HSA, or WRA and to either public or p,'ivate preserve lands. No additional value shall be added
under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve.
17. Restoration Potential Indices - One of the indices comprising the Natural Resource Index Value of
land, with values assigned based both upon the potential for restoration and the historic use or character
of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other
listed species habitat.
18. Restoration Zone- Privately owned lands delineated on the RLSA Overlay Map that are located
within 500 feet of an FSA, but are not otherwise included in an HSA or WRA.
19. RLSA District - Rural Lands Stewardship Area Zoning Overlay District - The area generally
depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the
Rural La~nds Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of
the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida
Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural
lands in northeast Collier County lying north and east of Golden Gate Estates, noah of the Florida
Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and
south and west of the Hendr¥ County Line.
20. RLSA Overlay Map - The map entitled "Collier County Rural & Agricultural Area Assessment
Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, Restoration
Zone, and Open.
21. RLSA District Regulations - Collier County Land Development Code Section 2.2.27.
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........... ~,, are deleted, words underlined arc added
22. Soils/Surface Water Indices - One of the indices comprising the Natural Resource Index Value of
land, with values assigned based upon soil types classified using the following Natural Soils Landscape
Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand
Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP
Categories 8, 9, and 11).
23. SRA - Stewardship Receiving Area - A designated area within the RLSA District that has been
approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of
Stewardship Credits.
24. SSA - Stewardship Sending Area - A designated area within the RLSA District that has been
approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land
Use Layers.
25. Stewardship Credit (Credit) - A transferable unit of measure generated by an SSA and consumed
by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land
as provided in Section 2.2.27.10.B2.
26. Stewardship Credit Database - A database maintained by the County that keeps track of all of the
credit transactions (generation of Credits through SSA designation and the consumption of credits
through SRA designation) approved by the County.
27. Stewardship Credit System - A system that creates incentives to protect and preserve natural
resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms
of rural development. The greater the value of the natural resources being preserved and the higher the
degree of preservation, the greater the number of credits that can be generated. Credits are generated
through the designation of SSAs and consumed through the designation of SRAs.
28. Stewardship Credit Worksheet - An analytical tool that manually describes the Stewardship Credit
calculation process including the Natural Resource Index and Land Use Laver components. The
worksheet can be used to document proposed changes to the Index component during the SSA and SRA
designation processes.
29. Stewardship Overlay Designation - One of the indices comprising the Natural Resource Index
Value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as
FSA, HSA, WRA, or ACSC, or, where Land Use Layers 1 through 3 are removed, Restoration Zone.
Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation
with the higher value but shall not receive value for both designations.
30. Town - Towns are a form of SRA and are the largest and most diverse form of SRA, with a full
range of housing types and mix of uses. Towns have urban level services and infrastructure which
support development that is compact, mixed use, human scale, and provides a balance of land uses to
reduce automobile trips and increase livability. Towns are comprised of several Villages and/or
neighborhoods that have individual identity and character.
31. Village - Villages are a form of SRA and are primarily residential communities with a diversity of
housing types and mix of uses appropriate to the scale and character of the particular village. Villages
are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the
focal point for the community's support services and facilities.
32. WRA - Water Retention Area - Privately owned lands delineated on the RLSA Overlay Map, that
have been permitted by the South Florida Water Management District to function as agricultural water
retention areas and that provide surface water quality and other natural resource value.
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2.2.27.3 Establishment of RLSA Zoning Overlay District. In order to hnplement the RLSA District
Regulations, an RLSA District, to be designated as "RLSAO' on the Official Zoning Atlas, is hereby
established.
A. The lands included in the RLSA District and to which the RLSA District Regulations apply are
depicted by the following map:
Page 11 of 70
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[INSERT MAP]
Rural Lands Stewardship Area (RLSA) Zoning Overlay District
R 28 E R 29 E R 30 E
HENDRY COUNTY
LLI
J
iMMO ALEE]
T
Z
0
N
0 1 2
R
I - 75
LEGEND
RURAL LANDS
STEWARDSHIP AREA
OVERLAY
28 E I R 29 E R 30
E
Page 12 of 70
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B. Within the RLSA District, additional lands may be designated to implement the Stewardship_
Credit System as follows:
1. Establishment of SSA Designations. An RLSA District classification to be known as SSAs, and
to be designated on the official zoning atlas by the symbol "A-RLSAO-SSA", is hereby
established. This overlay district classification will be used for those lands within the RLSA
District that are designated by the Board of County Commissioners (BCC) as SSAs. The
placement of this designation shall be governed by the procedures as prescribed in the RLSA
District Regulations.
2. Establishment of SRA Designations. An RLSA District classification to be known as SRAs,
and to be designated on the official zoning atlas by the symbol "A-RLSAO-SRA", is hereby
established. This overlay district classification will be used for those lands within the RLSA
District that are designated by the BCC as SRAs. The placement of this designation shall be
governed by the procedures as prescribed in the RLSA District Regulations. .
2.2.27.4. Establishment of Land Uses Allowed in the RLSA District. Land uses allowed within the RLSA
District are of two types: those allowed in the Baseline Standards prior to designation of SSAs and SPAs,
and; those uses provided for in SSAs and SRAs after designation. The underlying land uses allowed
within the RLSA District are included in the Baseline Standards. Upon designation of SSAs and SRAs
pursuant to the RLSA District Regulations, the land uses allowed shall be as provided in Sections
2.2.27.9.B.4. and 2.2.27.10.J. 1., respectively.
2.2.27.5. Establishment of a Stewardship Credit Database. As part of the initial implementation of the
RLSA Overlay, the Community Development and Environmental Services Administrator (Administrato0
shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and
consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an
electronic form that can be linked to the RLSA Overlay Map and can readily produce reports that will
afford convenient access to the data by the public. The database shall be updated upon approval of an
SSA or SRA Designation Application and Credit Agreement.
2.2.27.6. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the
RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the
County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold
Credits until such time as they are sold, transferred or otherwise used to implement uses within SPAs.
Nothing herein shall preclude the County from permanently "retiring" those credits received or held.
2.2.27.7. General. Except as provided in Subsections 2.2.27.8.E., F. and G., there shall be no change to the
underlying density and intensity of permitted uses of land within the RLSA District, as set forth in the
Baseline Standards, until a property owner elects to utilize the provisions of the Stewardship Credit
System pursuant to the provisions of Section 2.2.27.9.B. No part of the Stewardship Credit System shall
be imposed upon a property owner without that owner's written consent. It is the intent of the RLSA
District Regulations that a property owner will be compensated consistent with Policy 3.8 of the RLSA
Overlay for the voluntary stewardship and protection of important agricultural and natural resources. The
Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship
Credits. ,,
A. Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be created from any
lands within the RLSA District from which one or more Land Use Layers are removed. These lands
will be identified as SSAs. All privately owned lands within the RLSA District are candidates for
designation as an SSA. Land becomes designated as an SSA upon petition by the property owner
seeking such designation as outlined herein. A Stewardship Agreement shall be developed that
identifies those land uses, which have been removed. Once land is designated as an SSA and Credits
or other compensation is granted to the owner, no increase in density or additional uses that are not
expressly identified in the Stewardship Agreement shall be allowed on such property.
B. Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the
RLSA District that meet the defined suitability criteria and stan. dards set forth in Section
2.2.27.10.A.1. and that have been designated as SRAs. The procedures for the establishment and
transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged
for additional residential or non-residential entitlements in an SRA on a per acre basis. SRA density
and intensity will thereafter differ from the Baseline Standards.
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Ce
Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be
allocated to one or more SRAs, and an SRA may receive Stewardship Credits generated from one or
more SSAs.
D. Five Year Comprehensive Review.
Many of the tools, techniques, and strategies of the RLSA Overlay are new, innovative, and
incentive-based and have yet to be tested in actual implementation. Consequently, by June 2008 and
at such subsequent times as deemed appropriate by the BCC, the County shall prepare and submit to
DCA for review a comprehensive analysis of the RLSA Overlay to assess the participation and
effectiveness of the RLSA Overlay implementation in meeting the Goals, Objectives, and Policies of
the RLSA Overlay by utilizing the measures of review delineated in Policy 1.22. The County shall
encourage public participation in the review process through publicly noticed workshops and
meetings and through the solicitation of public input.
Subsequent to the June 2008 review, the RLSA Overlay and RLSA District Regulations may be
amended in response to the County's assessment and evaluation of the participation in and
effectiveness of the Stewardship Credit System.
The value, exchange rate, and use of Stewardship Credits shall be governed by the RSLA Overlay
and RLSA District Regulations in effect at the time the SSA from which those credits are generated
is approved. The Restoration Stewardship Credits shall be governed by the RSLA Overlay and
RLSA District Regulations in effect at the time that such Restoration Stewardship Credits are
authorized by the BCC.
2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation. All lands within the RLSA
District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA,
lands within the RLSA District shall remain subject to the Baseline Standards.
A. Private Lands Delineated FSAs, HSAs, and WRAs. Lands delineated FSA, HSA, or WRA on the
RLSA Overlay Map have been identified through data and analysis as having a higher quality natural
resource value than those lands not delineated Although any land within the RLSA District can be
designated as an SSA, generally those lands delineated FSAs, HSAs, and WRAs are the most likely
candidates for designation because of the higher credit values applied to lands with those
delineations.
B. Private Lands Delineated as Open. Lands not otherwise classified as FSA, HSA, or WRA are
delineated as "Open" on the RLSA Overlay Map and are generally of a lower natural resource
quality. Open lands may be designated as either SSAs or SRAs.
C. Area of Critical State Concern {ACSC). The RLSA District includes lands that are within the
ACSC. Those ACSC lands are depicted on the RLSA Overlay Map and are eligible for designation
as SRAs, subject to additional standards set forth in 2.2.27.10.A.2. Ali ACSC regulations continue to
apply to ACSC lands within the RLSA District regardless of designation.
D. Public or Private Conservation Lands. Those lands within the RLSA District that are held in
public ownership or in private ownership as conservation lands may be delineated on the RLSA
Overlay Map as FSA, HSA, or WRA but are not eligible for designation as either an SSA or SRA.
E. Baseline Standards. The Baseline Standards shall apply until lands within the RLSA District are
voluntarily designated as an SSA or SRA and shall remain in effect for all land not subject to the
transfer or receipt of Stewardship Credits.
F. No Increase in Density or Intensity (in excess of the Baseline Standards). No increase in density
or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas
designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of
the Stewardship Credit System and, where applicable, through the Affordable Housing Density Bonus
as referenced in the Density Rating System of the FLUE, and the density and intensity blending;
provision of the Immokalee Area Master Plan.
G. Lands Within the RLSA District Not Designated SSA or SRA Subiect to Special Environmental
Standards. In order to protect water quality and quantity and maintenance of the natural water
regime in areas mapped as FSAs on the RLSA Overlay Map prior to the time that they are designated
as SSAs under the Stewardship Credit Program, Residential Uses, General Conditional Uses, Earth
Mining and Processing Uses, and Recreational Uses (Layers 1-4) as listed in Section 2.2.27.9.B.4.a.
shall not be permitted in FSAs within the RLSA District. Conditional use essential services and
governmental essential services, except those necessary to serve permitted uses or for public safety,
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shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. In
order to protect water quality and quantity and maintenance of the natural water regime and to protect
listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the
RLSA Overlay Map that are not within the ACSC, the use of such land for a non-agricultural purpose
under the Baseline Standards shall be subject to environmental regulations implementing Policies 5. i
through 5.6 of the RLSA Overlay, which regulations shall be adopted by December 13, 2003.
2.2.27.9. SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the
following regulations:
A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within
the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open,
may be designated as an SSA, including lands within the ACSC.
1. May be within an SRA Bounda~. A WRA, whether designated as an SSA or not, may be
contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an
SRA, the provisions of 2.2.27.9.A.4.b. shall apply.
2. FSA Delineated Lands.
a. In the case where lands delineated as FSA are designated as an SSA, at a minimum,
Residential uses, General Conditional uses, Earth Mining and Processing Uses, and
Recreational Uses (layers 1-4) as listed in the Land Use Matrix shall be eliminated as
permitted land uses.
b. Conditional use essential services and governmental essential services, other than those
necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a
Natural Resource Stewardship Index value of 1.2 or less.
c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized
for oil and gas exploration and oil and gas field development, and production activities in
FSAs in order to minimize impacts to native habitatsr-when determined to be practicable.
This requirement shall be deemed satisfied upon issuance of a state permit requiring
compliance with the criteria established in Chapter 62C-30, F.A.C., regardless of whether the
FSA in which oil and gas exploration and oil and gas field development and production
activities is within the Big Cypress Swamp. Nothing contained herein alters the requirement
to obtain conditional use permits for oil and gas field development and production activities.
d. The elimination of the Earth Mining layer (Layer 3) shall not preclude the excavation of lakes
or other water bodies if such use is an integral part of a restoration or mitigation program
within an FSA.
e. Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5)
or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture
Group 1 shall be allowed beyond those land uses in existence or allowed by applicable
permits as of the date that the SSA designation is approved.
HSA Delineated Lands.
a. In the case where lands delineated as HSA are designated as an SSA, at a minimum,
Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated.
b. General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be
allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less.
c. In addition to the requirements imposed in the LDC for approval of a Conditional Use, uses
listed in b. above will only be approved upon submittal of an EIS which demonstrates that
clearing of native vegetation has been minimized, the use will not significantly and adversely
impact listed species and their habitats and the use will not significantly and adversely impact
aquifers. This demonstration shall be made by establishing the following:
(1) Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel.
(2) Priority shall be given to utilizing contiguous areas of previously cleared land before
native vegetated areas.
(3) Buffering to Conservation Land shall comply with Section 2.2.27.10.J.6.d.
(4) Stormwater Management design shall base water control elevations on seasonal high
water elevations of adjacent wetlands to protect wetland hydroperiods in accord with the
SFWMD Basis of Review.
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(5) The area has a Listed Species Habitat Indices Value of 0.4 or less and no state or federal
direct impact take permit is required for the use.
(6) Activities that are the subject of an approved SFWMD Environmental Resource Permit or
Consumptive Use Permit and that utilize best management practices designed to protect
groundwater from contamination from allowable land uses are deemed not to significantly
and adversely impact aquifers.
d. As an alternative to the submittal of an ElS, the applicant may demonstrate that such use is an
integral part of a State or Federally approved restoration plan or mitigation program.
e. Conditional use essential services and governmental essential services, other than those
necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a
Natural Resource Stewardship Index value of 1.2 or less.
f. Asphaltic and concrete batch making plants are prohibited in all HSAs.
g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized
for oil and gas exploration and oil and gas field development, and production activities in
HSAs in order to minimize impacts to native habitats when determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state permit requiring compliance
with the criteria established in Chapter 62C-30, F.AC., regardless of whether the HSA in
which oil and gas exploration and oil and gas field development and production activities is
within the Big Cypress Swamp. Nothing contained herein alters the requirement to obtain
conditional use permits for oil and gas field development and production activities.
h. Golf Course design, construction, and operation in any HSA shall comply with the best
management practices of Audubon International's Gold Program and the Florida Department
of Environmental Protection, which standards shall be adopted by December 13, 2003.
i. Once land in an HSA is designated as an SSA, no expansion of Agriculture Group I (Layer 5)
or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture
Group 1 shall be allowed beyond those land uses in existence or allowed by applicable
permits as of the date that the SSA designation is approved.
e
WRA Delineated Lands.
a. In the case where lands delineated as WRA are designated as an SSA, at a minimum,
Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated as permitted land
uses.
b. During permitting to serve new uses within an SRA, additions and modifications to WRAs
may be required, including but not limited to changes to control elevations, discharge rates,
storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall
be allowed subject to review and approval by the SFWMD in accordance with best
management practices. Such additions and modifications to WRAs shall be designed to ensure
that there is no net loss of habitat function within the WRAs unless there is compensating
mitigation or restoration in other areas of the RLSA District that will provide comparable
habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous
to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to
that Strand or Slough.
5. Restoration Zone Delineated Lands. To further direct other uses away from and to provide
additional incentive for the protection, enhancement, and restoration of the Okaloacoochee
Slough and Camp Keais Strand, when lands within a Restoration Zone are designated as an
SSA and at least Land Use Layers 1 through 3 are eliminated as permitted uses, such
Restoration Zone shall receive a Stewardship Overlay Designation value of 0.6.
B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created
from any lands within the RLSA District from which one of or more Land Use Layers are removed
and that are designated as SSAs. Once land is designated as an SSA and Credits or other
compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in
density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on
such property. A methodology has been adopted in the GMP for the calculation of credits based
upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the
number of land use layers being eliminated.
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1. Early Entr3,- Bonus Credits. Early Entry_ Bonus Credits are hereby established to encourage the
voluntary_ designation of SSAs within the RLSA District. The bonus shall be in the form of an
additional one Stewardship Credit per acre of land designated as an SSA that is within an HSA
located outside of the ACSC and one-half Stewardship Credit per acre of land designated as an
SSA that is within an HSA located inside the ACSC.
a. The early entry_ bonus shall be available until January 30, 2009.
b. The early designation of SSAs and the resultant generation of Stewardship Credits do not
require the establishment of SRAs or otherwise require the early use of Credits.
c. Credits generated under the early entry_ bonus may be used aPter the termination of the bonus
period.
d. The maximum number of Credits that can be generated under the early entry bonus is 27,000.
e. Early Entry_ Bonus Credits shall not be transferred into or otherwise used to entitle an SRA
within the ACSC.
Credit Worksheet. The Stewardship Credit Worksheet, adopted as Attachment "A" of the
Growth Management Plan RLSA Goals, Objectives, and Policies, sets out a the mathematical
formula that shall be used to determine the number of credits available for each acre of land being
considered for an SSA.
3. Natural Resource Indices and Values. A set of Natural Resource Indices has been established
as part of the Stewardship Credit Worksheet.
a. Natural Resource Indices.
Stewardship Overlay Designation
Proximity Indices
Listed Species Habitat Indices
Soil.~/Sur_face Water bydices
Restoration Potential Indices
Land Use - Land Cover b~dices
b. Index Values. During the RLSA Study, based upon data and analysis, each acre within the
RLSA District was assigned a value for each Index except for the Restoration Potential Index.
