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DSAC Agenda 12/06/2017DSA C Meeting December 6, 2017 3:00 PM 2800 N. Horseshoe Drive Growth Management Department DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA December 6, 2017 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. Call to Order — Chairman IL Approval of Agenda III. Approval of Minutes from November 1, 2017 IV. DSAC Position Vacancy Review & Vote 1. Re -appoint Clay Brooker Category: Attorney 2. Re -appoint Chris Mitchell Category: Engineer 3. Re -appoint James Boughton Category: Architect V. Public Speakers VI. Staff Announcements/Updates A. Code Enforcement Division update — [Michael Ossorio] B. Public Utilities Department update — [Tom Chmelik or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates — [Jay Ahmad or designee] D. Collier County Fire Review update — [Shawn Hanson and/or Shar Hingson] E. North Collier Fire Review update — [Dale Fey] F. Operations & Regulatory Mgmt. Division update — [Ken Kovensky] G. Development Review Division update — [Matt McLean] VII. New Business A. DSAC recommendation for 2017/2018 LDC Amendments [Jeremy Frantz] VIII. Old Business A. Emergency Fee Schedule [Jamie French] B. LDC amendment to preservation standards and Conservation Collier land donations [Jeremy Frantz] C. Chapter 1 Amendments for the new 6th Edition [Jon Walsh] IX. Committee Member Comments X. Adjourn Next Meeting Dates: January 3, 2018 GMD conference Room 610 — 3:00 pm February 7, 2018 GMD conference Room 610 — 3:00 pm March 7, 2018 GMD conference Room 610 — 3:00 pm Page 1 of 1 November 1, 2017 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, November 1, 2017 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant (Excused) James E. Boughton (Excused) Clay Brooker Brad Schiffer Chris Mitchell Robert Mulhere Mario Valle Stan Chrzanowski Norman Gentry Marco Espinar Ron Waldrop Laura Spurgeon DeJohn Jeremy Sterk (Excused) ALSO PRESENT: Jamie French, Deputy Department Head Judy Puig, Operations Analyst, Staff Liaison Trinity Scott, Manager, Transportation Planning Eric Fey, Sr. Project Manager, Public Utilities Jeremy Frantz, Senior Planner Mike Ossorio, Director, Code Enforcement Division Jon Walsh, Chief Building Inspector Jay Ahmad, Director, Transportation Engineering Matt McLean, Director, Development Review Rich Long, Director, Plans Review and Inspections Ken Kovensky, Director, Operations and Regulatory Management Mike Bosi, Zoning Division Director Camden Smith, Operations Analyst November 1, 2017 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00pm II. Approval of Agenda Mr. Valle moved to approve the Agenda. Second by Mr. Mulhere. Carried unanimously 10 - 0. I1I. Approval of Minutes from September 6, 2017 Meeting Mr. Foley moved to approve the minutes of the September 6, 2017 meeting as presented Second by Mr. Valle. Carried unanimously 10 - 0. IV. Public Speakers None Mr. Waldrop arrived at 3: 03pm V. Staff Announcements/Updates A. Code Enforcement Division update — [Mike Ossorio] Mr. Ossorio provided the report "Code Enforcement Division Monthly Report August 22, — September 21, 2017 Highlights" for information purposes. He noted Staff: • Participated in "shelter duty" during Hurricane Irma and post storm, they delivered food and water to those in need • Is coordinating with the Building Division on permit issues in relation to the storm event. • Is working on lot clearing and commercial landscaping requirements for replacement due to storm damage. • Is providing input on changes to the County's fertilizer ordinance. • Participated in "National Night Out," a public outreach endeavor where they provided pamphlets and other literature to interested parties. Under Committee discussion it was noted the County may want to review: • The list of approved canopy trees to determine if any changes should be made based on the damage caused by recent storm events. • The policy on trees planted adjacent to roadways, including if those that block roadways as a result of storm damage should be removed instead of "stood back up" in an effort to minimize the potential for impassable roadways following a storm event. B. Public Utilities Division update — [Tom Chmelik or designee] Mr. Fey reported: • The County continues their hurricane debris removal program with 269 trucks currently in service. The County has 857 pump stations and 90 percent of them were knocked off line during the storm due to power outages. The County currently has 44 portable generators and rented 141 generators to aid in alleviating the issue and preventing sewer backups during the recovery. The County will be conducting a review of the measures necessary to ensure vital pump stations are equipped, or have access to emergency power during storm events. November 1, 2017 The Committee noted it would be beneficial for the County to prioritize which pump stations are equipped with emergency power backup given some of the emergency shelters bathroom facilities were immediately knocked off line during the storm. C. Growth Management Department/Transportation Engineering and/or Planning — [Jay Ahmad or designee] Mr. Ahmad reported, in response to inquiry of removing downed trees from storm that blocked roadways, it is more cost effective to stand trees up rather than remove them and roadways were quickly re -opened after storm. They are aware of the issue raised by the Committee and will be reviewing the policy. He provided an update on the following projects: • Golden Gate Blvd. — East of Wilson to 18th — completed, working on punch list items. • Golden Gate Blvd. — 18th to Everglades Blvd. — Design/Build services contract being put out to bid. • Immokalee Rd./Collier Blvd. Intersection — substantially complete. • Chokoloskee bridge — major damage during the hurricane event due to floodwaters, re- opened within 4 days after event, $1/2M of damage, contracted extended. • Vanderbilt Dr. bridges — south completed, north under construction. • White Blvd. Bridge — Behind schedule, contractor issues. D. County Fire Review update — [Shar Hingson and/or Shawn Hanson] Ms. Hingson noted: • Two fire stations damaged during the storm (Port of the Island and Everglade City) and two fire fighters lost their homes, • 144 plan reviews were conducted in September. 33 site plans reviews in October. • A Fire Resistance Rated Wall Assemblies and Openings and Fire Stopping class provided by the CCFAM and LCFMIA will be held on December 8, 2017. Ms. Spurgeon DeJohn arrived at 3:25pm E. North Naples Fire Review update — [Dale Fey] Mr. Fey reported: • 462 site building plan reviews were conducted in September with a 9 day turnaround average and 39 site development plan were reviewed with 5 day turnaround average. • Community volunteers provided equipment to aid in clearing roadways for emergency responses for 2 days following the storm event. • Issuance of permits required for businesses seeking to re -open after experiencing storm damage are a priority for Staff. F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the "Collier County September and October 2017 Monthly Statistics" which outlined the building plan and land development review activities during the period. The following was noted during his report: • 4,473 permit applications were submitted in October. • Electronic plan submittal is at 40 percent rate of applications for building plan review. • The County is adding job bankers to address staffing needs as necessary. November 1, 2017 Building Fee Requirements for Emergency Events Mr. French reported: • An item was heard by the Board of County Commissioners whereby permit fee refunds were requested certain parties rebuilding homes after the wildfire event. • The BCC denied the request however Staff is reviewing fee requirements during declared emergency events for any changes that should be implemented. • Staff is looking for DSAC to form a Subcommittee to assist in the endeavor. The Committee reported Mr. Varian, Mr. Muthere, Mr. Valle, Mr. Gentry, Mr. Schiffer and Mr. Dunnavant will serve on the Subcommittee. Mr. French provided the following updates: • The Growth Management building on Horseshoe Drive sustained storm damage and the roof and AC units to be replaced. • Structures located in the flood hazard area with damage in excess of 50 percent of value will be required to be elevated to 1 foot above BFE before any reconstruction is undertaken. The requirement includes concrete structures. The Committee noted Staff should investigate the feasibility of updating the County LIDAR map. Mr. Mulhere left the meeting at 3: 55pm G. Development Review Division update [Matt McLean] Mr. McLean reported • Right of Way permits will now be issued by the Development Review Staff during the application process. • Text messaging for notifications of 800 series inspections for single family homes is now available. The Committee recommended the applicant/contractor/consultants, etc. be noted about the change in the process for issuance of right of way permits at the pre application conference. Mr. Valle left the meeting at 4: 00pm Vl. New Business A. NIM Discussion [Mike Bosi] Mr. Bosi provided an update on the requirements for documenting Neighborhood Information Meetings noting: • The Collier County Planning Commission (CCPQ requested Staff to review the procedures for the public meetings which now include the applicant coordinating the meeting. Staff also attends the meeting to witness the proceedings. • The CCPC recommended a verbatim transcript of the proceeding be prepared to document all public comments and/or commitments agreed to by the applicant. • Staff is reviewing the process and will be making recommendations on items such as what the County's role should be in the process, if audio/video should be required, who is responsible to coordinate the meetings, the written record required, etc. and will be coordinating with the DSAC on the activity. rd November 1, 2017 B. Zoning web page re -organization [Mike Bosi/Camden Smith] Ms. Smith provided the document "Collier County Zoning Division Website" for information purposes and provided an overview of the proposed revamped web site for the Zoning Division. The goal is to ensure it is as user friendly as possible. The Committee recommended the following design considerations: 1. Develop the site based on the mostfrequently accessed content as opposed to the organizational structure of the Division. 2. Identify any acronyms used on the site. 3. Ensure "related links" are easy to identify and navigate (i. e. FEMA). 4. Provide an employee master contact list on the site. C. LDC Amendments Update [Jeremy Frantz] • The new cycle will consist of 12 — 13 proposed amendments and are slated to be heard by the BCC in early 2018. • The DSAC Land Development Review Subcommittee will be convened to review the proposed amendments and provide comments and/or recommendations to the fall Committee as necessary. The proposed amendment to Section 3.05.07 (Preservation Standards) is scheduled to be heard by the BCC in December and he provided a copy of the proposed changes for information purposes. The DSAC's recommendation is included in the information going forward to the BCC. Committee discussion occurred on the proposed amendment to Section 3.05.07 noting: • They previously provided a recommendation on the proposed amendment to the BCC for their consideration. • Concern was expressed the changes proposed by the CCPC and Conservation Collier discourage (or eliminate) the potential for parties to donate land or provide monetary payment in lieu of a donation to the County. • It may be beneficial to provide a further statement to the BCC on the Committee's concerns. The Committee requested Staff to place the item on next meeting Agenda to review the proposed amendment to determine if any further comment should be provided to the BCC. D. Chapter 1 Amendments for the new 6th Edition [Jon Walsh] Mr. Walsh reported: • The amended Florida Building Code is scheduled to take affect 12/31/17. • Staff will be reviewing the County Ordinance and proposing any changes as necessary in order to conform to the new code. • Items to be addressed include Temporary Certificates of Occupancy, phased permitting, expired permits, hurricane preparation, etc. The Committee noted. L The City ofNaples has requirements for hurricane preparation and it maybe beneficial to review those standards for information purposes. 2. Staff should review the County's Administrative Code to determine if any changes are required such as references to the code, etc. November 1, 2017 VII. Old Business None VIII. Committee Member Comments Chairman Varian reported Clay Brooker, Stan Chrzanowski, Jim Boughton and Chris Mitchell's terms on the Committee are expiring and if they are interested in continuing to serve, they should file the necessary applications with Staff. IX. Adjourn Next Meeting Dates December 6, 2017 GMD Conference Room 610 — 3:00 pm January 3, 2018 GMD Conference Room 610 — 3:00 pm February 7, 2018 GMD conference Room 610 — 3:00 pm March 7, 2018 GMD conference Room 610 — 3:00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:45PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minutes were approved by the Board/Chairman on as presented , or as amended Recommendation to approve targeted reductions in the Collier County Growth Management Department Development Services Fee Schedule related to application and plan review fees in the event of a Board of County Commissioners -declared disaster. OBJECTIVE: To implement a limited -timeframe 50% reduction of application and plan review fees for residential and residential mobile home repairs as defined by the Florida Building Code and outlined in the Collier County Growth Management Department (GMD) Development Services Fee Schedule (Fee Schedule) in the event of a Board of County Commissioners (Board) -declared disaster and as directed by the Board. CONSIDERATIONS: Acting on the directive issued by the Board at the October 10, 2017 meeting, item 11G, GMD staff worked with the the Development Services Advisory Committee (DSAC) subcommittee, along with the Executive Director of the Collier Building Industry Association (CBIA), on November 17, 2017 at a publicly advertised meeting to create and review a post declaration disaster fee schedule. The fee schedule was approved unanimously and was scheduled for presentation and consideration at the regularly scheduled December 6, 2017 full DSAC meeting. On December 6, 2017, the DSAC [approved/denied] the request. The fee schedule provides for a 50% reduction of the application and plan review fees for repairs related to a Board -declared disaster affecting Collier County residents. The intent is to offer financial relief to victims experiencing damage resulting in a threat to life and/or safety in their primary dwelling. This fee schedule reduction applies only to primary residential structures, excluding damages to outbuildings and accessory structures. The provision also excludes multi -family dwellings consisting of more than two units except those defined as a townhouse under the Florida Building Code Residential Code, which can be multiple units. The disaster relief fee reductions would apply to permit application and review fees as specified in section 00 in the attached Fee Schedule and include application fees for building permits, as well as fees for structural, electrical, plumbing and gas, mechanical, and planning review. In addition, a permit fee reduction would be applied to the repair and full replacement of a mobile/manufactured home. Eligibility: Eligibility for fee reductions would be contingent upon the applicant providing the following 1) Proof of ownership and occupancy as a primary residence 2) Damage assessment report from property's insurance adjuster, Collier County Building Official, or authorized FEMA/FDEM representative 3) Photographs depicting the declared disaster -related damage 4) Attestation that damage was caused during the declared disaster, signed by the owner 5) Owner verification that no other monetary aid from the Board has been or will be applied in relation to disaster relief Timeframe: The window for the fee reductions would be 180 days from the date of disaster declaration by the Board. In addition, it is proposed that there would be an additional 90 -day period beyond the initial 180 days for application during which an eligible resident who paid the full fees could apply for a refund of 50% of the applicable application and plan review fees. Also, eligible within this provision would be the petition for the refund request related to the Lee Williams fire presented to the Board at the October 10, 2017 meeting. FISCAL FVIPACT: Extrapolating from initial figures, if the county were to experience a disaster on the order of magnitude of Hurricane Irma, approximately 2,000 residential homes could be impacted. Based on an average permit cost of $450 for permitted repairs, the disaster relief fee reduction could result in an approximate $450,000 reduction of income primarily to Fund 113 (the `Building" fund) and to a lesser extent, Fund 131 (the "Land Development' fund). Preparations will be made during the budget process to allocate this funding as a separate reserve line item in the FY19 budget. It should be noted that so long as Fund 113 and Fund 131 reserves are available to support this program, no General Fund dollars would be used to support the proposed fee reductions. GROWTH MANAGEMENT LVIPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: RECOMMENDATION: To approve the resolution amending the Collier County Growth Management Department Development Services Fee Schedule to include a Disaster Permit Fee Relief program that reduces application and plan review fees by 50% for residential and residential mobile home repairs as defined by the Florida Building Code for a period of 180 days following a Board declaration of a disaster, as directed by the Board, and allowing for a 90 -day period provision beyond the 180 days where an eligible resident paid the full fees within the initial 180 -day period. Prepared By: Kenneth Kovensky, Director, Operations and Regulatory Management Division Co ier County GROWTH MANAGEMENT DEPARTMENT DEVELOPMENT SERVICES FEE SCHEDULE BCC Approved version, June 13, 201, '^ 7 December 12, 2017 Effective Date - o�17, 2017'^'7 January 1, 2018 Contents: A) ADMINISTRATION 2 B) BLASTING PERMITS & INSPECTIONS 2 C) ENVIRONMENTAL/LANDSCAPING 2 D) EXCAVATION PERMITS 3 E) FIRE CODE REVIEW FEES 3 F) SITE DEVELOPMENT PLANS 4 G) SUBDIVISION 5 H) ENGINEERING INSPECTION FEES 6 I) TEMPORARY USE FEES 6 I) WELL PERMITS/INSPECTIONS 6 K) ZONING/LAND USE PETITIONS 7 L) MISCELLANEOUS 9 M) BUILDING PERMIT FEES 10 N) STRUCTURAL PERMIT REVIEW FEES 11 O) ELECTRICAL PERMIT REVIEW FEES I I P) PLUMBING AND GAS PERMIT REVIEW FEES 11 Q) MECHANICAL PERMIT REVIEW FEES 11 R) SOLAR PERMIT REVIEW FEES 12 S) FIRE PREVENTION AND CONTROL PERMTTFEES 12 T) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 12 U) POOL OR SPA PERMIT FEES 12 V)FENCBS 12 W) SIGN PERMIT FEES 12 X) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 13 Y) PERMIT EXTENSION 13 Z) DEMOLITION OF BUB.DING OR STRUCTUREPERMIT FEES 13 AA) INSPECTION AND REINSPECTION FEES 13 BE) FAILURE TO OBTAIN A PERMIT 13 DD) DUPLICATE PER CARDS 14 EE) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 14 FF) PERMIT FEE REFUNDS 14 GG) RECORD RETRIEVAL 15 HFI) COPY FEES 15 II) CERTIFICATE TO BOARD BUILDING 15 JI) ADDITIONAL FEE REFUND PROVISIONS 15 KK) REFUND PROVISIONS 16 LL) ADDITIONAL FEE PROVISIONS 16 MM) `PAYMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES) 17 NN) OPTIONAL TEMPORARY CERTIFICATE OF OCCUPANCY 17 00) BOARD DECLARED DISASTER PROVISIONS 17 Fees are in bold Page 1 FEES ARE ESTABLISHED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BOARD) RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPRIATE DIVISION, AS APPLICABLE. WHERE AS PART OF A REZONING, PLAT OR SIMILAR APPLICATION TYPE, THE BOARD DIRECTS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE STANDARD TYPE OF APPROVAL PROCESSES REQUIRED, THE DIRECTOR OF THE APPROPRIATE DIVISION SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET THE BOARDS REQUIREMENTS. THE APPLICABLE FEES SHALL BE THOSE WHICH MOST CLOSELY RESEMBLE THOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING AND THE LIKE. PERMIT APPLICATION AND PLAN REVIEW FEE REDUCTIONS MAY APPLY DURING BOARD DECLARED DISASTERS: (SEE SECTION 00). A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20hours $1,500.00, 20 to 40 hours $3,000.00, more than 40 hours $5,000.00 2) Determination of Vested Rights $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 3) Appeal of Vested Rights Determination $100.00 4) Amendment to Land Development Code $3,000.00 5) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC) $1000.00 (non-refundable) B) BLASTING PERMITS & INSPECTION 1) 30 day permit fee, non-refundable payable upon application $250.00 2) 90 day permit fee, non-refundable payable upon application $600.00 3) Yearly permit fee, non-refundable payable upon application $1,500.00 4) Renewal permit fee, non-refundable payable upon application $200.00 5) After -the -fact fee, due to blasting without a permit $10,000.00 6) Fine fee, per detonated shot with after -the -fact permit $200.00 7) Blasting Inspection Fee $200.00 (per inspection) 8) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number ofblasts. C) ENVIRONMENTAL/LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre $250.00 each additional acre or fraction of anacre $50.00 ($3,000.00 maximum) 2) Agricultural Land Clearing a) Land Clearing Notification $250.00 b) Land Clearing Permit $250.00 each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 3) Landscape Tree Removal Fee $250.00 4) Environmental Impact Statement (EIS) $2,500.00 includes 1st submittal and 2" submittal, if applicable, 3rd submittal $1,000.00, 4th and subsequent submittals $500.00 each Page 2 5) Vehicle on the Beach Pennit Application $250.00 (Permit fee shall be waived for public and non-profit organizations engaging in environmental activities for scientific, conservation or education al purposes). 6) Special Treatment Review a) First five acres or less $400.00 b) Each additional acre, or fraction thereof $50.00 ($5,000.00 Maximum) 7) Coastal Construction Setback Line (CCSL) a) CCSL Permits $400.00 b) Variance - Petition $1,000.00 8) Sea Turtle Permit a) Sea Turtle Handling Permits $25.00 b) Sea Turtle Nesting Area Construction Permit $200.00 9) Vegetation Removal Permit a) First acre or fraction of an acre less $250.00 b) Each additional acre, or fraction thereof $50.00 ($3,000.00 Maximum) 10) After -the -fact Environmental or Landscape Permits a) CCSL Variance Petition 2x normal fee b) All other Environmental or Landscape Permits 4x normal fee 11) Informal Wetland Jurisdictional determination for single family parcels up to 5 acres $300.00 12) Conservation Easement review fee $300.00 application fee plus the following additional sitefee: $200.00 for CE acres less than 5 acres; $400.00 for CE area between 5 acres and 10 acres; $600.00 for CE area greater than 10 acres and less than 20 acres; $800.00 for CE areas between 20 and 50 acres; and an additional $200.00 for every 40 acres of CE area over 50 acres. 13) Listed or Protected Species review fee (when an EIS is not required) $1,000.00 D) EXCAVATION PERMITS 1) Application Renewal $300.00 2) Application (Private) $400.00 3) Application (Commercial) $2,000.00 4) Application (Development) $400.00 5) $200.00 per inspection paid in advance for 12 months 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Review Fee: $200.00 first 5000cy, plus $10.00 per additional 1000cy with a max of $20,000.00 8) Time Extension. $150.00 plus $200.00 per month inspection fee 9) After -the -fact Excavation Permit 4x application fee 10) Over excavation penalty fee per yard, plus Permit/Review $0.05 per cubic yard fee, unless maximum have been paid. E) FIRE CODE REVIEW FEES 1) Please refer to the Fire Code Office regarding their Fire Code Review Fees. Page 3 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP) $5,000.00 a) plus $40.00 per D/U b) plus $100.00 per residential building structure c) plus $0.10 per square foot for non-residential except that structures designed exclusively for parking (parking garages) shall be calculated at $0.05 per square foot d) plus $200.00 per building for non-residential e) Additional fees for 3`dreview $500.00, 4" review $1,000.00, 5b review $1,500.00, 6" and subsequent reviews $2,000.00 When a building consists of both residential and non-residential (commercial, retail, office) uses, the following fees will apply. a) $5,000.00 base fee plus $40.00 per D/U b) $200.00 per building for non-residential c) plus $0.10 per square foot of non-residential floor area d) Additional fees for 3`d review $500.00, 4"review $1,000.00, 5" review $1,500.00, 6d' and subsequent review $2,000.00 2) Pre -application fee $500.00 (to be credited toward application fee submittal) a) Second and subsequent pre -app meetings at the applicant's request shall not be credited towards application fees b) Second and subsequent pre -app meetings at staffs request will be held at no charge to theapplicant c) Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre -application meeting will be required 3) Site Development Plan Insubstantial Change a) Site Development Plan Insubstantial Change $400.00 for fust sheet, $100.00 for each and every additional sheet submitted b) Additional fees for Preview $500.00, 4s' Review $1,000.00, 5" and subsequent review $1,500.00 4) Site Development Plan Conceptual Review (CSP), Unified Development Plan (UDP), Neighborhood Park Site (NPSP), Existing Conditions Site Improvement Plan $750.00 5) Site Improvement Plan Review (SIP) $1,000.00 (plus Engineering review fees) 6) Utility Plan Review & Inspection Fees a) Construction Document Review 0.75% of probable water and/or sewer construction costs b) Construction Inspection 2.25% of probable water and/or sewer construction costs. All Inspection fees will be due at the pre -construction meeting. If no pre -construction meeting is required, all Inspection fees shall be due prior to the issuance of the permit. No construction shall take place until the fee is paid in full. Fees are considered to be non-refundable after payment is received unless otherwise determined by the Board. 7) Engineering Site Plan Review Fee a) Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction b) Construction Inspection 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction. All Inspection fees will be due at the pre - construction meeting. If no pre -construction meeting is required, all Inspection fees shall be due prior to the issuance of the permit. No construction shall take place until the fee is paid in full. Fees are considered to be non-refundable after payment is received unless otherwise determined by the Board. 8) Site Development Plan Amendment (SDPA) $2,500.00 Page 4 a) Plus $40.00 per D/U plus $100.00 per residential building structure b) plus $0.10 per square foot c) plus $200.00 per building for non-residential d) Additional fees for 3rd review $500.00, 4th Review $1,000.00, 5th and subsequent review$1,500.00 9) School Board Review (SBR) Fees a) Pre -Acquisition Meeting $500.00 (no refunds or credits) b) Pre -application fee $500.00 (to be credited toward application fee upon submittal) (all normal pre - application provisions apply) c) SBR Fee $5,000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staffhours 10) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP 4x the SIP/SDP application fee. 11) Request for alternative architectural design $500.00, no separate or additional fee for appeals to, or requests for assistance from, the Architectural Arbitration Board. 12) Site Development Plan Sheet change out (per Growth Management Department, Development Services policy guidelines) $35.00 perpage. 13) SDP Extension $150.00 14) Post Take Site Plan: Base Fee $1,000.00, Resubmittal Fee $250.00 each submittal, $3,000.00 additional if objection filed. 15) Site Plan with Deviations for Redevelopment (SDP/SDPA/SIP-DR). Application fee to request deviation(s) for a redevelopment project $1,000.00. This fee is in addition to the fee for a SDP, SDPA or SIP application. G) SUBDIVISION 1) Lot Line Adjustment (LLA) and Lot Split Review $250.00 2) Subdivision Review Fees (PPL), (PPLA) a) Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping and any other appurtenant cost of construction b) Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction. All Inspection fees will be due at the pre - construction meeting. If no pre -construction meeting is required, all Inspection fees shall be due prior to the issuance of the permit. No construction shall take place until the fee is paid in full. Fees are considered to be non-refundable after payment is received unless otherwise determined by the Board. c) Construction Document Resubmission or Document Modification: submit as Insubstantial Change $400.00 for first sheet, $100.00 for each additional sheet d) Subdivisions: 3rd and subsequent additional reviews $500.00 3) Subdivision, Preliminary Plat (PSP) a) Petition Application $1,000.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat (FP) $1,000.00 plus $5.00 per acre (or fraction thereof) for residential, $1,000.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) 5) Additional review of construction plans for phased construction of subdivision improvements $1,000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or Page 5 sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs a) 3rd and subsequent re -submittals $500.00 b) Water and Sewer Facilities Construction Inspection Fee 2.25% of probable water and/or sewer construction costs. All Inspection fees will be due at the pre -construction meeting. If no pre - construction meeting is required, all Inspection fees shall be due prior to the issuance of the permit. No construction shall take place until the fee is paid in full. Fees are considered to be non-refundable after payment is received unless otherwise determined by the Board. 9) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit 4x the PPL, PPLA, PSP, CNSTR or Final Plat Review Fee (FP). H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per set of required engineering inspections charged at time of building permit issuance 2) Re -inspection Fees: 1 st re -inspection $65.00, 2nd re -inspection $65.00, 3rd and thereafter re -inspection $65.00 1) TEMPORARY USE PERMITS 1) Beach Events Permits: a) Individual Permit $100.00 b) Block of 25 calendar days $2,250.00 c) Block of 50 calendar days $4,500.00 d) Block of 75 calendar days $6,750.00 e) Block of 100 calendar days $9,000.00 f) Block of 125 calendar days $11,250.00 g) Block of 150 calendar days $13,500.00 2) Temporary Use Permit Special Sales & Events $200.00 3) Model Homes and Sales Centers $500.00 4) Construction and Development, Mobile home, Agricultural Zoning, and Temporary use for "Coming Soon" sign $125.00 5) Residential and Non -Profit Garage and Yard Sale Permits No Charge 6) Temporary Use Amendment $100.00 7) Renewals or extensions requested after the expiration date $200.00 8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 10) Fees for Temporary Use permits issued After the Fact, ATF: 2x normal fee J) WELL PERMITS/INSPECTIONS 1) Hydraulic elevator shaft permit $300.00 2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00 3) Well permit (abandonment) $50.00 4) Well permit (construction, repair, or combined construction and abandonment atone site)$300.00 Page 6 5) Well permit (monitoring) $150.00 6) Well Permit (modification of monitor/test well to a production well) $75.00 7) Well Reinspection a) First Reinspection $65.00 b) Second Reinspection $65.00 c) Third Reinspection $65.00 8) After the fact well permits 4x normal fee per violation NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre -application meeting fee $500.00 (to be credited toward application fee upon submittal) a) Second and subsequent pre -app meetings at the applicant's request shall not be credited towards application fees. b) Second and subsequent pre -app meetings at staff s request will be held at no charge to theapplicant. c) Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre -application meeting will be required. 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1,000.00 3) Boat Dock Extension Petition $1,500.00 Boat Lift Canopy Administrative Review $500.00 4) Conditional Use Permit $4,000.00 when filled with Rezone Petition ($1,500.00), additional fee for 5"' and subseauent reviews: 20% of original fee. 5) Conditional Use Extension $3,000.00 6) DRI Review (in addition to cost of rezone) $10,000.00 plus $25.00 an acre (or fraction thereof). Additional fee for 5" and subsequent reviews: 20% of original fee Amendments deemed to be minor in nature, that is requiring minor strike thru and underline text amendments of no more than 10 different lines of text changes in the DRI will be capped at $13,000.00. Any amendment which includes a map and text change will be assessed the full fee (no cap). 7) DRUDO Amendment $6,000.00 plus $25.00 per acre (or fraction thereof). The acreage charge does not apply for amendments which only change the build -out date of the DO for a time period of less than five years Additional fee for 5"' and subsequent reviews: 20% of original fee. a. DRI Extension $100.00 8) DRI Abandonment (DRIABN) $1,500.00 9) Flood Variance Petition $1,000.00 10) Interim Agriculture Use Petition $350.00 11) Non -Conforming Use Change/Alteration $1,500.00 12) Parking Exemption $1,500.00; additional fee for 5s and subsequent reviews: 20% of original fee 13) Parking Reduction (Administrative)$500.00 14) Rezone Petition (PUD to PUD) $8,000.00 plus $25.00 an acre (or fraction thereof); (requires a submittal of a new PUD document), additional fee for 5"' and subsequent reviews: 20% of original fee (excludes minor revisions as required bystaff). 