Ordinance 2004-55
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I [-1U8 .-\ \ ORDINANCE NO. 04- ss
" Drlt1\,tnAN RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
'ì I\LW 1 We&: OLLlER COUNTY, FLORIDA, REPEALING, ADDING, AND
~ NDING PROVISIONS OF THE COLLIER COUNTY CODE OF
ð~~~t"tøt6~ WS & ORDINANCES (CODE OF LAWS), ADOPTED BY THE "
ORDINANCES CITED BELOW BY REPEALING SECTIONS 106-71
THROUGH 82, PERTAINING TO ADEQUATE PUBLIC FACILITIES;
RELOCATING THE FOLLOWING PROVISIONS FROM THE LAND '
DEVELOPMENT CODE (LDC) INTO THE CODE OF LAWS: LDC
SEC. 1.5.5 PERTAINING TO CONSTRUCTION NOISE DERIVED
FROM ORDINANCE NUMBER (ORD. NO.) 92-73 TO SEC. 54-92, LDC
SEC. 1.5.7 PERTAINING TO REGULATION OF THE COLLIER
WATER-SEWER DISTRICT DERIVED FROM ORD. NO. 92-73 TO' "
SEC. 134-186, LDC SEC. 2.6.31 PERTAINING TO DONATIONS OF
PROPERTY TO THE COUNTY DERIVED FROM ORD. NO. 91-102 TO ;
SEC. 2-27, LDC DIV. 3.4 PERTAINING TO REGULATION OF
EXPLOSIONS DERIVED FROM ORD. NO. 91-102 TO SECS. 55-1 TO
55-18, LDC DIV. 3.5, EXCEPT SEC. 3.5.11. (LITTORAL PLANTINGS),
PERTAINING TO REGULATION OF EXCAVATIONS DERIVED FROM
ORD. NO. 93-37, AS AMENDED, TO SECS. 22-106 TO 22-119, LDC ,
DIV. 3.6 PERTAINING TO WELL CONSTRUCTION DERIVED FROM
ORD. NO. 91-102 TO SECS. 90-1 TO 90-8; AMENDING CHAPTER
114, ARTICLE III DERIVED FROM ORD. NO. 93-19, AS AMENDED, ;
PERTAINING TO THE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM, LDC DIV. 3.17, PERTAINING TO POST-DISASTER
RECOVERY AND RECONSTRUCTION MANAGEMENT DERIVED
FROM ORD. NO. 98-62 TO SECS. 38-1 TO 38-12, LDC SEC. 5.7.2.1
PERTAINING TO AUTHORITY OF THE COUNTY MANAGER WITH '
RESPECT TO REPORTS & RECOMMENDATIONS TO THE BOARD
OF COUNTY COMMISSIONERS AND PLANNING COMMISSION
DERIVED FROM ORD. NO. 91-102 TO SEC. 2-78; 'P~OVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND -
PROVIDING FOR AN EFFECTIVE DATE. ' ,
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WHEREAS, on June 22, 2004, the Collier County Board of pÓùnt¥,:-
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Commissioners (Board) adopted Ordinance No. 04-41 effecffi,~ 0-&
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September 27, 2004, recodifying the Collier County Land Development
Code (LDC), and
WHEREAS, certain provisions identified in Appendix H of Exhibit ~
of that Ordinance were not carried over into the recodified LDC, the intent
presented to the Board was that those provisions would be more properly
located in the Code of Laws and Ordinances (Code of Laws) because they,
. were not land development regulations as defined in See, 163.3164 (23),
Fla, Stat. (2003); and
WHEREAS, certain provisions of the Code of Laws otherwise now
require amendment in order to be consistent with current practices
Page 1 of 123
Wcrds struck through are deleted, words underlined are added
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(Chapter 114) or should be deleted because they duplicate regulations
found in the LDC (Chapter 106).
SECTION ONE: REPEAL OF CODE OF LAWS AND ORDINANCE
PROVISIONS
Sections 106-71 through 106-82, of Ordinance No. 93-82, as amended, of the
Collier County Code of Laws and Ordinances, is hereby repealed by deleting the
following provisions:
Soc. 106 71. Short title.
This 3rticle shall be known and may be cited as the "Collier County Adequate
Public F30ilities Ordin~mce."
(Ord. No. 93 82, § 2.1)
Sec. 106 72. Definitions.
The follO\...ing '."Jords, terms and phrases, when used in this article, sh311 h3ye
the me3nings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Annual Update and !n'/entory Ropor( or AU!R means the county report on
public facilities described in section 106 81 (b).
Application for development appro'./-a! means an application submitted to the
GeHnty requesting the approval of a development order.
Capita! drainago facilities means the planning of, engineering for, acquisition
of land for, or the construction of drainage and water management facilities
necessary for proposed development to meet the LOS for drainage facilities.
C3pit3! p3rk f3cHWes means the planning of, engineering for, acquisition of
land for, or construction of buildings and park equipment necessary to meet the LOS
for park f3cilities.
C3pital ro3d facilities or capital road improvemont includes transportation
planning for, right of way acquisition for, engineering for, and construction of any
project eligible for inclusion as a road project in the road component of the CIE of the
county grmvth m3n3gement plan or the five year state department of transportation
~
Capital potable I/lBter facilities means the planning of, engineering for,
acquisition of land for, or construction of potable w3ter f3cilities necessary to meet
the LOS for potable '/Jater facilities.
Capft3! sanitary sewer faciUtfes means the planning of, engineering for,
acquisition of land for, or construction of sanitary sewer f3cilities necessary to meet
the 'LOS for sanitary sewer facilities.
Capita! saUd waste facUities means the planning of, engineering for,
acquisition of land for, or construction of solid 'Naste f3cilities necess3ry to meet the
LOS for solid 'Naste f3cilities.
Comprehonsi'./e plan means a plan that meets the requirements of F.S. §§
163.3177 and 163.3178, 3nd shall mean the county grO\\'th management plan, where
referenced in this 3rticle.
Page 2 of 123
Words struck through are deleted, words underlined are added
Community dovoJopment and onyironmenta! se/vices division :Jdministrator
means the community development 3nd environment services division adminißtrator
or his designee.
Dofioient road segment means the following:
(1) 1\ county or ßtate road segment on the major road net\\'ork system that
either:
3. Has an adopted LOS "C" peak season, peak hour, that has
oper3ted belo\\' LOS "C" peak season, peak hour, based on the
annual update and inventory report ("AUIR");
b, Has an 3dopted LOS "0" peak season, pe3k hour, that has
oper3ted belm\' LOS "0" peak season, pe3k hour, f-or Ì\vo years
or more based on the I\UIR;
c. Has an adopted LOS "0" peak season, peak hour, that is
operating below LOS "E" peak se3son, peak hour, based on tl:1e
^UIR; or
d. Has an adopted LOS "E" peak season, peak hour, that is
operating worse than LOS "E" peak se3son, peak hour, based
on the l\UIR.
(2) In determining the capacity of a county road segment or 3 state road
segment for the purpose of determining '.'hether it is a deficient road'
segment, the county shall consider:
a. Any capital road improvement currently in place;
b. Any capital road improvement that is under construction;
c. /\ny capital road improvement guaranteed in an enforceable
development agreement that includes the provisions in
subsections 3. and b. of this subseotion;
d. The actu31 construction of the required c3pital road improvement
is included and is scheduled to commence in or before the third
year of the state's five year work program and the county's
current five year capital improvement schedule adopted as part
of the gro'Nth management plan; and
e. The board of county commissioners has made an express
finding, after a public hearing, that the current five year capital
fmpfovement schedule is based on a realistic, financi311y fe3sible
program of funding from existing revenue sources.
De'/eloper means any person, including a governmental agency, undertaking
any development as defined in this article.
Development has the meaning given it in F.S, § 380.04.