The Restoration Potential Index is assigned during the SSA designation process if appropriate,
and credit adjustments are made at that time.
c. Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an
incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and
Camp Keais Strand. All lands within 500 feet of the delineated FSAs that comprise the Slough
or Strand that are not otherwise included in an HSA or WRA shall receive the same natural
index score (0.6) that an HSA receives, if such property is designated as an SSA and retaihs
only agricultural, recreational and/or conservation layers of land use.
d. Index Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates
the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits
from any lands designated as SSAs, shall be based upon the Natural Resource Index values in
effect at the time of designation. At the time of designation, the Natural Resource Index
x Assessment required in Section 2.2.27.9.C.3. shall document any necessary adjustments to the
index values reflected on the Index Map. Any change in the characteristics of land due to
alteration of the land prior to the designation of an SSA that either increases or decreases any
Index Value shall result in a corresponding adjustment in the credit value.
e. Restoration Potential Index Value. If the applicant asserts that the land being designated as
an SSA has a Restoration Potential Index Value of greater than zero (0), an evaluation of the
restoration potential of the land being designated shall be prepared by a qualified
environmental consultant (per Section 3.8 of the LDC) on behalf of the applicant and
submitted as part of the SSA Designation Application Package. In the event that restoration
potential is identified, the appropriate Restoration Potential Index Value shall be determined
in accord with the Credit Worksheet. The credit value of each acre to which the Restoration
Potential Index Value is applied shall be recalculated by adding the Restoration Potential
Index Value to that acre's total Index Value.
f. Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in
addition to the Restoration Potential Index Value. In certain locations there may be the
opportunity for flow way or habitat restoration such as locations where flow ways.have been
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constricted or otherwise impeded by past activities; or where additional land is needed to
enhance wildlife corridors. Restoration Stewardship Credits shall be applied to an SSA
subject to the following regulations:
(1) Priority has been given to restoration within the Camp Keais Strand FSA or contiguous
HSAs. Therefore, four additional Stewardship Credits shall be generated for each acre of
land dedicated by the applicant for restoration activities within any of the following areas:
the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone
depicted on the RLSA Overlay Map that are contiguous to the Camp Keais Strand
(2) Two additional Stewardship Credits shall be generated for each acre of land dedicated for
restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those
portions of the Restoration Zone depicted on that are contiguous to the Okaloacoochee
Slough.
(3) The actual implementation of restoration improvements is not required for the owner to
receive such credits referenced in (1) and (2) above.
(4) Lands designated "Restoration" shall be restricted to Agriculture - Group 2 and
conservation uses and all natural areas shall be maintained in their existing natural
(5)
condition until such time as restoration activities occur. Upon completion of restoration,
the land shall be managed in accordance with the applicable restoration permit conditions,
which may impose further restriction on the allowed use of the property.
If the applicant agrees to complete the restoration improvements and the eligibility criteria
below are satisfied, four additional Stewardship Credits shall be authorized at the time of
SSA designation, but shall not become available for transfer until such time as it has been
demonstrated that the restoration activities have met applicable success criteria as
determined by the permitting or commenting agency authorizing said restoration. One or
more of the following eligibility criteria shall be used in evaluating an applicant's request
for these additional Restoration Stewardship Credits:
(a) FSA and/or HSA lands where restoration would increase the width of flow way and/or
(b)
habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the
opinion of the applicant's environmental consultant and County environmental or
natural resources staff, there will be functional enhancement of the flow way or
wildlife corridor;
FSA and/or HSA lands where restoration would increase the width of flow way and/or
habitat corridors within two miles of existing public lands so that, in the opinion of the
applicant's environmental consultant and County environmental or natural resources
staff, there will be a functional enhancement of the flow way or wildlife corridor;
(c) Documentation of state or federal listed species utilizing the land or a contiguous
parcel;
(d) Lands that could be restored and managed to provide habitats for specific listed
species (e.g., gopher tortoise, Big Cypress fox squirrel, red-cockaded woodpecker,
etc.), or;
(e) Occurrence of a land parcel within foraging distance from a wading bird rookery or
other listed bird species colony, where restoration and proper management could
increase foraging opportunities (e.g., wood storks)].
Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of
the Stewardship Credit Worksheet and adopted as the Land Use Matrix - Attachment B to the
Rural Stewardship Area Overlay Goals, Objectives and Policies. Each Laver incorporates a
number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer
listed below has an established credit value (percentage of a base credit) developed during the
RLSA Study.
At the time of designation application, a landowner wishing to have his/her land designated as an
SSA determines how many of the Land Use Layers are to be removed from the designated lands.
A Land Use Layer can only be removed in its entirety (all associated activities/land use are
removed), and Layers shall be removed sequentially and cumulatively in the order listed below.
a. Land Use Layers.
1 - Residential Land Uses
Page 18 of 70
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2 - General Conditional Uses
3 - Earth Mining and Processing Uses
4 - Recreational Uses
5 -Agriculture - Group 1
6 - Agriculture - Support Uses
7 -Agriculture - Group 2
b. Land Use Matrix
Conservation,
Residential General Earth Recreational Agriculture Agriculture Agriculture Restoration
Land Uses Conditional Mining Uses Gruup 1 - Support Group 2 and Natural
Uscs and Uses Resources
Processing
Uses
Single- Family care Excavation, Golf courses Crop raising; Farm labor Unimprove,d Wildlife
family facilities (P) extraction and/or golf horticulture; housing (A) pasture and managc~nent,
dwelling, or driving fruit and nut grazing, plant and
incl. mobile earthmining ranges (CU) production; forestry (P) wildlife
home (P) and related groves; conservancies,
processing nurseries; refi~ges and
and improved sanctuaries (P)
production pasture (P)
(GU)
Mobile Collection and Asphaltic Sports Animal Retail sale of Ranching; Water
homes [(P) transfer sites for and instructional breeding (other fresh, livestock management,
inMH resource concrete schools and thanlivestock), unprocessed raising (P) groundwater
Overlay; (A) recovery (CU) batch camps (CU) raising, agricultural recharge (P)
as temporary making training, products;
usel plants (CU) stabling or grown
kenneling (P) primarily on
the propcrty
(A)
Private Veterinary clinic Sporting and Dairying, Retail plant Hunting Restoration,
boathouses (CU) recreational beekeeping; nurseries cabins (CU) mitigation (P)
and docks on camps (CU) poullry and (CU)
lake, canal or egg
watcrxvay production;
lots (A) milk
production (P)
Recreational Child care Aquaculture Packinghouse Cultural, Water supply,
facilities centers and adult for native or similar educational, wellfields (P);
integral to day care centers species (P) agricultural or oil and gas
residential and non-native processing of recreational exploration
development, species (CU) farm facilities and (P)
e.g., golf products their related
course, produced on modes of
clubhouse, the property transporting
community (A) participants,
center viewers or
building and patrons; tour
tennis operations,
facilities, such as, but
parks, not limited to
playgrounds airboats,
and swamp
playfields buggies,
(A) horses and
si~nilar
modes of
transportation
(cu)
Guesthouses Zoo, aquarium, The Sawmills Excavation Boardwalks,
(A) aviary, botanical commercial (CU) and related nature trails
garden, or other production, processing (P)
similar uses raising or incidental to
(CU-) breeding or Ag(A)
exotic animals
(co)
Churches and Wholesale Natural
other places of reptile resources not
worship (CU) breeding and otherwise
raising - non- listed (P)
venomous (P)
Page 19 of 70
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and
vcaomous(CU)
Communications Essential
towcrs (P)(CU) sen, ices (P
and CU)
Social and Oil and gas
fraternal field
organiz~tions development
(CU) and
production
(cu)
Private landing
strips for general
aviation (CU)
Ccmctcrics (CU)
Schools (CU)
Group care
facilitics, ALF
(cu)
Uses as listed in Collier County Land Development Code - Rural Agricultural District
(P) Principal Use, (a) Accessory Use, (CU) Conditional Use
5. Matrix Calculation. The maximum number of credits generated through designation as an SSA
is established in a matrix calculation that multiplies each Natural Resource Index Value by the
value of each Land Use Layer, thereby establishing a credit value for each acre in the Overlay,
weighted by the quality of its natural resources. As Land Use Layers are removed, the sum of the
percentages of those Layers removed is multiplied by the Natural Resource Index Values to
determine the Stewardship Credits to be generated by each acre being designated as an SSA.
SSA Designation Application Package. A request to designate lands(s) within the RLSA District as
an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall
include the following:
1. SSA Designation Application. A landowner or his/her agent, hereat~er "applicant," shall submit
a request for the designation of SSA for lands within the RLSA District to the Administrator or
his designee, on an approved application form. The application shall be accompanied by the
documentation as required by this Section.
2. Application Fee. An application fee shall accompany the application.
3. Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA
Designation Application a report entitled Natural Resource Index Assessment that documents the
Natural Resource Index Value scores. The Assessment shall include a summary analysis that
quantifies the number of acres by Index Values, the level of conservation being proposed, and the
resulting number of Credits being generated. The Assessment shall:
a. Verify that the Index Value scores assigned during the RLSA Study are still valid through
recent aerial photography or satellite imagery, agency-approved mapping, or other
documentation, as verified by field inspections.
b. if this Assessment establishes that the Index Value scores assigned during the RLSA Study are
· no longer valid, document the Index Value of the land as of the date of the SSA Designation
Application.
c. Establish the suggested "Restoration Potential" Index Value for any acres as appropriate and
provide evidence/documentation supporting the suggested Index Value;
d. Quantify the acreage of agricultural lands, by type, being preserved;
e. Quantify the acreage of non-agricultural acreage, by type, being preserved;
f. Quantify the acreage of all lands by type within the proposed SSA that have an Index Value
greater than 1.2; and
g. Ouantify all lands, by type, being designated as SSA within the ACSC, if any.
Support Documentation. In addition, the following support documentation shall be provided for
each SSA being designated:
a. Legal description, including sketch or survey;
b. Acreage calculations, e.g., acres ofFSAs, HSAs, and WRAs, etc., being put into the, SSA;
e
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c. RLSA Overlay Map delineating the area of the RLSA District being designated as an SSA;
d. Aerial photograph(s) having a scale of one inch equal to at least 200 feet when available from
the County, otherwise, a scale of at least one inch equal to 400 feet is acceptable, delineating
the area being designated as an SSA;
e. Natural Resource Index Map of area being designated as an SSA;
f. Florida Department of Transportation Florida Land Use Cover and Forms Classification
System (FLUCCS) map(s) delineating the area being designated as an SSA on an aerial
photograph having a scale of one inch equal to at least 200 feet when available from the
County, otherwise, a scale of at least one inch equal to 400 feet is acceptable;
g. Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish
Wildlife Conservation Commission, and Florida Natural Areas Inventory, delineating the area
being designated as an SSA;
h. United States Department of Agriculture-Natural Resources Conservation Service (USDA-
NRCS) Soils map(s) delineating the area being designated as an SSA;
i. Documentation to support a change in the related Natural Resource Index Value(s), if
appropriate; and
j. Calculations that quantify the number of acres by Index Values, the level of conservation
being offered, and the resulting number of credits being generated.
SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned
within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so
designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements
entered into by and between a landowner and the County shall contain the following:
a. The number of acres, and a legal description of all lands subject to the SSA Credit Agreement;
b. A map or plan (drawn at a scale of 1"-- 500') of the land subject to the agreement which
depicts any lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated;
c. A narrative description of all land uses, including conditional uses, if any, that shall be
removed from the land upon approval of the SSA Credit Agreement;
d. Calculations that support the total number of SSA credits that result from the Natural
Resource Index Assessment;
e. A copy of the Stewardship Easement, (or deed ifa fee simple transfer is proposed) applicable
to the land, which shall be granted in perpetuity and shall be recorded by the County upon
approval of the SSA Credit Agreement:
f. Land management measures~
g. Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or
request, and the County shall not grant or approve, any increase in density or any additional
uses beyond those specified in the SSA credit Agreement on the land;
h. Provisions requiring that, upon designation of land within either an FSA or an HSA as an
SSA, the owner shall not thereat~er seek or request, and the County shall not thereat~er grant
x or approve any expansion or conversion of agricultural land uses in violation of Sections
2.2.27.9.A.2 and 3:
i. Provisions regarding and ensuring the enforceability of the SSA Credit Agreement; and
j. If applicable, the number of credits to be granted for restoration (Restoration Credits),
together with the following information:
(1) A legal description of lands to be designated for restoration;
(2) A map depicting the land being designated as SSA, with the lands to be dedicated for
restoration, but which the applicant makes no commitment to undertake restoration,
identified as Restoration I ("R I"); and the lands dedicated for restoration and for which
the applicant has committed to carry out the restoration identified as Restoration II ("R
II");
(3) The number of Restoration Credits to be granted for the lands designated R I and R II;
(4) A Restoration Analysis and Report, which shall include a written evaluation of the
restoration area's existing ecological/habitat value and the necessary restoration efforts
required to reestablish original conditions; enhance the functionality of wetlands or
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wildlife habitat; or remove exotics so as to enhance the continued viability of native
vegetation and wetlands; and
(5) When the restoration is to be undertaken by the al~plicant, a Restoration Plan that
addresses, at a minimum, the followint~ elements:
(a) 'Restoration goals or species potentially affected;
(b) Description of the work to be performed;
(c)Identification of the entity responsible for performing the work;
(d) Work Schedule;
(e) Success Criteria; and
(0 Annual management, maintenance and monitoring.
6. Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a
resolution of the BCC at an advertised public meeting by majority vote. .
7. Recording of SSA Memoraudum. Following approval by the County, an SSA Memorandum
shall be prepared and recorded in the public records, together with the following portions or
exhibits of the SSA Credit Agreement as attachments:
a. The legal description of the lands subject to the SSA Credit Agreement and the number of
SSA Credits assigned to the land designated as SSA, including lands designated for
restoration, if any, and the Restoration Credits assigned to such land;
b. The Stewardship Easement Agreement on the SSA lands, describing the land uses remaining
on the land;
c. A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to
include the elements set forth in Section 2.2.27.9.C.5.i(5)(a).
8. Stewardship Easement Agreement or Deed. The Applicant shall prepare and submit a
Stewardship Easement A~reement in all cases except when the property is being deeded in fee
simple to a "conservation/preservation agency."
a. The Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that
shall be recorded for each SSA, shall run with the land and shall be in favor of Collier County
and one or more of the following: Florida Department of Environmental Protection, Florida
Department of Agriculture and Consumer Services, South Florida Water Management
District, or a recognized land trust.
b. The Stewardship Easement Agreement shall identify the specific land management measures
that will be undertaken and the party responsible for such measures.
c. In the event that the land being designated as an SSA is being transferred to a conservation
entity by fee simple title, a deed shall be submitted in lieu of the Stewardship Easement
Agreement.
SSA Application Review Process
1. Pre-application Conference with County staff. Prior to the submission of a formal application
for SSA designation, the applicant shall attend a pre-application conference with the
Administrator or his designee and other county staff, agencies, and officials involved in the
review and processing of such applications and related materials. If an SRA designation
apphcat~on is to be filed concurrent with an SSA application, only one pre-application conference
shall be required. This pre-application conference should address, but not be limited to, such
matters as:
a. Conformity of the proposed SSA with the goals, objectives, and policies of the growth
management plon;
b. Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the
property:
c. Identification of the recognized entity to be named in the covenant or perpetual restrictive
easement, and;
d. Identification of the proposed land management measures that will be undertaken and the
party responsible for such measures.
Application Package Submittal and Processing Fees. The required number of copies of each
SSA Application and the associated processing fee shall be submitted to the Administrator or his
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........... ~., are deleted, words underlined are added
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designee. The contents of said application package shall be in accordance with Section
2.2.27.9.C.
Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the
SSA Application, the Administrator or his designee shall advise the applicant in writing that the
application is complete and sufficient for agency review or advise what additional information is
needed to find the application sufficient. If required, the applicant shall submit additional
information. Within ten (10) working days of receipt of the additional information, the
Administrator or his designee shall advise the applicant in writing that the application is compiete,
or, if additional or revised information is required, the Administrator shall again inform the
applicant what information is needed, and the timeframe outlined herein shall occur until the
application is found sufficient for review.
4. Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the
Administrator or his designee will distribute it to specific County staff for their review.
5. Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff
shall review the submittal documents and provide written comments, questions, and clarification
items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be
held to resolve outstanding issues and confirm public hearing dates.
6. Designation Report. Within ninety (90) days from the receipt of a sufficient application, county
staff shall prepare a written report containing their review findings and a recommendation of
approval, approval with conditions or denial. This timeframe may be extended upon written
agreement by the applicant.
E._~. SSA Application Approval Process
1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution
approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to
consider the Application and proposed SSA Credit Agreement shall be given at least fifteen (15)
days prior to said hearing by publication in a newspaper of general circulation in the County. A
copy of such notice shall be kept available for public inspection during regular business hours of
the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and
place of the meeting, the title of the proposed resolution, and the place or places within the
County where the proposed resolution and agreement may be inspected by the public. The notice
shall provide a general description and a map or sketch of the affected land and shall advise that
interested parties may appear at the meeting and be heard with respect to the proposed resolution.
The BCC shall review the staff report and recommendations and, if it finds that all requirements
for designation have been met, shall, by resolution, approve the application. If it finds that one or
more of the requirements for designation have not been met, it shall either deny the application or
approve it with conditions mandating compliance with all unmet requirements. Approval of such
resolution shall require a majority vote by the BCC.
2. Legal Description. Following the Board's approval of the SSA Application and SSA Credit
Agreement, a legal description of the land designated SSA, the SSA credits granted, and the
Stewardship easement applicable to such lands, shall be provided to the Collier County Property
Appraiser and the applicant, and shall be recorded within thirty (30) days by the applicant in the
public records.
3. 15pdate the RLSA Overlay Map and Official Zoning Atlas. The Official Zoning Atlas shall be
updated to reflect the designation of the SSA. Sufficient information shall be included on the
updated zoning maps so as to direct interested parties to the appropriate public records associated
with the designation, including but not limited to Resolution number and SSA Designation
Application number. The RI, SA Overlay Map shall be updated to reflect the SSA designation
during a regular growth management cycle no later that twelve months from the effective date of
the SSA Agreement.
F. SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same
manner described in this Section for the designation of an SSA. Amendment(s) to approved SSAs
shall only be considered if the application removes one or more additional Land Use Layers from the
existing SSA. Under no circumstances shall Land Use Layers, once removed as part of an SSA
designation, be added back to the SSA. The application to amend the SSA may be submitted as part
of an application to designate a new SSA provided such lands are contiguous to the previously
approved SSA and are under the same ownership.