15) Property owner notifications $1.50 non -certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendments (PUD) $6,000.00 plus $25.00 an acre or fraction of an acre. Substantial Page 7 changes to the text and Master Plan; additional fee for 5" and subsequent reviews: 20% of original fee. Text changes that do not impact the Master Plan $6,000.00 (the $25.00 an acre fee will not apply). Amendments deemed to be minor in nature that is requiring minor strike thru and underline amendments of no more than 10 different lines of text changes in the PUD will be capped at $9,000.00. Any amendment which includes a map and text change will be assessed the full fee (no cap). 17) Planned Unit Development Amendment: Insubstantial (PDI) $1,500.00 requires a hearing by the CCPC only for a minor change to the PUD Master Plan, PUD Minor Change (PMC) $1,000.00 (Administrative Review for minor change to the Master Plan). 18) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or fraction thereof), additional fee for 5s' and subsequent reviews: 20% of original fee. 19) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof), additional fee for 5" and subsequent reviews: 20% of original fee. 20) Street Name Change (Platted) $500.00 plus $1.50 for each property owner requiring notification of proposed street name change. 21) Un -platted street name or project name change $100.00 per application fee plus $50.00 per additional hour or partial hour of research required to process application, not to exceed$500.00. 22) Variance petition $2,000.00 residential, $5,000.00 non-residential, additional fee for 5� and subsequent Reviews: 20% of original fee. 23) Variance (Administrative)$1,000.00 24) Zoning Certificate: Residential $50.00, Commercial $125.00 25) Sign Variance Petition $2,000.00 26) Stewardship Receiving Area Petition (SRA) $7,000.00 per SRA plus $25.00 per acre for. Stewardship Sending Area Petition (SSA) $9,500.00, Stewardship Receiving Alternative Deviation Design (SRDD) $500.00. SRA Amendments deemed to be minor in nature, that is require minor strike thru and underline text amendments of no more than 10 different lines of text changes in the SRA will be capped at $10,000.00. 27) After -the -Fact Zoning/Land Use Petitions 2x the normal petition fee 28) Land Use Petition Continuances Including Appeal of an Administrative Decision and Appeal to Board of Zoning Appeals a) Requested after petition has been advertised $500.00 b) Requested at the meeting $750.00 c) Resultant additional required advertising charged in addition to continuance fees 29) PUD and SRA Monitoring (one-time charge at time of buildingpermit pick-up) a) $100.00 per dwelling unit for residential construction within a PUD and SRA ($3,000.00 maximum fee per building permit application) b) $0.12 per square foot for non-residential construction within a PUD and SRA ($3,000.00 maximum fee per building permit application) 30) Any legal advertising required during any Growth Management Department, Development Services activity or approval process will be charged in addition to stated fees, at actual costs. The Growth Management Department reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising recording billings at the completion of the project. 31) Mixed Use Project (MUP) $2,500.00 a) Mixed Use Project Deviation $1,000.00 32) Amplified Sound Permit$300.00 Page 8 33) Planned Unit Development (PUD) closeout application and processing $2,500.00 34) Development of Regional Impact (DRI) closeout application and processing $10,000.00 35) Zoning Verification Letter: Planned Unit Development (PUD) Comparable Use Determination application fee $1,000.00. Note: This application and fee is distinct from the Zoning Confirmation Letter found elsewhere in the Fee Schedule. 36) Intent to Convert (ITC) application $2,000.00, additional fee for 5th and subsequent reviews: 20% of original fee. 37) Compatibility Design Review (CDR) petition $3,000.00, additional fee for 5th and subsequent reviews: 20% of original fee. L) MISCELLANEOUS 1) Official Zoning Atlas Map Sheet Publications, maps, and reports shall be copied at actual cost. 2) The following fee shall be assessed for all Lien Search Requests and Payoff Requests: $25.00/per property address. 3) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 4) The fee for creating and designing special computer-generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 5) CD Burning: $5.00 6) Staff shall charge the following fees for duplication of publicrecords a. $0.15 for each one-sided photocopy of documents less than 11x17 inches b.$0.20 for each two-sided photocopy of documents less than 11x17 inches c. $1.00 for each certified copy of a public record 7) Property Notification Address Listing a. MS Excel spreadsheet on Disc $70.00 b.Print out on Paper $75.00 + $0.05 for every record over 1500 c. Mailing Labels $80.00 + $0.06 for every record over 1500 d.Print out on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500 8) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezoning $750.00 c. PUD's or PUD Amendments $2,250.00 d. Letter of GMP consistency to outside agencies $250.00 e. SRA - Stewardship Receiving Area $2,250.00 f. DRI - Development of Regional Impact $2,250.00 g. FIAM—Fiscal Impact Analysis $4,000.00 9) Plan Review Fee (for planning review of all building permit applications) a. Permit Application, complex (more than one trade): $75.00 per building permit application, 2nd review 50% of fee, 3`d and subsequent 25% of fee (2"d and subsequent review fees related to Zoning approvals only) b.Permit Application, basic (no trade or one trade): $50.00 per building permit application, 2nd review 50% of fee, 3rd and subsequent 25% of fee (2"d and subsequent review fees related to Zoning approvals only) 10) Project Meetings: Active applications under review for the following project types will be afforded one inter- departmental meeting at no charge: Planned Unit Development re -zonings and Site Development Plan applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests for all other application types and additional meetings will be subject to the followingfees: Page 9 a. Meetings with Departmental. Project Approval Staff member per applicant request, reviews and petitions in progress, $150.00 per one hour minimum, $75.00 per 1/2 hour thereafter. Additional Department staff attending meeting per applicant request $75.00 per Ys hour per staffinember. b. Inter -Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per'/ hour thereafter. 11) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00+ $25.00 per residential dwelling unit or + $25.00 per 1000 sq ft commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 9.a above $100.00 per building permit application. 12) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 13) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent $15,000.00 14) GMP Amendment a. Small Scale $9,000.00 b. General $16,700.00 c. Legal advertising in addition to sub -sections a. and b. fees, and subject to applicable fee schedule provisions d. Pre -application meetings for GMP consistency for development orders and zoning/land use petitions $250.00 15) Application for issuance TDR $250.00 (non-refundable); plus $25.00 per TDR issued and recorded (total fees not to exceed $2,750.00) 16) Engineering Services a. Vacation of Easements $2,000.00 17) Building Board of Adjustments and Appeals $250.00 18) Early Work Authorization (EWA) permit $500.00 (does not include site clearing fee) 19) Legal Non -conforming Lot (LNC) $100.00 20) Vested Rights Determination (VRD) $1,500.00 21) Time Extension $150.00 22) Notice of Commencement Administrative Fee $5.00. The Clerk of Courts Recording Fee (amount as specified on the Collier Clerk of Courts website) will also be collected on the Clerk'sbehalf. M) BUILDING PERMIT FEES 1) The building permit fee shall be considered the addition of all individual trade plan review fees involved in the process plus the inspection fees. 2) Unless otherwise stated, estimated application fees paid at the time of application, are non- refundable, and will be a minimum of $50.00. Estimated review and inspection fees are to be paid at thetime of permit issuance. Inspection fees will be reconciled to the actual number of inspections performed. Additional payment is required prior to the CO issuance if actual inspections exceed estimated. Refunds issued if estimated inspections exceed actual. 3) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. Page 10 4) Phased or Early Work Authorization (EWA) permit $500.00 N) STRUCTURAL PERMIT REVIEW FEES 1) The fee for a structural permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on square footage. Minimal accepted calculated costs of construction are set forth on the attached Building Valuation Data Table - ICC Building Valuation Data Table, produced February, 2007. 2) Valuation of construction costs up to $4,999.99, $50.00 plus applicable inspection fees asrequired 3) New construction review fee of $0.055 per square foot total area for valuation of construction costs $5,000 or over, with a minimum of $100.00 4) All new construction four floors or over in height, $0.17 per square foot total area, plus applicable inspection fees as required O) ELECTRICAL PERMIT REVIEW FEES 1) Valuation of construction costs up to $4,999.99, $50.00 plus applicable inspection fees as required 2) New construction review fee of $0.055 per square foot total area, with a minimum of $100.00 3) All construction four floors or over in height: review fee of $0.09 per square foot total area 4) The minimum for any electrical permit review fee shall be $50.00 per unit or tenant space plus applicable inspection fees as required P) PLUMBING AND GAS PERMIT REVIEW FEES 1) Valuation of construction costs up to $4,999.99, $50.00 plus applicable inspection fees as required 2) New construction review fee of $0.055 per square foot total area, with a minimum of $100.00 3) All construction four floors or over in height: review fee of $0.07 per square foot total area 4) Replacement of a like kind residential grade electric water heater within a residential dwelling unit that is located within an attached and/or multi -unit structure shall be computed at $35.00(fee includes I inspection) 5) Lawn sprinkler system permit, no application fee and shall be computed at $35.00 for initial inspection 6) Gas permit review fee shall be computed as follows: a. Valuation of construction costs up to $4,999.99, $50.00 plus applicable inspection fees as required b. The minimum for any gas permit review shall be $50.00 per unit or tenant space plus applicable inspection fees as required. 7) Grease traps: additional fee of $50.00 shall be assessed for each grease trap 8) Retrofit piping shall be computed at the minimum fee of $50.00 per floor for each main riser Q) MECHANICAL PERMIT REVIEW FEES 1) Valuation of construction costs up to $4,999.99, $50.00 plus applicable inspection fees as required 2) New construction review fee of $0.055 per square foot total area, with a minimum of $100.00 3) All new construction four floors or over in height, review fee of $0.07 per square foot total area Page 11 4) The minimum mechanical permit review fee shall be $50.00 per unit or tenant space plus applicable inspection fees as required 5) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower - 6) Residential Air Conditioning Change out permits, $15.00 processing fee plus $45.00 for initial inspection R) SOLAR PERMIT REVIEW FEES 1. Pool and domestic water heater permits, $30.00 application fee plus $35.00 per inspection 2. Photovoltaic permits, application fee of $50.00 each trade plus $35.00 per inspection S) FIRE PREVENTION AND CONTROL PERMIT FEES 1) Please refer to the Fire Code Office regarding their Fire Prevention and Control Permit Fees. T) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES a. The permit fee shall be $40.00 to set-up a single -wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical, inspection and fire protection fees as applicable. b. The permit fee shall be $65.00 to set-up a double -wide or larger mobile homes on an approved siteplus electrical, plumbing, mechanical, inspection and fire protection fees as applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be: a. Valuation of construction costs of up to $4,999.99 $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99 $80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00 c. Valuation of construction costs of $50,000.00 through $1,000,000.00 $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00 d. Valuation of construction costs over $1,000,000.00 $3,474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00 2) For construction of each private pool or spathe fee shall be: $50.00 application plus applicable inspection fees as required 3) Resurfacing pool permits shall be computed at a rate of $50.00 plus applicable inspection 4) Above ground pool permits, no review fee and shall be computed at $35.00 for initial inspection V) FENCES 1) $35.00 application fee plus $35.00 per inspection as required W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Services Fee Schedule. The minimum building permit fee for sign shall be $100.00. 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection I of Sign Permit Fees. Page 12 X) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TOPLANS 1) PERMIT AND PLAN REVISIONS: the fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee forrevisions to permitted projects shall be $50.00. 2) CORRECTIONS TO PLANS a. First Correction to Plans No charge b. Second Correction to Plans $65.00 c. Third & subsequent correction to plans $90.00 Y) PERMIT EXTENSION 1) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance Z) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $20.00 application for the demolition of any building or structure; plus applicable inspection fees as required. AA) INSPECTION AND REINSPECTION FEES 1) All required and partial inspections: $45.00 per inspection 2) Re -inspections for any type of building permit shall result in an additional fee of $60.00 per re -inspection 3) An inspection fee of $90.00 shall be assessed for all inspections on a time specifiedbasis BB) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit and where such action was cited by Code Enforcement or by Contractor Licensing and resulted in a finding of violation ftom either the Code Enforcement Board, the Special Magistrate, or the Contractor Licensing Board, the fees herein specified shall be 2x the regular fee, as defined in this fee schedule, unless otherwise directed by the Collier County Board of County Commissioners. 2) Where work for which a permit is required is started or proceeded with prior to obtaining said permit and where a contractor or agent/provider where the building official or zoning official or his/her designee, (for cases involving land use development) deems that the contractor/provider should have known that a permit was required but voluntary seeks voluntary compliance by obtaining the necessary permits to abate the violation, the fees herein specified shall be 2x the regular fee, as defined in this fee schedule. 3) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, and where the unpermitted work may or may not have been completed by the property owner, and where the current owner seeks voluntary compliance by obtaining said permit to assure compliance with all applicable codes, the fees will be assessed at the regular rate as defined in this fee schedule. 4) The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. 5) The fees within section EE shall not be applicable for the re -issuance of any missing permit, missing certificate of occupancy, or missing certificate of completion that was presumed to be issued prior to April 1, 1997, upon the verification of such items presented by the property owner, or his/her designee, to the building official, or his/her designee; but shall be applicable for all reviews requiring inspection, review of plans, and all other applicable fees associated with the issuance of said permit(s), certificate of occupancy, or certificate of completion, as determined by the building official, or his/her designee, in addition to the zoning director, or his/her designee (for cases involving land use development), as defined within this fee schedule. Page 13 CC) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity $55.00 b. Contractors Change of Status (active to dormant) $10.00 c. Voluntary Registration of State Certified Contractors $45.00 d. Fee for a 6 month temporary contractor's license $55.00 e. Certified copies of Experience letters $35.00 I. Duplicate or replacement (of Competency cards) $25.00 g. Second entity application fee $105.00 2) Certificate of Competency (Annual) a. Contractor Initial License Fee $230.00 Renewal Fee $145.00 b. Specialty Contractor Initial License Fee $205.00 Renewal Fee $125.00 c. Journeyman Initial License Fee $80.00 Renewal Fee $55.00 3) Dormant Certificates of Competency (Annual) a. Contractor $130.00 b. Specialty Contractor $130.00 c. Penalty fees after 9/30 $20.00 per month until 12/31 4) Reinstatement of Delinquent License a. Contractor $230.00 plus back years b. Specialty Contractor $205.00 plus back years c. Journeyman $80.00 plus backyears d. Examination Administrative Fee $130.00 good for 6 months DD) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason EE) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $40.00. This fee includes the issuance of a new permit card. FF) PERMIT FEE REFUNDS A) Building Permit Review Standards apply to all internal Growth Management Department, Development Services reviews for building permit applications with previously approved site plans, including all required trade reviews, along with any required Zoning, Engineering and Impact Fee reviews. Reviews external to Growth Management Department, Development Services, such as a Fire, are excluded. The performance standard time frame begins upon submission of the application, and runs until either issuance of a comment letter or at approval. Review standard guarantees require the submission of a sufficient number of plan sets (to be determined by the Building Department) to accommodate parallel trade reviews. 1) New Residential construction reviews will be completed within 5 business days (if longer than 5 businessdays 50% of review fee refunded). 2) New Commercial construction reviews will be completed within 15 business days (if longer than 15 business days 50% of review fee refunded). 3) Alterations, Additions and Minor Permits: a. Residential permit application reviews will be completed within 5 business days (if longer than 5 business days 50% of review fee refunded). Page 14 b. Commercial permit applications requiring only a single trade review and will be completed within 5 business days (if longer than 5 business days 50% of review fee refunded). c. Commercial permit applications requiring 2 or 3 trade reviews will be completed within 10 business days (if longer than 10 business days 50% of review fee refunded). B) Annual Fee Adjustments: 1) Proposed Annual Fee adjustments for Building Department fees shall equal the average personnel cost change (COLA plus average merit) approved by the BCC as part of that fiscal year's budget, adjusted for any change in staffing levels. 2) Annual fee adjustments will become effective on Jan 1 of each fiscal year ifapproved. 3) Annual fee adjustments require full review and recommendation to the BCC from the Development Services Advisory Committee. Annual fee adjustments also require full BCC approval. 4) Annual fee adjustments require Building Fund total reserves to be less than 6 months of the Building Fund operating budget for that fiscal year. If reserves exceed six months of budgeted operating expenses, no annual adjustment can be requested. C) Special Fee Adjustment: 1) If Building Fund total reserves are projected to exceed six months of operating expenses in the proposed budget of any upcoming fiscal year, fees will be lowered in sufficient amount to insure Building Fund reserves remain under six months of budgeted expenses. 2) If Building Fund total reserves are projected to fall below three months of operating expenses in the proposed budget of any upcoming fiscal year, a special fee increase in sufficient amount to insure Building Fund total reserves remain over three months of budgeted expenses will be proposed for full Development Services Advisory Committee review and BCC approval. 3) Six months following any fee adjustment, other than annual increases, a full review of resulting revenue will be presented for the review of the Development Services Advisory Committee. The committee can make a recommendation to the BCC to lower fees if revenue exceeds either revenue projections used in fee adjustment calculations or targeted reserve levels. GG) RECORD RETRIEVAL 1) No charge for normal retrieving of records from inactive or remote storage including microfilmed documents 2) Next day expedited retrieval of records from inactive or remote storage $75.00 HH) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 11 x17 inches: $0.15 other sizes at cost ofproduction. b. Microfilm or Blueprint copies: 18X24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page c. Growth Management/Planning & Regulation self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. 11) CERTIFICATE TO BOARD BUILDING 1) Initial Boarding Certificate $150.00 2) Boarding Certificate Extension $150.00 JJ) ADDITIONAL FEE REFUND PROVISIONS 1) Requests for fee waivers may only be approved by the Board. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Development Services Page 15 Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. KK) REFUND PROVISIONS I) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Building, Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review or inspection and withdrawn by the applicant. Either the applicant or payer may, within 4 years of the date of payment apply for arefund for only those staff review or inspection services that were not performed. Failure to make timely application for a refund shall waive any right to a refund. The application for a refund shall be filed with the County Manager of his/her designee and shall contain the following: a. The name and address of the applicant b. The location of the property upon which the development was proposed c. The date the specified fee was paid _ d. A copy of receipt of payment; and e. Payment of a non-refundable "refund processing fee" equal to one percent (1%) of the refund requested, except that the minimum processing fee shall be $25.00 and the maximum processing fee will not exceed $250.00 Refund requests totaling $25,000.00 or more cannot be approved administratively and must be submitted to the Board for approval. 3) In no cases will there be refunds for pre -application fees, data conversion fees, appeals ofadministrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. LL) ADDITIONAL FEE PROVISIONS 1) In those cases where alternative methods or timing of payments for Growth Management Department services and/or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Growth Management Department, Department Head will have the authority to approve such alternatives. Such alternatives must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until payments due the Growth Management Department are received in full. 2) All hourly fees are computed and charged from actual Divisional time tracking records. 3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 4) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by Growth Management Department staff. Page 16 MM) "PAYMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES) 1) Calculated using the current Florida Department of Transportation (FDOT) construction costs or an engineering estimate not to exceed twenty-five percent (25%) of the submitted application request's total project cost. NN) OPTIONAL TEMPORARY CERTIFICATE OF OCCUPANCY 1) $250.00 for commercial, over 30,000 sq. ft $500.00 $100.00 for residential 00) BOARD DECLARED DISASTER PROVISIONS 1) When a disaster declaration is announced by the Collier County Board of County Commissioners, and Board -declared provisions are enacted by the Board, the permit application and plan review fees referenced in Sections L - O and T (Zoning, Building, Structural, Electrical, Plumbin¢ and Gas, Mechanical and Mobile Home/Other Trailer), and domestic water heaters, shall be reduced by 50%. The reduction applies only to Florida Building Code residential structures and mobile/manufactured homes that are considered primary residences including their attached garages and carports. Excluded from the provision are all other structures not identified above or not within the Florida Building Code residential code, non -primary residences, damages to outbuildings and accessory structures, including but not limited to sheds, detached carports, guest houses, and pool cages. Also excluded from this provision are inspection fees. 2) Eligibility criteria under the Board Declared Disaster Provisions are as follows: • Proof of ownership and occupancy as a primary residence • Damage assessment report from property's insurance adjuster, Collier Countv Building Official, or authorized FEMA/FDEM representative • Photographs depicting declared disaster -related damage • Attestation that damage was caused by the declared disaster, signed by owner • Owner verification that no other monetary aid from the Collier County Board of County Commissioners has been or will be applied in relation to disaster relief 3) Eligible applicants will have 180 days following the Board declaration of a disaster to apply for reduced fees. There will be an additional 90 -day period beyond the initial 180 days for application during which an eligible applicant who paid the full fees could apply for a refund of 50% of the applicable permit application and plan review fees. This is the last page of the Growth Management Department, Development Services Fee Schedule Page 17 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 10/23/2017 4:44:02 PM. Name: IClay Colyer Brooke Home Phone: Home Address: 1296 Saddlebrook L City: gig Zip Code: 34110 Phone Numbers Business: 239-261-9300 E -Mail Address: leebrookergnapleslaw.co oard or Committee: Development Services Advisor Committe Cate o : Not indicate Place of Employment: Cheffy Passidomo, P.A. How long have you lived in Collier County: more than 15 ow manv months out of the vear do you reside in Collier Countv: I am a vear-roun IHave you been convicted or found euilty of a criminal offense (anv level felonv or first degree misdemeanor only)? Nod of Indicate 0 you or your employer do business with the County? No of Indicate NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? 0 Rot Indicate Are you a registered voter in Collier County? Yes Do you currently hold an elected office? 0 Do you now serve, or have you ever served on a Collier County board or committee? Yes DSAC Please list your community activities and positions held: Princeton Club of Southwest Florida, Director/Officer Friends of Rookery Bay. Directo Education: Princeton University, B.A. in politics, 1991 University of Florida College of Law, J.D., 1994 -Land use attorney -Certified by the Florida Bar as a specialist in City, County, and Local Gov'd Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 11/1/2017 2:24:38 PM. Name: Chris Mitchel Home Phone: 239-682-2248 Home Address: 16227 Spanish Oaks Lan City: ale Zip Code: 34119 Phone Numbers Business: 239-405-9148 E -Mail Address: cmitchellTeen .co Board or Committee: Development Services AdvisoryCommitte Cate o : Professional En inee lace of Employment: JR Evans En ineerin How long have you lived in Collier County: more than 15 How manv months out of the vear do you reside in Collier Countv: I am a vear-roue (Have you been convicted or found euilty of a criminal offense (anv level felonv or first) degree misdemeanor only)? No of Indicate 0 you or your employer do business with the County? No Rot Indicate NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with whichou are affiliated benefit from decisions or recommendations made by this advisory board? Yes an engineering consulting business, we will be affected positively and decisions made by the committee as we must adhere to policies and ordinances for which DSACI Are you a registered voter in Collier County? Yes Do you currently hold an elected office? Fo Do you now serve, or have you ever served on a Collier County board or committee? Yes DSAC DSAC Fire Sub -Committee DSAC Utility Conveyance Sub -Committee Collier County [Utility Discussion Groun Please list your community activities and positions held: B.S. Civil/Environmental Engineering Purdue University 1995 M.S. Environmental Engineering{ niversity of Cincinnati 1997 Experience / Background I am a licensed professional engineer 16 ears with over 20 years of engineering desi experience. My design and experience includes single family and multi -family residential developments, commercial developments, institutional developments, golf course design an utility master planning. I coordinate design and permitting of projects within Collier Count based on the LDC and have a firm understanding of design criteria within the LDC. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 11/15/2017 10:27:52 AM. Name: liames E. Bou hto Home Phone: 239-821-7600 Home Address: 760 Clarendon C City:ale Zip Code: 34109 Phone Numbers Business: 23 9-821-7600 E -Mail Address: jeb760 comcast.ne Board or Committee: Development Services AdvisoryCommitte Cate o : Architec Place of Employment: James E Boughton, Architec ow long have you lived in Collier County: more than 15 How manv months out of the vear do you reside in Collier Countv: I am a vear-roue Have you been convicted or found guilty of a criminal offense (anv level felonv or first{ degree misdemeanor only)? Nod of Indicate Do you or your employer do business with the County? No of Indicate NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with whichou are affiliated benefit from decisions or recommendations made by this advisory board? No of Indicate Are you a registered voter in Collier County? Yes Do you currently hold an elected office? ©o Do you now serve, or have you ever served on a Collier County board or committee? Yes currently a member of DSAC Please list your community activities and positions held: Fast City of Naples, Code Enforcement Board membe Education: Bachelor of Architecture Kent State Universit 140 years experience as a practicing architect. Business owner in Collier County since 1992.1 Code Enforcement Division Monthly Resort October 22 —November 21, 2017 Highlights • Cases opened: 576 • Cases closed due to voluntary compliance: 280 • Property inspections: 2237 • Lien searches requested: 793 Trends Cases Opened Per Month 900 Bao s m o 700 m 600 ----�— 500 — N m 400 300 200 100 0 This report reflects monthly data from: October 22 thru November 21, 2017 This report reflects monthly data from: October 22 thru November 21, 2017 Total Code Cases Opened Annually Code Inspections per Month 8000 8960 7139 0 3500 8705 6000 m9i <t .ti � m m 5000 3000 4000 3000 2500 1000 o r 2000 0 v 1500 1000 Soo 0 Oma° bac 1 e bac PQc ��a This report reflects monthly data from: October 22 thru November 21, 2017 Total Code Cases Opened Annually 9000 8000 8960 7139 7000 8705 6000 5000 4000 3000 2000 1000 0 2015 2016 2017 This report reflects monthly data from: October 22 thru November 21, 2017 5000 4500 Origin of Case 4000 3500 ■ Code Div. Initiated Cases 3000 ■ Complaint Initiated Cases 2500 2000 1500 1000 500 0 2016 2017 This report reflects monthly data from: October 22 thru November 21, 2017 October 22 - November 21, 2017 Code Cases by Category snipe signs omitted Site Sign: 3% Ri, Veeatntinn Parking Enforcement 1% Noise 2% >ment ng Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement —Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species -Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from: October 22 thru November 21, 2017 September 22 - October 21, 2017 Code Cases by Category Snipe signs omitted Site Sign: 2% Right Vegetation ,_.._ prraccn ni I],a Property Maintenance Parking Enforcement 24% 4% Noise 2% ement ensing Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species -Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements —Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from: October 22 thru November 21, 2017 August 22 - September 21, 2017 Code Cases by Category Snipe signs omitted Site Dei Signs 2% Right of 7% Vegetation Animals 3% 10% Parking Entorcement 2% 1% Noise 2% tement Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement —Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from: October 22 thru November 21, 2017 a MAN Collier County Growth Management Department Memorandum To: Development Services Advisory Committee (DSAC) From: Jeremy Frantz, LDC Manager Date: November 29, 2017 Re: DSAC recommendation for 2017/2018 LDC Amendments On November 13, 2017, the Development Services Advisory Committee — Land Development Review Subcommittee (DSAC-LDR) reviewed and provided recommendations of approval for twelve proposed LDC amendments in the 2017/2018 LDC Amendment Cycle. Below is a summary of each amendment and any changes or information requested by the DSAC- LDR Subcommittee. Several of the LDC amendments include related Administrative Code amendments, which are described in, and attached to, the relevant amendments. The following amendments are also available online at: www.colliergov.net/currentldcas. Privately Initiated Amendment Adding an exemption from the standards for development in airport zones: LDC section 4.02.06 (PL20160003642) (Pg. 5 of 70) This amendment is intended to expressly identify an exemption (applicable to the proposed Mini -Triangle project — PL20160003084 and P1,20160003054) to the LDC Airport Zone height limitations, generally utilizing the same format as was previously_ used to identify an exemption for the Marco Shores Golf Course Community, and to renumber/reformat the related paragraphs. Clarification Amendments Re -codifying the definition for "nonconforming lot of record": LDC sections 1.08.02 & 9.03.03 (Pg. 7 of 70) This amendment reinstates the definition for a "nonconforming lot of record" as previously codified by Ordinance 82-002 and amended by Ordinances 91-102 and 99-6. DSAC-LDR Subcommittee follow-up The DSAC-LDR Subcommittee requested more information regarding the meaning of the phrase "The effective date of this Code." Staff modified the amendment to incorporate the date used in Ordinance 82-002: October 14, 1974. DSAC Page 1 of 70 Collier County Growth Management Department Establishing martial arts, gymnastics, and dance as permitted uses in C-3 and Industrial Zoning Districts: LDC section 2.03.03 (Pg. 9 of 70) This amendment clarifies "martial arts" and "dance, gymnastics, judo; and karate instructions," are permitted uses in the C-3 and Industrial Zoning Districts where physical fitness facilities are also permitted uses. It also clarifies that outdoor amusement and recreation services are conditional uses in the C-3 Zoning District and reinstates an omitted Standard Industrial Classification (SIC) Code in the C-4 Zoning District. Clarifying dimensional standards for accessory buildings and structures: LDC sections 2.03.07, 4.02.01, 4.02.03, 4.02.04 & 4.02.06 (Pg. 13 of 70) This amendment reorganizes the dimensional standards tables for accessory structures to clarify and correct several provisions and highlight swimming pool and screen enclosure setbacks. Clarifying procedures for Lot Line Adjustments and Lot Splits: LDC section 4.03.04 (Pg. 26 of 70) This amendment clarifies the procedure for the review and timely recording of both lot line adjustments and lot splits, and it clarifies that lot splits are applicable to all zoning districts. DSAC-LDR Subcommittee follow-up The DSAC-LDR Subcommittee inquired whether the current 12 -month timeframe for recording lot splits and lot line adjustments should be shortened. Staff understands that recording a lot split or lot line adjustment may take four to six months and the 12 -month timeframe allows for unexpected delays. As this amendment is intended only to clarify the procedures for lot splits and lot line adjustments, staff does not feel a change to this timeframe is required. Staff change after DSA C-LDR Subcommittee recommendation Additional changes were made to the amendment to improve the clarity of the approval process and effective date of lot splits. Changes to the text that was previously reviewed by the DSAC-LDR Subcommittee include the relocation of some provisions to the respective sections related to lot line adjustments and lot splits, and the clarification of some existing language. DSAC Page 2 of 70 Collier County Growth Management Department Clarifying the criteria for Early Work Authorizations: LDC section 10.01.02 (Pg. 29 of 70) This amendment proposes to remove the requirement for a determination of legal sufficiency for an Early Work Authorization permit (EWA) agreement. Clarifying the Planned Unit Development Insubstantial Change (PDI) approval process: LDC sections 10.02.13 & 10.03.06 (Pg. 31 of 70) & related Administrative Code change (Pg. 35 of 70) This amendment adds a requirement for PDIs and PUD minor changes (PMCs) to be heard by the Board to approve the ordinance amendment. Growth Management Plan (GMP) Consistency Amendments Modifications to the Rural Fringe Mixed Use District and Rural Fringe Areas map: LDC section 2.03.08 (Pg. 41 of 70) This amendment modifies provisions related to the Rural Fringe Mixed Use District and the Rural Fringe Areas map for clarity and to ensure consistency with the GMP. Modifications to provisions related to the North Belle Meade Overlay specific only to Section 24, Township 49 South, and Range 26 East: LDC sections 2.03.08 & 3.05.07 (Pg. 47 of 70) This amendment modifies provisions related to the North Belle Meade Overlay specific only to Section 24, Township 49 South, Range 26 East, to ensure consistency with the GMP. Modifications to the Big Cypress Area of Critical State Concern (ACSC) and five zoning maps within Township 52, South, Range 30 East: LDC section 4.02.14 (Pg. 49 of 70) & Zoning Maps 522930, 2033N, 20335, 2034N & 20345 (Pg. 51 of 70) This amendment modifies provisions related to the Big Cypress ACSC and five zoning maps within Township 52 South, Range 30 East, to ensure consistency with the GMP. New Standards Requiring soil erosion and sediment control Best Management Practices for single family, two family, townhouses, and underground utility construction: LDC section 6.01.05 (Pg. 61 of 70) This amendment proposes to require Best Management Practices (BMPs) for soil erosion and sediment control for developments such as single-family, two-family, townhouse structures, as well as underground construction activities. DSAC Page 3 of 70 Collier County Growth Management Department Staff change after DSA C-LDR Subcommittee recommendation When reviewed by the DSAC-LDR Subcommittee this amendment identified that soil erosion and sediment control BMPs must be in place prior to the first building permit inspection. Staff has modified the amendment to require BMPs to be in place prior to commencement of construction. Establishing an exception from an Administrative Variance for Minor After -the -Fact Encroachments: LDC section 9.04.04 (Pg. 64 of 70) This amendment creates an exception from the requirement to pursue an Administrative Variance for residential structures with setback encroachments of three inches or less that result from the application of exterior wall treatments. Staff change after DSAC-LDR Subcommittee recommendation After additional input from the County Attorney's Office, proposed LDC section 9.04.04 B.1 has been modified. These changes are intended to clarify the provision and do not result in any substantive change to the amendment. Removing limits on text amendments to the Land Development Code: LDC section 10.02.09 (Pg. 66 of 70) & related Administrative Code change (Pg. 68 of 70) This amendment modifies the number of times amendments to the Land Development Code (LDC) may be made. A related Administrative Code amendment adds a requirement for pre - application meetings for privately initiated LDC amendments. Recommendations from the DSAC-LDR Subcommittee and DSAC will be provided to the Collier County Planning Commission and Board of County Commissioners (Board) during public hearings anticipated in early 2018. Please contact me if you have any questions, Sincerely, Jeremy Frantz JeremvFrantz ancollier og vnet (239) 252-2305 DSAC Page 4 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 LDC AMENDMENT REQUEST LDC Section(s): 4.02.061. Standards for Development in Airport Zones Author: Robert J. Mulhere, FAICP, VP Planning Services Change: To expressly indentify an exemption (applicable to the Mini Triangle project) to the LDC Airport Zone height limitations, generally utilizing the same format as was previously used to identify an exemption for the Marco Shores Golf Course Community, and to renumber/reformat the related paragraphs. Reason: Assuming the GMPA and MPUD are amendments are necessary to: Reflect the height exemption (from the appli( so that anyone utilizing the LDC to determine "Airport Zones" would see that the Mini Triar limitations) and would then understand the n for the Mini Triangle MPUD to determine the These proposed LDC Amendment would receive fie proposed SSGMPA and MPUD are approved. Fiscal & Operational Impacts: There are no sp the proposed LDC Amendments. However, if the I Mini Triangle Subdistrict there will be a significar CRA via increased tax receipts to the CRA .This result of creating a CRA and investing an incrE redevelopment and improvement in the CRA. Addi the Mini Triangle will act as catalyst for further approved by the BCC, the proposed Airport Zone building height limitations), itations for properties with the designated ,ias a limited exemption (from the height to review the referenced ordinance number ct nature of that exemption, 31 consideration and approval only after the -ific fiscal ,impacts or costs associated with operty is developed as permitted under the return on the taxpayers investment in the s exactly the outcome desired as the end lent of property tax revenues to promote )nally, as was intended, development within nvestment and redevelopment in the lager Related Codes or Regulations: This LDC is "submitted with companion petitions SSGMPA (PL 20160003084/CPSS) and MPUD (PI -20160003054) Growth Management Plan Impact: The proposed LDC Amendment is necessitated in the event the Mini Triangle Subdistrict and companion MPUD are approved). The proposed change is consistent with that subdistrict and with the overall GMP. Amend the LDC as follows: 4.02.06 - Standards for Development in Airport Zones 43 L. Exemptions. 44 45 1. Development of the Marco Shores Golf Course Community that comports with the 46 location and height requirements of Ordinance No. 81-6, as amended by Ordinance No. 47 85-56 and Ordinance No. 94-41, is exempted from the provisions of section 4.02.06 48 only to the following extent: Page 1 of 2 DSAC Page 5 of 70 49 a. 4- The agreement between Johnson Bay Development Corporation Collier 50 County Airport Authority and the BCC, dated August 8, 1995. 51 b. � Prior issuance of a Federal Aviation Administration "Determination Of No 52 Hazard To Air Navigation." 53 2. Development of the Mini -Triangle Subdistrict of the Urban Designation Urban Mixed 54 Use District of the Growth Management Plan that comports with height requirements of 55 Ordinance 2017- is exempted from the provisions of section 4.02.06 only to the 56 following extent: 57 a. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To 58 Air Navigation", including such letters dated January 1 2017 or subsequent letters 59 addressing structures within the Mini -Triangle Subdistrict of the Urban Designation 60 Urban Mixed Use District of the Growth Management Plan. Page 2 of 2 DSAC Page 6 of 70 1 2 3 4 5 6 7 Text underlined is new text to be added Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Planning and Zoning Division Staff LDC SECTION: 1.08.02 Definitions 9.03.03 Types of Nonconformities SUMMARY: This amendment reinstates the definition for previously codified by Ordinance 82-002 and amended by Q DESCRIPTION: During recodification of the LDC lot of record" as defined by Ordinance 82=002 and replaced with regulatory actions that are duplicated! In review of LDC section 9.03.03 A.4, staff requirement that a separate legally binding do more adjacent non -conforming lots .fo"MIl deve_ and cannot be approved unless theta Ys:a,lei County, prior to the issuance of a buildingpe Lastly, the amendment shaU, the County as a unifiedpar` anothernonconforminp, gree DSAC-LDR SUBCOMIYII recommended making spec$ that the Q d& may a111w an ai incorpora d in the ame- 2017. , FISCAL & OPI+RATIONA associated with th s=amendme GROWTHMA Plan impacts associated wtt1 Amend the LDC as follows: 1.08.02 Definitions =forming lot of record" as 91-102 and 99-46. m of a "nonconforming 91-102 and 99-46, was 13 A.4. it is not necessary ded prior to t "'I ' ermit is a legally Y f a unified parcel, for an additional lbining of two or u!`ing document approved by the combined and approved by Alit or subdivided to create TION: The DSAC-LDR Subcommittee , 1974, and retaining language identifying ng a parcel. These recommendations were recommended approval on November 13, There are no anticipated fiscal or operational impacts LAN IMPACTS: There are no anticipated Growth Management amendment. .......... -- 11111111111 1 11 11 1 - 11111� M, IN, 121M W. 1 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\1.08.02 Definitions 11-21-17.doex DSAC Page 7 of 70 Text underlined is new text to be added +e.F StFikethM y4..::........Rt te..t tQ he deleted 2 3 was rel;Ggnized as legal„g 4 5 tG reflect a siRgle PaPGel with a Unified legal description. QRGe SUGh a document has bepn 6 7 8 as „„ then be aliewed by this Gede Any lawful lot or parcel which was recorded, or for which 9 an agreement for deed was executed prior to October 14 1974 and which lot or parcel does 10 not meet the minimum width or lot area requirements as a result of the passage of this Code 11 shall be considered as a legal nonconforming lot and shall be eligible for the issuance of a 12 building permit provided all the other requirements of this Cad the Florida Statues are met 13 This definition also includes any lot or parcel made noncoriformingby a rezoning initiated by 14 Collier County to implement the Zoning Reevaluation Ordinance Number 90-23 (1990) 15 # # # # # # # # # 7;# # # # 16 17 9.03.03 Types of Nonconformities 18 A. Nonconforming lots of record. In any district, any permitted or permissible structure may 19 be erected, expanded, or altered on any tot of record at the effective date of adoption or 20 relevant amendment to the LDC. 21 22 4. When two or more adlacerlt legal nonconfamling Tots of record are either 23 combined under a single foilo.or,parcel number for taxing purposes by the 24 property appraiser's office, or combined as a siii„gle parcel by recording the 25 previously separate non-c3nforming,lots into orie,ie,gal description, neither or 26 both of these a tions will prohibit the owner or futures,owners from subsequently 27 splitting the pi�into two ormore folio or farce[ numbers for tax purposes, or 28 severing the parcels into their iormerlegal desoiriptions as legal nonconforming 29 lots of record accordirig to the original legal description(s) at the time the property 30 was recogrlrzed as le�ai nonconf6rming o• ^• to ^„„ two OF mGPe ,.a'„^^„t legal 31 32 ,n 4 he a f + `i^r)arGpliAFfliii a 1-1 ,t t' . Once 33suGh a, t ti bPPR rescirded te aR;eRd the legal a--- t a p_._..' 34 development -permit h;4 ,been approved by the County for development as a 35 unified parcef that comBined the nonconforming lots, the property cannot be split 36 it subdivided 6k*t as may then be allowed by this Code. 37 5. Nonconforming Corner Lots. Corner Tots of record which existed prior to the date 38 of adoption of Collier County Ordinance No. 82-2 [January 5, 1982] and which do 39 not meet minimdtrllot width or area requirements established in the LDC, shall 40 be required;;o°p7 r ide only one full depth front yard. The full depth front yard 41 requirement`stiall apply to the front yard which has the shorter or shortest street 42 frontage. The setback requirement for the remaining front yard(s) may be 43 reduced to 50 percent of the full front yard setback requirement for that district, 44 exclusive of any road right-of-way or road right-of-way easement. For setbacks 45 for Estates (E) zoning district, see LDC Ssection 2.03.01. 46 # # # # # # # # # # # # # 2 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\1.08.02 Definitions 11-21-17.docx DSAC Page 8 of 70 1 2 3 4 5 6 7 Text underlined is new text to be added Pext stAkethrGughmevvxFrnaZcmFoo'vmmvv Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Planning and Zoning Division Staff LDC SECTION: 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts SUMMARY: This amendment clarifies "martial arts" and "dance, gymnastics, judo, and karate instructions," are permitted uses in the C-3 and Industrial Zonhi,g;Districts where physical fitness facilities are also permitted uses. It also clarifies that outdoor amusement and recreation services are conditional uses in the C-3 Zoning District and reinstate an omitted Standard Industrial Classification (SIC) Code in the C-4 Zoning District. DESCRIPTION: Since 2006, staff has relied Dili; to allow certain forms of physical fitness uses jW karate instruction in the C-3 zoning district (Ek codified as permitted uses in the LDC. The admin public which results in frequent questions to staff zoning districts. The amendment propgses to godil fitness uses as permitted uses in the C-3'zo 1 9 administrative memorandum that was issued ling martial arts, dame, gymnastics, judo, and I A). However, they have not been officially 'W'- ve rncinbranda are not Well known to the gardldg he availability of these uses in C-3 the sfaff policy of considering these physical Additionally, this amendment clarifies in LDC secion.03.03 Cwi.c, that the conditional use "Amusement and Re c "',"on' Se does," in fhe C 12, ng district is for outdoor uses only. Also, the amendment rein Cates SIC ode number 999 in the zoning district which was inadvertently omittedwhen OrdmaiSe 08 I1 wayadopted. Lastly, in the Industrial district the amendment sbaU clarify indopr reczeation,uses inuiiing physical fitness are permitted uses. iUBCOMMITTEK RECOMWNI)ATION: The DSAC-LDR Subcommittee approval on?Novembcrj_ , 2017, Wkh no changes. FISCAL & "QP>ERATIONAI�-IIMPACTS There are no fiscal or operational impacts that are anticipated with�this amendmen,.. GROWTH MANAC ENT -,,--,,PIAN IMPACTS: There are no Growth Management Plan impacts associated with this nnndment. Amend the LDC as follows: 2.03.03 - Commercial Zoning Districts C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the 1 ULDC Amendments\Current Work\Rich\Martial Arts, Dance Studios, Amusement & Recreation Services\2.03.03 Martial Arts -Dance Instructions 11-29-17.docx DSAC Page 9 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added Text sti kethro gh s n rrent te)d In be diplAtpri intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element Of the Collier County GMP. The maximum density permissible or permitted in the C-3�dist"rict shall not exceed the density permissible under the density rating system 1. The following uses, as identified with a ndmbe> from the Standard Industrial Classification Manual (1987), or as otherwise prodded for within this section are permissible by right, or as accessory or conditional=uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721); 2. Adjustment and collection servji4s (7322). 3. Advertising agencies (7311) 0 ary (0752, excluding 5.6. Appigel and accessoty"storei�<(5611-5699) with 5,000 square feefo��less of grvss,ffoor area iii��fe principal structure. Note: ALL REMAINING SUOSECTIONS TD BE RENUMBERED ACCORDINGLY e.: Condi€iarYa r ses` fie following,,uses are permissible as conditional uses p1 the co mr erclaI iriieYmediate'district (C-3), subject to the standards and proceduresestablis hed "in sections 4.02.02 and 10.08.00. 1. AmuseihanIs and recreation services outdoor (7999 - boat rental, in If course, bicycle, and moped rental, rental of beach chairs and accessories only). D. General Commercial Dist&t (C-4). The general commercial district (C-4) is intended to provide for thosetypes;afjand uses that attract large segments of the population at the same time by virtue ofscale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, 2 L:\LDC Amendments\Current work\Rich\Martial Arts, Dance Studios, Amusement $ Recreation Services\2.03.03 Martial Arts -Dance Instructions 11-29-17.docx DSAC Page 10 of 70 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Text underlined is new text to be added TeA StF kathFa gI; sGuFFPM text tA be dlPP1PA objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising — miscellaneous 719f. 5. Agricultural services (0783); 6. Amusement and recreatlo'nr"er`ftes, indoor7( 999). 2.03.04 — Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial districtti(1) is to provide lands n,_ wholesaing for manufacturing, processing, storage and Warehousing, , and distribution. Service and commercial activities that are' I te tor) enufacturing, pIyyessing, storage and warehousing, wholesaling., and distribution acYi ti 's, as well as commercial uses relating to automotive repair-and;equiI s and repair are also permissible in the I district. The I district cof spots to and imdietpents the industrial land use designation on the future land use map o#tie Collier C3aJnty GMP. 1. The followln uses, as Ideti#ted wit(ii7� the Standartl„Industrial Classification Manual (19$7)2,'ar as othenn J provided for within tlals section, are permitted as a right, or as accessory or coradiYio, tisesv pin, the industrial district (1). a. Permitted uses. ali mess facilities,, indoor (7911 except Discotheques, 7999 - hued to baseball instruction, basketball instruction, yoga instruction, gymnastic schools. and 3 L:\LDC Amendments\Current Work\Rich\Martial Arts, Dance Studios, Amusement & Recreation Services\2.03.03 Martial Arts -Dance Instructions 11-29-17.doex DSAC Page 11 of 70 EXHIBIT A MEMORANDUM Community Development & Environmental Services Division Department of Zoning & Land Development Review To: Front Counter Planners From: Ross Gochenaur, Senior Planner Date: 9 May 2006 Subject: Zoning for physical fitness uses, including martial arts and dance instruction The question of what zoning districts permit these uses continually resurfaces. The above uses are permitted in C-3, C-4, C-5 and Industrial zoning. This is based on the reasoning expressed in Susan Murray's memo dated 24 December 2003, which groups these uses under the general heading of physical fitness, allowing them in the Industrial zoning district and by extension of this logic, in C-3, C-4 and C-5. Although the SIC code for physical fitness is SIC 7991, two other SIC codes are involved, because these codes include certain activity classified as physical fitness: 7991 (physical fitness) includes aerobic dance and exercise classes, weight -reduction exercise classes, gymnasiums and health clubs, and all uses under this category are permitted in the above districts; 7911 (dance studios, schools and halls) of which only dance studio, dance instruction, and dance schools are permitted in the above districts; and 7999 (amusement and recreation services) of which only martial arts (such as karate and judo), yoga, gymnastic instructions, gymnastic schools and indoor recreation involving physical exercise (such as handball, tennis, swimming, racquetball, etc) are permitted in the above districts. With regard to uses under the last two categories which do not constitute physical fitness, these are permitted as indicated in the LDC Use Tables. DSAC Page 12 of 70 Text underlined is new text to be added Stiikethro gh tEsd'nn eRttWA to Ao deleted Land Development Code Amendment Request ORIGIN: Board of Zoning Appeals and Growth Management Department Staff AUTHOR: Growth Management Department Staff LDC SECTIONS: 2.03.07 Overlay Zoning Districts 4.02.01 Dimensional Standards Districts 4.02.03 Specific Standards for I Structures 4.02.04 Standards for Cluster R 4.02.06 Standards for DeVeIODI* SUMMARY: This amendment reorganizes structures to clarify and correct several pro enclosure setbacks. DESCRIPTION: Changes to LDC section 2.03.07 This amendment removes refere LDC section 4.02.04. for Principal Uses in Base Zoning of Accessory Buildings and Design -Dort Zones Changes to LDC section 022�0i . This amendment expfinds the allawance for setb"�,k encronents for permanent emergency generators from single family residences ons, Ao include multi -family and non-residential buildings. This change represents staffs current i,plication of setbacks to permanent emergency generators formmli familytid„non residentlal builz3ngs. Currently„setbacks for accessory buildings and structures are located within two tables that are difficult to nae.and contain ift nsrsten�ids and missing information. This amendment merges the tables into one for clarity and usability and includes the following changes: 1. Carports: Curientiy theUles identify the same setbacks for carports and parking garages. However, LDO*ctton 4'A .01 D.12 allows setback encroachments for carports which are open on all sides'F,iffbmmnercial, industrial, and multi -family residential developments. This amendment separates carports from parking garages in the table, includes a cross- reference to LDC section 4.02.01 D in the notes, and identifies the same standards apply to two-family dwelling units for clarity. Additionally, the rear setback for commercial, industrial, and multi -family carports is changed from "35 feet' to "SPS” for consistency with the rear setback for one-story and multi -story parking structures, as described in the next section. 2. One-story and multi -story parking structures: The following two changes to the required setbacks for one-story and multi -story parking structures are included: 1 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 13 of 70 Text underlined is new text to be added Str Vethng gh te;d is n on1 tp)d In be r1p4pterl a) One-story and multi -story parking structures are currently listed separately, but have the same required setbacks, except for the structure to structure setbacks which are as follows: • One-story parking structures: 10 feet • Multi -story parking structures: 1 foot of accessory height = 1 foot of building separation (1/1) Since one-story parking structures are typically 10 feet in height or less, these two standards are effectively the same. Additionally, any one-story parking structure that is more than 10 feet in height should have the same structure -to -structure setback as any other parking structure that is more than -10 feet in height. Therefore, this amendment combines these two items in the;table and modifies the structure to structure setback to "1/1 with a minimum oft Qf'eet " b) Currently, the rear setback for waterfront and non -golf course waterfront or golf course lots Additionally, a 35 -foot rear setba structure in several zoning distric family parking structures on nor from "35 feet" to "SPS," 3. Parking garage garages for sing that include deta U setback for detat two-family use, A is 35 feet. He ne same as to greater than the structures on non - the rear setback on pal structure (SPS). )ack for the principal s for one- and multi- trse lots are changed (one- and two-family);' Currently, only setbacks for detached parking family dwelling units are identified, while two-family dwelling units ohed parking garages are not listed. This'atnendment codifies the same hed parking garages w)ietlter the pricipal structure is a one -family or insistent with staffs cuient application of this section. to 36 inches into identified. This amendment? generators is the same'as the LDC section 4.02.01 D in -the arrently, the side setback for permanent emergency to LDC section 4.02.01 D.13, which allows tlfide setback. However, the setback itself is not that the side setback for permanent emergency structure (SPS) and includes a cross-reference to 5. Tennis courta (private (one- and two-family): The "(private)" designation is removed from tennis court for,ope- and two-family. Public tennis courts are not an accessory use to one- and two-family structures so the distinction is unnecessary. 6. Trellises, arbors, and similar structures: Trellises, arbors, and similar structures are not currently listed in the tables. Instead, staff uses a 2007 administrative memorandum when applying setbacks to these structures (Exhibit A). Consistent with the 2007 memo, this amendment adds two setback requirements for trellises, arbors, and similar structures which vary depending on whether the structure exceeds the maximum fence height for the respective zoning district. 2 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 14 of 70 Text underlined is new text to be added StF kethrn ..1. teA is n nn11nN In 4.n An ptpd Attached screen porches, swimming pools and screen enclosures: Currently, setbacks for attached screen porches and swimming pools and screen enclosures on waterfront lots and golf course lots include a lengthy and confusing note. Additionally, setbacks for swimming pools and screen enclosures were the subject of a variance request heard by the Board of Zoning Appeals (BZA) on February 28, 2017 (See Agenda Item 8.A). At the meeting, it was noted that the pool and screen enclosure standards are currently contained in multiple tables and notes in the LDC, making them easy to overlook. In response, the BZA directed staff to proceed with an LDC amendment to clarify these tables. This amendment relocates the notes for attached screen porches and pools and screen enclosures into the new table for clarity. The setbacks are also modified to remove a refefef e to Marco Island. Setbacks for swimming pools and screen enclosures werenicidifiad by Ordinance No. 97-2. Marco Island had not yet incorporated at the time the ordinance vias adopted, so the provision in Table 4 - Note 3 included standards appli6ble to Marco; stand. When Marco Island incorporated later in 1997, the standardsib longer applied ftfahe, City of Marco Island, �. therefore, the reference to Marco Islaidil removed. Additionally, the word "screen" is porches should have the san* �b 8. Chickee, barbecue areas: Cuipently..the structure' barbecue areas" is "10 feet" on dii -waterfront and n waterfront and gulf bb, c lots. The structure 16-stfuc course lots is changed t x`10 feet" tta be ccnsisterif waterfront andnbn-golf course lots and £lire safety. d screen porchbecause attached a screen or not. acture setback for "chickee, f course lots and "None" for Mack for waterfront and golf the same structures on non - 9. Davits, hoists, and lifts: Oit Waterfront lots and golf course lots, the structure -to -structure setback Is clanged from "SPS" 6--` N e." 7 avits, hoists, and lifts are often situated in cIds`e proximity -to, or work in conl' n with, other boathouses, docks, or other shwzefront facilities; therefore,itis not appropriate to apply a structure -to -structure setback to these accessory structures. 10. Dock facilities and boafUuses: Currently, side setback requirements for dock facilities and boathouses are listed as "7.5 feet or 15" feet. However, setback requirements for dock facilities and boathouscaca established in LDC sections 5.03.06 E and F. This amendment replaces setbacks of' 7,5 `feet or 15" feet with across -reference to LDC sections 5.03.06 E and F to clarify where the setbacks are established. 11. Notes: a. Removed abbreviations: The abbreviations "N" and "NP" have been written out within the table to reduce the number of notes. b. Accessory structures in Rural Agricultural (A) and Estates (E) zoning districts: Currently, both tables include a note regarding accessory structures in A and E zoning districts. This note has been relocated to the new LDC section 4.02.03 3 L1LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 15 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Text underlined is new test to be added C and a new cross-reference has been added to LDC section 4.02.07 for standards for accessory structures related to keeping animals and livestock. This makes the standard easier to recognize and eliminates duplicative notes. a. "NP" designation: Currently, the front setback for permanent emergency generators and satellite dish antennas in both tables are listed as "NP." The notes for each table indicate that "NP" means "Structure allowed in rear of building only." However, these structures are also allowed on the sides of buildings. This amendment clarifies the structure or use is "not permitted in front of building" within the table, rather than as a note. 111:,. d. All asterisks are changed to numbers Cutreptty, several footnotes are indicated using asterisks. This amendment replaceso asterisks with numbers for clarity. Changes to LDC sections 4.02.04 and 4.02.06 Since this amendment removes Tables 2 and 3;fram`LDC Chapter 4, the remaining tables in LDC sections 4.02.04 and 4.02.06 must be renumbered No other changes are made to these sections. DSAC-LDR SUBCOMMITTEE RECOMMEND made recommendations for additional'clarifeation to incorporated into the amendment. Thi,"Subcommittet 2017. - FISCAL & OPE impacts associated The DSAC-L1,R: Subcommittee and cross-references, which were >nded approval on November 13, fiscal and operational GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan imoactsassociated with--,this=amendment. as 2.03.07 OveKlay Zoning Districts G. Immokalee Urban Overlay'District. To create the Immokalee Urban Overlay District with distinct subd'Wricts for t purpose of establishing development criteria suitable for the unique land use needs,i�4ie Immokalee Community. The boundaries of the Immokalee Urban Overlay District -orb delineated on the maps below. 7. Interim Deviations: Property owners within the Immokalee Urban Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. e. Applicability - List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following Code provisions, unless otherwise noted. 4 L:\LDC AmendmentsWdvisory Boards and Public Hearings\DSACWmendments\Standards for Accessory Building and Structures LECA 11-21-17.docx DSAC Page 16 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Text underlined is new text to be added Sti kethro gh te)d'n n rani te)d to hea ries P1eaa * * * * * * * * * * * * * vii. 4.02.03 A -Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards (Tables 3 aad 4), except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50 -foot building setback when abutting residentially zoned properties, or from the minimum 10 -foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts D. Exemptions and exclusions from design staijdards. 13. Permanent emergency generatofsmay be placed within the rear yard of aay „F,,.,eFtY s, ,,..,.M , -- ++ a A o C--;1- e Si o R Be, subject to a 10 -foot rear yard setback, and within side yards� ct toa maximum encroachment into the setback of 36 inches,, Generators are note itted to encroach into required front yards. Above -ground fuel tanks for generators are subject to the same setbacks; however, underground tanks a subject to setback requirements. In order to reduce noise dunng mired routine exercising of the generators, this exercising Is restricted to operatin nerator for no more than 30 minutes weekly durutg�the, hours of 9.A0 a.m. To 5 g=)? -m. and shall not exceed sound level lim1t9f6r 1Manufacturing ani I> ustrI I uses as set forth in Ordinance 90-17, the NojseOrdinanee; as acfe91 Permanent emergency generators must be equipped with sound at nu housing to reduce noise. # # # ## "# # # # # # # # 4.02.03 Specific Standards for Location ofry Buildings and Structures A. For the purposes o,,this section, in order` 3 determine yard requirements, the term "accessory structura"shall include detached and attached accessory use structures or buildings notwithstairtg the attachment of such structure or building containing the accessory, use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and "I conform with the following setbacks and building separations. rmx�>mcrr. � �_sxsr-era t ©©n .. Ell 0® 5 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 17 of 70 1 2 3 4 5 6 7 8 9 10 11 Text underlined is new text to be added Lam '0 '0 :LO - - 0000 CSA- �MMM ------------- 10 —_ RIM I tm�rn••m�__mmr'"'Tr��00 '0 '0 I an - 0000 CSA- �MMM 6 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 18 of 70 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Text underlined is new text to be added Sir keth I/� gh te)4 is n N Ire 4e. re etewl oarn�arnoognzc - ................ .. �!Mffm_ - E�_ - Icur:eu' B. Accessory buildt-hall not occupy an area greater; than fi7ve (5) percent of the total lot area in altt"sdential zoning districts xar,&bupy aTt°area greater than forty (40) percent of any building envelope (I era of lot remaining for building purposes after accounting for rrsq[hied setbacks) whldfaever is the lesser, provided the total maximum coveragerprovlslon csl this ordinance for all; rincipal and accessory buildings is not exceeded 1Jflthrng herein contained sltall serve to prevent the construction of an accessory berld]rig c in an area g lessthan 500 square feet provided all yard =apd building spa g,requireinents can met. Location Accessory Building/Structure Setbacks Front — Rear Side Structure to Structure L Detached Non- Attached porch SPS 10 feet SPS N/A Waterfront Carports (commercial, industrial, and multi -family)' SPS SPS SPS 10 feet Lots and Non -Golf Course Carports (one- and two-family) SPS 10 feet SPS 10 feet Lots Chickee, barbecue areas SPS 10 feet SPS 10 feet 7 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 19 of 70 Text underlined is new text to be added 8 L:\LDC Amendments\Advisory Boards and Public Hearings\DSACWmendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 20 of 70 One-story and multi -story SPS SPS SPS 1/11 with a minimum of parking structures 10 feet Parking garage (one- and two- SPS 10 feet SPS 10 feet famil Permanent emergency generators' Not permitted 10 feet SPS N/A — in front ard Satellite dish antennas Not permitted 15 feet SPS — 10 feet in front ard Swimming pool and/or screen SPS10 feet SPS None enclosure (one- and two- family)— Swimming pool (multi -family SPS 20 feet lb feet None — and commercial) Tennis courts (one- and two SPS '',,,,15 feet SPS , — _ 10 feet famil Tennis courts (multi -f SPS — 20 feet15 feet 20 feet and commercial) Trellises, arbors, and sirdar None None None None — structures that do not exceed. the maxlmdi, fJ ce height in,,,, LDC section 5.01.02x„ Trellises. arbors, an`ii"similar SPS — 10 feet SPS None structures -that exceed the maximum fence heightin LDC sectipnr5.03.0,.; Unlisted, a cessonr " `' SPS SPS SPS 10 feet Utility buildings: SPS 10 feet SPS 10 feet " Waterfront 'Attached oorch'Nhere floorror SPS 10 feet SPS SPS deck of porch aye:•' • in Isles of CagnSeven feet':in height dMss abo`verfhe top -of seawall with a mgA iem of four feet of stenN`wall exposure Lots and Golf Course Lotsa — • In all other areas: Four feet in height or less above top of seawall or top of bank Attached porch where floor or SPS 20 feet SPS SPS deck of porch are: • In Isles of Capri: More than seven feet in height above the top of seawall or 8 L:\LDC Amendments\Advisory Boards and Public Hearings\DSACWmendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 20 of 70 Text underlined is new text to be added with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top None See LDC sections N/A 5.03.06 50 feet 1 50 feet I N/A "SPS SPS See minimum of parking strtiictures LDC Boathouses and boat shelters SPS N/A sections 10 feet Parking aaragb4one anti two- rivate SPS SPS 10 feet 'famil 5.03.06 E and F Perriianent emergency Carports (commercial. SPS ASPS SPS 10 feet industrial, and multi -family)' 10 feet SPS N/A — Carports (one- and two- Sf'S SPS - SPS 10 feet family): Chickee, barbecue areas SPS 10 feet "„ SPS 10 fleet None See LDC sections N/A 5.03.06 50 feet 1 50 feet I N/A "SPS SPS SPS minimum of parking strtiictures — 10 feet Parking aaragb4one anti two- SPS SPS SPS 10 feet 'famil Not Perriianent emergency permitted generators' in front 10 feet SPS N/A — ard Not permitted Satellite dish antennas 15 feet SPS 10 feet in front and Swimming pool and/or screen enclosure (one- and two- family) where swimming pool decks are: SPS 10 feet SPS None • In Isles of Capri: Seven feet in height or less above the top of seawall with a 9 ULDC Amendments\Advisory Boards and Public Hearings\DSACWmendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 21 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Text underlined is new text to be added SirniethFw91; tesA is GU EMt tR)d tocvc�Fe4�� rl� n1pd maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of enclosure (one- and two- family) where swimming pool decks are: • In Isles of Capri: More than seven feet in height above the top of seawall or SPS 20 feet SPS None with more than four feet of stem wall exposure • In all other areas: More than four feet in height None SPS fj5 fee I SPS 1 10 feet SPS 1 20 feet None I None 10 fe I SPS I None SPS SPS SPS 10 feet SPS SPS 10 feet 10 feet Notes: a In those cases where the coastal construction control line is involved the coastal construction control line will apply. 4 The setback shall apply to external boundaries of the golf course district and shall be inclusive of separately platted buffer tracts. # # # # # # # # # # # # # 10 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 22 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Text underlined is new text to be added Sti ikethr. rah trays n rant te)4 in Ara ria r ted 4.02.04 Standards for Cluster Residential Design C. Conditional uses approved for cluster development may reduce the lot area, lot width, and yard requirements within a zoning district, subject to the criteria enumerated in this section. The lot area, lot width, coverage, and yard regulations of the residential zoning district in which the cluster development is located shall be used as the basis for all computations of allowed reductions. The following reductions in lot area, lot width, coverage and yard regulations of the underlying zoning district shall be permissible pursuant to the grant of a conditional use for cluster development. 2. The following site design and dimensional sta development: Table 63. Table of Design Standards for,CJ # # # # # # # # 4.02.06 Standards for Development in Airport Zones D. The width of each primary surface is asfollows: Table 64. Primary Surface 4 E. Horizontal zone. A horizontal plane 150 feet above,the established airport elevation, the perimeter of which is constructed by swinging arcs for specified radii from the center of each end of the prlrrhaiy"surface of each'tinway of each airport and connecting the adjacent arcs by]ines tangent to thobeares. The radius of each arc is as follows: -,U,Table y6. H&izontai Zane J adtus' - H. Approach zone. The approach zone i rl'area longitta rally centered on the extended runway centerline, and extending outward, nd upward from each end of the primary surface. An approach zone As designated for the end of each runway based upon the type'�of approach availai ienr pTarfped for that runway end. It Approach zone Oh. The inn eJr, edge of the approach zone is the same width as the primary surface The outer width of the approach zone is prescribed for the most premie approach existing or planned for that runway end expanding uniformly to tf*following �Widths: Tab1 66. Approach Zone Width (feet) 2. Approach zone len ths. The approach zone extends for the applicable horizontal distanpex as follows: Table' -97. Approach Zone Length (feet). 3. Approach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Table 498. Approach Zone Height. # # # # # # # # # # # # # 11 L TDC Amendments\Advisory Boards and Public Hearings\DSACWmendments\Standards for Accessory Building and Structures LDCA 11-21-17.docx DSAC Page 23 of 70 EXHIBIT A MEMORANDUM Community Development & Environmental Services Division Department of Zoning & Land Development Review To: Zoning Staff, Building Dept. Staff. From: Ross Gochenaur, Planning Manager Date: 9 April 2007 Subject: Trellises, arbors and similar structures, setbacks The LDC does not define "trellis," but this word is increasingly used to describe certain structures in some subdivisions. Webster defines a trellis as "a frame of latticework used as a screen or as a support for climbing plants." An arbor is defined as a shelter of vines or branches or of latticework covered with climbing shrubs or vines. A pergola is "an arbor or passageway with a roof of trelliswork on which climbing plants are trained to grow." The structures we're seeing described as trellises do not seem to meet ally of these definitions precisely. They typically consist of uprights supporting crossbeams, open on top and without latticework, and not noticeably supporting plants. This item would be identified as an "unlisted accessory" structure in the Code. If the Code were strictly applied, these structures would have to meet the same setbacks as the principal structures. Since this is a grey area, it would seem more reasonable to treat the structure as either a fence or a pool screen enclosure for the purposes of setbacks. The applicant will have two options — If treated as a fence, the structure would have to comply with fence height restrictions but could encroach into any a required yard. If treated as a screen enclosure, it would have to meet the same setback as a pool screen enclosure but could exceed the maximum fence height. Under the last scenario, a "trellis" could not be placed in the required front yard. DSAC Page 24 of 70 EXHIBIT A Unless specific mention is made of a "trellis" in a PUD document as a permitted structure or, as in one case, on a subdivision plat (where it doesn't belong), a trellis will be treated as described above with regard to setbacks. CC: Susan Istenes, AICP, Zoning Director Bill Hammond, Building Director Alamar Finnegan, Permitting Supervisor M DSAC Page 25 of 70 Text underlined is new text to be added. Text strlaethrrn4n current tP)d to he � Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Planning and Zoning Division Staff LDC SECTION: 4.03.04 Lot Line Adjustment and Lot Split SUMMARY: This amendment clarifies the procedure for the review and timely recording of both lot line adjustments and lot splits, and it clarifies that lot splits are applicable to all zoning districts. DESCRIPTION: LDC section 4.03.04 sets forth the a lot line adjustment and lot split. There has been so line adjustments and lot splits are limited to the R districts. This has resulted in some cases in whicli split that would otherwise meet the minimum dime lot in other zoning districts. Because the division definitional requirement of a "subdivision" that creat any zoning district should be able to split the pro" expense of platting the lot when all other code requi application process and conditions to obtain me coxifusion and prior interpretation that lot Ru districts. Furthermore, this amendment resolves a pr with the proper offices of the County. After applicants have subsequently sold property Appraiser's Office, or Clerk of-�ourts, and the Official Records. The failure f6file and has caused incorrect who apply for a built (A) and Estates (E) zoning staff did not process an application for a lot n'sional, area, and access requirements to the of property into two lots does not meet the es three or more lots, a property owner under perty onetime, without incurring an added rem�nt ,6ve been satisfied. `' to th'etimely filing of the lot split change n an approval for a lot split change, some ,,,the approved lot split with the Property g th,e County that it had been recorded in OfficialRecords within a timely manner and taxation notices. Moreover, owners been rejected if they did not follow these For bofhaine adjustments and lot splits, this amendment requires the recording of the approval in the OfficialAccords within12, months of approval, submittal of the recorded documents to the Growth Management Departtneijt, and elarifies the effective date of the approval as the date it is recorded in the Official Public Records. These changes ensure the correct process is followed, and that the Growth Management Pepartment and Property Appraiser can assign a new property address and/or parcel iden6ficafiiin number for a lot split. This amendment also included a cross-reference to LDC section 4.03.06 access easement standards for Golden Gate Estates lot divisions. Lastly, the amendment relocates procedures that were deemed to be duplicative to a new area of LDC section 4.03.04 A and D. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee made recommendations for revisions to the narrative and to the LDC text for clarity, which were incorporated into the amendment. The Subcommittee recommended approval on November 13, 2017. 1 ULDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\4 03 04 Lot Line Adjustment and Lot Split 11-28-17 revised.docx DSAC Page 26 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Text underlined is new text to be added. Text sti kethrG gh is current text to be .1v eter1 FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts anticipated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 4.03.04 Lot Line Adjustment and Lot Split Records of Collier County, Florida. AB. Lot Line Adjustment. An adjustment of a lot-j1ne between con �uous lots or parcels which may be platted or unplatted and w6kh are under separa"ie ownership or the same ownership shall be exempt from this s&c#'Q p if all of the followind editions are met. Tqe The lot line ddjustmen#�Vhall be recorded with the Clerk of Courts within 12 months of apONval by the Count', a ger or designee;'and a copy of 1. It is demonstrated that the r' Ubst is to correet,>4n engineering or surveying error in a recorded plat or is to�ermlt ai ipsubstantral boundary change between adjacent parcels and 2. Both lanJd W idiS vwhose lot lines arebeng adjusted provide written consent to the lofline adjustment; and 3. Instrutf i&Pub(s) evidending the lot'jtn adjustment shall be filed in the official records af�ollier County, Florida'r(ipon approval, and shall indicate that the result of the lakline adjustment wilf�eet the standards of, and conforms to, the requkbments ofthis LDC; ikluding f dimensional requirements of the zoning district4nd the subdivision in whJeh3he lots are located. However, in cases of an existing notrepnforming lot of record, the adjustment shall not increase the noncorformiiy'o#the Iati""apd 4. It. s demonstrates that th6jbt line adjustment will not affect the development rights or permitted="density or intensity of use of the affected lots by providing the oppoanity to create a new lot(s) for resale or development. 9C. Lot -Split All ies must hwe frontage on a public or private right-of-way, with the exception of 4 one:divisjon of a single platted lot or otherwise established lot of record is +� o.—I Aw; St -to- ZgRiffl disti:!Gt into 2 two lots. Any such lot split may utilize an access easement to satisfy access, and frontage requirements for the lot which would not otherwise have street frontage. 1. The width of such access easement may not be less than 12 feet and may be required to be wider at the discretion of Collier County staff, to accommodate safe access and turning movements, stormwater drainage pipes and the like. Access easement standards for Golden Gate Estates lot divisions shall be per LDC section 4.03.06. 2. The number of access points to a public right-of-way shall not be increased as a result of the lot split if, in the opinion of the county staff, safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot split. 2 OLDC Amendments\Advisory Boards and Public Hearings\DSAMmendments\4 03 04 Lot Line Adjustment and Lot Split 11-28-17 revised.docx DSAC Page 27 of 70 Text underlined is new text to be added. 1 3. The access easement will create a front yard for setback purposes for all lots 2 abutting the access easement. In cases where access is presently provided by 3 an access easement to existing lots of record in any zoning district which are not 4 part of a recorded or unrecorded subdivision, this easement will serve to satisfy 5 access and frontage requirements for those lots, and yards abutting the 6 easement will be considered front yards for setback purposes. 7 4. ApplieatiGR.. The further split or division of a lot, parcel, or any lot of record into 2 8 two proposed parcels must be reviewed and approved by the County prior to any 9 subsequent development orders or development permits issued or approved. 10 Evidence of the County approved lot split shall be provided to the Property 11 Appraiser or Clerk of Courts for their consideration and record-keeping. The lot 12 split shall be recorded with the Clerk of Courtswithin 12 months of approval by 13 the County Manager or designee and a copuaittie recorded document shall be 14 provided to the Growth Management Deparfrrient. 15 a. The Admi istratgye rn n hnn + hl h+i pFaeedures d h 4t2I 17 bAppropriate access to the r6si71ting parcels frdt".the public road network 18 shall be demonstrated arst.where necessary, may require appropriate 19 easements for joint or cross access to be recorded'6efore an approved lot 20 split becomes effective 21 G. Only lot spik-nn -- ts land A 9n M. + 22 n ln4inn F Ih. 'nnlwd {h m Int 1'I + nyw r �^ J aarea 23 +imnn F }h n t. tF k . be n J h 4 1 g' y 24 bon oF£ t nl se 25thpqF Y.. J YYF 26 �14�1 + t J L hu hIn Yi 27 D. The Administrative dt hall establish the abtiltcation process and submittal 28 requirements to bbtain a f line adiusti g!e,Uor lot split 29 # # # # # # # # # # # # # 3 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\4 03 04 Lot Line Adjustment and Lot Split 11-28-17 revised.docx DSAC Page 28 of 70 1 2 3 4 5 6 7 8 9 Text underlined is new text to be added Text nIi 4ethro gh is current tRA to be deleted Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Development Review Division Staff LDC SECTION: 10.01.02 Development Orders Required SUMMARY: This amendment proposes to remove the requirement for a determination of legal sufficiency for an Early Work Authorization permit (EWA) agreement. DESCRIPTION: Prior to 2005, in order to commence development prior to the final approval of a development order, a preliminary work authorization jxi"t1%sform established by the County Attorney as a binding agreement that was executed b0' <e Board L rdinance 2005-12 created an EWA permit that was required to be deemed legal by the County Attorney's Office and approved administratively by the County Hager or designee Since 2005, EWA permits have been routinely` fidministewd by the County Manager or his designee without requiring the Board to execute ani agreembrit. Because Board.approval is no longer required, legal review of the p6ftis not necessarr.� Instead, as set forth in the Adminnstrati V - Code,P hapter 4.13""an applicant submits an application to obtain a EWA permit. If the petition ,deemed ]complete andxpeets,the criteria identified in LDC section 10.0 1.02 B; Eta: ounty Manager or desjgnee (Develop dent Review Division) issues a letter of approval aniiholds a1Sronstructtpn Ming prio�p commencement of work. �r DSAC-LDR SUBCOMMITTEI+ RECOMAaNDATION: The DSAC-LDR Subcommittee recommended approval on 2017 with no changes. with GROWTH MAGEMEP Plan impacts ask©ciated with Amend the LDC as 10.01.02 - Development Orders Required no fiscal or operational impacts anticipated There are no anticipated Growth Management B. Early Work Authorization (EWA). An EWA permit allows for limited development activities before a development order is issued provided all underlying zoning approvals are in place. The Administrative Code shall establish the submittal requirements to obtain an EWA permit. 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: 1 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\10.01.02 Development Orders Required- EWA Legal Sufficiency DSAC-LDR 11-13-17.docx 11/29/2017 DSAC Page 29 of 70 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Text underlined is new text to be added a. The proposed vegetation removal complies with LDC section 3.05.05 O; b. County right-of-way permit has been approved; C. A determination of native vegetation to be retained for landscaping which would comply with LDC section 4.06.00; d. An excavation permit has been approved; e. A Soil Erosion and Sediment Control Plan demonstrating compliance with the provisions of LDC section 6.01.05; f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; k> -g. Attefney's 9#ise A vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $2,00Q.00 per acre is posted for stabilization with vegetation in accordance with LDC section 4.06.04 A.3; �-h. Assurance that all underlying.zoning approvals are in place (e.g. PUD, C.U., etc.); ti. The EWA permit is valid 6,days with the possibility of two 60 -day extensions dependent onie reason for the inabillty to gain proper approvals. After that tim"eared areas must be graded off and hydro - seeded. Where more time is needed, a new EWA may be, requested; 1F4. All preliminary construction activities are at the risk of the developer. 2 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\10.01.02 Development Orders Required- EWA Legal Sufficiency DSAC-LDR 11-13-17.docx 11/29/2017 DSAC Page 30 of 70 Text underlined is new text to be added TeA stiLMhm gh 'n current tee to he deleted Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures 10.03.06 Public Notice and Required Hearings for Land Use Petitions SUMMARY: This amendment adds a requirement for PUD insubstantial changes (PDIs) and PUD minor changes (PMCs) to be heard by the Board of`C bury Commissioners (Board) to approve the ordinance amendment. DESCRIPTION: Currently, PMCs may be approved by the C6upry Manager or designee or the Hearing Examiner (HEX), and PDIs require a heariij_by the Collier County Planning Commission (CCPC). However, the Office of the Collier 7b6unty Clerk of CoiA",recently questioned this process, suggesting the approval of an insubOW tial change constitufe'an amendment to an ordinance. It was noted that only the Board can rn'64ify an ord)x}gnce. As a result, at the June 13, 2017, Bourg jpeeting (Ag6i d, `Item 16.A.14), staff was directed to develop amendments to the LDC and Ak trativc Code,q Land Development to require PDIs be brought to the Board for approval and"ordmapce amendrii , Staff was also directed to begin implementing this policy prior to the adopts In of ft,DC amend#Knt. This amendment mods the pibtsedures for Is d PMC§'JftLDC section 10.02.13 E to require PDIs and PMCs to beard by theBDard for ottiufance amendrdent. This requires one hearing on the Board's summary age and regxrired advertisln. However, if there is an objector, these items will be placed can the Board's Tt Mara en'la as an adrtised public hearing. LDC section 10.03.06 %H requires tie o a g advertsing for ad' ? one eighborhood Information Meeting, mailed notices newspaper advettisement and posting a I sign. Procedures for a Boat Dock Facility Extension Boathouse Est�bishmen, pr Boat Dock Canopy Deviation, which are currently combined a#procedures f6 S, arm -relocated to a new LDC section 10.03.06 Z for clarity. For a PMC, LI3C section 10.0 6 T r a newspaper advertisement (or a mailed notice for PMCs to remove affordable housg commitments). Additionally, after the ptiou,} f the Administrative Code in 2013, public hearings for PDIs were assigned to the HEX. Howeythis assignment has not been codified in LDC section 10.02.13 E.2. This amendment eI ri�that PDIs may be heard by the HEX, as an alternative to the CCPC, to reflect the current policy. Finally, since the Board will review all PMCs, it is unnecessary to add an additional hearing before the HEX if an objection to the removal of an affordable housing commitment is received. However, the mailed notice requirement for PMCs removing affordable housing commitments is not changed. 1 LALDC AmendmentsWdvisory Boards and Public Hearings\DSAC\Amendments\PDI process clarirication 11-14-17.doex DSAC Page 31 of 70 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Tent underlined is new text to be added TnN stF loot..", gh is DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 13, 2017, with no changes. FISCAL & OPERATIONAL IMPACTS: Fiscal impacts to applicants include increased time and costs associated with an additional Board hearing and required advertisements for PDIs and PMCs. Operational impacts to the County include increased staff time required to bring PDIs and PMCs to an additional hearing before the Board. As an illustration of the frequency of these requests, between 2015 and 2016, the County received 30 PDI and 7 PMC applications. GROWTH MANAGEMENT PLAN IMPACT: There are no, anticipated Growth Management Plan impacts associated with this amendment. .: Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) E. Changes and amendments. There are Substantial, Insubstantial, and Minor. 2. Insubstantial change determin change that is not considered change to an approved PUD C LDC subsection 10.02.13 E.1 for the Minor and which Aures types of changes to a PUD Ordinance: tantial change Includes any minor change. An insubstantial lie based upon an evaluation of . the review and approval of the Planning ie based on the findings and criteria used action taken at a regularly scheduled ly describes the proposed changes as Code. chang`es;;The following are considered minor changes, and may be ved by the County Manager or designee under the procedures established Administrative Code. Minor changes shall also require review and ar mrow a. Educationaland ancillary plants exception. When a PUD is amended for the sOp", rpose of adding an Educational and/or ancillary plant, that P0Qv'# not be subject to the review process outlined in LDC section 10.02:3 E.1. The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses. b. The County Manager or designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with 2 L1LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\PDI process clarification 11-14-17.docx DSAC Page 32 of 70 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Teat underlined is new text to be added Text sm.kemmoyri,wm-,am)be vdeleted the provisions of this code and the growth management plan. Such changes shall include: i. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. ii. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. iii. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. iv. Relocation or reconfiguration ofakes, ponds, or other water facilities subject to the submift 1"' revised water management plans, or approval of the EA iii ere applicable. C. Minor changes of the type described above shall nevertheless be reviewed by appropriate staft ensure that $Aid changes are otherwise in compliance with all cpunty ordinances and'iegpd ations prior to the 10.03.06 Public Notice and Rdpuired Hearings for Land Use Petitions ..:'4 x , H. PUD Insubstantial Change;'(PDI) or Beat ^^^k FaGility ExteRsie. BGatheuse 1. The following 6dViertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. One BCC hearing for ordinance amendment. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05A. However, upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. b. Mailed Notice prior to the advertised {>4b4s Planning Commission or Hearing Examiner hearing. C. Newspaper Advertisement prior to the advertised public hearing. 3 L\LDC Amendments\Advisory Boards and Public Hearings\DSACWmendments\PDI process clarification 11-14-17.doex DSAC Page 33 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Text underlined is new text to be added T.�N sti keth�o gI; is n -F8Rt {pN to he deleted ... ..... .. �..y..............�.��. .�..�... ...........mss d. Posting of a sign prior to the advertised pub4G Planning Commission or Hearing Examiner hearing. T. Minor Change to a PUD, 8@roti.. 10 02.1-3 F.2 -p. 1. The following notice procedures are required: a. For minor changes to remove affordable housing contributions: i. Mailed Notice, sent by the applicant. ii. Newspaper advertisement prior to the advertised public hearing b. For other minor changes: i Newspaper advertisement prior to the advertised public hearing 2. The following advertised public hearings arae is required: a. if w tten Gb eGtio- , ," ,. r R' . Of1e BCC .,F HeaF Rg E.,ami hearing for ordinance amendments Deviation: 4 L:\LDC AmendmentsWdvisory Boards and Public Hearings\DSAC\Amendments\PDI process clarifcation 11-14-17.docx DSAC Page 34 of 70 Text underlined is new text to be added Exhibit A 9#11k thFaugh te;4 is _,,....nt tp)g to hp a,.,..,. Bold text indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi -Judicial Procedures with a Public Hearing G.3. PUD Insubstantial Change Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 H. Applicability This process applies to insubstantial changes to a PUD Master °',on which meets the thresholds in LDC section 10.02.13 E. Pre -application A pre -application meeting is required. Initiation n'^"'^- The applicant files an application for an "Insubstantial Change Tto a PUD A"a-`,.,vneF Plan (PDI)"with the Planning & Zoning Division. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. PUD Ordinance and Development Commitment information. 4. A legal or graphic description of the area of amendment. This may be graphically Illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. S. A narrative and detailed description of the amendment and why it is necessary`ith responses to the criteria listed under LDC section 10.02.13 E.1. 6. An analysis of whether the amendment complies with the Growth Management Plan. 7. Whether a public hearing was held for the property within the year preceding the application. If this has occurred, include the applicant's name. S. Whether any part of the has been sold or developed, and whether the proposed changes involve those areas. 9. Current and revised Master Plans, along with a reduced copy of each, describing the proposed changes of the following: • Land use; • 'Densities; • Infrastructure; • Open space, preservation or conservation areas; • Area of building square footage proposed for nonresidential development; • Change in potential intensity of land use and related automobile trip movements; and • Relationships to abutting land uses. 10. Addressing checklist. 11. An 8% in. x 11 in. graphic location map of the site. 1 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\3.G.3-4 PUD Insubstantial and Minor Changes 10- 11-17.docx DSAC Page 35 of 70 Text underlined is new text to be added Exhibit A ^h.^ti ^ ., be deleted Bold text indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi -Judicial Procedures with a Public Hearing 12. Pre -application meeting notes. 13. Or ner rragent a fida o t as to the PP;=czt nessA"theap^'i^atieR. Affidavit of Authorization. 14. Electronic copies of all documents. Completeness and The Planning & Zoning Division will review the application for completeness. After Processing submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted onallfuture correspondence regarding the petition. Notice Notification requirements are as follows fa See Chapter 8 of the Administrative Code for additional notice information y 1. 2. Mailed Notice -..,W ' ritten notice s area at least 15,clays before the 3. Newspaper Advertisements , days,before the advertised publ • D[e7 time, an • Description of date. property owners in the notification 3ring Examiner hearing, iocatto fbf the headn' g; o.. �,, ie proposed land uses; and oft ii p- iect location. shall be published at least 15 h^ea;g in a newspaper at a minimum: 15 days before the advertised Hearing PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request -Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. 2 L:\LDC AmendmentsWdvisory Boards and Public Hearings\DSACWAmendments\3.G.3-4 PUD Insubstantial and Minor Changes 10- 11-17.docx DSAC Page 36 of 70 Exhibit A Text underlined is new text to be added Bold text indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi -Judicial Procedures with a Public Hearing Public Hearing 1. The Hearing Examiner or CCPC shall hold at least -1 one advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. 2. The BCC shall hold at least one advertised public hearing for ordinance amendment. Decision maker The HeaFlng Examinep.The BCC. Review Process The Planning & Zoning Division will review the application and identify whether additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3, Staff will prepare a Staff Report utilizing the criteria identified in LDC subsection 10.02.13 E, to present to the Office of the Hearing Examiner for a decision. The Hearing Examiner or CCPC will approve, approve with conditions, or deny the application utilizing the criteria in LDC subsection 10.02.13 E. The BCC will approve, approve with conditions, or deny the application utilizing the criteria in LDC subsection 10.02.13 E. Updated [Resolution No. 2018-XXI L., 3 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\3.G.3-4 PUD Insubstantial and Minor Changes 10- 11-17.docx DSAC Page 37 of 70 Text underlined is new text to be added Exhibit A e._ti.,_ughtext a ., a Bold text indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing G.4. PUD Minor Change Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06T. Applicability The following are considered minor changes: 1. Educational and ancillary plants. These include PUD master plans that are amended for the sole purpose of adding an educational and/or ancillary plant. 2. Removal of Affordable Housing Contributions. The County Manager or designee may allow minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements. Conditions are identified in LDC subsection 10.02.13 E. 3. Minor Changes during Construction. The County Manager or designee may allow minor changes to the PUD Master Plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, andis otherwise consistent with the provisions of this code and the growth management plan. These changes include the following: • Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for; • Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas; • Relocation of swimming pools, clubhouses, or other recreation facilities that do not affect adjacent properties or land uses; and • Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans or approval of the EAC where applicable. Pre -application A pre -application meeting is not required. Initiation The applicant files a "Minor Change to a PUD Master Plan or Text (PMC)" application with the Planning & Zoning Departn+&et Division. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. PUD Ordinance and Development Commitment information. 4 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\3.G.3-4 PUD Insubstantial and Minor Changes 10- 11-17.docx DSAC Page 38 of 70 Text underlined is new text to be added Exhibit A St•ike ., �u _ ,• h,. a ,.•,.a Bold text indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter 3 1 Quasi -Judicial Procedures with a Public Hearing 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Aamended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. 5. The current PUD Master Plan, G See Chapter3 G.1 of the Administrative Code for requirements and the changes in potential intensity of land use, changes in trips and relationships to abutting land uses. 6. Include any previously revised Master Plans. 7. A narrative and detailed description of the map 8. An analysis of whether the amendment 9. Whether a public hearing was held application. If this has occurred, im 10. Whether any part of the PUD haslieen`sold or d6Vt changes involve those areas 11. For removal of affordable hoy37ng commitments, a owners as identified in the appTc-ation. 12. Addressing ch 13. An 8Y,in. x11 14. t Authorization. 15. Elktr6bic,yop Completeness and Th€ Processing of Aft+ Application the ng location mao pftt3e site. ige and reason for request. th the Growth Management Plan. within the year preceding the nt's name and number. and whether the proposed to Property Affidavit of of all�ocuments ^per--=---•-� * Daytston wili>uv the application for completeness. e completdpplicatIon packet accompanied with the required fee, .Ive a mailedi7';electronic response notifying the applicant that the ssed. Accompanying that response will be a receipt for the payment rer-e4,-)(X201200000) assigned to the petition. This petition Id be notied all future correspondence regarding the petition. Notificatfdn requirements are as follows foF R... g. .,_' af Affardable Ha ,sing c....trib tlef s: q see Chapter$ of the A njinistrative Code for additional notice information. 1. e: Written notice shall be sent to property owners in the notification 15 days before the advertised 1 leaFing Examine public hearing. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: Date time, and location of the hearing; • Description of the proposed land uses; and 2 in. x 3 in. map of the project location. 5 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\3.G.3-4 PUD Insubstantial and Minor Changes 10- 11-17.docx DSAC Page 39 of 70 Exhibit A Text underlined is new text to be added Bold text indicates a defined teen Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi -Judicial Procedures with a Public Hearing For other minor changes: 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses: and • 2 in. x 3 in. map of the proiect location. Public Hearing 1. Pie publis hearing is .,... . ed faF adding ed tieRal and aneiilaFy.. Fninep t,. _ PUD MasteF Plan d6iF ng nstru ..-,... A hearing before the BCC for ordinance amendment, pursuant to LDC subsection 10.02.13 E. Decision maker The c„ Rty Mama^• eF desigRee „_ the ll„_: Rg Examiner. The BCC. Review Process Minor changes are reviewed by the Planning & Zoning DepartmeAt Division staff and may be approved by the County Manager or designee. The BCC will approve approve with conditions or deny the application utilizing the criteria in LDC subsection 10.02.13 E. Appeals Administrative appeals shall be in accordance with the Code of Laws section 250-58. Updated [Resolution No. 2018-XX1 6 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\3.G.3-4 PUD Insubstantial and Minor Changes 10- 11-17.docx DSAC Page 40 of 70 Text underlined is new text to be added 4-e;d s# keth wgh n✓viaim.� t tRA to he deleted -r LDC Amendment Request ORIGIN: Growth Management Department AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts SUMMARY: This amendment modifies provisions related to the Rural Fringe Mixed Use District and the Rural Fringe Areas map for clarity and to ensure consistency with the Growth Management Plan (GMP). DESCRIPTION: This amendment makes the following four changes to LDC section 2.03.08A La: (1) The complete acronym is provided f Land Use Element (FLUE) of the Cc in the FLUE. This change provides a FLUE and the RFMU Distr reader may not know which (2) A statement is added that the RF — which reflects how the County (3) An outdated section 2.03, the Rural Fringe Mixed Use District in the Future er County GMP, and notes that it is the designation stinction between the RFMUD acronym used in the n used in the LDC; without such a"distinction, the (FLUE or LDC) is being referenced. the underlying "A" zoning district District since its adoption in 2004. Department in LDC (4) The Rural Fringe Areas map is modified in LDC section 2.03.08 A. La to remove the site of the Corkscrew Island Neighborhood Center Subdistrict (indicated by the arrow in the image below) which is the same as the Corkscrew Commercial Center PUD. This change makes the Rural Fringe Areas map consistent with a past amendment to the FLUE and Future Land Use Map (Ord. No. 07=78). Areas RURAL FRINGE AREAS LEE COUNTY with location of change indicated: RD 1 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\2.03.08 Rural Fringe Zoning Districts 11-20- 17.docx DSAC Page 41 of 70 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Text underlined is new text to be added Text st�Lnthrn ghiscurrent tPAtp be delated! This amendment makes the following change to LDC section 2.03.08 A. Lb: LDC section 2.03.08 A. Lb. is modified to clearly state that the RFMU District is not applicable to lands not zoned A, Rural Agricultural, and that "expansions" of existing uses refers to on-site expansions of the use not property expansion to reflect and be consistent with Ordinance 2013-14, which amended the same language in the FLUE. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee unanimously recommended approval on November 13, 2017, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts as a result of this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC section consistent with the FLUE. RELATED CODES OR REGULATIONS: Collier County Growth Management Plan, Future Land Use Element, II. Agricultural/Rural Designation, B. Rural Fringe Mixed Use District, 4. Exemptions from the Rural Fringe Mixed Use District Development Standards; and, the countywide Future Land Use Map in the GMP. Amend the LDC as follows: 2.03.08 - Rural Fringe Zoning Districts A. Rural Fringe Mixed Use District (RFMU District). 1. Purpose and scope. The purpose and intent of the RFMU Ddistrict is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU Ddistrict employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU Ddistrict allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMUDdistrict. The innovative planning and development techniques which are required and/or encouraged within the RFMU Ddistrict were developed to preserve existing' natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights-of-way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the Rural Fringe Mixed Use District (RFMUD) designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The RFMU District supersedes the underlving zoning district where that underlving zoning district is A Rural Agricultural The County -wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the r-c..,MU ty DeveloPmo s from the Growth Management Department, located at 2800 N. Horseshoe 2 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\2.03.08 Rural Fringe Zoning Districts 11-20- 17.docx DSAC Page 42 of 70 Text underlined is new text to be added TeA sti LmeWhmm vgh n om.eFt teA to ae delP.t�P.�d Drive, Naples, FL 34104. The lands included in the RFMU District and to which this LDC section 2.03.08 apply are depicted by the following map: 3 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\2.03.08 Rural Fringe Zoning Districts 11-20- 17.docx DSAC Page 43 of 70 2 3 Text underlined is new text to be added Text sti kethrG gh 'n Map to be replaced: 4 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\2.03.08 Rural Fringe Zoning Districts 11-20- 17.docx DSAC Page 44 of 70 1 Map to be added: 2 3 4 Text underlined is new text to be added TEA str LMhrough is n • N Ir; be deleted b. Exemptions. The requirements, limitations and allowances of this section shall not apply to, affect or limit the continuation of existing uses. Existing 5 L1LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\2.03.08 Rural Fringe Zoning Districts 11-20- 17.docx DSAC Page 45 of 70 LEE COUNTY RURAL FRINGE AREAS r r LE RD J 0 W J LEE COUNTY _ >' OIL WELL RI i\tilIOKALEE— °t s m U � GOLDEN GITE BL\D W __ _� Z - �E m A C r% li RD DAVIS VV/ y, r -- _ Y rZ l t / 0 7 2 4 6 Mlles sy o Legend J r 0\ .RURAL FRINGE AREA rp RNGE .%� MIXED UUSE OISTRIOT a c�tiW� [f �xu i,mn e e vanivaa V b. Exemptions. The requirements, limitations and allowances of this section shall not apply to, affect or limit the continuation of existing uses. Existing 5 L1LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\2.03.08 Rural Fringe Zoning Districts 11-20- 17.docx DSAC Page 45 of 70 Text underlined is new text to be added 1 uses shall include; those uses for which all required permits were issued 2 prior to June 19, 2002; —,a+id or projects for which a Conditional use of 3 ReZa e petition has been approved b the County y prior to June 19, 20021 4 ; or, projects for which a Rezone petition has been approved by the 5 County prior to June 19 2002 — inclusive of all lands not zoned A Rural 6 Agricultural; or, land use petitions for which a completed application has 7 been submitted prior to June 19, 2002. The continuation of existing uses 8 shall include on-site expansions of those uses if such expansions are 9 consistent with or clearly ancillary to the existing uses. Hereafter, such 10 previously approved developments shall be deemed to be consistent with 11 the Plan's Goals, Objectives and Policies aad for the RFMUD district, and 12 they may be built out in accordance with their previously approved plans. 13 Changes to these previous approvals shall also be deemed consistent 14 with the Plan's Goals, Policies and Objectives for the RFMUD district as 15 long as they do not result in an increase in development density or 16 intensity. 17 # # # # # # # # # # # # # 6 L1LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\2.03.08 Rural Fringe Zoning Districts 11-20- 17.docx DSAC Page 46 of 70 Text underlined is new text to be added Te)d str iketh rough is GU RRt t8A {Tcnczc m�ovcw�ccvi... deleted LDC Amendment Request ORIGIN: Growth Management Department AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section LDC SECTIONS: 2.03.08 Rural Fringe Zoning Districts 3.05.07 Preservation Standards SUMMARY: This amendment modifies provisions related to the North Belle Meade Overlay specific only to Section 24, Township 49 South, Range 26 East, to ensure consistency with the Collier County Growth Management Plan (GMP). DESCRIPTION: This amendment makes the following two changes to LDC section 2.03.08 C.: (1) Adds reference to a Future Land Use Element (FLUE) provision that resulted from a partial stipulated settlement agreement in 2010; recognizes that FLUE provision, which is specific to one Section within the North Belle Meade Overlay, as the controlling regulation for that Section; and, provides that the native vegetation preservation requirement for that Section is as contained in the FLUE, based upon the settlement: agreement. (2) Corrects numbering and lettering format in This amendment makes the following change to LZ (1) Corrects a cross-reference to LDC section: All of these chanties make the LDC consistent wi Land Use Man series (Ord. No. section 3.05.07 C.2.: 3.08. prior amendment to the FLUE and Future : The DSAC-LDR Subcommittee on November 13 2017, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts as a result of this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC sections consistent with the FLUE and Future Lands Use Map series. RELATED CODES OR REGULATIONS: Collier County GMP, Future Land Use Element, V. Overlays and Special Features, B. North Belle Meade Overlay; North Belle Meade Overlay Section 24 Map, part of the Future Land Use Map series; and, Conservation and Coastal Management Element, Policy 6.1.2. Amend the LDC as follows: 1 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\LDCA 2.03.08C 3.05.07C NBMO Sec. 24 11-20- 17.docx DSAC Page 47 of 70 Text underlined is new text to be added 1 2 2.03.08 - Rural Fringe Zoning Districts 3 4 C. North Belle Meade Overlay District (NBMO). 5 6 5. Additional specific area provisions. 7 a. Receiving lands. 8 9 (4) NBMO rural village. A NBMO rural village shall adhere to the 10 provisions for rural village set forth in LDC section 2.03.08 A.2.b. 11 'A, except as follows: 12 (a) Density. An NBMO rural village shall have a minimum 13 gross density of 1.5 dwelling units per acre and a 14 maximum gross density of three (3) dwelling units per acre. 15 i. The minimum required density shall be achieved 16 through; TDR credits, TDR Bonus Credits, and 17 Rural Village Bonus credits, as provided in LDC 18 section 2.03.08 A.2.b.(3)(c) kq. 19 20 b. Neutral lands. Neutral lands shall be governed by the standards set forth 21 in LDC section 2.03.08 A.3.'^"" YAth the e ..k'nn that ^ these In 22 addition to standards in LDC section2.03.08 A.3., neutral lands located in 23 Section 24, Township 49 South, Range 26 East, shall be governed by the 24 North Belle Meade Overlay in the Future Land Use Element of the GMP 25 Where there is a conflict between provisions the GMP overlay provisions 26 shall apply. a FRiRiFF16IFF1 ps 70% of the „wti vegetati9R pPesent shall be 27 PlFeseinved 28 # # # # # # # # # # # # # 29 30 3.05.07 Preservation Standards 31 32 C. Specific standards for the RFMU district. For Lands within the RFMU district, native 33 vegetation shall be preserved through the, application of the following preservation and 34 vegetation retention standards and criteria, in addition to the generally applicable 35 standards and criteria set forth in LDC section 3.05.07 A (above). Further, for the 36 portion of the Lake Trafford/Camp;Keais Strand System located within the Immokalee 37 Urban Designated Area, native vegetation shall be preserved on site through the 38 application of the Neutral Lands standards established in LDC section 3.05.07 C.2 39 (below). 40,' 41 2. Neutral lands. 42 a. In neutral lands, a minimum of 60% of the native vegetation present, not 43 to exceed 45% of the total site area shall be preserved. 44 b. Exceptions. 45 i. In those neutral lands located in Section 24, Township 49 South, 46 Range 26 East, in the NBMO, native vegetation shall be 47 preserved as set forth in LDC section 2.03.08 9C.5.b. 48 # # # # # # # # # # # # # 2 L:\LDC Annendments\Advisory Boards and Public Hearings\DSAC\Annendments\LDCA 2.03.08C 3.05.07C NBMO Sec. 24 11-20- 17.docx DSAC Page 48 of 70 Text underlined is new text to be added LDC Amendment Request ORIGIN: Growth Management Department AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section LDC SECTION: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts ZONING MAPS: 522930, 2033N, 20335, 2034N, 2034S SUMMARY: This amendment modifies provisions related to the Big Cypress Area of Critical State Concern (ACSC) and five zoning maps within Township 52 South, Range 30 East, in order to ensure consistency with the Growth Management Plan (GMP). DESCRIPTION: This amendment makes the following change to (1) Adds an acknowledges regulations, pursuant to This amendment makes thef, (1) Adds a list of exotic listed in LDC section (2) as This amendment makes 2034S.- (1) 0345: (1) Removes the ACSC Township 52 South, All of these changes make the FLUE and Future Land 02.14A.- be 2.14A.:be entered regarding the ACSC 02.14 C.: within the ACSC that are not )ecies that cannot be destroyed and removes the reference to the Florida Department of Environmental Protection. change to zoning atlas maps 522930, 2033N, 20335, 2034N, acronym ("ACSC/') for all of Sections 27, 28, 33 and 34, ) East (See Exhibit A). SDC text and zoning maps consistent with a recent amendment to Map (Ord. No. 17-22). DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 13, 2017, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts as a result of this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC section and zoning maps consistent with the FLUE. 1 LALDC Amendments\Current Work\Jeremy\GMP Changes\ACSC-ST\LDCA 4.02.14 Design Standards ACSC-ST 11.20-17.docx DSAC Page 49 of 70 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Text underlined is new text to be added RELATED CODES OR REGULATIONS: Collier County Growth Management Plan, Future Land Use Element, V. Overlays and Special Features, A. Area of Critical State Concern Overlay; and, the countywide Future Land Use Map in the GMP. Amend the LDC as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts A. All development orders issued within the Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC-ST) shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the; Big Cypress Area of Critical State Concern except as provided by Agreement pursuant to Chapter 380.032(3) F C. Site alteration within the ACSC-ST. 3. Soils exposed during site alter performance equivalent struct runoff and siltation on the can alteration areas shall be subst 4. completion of a development. Rev preexisting species except that un replanted or propagated.'Undesirs enumerated in LDC section 8.05.0 No mar altered. salt shall be stabilized and retention ponds or r system maintained in order to retain on site. Restoration of vegetation to site y completed within 180 days following fetation shall be accomplished with ;sirable exotic species shall not be e €exotic species included are those of this code and the following:.- ica nisi, >a a r- :s shall be destroyed or otherwise this regulation include: all we"and 2 2 L\LDC Amendments\Current Work\Jeremy\GMP Changes\ACSC-ST\LDCA 4.02.14 Design Standards ACSC-ST 11-20-17.docx DSAC Page 50 of 70 R29 E 512930 R30 E D"=" '-"'-" '—'- INDICATES RRK BOON CARY ^----------- INDIC S SPECIAL TREATMENT OVERLAY ,TII SUSDNISONINDE% F�i cnr_�% V 0 532930 THIS IS TO CERTIFY THAT THISIS AP AGE OFTHE OFFICIALATL45REFERRED TOAND ADOPTED 9Y REFERENCE 9Y ORDINAFLORID, CE NO. C"I OFADOPT%JUNE THE COUNTY OF COLLIES FLORIDA, ADOPTED JUNE 22, 2004, IN EX NDEDREFER N THE ZONINGHEREON. NOTES ANO SOBOIWSION INDEX REFERENCED HEREON. ATTEST CLERK T53S TSRS COMMUNITY DEVELO T DIVISION _ __ ! N ® MAPNOM9ER: 522930 T52S 6 2 w w fi ' j 1 5 2 3 3 5 y 3 j' 6 � T sriwd 11 _ �� srnv.Y I � 57Twa'. \f �o y� STM -1' 0 8 8 � 10 1 12. \I 7 \ 11.^"�'� i T Iw 0 9 11 12 it 29 10 1 u ON -AC C/ST' 29ION 18 tT Ifi 15 1A 10 j iT ?CON 29135 j CSC/ST I I a. gp6lEq I 22 23 1B 1 20 21 YJ 2I 20 Rgyy�.�1 I A-ACSCI T I zoos n ' I 213 I 26 26 i l IG w1P2029 26 n zs 20265 gl jw xu 2033N 92 34N `<! a I 36 3t j N CON- m FACS 2032 ZD 536 2 I i I IST 2034S im — 7525 Tsm D"=" '-"'-" '—'- INDICATES RRK BOON CARY ^----------- INDIC S SPECIAL TREATMENT OVERLAY ,TII SUSDNISONINDE% F�i cnr_�% V 0 532930 THIS IS TO CERTIFY THAT THISIS AP AGE OFTHE OFFICIALATL45REFERRED TOAND ADOPTED 9Y REFERENCE 9Y ORDINAFLORID, CE NO. C"I OFADOPT%JUNE THE COUNTY OF COLLIES FLORIDA, ADOPTED JUNE 22, 2004, IN EX NDEDREFER N THE ZONINGHEREON. NOTES ANO SOBOIWSION INDEX REFERENCED HEREON. ATTEST CLERK T53S COLLIER C TY, FLORIDA COMMUNITY DEVELO T DIVISION 1 TWP 52S RN G 29E 830E N ® MAPNOM9ER: 522930 LDCA EXHIBIT "A" DRAFT R29 E 512930 R30 E Tns TS1S N n N F 24 n TStS v ""—"'—"'—"'—"—"^"•— INDICATES PARK BOUNDARY 53200 D --"'--------- INDICATES SPECIAL TREATMENT OVERLAY ♦ I THIS IS TO CERTIFY THAT THIS ISA PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED SUBDIVISION INDEX a BY REFERENCE BY FLORIDA NO. 04-01 2 THE 3 m £ B COUNTY OF CO W ER, FLORIDA, ADOPTED JUNE 22, 2004, 'g 4-,!- : AS AMENDED BYTHE ZONING NOTES AND SUBD12I12=N COLLIER COUNTY, FLORIDA (Q INDED( REFERENCED HEREON. CD g mAae rq ga COMMUNITY DEVELOPMENT DIVISION BY CHAIRMAN TWP 525 RNG 29E &30E IV 3 2.n"$%x?day MAPNUMBER: d _ ATTEST CLERK ® 522930 TS?8 _____ - i T525 wI w a 3 2 t / STIW4 STM12� I � STIWd� S sTIWA° S B fo 11 12 n e 29'I2�: lu I 4 CON -AC C/ST' ! 291 N j 19 1i. in 1s to to 1 p 1c S �. 13 29135 CON CSC/ST I d-ROU�tt Z11 Rgg4Ml tp9l{ � 3 ( A -AC! V 10-3-77 T i zOzz6 •° ,i B I CO -ST 2e sj � IJB 2029 ie n � z5 20265 al • :I Iw I I 202 2034N on 31 I ^ CON - 2032 20 536 20335 20346 j6AC6C IST ^ TS35 i5}S V 10-3-77 C4-ACSC/ST' J 1 9 08 !i NFwE F.p.. 5229]0 CON-ACSC/ST ' TAMIAMI 1PW %Ll 41) 20335 CON-ACSC/ST ' —Ls NlNc ANAs PFF9PEp rp PXp AWTF➢ 6Y6fRFAENCE a osppiNPXCE Na o4 -a1 6 cunF 1 A COLLIER NN, FLORIDA 7 DIVSION WMttOE1/2 MP NU ®p 2033 LOCA EXHIBIT "A" DRAFT 522930 33 v CON -ST' z N P , . MIUA�n L (U.S. 411 r C4 -ST' 335i§ CON -ST' r � .eJ L J 20335 z THIS IS TO CERTIFY THAT THIS ISA PAGE OF THE Z OFFICIAL ZONING ATLAS REFERRED ANO ADOPTED D. SUBDNISONINOIX BY REFERENCE BY ORDINANCE NO. 01-41 OF THE . wxe 1.. v°wx= COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, COLLIER COUNTY, FLORIDA Z AS AMENDED BY THE ZONING NOTES AND SUBDIVISION O 1=...w=.n*=.xx.. . .. INDEX REFERENCED HEREON. COMMUNITY DEVELOPMENT DIVISION m > BY Y CHAIRMAN @ _ TWP 52S HUNG 30E SEC(5) 33 NO ill e is IC° '0 2 E ATTEST CLERK "1 ® MR NU2033N 5 +l J 2`�a sseEG cERmv INA. mG is A PAGE a TME OFFICIAL GEEING A. xwmEo m .1 AEGP E PEPES., Er G'..GE 'G. Gr -Al of �xE cwxn Gr mww. I.El AGGP1Ev I.E zz, 1GG, COLLIERNTY, FLORIDA COMMUNITY OEVEL NT DIVISION WP 525 RNG 30E SEC 37%0. 1/2 v N D n i) to Q O 'I, V 0 LOCA EXHIBIT "A" DRAFT 2033N r e � � L ' 3 � z g a 3 Luxe 3 `a ' $ CON -ST' rtx ��• J L as 532930 THIS 13 TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATREFERRED TO AND ADOPTED SUBONISON INDEX y BY REFERENCE BY ORDINANCE NO. M41 OF THE ,roue py a wue - COUNTYOF COWER, FLORIDq ADOPTED JUNE22, 20M, AS AMENDED BYTHE ZONING NOTES A SUBDIVISION ucmnuun.uwrti . .. INDEX REFERENCED HEREON. BY CHAIRMAN 4 :9 E - ATTEST CLERK COLLIER COUNTY, FLORIDA 1 COMMUNITY DEVELOPMENT DIVISION PNP 525 PING 30E SEC(5) 33 50 1/2 N MAP NUMBER: 20335 ® I a I I 1 I I , JJ OI � U I x L J C7 Z z O N Z O_ n WBOINSION INOE% d' xrxrvaxn rzx wor, a ve 522930 CON-ACSC/ST ' TAMIAMI T AIL (U.5. 20. OT OP POST OEgCE aP3mmn m n o n I. .1aler aaomnxcE xa OHI ai ME CWNtt Of W WPA. ROwp1. MOPRU NxE i2 EWa. Am r cuxrt COLLIER NTl', FLORIDA COMMUNIT DE !T DIVISION WP 52S RNG30E SEC 34 1/2 v V/ D n CD 00 0 V O FOGA EXHIBIT "A" DRAFT 522930 a CON -ST' z R ...11 111.NI 0 J .os.oene. JU 3 w w O 8 L 20346 z THIS IS TO CERTIFY THAT THIS ISA FADE OF THE Z OFF AL ZONING ATI -AS REFERRED TO AND ADOPTED O BUBDIVISON INDEX BY REFERENCE BY FLORIDA. AD N0. 0JUN 02 THE E -1.e p„ g AS AME OF COLLIER, FLORIOA,ADOPTEO JUNE ]2,2004, COLLIER COUNTY, FLORIDA AS AMENDED BV THE ZONING NOTES AND SUBDNI6ION ZO uomnu.enm u.R, . .. INDEX REFERENCED HEREON. COMMUNITY DEVELOPMENT DIVISION > C BY CHAIRMAN TNP 525 RNG 30E SEC(S) 34 NO 1/2 6 ATTEST CLERK P1 ® MAP Nu2034N L J EI 532930 IS m annn i AT r E .z A PAGE or mE omci.i ZONING Av nEsmwm m nxp eoGPwn er FFEFJ E zr OEINx xcE xo. I - I Gr E.T uwxwx .S COLLIERLl51�NTY, FLORIDA comMUNirr oEvc� Nr VNISiON WE 525 RNG 30E SEC SPEED. LDCA EXHIBIT "A" 2034N DRAFT SUBDIVISION INDE KENTU-1-U-1 F, ID 532930 THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFAL ZONING ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO. 0411 OF THE COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22,204, AS AMENDED BY THE ZONING NOTES AND SUBDIVISION INDEX REFERENCED HEREON. BY CHAIRMAN ATTEST COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT DIVISION 1 TWP 52S RNG 3DE SEC(S) 34 SO 112 MAP NUMBER: 2034S �®,j Text underlined is new text to be added Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Planning and Zoning Division LDC SECTION: 6.01.05 Soil Erosion and Sediment Control Plan SUMMARY: This amendment proposes to require Best Management Practices (BMPs) for soil erosion and sediment control for developments such as single-family, two-family, townhouse structures, as well as underground construction activities. DESCRIPTION: Both the State of Florida and for soil erosion and sediment control during gra( site. Florida's stormwater regulatory progran construction to minimize soil erosion, sediment Erosion and Sedimentation Control Inspector's) of Florida's stormwater regulatory program a Protection'(FDEP) are to protect water quality requiring the use of effective Best Management I At the county level, Objective 5.4 in t of the GMP requires the County to reduce soil erosion andseduhnt t disturbing activities.">Addi System, Phase 2 St6itO watt sites, and it includes prod Currently, 3hese regitireme Control3'I as requifeda tJ by an RWy Work Audit Improvent!84 Plan (SIP). He construction activities from SDP, or SIP approval. Collier met d performance standards ns to retain sediment on - quires; the use o BMPs during and after and manage runof- The Florida Stormwater, al (July 2008) cites"the oIlowing; "The goals the Florida Departmen gf Environmental 1r�t ntmize erosion and sedimentation by 1ceIPs) during and after grading." r t and Coastal Management Element (CCME) ,lations Adfitifying criteria to control and oia"etion aridother nonagricultural land 04a, it, Pollutant Discharge Elimination unty to control pollution from construction d enforcement. of a Soil Erosion and Sediment 05 0is foa developments to obtain construction approval A) permit, Site Development Plan (SDP), or Site ection 10.02.03 A.3 inadvertently exempts a number of 66ause they are not required to obtain an EWA permit, As a result, staff frequently rece]es complaints regarding soil erosion and sedimentation issues at construction sites for situ" r_A homes, duplexes, or townhomes such as the example shown in Figures 1 and 2. These issues not only disturb surrounding properties, stormwater systems, and other waterways, but also cause construction delays, fines, and additional expenses to reverse the damage caused by missing or inadequate soil erosion and sedimentation control measures. This amendment requires those projects not required to submit a Soil Erosion and Sediment Control Plan to implement BMPs for sediment and erosion control. Typically, BMPs are described in Chapter 4 of the FDEP's "Florida Stormwater, Erosion and Sedimentation Control Inspector's Manual." These standards include: 1) perimeter controls such as silt -fence, floating turbidity barriers when adjacent to waterways, or straw bale to stabilize soil and 2) storm drain inlet 1 L:\LDC Amendments\Advisory Boards and Public Hearings\DSACVAmendments\6.01.05 Soil Erosion and Sediment Control Plan 11- 22-17.docx DSAC Page 61 of 70 Text underlined is new text to be added protection such as a fabric drop, sod drop, or gravel and wire mesh inlet sediment filter. However, the specific control measures required will depend on the characteristics of each construction site and adjoining property. Per LDC section 10.02.06 B. Le., it is further noted that any of the following property improvements, lot clearing, grading, stockpiling of soil, demolition, building construction or reconstruction, building alteration or addition cannot commence without a building permit or vegetation removal permit. Therefore, the building department shall, at the time of the first building inspection, determine if the appropriate BMP for erosion and soil control is effective. Figure 1. Absence of silt fence and soil stabilization adjacent to waterway. Figure 2. Off-site sedimentation. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended removing the word "discarded" from the reference to building materials in subsection 13.3. This change was incorporated into the amendment and the DSAC-LDR Subcommittee recommended approval on November 13, 2017. FISCAL & OPERATIONAL IMPACTS: No operational impacts are anticipated as the building department will observe compliance at the time of the first building inspection. Depending on the site characteristics and BMP, additional costs can be incurred once development commences. GROWTH MANAGEMENT PLAN IMPACTS: There are no Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 1 6.01.05 - Soil Erosion and Sediment Control I24an 2 A. Soil Erosion and Sediment Control Plan. For new and existing development and 3 construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04 4 and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted 5 for approval with the required construction documents for each proposed project as 6 prescribed by objective 5.4 and policy 5.4.1 of the Conservation and Coastal 7 Management Element of the Collier County Growth Management Plan. 8 1. Application. The Administrative Code shall establish the procedure and submittal 9 requirements for a Soil Erosion and Sediment Control Plan. 2 LALDC AmendmentstAdvisory Boards and Public Hearings\DSACWmendments\6.01.05 Soil Erosion and Sediment Control Plan 11- 22-17.docx DSAC Page 62 of 70 4 5 6 7 8 9 10 11 12 13 14 15 Tent underlined is new text to be added Text st ikethro gh 'n GUFFPRt tR)d to he aARtPd B. Developments not reauirina a Soil Erosion and Sediment Control Plan shall implement and maintain best management practices in accordance with the Florida Stormwater Erosion and Sedimentation Control Manual for sediment and soil erosion control, to prevent the transport of sediment and pollutants off site. 1. All sediment and soil erosion control devices shall be installed prior to the commencement of construction for demolition, renovation, alteration, construction, stockpiling of fill, lot clearing or grading. 2. During construction activities, the applicant shall remove any pollutant, silt, debris, or dirt resulting from the construction activities that accumulates off site or within any stormwater management system, including but not limited to swales, lakes, ponds, canals, and waterways. controlled on site. 3 LALDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\6.01.05 Soil Erosion and Sediment Control Plan 11- 22-17.docx DSAC Page 63 of 70 Text underlined is new text to be added Land Development Code Amendment Request ORIGIN: Growth Management Department Staff AUTHOR: Growth Management Department Staff LDC SECTION: 9.04.04 Specific Requirements for Minor After -the -Fact Encroachment SUMMARY: This amendment creates an exception from the requirement to pursue an Administrative Variance (AVA) for residential structures with setback encroachments of three inches or less that result from the application of exterior wall treairnents. DESCRIPTION: For many years, the Growth Management Department has received daily requests seeking to determine if a residential structure complies with zoning regulations. These inquiries often occur during the due -diligence stage of the sale of a property and include an as - built survey of the structure. If the as -built survey shows a structural encroachment into the required setbacks, the owner would need a variance to clear the encumbrance from the property title, placing an unexpected financial burden on those seeking to purchase or sell a property. Although the as -built survey may shoal the structure with a �,efback encroachment, further research into the property often shows the building permit for the suture was approved and issued with the required setbacks in effect at that time a Certificate of Occupancy (CO) was granted, and the structure satisfied the structure -to -structure separation'reduirenients. During the building permit process, a spot survey is requjred after the slab inspection but will-,nly demonstrate the location of the slab. Therefore, these encroachments n*y` occur F ttep the exterior frame walls are constructed flush with the outer most edge of e slab, and the added exterior wall treatments extend into the required yard. Examples of the exterior wail treatments may include stucco, siding, or stone finishes. Currently, hDC section 9.04.04 B establishes that,requests where building permits and CO's were granted qualify for administrative variance approval if the encroachment does not exceed ten percent of the required yard with a maximum of two feet. Since 2014, approximately 37 percent of AVAs approved in accordance with LDC Section 9.04.04 B were for encroachments of less than three inches .. The County would not require the homeowner to pursue a variance for these types of encroachments, as the amenproposes to deem the residential structures compliant with the applicable development standards within the LDC, when the following has occurred: • A building permit has been granted; • The building permit was approved utilizing the required setbacks in effect at that time; • A certificate of occupancy has been granted; • The encroachment does not exceed three inches into the required yard; • The only portion of the structure encroaching into the required yard is the exterior wall treatment; and • The required structure to structure separation, as identified in LDC section 4.02.02, is satisfied. 1 L1LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\9.04.04 -Specific Requirements for Minor After -the - Fact Encroachments.docx DSAC Page 64 of 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Text underlined is new text to be added TeA sti Leth FO nh 'C 8n1loNIn he deleted However, the exception is not applicable to the foundation or other architectural design features that encroach into required yards. DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: The DSAC-LDR Subcommittee recommended approval on November 13, 2017, with no changes. FISCAL & OPERATIONAL IMPACTS: This amendment will result in fewer Administrative Variances. However, if homeowners still require verification the property meets setbacks, this may increase the number of requests for Zoning Verification Letters. This could decrease fees collected by the Growth Management Department. However, by eliminating the need for AVAs, homeowners with encroachments of three inches or less may save the cost of the application fee and any other consultant fees associated with obtaining the adininistrative variance. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment Amend the LDC as follows: 9.04.04 — Specific Requirements for -Minor After'-the-Fgict-Encroachment Minor after -the -fact yard encroachments for structures to lading principal and accessory structures, may be approved admmistritiveiyby the Coun -Manager or designee. Exceptions to required yards as provided for within LDC Is on 4.02.01 _Q shall not be used in the calculations of existing yard encroachments B. For both residential and non-residenttal str- r"es fife County Manager or designee may administratively approve minor afterrf fact yarn"tsrtcroachments of up to ten 408 percent of the "required yard.with a maxrrnm of two f24 feet when a building permit and certificate of occd-, ncy haa,be n granted t he encroachment applies to the yard requirement in effect as of the dafe the bulfdg permit was issued. # # # # # # # # # # # # # 2 LALDC Amendments\Advisory Boards and Public Hearings\DSACVAmendments\9.04.04 - Specific Requirements for Minor After -the - Fact Encroachments.docx DSAC Page 65 of 70 Text underlined is new text to be added Land Development Code Amendment Request ORIGIN: Growth Management Department Staff AUTHOR: Growth Management Department Staff LDC SECTION: 10.02.09 Requirements for Text Amendments to the LDC SUMMARY: This amendment proposes to modify the number of times amendments to the Land Development Code (LDC) may be made. DESCRIPTION: Currently, LDC section 10.02.09 made no more than twice a year, unless the Board additional amendments by super -majority vote. LDC. • The Board directs amendments, • State legislation mandates changes to • Private entities request amendments, • Growth Management Plan (GMP) air • Collier County staff propose.LRC air Each of the above sources of LDC of LDC amendments, for example: • Local moratoria some with, other planned at, • State legislation may I • Privately initiated amt • GMP changes may ret Due to the variety of sources LDC aftendments per yeaf pL limitatiorri5 not statutorily ret better reflect'the origination) amendments. This She proce, through a compaiiioii,Admir amendment clarifies the appl pre -application meeting for, p7 may be amendments to the LDC may be ,,Commissioners (Board) directs tsXe initiated in several ways: or timeframes for completion pace than, or out of cycle times bf the year; at any time; or meframes of LDC amendments, the current maximum of two t -unnecessary limitation on staff time and resources. Given the this amendment proposes to remove the limitation in order to ency,"fid time constraints historically associated with LDC for privately initiated LDC amendments are also addressed ve Code amendment (Exhibit A). The Administrative Code i requirements, review process, and adds a requirement for a v initiated LDC amendments. Regardless of the source or timing, LDC amendments are reviewed at several public meetings, including, at a minimum: • Development Services Advisory Committee - Land Development Review Subcommittee (DSAC-LDR) (I meeting) • DSAC (1 meeting) • Environmental Advisory Council (EAC) (I advertised hearing, if necessary) • Collier County Planning Commission (CCPC) (1 or 2 advertised hearings) • Board of County Commissioners (1 or 2 advertised hearings) 1 L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\10.02.09 Removing LDCA Limits 11-22-17.doex DSAC Page 66 of 70 1 2 3 4 5 6 7 8 9 10 11 Text underlined is new text to be added Te)d str kethfownrrcurrent lcrtN mto v4n vAn atcad DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 14, 2017, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 10.02.09 Requirements for Text Amendments to A. Text Amendments to the LDC. 21. The LDC may only be amended IrtSuch a wayps to the LDC with the Growth consistency of requirements for LDC 2 DLDC Amendments\Advisory Boards and Public Hearings\DSAC\Amendments\10.02.09 Removing LDCA Limits 11-22-17.docx DSAC Page 67 of 70 Exhibit A Ted underlined is new text to be added Text sti LeN.m gh 'n Rt text to be d.'. at.ed Text .., Al �... Bold ted indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter / Legislative Procedures B. Privately Initiated Land Development Code Amendments Pr-ivtely initiated Text Urnendiments Reference LDC section 10.02.09, LDC Public Notice subsection 10.03.06 AandK F.S. § 163.3202, and F.S. § 125.66. q see LDCsection 10.03.06 for County Initiated Te*LDCAmendments. Applicability Privately initiated Aamendmentsthat supplement, change, orrepeal *'ptpx#m the LDC. Pre -Application A pre -application meeting is nat required. Initiation The applicant files an "Application for Amendment to the Land Development Code "with the Planning & Zoning Division. Application The application must include the following information: Contents 1. Applicant Contact Information. 2. Completed W)GAFneAdmeRt Request feren. 3. Pre -application meeting notes. 4. LDC amendment request document, including the followin • The applicant's name; • The name of the author of the LDC text amendment; • All LDC sections to be modified by the amendment • A written statement briefly describing the change requested; • A written statement describing the iustification for the amendment and any other relevant information about the change requested; • A written statement describing any potential fiscal or operational impacts associated with the amendment; • Awritten statement addressing the amendment's consistency with the Growth Management Plan; • Changes to the LDC shall be identified in a strikethrough/underline format. Strikethrough language represents removal and underlined language represents new language. -Land • All cross references to the section in the LDC shall be checked and amended if necessary. 5. Electronic copies of all documents. Completeness and The Growth Management Division Department will review the application for Processing of completeness. After submission of the completed application packet accompanied with Application the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the DSAC Page 68 of 70 Exhibit A TextText underlined is new text to be added xt sti keth.,. gh is ,. RFa tRN to be dAIRt Ad Bold text indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter Legislative Procedures petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Requirements fes additional notice information. Amo 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: aEr..<»;:.=„.0 • The title of the proposed ordinancebr,iresolution; +ti®wa1-eF . Date, time, and location of the hear'mg; aad Y • Places(s) within the county, -Where the.piroposed ordinance may be saWgecy inspected by the public • LDC amendments €d thaneethe zoning mat,Api ignatinn of 10 arre_s nr location. 1. The EACshall hold a'fleast-1one advertised public hearing, if required. The Planning Commission shall hold at least -1one advertised public hearing. e "3 .....The BZA�CC- shall hold at least -1one advertised public hearing. :alwvmen-meoma':6 Gategofy land or change the list of permitted, conditional, or prohibited uses within a zoning district: 1. The EAC shall hold at least one advertised public hearing, if required. 2. The Planning Commission shall hold at least one advertised public hearing. • The Planning Commission may elect by a majority decision to hear the ordinance or resolution at two advertised public hearings. If there is only one advertised public hearing, the hearing shall be held after 5:00 p.m. on a 2 DSAC Page 69 of 70 Tent underlined is new text to be added Exhibit A Text lkethre gh , ..,..,t te)d to he so Bold text indicates a defined term Collier County Land Development Code I Administrative Procedures Manual Chapter / Legislative Procedures weekday, and if there are two advertised hearings then at least one of the advertised public hearings shall be held after 5:00 p.m. on a weekday. 3. The BCC shall hold at least two advertised public hearings. • At least one advertised public hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. Decision maker The BCC, Planning Review Process a recom aws the EAC, if required, and the The Planning stl ' ffiendment application in a public meeting and eridation to the BCC. the amendment application if the proposed change onmenfalcomponent in accordance with Collier County 6'n,2-1193. The EAC makes a recommendation to the nmission reviews the application for consistency with the a recommendation to the BCC. ie application and the recommendations by the advisory boards. approve with revisions, or deny the proposed ordinance or Effective Date Per F.S. § 125.66, the ordinance must be filed with the Florida Department of State, Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective date is the date it is filed with the State, unless a date is specified in the ordinance. Updated [Resolution 2018 -XX] 3 DSAC Page 70 of 70 Collier County Growth Management Department M/'Il• .SOW To: Development Services Advisory Committee (DSAC) From: Jeremy Frantz, LDC Manager Date: November 29, 2017 Re: LDC amendment to preservation standards and Conservation Collier land donations On November 1, 2017, staff provided an update to DSAC members regarding the proposed LDC amendment to LDC section 3.05.07 - Preservation Standards, which relates to off-site preservation standards. At the meeting, staff provided an overview of the Planning Commission's (CCPC) final recommendation to the Board of County Commissioners (Board). The CCPC's recommendation from October 19, 2017, is included in this document (See Attachment A). After staff's update regarding the amendment, DSAC members discussed the proposed amendment and suggested adding an item to the December agenda to consider whether DSAC would like to include a letter to the Board regarding the amendment. On November 13, 2017, DSAC member Mr. Espinar sent an email to staff identifying potential options for the amendment. Mr.Espinar's email is included in this document for your consideration (See Attachment B). Additionally, DSAC's recommended LDC amendment language, approved on January 4, 2017, is included for informational purposes (See Attachment Q. This amendment will be included on the Board's Consent Agenda on December 12, 2017, for direction to advertise the item and hold a public hearing on January 23, 2018. Please contact me if you have any questions. Sincerely, Jeremy Frantz JeremyFrantz(a),C011ier og v.net (239) 252-2305 Attachment A Text underlined is new text to be added TeA sti knu.... nA'n cumenttP)d M hp An nlnrl Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff AMENDMENT CYCLE: 2016 LDC Amendment Cycle (Carry -Over) LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: This amendment modifies the requirements for off-site native vegetation retention. The amendment updates and revises the applicability section, provides for off-site preservation through deviations or variances, modifies the calculation for monetary payments, and removes the land donation alternative for off-site native vegetation retention. REASON: Amendment History Currently, LDC section 3.05.07 H.Lf establishes the following options for compliance with the County's native vegetation retention requirements: 1) On-site preservation; or 2) Off-site preservation through one of the following methods: a. Monetary payment with an exotics maintenance endowment, or b. Land donation with an exotics maintenance endowment. On July 7, 2015, Conservation Collier staff made several preliminary recommendations to the Board of County Commissioners (Board) for guidance prior to establishing more detailed changes to the program. The Board directed a review of these recommendations with the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) and Development Services Advisory Committee (DSAC) to provide recommendations to: Increase the monetary payment so that land management endowments last beyond seven years; and Consider removing the land donation alternative. The following narrative describes some of the history of the County's preserve requirements, the changes included in this amendment, and the recommendations suggested by the advisory boards and the Collier County Planning Commission (CCPC). Background regarding on-site preserves The purpose of the on-site preserve requirement is to retain, maintain, and protect existing native vegetation on site as provided for in the Conservation and Coastal Management Element (CCME) of the Growth Management Plan (GMP). Accordingly, the purpose of LDC section 3.05.00 Vegetation Removal, Protection, and Preservation states: 1 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx Text underlined is new text to be added Bold text Indicates a defined term The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is important to note that while this section allows for off-site preservation, preserves in the urban area still provide benefits to the community. Beyond native habitat, preserves also provide green space consisting of naturally existing vegetation in urban areas. The Nature Conservancy's "Planting Healthy Air" (2016) confirms that trees and other vegetation provide many benefits to people including: "aesthetic beauty, enhancement of property values, erosion prevention, stormwater management, and noise reduction."' The study also reiterates that trees sequester carbon, which helps to alleviate the effects of climate change. Trees help to make the air healthier as "Dozens of studies now show that tree leaves filter out particulate matter from the atmosphere, along with many other air pollutants.s2 Preserves retained on site are an amenity for residents. The LDC allows for boardwalks, pathways, benches, educational signs, and viewing platforms; staff encourages these uses so that residents can enjoy preserve areas. In addition, the Nature Conservancy's Tree Study indicates that urban trees have been shown to have economic value, stating, "in general, the total economic value of a tree is frequently more than 20 times the value specifically for air quality, with stormwater mitigation and aesthetic value for property owners being especially important s3 Background regarding off-site preserves Off-site native vegetation retention was added to the LDC in 2010 to allow for the purchase or donation of land off site in lieu of preserving native vegetation on site. The criteria for determining when this alternative is allowed is based on the provisions identified in CCME, of the GMP, Policy 6. 1.1 (10), which states: The County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site. The land development regulations shall provide criteria to ' McDonald, R., Kroeger; K., Boucher, T., Wang, L., Salem, R. (2016). Planting Healthy Air. Retrieved from https://Rlobal.nature.org/content/healthvair?src=r.global.healthvair. Pg. 2 2 lbid, Pg. 2. 31bid, Pg. 22. 2 L:\LDC Amendments\2016 LDC Amendment CycleWmendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx Text underlined is new text to be added Bold text indicates a defined term determine when this alternative will be considered The criteria will be based upon the fallowing provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and Skate agency technical assistance; d The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right -of -Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method oj'compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site. Generally speaking, preserves which are smaller in size, or those located adjacent to more intense land uses, have a greater potential to become less viable over time due to habitat fragmentation and sensitivity of native vegetation to changes in the environment. Depending on the type of development and uses on adjoining properties, plants, such as slash pine, often die after a few years. It is in these instances where the off-site preservation is recommended in lieu of preservation of native vegetation on site. Changes to LDC sections 3.05.07 H.I.fi-ii Purpose section This amendment adds a purpose section to clarify the original intent and guide the administration of the off-site preserve program. This section identifies it is intended to apply to projects with a preserve requirement of 21,780 square feet (one-half acre) or less. Additionally, this section is not applicable to the Rural Lands Stewardship Area (RLSA) and Rural Fringe Mixed Use (RFMU) districts, since there are separate off-site preservation provisions specific to each district. Applicability This amendment removes the existing applicability in its entirety and replaces it with a provision limiting the applicability of off-site preservation to projects where the preserve requirement is 21,780 square feet (one-half acre) or less, and where the preserves have not been identified on an approved development order by the County. This section also limits the applicability of off-site preservation with several prohibitions that modify or add to the provisions previously identified as "restrictions." Identifying these standards as prohibitions makes it clear that no deviations can be requested or allowed when any of the prohibitions are found on site. Additionally, the following clarifications and additions have been made to the list of prohibitions: • The prohibition on removing native vegetation adjacent to flowways is clarified to indicate that it also applies to native vegetation within flowways. 3 ULDC Amendments\2016 LDC Amendment CycleWmendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx Text underlined is new text to be added Text st�kethrG gh isauwentn be delete Bold text indicates a defined term Currently, remaining portions of on-site preserves must be a minimum of one acre, unless high quality habitat is present. This provision is removed as applicants will not be able to leave any required preserves on site when off-site preservation is requested. A standard is added prohibiting off-site preserves if the on-site native vegetation requirement is greater than 21,780 square feet (one-half acre). A standard is added prohibiting deviations or variances from the off-site preservation standards. Approval methods CCME Policy 6.1.1 (13) requires two potential methods for obtaining approval when developments meet the applicability to provide on-site preserves off site. The policy states: "The County may grant a deviation to the native vegetation retention requirements of subsections 2, 4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting (?fa deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively... " Therefore, the following approval processes have been established: 1) Administrative approval: The County Manager or designee may approve deviations for off-site preserves in only the following four situations: a. Essential service facilities; b. Affordable housing projects that have been approved by the Collier County Community and Human Services Division; c. Projects where on-site native vegetation is fragmented; or d. Projects where on-site native vegetation is not contiguous to off-site preserve areas. 2) Approval through a public hearing: For other projects that satisfy the applicability criteria, off-site preservation may be approved through a PUD deviation or variance, as applicable. Finally, a provision is added which states that for the purposes of this section, the required preserves shall be based on the total acreage for the PUD or development order, and not based on an individual phase or phases of a development. Additionally, if the on-site native vegetation retention requirement is satisfied off site, then all of the required preserve will be satisfied off site. Changes to Off -Site Alternatives in LDCsection 3.05.07H.I.fiii. This section currently identifies that the native vegetation retention requirements may be satisfied by one of two off-site alternatives, either monetary payments or land donations. This amendment removes the land donation alternative and modifies the calculation of the monetary payment. 4 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx Currently, the monetary payment amount is based on the location of the land to be impacted and must be equal to 125 percent of the average cost of land purchased by Conservation Collier in the urban designated area or of the average cost of all other designations, as applicable. This amendment states that the monetary payment amount shall be established in the Growth Management Department Development Services Fee Schedule. The proposed per acre fee for the monetary payment alternative is based on the Annual Update and Inventory Report AUIR C d R ' 1 D_11 L d S Text underlined is new text to be added Te)d sti kethm gh 6 n o ho dploted Bold text indicates a defined term Preserves in Industrial Districts: LDC section 3.05.07 B.2.h establishes that industrial zoned parcels which have a native vegetation retention requirement of two acres or less are exempt ( j ommumty an egtona ar an ummary unit cost per acre, as updated annually. Using the AUIR to establish the cost to purchase land will ensure that this fee is consistent with the County's other land purchasing estimates and that the fee is updated regularly. CCPC RECOMMENDATION: Following the Board's direction, the CCPC has reviewed recommendations from CCLAAC and DSAC over the course of several meetings. During their review of this amendment, the CCPC noted the following: The retention of native vegetation, even small areas, is valued by Collier County residents. The native vegetation retention requirements should be designed to promote on-site retention. The program should place more emphasis on encouraging incorporation of the natural environment within urban developments. Furthermore, the CCPC expressed concern over the ability for developers to satisfy native vegetation retention requirements off site, the methodologies used by the CCLAAC and DSAC to revise the fees associated with the off-site preservation alternatives, and the County's ability to manage exotics in the rural areas of the County. As a result, this amendment reflects the following CCPC recommendations made during the August 17, 2017, meeting: 1. Off-site preservation should only be allowed through a deviation where the preserve requirement is one-half acre or less. a. The CCPC explained that the limitation to one-half acre is significant when compared to minimum lot sizes for single-family homes. For instance, 21,780 square feet compares to more than three minimum sized lots within RMF -6 zoning districts. 2. An administrative deviation should be available to projects that meet identified criteria. 3. The only method for providing off-site preserves should be through a monetary payment and the amount should be based on the AUIR Community and Regional Park Land Summary per acre unit cost. The Planning Commission unanimously recommended approval on October 19, 2017. 5 ULDC Amendments\2016 LDC Amendment CyclOAmendments\3.05.07 Preservation Requirements -Conservation Collieroraft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.doex Text underlined is new text to be added Te)d nit kethrn n4. 'n current tPN to be deleted Bold tent indicates a defined term CCLAAC & DSAC RECOMMENDATIONS: Off-site preservation was used infrequently after its addition to the LDC in 2010, and several provisions have proved problematic when staff has applied this section to projects in recent years. Therefore, in addition to addressing the Board's direction staff recommended clarifying certain portions of this provision to CCLAAC and DSAC. Both the CCLAAC and DSAC provided similar recommendations regarding changes to the purpose and intent, applicability, PUD deviations, and prohibitions sections. While the CCPC recommendation includes the CCLAAC and DSAC recommended language in the purpose and intent section, several other sections were modified during the CCPC hearings described generally as follows: • Both CCLAAC and DSAC recommended to allow for off-site preservation to apply to preserve requirements of up to one acre and to allow for up to two acres through a PUD deviation. However, the CCPC modified these provisions to apply only to preserve requirements of one-half acre or less. • Both CCLAAC and DSAC recommended clarifications to the restrictions section, including renaming the section to "prohibitions." While some of these clarifications are included in the CCPC recommendation, the CCPC has made additional modifications and additions as described above. • Both CCLAAC and DSAC recommended changes to the off-site preservation alternatives as directed by the Board. While these recommendations differed between committees, each committee included endowments for estimated land management costs, and proposed fees for the monetary payment and land donation alternatives. Each Committee's proposal for changes to the off-site preservation alternatives are summarized in the next section. CCLAAC recommendations for off-site preservation alternatives: 1) Land Management Costs: CCLAAC recommended using an annual estimated cost of $558 per acre to manage lands donated to Conservation Collier. This yearly management estimate was used to establish an endowment amount that ensures sufficient management funds for at least 20 years while accounting for inflation and interest. The resulting land management endowment amount of $32,500 was incorporated in CCLAAC's recommended fees for the monetary payment and land donation alternatives. 2) Monetary Payment Alternative: CCLAAC recommended that the monetary payment should be equivalent to 125% of the "post development appraised value" of the on-site preserve acreage. The following example was given: If a development with a one acre preserve requirement received a post development appraisal value of $300,000, the total fee associated with the monetary payment alternative would equate to $375,000. 3) Land Donation Alternative: CCLAAC recommended that the land donation fee incorporate the land management endowment and an initial exotic vegetation removal cost. Additionally, CCLAAC recommended a 4:1 ratio for land donations to offset the land being developed. The following table illustrates the land donation fee for a project with a native vegetation requirement of one acre. Since a 4:1 ratio would apply to the donation, four acres would need to be donated, therefore, the fees are multiplied by four in the following table: 6 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Dratt LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx Text underlined is new text to be added TeAstikethFo nA 'n Bold text indicates a defined tens Elements of Land Donation Fee Cost Per Donation Land management endowment $32,500 x 4 $130,000 Initial exotic vegetation removal costs $4,000 x 4) $16,000 Total $146,000 DSAC recommendations for off-site preservation alternatives: 1) Land Management Costs: DSAC recommended using the following estimates to manage lands donated to Conservation Collier: • Years 1-5 = $558 per acre • Year 6 and ongoing = $141 per acre These yearly management estimates were used to establish an endowment amount that ensures sufficient management funds for at least 20 years while also accounting for inflation and interest. The resulting land management endowment amount of $13,200 was incorporated in DSAC's recommended fees for the monetary payment and land donation alternatives. 2) Monetary Payment Alternative: DSAC recommended that the monetary payment incorporate the cost for Conservation Collier to purchase land, the land management endowment, and an initial exotic vegetation removal cost as shown in the following table: Elements of Monetary Payment Alternative Per Acre Cost Average cost to purchase land for Conservation Collier $32,800 Land management endowment $13,200 Initial exotic vegetation removal costs $4,000 Total $50,000 3) Land Donation Alternative: DSAC recommended that the land donation fee incorporate the land management endowment and an initial exotic vegetation removal cost as shown in the following table: Elements of Land Donation Fee Per Acre Cost Land management endowment $13,200 Initial exotic vegetation removal costs $4,000 Total $17,200 FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 1 3.05.07 Preservation Standards 2 3 H. Preserve standards. 4 1. Design standards. 7 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added Te)d sti kethrn gh is n Fm 18N {n be deleted Bold text indicates a defined term Off-site vegetation retention. i. Purpose and Intent. The purpose of this subsection f is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on site as provided for in the Conservation and Coastal Management Element of the GMP. However, in limited situations on-site preserve may be considered less viable as a functional preserve if it is 21,780 square feet (one- half acre) or less and isolated. Therefore, in limited situations, providing for a preserve off site can achieve the goals and objectives of the GMP. This section shall not apply to lands located within the RLSA or RFMU districts. i Annl'sah'I'ty. A n e.fi. nWReF maY FeqUest that all s a shish of the CAIPPr f n my n site natiy vegetatiOR a .sties retnntien FequiFement he satisfied far sal., the fsllewiRg sit, iatlnns and a\ Drenah'a ZGRed s al ,.,hare the a site n FBSeFVe reqUiFeM.ant is less than O b)Par sitesw#ere ern -site gresewefeq6iiFprnRnt is less than 7 0s1 Essential seirvmee fa.: I'Fa ether than narks far any size , pFevieusly everr6i; with this type vegetation and whiGh aFFive at this state due to lank of managemeRt Of the Applicability and proNbitions. [Except where it is prohibited, applicants may request requirementretention 8 L:\LDC Amendments\2016 LDC Amendment CyclelAmendments\3.05.07 Preservation Requirements -Conservation Collier\Dratt LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added Text Bold text indicates a defined term development order by the County. Off-site preserves are prohibited if one or more of the following is found on site: a) Xeric scrub, and hardwood hammocks whiGh are eRe-as e ep R;eFe in size, mangrove (excluding mangrove fringes less than 40 feet in width, as measured from the root line, on artificially created shorelines), coastal dune and strand environments, and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWS, Chau nn{ be !hewed {n have the C.. site native vegetation preservatie ept Provided b) Preserves shall Fema;a GRGite if that are located within or contiguous to natural flowways required to be retained per the requirements of the SFWMD, natural water bodies, estuaries, government required preserves (not meeting the off-site preservation criteria herein), NRPAs, or contiguous to property designated for purchase by Conservation Collier or purchased by Conservation Collier, or contiguous to properties containing listed species nests, buffers, corridors and foraging habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified during wetland permitting with applicable State and Federal agencies, regional drainage studies, or surface water management permits or B) Re n nr, nh'f a ^'{FAust be � r n on r min of n and ;h;;Il RAt rnppt the ff '{ C.'{offo of ^ h ^r.n{'nn Q 05 n7 H 9 f' /f\ a d / \ h unless preserved fnr the Aff site native vegetation ete Rti^ alult8_r r..ativ. a) Essential services facilities: b) Affordable housing approved by the Collier Countv Community and Human Services Division to off-site preserve areas. Preserve requirement off site. 9 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added Te)ntr kt4.oeh .� 9 be de nf �.es-odn-ei�i Bold text indicates a defined term b) Variances shall be processed in accordance with the procedures in LDC section 10.09.00. V. For the purposes this section, the preserve requirement shall be based on the total acreage for the PUD or development order, as applicable, and not based on an individual phase or phases of a development, consistent with LDC section 3.05.07 H.1.a. If the 44imvi. ants may be met b.. m etara n nt n. by land deaatiea If a development qualifies for off-site preservation. on[ a monetary payment will satisfy the off-site retention requirement. a) Applicants shall make the monetary payment to Collier County. Such funds will shall be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment amount shall be established by resolution in the Collier County Growth Management Department Development Services Fee Schedule. The monetary payment amount shall be calculated based on the on-site preserve requirement for the land that is proposed to be developed and shall be the current AUIR Community and Regional Park Land Summary per acre unit cost, as amended annually. based OR the Innatien nF the land to be impasted and hn o nl to 125 n eRt of the average est of land OR the I Irban Dec:gin. ,,, OF 125 pe,..nt nF the ...,wgc yyyt fbF all ete r rlesignatienn as nl'nabin as defined by the PLUE, IC_ rnuinr re.Int„ thro 9h the Geese .ati944„ Ge4ieF pregrar —This monetary payment shall be made prior to the preconstruction meeting for the SDP or final plat construction plans. b) IR HeGf MGRetaFypayment, applioaRtS may Ghheese to Fon ether n est a In the n nt of .Innntinn Fn subsequently donate land Wthin the n est bn nda.e of t hRGhestel: Head North Golden Gate Estates Unit 53 ether m It' parsern est orany other lana des'g atea A nniroants who nhense to do ntn land shall be r red to demonstrate that the 'and to be donated n nta'n athop vegetatlen n n@ies equal Fn n of higher n r'ty (as do .'bed iRbn nt'n Z 05 07 A.) than the land r ed to he n .ed a sits Inn ease shall theaGFeage aF land danated be less than the aGreage of land required to be n .ed n site Land donated to satisfy the off site otat'n retentia re UiFement must he Ionated entirely shall be ,made to a fede al state r le l mac an n4 . ageRGy established n thnr'�nd ton est lands For the G9RG.ntinn and m nt of land ' perpetuity, -eMe 10 L:\LDC Amendments\2016 LDC Amendment CycleWmendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Text underlined is new text to be added -i ikelh;r. gh 'c ..ref te)4 to be deleted Bold text indicates a defined term iv -vii. PUD zoning. `^/"^•^ 'he ^ff gitp native vegetatiOR ..teed. a14arPatiye i ed fair Pah'n of P ai '.iPRt f'Pd n 121 -10 master Plan a DI D a RdMPRt is of rPqwiFed. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative, subject to LDC section 10.02.13 E, unless the option to use the off-site native vegetation retention alternative is included in the PUD. viii. Deviations or variances from LDC section 3.05.07 H.1.f. are prohibited. # # # # # # # # # # # # # 11 L:\LDC Amendments\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\DraR LDCA\3.05.07 Preservation Requirements 11-1-17 Final.docx Attachment B FrantzJeremy From: Marco Espinar <marcoe@prodigy.net> Sent: Monday, November 13, 2017 12:46 PM To: PuigJudy; FrantzJeremy Subject: LDC 3.05.07 Preservation Standards Good afternoon, Here are some thoughts on this subject matter. LDC 3.05.07 Preservation Standards. The current proposed changes to the LDC basically neuters the GMP. I am oppose to how it is currently proposed. Here are some potential options: 1) First remove prohibition to deviations or variances. This item hurts urban infill and redevelopment. 2) Adopt DSAC's Monetary costs. Those costs are based on realistic market numbers. Also, eliminate the Annual update and Inventory (AUIR). This hinders budget planning. There is nothing wrong with periodic examination of cost but this could be done maybe every 5 years. If this must be reviewed annually, language should be added that states, "the amount will be based at the time of submittal." This eliminates guessing what the final costs will be. Note: it states the reasoning for the use of (AUIR) is so this can be consistent with the County's OTHER land purchasing estimates. This is apples and oranges. Other County land purchases include R.O.W, Road projects, Regional and community parks. This requires the taking of commercial and residential ROW and / or large tracts of suitable land for parks. That is different than ecologically sensitive lands that may be acquired by willing sellers or from land donations. 3) Keep land donation Why limit the ability to acquire sensitive lands. This eliminates the ability for the private sector to secure and negotiate for these parcel. If this is eliminated the County will be waiting until they have sufficient funds, to not only acquire these lands, but also maintain the parcel. By keeping this provision the private sector can donate and provided both land and maintenance funds. 4) The current proposed language limits off site perseveration to 1/2 acre or less I propose, 1 acre can be relocated off site (vested) through the permitting process. An Additional (1) acre may be obtained through the deviation and/or variance process. However, never can the remainder preserve be less than 1 acre, smallest size permitted Examples: A 3 acre preserve 1 acre can be moved off site through standard permitting process, through the variance and/or deviation process an additional acre may be applied for. This will be in compliance because a 1 acre preserve remains. 2.5 acres 1 acre can be relocated offsite however only an additional .5 acres could be applied for through the variance/ deviation process. A 1 acre preserve will remain. 2 acre preserve You are limited to 1 acre through the permitting process. Since 1 acre of preserve must remain. 1.5 acre preserve You are limited to .5 acres of off site. Preserves 1 acre or less in size can be relocated off site This places guard rails as to the amount of preserves that can be moved off site but also it eliminates some fragment preserves and protects larger tracts. This will help with urban infill parcels and old PUD'S. Thank you, Marco A. Espinar Collier Environmental Consultants Inc. 9 Attachment C Text underlined is new text to be added Teva stFLethre nA 'e GUFFPRt tPA W I.e Elelefed Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: This amendment modifies the requ The amendment modifies the monetary payment provisions related to off-site native vegetation re REASON: Amendment History Currently LDC section 3.05.07 H.1 native vegetation retention requirer 1) On-site preservation; or 2) Off-site preservation through one a. Monetary jia�mcnt with an b. Land d6ffation with art exol On July 7, 2015, Board of County, to the oroeratit: Committer;. (DSAC) to pfovi( beyond seven years, for off-si monetary donation amount as On March 22 2016x�tjae Boat modify formulas ford ermil options to ensure the fofmtili Collier. - native vegetation retention. ocesses and clarifies several the County's or staff rnad6, several preliminary recommendations to the 1 for guidance prior to establishing more detailed changes evie'irof these recommendations with the Conservation 3CLAAC) and Development Services Advisory > to increase the land management endowment, retention preservation and to review the optional A staff to prepare and publicly vet an LDC amendment to amount of the endowments associated with each of these L the true costs to manage lands donated to Conservation On May 25, 2016, separate recommendations from CCLAAC and DSAC were presented to the Collier County Planning Commission (CCPC) to increase the endowment for both the monetary payment and land donation options. The CCPC directed staff to revise the recommendations once again with the advisory committees to modify the proposed changes to incentivize and support on- site native preservation, and noted the following: • Monetary donations should be larger to promote on-site retention, and when the off-site option is sought, support the completion of the Conservation Collier "targeted areas." I:\2016 LDC Amendment CyclekAmendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx Text underlined is new text to be added Bold text indicates a defined term The ratio of donated lands should be equal to the value of the to -be -developed parcel. The program should place more emphasis on encouraging the natural environment to be incorporated within urban developments, rather than utilizing the off-site options. The following amendments to 3.05.07 H. Lf provide a purpose statement for the off-site alternative section, update and revise the applicability section to support the purpose section, and provide PUD deviation thresholds. Growth Management Plan History Off-site preserves Off-site alternatives to the native vegetation retention r to allow for the purchase or donation of land off site in site. The criteria for determining when this alternati identified in CCME Policy 6. 1.1 (10), which states"the "The County shall adopt land deve whereby a property owner may subr the native vegetation preservation monetary payment, land equal to or of a higher pr impacted, or other appr< acquisition program, as monetary paym communities ofl determine when+++++ the following pri a. The amount, b. The presence d.,`The type of land e. The. size of the the preserve can f Right of Way ac including aricilh way acquisition The land develop be r land will e added to the LDC in 2010 .tion of native vegetation on is based on the provisions regulations that allow for a process ion requesting that all or a portion of r requirement to be satisfied by a that contains native vegetative communities scribed in Poy` (4) than the land being Shod of compensation to an acceptable land by the, land development regulations. The native vegetative provide criteria to will be based upon native vegetation on site; the site; :ion of Federal and State agency such as, but not limited to, affordable housing; -d to remain on site is too small to ensure that nal: and for all purposes necessary for roadway construction, ;e facilities, and including utilities within the right of shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site." Generally speaking, preserves which are smaller in size, or those located adjacent to more intense land uses, have a greater potential to become less viable over time due to fragmentation of the habitat and sensitivity of different types of native vegetation to changes in the environment. Depending on the type of development and uses on adjoining properties, plants, such as slash pine, I:\2016 LDC Amendment CycleWmendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx Text underlined is new tent to he added :tee str kethF9 ^mss ^ c -w^ ctov4.,, ri.. p4gd Bold text indicates a defined term often die after a few years. It is in these instances where the off-site purchase or donation of land is recommended in lieu of preservation of native vegetation on site. On-site preserves The allowance for off-site preserves was added to the LDC in 2010 after the EAR -based GMP amendments were adopted to include the option for off-site preserves. However, due to the recession, the off-site preserve portion of the LDC is in its infancy and it has become apparent that certain portions of this LDC section need to be amended for clarity. The purpose of the on-site preserve requirement is to retain, maintain, and protect existing native vegetation on site as provided for in the GMP's Conservation and Coastal Management Element. Accordingly, the purpose of LDC section 3.05.00 Vdgatation Removal, Protection, and Preservation states: "The purpose of this section is the protectio regulating its removal; to assist in the COW air pollution, and noise; and to maintain r within the County; to limit the use of irrill promoting the preservation of existing plant existing viable vegetation in advance of the and to limit the removal of existini�'viable v been prepared for the site." Additionally, at the even small areas, i incentivize the rete) Following the CCPC's will be ab teine from native trigger any ofthe prohibition requirement greater than two section of the LDC- Fourth. facilities, and right-of-way a< The flowchart on the projects based on the of vegetation within the County by of flooding, soil erosion, dust, heat, tperty, aesthetic, and health values tion water in open space areas by Dmmunities; to limit the removal of pproval of land development plans; ,etation when no landscape plan has tlted that the retention of native vegetation, ts. As a result, the CCPC directed staff to spaces in urban areas of the County. �,*ious,revisioni; to LDC section 3.05.07 are proposed. First, ich meet th�,applieability criteria and do not trigger any of the rproposed preserves off site administratively. Second, required to two acres may request a PUD deviation as long as they do not hird, PIMs or other zoning project types with a native vegetation es for a proposed preserve do not qualify for the off-site preserve Options are provided for affordable housing, essential service gpage demonstrates how LDC sections 3.05.07 H.1.f.i-iii apply to requirement. I:\2016 LDC Amendment CycleWmendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx On-site preserve requirement scenarios: On-site preserve requirement 2 acres or less Industrial zoning districts (including PUDs) No preserve requirement All other zoning districts (Including PUDs) 04 acre Preserve requirement • Off-site preserve maybe approved administratively. • Prohibitions section applies. Text underlined is new text to be added Bold text indicates a defined term Greater than 2 acres 1-2 acre Preserve reauirement • Off-site preserve may be approved through PUD deviation process. • Prohibitions section applies. • Portions of preserves remaining on site must be a minimum of 1 acre. Must be Preserved on site Esemntions from size limitations • Affordable housing (some restrictions apply). • ROW acquisitions. • Essential services facilities. • Prohibitions section applies. • Portions of preserves remaining on site must be a minimum of 1 acre. It is important to note that while this section allows for off-site preservation, preserves in the urban area still provide benefits to the community. Beyond native habitat, preserves also provide green space consisting of naturally existing vegetation in urban areas. A Tree Study done by the Nature Conservancy confirms that trees and other vegetation provide many benefits to people including: "aesthetic beauty, enhancement of property values, erosion prevention, stormwater management, and noise reduction."' The Study also reiterates that trees sequester carbon which helps to alleviate the effects of climate change. Trees help to make the air healthier as "Dozens of studies now show that tree leaves filter out particulate matter from the atmosphere, along with many other air pollutants."2 Preserves retained on site can be an amenity for residents. The LDC allows for boardwalks, pathways, benches, educational signs, and viewing platforms; staff encourages these uses so that residents can enjoy preserve areas. In addition, the Tree Study indicates that urban trees have been shown to have economic value, stating, "ln general, the total economic value of a tree is frequently more than 20 times the value specifically for air quality, with stormwater mitigation and aesthetic value for property owners being especially important. ,3 ' McDonald, R., Kroeger, K., Boucher, T., Wang, L., Salem, R. (2016). Planting Healthy Air. Retrieved from https://global.nature.org/content/healthvair?src=r.global.healthyalr. Pg. 2 x [bid, Pg. 2. 3lbid, Pg. 22. 1:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.doex Text underlined is new text to be added Bold text indicates a defined term Changes to LDC sections 3.05.07 H.I.f. i -iii Purpose section The amendment proposes a purpose section to guide the off-site preserve program. This section clarifies the original intent of the program, identifying it is intended to apply to projects with a preserve requirement of one acres or less. There are exceptions for affordable housing, right-of- way acquisitions, and PUD deviation requests. Applicability section The amendment supports retaining existing County approved preserves unless they have dimensional constraints that do not support their viability. The „applicability section reiterates the on-site preserve requirement may be satisfied off site where the preserve requirement is one acre or less and one of three scenarios applies. The three scenarink include: 1. New commercial and/or residential development. Industrial is not included because an exception in LDC section 3.05.07.13.2.11 establishes that industrial zoned parcels which have a native vegetation retention requirement of 2 acres or less are exempt from the preserve requirement. 2. Existing portions of preserves that are l-' ated within a single family platted lot. 3. Existing preserves which do not meet the dimensional; preserve standards established in 2010. Exceptions to the 1 acre or less threshoUinclude • The essential services facilities p'rovisioii has been moved to the list of exceptions to the 1 acre or less threshold, . • The affordable housirigproject provjsion has been modified to be an exception to the one acre threshold"ana is proposed to be b1ore;diiftservafl in how much acreage is allowed off site.. This'ehange is due'to a change tit County policy. Previously, the County policy was for developments to provide a low percentage of affordable housing and the remainder at market rate. There isnti longer a policy�or affordable housing and recent affordable housing projects have provided 100 percent nffordabie housing, leaving no preserve on site. Therefore, s change supports the notion that all types of development should be able to enjoy presee areas: • County,right-of--way (ROW) proj�qts. There axe no changes are suggested to this section. Several provisions, ere removed, including: • The criterioirallowingproperties zoned commercial with an on-site preserve requirement of less than 2 lowing was 'removed. This was transitioned to the PUD deviation request section which allows an applicant to request satisfying the preserve requirement off site when the preserve requirement is 2 acres or less. • The criterion allowing park sites with an on-site preserve requirement of less than one acre in size was removed because the purpose of the section is to support preserves in parks and park -like uses are already allowed in preserves. • The criterion allowing for preserves less than one acre was removed as it has been qualified under the provision allowing a new commercial and/or residential project to take an acre off site. • The criterion allowing existing or proposed preserves with 75 percent or more exotic vegetation coverage was removed because it does not provide a cap on acreage and is in I:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Drait LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx Text underlined is new text to be added Te)d nM kethsr. gh is current text to he deleted Bold text indicates a defined term conflict with the definition of native vegetation. For example, a site with 75 percent coverage of the Downy Rosemyrtle shrub with a canopy of native trees could all be taken off site due to the exotic shrubs, but could also count as part of the native vegetation for the preserve calculation. Further, this section does not promote property owners being good land stewards as they can take the preserve off site if it becomes filled with exotic vegetation due to poor maintenance. The criterion allowing for created preserves which do not meet the success criteria in LDC section 3.05.07 H.l.e.viii or where preserves have not been planted in a manner which mimics a natural plant community was removed because it does not support applicants maintaining or cultivating a viable created preserve. Changes to the Restrictions section include: Identifying the section as prohibitions to make it allowed that are inconsistent with the criteria. Fun flowways should be retained as these are importan functions. PUD deviations section This provision is introduced to allow.for projects with al request deviations at the onset of theh"- r" ect. No deviat< required preserves that are greater than2 acres, or where approved Site Development Plan (SDP)'or Final Subdivi Changes to LDC DSAC and CCL. endowments for described in the f equal the monetary [t11 can be requested or that preserves within that provide multiple requirement up to 2 acres to ;sts shall be allowed for ve was identified on an is, jelated to monetary payments and H.I'f.iv. These recommendations are etary payment -is based on the location of the land to be impacted and must be at of the average cost of land purchased by Conservation Collier in the urban the average cost of all other designations, as applicable. The DSAC-LDR CCLAAC haeme provided the following recommendations regarding changes to 1:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx Text underlined is new tent to be added Text foket.rn nf. 'n GWFFPRt tPA to tip A....iAd Bold text indicates a defined term DSAC Recommendation DSAC recommends minor changes to LDC section 3.05.07 H. Lf.iii.a to identify that the monetary payment amount shall be established in the Collier County Growth Management Department Development Services Fee Schedule. The fee recommended by DSAC is $50,000 per acre and based on the following assumptions: Per Acre Costs Average cost to purchase land for Conservation Collier: $32,800 Land management endowment (see discussion below): $13,200 Initial exotic vegetation removal costs: $4,000 Total $50,000 The land management endowment assumes annual maintenance costs will be reduced after five years due to the consolidation of parcels maintained by Conservation Collier. Therefore, DSAC assumed the annual maintenance costs to be $558 per acre for the first five years, and $141 per acre for each year thereafter. Additionally, assuming 2.25% annual interest and 3.0% inflation, a land management endowment of $13,200 provides sufficient funds for land management for over 50 years. CCLAAC Recommendation CCLAAC recommends codifying a formula to determine the monetary payment amount in LDC section 3.05.07 H.l.fiv.a. The recommended formula requires an appraisal of the post - development value of the acreage required to meet on-site preservation requirement. A one-time fee of $16,000 is also required for initial exotic vegetation removal. This fee was determined to be sufficient to pay for the removal of exotics on up to four acres as the number of acres to be purchased by Conservation Collier with this monetary payment may vary. Initial Exotic Vegetation Removal Fee $16,000 + Land Manazement Endowment Total Monetary Payment Amount Post -development land value x 125% The following examples are of lots with varying native vegetation retention requirements and post - development land values and demonstrate potential outcomes of CCLAAC's recommendation. F.xamnlec: Required preserve area (acres) Appraised Post- Development Land Value Land Management Cash Endowment Initial Exotic Vegetation Removal Fee Total Monetary Payment Amount .455 x $17,000 x 125% _ $9,669 + $16,000 = $25,669 .50 x $300,000 x 125% = $187,500 + $16,000 = $203,500 .91 x $17,000 x 125% = $19,338 + $16,000 = $35,338 1.0 x $300,000 x 125% = $375,000 + $16,000 = $391,000 7 1:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx Text underlined is new text to be added Bold text indicates a defined term This formula would be included in LDC section 3.05.07 H.1.£iv.a and will require an LDC amendment if the calculation was modified in the future. Cash Endowmentfor Land Donation When an applicant chooses to donate land for off-site preservation, rather than to make a monetary payment, LDC section 3.05.07 H. Lf.iii.b-c requires that a land management endowment must be included with the monetary payment in order to maintain the property in perpetuity. Currently, a $4,000 cash endowment is provided along with land donations, regardless of the number of acres donated. This endowment has been insufficient for long-term management of these properties due to a relatively higher maintenance cost. DSAC-LDR Subcor ii -e and CCLAAC have provided the following recommendations regarding changes to DSAC Recommendation DSAC did not make any changes to its previous donations. DSAC determined that the current pt on-site preservation for the following reasons:.; • If the cost of the mitigation, developers will b • Limiting the areas that can 1 increased the value of the lots option will be used • There is already, a Cali:on:the • Developers preservation mitigation p; As a result, DSAC's re c to identify that the it for land donations: imendation regarding endowments for land and recommended fees already incentivize is significantlly higher than the 'cost of off-site ly to use theoff--site mitigation process. to the Conservation Collier acquisition area has ;as, making if less likely that the off-site mitigation site. to be preserved. On-site irements are small (sometimes as small as one-tenth of an acre), but the are,genemlly, 1.5 to 2.5 acres because lots in the estates cannot be split is d6314 > urmendairpn includes minor changes to LDC sections 3.05.07 H. Lf.iii.b- idovement amount shall be established in the Collier County Growth t DeYgpment5ervices Fee Schedule. The fee recommended by DSAC is $17,200 peraere and based assumptions: Per Acre Costs Land management cash endowment (see discussion $13,200 below): Initial exotic vegetation removal costs: $4,000 Total $17,200 As with DSAC's monetary payment donation, the land management endowment assumes annual maintenance costs will be reduced after five years due to the consolidation of parcels maintained by Conservation Collier. Therefore, DSAC assumed the annual maintenance costs to be $558 per acre for the first five years, and $141 per acre for each year thereafter. Additionally, assuming 2.25% annual interest and 3.0% inflation, a land management endowment of $13,200 provides sufficient funds for land management for over 50 years. 1:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Coilier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx Tent underlined is new text to be added Bold text indicates a defined term CCLAAC Recommendation CCLAAC recommends modifying LDC sections 3.05.07 H.1.£iii.b-c to establish a management endowment fee of $50,000 per acre and applied at a ratio of 4:1, consistent with the CCPC's May 25, 2016, direction. This means that for every 1 acre of required native vegetation retention proposed to be provided off site, the per acre cost for land management shall be multiplied by 4. The $50,000 aligns with DSAC's recommended monetary payment amount. In addition, a one- time $16,000 initial exotic vegetation fee shall also be paid by the applicant. Per Acre Costs Applied at Land management endowment (See discussion below): $50,000 4:1 ratio Initial exotic vegetation removal (see discussion below): $16,000 Total $66,000 The following examples of lots with varying native vegetation retention requirements demonstrate potential outcomes of CCLAAC's recommendation. Exam les: Required preserve area (acres) 4:1 Ratio Land Management Endowment Initial Exotic Vegetation Removal Fee Total Land Donation Endowment Amounts .455 x 1.82 x $50,000 + $16,000 = $57,405 .50 x 2.0 x $50,000 + $16,000 = $66,000 .91 x 3.64 x $50,000 + $16,000 = $181,620 1.0 x 4.0 x $50,000 + $16,000 = $216,000 Although the specific formulas used to determine the required monetary payment and land donation endowments recommended by DSAC and CCLAAC differ significantly, both advisory committees recommended that the formulas should be re-evaluated every three years, FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1:\2016 LDC Amendment CycWAmendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added Bold text indicates a defined term 3.05.07 Preservation Standards Preserve standards. 1. Design standards. nfr Site Veget^r^^ .„teRti^^ Purpose and intent. The purpose of this section is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain and protect existing native vegetation on site as provided for in the GMP's Conservation and C) " Existing preserves which do not meet the current minimum dimensional requirements as established in Ord. No 2010-23 for on-site vegetation retention established in this section. Essential sew!Ge fn^iG+"o ,.thee: than ^...L^ fns a SiZe d) Exceptions. Where the on-site preserve requirement is greater than one acre the preserye requirement may be satisfied off site in only the following situations: 1) Essential service facilities other than parks where the on-site preserve requirement is any size. 2) Affordable housing projects. Affordable housing projects may request approval from the Board of County Commissioners prior to SDP or final plat and construction plans 10 1:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Drait LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added Bold text indicates a defined term approval to satisfy the on-site preserve requirement off site at a rate of 50 percent of affordable housing units provided, not to exceed 3 acres. For example, if 50 percent of the units provided are affordable housing, the applicant may request to preserve up to 25 percent of the required preserve off site so long as the total off-site preserve acreage did not exceed three acres. way aGquisitieR area. H. PUD deviations. Requests for for deviations from the on-site native vegetation retention requirement may only be granted where the preserve requirement for the PUD is less than two acres. Additionally, no deviations shall be approved to preserves identified on an approved SDP or final plat and construction plans, except as provided for in LDC sections 3.05.07 H.1.f.i. b) and c) above. The applicant shall provide iustification for the requested 11 I:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added Text sti etI;.n n1. 'n current tpxt to be, do plc Bold text indicates a defined term deviations and explain the unique situation for exceeding the thresholds in LDC section 3.05.07 H.1.f.i above. Deviations shall be processed pursuant to LDC section 10.02.13. Prohibitions. f R^G�tiORS, when Where one or more of the following situations occur it shall be prohibited to satisfy the on-site preserve requirement off site. a) Xeric scrub and hardwood hammocks which are one acre or more in size, mangrove (excluding mangrove fringes less than 40 feet in width on artificially created shorelines), coastal dune and strand environments and listed species habitat or corridors per the, requirements or recommendations of the FFWCC or USFWS, shall not be allowed to have the on-site native vegetation preservation retention requirement provided offsite. b) Preserves shall remain on if located within orGontiguous to natural flowways required to be retained per the requirements of,the SFWMD, required preserves (not meeting the offsite preservation criteria herein), NRPAs, or contiguous to property designated for purchase by Conservation Collier or purchased by Conservation Collier, or contiguous to properties containing listed species nests, buffers, corridors and foraging habitat_per the requirements or recommendations of thi FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified during wetland permitting with applicable State and Federal agencies, regional drainage studies, or surface water management permits. o) Remaining portions of on-site preserves must be a minimum of one acre in size and shall not meet the offsite criteria of sub -section 3.05.07 H.1.f.i.(f) and (g) above, unless preserved with higher quality habitat not qualifying for the off-site native vegetation retention alternative. Off-site Alternatives. Off-site native vegetation retention requirements may be satisfied +41et by monetary payment or by land donation. a) Monetary payment alternative. Applicants shall make monetary payment to Collier County. Such funds 411 shall be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment amount shall be per acre as established by resolution in the Collier County Growth Management Department Development Services Fee Schedule. based ^n the Inn..f'n of the land to be impaGted and be equal tG 125 pement of the 12 I:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new tent to be added TBA ntikethFG @h is GwFFenWeA tG be deleted Bold tent indicates a defined term 195 P 8Rt ^F average ^ot q9.. all .dhow P8 Gig Roti^^o ppliGahle as de iRed by the FLUE, purchased by Collier County, through the GeRseWatiOR This monetary payment shall be made prior to the preconstruction meeting for the SDP or final plat and construction plans. b) Land donation alternative. In lieu of monetary payment, applicants may choose to donate land for conservation purposes to Collier County or to another governm6,6 agency. In the event of donation to C,QlI' County, the applicant may acquire an4t`stibs- uently donate land within the projectbol3ntlaries of. Winchester Head, North Goldalate Estates Unit 53, by another multi - parcel project or any otHer land designated Conservation Collier donation, acceptance e)1 s who choose to donate land quired to demonstrate that the donated contains native i communities equal to or of ity (as described in LDC 3:0.07 A.) than the land wired to b&,3p eserved on site. In no case ;`shall the acreage of land donated be less khan the'- eage of land required to be preserved on site. Land donated to satisfy the off-site vegetation retention requirement 'must be located entirely within Collier County. Donations of land for preservation shall be made to a federal, state or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subject to the policies and procedures of the receiving entity. Lands donated to Collier County must include a cash endowment payment for management of the land. The endowment amount shall be per acre as established by resolution in the Collier County Growth Management Department Development Services Fee Schedule. The ;;rnnynt ^F this n;wmPntshal 3!Ihhhh�±l�!w 13 1:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Iv -.v_. PUD zoning. retention alter identified on a required. pros PUD mastepl master plan to alternative, su the off-site nat included in the Text underlined is new tent to be added Taut strikethro gh is .. o he delated ...a.....�rtc�mvo9rr�✓om Bold text indicates a defined term Applicants shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat and construction plans. Exotics shall be removed in accordance with the time frames provided in LDC section 3.05.07 H.2. State and Federal agency requirements for mitigation, remediation and monitoring for the donated land shall be the responsibility of the applicant. Where the off-site native vegetation native is used for portions of preserves not PUD master plan„ a PUD amendment is not eves or portions of preserves identified on a an shall require an amendment to the PUD use the native vegetation retention bject to 10.02.13 E, unless the option to use ive vegetation retention alternative is 14 I:\2016 LDC Amendment Cycle\Amendments\3.05.07 Preservation Requirements -Conservation Collier\Draft LDCA\3.05.07 Preservation Requirements 12-30-16-2.docx Chapter 1 Scope and Administration PART 1—SCOPE AND APPLICATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.12 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein; 101.4 Referenced codes. The other codes listed in Sections 10 1.4.1 through 10 1.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply togas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or Collier County Administrative Chapter One FBC 6th Edition (2017) appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling -or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the _occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Collier County Administrative Chapter One FBC 611 Edition (2017) Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.: Permits shall t (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound -recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 0) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k) A building or structure having less than 1,000 square feet (93 in') which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 2. Is not located within the 100 -year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part 11 of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: Collier County Administrative Chapter One FBC 6" Edition (2017) 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state- owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single- family residence one or more exemptions from the Florida Building Code relating to: a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 in') or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non -owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12 -month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences. 