Dovolopmont :Jgroomont h3s the meaning contemplated in F.S. § 163.3220 et
~
Qevolopment order rneaRS-a-Rjl--9rder, permit, determination, or action
granting, denying, or granting with conditions an application for any final local
development order, building permit, temporary use permit, temporary construction
and development permit, sign permit, 'Nell permit, spot survey, electrical permit,
plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank
Page 3 of 123
Words struck through are deleted, words underlined are added
permit, right of way permit, blasting permit, excav3tion permit, construction approval
for infrastructure (including '/later, sewer, grading, paving), approved development of
regional impact (DR I), zoning ordinance amendment, oomprehensive pkm
amendment, flood variance, coast31 construction oontrolline varianoe, tree removal
permits, site development plan approval, subdivision approval (including plats, pl3ns,
variances, and 3mendments), rezoning, PUD amendment, certification, conditional
use (provisional use), variance, or any other offioial action of the county h3ving the
effeot of permitting development as defined in this artiole.
Final dev-eJopmont order means a tinallooal development order or a final DRI
development order.
Final DRI development orc/6r means a de'.'elopment order, 3S amended from
timé to time, adopted by the board of county commissioners and approved by the
state pursu3nt to F.S. § 380.06, notice of which is recorded pursuant to F.S. §
380.06(15)(f).
Final local doveJopment order means any valid, unexpired building permit or
mobile home tie down permit issued by the county.
Growth management plan or GMP means the most recently adopted and
effe'ctive comprehensive plan of the county, 3S amended from time to time.
Land development regukltions mean ordinances enacted by the county
pursuant to F.S. § 163.3161 et seq. for the regulation of development, and includes
any zoning, subdivision, impact fee, building construction, or sign regulations, or any
other regulations controlling the development of land.
Level of service (LOS) means an indicator of the extent or degree of service
provided by, or proposed to be provided by a public facility based on ~md related to
the operational characteristics of the public facility, as adopted in the county growth
m3nagement pl3n. LOS shall indicate the cap3city per unit of dem3nd for each public
facility.
Level of servico calculations for roads means c31culations that are performed
annu311y following the end of the calendar year by comparing average annual daily"
traffic counts to the annual average daily traffic service volume look up tables in the
traffic circul3tion element. These t3bles are calculated to express the annual 3verage
daily traffic volumes based upon the 1 Oath highest volume hour of the year, or peak
season, peak hour. AnnU31 average daily traffic (/\ADT) is generally calculated as the
average of a daily 21 hour t'NO way volume, counted in each of the four seasons of
the year. On some 10':.' volume roads, a single annual count may be taken and
factored to the annual average daily traffic volume using a monthly or quarterly
factor.
LOS for capital drainago facilities varies among:
(1) New or existing capital drainage facilities mvned or operated by a loc31
government or other public entity;
(2) Existing capital drainage facilities owned or operated by private
persons; and
(3) New capital drain3ge f-acilities o'Nned or operated by private persons.
For those capital drainage facilities (publicly or privately owned) that are in existence
on the effective date of the ordinance from which this article was derived and for
those new capital drainage facilities owned or operated by a local government or
ether public entity, the LOS is the existing LOS as identified (by design storffi-f~
frequency event) in the county 'Nater management master plan, For new capital
drainage facilities owned or oper3ted by private persons, the LOS is identified in the
drainage subelement and capit31 improvement element policy 1.1.5.A3 (present ;
Page 4 of 123
Words struck through are deleted, words underlined are added
requirements are a 25 year, three day storm event) and is based on those ßtandards
and requirements for rene':Jal and apprm.~al of drainage and stormwater management
plans established in ohapter 90, article II of this Code, the oounty water managemént
policy ordinance, as amended, and Ordinance No. 90 10 'Nhich are inoorporated
herein by referenoe.
LOS far oapital pårk faoilitias means 2.9412 acreß per 1,000 personß for
regional park land; 1.2882 acres per 1,000 persons for oommunity park land; and
$179.00 of oapital investment per capita (at Ðurrent oast) for reoreational faoilities.
LO$ for oapital patable water fao!/itios '/aries between publio y:ater sYßtems and
private water ßystems. For public water systemß, the LOS is 135 g3110ns per capita
per d3Y (gpod), plus 21 peroent for nonresidential devolopment (except in the Marco
\^later and Sewer District), making the LOS 163 gpod. The LOS in the Marco \^.~ter
and Sewer Dißtrict is 200 gpcd ('Nith no 21 percent adjustment). For private potable
~.vater sYßtems, the LOS is 3ß follo'..:s, exoept that approved private wells are exempt
from these LOS requirements:
Type of Eßtablishment Gallons Per Day
:ur--,\
-/
f-11 A' . ;
a:- D....... -§
. ~,
~ ^,., ,., ......... . -20
t2- - . __...J L__. .~.. L I...,.... . -, 400
...,
t3 ... II " . . .......1. ...,.... 1...........\ 400
'M
.4 r",.. ,_~_ _I..L ,
, a:- Per resident member 400
~ 0,.... . . -2á
,...~. ,~ ;
G:- o"'.. -20
fát Dentist off.iceß
a:- Per wet chair ~
~ Per non '.vet chair -5Q
fê} n. .- ,--- .. éW
,
fA F3ctories, exclusive of indußtrial ....'asteß (gallons per
___ _L:A\
a:- 11.1.... ..J -20 ;
.... ..... ....... ...."'...
~ . . . -ðã
f8t r-__...J
~ .. . I______n -5Q
a:- J ...... ,....."'. ...."'...
~ ')JI h........ ..,.....~..... ,.........~ I"',.... ...........~\ -+ã
\.....'" ...."'...·1
G:- Single service articleß only (per -2á .'
. ,
.....~ .......... '/
G:- c.............,., . . . 1__- .\ -W
-.... .... ,... ...........,~'"
8-: n,' ._ .........~..... ,.........~ 1__- ___ , -5Q
.. \....."'.
f:. r"........., .... .~ .......1"
y
.:h Per 100 squ3re -5Q
~,..,..~ ,..~ ~I,..,....
~ ^...... ...,.... -;- -20
fr. I...,.... _,......1\ -§
f9t Hotels 3nd motels
a:- [:),.._ .1...... 1..._.. 4W
~ Resort hotels, campß, cottages (per -+ã
.\
G:- Add for establishments with self 400
I,............. ' .. . I......... ,
,n'''''1
fW} ~u· ,--- ...,.... 0 h,.. ,.. .........u\ -20
.....'" ...... ..........., ........./ ,
{44-} Ir' . 1..._- . __...J ..._.. " éW
. f<T
n...........
~ Shopping centers without food or laundry (per square foot -44
r " ,
~ ..... . ,-- ---- h...1I _-..11- 1_-- ___~\ -§
,~- , ........ ........, n......
(-14t 1__.. __. ,......_.~..:..._~ r " . \ -Q..A.
\ .....""
Page 5 of 123
Words struck through are deleted, words underlined are added
(-W Theatres ,
a:- . . . .__ J___ ___I:, --á
, ,
th ""; ..... J~~P .\ -4Q
,
{46t ~ . ___I. J___ . .. -, ~ ¡
f-:1-7t ~~pll
a:- Travel trailer (overnight), 'I.'ithout INater -7á
~_.... . J_~_'" .\
th Travel trailer (overnight), with \vater 400
~_.... ....._~II ,.~_ J___ .. , "
~ ~~..... .. . ~. ......1:_ J_~P --- -4Q
, \,..."-# ·V
~ f"h. .'- I"""p ...,,"'+\ -ð
~ ,~,~.
~ . . . J~~P .....~.....\ ~
f2-B "I. 'P_:~_ P~_+ I~~p .....~.....\ 400
,
mt ~..hl:_
,
a:- \ ^ I:+h ~~I" I~~p -ð
"'''y,,...''-#'
th VVith bathhouse, ßhowers and toilets -4Q ,
J___ ,
~ Public institutions other th3n schools and hospitals (per 400
,\ ¡
,....... ~~
{24t ,.. I""".. ...+, . ..
,,..."-#
a:- n_. ~..__ -+ð
........1'
th /\dd for shO\\'ers -ð
ET. Add for cafeteria -ð
€h ^.......... ç~p .....~" I -+ð
.'
, ,...... '" ""... y ....... "". ...... .......
.... .. +,,-~ --7á
~ ,y,.......