2.2.27.10. SRA Designation. SRA designation is intended to encourage and facilitate uses that enable
economic prosperity and diversification of the economic base of the RLSA District, and .encourage
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development that utilizes creative land use planning techniques and facilitates a compact form of
development to accommodate population growth by the establishment of SRAs. Stewardship Credits
generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA
on a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be
increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System,
the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the
density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the
establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred
only to lands within the RLSA District that meet the defined suitability criteria and standards set forth
herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes
effective pursuant to Section 2.2.27.10.D. 1 l.c. Any change in the residential density or non-residential
intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which
shall reflect the total number of transferable Credits assigned to the parcel of land
A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands
within the RLSA District that meet the suitability criteria contained herein may be designated as
SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already
designated as an SSA. WRAs may be located within the boundaries of an SRA and may be
incorporated into an SRA Master Plan to provide water management functions for properties within
such SRA, subject to all necessary permitting requirements.
1. Suitability Criteria. The following suitability criteria are established to ensure consistency with
the Goals, Objectives, and Policies of the RLSA Overlay.
a. An SRA must contain sufficient suitable land to accommodate the planned development.
b. Residential, commercial, manufacturing/light industrial, group housing, and transient housing,
institutional, civic and community service uses within an SRA shall not be sited on lands that
receive a Natural Resource Index value of greater than 1.2.
c. Conditional use essential services and governmental essential services, with the exception of
those necessary to serve permitted uses and for public safety, shall not be sited on land that
receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land
or parcel.
d. Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall
be retained as open space and maintained in a predominantly natural vegetated state.
e. Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an
individual SRA Town, Village, or those CRDs exceeding 100 acres. Gross acreage includes
only that area of development within the SRA that requires the consumption of Stewardship
Credits.
f. As an incentive to encourage open space, open space on lands within an SRA located outside
of the ACSC that exceeds the required thirty-five percent retained open space shall not be
required to consume Stewardship Credits.
g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and
shall buffer such areas as described in Section 2.2.27.10.J.6.d An SRA may be contiguous to,
or encompass a WRA.
The SRA must have either direct access to a County collector or arterial road or indirect
access via a road provided by the developer that has adequate capacity to accommodate the
proposed development in accordance with accepted transportation planning standards.
SRAs Within the ACSC SRAs are permitted within the ACSC subject to limitations on the
number, size, location, and form of SRA described herein. Nothing within this Section shall be
construed as an exemption of an SRA from any and all limitations and regulations applicable to
lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall also
be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively
from SSAs within the ACSC. No early entry bonus credits can be used to entitle an SRA within
the ACSC.
~. The only forms of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be
Hamlets and CRDs of 100 acres or less and the only forms of SRA allowed in the ACSC west
of the Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and
Hamlets. Provided, however, two SRAs, consisting of any combination of Villages or CRDs
of not more than 500 acres each, exclusive of any lakes created prior to the effective date of
this amendment as a result of mining operations, shall be allowed in areas that have a frontage
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on State Road 29 and that, as of the effective date of the RLSA Overlay, had been
predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or Processing Uses
(Layer 3).
b. The Town form of an SRA shall not be located within the ACSC.
B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and
transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged
for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in
Section 2.2.2710.B.2. Stewardship density and intensity will thereafter differ from the Baseline
Standards.
1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as
provided for herein.
a. Stewardship Credits generated from any SSA may be transferred to entitle an, y SRA, except
where the SRA is within the ACSC, in which case only Stewardship Credits that have been
generated from an SSA within the ACSC can be used to entitle such SRA. No early entry
bonus credits can be used to entitle an SRA within the ACSC.
b. Credits can be transferred only to lands within the RLSA that meet the defined suitability
criteria and standards set forth herein.
c. Stewardship Credits may be transferred between different parcels or within a single parcel,
subject to compliance with all applicable provisions of these policies. Residential clustering
shall only occur within the RLSA District through the use of the Stewardship Credit System,
and other forms of residential clustering shall not be permitted.
d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA
subject to the limitations contained in this Section.
e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to
Section 2.2.27.6., and transferred to an SRA subject to the limitations contained in this
Section.
2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional
residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8)
Stewardship Credits per gross acre. Lands within an SRA greater than one acre, with lndex
Values of greater than 1.2, shall be retained as open space and maintained in a predominantly
natural, vegetated state. Any such lands within an SRA located outside of the ACSC exceeding
the required thirty-five percent shall not be required to consume Stewardship Credits.
3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use shall not be
required to consume Stewardship Credits and shall not count toward the maximum acreage limits
of an SRA. For the purpose of this Section, public benefit uses are limited to public schools
(preK-12) and public or private post secondary institutions, Post Secondary Institution Ancillary
Uses, community parks exceeding the minimum requirement of 200 square feet per dwelling unit,
municipal golf courses, regional parks, and governmental facilities excluding essential services as
defined in the LDC
4. Mixed Land Use Entitlements. In order to promote compact, mixed use development and
~ovide the necessary support facilities and services to residents of rural areas, the SRA
designation and the transfer of the Stewardship Credits allows for a full range of uses, accessory
uses and associated uses that provide a mix of services to and are supportive to the residential
population of an SRA and the RLSA District. SRAs are intended to be mixed use and shall be
allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by
Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay Attachment C. Depending on the size,
~ca!e, olad character of an SRA, it ~hall be designed to include an appropriate mix of retail, office,
recreational, civic, governmental, and institutional uses, in addition to residential uses.
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C. Forms of SRA Developments. SRA Developments are a compact form of development, wi2.
accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be user
facilitate the implementation of innovative planning and flexible development strategies described
Chapter 163.3177 (11), F.S. and 9J-5.006(5)(I), F.A.C. These planning strategies and techniques_
intended to minimize the conversion of rural and agricultural lands to other uses while discouraging ur_l
sprawl, protecting environmentally sensitive areas, maintaining the economic viability of agricultural ~
other predominantly rural land uses, and, providing for the cost-efficient delivery of public facilities ~
services. Only the following four specific forms of rural development in SRAs are permitted within
RLSA District.
Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types
and mix of uses. Towns have urban level services and infrastructure which support development
that is compact, mixed use, human scale, and provides a balance of land uses to reduce
automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than
4,000 acres and are comprised of several villages and/or neighborhoods that have individual
identity and character. Towns shall have a mixed-use town center that will serve as a focal point
for community facilities and support services. Towns shall be designed to encourage pedestrian
and bicycle circulation by including an interconnected sidewalk and pathway system serving ali
residential neighborhoods. Towns shall have at least one community park with a minimum size
of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green
spaces within neighborhoods. Towns shall include both community and neighborhood scaled
retail and office uses, in a ratio as provided in Section 2.2.27.10.J.1. Towns may also include
those compatible corporate office and light industrial uses as those permitted in the Business Park
and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred
location for the full range of schools, and to the extent possible, schools and parks shall be located
~djacent to each other to allow for the sharing of recreational facilities. Towns shall not be
located within the ACSC.
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Villages. Villages are primarily residential communities with a diversity of housing types and
mix of uses appropriate to the scale and character of the particular village. Villages shall be not
less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods
and shall include a mixed-use village center to serve as the focal point for the community's
support services and facilities. Villages shall be designed to encourage pedestrian and bicycle
circulation by including an interconnected sidewalk and pathway system serving ali residential
neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages
shall include neighborhood scaled retail and office uses, in a ratio as provided in Section
2.2.27.10.J. 1. Villages are an appropriate location for a full range of schools. To the extent
possible, schools and parks shall be located adjacent to each other to allow for the sharing of
recreational facilities.
The Village form of rural land development is permitted within the ACSC subject to the
limitations of Section 2.2.27.10.A.2.
3. Hamlets. Hamlets are small rural residenti01 areas with primarily single-family housing and
limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than
100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural
subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space
f~)r neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section
2.2.27.10.J. 1. Hamlets may be an appropriate location for pre-K through elementary schools.
The Hamlet form of rural land development is permitted within the ACSC subject to the
limitations of Section 2.2.27.10.A.2.
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Compact Rural Developments (CRDs). Compact Rural Development (CRD) is a form of SRA
that will provide flexibility with respect to the mix of uses and design standards, but shall
otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not
required to have permanent residential housing and the services and facilities that support
permanent residents. Except as described above, .a CRD will conform to the characteristics of a
Village or Hamlet as set forth in Section 2.2.27.10.J. 1. based on the size of the CRD As
residential units are not a required use, those, goods and services that support residents such as
retail, office, civic, governmental and institutional uses shall also not be required. However for
any CRD that does include permanent residential housing, the proportionate support services
listed above shall be provided in accordance with the standards for the most comparable form of
SRA as described in Section 2.2.27.10.C.2. or 3.
a. Size of CRDs limited. There shall be no more than 5 CRDs of more than 100 acres in size.
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b. CRDs within the ACSC. The CRD form of rural land development is permitted within the
ACSC subject to the limitations of Section 2.2.27.10.A.2.
5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct
proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns
approved as SRAs, not more than five (5) of any combination of Hamlets and CRDs of 100 acres
of less may be approved prior to the approval of a Village or Town. In order to maintain that
same proportion thereafter, not more than five (5) of any combination of Hamlets and CRDs of
100 acres of less may approved for each subsequent Village or Town approved.
6 SRAs as Part of a Development of Regional Impact (DRl). SRAs are permitted as part of a
DRl subject to the provisions of Section 380.06, F.S. and the RLSA District Regulations.
a. An SRA Designation Application may be submitted simultaneously with a Preliminary
Development Agreement application that occurs prior to a DRI Application for Development
Approval (ADA). In such an application, the form of SRA Development shall be determined
by the characteristics of the DRI project, as described in the PDA.
b. The DRI may encompass more than a single SRA Designation Application. It is the intent of
this Section to allow for the future designations of SRAs within a DRl as demonstrated by the
DRI phasing schedule.
c. A DRI applicant is required to demonstrate that:
(1) The applicant has the necessary Stewardship Credits to entitle the DRI as part of
subsequent SRA Designation Applications, or
(2) The applicant owns or has a contract with an owner of enough land that would qualify as
SSAs to entitle the DRI as part of subsequent SRA Designation Applications, or has the
ability to obtain the necessary Stewardship Credits to entitle the entire DRI as part of
subsequent SRA Designation Applications.
D. SRA Designation Application Package. A Designation Application Package to support a request to
designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the
RLSA District Regulations. The SRA Application Package shall include the follow:
1. SRA Designation Application. An application shall be submitted by a landowner or his/her
agent, hereafter "applicant," to request the designation of an SRA within the RLSA District. The
Application shall be submitted to the Administrator or his designee, on a form provided. The
application shall be accompanied by the documentation as required by this Section.
2. Application Fee. An application fee shall accompany the application.
3. Natural Resource Index Assessment. An assessment that documents the Natural Resource
Index Value scores shall be prepared and submitted as part of the SRA Application. The
Assessment shall include an analysis that quantifies the number of acres by Index Values. The
Assessment shall:
a. Identify all lands within the proposed SRAthat have an Index Value greater than 1.2;
b. Verify that the Index Value scores assigned during the RLSA Study are still valid through
recent aerial photography or satellite imagery or agency-approved mapping, or other
documentation, as verified by field inspections.
c. If the Index Value scores assigned during the RLSA Study are no longer valid, document the
current Index Value of the land.
d. Quantify the acreage of agricultural lands, by type, being converted;
e. Quantify the acreage of non-agricultural acreage, by type, being converted;
f. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value
greater than 1.2~
g. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any~
and
h. Demonstrate compliance with the Suitability Criteria contained in Section 2.2.27.10.A. 1.
Natural Resource Index Assessment Support Documentation. Documentation to support the
Natural Resource Index Assessment shall be provided for each SRA being designated to include:
a. Legal Description, including sketch or survey;
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b. Acreage calculations of lands being put into the SRA, includin_g acreage calculations of
WRAs (if any) within SRA boundary but not included in SRA desie, nation;
c. RLSA Overlay Map delineating the area of the RLSA District being designated as an SRA;
d. Aerial photograph delineating the area being designated as an SRA;
e. Natural Resource Index Map of area being designated as an SRA;
f. FLUCCS map(s) delineating the area being designated as an SRA;
g. Listed species map(s) delineating the area being designated as an SRA;
h. Soils map(s) delineating the area being designated as an SRA, and;
i. Documentation to support a change in the related Natural Resource Index Value(s), if
appropriate.
SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the
SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the
requirements of Section 2.2.27.10.G.
SRA Development Document. A Development Document shall be prepared and submitted by
the applicant as part of the SRA Application for Designation of an SRA. The SRA Development
Document shall be consistent with the requirements of Section 2.2.710.H.
SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be
prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA.
The SRA Impact Assessment Report shall address the requirements of Section 2.2.27.10.K.
SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and
submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA
Economic Assessment Report shall address the requirements of Section 2.2.2710.L.
Stewardship Credit Use and Reconciliation Application. A Credit Use and Reconciliation
Application shall be submitted as part of an SRA Designation Application in order to track the
transfer of credits from SSA(s) to SRA(s). The Stewardship Credit Use and Reconciliation
Application shall be in a form provided by the Administrator, or his designee. The application
package shall contain the following:
a. The legal description of, or descriptive reference to, the SRA to which the Stewardship
Credits are being transferred;
b. Total number of acres within the proposed SPA and the total number of acres of the proposed
SRA within the ACSC (if any);
c. Number of acres within the SPA designated "public use" that do not require the redemption of
Stewardship Credits in order to be entitled (does not consume credits);
d. Number of acres of"excess" open spaces within the SRA that do not require the consumption
ofcredits~
e. Number of acres of WRAs inside the SPA boundary but not included in the SRA designation;
f. Number of acres within the SRA that consume Credits;
The number of Stewardship Credits being transferred (consumed by) to the SPA and
documentation that the applicant has acquired or has a contractual right to acquire those
Stewardship Credits;
h. Number of acres to which credits are to be transferred (consumed) multiplied by 8 Credits /
acre equals the number of Credits to be transferred (consumed);
i. A descriptive reference to one or more approved or pending SSA Designation Applications
from which the Stewardship Credits are being obtained. Copies of the reference documents,
e.g., SSA Stewardship Credit Agreement, etc., shall be provided, including:
(1) SSA application number;
(2) Pending companion SRA application number;
(3) SSA Designation Resolution (or Resolution Number);
(4) SSA Credit Agreement (Stewardship Agreement);
(5) Stewardship Credits Database Report.
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~l I
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j. A descriptive reference to any previously approved Stewardship Credit Use and
Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship
Credits are being obtained; and
k. A summary table in a form provided by Collier County that identifies the exchange of all
Stewardship Credits that involve the SRA and all of the associated SSAs from which the
Stewardship Credits are being obtained.
10.Conditional SRA Designation. If at the time of the approval of the SRA Designation
Application, the applicant has not acquired the number of credits needed to entitle the SRA, then
the SRA Designation approval shall be conditional. The applicant shall have 60 days from the
date of the conditional approval to provide documentation of the acquisition of the required
number of Stewardship Credits. If the applicant does not provide such documentation within 60
days, the conditional SRA Designation approval shall be null and void. The Stewardship Credit
Use and Reconciliation Application shall be amended to accurately reflect the transfer of credits
that occurred following the conditional approval of the SRA.
1 I.SRA Credit Agreement.
a. Any applicant for designation of an SRA shall enter into an SRA Credit Agreement xvith the
County.
b. The SRA Credit Agreement shall contain the following information:
(1) The number of SSA credits the applicant for an SRA designation is utilizing and which
shall be applied to the SRA land in order to carry out the plan of development on the
acreage proposed in the SRA Development Documents.
(2) A legal description of the SRA land and the number of acres;
(3) The SRA master plan depicting the land uses and identifying the number of residential
dwelling units, gross leaseable area of retail and office square footage and other land uses
depicted on the master plan;
(4) A description of the SSA credits that are needed to entitle the SRA land and the
anticipated source of said credits;
(5) The applicant's acknowledgement that development of SRA land may not commence until
the applicant has recorded an SRA Credit Agreement Memorandum with the Collier
County Clerk of Courts; and
(6) The applicant's commitments, if any, regarding conservation, or any other restriction on
development on any lands, including wetlands, within the SRA, as may be depicted on the
SRA Master Plan for special treatment.
c. The SRA Credit Agreement shall be effective on the latest of the following dates: (1) the date that the County approves the SRA Application;
(2) the date that documentation of the applicant's acquisition of the Stewardship Credits to be
utilized for the SRA is found by the County to be sufficient; or
(3) five (5) working days after the date on which the applicant submits documentation of the
x acquisition of the Stewardship Credits to be utilized, if the County fails to make a
suff~ciency determination prior to that date.
d. Following approval of the SRA Application, the applicant shall record a SRA Credit
Agreement Memorandum, which shall include the following:
(1) A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for
the SSA lands from which the credits being utilized are generated and identification of the
number of credits derived from each SSA; and
(2) a legal description of the SRA lands.
e. If the development provided for within an SRA constitutes, or will constitute, a development
of regional impact ("DRI") pursuant to Sections 380.06 and 380.0651, F.S., and if the
applicant has obtained a preliminary development agreement ("PDA") from the Florida
Department of Community Affairs for a portion of the SRA land, the applicant may request
the County to enter into a Preliminary SRA Credit Agreement for those Stewardship Credits
needed in order to develop the PDA authorized development. Commencement of the PDA
authorized development may not proceed until the applicant has recorded a Preliminary SRA
Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary
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SRA Credit Agreement shall include the same information and documentation as is required
for an SRA Credit Agreement and an SRA Credit Agreement Memorandum
E. SRA Application Review Process
1. Pre-Application Conference with County Staff: Prior to the submission of a formal application
for SRA designation, the applicant shall attend a pre-application conference with the
Administrator or his designee and other county staff, agencies, and officials involved in the
review and processing of such applications and related materials. If an SRA designation
application will be filed concurrent with an SSA application, only one pre-application conference
shall be required. This pre-application conference should address, but not be limited to, such
matters as:
a. Conformity of the proposed SRA with the goals, objectives, and policies of the growth
management plan; .
b. Consideration of suitability criteria described in Section 2.2.27.10.A. 1. and other standards of
this Section;
c. SPA master plan compliance with all applicable policies of the RLSA District Regulations, and
demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and
Conservation Lands;
d. Assurance that applicant has acquired or will acquire sufficient Stewardship Credits to
implement the SRA uses, and;
e. Consideration of impacts, including environmental and public infrastructure impacts.