3. Each code exemption, as defined in sub - subparagraphs la, lb, and lc shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one - or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. Collier County Administrative Chapter One FBC 611 Edition (2017) 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section 101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code. Existin¢ Building. Collier Florida Fire Prevention Code. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention the International Property Maintenance Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment -located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof -mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF BUILDING SAFETY RESERVED SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL Collier County Administrative Chapter One FBC 6`^ Edition (2017) procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For anmlications 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to 104.7 Department records. The building official fees 104.8.1 Legal defense. Any suit or criminal complaint instituted; against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under Collier County Administrative Chapter One EBC 6th Edition (2017) 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies -not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence _of compliance with the provisions of this code, or of that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building -official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION 105 PERMITS 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a Collier County Administrative Chapter One FBC 6th Edition (2017) building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact - resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building _official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this permits shall not be required for the following: Collier County Administrative Chapter One FBC 6th Edition (2017) Electrical: Repairs and maintenance to detached one- and two-family dwellings:' Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing; systems: Apermit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Change out of above ground LP tanks 100 lbs or less for detached one- and two-family dwellings. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing l Opounds (5 kg) or less of refrigerant and actuated by -motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any load management control device. 9. Repair work to air conditioning ducts, ventilation fans, window air conditioning units of detached one- and two-family dwellings. 10. Installation of ductless ventilation and range hoods within detached one- and two-family dwellings. Plumbing: Collier County Administrative Chapter One FBC 6th Edition (2017) The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in -pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. Repair to irrigation systems. 4. Installation and repair of water purification/ water softener equipment and systems. 5. Repair and replacement of pool equipment other than pool heaters accessory to detached one- and two-family dwellings. 6. Repair and replacement of water closet, bidet, urinal, sink, lavatory, faucets, and drinking fountain fixtures only. 7. Repair and replacement of garbage disposal, dishwasher and similar appliances. 8. Repair and replacement of electric water heaters up to 52 -gallon capacity (like for like) to include electric connection within detached one- and two-family dwellings. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2. Minor repairs. Ordinary minor repairs may be made after the approval of the building official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate building department. Accepted methods of electronic submission include, but are not limited to, e-mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the building department's website or through a third - parry submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a nonelectronic format, at the discretion of the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications forpermits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. When authorized through contractual agreement with a school board, in 10 Collier County Administrative Chapter One FBC 61h Edition (2017) acting on applications for permits, the building which the system costs more than $125,000. official shall give first priority to any applications This paragraph does not include any for the construction of, or addition or renovation document for the replacement or repair of an to, any school or educational facility. existing system in which the work does not require altering a structural part of the 105.3.1.1 If a state university, Florida college or building or for work on a residential one, public school district elects to use a local two, three or four -family structure. government's code enforcement offices, fees conditioning work is $47,000 and the office charged by counties and municipalities for An air-conditioning system may be designed enforcement of the Florida Building Code on by an installing air-conditioning contractor buildings, structures, and facilities of state certified under Chapter 489, Florida Statutes, universities, state colleges, and public school to serve any building or addition which is districts shall not be more than the actual labor designed to accommodate fewer than 100 and administrative costs incurred for plans review persons and requires an air-conditioning and inspections to ensure compliance with the system with a value of $125,000 or less; and code. when a 15 -ton -per system or less is designed for a singular space of a building and each 105.3.1.2 No permit may be issued for any 15 -ton system or less has an independent building construction, erection, alteration, duct system. Systems not complying with the modification, repair, or addition unless the above require design documents that are to applicant for such permit provides to the be sealed by a professional engineer. enforcing agency which issues the permit any of addition which includes a medical gas, the following documents which apply to the Example 1: When a space has two 10 -ton construction for which the permit is to be issued systems with each having an independent and which shall be prepared by or under the duct system, the contractor may design these direction of an engineer registered under Chapter two systems since each unit (system) is less 471, Florida Statutes: than 15 tons. 1. Plumbing documents for any new Example 2: Consider a small single -story building or addition which requires a office building which consists of six plumbing system with more than 250 fixture individual offices where each office has a units or which costs more than $125,000. single three -ton package air conditioning heat pump. The six heat pumps are connected to a 2. Fire sprinkler documents for any new single water cooling tower. The cost of the building or addition which includes a fire entire heating, ventilation and air - sprinkler system which contains 50 or more conditioning work is $47,000 and the office sprinkler heads. Personnel as authorized by building accommodates fewer than 100 chapter 633 Florida Statutes, may design a persons. Because the six mechanical units are fire sprinkler system of 49 or fewer heads connected to a common water tower this is and may design the alteration of an existing considered to be an 18 -ton system. fire sprinkler system if the alteration consists of the relocation, addition or deletion of not NOTE: It was further clarified by the more than 49 heads, notwithstanding the size Commission that the limiting criteria of 100 of the existing fire sprinkler system. persons and $125,000 apply to the building occupancy load and the cost for the total air - 3. Heating, ventilation, and air-conditioning conditioning system of the building. documents for any new building or addition which requires more than a 15 -ton -per- 4. Any specialized mechanical, electrical, or system capacity which is designed to plumbing document for any new building or accommodate 100 or more persons or for addition which includes a medical gas, 11 Collier County Administrative Chapter One FBC 6t^ Edition (2017) oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. See Florida NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the Collier County Administrative Chapter One FBC 6th Edition (2017) following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefor unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.3 8, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos -containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner - builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-contahiing materials on a residential building where you 12 occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. the construction activity must commence 105.4.1.1 If work has commenced and the permit is within 6 months of the contracPs execution. revoked, becomes null and void, or expires because The contract is subject to verification by the of lack of progress or abandonment, a new permit Department of Business and Professional covering the proposed construction shall be obtained Regulation. before proceeding with the work. 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a 105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not 13 Collier County Administrative Chapter One F8C 6th Edition (2017) be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5.3 Closing out or resolving open or expired/null and void permits shall be the responsibility of the permit applicant and the property owner.: Failure to close out or resolve open permits may be reported to the proper authority by the building official for appropriate enforcement action. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14 -point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the 14 Collier County Administrative Chapter One FBC 6t" Edition (2017) provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather -resistant job -site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time.and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. A written request shall be submitted to the building official for review. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. A written request and application package for the intended phase approval shall be submitted to the building official for review. 105.14 Permit issued on basis of an affidavit. Permit by affidavits may be considered for impermitted work discovered after ownership of the structure as a way to legalize said impermitted improvements.. Whenever apermit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. hi addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes, Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, 1s Collier County Administrative Chapter One FBC 6" Edition (2017) Residential for new construction shall be provided. Exception: 1. Excluding roof covering replacement or repair work associated with the prevention of degradation: of Single family residential structures. 2. Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low -voltage alarm system installation permitting. Collier County Administrative Chapter One FBC 61h Edition (2017) (1) As used in this section, the term: (a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489, Florida Statutes. (b) "Low -voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in Section 489.505, Florida Statutes, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, and ancillary components or equipment attached to such a system, including, but not limited to, home -automation equipment, thermostats, and video cameras. (c) "Wireless alarm system" means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of this Code, this section applies to all low -voltage alarm 16 system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (4) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost as indicated in Section 553.793, Florida Statutes. The local enforcement agency may not require the payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (5) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low -voltage alarm system project site before commencing work on the project. (6) A contractor is not required to notify the local enforcement agency before commencing work on a low -voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low -Voltage Alarm System Project as provided under subsection (7) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low - Voltage Alarm System Project. (7) The Uniform Notice of a Low -Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low -Voltage Alarm System Project shall be in the format prescribed by the local enforcement agency and must comply with the requirements of Section 553.793(7), Florida Statutes. (8) A local enforcement agency may coordinate directly with the owner or customer to inspect a low -voltage alarm system project may be inspected by the local enforcement agency to ensure compliance with applicable codes and standards. If a low -voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (9) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low - voltage alarm system project that is inconsistent with this section. (10) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 17 Collier County Administrative Chapter One FBC 6`h Edition (2017) 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106. 1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes & 61Gt5 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection systeni(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I- 1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished 18 Collier County Administrative Chapter One FBC 6th Edition (2017) grades and, as applicable, flood hazard areas, be sufficient for local permit application floodways, and design flood elevations; and it documents of record for the modular building shall be drawn in accordance with an accurate portion of the permitted project. boundary line survey. In the case of demolition, approved, in writing or by stamp, as the site plan shall show construction to be 2. Industrial construction on sites where demolished and the location and size of existing design, construction and fire safety are structures and construction that are to remain on supervised by appropriately licensed design the site or plot. The building official is authorized and inspection professionals and which to waive or modify the requirement for a site plan contain adequate in-house fire departments when the application for permit is for alteration or and rescue squads is exempt, subject to repair or when otherwise warranted. approval by the building official, from review of plans and inspections, providing the 107.2.5.1 Design flood elevations. Where appropriate licensed design and inspection design flood elevations are not specified, they professionals certify that applicable codes shall be established in accordance with Section and standards have been met and supply 1612.3.1. appropriate approved drawings to local building and fire -safety inspectors. 107.2.5.2 For the purpose of inspection and Approval of construction record retention, site plans for a building may docum107.3.1 When the building official issues a be maintained in the form of an electronic peermit,, the construction document shall be permit, copy at the worksite. These plans must be open approved, in writing or by stamp, as to inspection by the building official or a duly "Reviewed for Code Compliance." One set of authorized representative, as required by the construction documents so reviewed shall be Florida Building Code. retained by the building official. The other set 107.2.6 Structural information. The shall be returned to the applicant, shall be kept construction documents shall provide the at the site of work and shall be open to information specified in Section 1603. inspection by the building official or a duly 41.009, Florida Administrative Code, shall authorized representative. 107.3 Examination of documents. The building 107.3.2 Previous approvals. This code shall official shall examine or cause to be examined the not require changes in the construction accompanying submittal documents and shall documents, construction or designated ascertain by such examinations whether the occupancy of a structure for which a lawful construction indicated and described is in permit has been heretofore issued or otherwise accordance with the requirements of this code and lawfully authorized, and the construction of other pertinent laws or ordinances. which has been pursued in good faith within and construction at the site are subject to 180 days after the effective date of this code Exceptions: and has not been abandoned. 1. Building plans approved pursuant to 107.3.3 Phased approval. The building Section 553.77(5), Florida Statutes, and official is authorized to issue a permit for the state -approved manufactured buildings are construction of foundations or any other part of exempt from local codes enforcing agency a building or structure before the construction plan reviews except for provisions of the documents for the whole building or structure code relating to erection, assembly or have been submitted, provided that adequate construction at the site. Erection, assembly information and detailed statements have been and construction at the site are subject to filed complying with pertinent requirements of local permitting and inspections. Photocopies this code. The holder of such permit for the of plans approved according to FAC 61- foundation or other parts of a building or 41.009, Florida Administrative Code, shall structure shall proceed at the holder's own risk 19 Collier County Administrative Chapter One FBC 6th Edition (2017) with the building operation and without assurance that a permit for the entire structure will be granted. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind -resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two- family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building Collier County Administrative Chapter One FBC 61h Edition (2017) 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius 20 Fire hydrant/water supply/post indicator Emergency lighting and exit signs valve (PIV) Specific occupancy requirements Set back/separation (assumed property lines) Construction requirements Location of specific tanks, water lines and Horizontal exits/exit passageways sewer lines Aluminum Flood hazard areas, flood zones, and design 8. Structural requirements shall include: flood elevations Soil conditions/analysis Termite protection 2. Occupancy group and special occupancy Design loads requirements shall be determined. Wind requirements Occupant load and egress capacities Building envelope 3. Minimum type of construction shall be Impact resistant coverings or systems determined (see Table 503). Structural calculations (if required) Stair pressurization Foundation 4. Fire-resistant construction requirements Flood requirements in accordance with shall include the following components: Section 1612, including lowest floor Fire-resistant separations elevations, enclosures, flood damage - Fire -resistant protection for type of resistant materials construction Wall systems Protection of openings and penetrations of Floor systems rated walls Roof systems Fire blocking and draftstopping and Threshold inspection plan calculated fire resistance Stair systems 5. Fire suppression systems shall include: 9. Materials shall be reviewed and shall at a Early warning smoke evacuation systems minimum include the following: Schematic fire sprinklers Wood Standpipes Steel Pre-engineered systems Aluminum Riser diagram Concrete Same as above. Plastic Glass 6. Life safety systems shall be determined Masonry and shall include the following requirements: Gypsum board and plaster Occupant load and egress capacities Insulating (mechanical) Early warning Roofing Smoke control Insulation Stair pressurization Systems schematic 10. Accessibility requirements shall include the following: 7. Occupancy load/egress requirements shall Site requirements include: Accessible route Occupancy load Vertical accessibility Gross Toilet and bathing facilities Net Drinking fountains Means of egress Equipment Exit access Special occupancy requirements Exit Fair housing requirements Exit discharge Stairs construction/geometry and protection Doors 21 Collier County Administrative Chapter One FBC 6th Edition (2017) 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools: Barrier requirements Spas Wading pools 14. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease haps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation Mechanical 1. Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof -mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. Smoke detector locations 5. Egress 22 Collier County Administrative Chapter One FBC 61h Edition (2017) Egress window size and location stairs construction requirements 6. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connector tables wind requirements structural calculations (if required) Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage - resistant materials 7. Accessibility requirements: show/identify accessible bath 8. Impact resistant coverings or systems Exemptions. Plans examination by the building official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc. 2. Reroofs 3. Minor electrical, plumbing and mechanical repairs 4. Aminal maintenance permits 5. Prototype plans Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver. 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida 23 Collier County Administrative Chapter One FBC 6th Edition (2017) Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the building official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. Apermit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or without prior approval from the building official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the building official that shall be in addition to the required permit fees or 24 Collier County Administrative Chapter One FBC 6th Edition (2017) 109.5 Related fees. The navment of the fee for the 109.6 Refunds. The buildingofficial is authorized to establish'a refund policy. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. The butldirig officials]tall be pei3i5ited tQ requitea boundary lme survey prepared by a qualified surveyor whenever the bo., idary Imes caunoG be readily'deteritined.ni ttie;field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, or any other such inspection as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Site Preparation Erosion control inspection. To be made prior to any site clearing, grading or excavation to ensure all sediment and erosion control best management practices are provided and adequate for intended permitted improvements. Building 1. Foundation inspection. To be made after trenches are excavated, any required 25 Collier County Administrative Chapter One FBC 6" Edition (2017) reinforcing steel is in place, forms erected and shall at a minimum include the following building components: Stem -wall Monolithic slab -on -grade Piling/pile caps Footers/grade beams 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, an under construction elevation certification or equivalent method shall be submitted to the Authority having Jurisdiction for design elevation verification. 2. Framing inspection. To be made after the roof, all framing, fire blocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved and shall at a minimum include the following building components: Window/door framing -Window U-factor/SHGC as indicated on approved calculations Vertical cells/columns Lintel/tic beams Framing/trusses/bracing/coimectors (including truss layout and engineered drawings) Draft stopping/fire blocking Curtain wall framing Energy insulation (Insulation R -factor as indicated on approvedcalculations) Accessibility. • Verify rough opening dimensions are within tolerances. Window/door buck attachment 3. Sheathing inspection. To be made either as part of a dry -in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: Collier County Administrative Chapter One FBC 6th Edition (2017) Roof sheathing Wall sheathing -Continuous air barrier -Exterior Siding/Cladding Sheathing fasteners Roof/wall dry -in. NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly Er reinstalled: prior to installation of the dry -in material'. 4. Roofing inspection. Shall at a minimum be made in at least two inspections and include the following building components: Dry -in Insulation Roof coverings (including in Progress as necessary) -Insulation on roof deck (according to submitted energy calculation) Flashing 5. Final inspection. To be made after the building is completed and ready for occupancy. 5.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor elevation shall be submitted to the authority having jurisdiction. 6. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. 7. deck drains, and any reinforcement in place Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code and per F.S. 515.27 7. Demolition inspections. First inspection to be made after all utility connections have been disconnected and secured in such maturer that no unsafe or unsanitary conditions shall exist during or after demolition operations. Final inspection to be made after all demolition work is completed. 8. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 453.27.20 of this code). 9. Where impact resistant coverings or impact resistant systems are installed, the building official shall schedule adequate inspections of impact resistant coverings or impact resistant systems to determine the following: The system indicated on the plans was installed. 27 Collier County Administrative Chapter One FBC 6`h Edition (2017) The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Mechanical 4. Existing Swimming Pools. To be made after all repairs or alterations are complete, Gas all required electrical equipment GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Collier County Administrative Chapter One EBC 61" Edition (2017) 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. i 110.3.1 Footing and foundation in and under -floor 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance -rated assembly or a shear assembly. 110.3.6 Fire- and smoke -resistant penetrations. Protection of joints and penetrations in fire - resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U -values, fenestration U -value and Solar Heat Gain Coefficient, duct system R -value, and HVAC, lighting, electrical and water -heating equipment efficiency. 110.3.5 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 110.3.9 Special inspections. Reserved. 29 Collier County Administrative Chapter One FBC 6th Edition (2017) subject to discipline, fees and enforcement appropriate as directed by the jurisdiction. 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.3.10.1 Flood hazard documentation.If located in a flood hazard area, shall be submitted to the building official prior to the issuance of certificate for completion or occupancy. 110.3.10.2 Energy Code documentation., If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.11 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 110.3.12 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the building official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies,` provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the 30 Collier County Administrative Chapter One FBC 6th Edition (2017) minimum size, height, occupancy, occupancy classification, or number -of -stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load- bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. minimum building codes and the applicable fire - safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.8.4.4 All plans for the building which are Exception: Certificates of occupancy are not required to be signed and sealed by the architect or required for work exempt from permits under engineer of record contain a statement that, to the Section 105.2. best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable 111.2 c issued. After the building official isCertificate the building inspects the building or structure and finds no 31 Collier County Administrative Chapter One FBC 6`h Edition (2017) violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as - built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10. The type of construction as defined in Chapter 6. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 32 Collier County Administrative Chapter One FBC 6th Edition (2017) SECTION 113 BOARD OF BUILDING ADJUSTMENTS AND APPEALS 113.3 Qualifications. The board shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. SECTION 114 VIOLATIONS SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or 33 Collier County Administrative Chapter One FBC 6`h Edition (2017) 116.2 Record. The building official shall cause a report to be filed on an unsafe condition: The report shall state the occupancy of the structure and the nature of the unsafe condition. 116.5 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.212 and the Florida Building Code, Existing Building. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the building official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. 34 Collier County Administrative Chapter One FBC 61h Edition (2017) ORDINANCE NO. 2018 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE, SIXTH EDITION (2017), Fifth EDITIO (2", AND PURSUANT TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF THE FLORIDA BUILDING CODE, SIXTH EDITION (2017) RELATING TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR HER OWN PROPERTY; INCORPORATING CURRENT UPDATED LOCAL WIND ZONE MAPS; PROVIDING FOR REPEAL OF ORDINANCE NO. 2015-36 IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida Statutes provides that counties, as political subdivisions of the State, have the governmental and proprietary powers to enable them to conduct government, perform services, and may exercise any such powers for public purposes, except when expressly prohibited by law; and WHEREAS, pursuant thereto, on June 23, 2015, the Board of County Commissioners adopted Ordinance No. 2015-36, which adopted by reference the Florida Building Code Fifth Edition (2014), to be enforced by Collier County in the unincorporated portions of the County as well as local amendments to the administrative procedures of the Florida Building Code as authorized by Section 553.73(4)(a), Florida Statutes; and WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the Florida Building Code adopted by a local government pursuant to this paragraph shall be effective only until adoption by the Florida Building Commission of a new edition of the Florida Building Code every third year; and WHEREAS, since adoption of Ordinance No. 2015-36 the Florida Building Commission has adopted Florida Building Code, Sixth Edition (2014); and Page 1 of 4 WHEREAS; on April 23, 2009, the Collier County Review and Permitting Department petitioned the State of Florida Building Commission inquiring whether replacement of a gas or electric water heater requires a building permit under the requirements of the Florida Building Norl mil WHEREAS, the State of Florida Building Commission issued a Declaratory Statement dated September 9, 2009, stating in part, "Therefore, based on the foregoing, and in the absence of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes (2007), the Code requires a permit for the replacement of a gas or electric water heater"; and WHEREAS', the Board of County Commissioners desires to repeal Ordinance No. 2015- 36 in its entirety and formally adopt, by reference, the Florida Building Code, Sixth Edition (2017); M WHEREAS, pursuant to Section 553.80(3), Florida Statutes, the Board of County Commissioners desires to add certain exemptions to Section 105.2 of the Florida Building Code, Sixth Edition (2017) (Work Exempt from Permit) relating to addition, alteration, or repairs performed by a property owner on his or her own property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AND ADDITIONS TO THE FLORIDA BUILDING CODE. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, Sixth Edition (2017), and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The Chapter 1 appended hereto, are hereby adopted. SECTION TWO: INCORPORATION,. OF UPDATED WIND ZONE MAPS. The Wind Zone Maps appended hereto, consisting of Category 1, Category 2, and Category 3 and 4, are hereby adopted.. SECTION THREE: REPEAL Page 2 of 4 Ordinance No. 2015-36 is hereby repealed in its entirety. 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 the 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 CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances 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: PENALTIES FOR VIOLATION. If any person, firm, corporation, or other legal entity whether public or private, shall fail or refuse to obey or comply with, or violates, any of the provisions of the Ordinance, such person, firm, corporation, or other legal entity whether public or private, upon conviction of such offence, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the court. Each day of continued violation or noncompliance shall be considered as a separate offense. In addition, any person, firm, corporation, or other legal entity whether public or private, convicted under the provisions of this section shall pay all costs and expenses involved in the case. In addition, the provisions of this Ordinance may be enforced by any means appropriate under Section 125.69, Page 3 of 4 Florida Statutes, or Chapter 162, Florida Statutes, or as set forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County Land Development Code. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ATTEST: DWIGHT E. BROCK, CLERK I� , Deputy Clerk Approved as to form and legality Scott A. Stone Assistant County Attorney 2018 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN PENNY TAYLOR, CHAIRMAN Page 4 of 4