~ . - -' '~~p -W
....... '''''''', ........." ,....... ,.... ."-#,.. ,,....... n·
{Wt Residences
a:- Single or multiple f.3mily (per dwelling
HM}
~ One bedroom and ~
600 square feet or
less heated or .'
cooled area
~ Two bedrooms ðOO ;
and 601 to 1,000
square feet
heated or cooled
aæa
ð-: Three bedrooms 4W "
and 1,001 to
2,000 square feet
heated or cooled
aæa
4:- Four or more êOO
bedrooms 3nd
more than 2,000
square feet "
he3ted or cooled
aæa
th ~.. I...".. ",..,.., .- --7á
....,.. "-# ,,...'
LOS for c3pital road facilftfes on the major road nehvork system varies depending ön
the--ty.øe-ef-r-ead, and is based oA-a--defined peak seasen, pe3k hour. The LOS on the
fOllo'Ning county roads is LOS "E" peak season, peak hour:
I Read
I Segment
Page 6 of 123
Words 6truck through are deleted, words underlined are added
Airport R03d Pine Ridge R03d
to Golden Gate
Golden Gate l\irport Road to
Parkway S::mt3 Barbara
Boulevard
Goodlette Frank Pine Ridge Road
Reaå to Golden Gate
.... -.
Goodlette Frank Golden Gate
Reaå Parkway to U.S.
44-
Pine Ridge R03d Airport Road to I
+5
V3nderbilt Beach US 4 1 to
Reaå Gulfshore Drive
. On all other county roads on the major road network system, the LOS is "0"
peak season, peak hour; however, such a county road segment may operate at LOS
"E" peak se3son, peak hour, for a period not to exceed two fiscal years so as to ;
provide the county time to make the Capital Road Improvements needed to restore
the road to LOS "0" peak season, peak hour, or better.
The LOS on state 3nd federal roads shall be as follows based on pe3k season, peak
00uF.
Reaå Rurall\rea Existing Urbanized Tr3nsitioning
Afea Urbanized /\rea
J-+5 G Q Q
US 41 G Q G
SR 84 G Q G
SR 951 - Q G
SR 29 Q "
- -
SR 82 Q - -
LOS for capital sanitary SO vier facilitios varies between public sanitary sewer
systems 3nd private sanitary se'Ner systems. The LOS for public sanitary seINer
systems is 100 gallons per c3pita per day (gpcd), plus 21 percent for nonresidential
development, making the LOS 121 gpcd.
The LOS for private sanitary sewer systems is as required by the state in chapter 1 0
o 6, F.AC. These standards vary according to the type of land use. They are 3S
feHews, except that approved private septic systems 3re exempt from these LOS
requirements:
Type of Establishment
Gallons Per D3Y
a-
9-:
~
-W
400
400
400
~
-W
a-
9-:
G:-
Dentist offices
a-
Per wet chair
wo
Page 7 of 123
Words struck through are deleted, words underlined are added
lh Per non wet chair -ãQ .'
fêt , -. 1__- ~I .,
2ãQ
f7j Factories, exclusive of industrial wastes (gallons per ,
___ _.....:A\
a:- 11.1,.. ~
..- - ,., -.
lh ...... . . , -ðð
f8t 1'"'--.....
a:- 1__- ___..\ -áQ
lh ~A ....._ ,.. ___.._, ,___.. 1___ ___..\ -7ã
G-:- Single service articles only (per 4§
;
d-: 0____..... , ., 1- ,___ 1___ -ðQ
--. -,-
e-:- n..i..- :- 1__- ___ -ãQ
-
~ _.... --I.
~ Per 100 square -ãQ
~__.. _~ &1_-- ,
--
¿.,. ^.......... --- ~
f9t Hotels and motels
a:- .... 1__- ___~\ -1-00
.
lh Resort hotels, C3mps, cottages (per -7ã
G-:- Add for establishments with self 400
1_ ,_....._. r ... , 1__- . .
--- . --
f-Wt - ... ...... . -;-; 1--- ~
,p'" H_ - 1
f-1-B ...... ,---- h...,,\ 500
~"" ",,,'-' ,"". --7
~ Shopping centers without food or laundry (per square foot -04 ;
-~ ~I__- ,
f-1-ðj ( ---- h...1I _I. I""',.... "........~\ -&
, , l,.,.....· ---.,
ft4j I. ... ~-_. . \
a:- Private toilets, for employees only (per ~
- .\
-. "
lh Public toilets (per square foot of floor -04
.,
f-téj The3tres ;
a:- .... ,. 1__- __.....\ -&
,
lh f"'\ I . .......:.._ :__ 1__- 4-Q
~ ,
~ - L _..._I~ . ~
"........... I ..... 1""- .1""-
f-1-A - . .. . . , . ""'..... ¡.
.... ,,'-', .-. '... - ,.,-.
a:- Travel trailer (overnight), without water -ãQ .'
__,.I 1__- .. . \
-,.-
lh Tr::1Vel trailer (overnight), 'Nith water -1-00
..._,.1 .....__I~ ,.""'" I"",_r ..
....1-'- .1-''''' ......".....,
fi8) - --...I ... r .. . - ......1:- I"",_r ' \ 4-Q
......
~ 1__- ___..\ -3
f201 Hospitals (per bed) ~
~ "I. ,__:_~ ___..' I""',.... , \ -1-00
,
f22t ~ - ,.....1:-
,
a:- \ AI;~h __I. 1__.. -&
lh VVith bathhouse, showers and toilets 4-Q
I....,.. r
\1""--
~ Public institutions other th3n schools and hospitals (per -1-00
t241 roo . 1__- _... ....I__H
a:- n..." ~"....... --+§ "
-- '7 ,.,-
lh ~-
Add for showers -&
G-:- Add for cafeteria -&
Eh ArIrI ~_r ......... . --+§
. ,-
e-:- .... ....-- -7á
~ . . ,-..:-- ",........: . 1__.. , -ãQ
, " \1-'.....,
~ Residences
Page 8 of 123
Words struck through are deleted, words underlined are added
a-: ,.,.. .1 £. /_~r .. . \ .:1-W
th ..L ....~r'- _L . \ .:1-W
G-: Mobile home not in a tmiler park (per .:1-W
. .
Eh .......... /_~r -+&
LOS for caplt-a! soNd waste facilities requires sufficient capit31 solid waßte
facilities to dispose of 1.39 tons of solid '#aste per capita per year. In addition, the
LOS requireß t\~..o years of landfill lined cell disposal oapaoity at present fill rates and
ten years of landfill ra'N land oapacity at present fill rateß.
LOS "C" poak season, peak hour is in the range of stable flow, but marks the
beginning of the range of flow in which the oper3tion of individual users becomes;
significantly affected by interactions '.\'ith others in the traffic ßtre3m. The selection of
speed is affected by the presence of others, and maneuvering within the traffic
stream requires subßtantial vigilance on the part of the user. The general level of
comf-ort and convenience declines notice3bly 3t this level. LOS "C" peak se3son,
pe3k hour, is based on the 1 Oath highest hourly traffic volumes during a c31end3r '
ye3r for the various types of roads defined by Special Report 209, High'Nay Cap3city
Manual, Transport3tion Research Board, National Resemch Council, \Nashington,
D.C., 1985, or subsequent revisions thereto. '
LOS "0" peak season, peak hour represents a high density, but st3ble, flo'N.
Speed 3nd freedom to m3neuver are severely restricted, and the driver or pedestrian
experiences a gener311y poor level of comf-ort 3nd convenience. Small incre3ses in
traffic fIm~.. will generally C3use operational problems at this level. LOS "0" pe3k
season, peak hour, is based on the 1 Oath highest hourly traffic volumes during a
calendar year for the various types of ro3ds defined by Special Report 209, HighW3Y
Capacity Manual, Transportation Research Board, National Research Council,
VV3shington, D.C., 1985, or subsequent revisions thereto.
LOS "E" peak season, peak hour represents operating conditions 3t or near
6af3acity. ^II speeds are significantly reduced. Freedom to maneuver is difficult.