2. Application Package Submittal and Processing Fees. The required number of SRA
Applications and the associated processing fee shall be submitted to the Administrator or his
designee. The contents of said application package shall be in accordance with Section
2.2.27.1 O.D.
3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA
Application, the Administrator or his designee shall notify the applicant in writing that the
application is deemed sufficient for agency review or advise what additional information is
needed to find the application sufficient. If required, the applicant shall submit additional
information. Within twenty (20) days of receipt of the additional information, the Administrator
or his designee shall notify the applicant in writing that the application is deemed sufficient, or,
what additional or revised information is required. If necessary, the Administrator shall again
inform the applicant in writing of information needed, and the timeframe outlined herein shall
occur until the application is found sufficient for review.
4. Review by County Reviewing Agencies: Once the SRA application is deemed sufficient, the
Administrator or his designee will distribute it to specific County review staff
5. Staff Review. Within sixty (60) days of receipt of a sufficient application, County staff shall
review the submittal documents and provide Comments, questions, and clarification items to the
applicant. If deemed necessary by County staff or the applicant, a meeting shall be held to
address outstanding issues and confirm public hearing dates.
6. ~taff Report. Within ninety (90) days from the receipt of a sufficient application, County staff
shall prepare a written report containing their review findings and a recommendation of approval,
approval with conditions or denial. This timeframe may be extended upon agreement of County
staff and the applicant.
F. SRA Application Approval Process.
1. Public Hearings Required. The BCC shall review the staff.report and recommendations and the
recommendations of the EAC and CCPC, and the BCC shall, by resolution, approve, deny, or
approve with conditions the SRA Application only after advertised public notices have been
provided and public hearings held in accordance with the following provisions:
a- Public Hearing Before the EAC, Recommendation to the BCC. The EAC shall hold one
public hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC,
or is adjoining land designated as Conservation, FSA, or HSA.
b. Public Hearing Before the CCPC, Recommendation to BCC. The ccPC shall hold one
advertised public hearing on the proposed resolution to designate an SRA. A notice of the
public hearing before the CCPC on the proposed resolution shall include a general description
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and a map or sketch and shall be published in a newspaper of general circulation in the
County at least ten (10) days in advance of the public hearing.
¢. Public Hearing Before the BCC, Resolution Approved. The BCC shall hold one advertised
public hearing on the proposed resolution to designate an SRA. A public notice, which shall
include a general description and a map or sketch, shall be given to the citizens of Collier
County by publication in a newspaper of general circulation in the County at least ten days
prior to the hearing of the BCC. The advertised public notice of the proposed adoption of the
resolution shall, in addition, contain the date, time and place of the hearing, the title of the
proposed resolution and the place within the County where such proposed resolution may be
inspected by the public. The notice shall also advise that interested parties may appear at the
hearing and be heard with respect to the proposed resolution.
2. Update Stewardship Credits Database. Following the effective date of the approval of the
SRA, the County shall update the Stewardship Credits Database used to track bo, th SSA credits
generated and SRA credits consumed.
3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the effective date of
the approval of the SRA, the County shall update the Official Zoning Atlas to reflect the
designation of the SRA. Sufficient information shall be included on the updated maps so as to
direct interested parties to the appropriate public records associated with the designation, e.g.,
Resolution number, SRA Designation Application number, etc. The RLSA Overlay Map shall be
updated to reflect the SRA designation during a regular growth management plan amendment
cycle, no later than twelve months from the effective date of the SRA Credit Agreement.
4.SRA Amendments. Amendments to the SRA shall be considered in the same manner as described
in this Section for the establishment of an SRA, except as follows.
a. Waiver of Required SRA Application Package Component(s). A waiver may be granted
by the Administrator or his designee, if at the time of the pre-application conference, in the
determination of the Administrator, the original SRA Designation Application component(s)
is (are) not materially altered by the amendment or an updated component is not needed to
evaluate the amendment. The Administrator shall determine what application components
and associated documentation are required in order to adequately evaluate the amendment
request.
b. Approval of Minor Changes by Administrator. Administrator shall be authorized to approve
minor changes and refinements to an SRA Master Plan or Development Document upon written
request of the applicant. Minor changes and refinements shall be reviewed by appropriate
County staff to ensure that said changes and refinements are otherwise in compliance with all
applicable County ordinances and regulations prior to the Administrator's consideration for
approval. The following limitations shall apply to such requests:
(1) The minor change or refinement shall be consistent with the RLSA Overlay, the RLSA
District Regulations, and the SRA Development Document's amendment provisions.
(2) The minor change or refinement shall be compatible with contiguous land uses and shall not
create detrimental impacts to abutting land uses, water management facilities, and
conservation areas within or external to the SRA.
(3)Minor changes or refinements, include but are not limited to:
(a)Reconfiguration of lakes, ponds, canals, or other water management facilities where such
changes are consistent with the criteria of the SFWMD and Collier County;
(b)Internal realignm0nt of rights-of-way, other than a relocation of access points to the SRA
itself, where water management facilities, preservation areas, or required easements are
not adversely affected; and
(c)Reconfiguration of parcels when there is no encroachment into the conservation areas or
lands with an Index Value of 1.2 or higher,
Relationship to Subdivision or Site Development Approval. Approval by the Administrator
ora minor change or refinement may occur independently from, and prior to, any application for
Subdivision or Site Development Plan approval. However, such approval shall not constitute an
authorization for development or implementation of the minor change or refinement without first
obtaining all other necessary County permits and approvals.
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G, Master Plan. To address the specifics of each SRA, a master plan of each SRA will b~ prepared and
submitted to Collier County as a part of thc petition for designation as an SRA. The master plan will
demonstrate that the SRA complies with ali applicable Growth Management Plan policies and the
RLSA District and is designed so that incompatible land uses are directed away from lands identified
as FSAs, HSAs, WRAs, and Conservation Lands on the RLSA Overlay Map.
1. Master Plan Requirements. A master plan shall accompany an SRA Designation Application to
address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so
that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and
Conservation Lands on the RSLA Overlay Map. The plan shall be designed by an urban planner
who possesses an AICP certification, together with at least one of the following:
a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the
State of FIorida~
b. a qualified environmental consultant per Section 3.8 of the LDC; or .
c. a practicing architect licensed by the State of Florida.
2. Master Plan Content. At a minimum, the master plan shall include the following elements:
a. The title of the project and name of the deveioper~
b. Scale, date, north arrow~
c. Location map that identifies the relationship of the SRA to the entire RLSA District, including
other designated SRAs~
d. Boundaries of the subject property, all existing roadways within and adjacent to the site,
watercourses, easements, section lines, and other important physical features within and
adjoining the proposed development:
e. Identification of ali proposed tracts or increments within the SRA such as, but not limited to:
residential, commercial, industrial, institutional, conservation/preservation, lakes and/or other
water management facilities, the location and function of all areas proposed for dedication or
to be reserved for community and/or public use, and areas proposed for recreational uses
including golf courses and related facilities;
f. Identification, location and quantification of all wetland preservation, buffer areas, and open
space areas;
g. The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility
provisions:
h. The location of all proposed major internal rights of way and pedestrian access wags;
i. Typical cross sections for all arterial, collector, and local streets, public or private, within the
proposed SRA;
j. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the
SRA; and
k. Documentation or attestation of professional credentials of individuals preparing the master
plan.
H. Dev~opment Document. Data supporting the SRA Master Plan, and describing the SRA
application, shall be in the form of a Development Document that shall consist of the information
listed below, unless determined at the required pre-application conference to be unnecessary to
describe the development strategy.
1. The document shall be prepared by an urban planner who possesses an AICP certification,
together with at least one of the following:
a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the
State of Florida;
b. a qualified environmental g:onsultant per Section 3.8 of the LDC; or
c. a practicing architect licensed by the State of Florida.
2. The document shall identify, locate and quantify the full range of uses, including accessory uses
that provide the mix of services to. and are supportive of, the residential population of an SRA or
the RSLA District, and shall include, as applicable, the following:
a. Title page to include name of project;
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b. Index/table of contents;
c. List of exhibits;
d. Statement of compliance with the RSLA Overlay and the RLSA District Regulations;
e. General location map showing the location of the site within the boundaries of the RLSA
Overlay Map and in relation to other designated SRAs and such external facilities as
highways~
f. Property ownership and general description of site (including statement of unified ownership);
g. Description of project development;
h. Legal description of the SRA boundary, and for any WRAs encompassed by the SRA;
i. The overall acreage of the SRA that requires the consumption of Stewardship Credits and
proposed gross density for the SRA;
j. Identification of all proposed land uses within each tract or increment describing: acreage;
proposed number of dwelling units; proposed density and percentage of the tothl development
represented by each type of use; or in the case of commercial, industrial, institutional or
office, the acreage and maximum gross leasable floor area within the individual tracts or
increments:
k. Design standards for each type of land use proposed within the SRA. Design standards shall
be consistent with the Design Criteria contained in Section 2.2.27.10.J.;
1. All proposed variations or deviations from the requirements of the LDC, including
justification and alternatives proposed;
m. The proposed schedule of development, and the sequence of phasing or incremental
development within the SRA, if applicable;
n. A Natural Resource Index Assessment as required in Section 2.2.27.9.C.3.;
o. The location and nature of all existing or proposed public facilities (or sites), such as schools,
parks, fire stations and the like;
p. A plan for the provision of all needed utilities to and within the SRA; including (as
appropriate) water supply, sanitary sewer collection and treatment system, stormwater
collection and management system, pursuant to related county regulations and ordinances;
q. Typical cross sections for all arterial, collector, and local streets, public or private, within the
proposed SRA;
r. Agreements, provisions, or covenants, which govern the use, maintenance, and continued
protection of the SRA and any of its common areas or facilities;
s. Development commitments for all infrastructure;
t. When determined necessary to adequately assess the compatibility of proposed uses within the
SPA to existing land uses, their relationship to agriculture uses, open space, recreation
facilities, or to assess requests for deviations from the Design Criteria standards, the
Administrator or his designee may request schematic architectural drawings (floor plans,
elevations, perspectives) for all proposed structures and improvements, as appropriate;
u. Development Document amendment provisions; and,
v. Documentation or attestation of professional credentials of individuals preparing the
,, development document.
DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA
Designation Application. The DRI master plan shall identify the location of the SRA being
designated, and any previously designated SRAs within the DRI.
Design Criteria. Criteria are hereby established to guide the design and development of SRAs to
include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S.
and 0I-5.006(5)(1). The size and base density of each form of SRA shall be consistent with the
standards set forth below. The maximum base residential density as specified herein for each form of
SPA may only be exceeded through the density blending process as set forth in density and intensity
blending provision of the Immokalee Area Master Plan or through the Affordable Housing Density
Bonus a~ referenced in the Dq~n~ity Rating System of the FLUE. The base residential density is
calculated by dividing the total number of residential units in an SRA by the acreage therein that is
entitled through Stewardship Credits. The base residential density does not restrict net residential
density of parcels within an SRA. The location, size and density of each SRA will be determined on
an individual basis, subject to the regulations below, during the SRA designation review and approval
process.
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SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been
established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant
to this Section shall be consistent with the characteristics identified on the Collier County RLSA
Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 6. below.
Collier County RLSA Overlay SRA Characteristics Chart
Typh:al Town* Village llamlet Compact Rural Development
Charaeterislics
Size (Gross 1,000-4,000 acres 100-1,000 acres 40-100 acres** 100 Acres or less** Greater than 100 Acres**
Acres)
Residential Units 1-4 DUs per gross 1-4 DUs per gross acre*** ~A-2 DUs per gross acre*** ½-2 Dus per gross acre*** 1-4 Dus per gross
(DUs) per gross acre* ** acre***
acre base density
Full range of single Diversity of single fiamily and Single Family and limited Single family and limited Single family and limited
Residential family and multi-Pamily multi-family housing types, multi-family multi-family**** multi-family****
ttousing Styles housing types, styles, styles, lot sizes
lot sizes
Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Retail & Office - .5
Civic/Governmental/Ins Civic/Govemmental/Institutio Civic/Govcmmental/Institut Civic/Govcrnmcntal/lnstit Civic/Governmcntal/Insti
Maximum Floor titution -.6 n - .6 ion - .6 ulion - .6 lntioo - .6
Area Ratio or Manufacturing/Light Group ltousing - .45 Group I lousing - .45 Group I lousing - .45 Group t Iousing - .45
Intensity Industrial - .45 Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 Transient Lodging - 26
Group t lousing - .45 net net upa net upa net
Transient Lodging - 26
upa net
Town Center with
Community and Village Center with
Neighborhood Goods Village Center with Convenience Goods and Convenience Goods and Neighborhood Goods and
Goods and and Services in Town Neighborhood Goods and Services: Minimum 10 SF Services: Minimum 10 SF Services in Village
Services and Village Centers: Services in Village Centers: gross building area per DU gross building area per Centers: Minimum 25 SF
Minimum 65 SF gross Mininmm 25 SF gross DU gross buildiug area per
building area per DU; building area per DU DU
Corporate Office,
Manufacturing and
Light Industrial
Centralized or Centralized or decentralized Individual Well and Septic Individual Well and Septic Centralized or
decentralized community treatment system System: Centralized or System: Centralized or decentralized community
Water and community treatment decentralized community decentralized community treatment system
Wastewater system lnterim Well and Septic treatment system treatment system
Interim Well and Septic
Interim Well and Septic
Community Parks (200 Parks & Public Green Spaces Parks & Public Green
SF/DU) with Neighborhoods Public Green Spaces for Public Green Spaces for Spaces with
Parks & Public Green Neighborhoods (Minimum Neighborhoods (Minimum Neighborhoods
Spaces with Active Recreation/Golf 1% of gross acres) 1% of gross acres)
Recreation and Neighborhoods Courses Active Recreation/Goll~
Open Spaces Courses
Active Recreation/Golf I~tkes
Courses Open Space Minimum 35% of Lakcs
Lakes SP, A Open Space Minimum
Open Space Minimum 35% of SRA
35% of SRA
Wide Range of Services Moderate Range of Services - Limited Services Limited Services Moderate Range of
Civic, ~,-minimum 15 SF/DU minimum 10 SF/DU; Services- minimum 10
Government and Pre-K through Elementary Pre-K through Elementary SF/DU;
Institutional Full Range of Schools Full Range of Schools Schools Schools
Services Full Range of Schools
Auto - interconnected Auto - interconnected system Auto - interconnected
system of collector and of collector and local roads; Auto - interconnected Auto - interconnected system of collector and
local roads; required required connection to system of local roads system of local roads local roads; required
Transportation connection to collector collector or arterial connection to collector or
or arterial Pedestrian Pathways Pedestrian Pathways arterial
Interconnected sidewalk and
Interconnected sidewalk pathway system Equestrian Trails Equestrian Trails Interconnected sidewalk
and pathway system Equestrian Trails and pathway system
County Transit Access County Transit Access Equestrian Trails
County Transit Access
*- Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and Policies.
** - Villages, Hamlets, and Compact Rural Developments within the ACSC are subject to location and
size limitations, per policy 4.20, and are subject to Chapter 28-25, FAC.
*** - Density can be increased beyond the base density through the Affordable Housing Density Bonus
or through the density blending provision, per policy 4.7
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**** - Those CRDs that include single or multi-family residential uses shall include proportionate
support services.
Underlined uses are not required uses.
Town Design Criteria. [Reserved[
Village Design Criteria. [Reserved!
Hamlet Design Criteria. [Reserved!
CRD Design Criteria. [Reserved!
Design Criteria Common to SRAs.
a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be
preserved as open space and maintained in a predominantly naturally vegetated state.
b. A minimum of 35% of the SRA land designated as Town or Village shall b'e kept in open
space.
c. SRA design shall demonstrate that ground water table draw down or diversion will not
adversely impact the hydroperiods of adjacent FSA, HSA, WRA or Conservation Land and
will not adversely affect the water use rights of either adjacent developments or adjacent
agricultural operations and will comply with the SFWMD Basis of Review. Detention and
control elevations shall be established to protect natural areas and be consistent with
surrounding land and project control elevations and water tables.
d. Where an SRA adjoins an FSA, HSA, WRA or existing public or private conservation land
delineated on the RLSA Overlay Map, best management and planning practices shall be
applied to minimize adverse impacts to such lands. Best management practices shall include
the following:
(1)The perimeter of each SRA shall be designed to provide a transition from higher density
and intensity uses within the SRA to lower density and intensity uses on adjoining
property. The edges of SRAs shall be well defined and designed to be compatible with the
character of adjoining property. Techniques such as, but not limited to setbacks, landscape
buffers, and recreation/open space placement may be used for this purpose.
(2) Open space within or contiguous to an SRA shall be used to provide a buffer between the
SRA and any adjoining FSA, HSA, or existing public or private conservation land
delineated on the RLSA Overlay Map. Open space contiguous to or within 300 feet of the
boundary of an FSA, HSA, or existing public or private conservation land may include:
natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed
within the first 200 feet, passive recreational areas and parks, required yard and set-back
areas, and other natural or man-made open space. Along the west boundary of the FSAs
and HSAs that comprise Camp Keais Strand, i.e., the area south oflmmokalee Road, this
open space buffer shall be 500 feet wide and shall preclude golf course fairways and other
turf areas within the first 300 feet.
e. Where a WRA is incorporated into the stormwater system of an SRA, the provisions of
Section 2.2.27.9.A.4.b. apply.
rs. Where existing agricultural activity adjoins an SRA, the design of the SRA'must take this
activity into account to allow for the continuation of the agricultural activity and to minimize
any conflict between agriculture and SRA uses.
Infrastructure Required. An SRA shall have adequate infrastructure available to serve the
proposed development, or such infrastructure must be provided concurrently with the demand as
identified in Division 3.15 of the LDC. The level of infrastructure required will depend on the
type of development, accepted civil engineering practices, and the requirements of this Section.
a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA
designation process in accordance with the provisions in Division 3.15 of the LDC in effect at
the time of SRA designation.
b. Infrastructure to be analyzed will include facilities for transportation, potable water,
wastewater, irrigation water, stormwater management, and solid waste.
c. Centralized or decentralized community water and wastewater utilities are required in Towns,
Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized
community water and wastewater utilities shall be constructed, owned, ope. rated and
o
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maintained by a private utility service, the developer, a Community Development District,
other special districts the Immokalee Water Sewer Service District, Collier County Water and
Sewer District, or other governmental entity. This Section shall not prohibit innovative
alternative water and wastewater treatment systems such as decentralized community
treatment systems provided that they meet all applicable regulatory criteria.
d Individual potable water supply wells and septic systems, limited to a maximum of 100 acres
of any Town, Village or CRD are permitted on an interim basis until services from a
centralized/decentralized community system are available.
e. Individual potable water supply wells and septic systems are permitted in Hamlets and may be
permitted in CRDs of 100 acres or less in size.