Comfort and convenience 3re extremely poor, 3nd motorist frustration is generally
high. LOS "E" peak season, peak hour, is based on the 1 Oath highest hourly traffic
volumes during 3 c31endar year f-or the various types of roads defined by Special,
Report 209, High\"lay Capacity Manual, Transportation Research B03rd, National
Rese3rch Council, VVashington, D.C., 1985, or subsequent revisions thereto.
Major road network system me3ns 311 3rterial and collector roads within the
total unincorporated county. The major road net'Nork system is depicted in the traffic
circulation element of the county growth management plan.
Peal< season, peak hour is oonsidered to be the 1 Oath highest volume hour of
the year, and is the basic time reference used to calculate levels of service using the
definitions and methodologies of the 1985 Highway Capacity Manual (or its current
eå#iGA). For planning and concurrency applications, pe3k se:3son, pe3k hour
conditions 3re converted to 3nnu31 3vemge d3ily traffic (I\^DT) level of service
m3ximum volumes 3nd 3re presented in a series of look up t3bles 3dopted in the "
tr3ffic circul3tion element of the growth management plan.
Person means an individual, corporation, governmental :3genGy,9Ysi-Ress ;
trust, estate, trust, p3rtnership, 3ssociation, two or more persons h:3ving :3 joint or
common interest, or any other entity, and its design3ted :3gents, successors or
assigns.
P-otent,iat,ly deficient road segment means the following:
Page 9 of 123
Words struck through are deleted, words underlined are added
(1) /\ county or state road ßegment on the major road net\\(ork sYßtem
whose adopted LOS standard is LOS "C" or LOS "0" peak seaßon,
peak hour, th3t is presently operating at its adopted LOS, or whose
adopted LOS is LOS "0" peak se~:)E)Qn, peak hour, and has operated at
LOS "E" peak season, peak hour, for tv.to yearß or less, based on the'
AUIR. A potentially deficient road segment which has an adopted LOS
"0" peak season, peak hour, may operate at LOS "E" peak se3son,
pe3k hour, for two years before it shall become a deficient road
segment.
(2) /\ county or state road ßegment on the m3jor road network system
whose adopted LOS standard is "E" peak season, peak hour, that is
presently operating at LOS "E" peak season, peak hour, based on thé
I\UIR.
(3) In determining the cap3city of a county ro3d segment or 3 state road
segment for the purpose of determining whether it is a potentially
deficient ro3d segment, the county shall consider:
a. Any c3pital ro3d improvement currently in place;
b. Any capital road improvement that iß under construction;
c. Any c3pital ro3d improvement guaranteed in an enforce3ble
development agreement that includes the provisions in
subsections a. and b. of this subsection;
d. The actual construction of the required capital road improvement
is included and is scheduled to commence in or before the third
year of the state's five year work program and the county's
current five year c3pital improvement schedule adopted as part
of the growth man3gement plan; and
e. The board of county commissioners has made an express
finding, 3fter a public hearing, that the current five year capital
improvement schedule is based on a re31istic, financially feasible
program of funding from existing revenue sources.
Public fac,i.'ities means capital drainage facilities, capital park facilities, capital
potable water facilities, capital road facilities, capital sanitary sewer facilities, and
capit31 solid waste facilities,
(Ord. No. 93 82, § "1; Ord. No. 96 53, § 1, 9 10 96)
Cross References: Definitions generally, § 1 2.
See, 10& 73. Rules of construction.
In the construction of this article, the rules set out in this section sh311 be
observed unless such construction is inconsistent 'Nith the manifest intent of the
board of county commissioners. The rules of construction 3nd definitions set forth
herein shall not be applied to any provisions which expressly exclude such
construction, or where the subject matter, content or context of such provision would
make such construction internally inconsistent or inconsistent with other provisions" of
this' article.
All provisions, terms, phrases and expressions contained in this article shall
be liberally construed in order that the true intent and meaning of the board of county
commissioners may be fully carried out. Terms used in this article, unless othel\vise
specifically provided, sh311 have the meanings prescribed by the st3tutes of this st3te
for the same terms.
In the interpretation 3nd application of any provision of this article it shall be
held to be the minimum requirement adopted for the promotion of the public health,
Page 10 of 123
Words struck through are deleted, words underlined are added
safety, comfort, convenience 3nd general welf3re. '.^/here any provision of this article
imposes greater restrictions upon the subject matter th3n :3 general pro'..'Ìsion
imposed by the grmvth management plan or another provision of thiß artiole, the
provision imposing the greater reßtriction or regul:3tion shall be deemed to be
controlling.
Comput-ation of time. The time within which an act is to be done shall be
computed by exoluding the first and including the last day; if the last d:3Y iß Saturday,
Sunday or legal holiday, that day shall be exoluded.
Day. The word "day" shall mean a calendar day, unless "bußineßß" day is
indicated.
Delegation of authority. \^A'lene....er a provision appoars requiring a division
3dministrator, the head or 3 department or some other county officer or employee; to
do some 3ct or perform some duty, it is to be construed to authorize the division
administrator, head of the department or some other county officer or employee to
designate, delegate and authorize professional level subordinates to perform the
required act or duty unless the termß of the provision or section specify otherwise,
,Gender. '.Nords importing the m3sculine gender shall be construed to include
the feminine 3nd neuter.
Month. The 'Nord "month" sh311 me3n a calendar month.
Nontechnical and technical ItlOrds. \Nords and phrases shall be oonstrued
according to the common and 3pproved usage of the 13nguage, but technical words
and phrases and such others as may have acquired a peculiar and appropriate '
meáning in law shall be oonstrued and understood according to such meaning.
Number. ^ word importing the singular number only may extend and be
applied to sever31 persons and things as 'Nell as to one person and thing. The use of
the plural number shall be deemed to include any single person or thing.
Shall, may. The INord "shall" is mandatory; "may" is permissive.
Tense. Words used in the paßt or present tense include the future as well as
the p3st or present.
Text. In case of any difference of meaning or implication bet'.~Jeen the text of
this article and any figure, the text shall control.
Weak. The word '\\'eek" shall mean seven calendar days.
V'/ritten or in writing. The term '\'Jritten" or "in writing" shall be construed te
include any representation of words, letters, or figures whether by printing or other
form or method of writing.
Year. The word "year" sh311 mean a calendar year, unless a fiscal ye3r is
indicated or 365 calend3r days is indicated.
(Ord. No. 93 82, § 5; Ord. No. 96 53, § 2, 9 10 96)
Sec. 106 74, Effect of references to previous ordinance,
All references in any documents '.vhatsoever to the previous adequate public
facilities ordinance (Ordinance 90 24, as amended), superceded and repealed
hereby, shall constitute 3 reference to this 3rticle.
(Ord. No. 93 82, § 10)
Seè. 106 76, Violations,
^ violation of this article shall be 3 misdemeanor punishable according to la'N;
Page 11 of 123
Words struck through are deleted, words underlined are added
ho\vever, in addition to or in lieu of any oriminal prosecution, the county shall have
the power to sue in civil oourt to enforce the provisionß of this artiole.
(Ord. No. 93 82, § 9.3)
State Law Røferences: Pen31ty for ordinance violationß, F.S. § 125.69.
Sec. 106 7&. Authority ~
The board of county commissioners has the authority to adopt this article
pursuant to Fla. Const. art. VIII, § 1(1), F.S. §§ 125.01 et seq., 163.3161 et seq.
163.3161(8), 163.3177(10)(h) and 163.3202(2)(g), and Rule 9J 5, F.A.C,
(Ord. No. 93 82, § 2.2)
Sec. 106 77. Applicability.
This 3rticle sh311 apply to all development in the tot31 unincorpor3ted mea of
the county, 3nd to all public facilities owned by the county in the incorpor3ted or
unincorporated are3S of the county, and to all pri\:ately owned public f3cilities where
the level of service has been established by the county.
(Ord. No. 93 82, § 2.3)
Sec. 106 78. Intent and purpose.
(a) Intent. This 3rticle is intended to implement 3nd be consistent with the
oounty gro'Nth m3nagement plan, F.S. § 163,3161 et seq., and Rule 9J 5, F.l'-.C., by
ensuring th3t all development in the county be served by adequate public facilities.