8. Requests for Deviations from the LDC. The SRA Development Document may provide for
nonprocedural deviations from the LDC, provided that all of the following are satisfied:
a. The deviations are consistent with the RLSA Overlay;'
b. The deviations further the RLSA District Regulations and are consistent with those specific
Design Criteria from which Section 2.2.27.10.J.2. through 5 expressly prohibit deviation; and
c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and
strategies based on principles of innovative planning and development strategies, as set forth
in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(L).
K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to
be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency
of the proposed SRA with respect to these public facilities. Information provided within these
assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality
requirements of Section 2.2.2710.L. Impact assessments shall be prepared in the following
infrastructure areas:
1. Transportation. A transportation impact assessment meeting the requirements of Section 2.7.3
of the LDC, or its successor regulation or procedure, shall be prepared by the applicant as
component of an Impact Assessment Report that is submitted as part of an SRA Designation
Application package~
a. In addition to the standard requirements of the analyses required above, the transportation
impact assessment shall specifically consider, to the extent applicable, the following issues
related to the highway network:
(1) Impacts to the level of service of impacted roadways and intersections, comparing the
proposed SRA to the impacts of conventional Baseline Standard development;
(2) Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the
surrounding transportation system; and
(3) Impacts to agri-transport issues, especially the farm-to-market movement of agricultural
products.
b. The transportation impact assessment, in addition to considering the impacts on the highway
system, shall also consider public transportation (transit) and bicycle and pedestrian issues to
the extent applicable.
c. No SRA shall be approved unless the transportation impact assessment required by this
Section has demonstrated through data and analysis that the capacity of County/State collector
or arterial road(s) serving the SRA to be adequate to serve the intended SRA uses in
accordance with Division 3.15 of the LDC in effect at the time of SRA designation.
2. Potable Water. A potable water assessment shall be prepared by the applicant as a component of
an Impact Assessment Report that is submitted as part of an SRA Designation Application
package. The assessment shall illustrate how the applicant will conform to either Chapter 64E-6,
F.A.C., for private and limited use water systems, or FAC Chapter 62-555, F.A.C., for Public
Water Systems. In addition to the standard requirements of the analyses required above, the
potable water assessment shall specifically consider, to the extent applicable, the disposal of
waste products, if any, generated by the proposed treatment process. The applicant shall identify
the sources of water proposed for potable water supply.
3. Irrigation Water. An irrigation water assessment shall be prepared by the applicant as a
component of an Impact Assessment Report that is submitted as part of an SRA Designation
Application package. The assessment shall quantify the anticipated irrigation water usage
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expected at the buildout of the SRA. The assessment shall identify the sources of water proposed
for irrigation use and shall identify proposed methods of water conservation.
4. Wastewater. A wastewater assessment shall be prepared by the applicant as a component of an
Impact Assessment Report that is submitted as part of an SRA Desie, nation Application package.
The assessment shall illustrate how the applicant will conform to either Standards for Onsite
Sewage Treatment and Disposal Systems, contained in State of Florida in Chapter 64E6, F.A.C.
for systems having a capacity not exceeding 10,000 gallons per day or Chapter 62-600, F.A.C for
wastewater treatment systems having a capacity greater than 10,000 gallons per day. In addition
to the standard requirements of the analyses required above, the wastewater assessment shall
specifically consider, to the extent applicable, the disposal of waste products generated by the
proposed treatment process.
5. Solid Waste. A solid waste assessment shall be prepared by the applicant as a component of an
Impact Assessment Report that is submitted as part of an SRA Designation Appli.cation package.
The assessment shall identify the means and methods for handling, transporting and disposal of
all solid waste generated including but not limited to the collection, handling and disposal of
recyclables and horticultural waste products. The applicant shall identify the location and
remaining disposal capacity available at the disposal site.
6. Stormwater Management. A stormwater management impact assessment shall be prepared by
the applicant as a component of an Impact Assessment Report that is submitted as a part of an
SRA Designation Application Package. The stormwater management impact assessment shall, at
a minimum, provide the following information:
a. An exhibit showing the boundary of the proposed SRA including the following information: (1) The location of any WRA delineated within the SRA;
(2) A generalized representation of the existing stormwater flow patterns across the site
including the location(s) of discharge from the site to the downstream receiving waters;
(3) The land uses of adjoining properties and, if applicable, the locations of stormwater
discharge into the site of the proposed SRA from the adjoining properties.
b. A narrative component to the report including the following information:
(!) The name of the receiving water or, if applicable, FSA or WRA to which the stormwater
discharge from the site will ultimately outfali;
(2) The peak allowable discharge rate (in cfs / acre) allowed for the SRA per Collier County
Ordinance 90-10 or its successor regulation;
(3) If applicable, a description of the provisions to be made to accept stormwater flows from
surrounding properties into, around, or through the constructed surface water management
system of the proposed development;
(4) The types of stormwater detention areas to be constructed as part of the surface water
management system of the proposed development and water quality treatment to be
provided prior to discharge of the runoff from the site; and
(5) If a WRA has been incorporated into the stormwater management system of an SRA, the
report shall demonstrate compliance with provisions of Section 2.2.27.9.A.4.b.
L. SR& Economic Assessment. An Economic Assessment meeting the requirements of this Section
shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum,
the analysis shall consider the following public facilities and services: transportation, potable water,
wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement,
emergency medical services, fire, and schools. Development phasing and funding mechanisms shall
address any adverse impacts to adopted minimum levels of service pursuant to the Division 3.15 of
the LDC.
1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a
whole, will be fiscally neutral or positive to the Collier County tax base, at the end of each phase,
or every five (5) years, whichever occurs first, and in the horizon year (build-out). This
demonstration will be made for each unit of government responsible for the services listed below,
using one of the following methodologies:
a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted and
maintained by Collier County.
b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as
indicated above, the applicant may develop an alternative fiscal impact model using a
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e
methodology approved by Collier County. The model methodology will be consistent with
the Fiscal Impact Analysis Model ("FIAM") developed by the State of Florida or with
Burchell et al., 1994, Development Assessment Handbook (ULI).
The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable
or workforce housing.
Monitoring Reqnirement. To assure fiscal neutrality, the developer of the SRA shall submit to
Collier County a fiscal impact analysis report ("Report") every five years until the SRA is 90%
built out. The Report will provide a fiscal impact analysis of the project in accord with the
methodology outlined above.
Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the
project to a unit of local government referenced above, the landowner will accede to a special
assessment on his property to offset such a shortfall or in the alternative make a lump sum
payment to the unit of local government equal to the present value of the estimated shortfall for a
period covering the previous phase (or five year interval). The BCC may grant a waiver to
accommodate affordable housing.
Special Districts Encouraged in SRAs. The use of community development districts (CDDs),
Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other
special districts shall be encouraged in SRAs. When formed, the special districts shall encompass
ali of the land designated for development in the SRA. Subsequent to formation, the special
district will enter into an Interlocal agreement with the County to assure fiscal neutrality. As
outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose
the necessary remedial assessment on lands in the SRA.
2.2.27.11. Baseline Standards. [Reserved]
Sec. 2.2.32. Santa Barbara Commercial Overlay District (SBCO).
2.2.32.3.9. Sidewalks. Projects shall provide sidewalks so as to encourage pedestrian and bicycle traffic.
Adjacent projects shall coordinate the location and intersection of sidewalks.
Page 38 of 70
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..... ~,. are deleted, words underlined are added
Section 2.2.33.
Bayshore Drive Mixed Use Overlay District
DELETE THIS MAP
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
PR£PARI[0 BY: ~.~PHIC5 AND TECHNICAL ~PP0~r
LEGEND
Page 39 of 70
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INSERT THIS MAP
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
LEG£ND
Page 40 of 70
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.... e,,, are deleted, words underlined are added
Sec. 2.2.33.6. Permitted uses.
b. Amusement and recreation services (groups 7911, 7991, 7999 tourist guides only).
w. Public Administration (groups 9111-9199, 9224 fire protection, 9229, 9311,9411- 9451, 9511-9532,
9611-9611).
y. Repair shops and related services, not elsewhere classified (7699 antique repair and restoration,
except furniture and automotive only, bicycle repair shops only, rod and reel repair). ,
y z_. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289)
z. a__~a. Shoe repair shops and shoeshine parlors (7251).
aa. bb. United States Postal Service (4311 except major distribution center).
bb. c__~c. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree
record services only, all excluding outdoor kenneling).
ce. dd. Videotape rental (7841)
rid, ¢~, Residential with the following limitations: multi-family uses are permitted above commercial
uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore
Drive
2.2.33.24 Residential Subdistrict 3 (R3). The purpose of this district is to allow the development of
mobile home, modular home, townhouses and single-family residences. All new development in this
Subdistrict shall be compatible with the building patterns and faqade articulation of traditional
neighborhood design. The intent is to create a row of residential units with consistent front yard set backs
and access to the street. Development standards for this Subdistrict are the same as those set forth for the
Residential Subdistrict 1, unless set forth below.
2.2.33.24.1. Permitted uses. The following uses are permitted as of right, or as uses accessory to
permitted uses:
a. Single-family dwellings
b. Modular homes
c. Townhouses
d. Mobile homes: As allowed by Section 2.2.10 of this Code unless specified otherwise below.
2.2.33.24.2. Minimum lot width:
Single-family: 40 feet.
Modular homes: 40 feet.
Townhouses 25 feet
Mobile homes 40 feet.
Page 41 of 70
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2.2.33.24.3. Yard requirements. The following yard requirements are in relation to the platted property
boundaries.
Min. Side Min. Rear Yard
Front Yard At
Yard
One (Single)
Family ! 0 feet 5 feet 8 feet
Dwelling
Units
Modular
Dwelling 10 feet 5 feet 8 feet
Units
0 feet when .
Townhouse abutting
another
10 feet 8 feet
townhouse,
if not then
5 feet.
Mobile
10 feet 5 feet 8 feet
Homes
2.2.33.24 2.2.33.25. Residential Neighborhood Commercial Subdistrict (I~VC). The purpose and intent
of this Subdistrict is to allow limited home occupational businesses. Home occupations requirements set
forth in Section 2.6.20, shall apply unless specified otherwise below. Development standards for the
district are the same as those set forth for the residential Subdistrict 2, unless otherwise set forth below.
2.2.33.?..! 2.2.33.25.1. The home occupations permitted include: Accounting (8721), auditing and
bookkeeping (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology
schools, or barber colleges), engineer or architectural services (8713,8712,8711), insurance agents and
brokers (6411), legal services (8111), and real estate agents (6531 except manufactured home brokers, on
site; housing authorities, operating).
2.2.22.24.2 2.2.33.25.2. The home occupation shall be clearly incidental to and secondary to the use
of the dwelling for residential purposes and shall not change the character of the dwelling unit. The
following conditions shall be met:
1. There shall be a minimum of one residential dwelling unit.
2. The resident of the home shall be the owner and oPerator of the home occupation.
3. The home occupation shall not occupy more than 30 percent of the primary residential structure.
The home occupation shall not employ more than two employees at any given time.
5. One wall sign shall be permitted provided it does not exceed 6 square feet in area, and shall not
project more than 4 feet from the building on which the sign is attached.
6. A total of 2 parking spaces shall be provided for clients or customers. Two additional parking
spaces shall be provided for employees, if any. The required parking area or areas shall not be located in
the front yard of the residence.
7. Parking areas shall consist of a dust free surface such as; mulch, shell, or asphalt. A single row
hedge at least 24 inches in height at the time of planting shall be required around all parking areas.
8. There shall be no additional driveway to serve such home occupation.
9. There shall not be outdoor storage of materials or equipment used or associated with the home
occupation.
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2'~ '~'~ "n 2.2.33.26.
(Reserved)
SUBSECTION3.D AMENDMENTS TO DIVISION 2.3 OFF-STREET PARKING AND
LOADING
Section 2.3 Off-street parking and loading, of Ordinance 91-102, as amended, the Collier county
Land Development Code, is hereby amended to read as follows:
DIVISION 2.3 OFF-STREET PARKING AND LOADING
Sec. 2.3.16. Off-street parking and stacking: required amounts.
Minimum off-street parking space requirements are set forth below. Where stacking is required, the
amount listed does not include the first vehicle being serviced. A minimum of five spaces shall be
provided preceding the first menu board or order station, for restaurants with~,,_,,tc^~ drive-in windows. For.
all other stacking uses, stacking starts ten feet behind the middle of the pickup window) and is computed
at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway).
Stacking for one lane may be reduced if the reduction is added to the other lane(s).
Sec. 2.3.19. Off-street loading: reservation.
Areas reserved for required off-street loading in accordance with the requirements of this Code shall not
be reduced to [in] area or changed to any other use unless the permitted or permissible use that it serves is
discontinued or modified or equivalent required off-street loading is provided in accordance with the
requirements of this Code. The areas immediately fronting an overhead door(s) shall not be counted
towards meeting the off-street parking requirements of this Code.
SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.4, LANDSCAPING AND BUFFERING
Division 2.4. Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as £ollows:
Sec. 2.4.3. Procedures.
DIVISION 2.4. LANDSCAPING AND BUFFERING*
* * *
2.4.3.6. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform,
natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall
be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices
ti ~/~-~/n.~¥, of the National Arborist Association. Trees shall not be severely pruned in order
ANSI A300
to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by
the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e.
views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts).
Sec. 2.4.6. Minimum landscaping requirements.
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2.4.6.5. Littoral zone planting. All developments that create lake areas shall provide littoral zone
v ........ o ......... ~ .... , ,,,~ ....... ~ .......................... .h-sec-non 3 ..... a littoral shelf anting
area in accordance with section 3.5.11.
SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.5., SIGNS
Division 2.5. Signs, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.6. Signs exempt from permitting as follows:
2.5.6.22.
One sign indicating only the business's or establishment's operational status at that time may be
installed and illuminated inside that business or establishment, provided said sign (1) does not exceed
2.25 square feet in total size, (2) has a cabinet enclosed on all sides, (except for signs illuminated
with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for
,ign$ illuminated with gas filled 1;ubir~g ak0~ "neon"). The only allowable illumination source(s~ for
said sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas
filled tubing (aka "neon), The illumination source must not fi.ash, fade, or increase in brightness, or
change color. Nothing in this provision is to be construed to allow a sign that would otherwise be
prohibited by this Code.
Sec. 2.5.7. Prohibited Signs as follows:
2.5.7.30. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the
outside. Signs that comply with the provisions of Section 2.5.6.22. of this code are exempt from this section.
SUBSECTION 3.G. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL DISTRICT
REGULATIONS
Division 2.6., Supplemental District Regulations, of Ordinance No. 91-102, as amended, the
Collier Coumy Land Development Code, is hereby amended to read as follows:
DIVISION 2.6. SUPPLELMENTAL DISTRICT REGULATIONS
Sec. 2.6.4. Exceptions to required yards.
2.6.4.1.4. Fire escapes, stairways, and balconies which are unroofed (except as otherwise permitted
within this section) and unenclosed shall not project over five feet into a required side or rear yard and
three feet into a front yard of a multiple-family dwelling, hotel or motel and not over three feet into a
required front, side or rear yard of a single-family residential dwelling. Regardless of the extent of
encroachment, the minimum requirement for separation of structures shall be maintained.
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2.6.4.2. Minor after-the-fact yard encroachments.
2.6.4.2.1. Minor after-the-fact yard encroachments may be approved administratively by the
development planning services director. For the purposes of this subsection, minor yard encroachments
shall be divided into two three classifications:
1. Structures for which a building permit has been issued and is under review, but for which a certificate
of occupancy has not been granted. The dm,~Mopmem planning services director may administratively
approve minor after-the-fact yard encroachments of up to 5 percent of the required yard, not to exceed a
maximum of 6 inches. For single-family, mobile/modular homes, duplex, and two-family dwelling units
only, in the presence of mitigating circumstances, where the encroachment does not result from error or
action on the part of the applicant, the planning services director may administratively approve
encroachments of up to 25 percent of the required yard.
2. Structures for which a building permit and certificate of occupancy or a final development order has
been granted. The de,,,~dopa'~t planning services director may administratively approve minor atqer-the-
fact yard encroachments of up to ten percent of the required yard which requirement was in effect as of
the date on which the certificate of occupancy or final development order was issued, not to exceed a
maximum of two feet. For single-family, mobile/moduktr home, duplex, and two-family dwelling units
on/):, the planning services director may administratively approve minor after-the-fact yard
encroachments of up to 25 percent of the required yard which requirement was in effect as of the date on
which the certificate of occupancy or final development order was issued.
3. Single-family, duplex, and two-family dwelling units only for which no building permit record can be
produced. Provided that all of the following criteria are met, the planning services director may
administratively approve minor after-the-fact encroachments of up 25 percent of the required yard
- the encroaching structure, or portion of the structure, was constructed prior to the purchase of
the subject property by the current owner
- evidence is presented showing that the encroaching structure, or portion of the structure, was
constructed at least two (2) years prior to the date of application for the administrative variance. This
evidence may be in the form of a survey, property card, or dated aerial photograph clearly showing the
encroachment.
- the encroaching structure is either an addition of living area to a principal structure, or an
accessory structure of at least 200 square feet in area
- the encroachment presents no safety hazard and has no adverse affect on the public welfare
- an after-the-fact building permit for the structure, or portion of the structure, is issued prior to
the application for the administrative variance. The administrative variance will only be approved once
all inspections have been completed, and the certificate of occupancy will be issued once the
administrative variance has been approved.
-3.Under no ~:ircumstances shall any administrative variance be approved which would allow a reduction
of the separation between structures to less than ten (10) feet. Administrative variances approved
pursuant to the above do not run with the land in perpetuity and remain subject to the provisions of
section 1.8.10 non-conforming structures.
Page 45 of 70
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must 5c .... :..~4 .,,;+k ~ de'.4ec to hold
,,.l,.,,i~l.,
...... ~ ..... $~-,~ag~ zoning
I
")/;1(/I
Page 46 of 70
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In
thc case ~-~ a commercial u~e ~'"" solid
a~rove~~v~ ~J~" ,,,~ ~-111~- ~ ..... *" 8~id
Sec. 2.6.15. Solid Waste Collection and Disposal
Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in the form of bulk
container service (garbage dumpsters and/or compactors) for all commercial and industrial
establishments, unless authorization for alternative means of disposal is approved by Collier County
Utility Billing and Customer Service. Bulk container service shall be required for all multi-family
projects not receiving curbside pickup. Solid waste disposal shall be required in the form of curbside
pickup for all units on the Mandatory Trash Collection and Disposal roll. Ali individual units within a
deed-restricted area must have an enclosed location other than the residential structure, such as a carport
or garage for the storage of individual solid waste containers, or as otherwise permitted below.
2.6.15.1. Trash container location requirements. All trash or recycle receptacles shall be located so as to
be easily accessible to the residents and the solid waste hauler. Dumpsters and their enclosures may be
located within a required yard provided that they do not encroach into a required landscape area and that
there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. For multi-
family residential developments having more than one structure, no dumpster shall be located more than
250 feet from the structure that it is intended to serve. All projects subject to the provisions of LDC
Division 2.8 shall locate trash containers in accordance with the relevant provisions of that Division.
2.6.15.2. Access to trash containers. The access approach to the container should be sufficient to
accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius
of S0 feet when directly accessing a public street. Containers and enclosures shall be placed such that the
accessing vehicles are not required to maneuver in the adjacent travel lanes of any street. When backing
maneuvers are required to permit the vehicle to exit from the container, provision shall be made to
provide an apron at least 10 feet wide and 60 feet in length adjacent to the container.
2.6.15.3. Container quantities. In the case of multi-family developments and commercial and industrial
businesses that do not receive curbside service and choose to use dumpster service, at least one standard
size bulk container (garbage dumpster) shall be required for trash disposal. Prior to site development
plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility
Billing and Customer Service to estimate the number and sizes of bulk containers needed.
2.6.15.4. F_~closure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of
12 X 12 feet for each standard garbage dumpster contained inside. If equipped with gates, the clear
opening dimension shall be a minimum of 12 feet, and the gates must be provided with a devise to hold
them open.
2.6.15.5. Container screening. Except as noted below, all containers shall be screened on at least three
sides from view of adjacent property owners and from adjacent streets on the first-floor level. All
enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to
height limitations for fences, provided that the vision of motorists on adjacent streets remains
unobstructed. Screening may be exempted 1) in I (Industrial) zoning, so long as the containers are
located more than 200 feet from residentially zoned or used property, ~lnd are not located within front
yards: 2) in A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and 3) c!uring
~onstruction in 0.11 zoning districts, $creqming material shall consist of a wood fence, concrete block and
Stucco wall, brick wall, masonry wa!l, or walls of similar material. For only those projects subject to the
provisions of Division 2.8, trash enclosure walls or gates made of chain link or wood are not acceptable.
Page 47 of 70
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2.6.15.6. Compactors. Multi-family developments may substitute garbage compactors for garbage
dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for
individually owned multi-family units (condominiums), compactor service may only be implemented by
the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or
dumpster service to compactor service may only be achieved through a majority vote by the
homeowner's association); for multi-family developments containing more than one structure, the
property owner may implement compactor service at any time, so long as the compactor has the capacity
to accept an item of furniture having dimensions of up to 3 X 12 feet.
2.6.15.7. Curbside pickup. The Utility Billing & Customer Service Director, or his designee, may
approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family
developments provided that the following criteria are met. Multi-family rental units must provide
dumpsters or a compactor. Condominium developments may substitute curbside Pickup for dumpsters or
compactors so long as satisfactory documentation is presented to the Utility Billing & Customer Service
Department that 1) the subject condominium association has voted in the majority to eliminate the use of
dumpsters or compactors in favor of curbside pickup for all or part of the development, 2) there is
adequate access to facilitate curbside pickup, and 3) all individual units have an enclosed location other
than the residential structure, such as a carport or garage, for the storage of individual solid waste
containers.
2.6.33. Temporary construction and development permits.
2.6.33.3. Temporary construction and development permits. During the construction of any
development for which at least a preliminary development order has been granted, as required below, the
developer may request a temporary use permit for the below-listed activities. The temporary use permit
shall be granted initially for a period not to exceed 24 months in duration and may be renewed annually
based upon demonstration of need and payment of fee. A request for renewal shall be submitted to the
planning services director in writing 30 days prior to the expiration of the temporary use permit.
Temporary construction and development permits shall be allowed for the following uses:
1. Temporary offices to be used for construction, and administrative functions within the development.
2. Permits for temporary offices for single-family residential developments may be issued under the
following circumstances:
a~ Where the same developer or licensed building contractor performing the work has obtained a valid
building permit to construct three or more homes in the same development.
b. Where a developer, owner-builder, or licensed building contractor performing the work has obtained a
building permit for the construction of one single-family home which exceeds 2,500 square feet of air
conditionedxfloor area and that a letter of justification of need is submitted to, and approved by, the Planning
Services Director _(limited to one office).
c_. The temporary offices shall be removed within 30 days of the issuance of a certificate of occupancy
for the last home to have been issued a building permit.
[Renumber remaining sections from 2. through 10., as 3. through 11.]
SUBSECTION 3.H.
AMENDMENTS TO DIVISION 2.7., ZONING ADMINISTRATIONAND
PROCEDURES
Division 2.7., Zoning Administration and Procedures of Ordinance 91-102, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Page 48 of 70
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Sec. 2.7.1. General ~
Sec. 2.7.2. Amendment procedures.
2.7.2.16.1. ~lpplicabili~. All applications for a rezoning whether submitted before or after [the
effective date of this ordinance], shall comply with the processing time procedures set forth in section
2.7.2.16 of this code.
Sec. 2.7.3. Planned unit development (PUD) procedures.
2.7.3.4.1. For PUDs approved prior to October 24, 2001 the landowt~er(s) shall:
A. Obtain approval for improvements plans or a development order for all infrastructure
improvements to include utilities, roads and similar improvements required by the approved PUD master
Plan or other development orders for at least 15 percent of the gross land area of the PUD site every five
years from the date of approval by the board of county commissioners; and
2.7.3.9.1. All applications for a PUD rezoning or an amendment to an existing PUD document or
PUD master plan whether submitted before or after [the effective date of this ordinance]~ shall comply
with the processing time procedures set forth in section 2.7.3.9 of this code.
Sec. 2.7.4. Conditional uses procedures.
2.7.4.11. Conditional Use application processing time. An application for a conditional use will be
considered "open" when the determination of"sufficienc¥" has been made and the application is assigned
a petition processing number. An application for a conditional use will be considered "closed" when the
petitioner withdraws the subject application through written notice or ceases to supply necessary
information to continue processing or otherwise actively pursue the conditional use, for a period of six
(6) months. An application deemed "closed" will not receive further processing and shall be withdrawn
and an application "closed" through inactivity shall be deemed withdrawn. The Planning Services
Department will notify the applicant of closure, however, failure to notify by the County shall not
eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by
submitting a new application, repayment of all application fees and granting of a determination of
"sufficiency~'. Further review of the request will be subject to the then current code.
2.7.4.11.1. Applicabili_ty. All applications for conditional use whether submitted before or after [the
effective date of this ordinance], shall comply with the processing time procedures set forth in section
2.7.4.11. of this code.
Sec. 2.7.5. Variance procedures.
2.7.5.15. Variance application processing time. An application for a variance will be considered
"open" when the determination of"sufficiency" has been made and the application is assigned a petition
processing number. An application for a variance will be considered "closed" when the petitioner
withdraws the subject application through written notice or ceases to supply necessary information to
continue processing or otherwise actively pursue the variance, for a period of six (6) months. An
application deemed "closed" will not receive further processing and shall be withdrawn and an
application "closed" through inactivity shall be deemed withdrawn. The Planning Services Department
· will notify the applicant of closure, however, failure to notify by the County shall not eliminate the
Page 49 of 70
Words ......... e,,, are deleted, words underlined are added
"closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new
application, repayment of all application fees and granting of a determination of"sufficiency". Further
review of the request will be subject to the then current code.
2.7.5.15.1 Applicability. All applications for a variance whether submitted before or after [the
effective date of this ordinance], shall comply with the processing time procedures set forth in section
2.7.5.15. of this code.
SUBSECTION 3.I. AMENDMENTS TO DIVISION 3.2, SUBDIVISIONS
Division 3.2.8.2, of Ordinance No. 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.8. Improvement plans. ***
3.2.8.2. Improvement plans submission requirements. The improvement plans shall be prepared on
24-inch by 36-inch sheets and well as being digitally created on one or more CDROM disks. Ali data
shall be delivered in the North American Datum 1983/1990 (NAD83/90) State Plane coordinate system,
Florida East Projection, in United States Survey Feet units; as established by a Florida Professional
Surveyor & Mapper, in accordance with Chapters 177 and 472 of the Florida Statutes, All information
shall meet Minimum Technical Standards as established in Chapter 61G17 of the Florida Administrative
~1~;~ .... ; ~+~ .......... ~ ....... All ;~C
~ Files shall be in a Digital Exchange File (D~) format; information layers shall have common
naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.).. Ail
M~II !~ ...... ;~fiA *- must construct
3.2.8.3 17. Sidewcdksr and bike lanes and t,;~,~ ~,ho The developer ........
sidewalks ~- ~;~ .... "-~ and bike lanes where applicable, as described below, untes~se-exempted
Applicabilit},: For all districts, Ssidewalks ~ and bike lanes shall must be constructed contiguous
to public ah}l private roadways, which are adjacent to and/or internal to the site, in conformance with the
1. Bike lanes shall must be provided on both sides of collector and arterial streets.any str¢ct classified
,.:, .... ,~, ....... c~+: ....:~"' ~'~" must be provided on both sides of
2. Sidewalks six feet in width or .... v ......................... , ......
collector and arterial streets.
3. Sidewalks-or-bik~-pmhs-five feet in width, shall must be provided on both sides of local streets.
.... v, as follows
4. For multi-family site development and site improvement projects, districts RT, RMF-6, RMF-12, and
RMF-16 and all multi-family residential components of PUD districts; sidewalks, five feet in width, must be
provided on both sides of local streets with a dedicated public right-of-way or roadway easement. Where
there is no public right-of-way or roadway easement, sidewalks must connect on-site residential building(s)
Page 50 of 70
Words gL"ack *~ ..... ~'
.... ~,. are deleted, words underlined are added
to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of-way line in accordance with
Code standards contained herein. Should a two-directional shared use path be utilized, the minimum paved
width must be 10 feet.
5_.4:A11 sidewalks,--bike-pafl~ and bike lanes along public and private roadways shall must be constructed in
accordance with design specifications identified in section 3.2.8.4.14. and division 2.8 of this Code.
f. Criteria ......... + to m ...... ;~;~-. of ~ '"
~, ............ v ............ eerie,, 3.2.72.
ho
purposes,.~.~-,,~.., v .....b ~hs ~..~ ..... may .~ exempt
7.6~ Developments providing interco~ections to existing and future developments pursuant to the density
rating system section of the Collier County gro~h management plan's future land use element, shall must
include sufficient right-of-way to accommodate the roadway, sidewalks, ~ and bike lanes, where
required. ~ ~bike lanes and sidewalks shall must be constructed concurrently with the roadway
interconnection.
~ Where planned right-of-way improvements by the County Transpo~ation Division scheduled in the
' /~;! ....
capital improvements program (C~) would cause the removal of any s~dewalks ..... ~ .....or bike lanes
r~. ,~ .... :~-* :-: ..... ~ the developer, in lieu of const~ction o~ the required sidewalks~ and
bike lanes, sh:!! must provide ~nds For the cost o~ sidewal~ and bike lane const~ction a~
defined by the Schedule of Development of Review and Building Permit Fees into a pathway fund
........ ~ ~-' +~ * ...... ~"+: ....... :-~" ~;'~-* ~~, For future const~ction of required
sidewalks/~ and bike lanes, by the county. The time frame for this funding option is two years
from th~ dat~ of issuanc~ oEth~ first buildin~ p~rmit to th~ data that t~e road construction ia mq~ir~d to
be bid.
Page 51 of 70
Words s.'.mc...~oug,, are deleted, words underlined are added
3.2.8.4.14 Sidewalks ~,~t ~,;t,~.,~,ho
......... ,~ ...... Ali sidewalks amt-bihepaths shall be constructed of Portland
cement concrete, or paver brick, ~, *~ ~h .... , ....~. ~:~ .... 1~ ~,~ :. ,~ ~,,~, ~
~ .... ~ by ........ di~ ~~~on ....... ,
~v ............... ~ ............... ~ in conformance with
~e ....... igustm~ on the standard right-of-way cross sections contained in appendix B in locations
illustrated on an approved site development plan.
1. Concrete sidewalks o~bikepat~ shall be four-inch-thick, Portland cement concrete with a 28-day
compressive strength of 3,000 psi. Expansion joints shall be one-half-inch preformed bituminous
conforming to the latest edition of ASTM. Contraction joints shall be saw-cut joints with longitudinal
spacing equal to the width of the walk. The saw cut depth shall equal or exceed one-forth the concrete
thickness. All workmanship materials, methods of placement, curing, forms, foundation, fioishing, etc.
shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge
Construction, section 522. Paver brick, sidewalks, or paver brick accents in sidewalks must be installed
over a four inch thick, compacted limerock base.
4-2~ All bieyete bike lanes shall be designed, constructed, and signed in accordance with the most
9urr~nT "Florida Bicycle Facilities Design Standards and Guidelines" reqqirgments_have aisnase and be
0;,4 ..... !1~/I-.;I .... +[. +~ I-.~ A .... i~A ...... ;,4~ .-.g' i-[.~ o+~,:,,,:,,* ,-.~A ,I-l~,> oi,4 .... all. Il.il ....
.~.~-;.,,.-. ..... ,g .... ~, o;A~ ~r ~ o*.~,,,+ lc'.-..,. +h~ l~fl~i-i. ~.r' +[.~ ~+~. +[,~ o;A,> .... 11.
the ,4-,': .... :+^-:~ ,4 .... 11...,4; .... ,;.. -,1 o 0 4 I 4 .,.,4 4;.,;,.;,.-.,.. "9 0 ..-..r'~-l.;.-, t'"'.--.4.
SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.3. SITE DEVELOPMENT PLANS
Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier
County Land Development Code is hereby amended to read:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Sec. 3.3.3. Applicability.
All development, except as otherwise provided herein, is subject to the provisions of this division. The
provisions of this division shall not apply to the following land use activities and represents the sole
exceptions therefrom:
1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise
provided at section 2.6.27 (cluster development).
2) Underground construction; utilities, communications and similar underground construction type
activities.
3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-
houses where a preliminary work authorization has been entered into with the county except where a site
alteration permit is required by this Code.
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4) Construction trailers and storage of equipment and materials following issuance of a building permit
for the use to which said activities are a function of, except as otherwise provided by section 2.6.33.
5) Model homes and sales centers, except as otherwise provided by section 2.6.33.
6) Project entryway signs, walls, gates and guardhouses.
7) Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36"
sheet, ali site clearing; improvements, including fences and walls, playground equipment, walkways~
picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the
purposes of review fees only, this plan shall be treated as a Conceptual Site Development Plan, and the
applicable review fee shall apply.
Minimum landscape buffering. Under certain circumstances with neighborhood parks, there
may be underlying health, safety and welfare concerns that necessitate deviation from the
buffering required in Section 2.4. The planning services director will determin.e, on a case-by-
case basis, whether such deviation is necessary. This determination will be made upon a
request for determination from the Applicant, which must include all reasons that would
justify the deviation. The planning services director will use factors including, but not limited
to, the following when making a determination for deviation:
The geographic location of the neighborhood park;
The effects that a lack of buffering will have on neighboring uses; and
The need to ensure that the public safety is maintained by providing law
enforcement and other policing entities clear view of the activities occurring on the
park premises.
While the above land use activities shall be exempt from the provisions of division 3.3, these land use
activities are subject to all other provisions of the Land Development Code such as but not limited to
landscaping (with the exception of 7), as listed above), tree removal, development standards and the
submission requirements attendant to obtaining temporary use and building permits.
Sec. 3.3.7. Site development plan review (SDP) procedures.
[3.3.7.1.2 ¢~] C. Digital requirements for site development plans. A site development plan shall also be
digitally created on one or more CDROM disks. Ali data shall be delivered in the North American Datum
1983/1990 (NAD83/90) State Plane coordinate system, Florida East Projection, in United States Survey Feet
units; as established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and 472
of the Florida Statutes. All information shall meet Minimum Technical Standards as established in Chapter
61G17 of the Florida Administrative Code.
d~mens~on error of +/ 0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers
shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
F. OP
Ail
___, etc. --- r ........................................
[Renumber Sub-section 3.3.7.1.9.6.. through .13. (following Illustration 2), as Sub sections 7. through
14., including the re-numbering in the sub-section immediately following]
3.3.7.1.9.-1-2-.~13 Sidewalks attd bike lanes -,,~,-"~ .--.,-~-~.,,,-,.~"~'~"~'t'° For all projects required to be developed
through the site development plan (SDP) process, the developer ~' k ...... :~ ,~
.......... '1 ....... must c0nstmct
sidewalks ~ and bike lanes where applicable, as described below, unless othc~;isc cxcmp~
Page 53 of 70
Words struck through are deleted, words underlined are added
Applicability: For all districts, 8sidewalks or .... v ..... , and bike lanes shall must be constructed
contiguous to public and private roadways which are adjacent to and/o__x internal to the site, in
conformance with the c~. .... :-~ criteria described below:
a. Sidewalks, six feet in width,,.,,~'" ~':~,,,,,,,v,,-,o+~' ....... o,,,,.,, ,,,,.,c~+ ,,,: .... -,,,,,:'~+~' o,,,,,,o~'~u must be provided on both sides of
collector and arterial streets.
b. Sidewalks, or ~':~ .... ,ko five feet in width, o~,~,u must be provided on both sides of local streets
except ~ c... ......
~..~:.,:o: .... ~ ~cre .......... v ......................... granted ...... v
SI.it,,,.*,,,,,.,,,,.,,,, ,.*,,,.- YV +1-,^ A .... I ..... ,e ,,,,~l., ~,,I-.A;,,iM ............... ,.,.,, +1~ +~ +1-, ....