(b)
(1 )
Purposo. This objective is accomplished by:
Establishing a management and monitoring system to evaluate and.
coordinate the timing and provision of the necessary public f-acilities 'to
service development; and
(2)
Establishing a regul3tory program that ensures th3t each public facility
is available to serve development concurrent with 'Nhen the impacts of
development occur on the public f:3cilities. .'
(c) Min,imum requirements. The provisions of this article in their
interpretation and application 3re declared to be the minimum requirements
necessary to 3ccomplish the stated intent, purposes, and objectives of this article.
(Ord. No. 93 82, § 3)
Sec. 106 79, Findings.
(:3) The county, pursuant to the Florida Local Government Comprehensive
Planning and Land Development Regul3tion ¡'-at (F.S. § 163.3161 et seq.)
(hereinafter "the Act"), is required to prepare 3nd adopt a comprehensive plan.
(b) As part of that comprehensive plan, the county is required to prepare
and adopt :3 c3pit:31 improvement element (CIE) which covers at least a five year
period and is designed to consider the need for 3nd location of public facilities.
(c) The CIE is required to:
(1) Establish a level of service to determine the adequ:3cy of public
facilities;
(2) Based upon the established level of servioe, estimate public facility
needs both to correct existing deficiencies and accommodate needs "
projected by ne'N growth and development; 3nd
(3) B:3sed on public facility needs, project costs to provide the necessarY
public facilities 3nd find realistic revenue sources to fund the public
Page 12 of 123
Words struck through are deleted, words underlined are added
facilitieß.
(d) The comprehensive plan with the CIE is deßigned to ensure that
adequate public rocilities are availablo concurrent \\'ith the impact of development. '
(e) After adoption of the comprehensive plan, the I\ct mand3tes th3t the
county 3dopt 13nd development regulations that implement the comprehensive pkin.
(1) The provisionß of F.S. § 163.3177(10)(h) provide that public facilities
and ßervices needed to support dO'lelopment must be available concurrent 'Nith the
impacts of such development.
(g) The provisions of F.S. § 163.3202(2)(g) also provide that not later than
one year after its due date established by the state land planning agency's rule for
submission of local comprehensive plans, a local government sh311 not issue 3
development order or permit which results in a reduction in the level of service for the
affected public f3cilities below the level of servioe provided in the comprehenßi'.'e
plan and CIE.
(h) Rule 9J 5.0055, Florida /\dministr3tive Code (F.AC,) requires that 3 '
concurrency management system must be implemented after adoption of 3
comprehensive plan with its CIE to ensure that public f3cilitieß and services needed
to support development are 3vail3ble concurrent with the impacts of ßuch
development.
(i) On January 10,1989, the county adopted the county growth
management pl3n including a CIE pursuant to the requirements of the Local"
Go~ernment Comprehensive Planning and Land Development Regulation Act (F.S. §
163.3161 et seq.).
m In March 1990, the county 3dopted its adequate public f3cilities
ordinance (Ordinance No. 90 24) 'Nhich implemented the concurrency man3gement '
system of the growth management pl3n.
(k) In September 1990, certain provisions of the adequate public f-3cilities
ordinance regarding the implementation of concurrency 'Nere challenged pursuant to
F.S. § 163.3213.
(I) On November 26, 1990, the department of community aff3irs held 3
preliminary hearing pursuant to F.S. § 163.3213(1), to determine whether or not the
challenged portions of the 3dequate public f3cilities ordin3nce 'Nere consistent with
the CIE of the growth m3nagement pl3n.
(m) On December 6, 1990, the department of community affairs issued its
final order determining th3t certain provisions of the adequate public facilities
ordinance 'I.'ere inconsistent with the CIE of the grQl.o¡th management pl3n.
(n) On February 6, 1991, the department of community affairs and others
petitioned the division of administrative hearings on the issue of consistency of
certain provisions of the 3dequate public f3cilities ordinance '/lith the CIE of the
growth management plan pursuant to F.S. § 163.3213(5)(b).
(0) An administrative he3ring was conducted in the county between July 22
and July 26, 1991, 'Nherein the division of administrative hemings he3ring officer
heard testimony and received evidence concerning the issue of the consistency of
the adequ3te public f-3cilities ordin3nce with the CIE of the grO'.vth management plan.
(p) On August 27, 1992, the hearing officer issued a final order finding
certain of the ch311enged portions of the adequ3te public f-3cilities ordinance "
incónsistent with the CIE of the growth management pl3n and recommending the
imposition of substanti31 sanctions upon the county as a result pursuant to F.S. § ;
163.3213(6).
Page 13 of 123
Words struck through are deleted, words underlined are added
(q) On March 16, 1993, the bO~)fd of county commissioners entered into a
stipulated settlement agreement with the department of community affairs 3nd the,
oth~r parties to the 3dequate public f3cilities ordinance ch311enge in which it was
agreed th3t the county would amend the concurrency management system of the
CIE pursuant to Rule 9J 5.0055, F.A.C., and later amend certain portions of the
adequate public facilities ordin3nce causing it to become consißtent with the
concurrency management ßystem amendments to the CIE.
(r) On April 13, 1993, the administration commission iSßued itß final order
number AC 93 036, approving the stipulated settlement agroement 3nd directing tbe
county to adopt the remedial amendments to the ooncurrency management system
of the CIE 3nd amendments to the adequate public facilities ordinance (Ord. No. 90
24
(s) On July 27, 1993, the board of county commissioners did take 3ction in
the manner prescribed by law, did hold public hearings concerning the adoption of
the remedial plan amendment and did adopt ßuch amendment aß Ordinance No. 93
~
.(t) The county planning commission and the board of county
commissioners find that this 3rticle is consistent with and furthers the county grO'.Vth
man3gement plan.
(u) It is the intent of the b03rd of county commissioners to implement the
concurrency requirements of the county gro'J.'th management plan, F.S. §§
163.3177(10)(h) and 163.3202(2)(g), and Rule 9J 5, F./\.C.
(Ord. No. 93 82, § 1)
See, 106 80. Establishment of programs.
In order to implement the m3ndate of the county grO\tlth management pl3n to
ensure that adequate potable '.vater, sanitary sewer, solid waste, drainage, park and
road public facilities 3re available to accommodate de'.'elopment in the county
concurrent \'Jith 'Nhen the impacts of development occur on such public facilities, the
boa'rd of county commissioners establißhes, pursuant to the terms of this article:
(1) /\ management and monitoring program that evaluates the conditions
of public facilities to ensure they are being adequately pl3nned for 3nd
funded to maintain the LOS for e3ch public f-acility; and
(2) ^ regulatory program that ensures that each public facility is availabl~
to serve development concurrent with the impacts of that development
prior to issu3nce of development orders '.vhich are subject to the
provisions of this article.
(Ord. No. 93 82, § 6)
Sec, 106 81. Management and monitoring program.
(a) General. In order to ensure that adequate potable v.'ater, sanitary
sewer, solid w3ste, drainage, park and road public facilities are available concurrent
with when the impacts of development occur on such public facilities, the county shall
establish the f-ollowing management and monitoring practices. Their purpose is:
(1) To evaluate and coordinate the timing, provision, and funding of
potable water, s3nitary sewer, solid waste, drain3ge, park and road
public facilities;
(2) To ensure 3dequate planning and funding to maint3in the LOS for the
public f3cilities; and
(3) To eV31uate the capacity of the public f3cilities for use in the regulatory
Page 14 of 123
Words struck through are deleted, words underlined are added
program to ensure that no development orders subject to concurrency
regulation are ißsued unless adequate publio facilitieß are available to
serve the development oonourrent '.\'ith when the impaotß of that
development oocur.