,
c. Bike lanes must ~haH be provided on both sides of collector and arterial streets, any ~t~e.e~
higher-than a4oc~at-str-ee~oHec4or, arterial):
d~ For multi-family site development and site improvement projects, districts RT, RMF-6, RMF-12,
and RMF-16 and all multi-family residential components of PUD districts; sidewaiks~ five feet in width,
must be provided on both sides of local streets with a dedicated public right-of-way or roadway
easement. Where there is no public right-of-way or roadway easement, sidewalks must connect on-site
residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of-way
line in accordance with Code standards contained herein. Should a two-directional shared use path be
utilized, the minimum paved width must be l0 feet.
de. All sidewalks, ~';~,-,,-,.v-,,,~*~'° and bike lanes along public and private roadways o,,,,,~'"" must be
constructed in accordance with design specifications identified in section 3.2.8.4.14. and division 2.8 of
this Code.
de sac.
^- , ....scap,,, ........... so~ening Of ...... + ....] j ; .... CO
~;-: .... + .......... + such ,.. ^ ..... +;^" if +~'~ ~* .... *: ....... ,~ c..-~,;~.~n ....... + .......
Sf~.,4 ..,4 ,, of +1., ...... +,, k;I ............ +~,-,', ;-+ ........ + .... ;+k +h~ ~1~+; ........... A ..... +., 1.,;I ........
~_f. Developments providing interconnections to existing and future developments pursuant to the
density rating system section of the Collier County growth management plan future land use element,
sh&!! must include sufficient right-of-way to accommodate the roadway, sidewalks, bik-e-4anes
~.:~ .... ok. and bike lanes, where required. ~ Bbike lanes and sidewalks shah must be
constructed concurrently with the roadway interconnection.
hg. Where planned right-of-way improvements by the County Transportation Division scheduled in the
county's capital improvements program (CIP) would cause the removal of any sidewalks/bikepaths or
bik ..... :'~" u,,+1.;~ /'"~,4 .... ;+1.;. + .... ~.1 ...... ~,~11 .... ;.~ +k~ ~,.~.I ; .... 1-,;,-,1-,
e lanes ,,.,~ ......7 ............................ 7 .............. t5 ..........)'ear
~.,,n.~ ...... ;. r....~ .... ;~.. :~ ; ..... .~ the developer, in lieu of construction of the required
Page 54 of 70
Words s~'-~¢k ok ..... k
.... ~,. are deleted, words underlined are added
sidewalks ..... ~, ..... and bike lanes, shall must .provide funds for the cost of sidewalk/bikepa~ and bike
lane construction as defined by the Schedule of Development Review and Building Permit Fees and
deposit the same into a pathway fund approved by '~'~ ' ...... "+~*; .......,,,~,~,,;"~ ~;,-~,~,, .... ~,;~ ~,o; .... for
future construction of required sidewalks/-b~kepaths and bike lanes, by the county. The time frame for
this funding option is two years from the date of issuance of the first building permit to the date that the
road construction is required to be bid.
Sec. 3.3.9. Amendments;and insubstantial changes.
Any proposed change or amendment to a previously approved site development plan shall be subject to
review and approval by the planning services director. Upon submittal of a plan clearly illustrating the
proposed change, the planning services director shall determine whether or not it constitutes a substantial
change. In the event the planning services director determines the change is substantial, tl~e applicant
shall be required to follow the review procedures set forth for a new site development plan. A substantial
change, requiring a site development plan amendment, shall be defined as: 2.3.9. !. Aany change which
substantially affects existing transportation circulation, parking or building arrangements, drainage,
landscaping, buffering, identified preservation/conservation areas and other site development plan
considerations_.; or
The planning services director shall evaluate the proposed change in relation to the following criteria; for
purposes of' this section, the insubstantial change procedure shall be acceptable where the Following
conditions exist with respect to the propose change:
5.
6.
7.
There is no South Florida Water Management District permit, or letter of modification, needed for
the work and there is no major impact on water management as determined by the engineerin~
director.
There is no new access proposed from any public street however minimal right-of-way work may
be permitted as determined by the transportation planning director.
There is no addition to existing buildings (air-conditioned space) proposed however a maximum
area of 300 square feet of non-air-conditioned space used for storage, or to house equipment, will
be permitted.
There is no proposed change in building footprint or relocation of any building on site beyond that
needed to accommodate storage areas as described in number 3 above.
The change does not result in an impact on, or reconfiguration of, preserve areas as determined by
the Environmental Services Director.
The change does not result in a need for additional environmental data regarding protected species
as determined by the Environmental Services Director.
The change does not include the addition of any accessory structure that generates additional
trat'T~ as determined by the Transportation Planning Director, impacts water management as
determined by the Engineering Director, or contains air-conditioned space.
The change does not trigger the requirements of Division 2.8 as determined by the planning
services director.
There are no revisions to the existing landscape plan that would alter or impact the site
development plan (as opposed to only the landscape plan) as determined by the landscape
architect.
SUBSECTION 3.K. AMENDMENTS TO DIVISION 3.5. EXCAVATIONS
Division 3.5., Excavations, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.5 EXCAVATIONS
Page 55 of 70
Words sWack through are deleted, words underlined are added
Sec. 3.5.7. Construction requirements for the construction of excavations.
3.5.7.2.4. Exceptions to the side slope requirements that may be justified by such alternatives as artificial
slope protection or vertical bulkheads shall be approved in advance by the site development review director,
where justification shall be documented in a design analysis prepared by a professional engineer registered in
the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline lengths-but
35725 For
shall ~'- - ~;":~" ,-~ 4' ~t '~* ...... ' ~
The c~u .... ; .... :,,,;, ok~ll k~ *~ ,~;.,; .... d ........... tt~,, ~O ........ ZOR~
K Ar, ..... ,,1 ...,,,...;+~;~ ..~.~- o1~,,11 I~ .g' ...... A~,4 + .... ..,I; ......... ; ....... ; ...... +~1 ~+~,eie ...+11
......... , ,^ ,k .......... of ~""+;"'"' '~ t: in ,.,111 be ired ....... I^.1 .... ,4
.~..mp ....... " .... , .... of
l" .... Sl,...,,,o "'""'
l-' ................................. roqu
be. came
· .,o,,~.-,,,,,.,,.,,~ ,,,,,,,,, ,,,,-, ,,.,,--,-.. ~.,,'-, ~,,-,,.,,,~,,,'-',~ ,,,,.,J '..',,,./ ~".' ,,.,,,~,,..,,..,.,_ ~,,,., w,.,,~.,~ff LlpO~, ,,.,,,
3.5.7.3.2. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur
in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at
least six feet below ~ ........... ~ ' ........ *-~ ~ .... ~ dry season water table.
Page 56 of 70
Words ......i. ,~. ..... u
.......... ~.. are deleted, words underlined are added
3.5.7.8. Non-water management system lakes. Non-water management system lakes of a surface area of one
acre or less, may be riprapped along their entire shoreline under the following conditions:
a. Side slopes shall be at a minimum ratio of two to one.
Littoral shelf areas must conform to section 3.5.11.
c. Riprapping must extend down to the slope breakpoint required by section 3.5.7.2, LDC.
d. The lake shall have protective barriers to prevent vehicular access where necessary.
e. The lake shall meet all of the design requirements of section 3.5, LDC.
3.5.7.9. Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e.
changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000
additional cubic yards), must be submitted to project plan review for review and approval, with such
approval granted in writing prior to commencement of any proposed change. Littoral shelf areas must
conform to section 3.5.11.3. Failure to comply with the permit requirements shall be cause for the
development services director to issue stop work orders on all excavation related activities taking place or
planned for the subject property. Insubstantial changes shall not require prior written approval and shall
include reductions in surface area not affecting water management design quantities of material to be
removed. A written description of proposed insubstantial change, including an illustrated as-built as per the
excavation permit, to any approved excavation shall be submitted in writing to project plan review and to the
development compliance department.
3.5.7.10.11. Littoral zone plantings
must conform to subsection 3.5.7.2.5.11.
Sec. 3.5.10. Performance guarantee requirements.
3.5.10.2. The performance guarantee shall be executed by a person or entity with a legal or financial
interest in the property and shall remain in effect until the excavation and the requirements of section
3.5.11 is are completed in accordance with this division. Performance guarantees may be recorded in the
official records of the county and title to the property shall not be transferred until the performance
guarantee is released by the development services director.
See. 3.5.11 Littoral Shelf Planting Area (LSPA). The purpose and intent of a littoral shelf planting
area CLSPA) is to establish a planted area within an excavated lake that will support wetland plants,
improves the water quality within the lake and provides habitat for a variety of aquatic species including
wading birds and other waterfowl. Contained within an excavated lake, this area will typically function
as a freshwater marsh. Accordingly, the following requirements have been established in order for the
LSPA to be designed and maintained to accomplish this stated purpose and function.
3.5.11.1 Design Requirements.
3.5.11.1.1 Area Requirements. The total area of the LSPA shall be calculated as a percentage of the total
area of the lake at control elevation. Area requirements vary within the County and are as follows:
a. Rural Fringe Mixed Use District - Reserved;
b. Ail other areas -7 percent.
3.5.11.1.2 Location Criteria. Unless otherwise allowed for, the LSPA shall be concentrated in one
location of the lake(s), preferably adjacent to a preserve area, in order to maximize its habitat value and
Page 57 of 70
Words .......... ~,.. are deleted, words underlined are added
minimize maintenance efforts. Multiple locations for meeting the LSPA area requirement within a single
lake shall be allowed as long as a single LSPA is no smaller than 1,000 square feet. Whenever possible,
the LSPA should be located away from residential lots in order to avoid maintenance and aesthetic
conflicts with residential users, and the LSPA shall be located adjacent to control structures or pipe
outlets or inlets in order to maximize water quality benefits. However, the LSPA shall be located no
closer than 20 feet from any discharge structure or pipe intake so as to not impede flow. If the LSPA is
located around a discharge structure, the 20-foot setback shall extend waterward of the discharge
structure to a point in the center of the lake. For interconnected lake systems, the total required area of the
LSPA for all lakes may be configured within a single lake and at one location.
3.5.11.1.3. Shelf Elevation. The design elevation(s) of the LSPA shall be determined based on the ability
of the LSPA to function as a marsh community and on the ability of selected plants to tolerate the
expected range of water level fluctuations. Generally, marsh communities in this area have a
hydroperiod of between 6 and 10 months. Wet seasonal water levels range from 12 to 24 inches above
ground elevation. Dry seasonal water levels are 6 inches below ground elevation for an average year and
46 inches below ground elevation for a 1 in 10 year drought. The design of the shelf may deviate from
these reference values if site-specific data and information is presented that supports the proposed
elevations.
3.5 11.1.4. Shelf Configuration. The LSPA shall be designed so that the slope of the shelf is as flat as
possible. An undulating bottom allowing for shallow pooling during the dry season is encouraged.
Shelves may be terraced to provide for varying elevations for different plant species. The area
requirements specified in 3.5.11.1.1 shall only be satisfied by those areas planted on a shelf that has an
average slope of 8:lot flatter. Shelves having undulating bottoms and terraced configurations shall be
deemed to meet the slope requirements if the average slope across the shelf is 8:1 or flatter.
3.5.11.1.5. Plant Selection and Specifications. Plants shall be selected based on the expected flooding
durations and maximum water depths for which the selected plants can survive. The LSPA shall be
initially planted with at least three different species of native, nursery grown or otherwise legally
obtained vegetation. No species shall constitute more than 50 percent of coverage, and at least one
species shall be herbaceous. Spacing shall be no more than: 20 feet for trees; 5 feet for shrubs; and 36
inches on center for herbaceous plants. At the time of planting, minimum size shall be: 3 gallon
(minimum 4 feet high) for trees; 1 gallon for shrubs and 12 inches for herbaceous plants. Clustering of
plants shall be allowed to provide for scattered open areas as long as the open areas do not constitute
more than 20 percent of the required shelf area and the elevations of the open areas are at least a foot
deeper than the surrounding planted area.
3.5.11.1.6. Posted area. The boundary_ of the LSPA shall be posted with appropriate signage denoting
the area as a LSPA. Sign(s) should note that the posted area is a Littoral Shelf Planting Area and contain
specific instructions to ensure that the planted area will not be subjected to herbicidal treatments or other
activities that will kill the vegetation. The signs shall be no closer than ten feet from residential property
lines; be limited to a maximum height of four feet and a maximum size of two square feet; and, otherwise
comply with Section 2.5.6. A minimum of two signs shall be provided to mark the extent of the LSPA.
Maximum sign spacing shall be 150 feet.
3.5.11.1.7 Required Information.
information:
The Planting Plan for the LSPA shall provide the following
1. Calculation table showing the required area (square feet) for the LSPA and its percentage of the total
area at control elevation (NGVD):
2, Control Elevation (NGVD) and Dry Season Water Table .i~IVGD):
3. Maximum water depth (feet) and estimated number of months of flooding for the range of planted
elevations within the LSPA:
4, A planl; list ~;0 include the appropriate range of elevations for each specified plant species, spacing
requirements, and plant size;
5. Planting locations of selected plants.
Page 58 of 70
Words ..... t~ ,~, ..... ~- are deleted, words underlined are added
3.5.11.2 Operational Requirements: Littoral Shelf Planting Areas shall be maintained according to
the following requirements:
3.5.11.2.1 Eighty percent vegetative coverage of the LSPA is required within a two-year period
following the initial planting and shall be maintained in perpetuity. Native plants that recruit within the
LSPA will be counted towards this coverage requirement except as required per section 3.5. I! .2.2. The
LSPA must be kept free of refuse and debris.
3.5.11.2.2 Prohibited exotics and nuisance species shall be removed as they occur, manually or with U.S.
Environmental Protection Agency approved herbicides. Prohibited exotics are those species as listed in
Section 2.4.4.12. For the purpose of this section, nuisance species include those species listed as Class I
and Class II Prohibited Aquatic Plants specified in Chapter 62C-52.011, Florida Administrative Code.
Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides
when they exceed ten percent coverage of the required LSPA area.
3.5.11.3. Application to existing lakes. All previously approved projects shall meet the Operational
requirements required in 3.5.11.2.
3.5.11.3.1. Projects approved and constructed according to previous standards may have to meet the new
standards if the littoral shelves are no longer functioning, subject to the following criteria:
a. The amount of planted area shall be the same as that required in the original approval;
b. The property owner shall assess the existing slopes and elevations in order to determine the
appropriate location of the plantings subject to the criteria found in 3.5.11.1.3. The planted area shall be
consolidated as much as possible subject to the criteria found in 3.5.11.1.2.
c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible
but the 8:1 requirement of3.5.11.1.4 shall not be required.
d. Plant selection and specifications shall conform to 3.5.11.1.5;
e. Signage of the planted littoral areas shall be required subject to 3.5.11.1.6.
3.5.11.3.2. For amendments to approved excavations where the proposed amendments will modify the
previously approved lake shoreline or increase the previously approved lake area, signage of the planted
littoral areas shall be required subject to 3.5.11.1.6.
a. For amendments that modify less than 20 percent of the previously approved shoreline but
increase the previously approved lake area, only the additional portion of the lake shall be used to
calculate the additional LSPA area using the percentage requirements of 3.5.11.1.1. (See figure
3.5.11.3.2.) This additional LSPA shall conform to the design requirements of3.5.11.1.
b. For amendments that modify 20 percent or more of the previously approved shoreline, the total lake
area shall be used to calculate the LSPA area using the percentage requirements of3.5.11.1.1. (See figure
3.5.11.3.2.) The LSPA shall conform to the design requirements of3.5.11.1..
3.5.11.4. Exemptions. Lake excavations activities which are lawfully permitted and used for
aquaculture shall be exempt from the LSPA requirements. Lake excavation activities subject to the
Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt from the LSPA
requirements but shall otherwise be required to follow the mine reclamation requirements required in
Section 3.5.7.6.
Page 59 of 70
Words ~'-'~' '~ ...... ~' are deleted, words underlined are added
Figure 3.5.11.3.2
existing lake
Joke addition
For amendments that modify the existing lake area
by adding an addition, only the new portion of the lake
shall be used to calculate the LSPA area using the
percentage requirements of 3.§.lt.[.1.
existing shoreline
modified lake shoreline
For amendments that modify the existing shoreline
by greater than Z0 percent, the total lake area
shall be used to calculate the LSPA area using the
percentage requirements of
Sec. 3.5.14 1_~2. Appeals.
Sec. 3.5.t-2 1.~3. Penalties and enforcement.
Sec. 3.5.-F3 L4. Severability.
Sec. 3.5.t4 1_~5.
SUBSECTION 3.L.
Compliance with state and federal permits.
AMENDMENTS TO DIVISION 3.9., VEGETATION
PROTECTION AND PRESERVATION
Division 3.9., Vegetation Removal, of Ordinance 91-102, as amended, the Collier
Development Code, is hereby amended to read as follows:
DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
Sec. 3.9.5. Vegetation removal, protection and preservation standards.
REMOVAL,
County Land
3.9.5.5.6 Native Preserve criteria
Page 60 of 70
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1. Identification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall be set-aside
in a Preserve. Areas set aside as preserves shall be labeled as "Preserve" on all site plans.
Minimttm dimensions. The minimum width of the preserve shall be:
a. twenty feet, for property less than ten acres.
b. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres
and less than twenty acres.
c. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater.
3. Created Preserves. Where created preserves are approved, the landscape plan shall re-create a native
plant community in accordance with the vegetation sizes and standards set forth in 3.9.5.5. The spacing of
the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft
mature spread) and forty foot on center for trees with a large canopy (greater than 30 fi mature spread), five
foot on center for shrubs and three foot on center for ground covers. Plant material shall Be planted in a
manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes
for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are
better suited for re-establishment of the native plant community.
a. Approved created preserves, identified in 3.9.5.5 as mitigated native preservation, may be used to
recreate:
i. not more than one acre of the required preserves if the property has less than twenty acres of existing
native vegetation.
ii. not more than two acres of the required preserves if the property has equal to or greater than twenty
acres and less than eighty acres of existing native vegetation.
iii. not more than 10% of the required preserves if the property has equal to or greater than eighty acres
of existing native vegetation.
b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2.
c. All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve
requirements shall be labeled as preserves and shall comply with all preserve setbacks.
d. Created preserve exceptions may be granted:
i.. when a State or Federal permit requires creation of native habitat on site. The created preserve
acreage may fulfill all or part of the native vegetation requirement when preserves are planted With
all three strata; using the criteria set forth in Created Preserves. This exception may be granted,
regardless of the size of the project.
ii. when small isolated areas (of less than ~,4 acre in size) of native vegetation exist on site. In cases
where retention of native vegetation results in small isolated areas of ~,4 acre or less, preserves may
be planted with all three strata; using the criteria set forth in Created Preserves and shall be created
adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties.