(b) Annual update and ,inventory report on pub!ic faciJitfes (I\UIR). On or
about August 1 of each year, the community development and environmental
ßervices division 3dministrator ßhall complete an annual update and inventory report
on public f3cilities (hereinafter "/\UIR"). The ,^,UIR ßhall determine the existing
conditions of all capital pot3ble water, capital sanitary se""Jer, capit31 solid waste,
capital dr3inage, capital p3rk, and oapital road public facilities, determine and
¡
summ3rize the available capaoity of these capit31 improvementß (publio faoilities)
based on their LOS, f-orecaßt the capacity of existing and planned public f-acilities
identified in the five year capital improvement ßchedule for each of tho five
succeeding years, and ten succeeding years, and identify nev.' projects needed to
maintain adopted LOS. The f-orecasts ßhall be based on the most recently updated
schedule of c3pital improvements (public facilities) for e3ch public facility. The I\UIR
sh311 be based on the most recent bure3u of economic and business rese3rch
(BEBR) high range population projections, updated public facility inventories, .
updated unit costs 3nd revenue projections, and 3nalysis of the most recent traffic
count data.
The findings of the /\UIR shall form the basis for the preparation of the annual
update and 3mendment to the CIE, any projects to be included in the county's annµal
budget, the determination of any 3rea of significant influence (ASI) 3nd the revie'.\' of
and' issuance of development orders subject to the provisions of this article during
the next year.
(c) /\nnua.' det.ermination of aeJoquate "Category /\" publlc fac.i!ities
(concurroncy). On or 3bout August 1 of each year, the community development and
environment31 services division administrator will present the l\UIR report to the
bear4-ef-Bffilnty commffisioners iden-t#ying deficiencies-er-peteR~ienGies-ffi ,
"Category 1\" public facilities and remedial action options including but not limited to
the follo'Ning:
(1) Establishment of areas of significant influence (l\Sls);
(2) Public facility project 3dditions to the CIE;
(3) Deferr31 of development order issuance in affected are3S pending:
3. LO'J.'ering of LOS via gro'Nth management plan amendment;
b. Inclusion of necessary public facility projects in the adopted
annual budget and 3nnual CIE update and amendment;
c. Approval of new or increased revenue sources for needed public
facility projects by the board of county commissioners, the st3te
legislature or the county voters.
(d) Recommondations on the annual CIE update and annual budget.
Based upon the /\UIR analysis, the community development 3nd environmental
services division 3dministrator shall propose to the county planning commission and
the board of county commissioners on or about October 1 of e3ch year, the annual
update and amendment to the CIE as part of the annual growth management plan
amendment cycle transmittal public hearings. It will include the public facilities '
nee'ded to maintain LOS as directed by the board of county commissioners upon
presentation of the I\UIR. The annu31 budget, which is to be 3dopted by October 1 of
each year shall also include projects 3nd funding as directed by the board upon
presentation of the AUIR.
(e) Est-ablfshmont of aroa of significant influenco (I\SI) f{)r roads.
Page 15 of 123
Words struck through are deleted, words underlined are added
(1) Establishment of areas of slgnifjoant influenoe (1\51). If the findings of
the AUIR analysis identify additional road improvement projects needed
to m3intain adopted LOS, they may be included in the road component'
of the proposed 3nnual CIE upd3te and amendment at the discretion of
the board.B3sed upon board direction on inolusion of additional road
projects, the community development and environmental services
division administrator, in conjunction with the MPO chief and
transportation serviceß department director, may propose and identify
one or more ~]feas of significant influence (1\81) around any deficient ør
potentially deficient r03d segment (exoept '."here ßuch potentially
deficient road segment is projected not to exceed its adopted lOS
within the first three years of the five year schedule of oapital
improvements in the CIE update and amendment proposed for
tranßmittal on or about October 1, and the estimated annual residual"
cap3city trips that would be allocated to those applicants for certificates
of public facility 3dequacy within the ASI encompassing such potentially
deficient road segment during the next year does not exceed the ;
remaining trip c3pacity). The boundaries of any ASI shall be
est3blished pursuant to the standards in subsection (2) of this
subsection along with the annual residual capacity trips covering
potentially deficient road segments for each I\SI and shall be presented
to the b03rd by September 1 of each year. No residual cap3city trips "
shall be 3110tted for development in an ^SI encompassing 3 deficient
road segment.
(2) Standards in estab!ishing area of slgnifioant influonoe (1\81).
3. Ganara.'. The boundaries for an ASI shall be based upon an
"envelope" that surrounds m3jor road segments. In general, the
ASI surrounding 3 road segment will radiate out from the '
segment a distance of one to three miles, depending upon
natural or manmade features, road\Nay facility type. Additionally,
there may be an overlap of ,ò.sls due to the effect of adjacent
land uses upon a roadway segment or segments,
b. Standards in detarmining area of significant influance (/l.SI). The
community development and environmental services division ,
3dministrator in conjunction with the MPO chief 3nd
transportation services department director shall examine traffic
movement patterns and shall then prep3re a map that details; tHe
location of the proposed /\SI. Such map shall then be presented
to the board of county commissioners at a regularly scheduled
meeting for its review.
The following standards shall guide the community development 3nd environmental
services division administrator, MPO chief and transport3tion services department
director in developing these proposed ASI's:
Type of R03dw3Y Scope of I\SI
r- "',
Princip31 arterial Three miles on
each side of
affected segment
and three miles
ft:em each end of
n , .
-.
Page 16 of 123
Words struck through are deleted, words underlined are added
Minor arterial Two miles on
each side of
affected segment
and Ì'NO miles
from each end of
" .
Collector One mile on each
ßide of affected
segment and one
mile from each
end of affected
Rural minor One mile on e3ch
collector ßide of affeoted
segment and one
mile from each
end of affected
.
"'~M'
Limitod access One mile from
facility each side of the
affected segment
and three miles
from any access
point and each
__..J
~..-.-.;¡-.
c, Detormining annual residual capacity trips. The community
development 3nd environmental services division administrato'r
in conjunction with the MPO chief and transportation services
department director shall complete a detailed conditions analysis
of the deficient or potentially deficient ro3d segment within each
proposed /\SI boundary prior to proposing the boundaries of the
^SI. The an31ysis shall take into consideration characteristics of
the road segment (such as traffic control, signal spacing, timing,
and phasing) using procedures documented in the 1985
Highway Cap3city Manual (or its current edition). The annual
residu31 capacity trips for the proposed A51 covering the
potentially deficient roaå-segment shall be based upon up to 100
percent of the potentially deficient road segment's remaining
capacity, measured ~n peak hour, peak season trips. Thirty
percent of the potentially deficient road segment's remaining
Gaf3acity shall be reserved for only those land uses which
generate one peak hour trip per day or less, based on the most
recent ITE trip generation rate manual.
(3) Review and approval by board of county commissioners. After receipt
of the proposed boundaries of 3 potential /\SI and the proposed
residu31 cap3city trips of the 1'.51 from the community development 3nd
environmental services division administrator, the board of county
commissioners, by October 1 of each year, shall hold a public hearing
noticed pursuant to the requirements of F.S. § 125.66(5), and after "
consideration of the proposal and public comment, approve the
bound3ries (including a map of the boundaries) and the annual residual
capacity trips of the ¡\SI, with or without modifications, or determine that
competent substantial evidence has been placed on the record to sho'l'.'
that the road segment is not potentially deficient and determine that-tRe
establishment of an ASI is not-Re6essary to ensure that developmeRt
effieFs-are served by 3dequate ro3d public faciHties, The approved
boundaries and annual residual cap3city trip allotments for each /\SI"
will become eff-ective on October 1 of each year if additional road
improvements are not added to the capital improvement element at that
Page 17 of 123
Words struck through are deleted, words underlined are added
~
(4) Map of aroas of significant influence (/\S!). ^ map sho'Jling tho
boundaries of e3ch I\SI establißhed by the board of county
commißsioners shall be kept in the community development and
environmental services division and the office of the clerk to the board
of county commissioners for review 3nd inspection by the public during
normal business hours.
(5) Duraf.ion of established Drea of significant influence (1\81). Once the
boundarieß of an /\SI are 3pproved by the board of county
commissioners, they are valid for one year, unless otherwise dissolvod,
(6) Duration of residua! capacity trips. Once the road f3cility residu31
cap3city trips are approved by the board of county commissioners, they
3m valid for one year. .
(7) Dissolution of area of significant influence (I\S!). If the additional
needed road improvements identified in the /\UIR are added to the CIE
or funds are aV3ilable for, and committed for construction of, the
needed road improvements to eliminate the classification of a road 3Š a
deficient or potentially defioient road segment, then the area of
significant influence (.^.SI) est3blished for that deficient or potentially.
deficient road segment shall be dissolved in the same manner in 'Nhich
it \\'as establißhed.
(Ord. No. 93 82, § 7; Ord. No. 94 1, § 1; Ord. No, 96 53, § 3, 9 10 96)
Soc. 106 82. Regulatory program,
(a) General. In order to ensure that 3dequate potable water, sanitary
se'Ner, solid 'Naste, dmin3ge, park and ro3d public facilities 3re 3'1ailable concurrent
\\'ith when the impacts of development occur on each public facility, the county shall
establish the following development review procedures to ensure that no
development orders subject to concurrency regulation are issued unless 3dequ3te
public facilities are 3vail3ble to serve the proposed development.
(b) Exomptions. The following development orders 3nd development shall
be exempt from the terms of this 3rticle:
(1) All v31id, unexpired fin31 development of regional impact (DRI)
development orders which \\'ere issued prior to adoption of the county
growth m3nagement plan on Janu3ry 10, 1989, except where:
a. Development conditions or stipulations applicable to
concurrency, or the provision of adequate public facilities
concurrent with the impacts of development, exist in the DRI
development order;
b. Substantial deviations are sought for 3 DRI development order,
and then this 3rticle shall apply only to those portions of the
development f{)r which the deviation is sought;
c. I\n overriding concern for public health, safety, or welf-3re exists;
d. The county can demonstrate pursuant to F.S. § 380.06 that
substantial changes in the conditions underlying the approval of
the development order h3ve occurred or the development order
was based on substanti311y inaccurate information provided by
the developer or that the applicatien of this-aftiGle-te-tAe
development order is clearly established to be essential to the"
public health, saf-ety and welfare; or
Page 18 of 123
Words struck through are deleted, words underlined are added
e. The new requirements would not ßO change or alter a DRI
development order that they would materially or substantially
affect the developor's ability to complete the de'.'elopment
authorized by the DRI dcvelopment order.
(2) Construction of public f3cilities that are consistent 'Nith the county
grO\\lth management pl3n.
(3) Any development orders detcrmined by the community de'.'elopment
and environmental ßervices di'.'ision administrator not to impact public
f3cilities as evaluated against the standards contained in this article. ,
(4) Original temporary construction and development permits and any
subsequent rene\A:als not to exceed a cumulative period of one year:
(5) Development orders permitting replacement, reconstruction or repair of
existing de'.'clopment consistent v:ith all clements of the grO'.\lth
management plan.
(6) Origin31 temporary use permits 3nd ::my subsequent renew31s not to
exceed a cumulative period of one ye3r.
(7) Any development order or development whose current O'....ner is entitled
to receive, 3nd who properly obtains, 3 Determination of Vested Rights
for /\dequate Public Facilities ("I\PF") in accord3nce with the provisions
of this subsection (7).
3. I\ppHcaf.ion. /\n application for determin3tion of vested rights for
APF sh311 be submitted in the form established by the '
community development and environment31 services division
administrator. ,^,n application fee in an amount to be determined
by the board of county commissioners sh311 accompany and be
part of the application. The application shall, at a minimum,
include:
1. Name, address, and telephone number of the owner and
authorized 3pplicant if other than the ovmer;
2. Street address, legal description, 3nd 3cre3ge of the
property; and
3. ,1\11 factual information 3nd knowledge reason3bly
available to the Ql.vner and applicant to address the
criteria established in subsection g. of this subsection.;
b. Determin3tion of completenoss. After receipt of 3n application for
determination of vested rights for /\PF, the community
development and environmental services division administr3tor
shall determine whether the applic3tion submitted is complete., If
he determines that the 3pplication is not complete, the
community development and environmental services division
administrator sh311 notify the applicant in writing of the
deficiencies. The community development and environment3/
services division administrator shall take no further steps to
process the applic3tion until the deficiencies have been
remedied.
c. Rev/ow and determin3tion or recommonckJtion by communÏty
de'/-olopment 3nd on'.lironmenta! serAces division administrator
and county attornoy. After receipt of a completed application for
determin3tion of vested rights for ,^.PF, the community
Page 19 of 123
Words struck through are deleted, words underlined are added
development and environmental servioes division administr3tor
and the county attorney shall review and evaluate the application
in light of all of the oriteria in subsection g. of this subseotion. "
B3sed on the re'lie\\' and e':aluation, the community
development and environmental services division administratpr
and the county attorney shall prepare a written reoommendation
to the hearing officer that the application should be denied,
granted or granted with oonditions by the hearing offioer. Suoh
reoommendation shall inolude findings of fact for eaoh of the
criteria established in subsection g. of this subsection to the "
extent that information is presented or obtained or inclusion is
feasible or applioable. If the oommunity de'Jelopment and
environmental services division administrator and the county ¡
attorney agree b3sed on the review 3nd eV31u3tion that the
3pplication for determination of vested rights for /\PF so clearly
should be granted or granted 'Nith conditions, then they may
enter into a written stipulated determination of vested rights for
APF with the owner, in lieu of the written recommendation to tI;Je
he3ring officer and the provisions in subsections d., e. 3nd f. of
this subsection. However, any such stipulated determination
shall be in 'Nriting, signed by the community de'.'elopment 3nd
environment31 services division administrator, the county
attorney 3nd the owner, and shall include findings of fact based
on the criteria established in subsection g. of this subsection,
conclusions of la'lI for such criteria, and the determination
granting or granting 'Nith conditions, in whole or in part, the
vested rights for adequate public f3cilities.
d. Revie...../ and determin::Jtion of '/6sted rights determination for APF
by hearing otticar. Upon receipt by the hearing officer of the
applic3tion for determination of vested rights for APF and the
written recommendation of the community development and
environmental services division administrator and the county
attorney, the hearing officer shall hold a public hearing on the'
applic3tion. At the hearing, the hearing officer shall take
evidence and s\vorn testimony in regard to the criteria set forth in
subsection g. of this subsection, and shall follo'N the rules of '
procedure set forth in F.S. §§ 120.57(1)(b), 1,6,7, and 8;
120.58(1)(a), (b), (d) and (1) only to the extent that the hearing
officer is empowered to swear witnesses and take testimony
under oath. The hearing officer shall follow the procedures
established for administrative hearings in Rules 600 2.009,
2.017,2.020,2.022,2.023,2.024,2.025,2.027, and 2,031,
Florida ^dministrative Code, except as expressly set forth ,
herein. The parties before the hearing officer shall include the
county, the o'/mer or applicant, and the public. Testimony shall
be limited to the matters directly relating to the standards set
forth in subsection g. of this subsection. The county attorney
shall represent the county, shall attend the public he3ring, and,
shall offer such evidence as is relevant to the proeeedings. The
O'Nner of the property and its authorized agents may offer such
evidence at the public hearing as is relevant to the proceedings
and criteria. The order of presentation before the he3ring officer
3t the public hearing shall be 3S follo'Ns:
1. The county's summary of the application, writteR
recommendation, 'Nitnesses and other evidence;
2. O'Nner or 3pplicant witnesses and evidence;
3. Public witnesses and evidence;
Page 20 of 123
Words struck through are deleted, words underlined are added
4. County rebuttal, if any; and
5. Applicant rebuttal, if any.
e, Issuance of vestod rights determination for /\PF by hoaring ¡
officer. VVithin 15 working days after the oomplotion of the public
hearing under subseotion d, of this subsection, the hearing
officer shall oonsider the application for determination of ':ested
rights for APF, the reoommendation of the oommunity
development and environmental services divißion administrator
and the county attorney, and the evidence and teGtimony
presented at the publio heming, in light of all of tho criteria set
forth in subseotion g. of this subsection, and ßhall deny, granf, or
grant with conditionß the application for determination of vested
rights for I\PF for the property or properties 3t issue. The
determination shall be in writing and shall include findings of fact
for each of the applicable criteria established in subßection g. of
this subsection, conclusions of law for each of such criteria, 3nd
a determination denying, granting, or granting ~.vith conditions, in
whole or in p3rt, the vested rights for adequ3te public facilitie~.