This exception may be granted, regardless of the size of the project.
iii. When an access point to a project cannot be relocated. To comply with obligatory health and safety
mandates such as road alig~ments required by the State, preserves may be impacted and created
elsewhere on site.
4. Required Setbacks to Preserves. All principal structures shall have a minimum 25-foot setback from the
boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot
setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent
to any presorve unless it can be demonstrated that it will not adversely impact the integrity of that preserve.
(i.e.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be
placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact
that wetland.)
5. Invasive Exotic Vegetation Removal and Maintenance Plans. Exotic vegetation removal and maintenance
plans shall require that category_ I exotics be removed from all preserves. All exotics within the first 75 feet
of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump
treated with a U.S. Environmental Protection Agency approved herbicide and a visual trace dye applied.
Exotics within the interior of the preserve may be approved to be treated in place, if it is determined that
physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic
vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S.
Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Exotics
within the interior of the preserve may be approved to be treated in place, if it is determined that physical
removal might cause more damage to the native vegetation in the preserve. When prohibited exotic
vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S.
Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. A
Page 61 of 70
Words ~,~.~r ,~ ...... ~.
............ ~... are deleted, words underlined are added
maintenance plan shall be implemented on a yearly basis at a minimum, or more frequently when required to
effectively control exotics, and shall describe specific techniques to prevent reinvasion by prohibited exotic
vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of any final local
development order.
6. Exemptions. Applications for development orders authorizing site improvements, i.e., an SDP or FSP and
on a case by case basis a PSP, that are submitted and deemed sufficient prior to June 16, 2003 are not
required to comply with the new regulations in section 3.9.5.5.6 adopted on June 16, 2003.
SUBSECTION 3.M.
AMENDMENTS TO DIVISION 3.14., PENALITIES
Division 3.14., Penalties, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.14. PENALTIES
Sec. 3.14.3. Exceptions; permit.
All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to
coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through
October 31, of each year, all permits shall be subject to section 3.14.6 4. of this division.
3.14.3.1. Sheriff, city, state and federal police, emergency services, and ~
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 shall be exempt from the provisions
of this division.
3.14.3.2. 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 division
if a permit has been obtained from the site deve!c, pment review Environmental Services Department director
or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with
the vehicle and available for inspection. The procedure for obtaining such a permit shall be by application to
the site development review Environmental Services Department director in writing 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 permit for such vehicle or vehicles shall be issued by the site development
review-Environmental Services Department director if the site deve!cpment review Environmental Services
Department director 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 s~rved thereby.
3.14.3.3. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid
disabled or non-_ambulatory persons shall be exempt from the provisions of this division.
3.14.3.4. Vehicle-on-the-beach permits issued in conjunction with special or atmual beach events, in
conjunction with permanent concession facilities, or _for other routine _functions associated with permitted
uses of commercial hotelproper.t¥. Vehicles which are used in conjunction with functions on the beach, as
from the provisions of this division if a vehicle-on the-beach permit has been granted by the plam~g
~ Environmental Services director or his designee. All permits issued are subject to the following
conditions and limitations:
3.14.3.4.5. Permits shall only be issued for ATVs when Environmental Services Department staff has
determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the
Page 62 of 70
Words g'~m ck '~' ..... ~'
.... r,-. are deleted, words underlined are added
excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move
with, push carts or dollies, duc to +~'~ ,4:~' ...... ,4 ~' .......: ....... :~*" ~'~' .....: ....~ '~ ~' ...... ,4 ~'~* ~t
...... ~ ~ .... ~;~;,;,.~ ;~ -~* .... * .....p h~,,~,o~ ~H;~ 2) Ii it d d ig d k h b
........ e .......· .......... ~ ....... us ~, ~ ......or a m e es nate wor area as een
established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that
limited identified area.
3.14.3.4.7. 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),~,,,o.~,~,,:~*~"+ ..,a~...... ,,,~,~,,,..~-':~ .,.'~ ~.,.'~, ..,.,'~ 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 r,~,11;^~ r, .... ,. xT~, .... 1 o ......... r~ .... .-+~+ rr-r,,,mr~ Collier County
Environmental Services Department (ESD); additional corridors may be approved when appropriate and
necessary as determined by the ESD; a staging area may be approved for large events as determined by the
ESD 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 CCNRD ESD
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 ESD, the vehicle-on-the-beach permit may be suspended for the
remaining period of the sea turtle season.
3.14.3 ..... 4.8. 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.
Page 63 of 70
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.......... t:,-. are deleted, words underlined are added
for;
~ 3.14.4 3.5. Permit for construction (exch/ding beach renourishment 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 often 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 3.14.6.4. of this division.
Page 64 of 70
Words st.'-dc.~ h~-ough are deleted, words underlined are added
Sec,. 3.14.-$ 3.6. Beach raking and mechanical beach cleaning.
3.14.5.1.3.6.1 Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal
barriers unless a state permit is obtained.
3.14.5.2.3.6.2. Beach raking and mechanical beach cleaning must comply with the provisions of section
3.14.6.4_. of this division.
3.14.5.2.3.6.3. 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; which includes the natural wrack-line.
3.14.3.6.4. 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 Iow tide. Beach raking a, nd 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 10 feet of dune vegetation and endangered plant and animal communities,
including sea turtle nests.
3.14.:5:4 3.6.5. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach
sediments by more than the minimum depth necessary, not to exceed one two inche~, in order to avoid a
potential increase in the rate of erosion. In cases "'~"~"~
3.14.5.5 3.6.6. u ..........: ....+ Vehicles with greater than 10 psi ground to tire pressure~ shall not be used
to conduct beach raking .................................
*;-~" with less than 10 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 and
~--:~0~ ~-~ ~--;-~ upon approval of the ESD or designee.
3.14.3.6.7. 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 Public Utilities Engineering
Department and the Environmental Services Department. 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.
3.14.3.7. Vehicles associated with Beach Nourishment and Inlet Maintenance
3.14.3.7.1 Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish
FDEP permit requirements~ or other unusual circumstance as determined by the CDES Administrator, 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 2 years should compaction
evaluations exceed state requirements.
3.14.3.7.2 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, CCESD and the person possessing a valid
Fish and Wildlife Conservation Commission Marine Turtle Permit for the area.
3.14.3.7.3 No tilling of the beaches shall occur during sea turtle nesting season.
Sec. 3.14.6.4. 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 division. Permits issued pursuant to
this division 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.
Page 65 of 70
Words ~'~'^~' '~' ..... u ~,~ deleted, words underlined are added
3 14.6 4.1. All beach ~': .... -~ ~'~:-~ ~-~-~- -~-:~- 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.
Sec. 3.14.~ 5_ Penalties.
Notwithstanding the penalties set forth elsewhere in this Code, violations of this division are subject to the
following penalties:
3.14.:7 _5.1. Violations of section 3.14.$ 3.6. which do not occur during sea turtle nesting season, i.e., occur
outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation.
3.14.-7 5~2. 1. Minor infractions of section 3.14.$ 3.6, which occur during sea turtle nesiing season are
subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause
immediate harm to sea turtles or their nesting activity', and include, but are not limited to, the following: 1)
use of an unpermitted vehicle; 2) vehicles being operated: a) ...;,u^..,,,,,,.,~,~ ,,--~,-,,,,-,;~'~ ,;~,,,,, ,.~,~,,.,,,, ,-,-.,,,,-,,-,--,-,,,;'~"*;c'"~*;"~' b a)
without permit being available for inspection; or e b) with improper tire pressure.
3.14.5.3. 2. Major infractions of section 3.14.$.3.6, 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: $1000.00 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 seaso,~, 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.
3.14.7.3. 5.4. Violations of sections 3. ~'~,~.., '~..-., '~ · 3.14.3.4.; 3.14.3.5.; ..,,~ '~... ~n,~..,.,,~ ,: , 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.
3.14.:h4~. 5.5. Violations of sections-,. ~ ~a,~..,.,.., '~ '~ · 3.14.3.4.;.,.,-.-,.-,.,'i ~, -~ ~. ,_,,~'~ -,.- ~.-,.-,.,'~ ~, -~ ,~ which occur during sea turtle
nesting season are subject to the following penalties:
1. Mino,,r 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:
..... ;~.~ ~:~ ~,~ :.~:c.~,,~:~,,. b a) with permit not available for inspection; or ~ b_) with improper tire
pressure.
SUBSECTION 3.N. AMENDMENTS TO DIVISION 5.4., BUILDING BOARD OF
ADJUSTMENT AND APPEALS
Division 5.4, Building Board of Adjustment and Appeals, of Ordinance 91-102, as amended, the
Collier County Land Development Code is hereby amended to read:
DIVISION 5.4. BUILDING BOARD OF ADJUSTMENTS AND APPEALS
Page 66 of 70
Words gt.~,:ck ~rough are deleted, words underlined are added
Sec. 5.4.1. Establishment and purpose.
There is hereby established a building board of adjustments and appeals. The purpose of the building
board of adjustments and appeals is to provide a decision-making body through which an owner of a
building or structure, or his duly authorized agent, may appeal the rejections or refusal of the building
official to approve the mode or manner of construction proposed to be followed or materials to be used in
the erection or alteration of that building or structure, or when it is claimed that the provisions of the
Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code
t~lll~ r~ .... +.. ~.~A~A I3,.;IA;~ t"~^..l~ t'%-.ll;,~, tTM .... +., t~'1~,~1~1 t-~^,-I~ t-~ll;~ t~ .... +.. ~2;~ D ......
t-'~ll;~ r, .... +.. t-'_~ t-,~.4~ F,.,II:~ t~ .... +.. l~,f~h~;~l P~I.~ /".-.lli~:__L~n{.. DI .... 1~;~
Code, .~ ............ ~ ....... , ............. ~ .................. , ............. ~ .......... t~ Co
Collier Coumy-Swimming Pool Code do not apply, or that an equally good or more desirable form of
construction can be employed in a specific case, or when it is claimed that the true intent and meaning of
such codes or any of the regulations thereunder have been misconstrued or wrongly interpreted by the
building official. ,
Sec. 5.4.2. Powers and duties.
The building board of adjustments and appeals shall have the following powers and duties:
5.4.2.1. To review and approve, with or without modifications or conditions, or deny an appeal from a
decision of the building official with regard to a variance from the mode or manner of construction
proposed to be followed or materials to be used in the erection or alteration of a building or structure, or
when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code as
incorporated by Division 1 18. of this Code
or that an equally good or more desirable form of construction can be employed in any specific case, or
when it is claimed that the true intent and meaning of such building codes and technical codes or any of
the regulations thereunder have been misconstrued or wrongly interpreted.
Sec. 5.4.3. Building board of adjustments and appeals membership.
5.4.3.1. Qualifications. A building board of adjustments and appeals shall be composed of five
regular members appointed by the board of county commissioners. The Collier County Fire Marshal's
Association may recommend for consideration by the board of county commissioners those two members
one of whom would be an architect or engineer, and one whom must be a fire protection specialist. The
building board of adjustments and appeals shall consist of members engaged in the following occupations
who by reason of education, experience, and knowledge are deemed to be competent to sit in judgment
on matters concerning the Florida Building Code and Florida Fire Prevention Code as incorporated by
Division I 18. of this Code r-~,,:~ r, .... ,.. c,~.~,~ o..;~:~ t-~,~ t-~,;~ r- .... ,,. m~,~:~ ~
~11;~ ~ .... +.. ol..~klfl~ ~A~ ~ ~11;~ ~ .... +.. ~...;~;~ D~I ~.
............. j .......... ~ .... , ............... ~ ............. ~ ......... one state-licensed architect or
one structural engineer; one class A general contractor; one state-ce~ified fire protective equipment
contractor ~ state-ce~ified firefighter with the rank of lieutenant or higher or state ce~ified fire safety
inspector with the rank of lieutenant or higher; one licensed electrical contractor; and one licensed
plumbing or mechanical contractor. The members shall se~e for a term of four years, except for initial
appointees who shall serve as follows: two ~or a term of one year; two for a term of two years; one for a
tern of three years.
Sec. 5.4.4. Quorum.
Three members of the building board of adjustments and appeals shall constitute a quorum. In varying
the application of any provision of the Florida Building Code and Florida Fire Prevention Code as
incorporated by Division 1 18. of this Code r,~,:~ r, .... ,,, c,,,.,,~..~ n,,;~a;.,,, r,^~ r,~,;~ t-, .... ,..
...,.,,,,,,,,,,..., ,_.,.,,,,,, ,..,.,a,a,., ,...,.,,.,,,,..,. . ,,.,.,,.,,,*~, ,.-,,,,,., ,.,, ,-.,.,,,ay, ,..,.,,,,,,.j ,..,,',,,,,,,a,,,~, . ,,,.., ,-.,.,,.,e or in
modifying an order of the building official or the public safety administrator, an affirmative vote of not
less than three building board members shall be required.
Page 67 of 70
Words gm:ok a~.rct:g~ are deleted, words underlined are added
Sec. 5.4.7. Standard appeal procedure; time limit; fee.
5.4.7.1. Whenever the building official shall reject or refuse to approve the mode or manner of
construction proposed to be followed or materials to be used in the erection or alteration ora building or
structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire
Prevention Code as incorporated by Division 1 18. of this Code r-~n:~ t- .... ,., c,.-~.~
C .... ,.. X/t~h~,~;,~,~l t~^A~ t'"~,ll;~ t~ .... ,.. m..~,;,~, r,^n~ ~ Co!licr r~ .... ... e,,,:~:~ Pool r,~,,~ do
not apply, or than an equally good or more desirable form of construction can be employed in any
specific case, or when it is claimed that the true intent and meaning of the Florida Building Code and
Florida Fire Prevention Code as incorporated by Division 1.18. of this Code Collier r,
Poe! Code or any of the re~lations thereunder have been misconstrued or wrongly interpreted, the owner
of such building or structure, or his duly authorized agent, may appeal from the decision of the authority
having jurisdiction to the building board of adjustments and appeals. Notice of appeal shall be in writing
and on appeal forms provided by the secreta~ of the building board. Notice of appeal shall be filed at the
project review se~ices section of the development se~ices department within 30 days aRer the decision
to be appealed is rendered by the authority having jurisdiction, except as set fo~h in the interlocal
agreement appeals procedure. A fee in an amount to be set by the board of county commissioners shall
accompany any such notice of appeal filed pursuant to this section.
Sec. 5.4.9. Decisions of the building board of adjustments and appeals.
5.4.9.1. The building board of adjustments and appeals, when so appealed to and after a hearing, may
vary the application of any provisions of the Florida Building Code and Florida Fire Prevention Code as
incorporated by Division 1.18. of this Code
.................. , ............. j .......... ~ .... , ............... j ............. ~ ..... to any
pa~icular case when the building board determines that the enforcement thereof would do manifest
injustice, and would be contrary to the spirit and purpose of the code or public interest, or when the
building board determines that the interpretation of the authority having jurisdiction should be modified
or reversed.
SUBSECTION 3.0. AMENDMENTS TO DIVISION 6.3, DEFINITIONS
Division 6.3, Definitions, of Ordinance 91-102, as amended, the Collier County Land
DevelopmenXt Code is hereby amended to read:
DIVISION 6.3. DEFINITIONS
Sec. 6.3. Definitions:
Automobile Service Station: any commercial or industrial facility wherein the retail sale of gasoline is
conducted. Where the sale of gasoline is provided only as a "secondary function," such as a' retail
establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an
incidental service, the structures and site related to the fuel facility will be considered an automobile service
s$ation.
Page 68 of 70
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Bike Lane: a portion of a roadway which has been designed, constructed, and designated by signing and
pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and
Guidelines" requirements.
Density, residential: The number of residential dwelling units permitted per gross acre of land and
allowed under the Comprehensive Plan's Density Rating System subject to limitations of the
corresponding zoning district, determined by dividing the development's total number of dwelling units
by the total area of residential land within the legally described boundaries of the residential
development's a lot(al or parcel f&}. Total residential land area does not include existing platted land area
for vehicular rights-of-way, whether public or private, nor and exc!'.'.$ive cf land within a planned unit
development district that is to be used for commercial or industrial uses. Total residential land area may
include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of
fee ownership of the submerged lands is provided at the time of development application, but may not
include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For
purposes of calculating density the total number of dwelling units may be rounded up to the'next whole
number if the dwelling unit total yields a fraction ora unit .5 or greater.
Park, neighborhood: A public park, owned and maintained by Collier County which is intended to serve
the needs of the local community and: is located within the E (Estates) zoning district, or any residential
zoning district or residential component of a Planned Unit Development; is comprised of no more that
five (5) acres of land; access to which is provided through non-vehicular means, with no on-site parking
facilities; and provides only basic park facilities and amenities such as, but not limited to, sidewalks, non-
air-conditioned shelters, bike racks, drinking fountains and playground equipment.
Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise surfaced, intended for
:c ......~" ~:~ (See division 3.2.)
pedestrian use and also bicycle use, ,, v,,,~,,~..J ......
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development Code
of Collier Caunty, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of State, except for the
provisions of Sub-section 3.C. adding Section 2.2.27, pertaining to the Rural Lands Stewardship Area
(RLSA) and the corresponding Zoning District Overlay which will become effective upon adoption of
this Ordinance.
Page 69 of Y0
Words stmc!: flh'c, ugh are deleted, words underlined are added
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this [Io-0x day of ,..~r~0....
ATTEST,~.' ) · ~ 0 ~
, - . ..
De ut ~er~,,~, , ..
~Approved as'to fb~m
Assistant County Attorney
,2003.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
T(JM HENNING, C~-~RMAN
This ordinance filed with the
$_ec[.e~,ry of State's Office the
and acknowledgement_ of that
· ~
Page 70 of 70
Words aWack ~c~,'ag~ are deleted, words underlined, are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-27
Which was adopted by the Board of County Commissioners
on the 16th day of June, 2003, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of June, 2003.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to R'6ard
County Commiss iQ~r's
By: Patricia L-2~?
Deputy Clerk