f. /\ppeal t-o the board of county commissioners. \Nithin 30 days
after issuance of the he3ring officer's written determin3tion of
vested rights for APF, the county 3ttorney, the community
development and environment31 services division administrator,
or the owner or its authorized attorney or 3gent, may appeal tne
determination of vested rights for APF of the hearing officer to
the board of county commissioners. /\ fee for the application ~nd
processing of an mvner initiated appeal shall be established at a
rate set by the board of county commissioners from time to time
and shall be charged to and paid by the owner or its authorized
agent. The board of county commissioners shall 3dopt the
hearing officer's determination of vested rights for J\PF, with o~
without modific3tions or conditions, or reject the hearing officer's
determination of vested rights for /\PF. The b03rd of county
commissioners shall not be authorized to modify or reject the;
he3ring officer's determination of vested rights for APF unless
the board of county commissioners finds that the hearing
officer's determination is not supported by substanti31 competent
evidence in the record of the hearing officer's public hearing or
that the hearing officer's determination of vested rights for ^PF- is
contr31)' to the criteria established in subsection g. of this
subsection.
g. Critoria for vested rights. This section is intended to strictly
adhere to and implement existing case law and statutory Ia\V as
they relate to the doctrine of vested rights and equitable estoppel
as applied to a local government exercising its authority and
pO'Ners in zoning, the provision of adequate public facilities
concurrent with development (concurrency), and related matters.
It is the express intent of the county to require 3pplication of the
provisions of this article to as much development and property in
the unincorporated areas of the county as is legally possible
without violating the legally vested rights ~Nhich tho QI.\'ner may
have obtained in 3ccordance 'Nith state common law and
St3tUtOry la'N, particularly F.S. § ~63.3167(8). The criteria herein
fMovided shall be considered in rendering a vested rights .'
determination under this section. It is intended th3t each case be
Ele6ided on a case by case factual analysis. An oWAef-Shall b~
entitled to 3 positive determination of vested rights for APF only
if he demonstrates by substantial competent evidence that he is
entitled to complete his development without regard to the
Page 21 of 123
Words struck through are deleted, words underlined are added
othe/'\vise 3pplicable provisions of this 3rticle based on the
provisions of F.S. § 163.3167(8), or 311 three of the following
requiroments of the three part test under state common 13'11;
1. Upon some act or omißsion of the county;
2. /\ property o'..:nsr relying in §oed faith;
3. Has made such a substantial change in position or has'
incurred such extensive obligations and expenses that it
would be highly inequitable and unjust to destroy tho ¡
rights aoquired.
h. Urn/tat/on on dotermination of WJstod rights fa.'" /\PF. /\
determination of vested rightß for /\PF 'Nhich gr3nts an
application for dot~rmination of vestod rights for APF shall =
and be null and vOid unless construction IS commenced pu--~_.-
to a fin31 development order, final ßubdivision plat, or fin31 site
development plan, within two ye3rs 3fter the issuance of the ;
determin3tion of vested rights for /\PF under subsection (7), or
unless substantial perm3nent buildings have been, or 3m being
constructed or installed pursuant to a v3lid, unexpired, final
devolopment order of tho county within !WO yoars after i:o
of the determin3tion of vested rights for /\PF under subs __: __.,
(7), 3nd such development pursuant to 3 final development
order, fin31 subdivision pl3t, fin3/ site development plan, fin31
subdivision m3ster plan, or planned unit development m3ster;
pl3n is continuing in good faith. The aforementioned two year
timo limitation on tho dotarmination of ~ostod rights fo~:F :~II
be stayed dUring any time periods within whIch comm---em __
of construction pursu3nt to 3 final development order, fin31
subdivision pl3t, or final site development pl3n is prohibited or "
deferred by the county solely as 3 result of bck of 3dequate
public facilities to serve the property, pursuant to this 3rticle.
(c) Certificate of public (acNity adequacy.
(1) Gonoral.
b.
c.
a.
.~ valid, unexpired certific3te of public facility adequacy shall be
obt3ined at the filing for the earliest or next to occur of fin31
subdivision pbt, fin31 site de'..'elopment pbn or building permit,
pro'lidod howovor, any dovolopment ardors o.copt a ~~~~~;"~
development order m3Y be approved or Issued provId re
expressly conditioned on the issuance of 3 certific3te of PUbl~
facility adoquacy prior to building pormi! approval and ~ro~
~~ ~wner and 3pplicant proceed at their own risk 3nd exp y
waive and release the county in writing from 3ny and all future"
claims of vested rights and equitable estoppel resulting from
such condition31 3pproval or 3ctions relying thereon.
At the applicant's roquost, tho county shall re'liow and ar:J'~~~'
~~ ~;~y, 3n 3pplication for a certificate of public f3cilitY:J e ey
prior to the consider:Jtion of :In :Jpplic:Jtion for development
approval for 3ny development order needed for a proposed
dovolopmont prior to rocoipt of a final subdivision plat .~~p~~~~
fln31 site development pbn approv31, or bUilding perml p . I.
'Nhere the proposed development has been issued final
subdivision plat 3pproval or fin31 site development plan approval
prior to the eff-ective d3te of the ordinance from which this article
was derived, :J certific3te of public f3cility adequacy shall be
Page 22 of 123
Words struck through are deleted, words underlined are added
obtained prior to 3pproval of the next development order
required for the proposed development.
d. J\II applicable impact fees and ßystem development fees for a
development shall be paid into the impact fee escrow trust fund
in the amount eßtim3ted to be due upon issuance of the building
permit for the development upon or prior to issuanoe of a
certificate of public faoility adequaoy for the development, exoept
in the instanoe of a simultaneous applioation for a building permit
and a certificate of public f-3cility adequacy in which C3S0 all
applic3ble impact fees and ßystem development fees will be paid
directly into the 3ppropri3to impact fee fund 3t the time the
building permit and certificate are picked up by the applicant.
The payment of the estimated impact and system development
fees into the impact fee escrow trust fund shall be applied 3S a
credit towards the impact and sYßtem development fees
calculated and due upon issuance of the building permit for the
development. Impact and ßystem development fees paid into the
imp3ct fee escrow trust fund shall be refundable upon written;
request to the community development and environmental
services division administrator accomp3nied by the surrender of
the original certificate of public facility adequ3cy obtained prior to
issuance of building permit for the development. Fees paid upon
issuance of building permit in accordance with the applicable '
impact fee or system development fee ordinances sh311 be
refundable pursuant to the provisions of such ordinances upon
~..'ritten request to the finance director, clerk of courts. .
(2) Rules of genora.' appUoability for oÐrtjfioat-o of pub#o f:Joility aooquacy.
a, Timing. An application for a certificate of public f3cility adequ3cy
m3Y be submitted 3t any time, subject to subsection (1 )3. of tn'is
subsection.
b. Conso!icklt-od appHcaUon. 1\ building permit, final subdivision plat
or final site development plan shall receive final 3pproval only to '
the extent to which the proposed development receives a
certificate of public facility adequacy. The application for a
certificate of public f3cility 3dequacy may be submitted with a~,
application for de'.'elopment approval, where appropri3te under
this article.
c. /\ssignability and transferabmty. /\ certificate of public facility
adequacy shall run with the land, shall be assignable within a
proposed development, and shall not be assignable or
transferable to other development.
d. Expiration. 1\ certificate of public facility adequacy shall expire
three years from the date of its 3pproval except to the extent that
building permits have been issued for the proposed development
for which the certific3te is approved, and the proposed
development is then completed pursuant to the terms of the
county building code, provided:
1. For development comprised of more than 500 residential
dwelling units, or for 3 phased increment of development
comprised of more than 150 residential dwelling units, or
for a commercial/industrial development of more than .
100,000 square feet of gross le3sable 3re3, a certificate
of public facility adequ3cy sh311 expire five years from the
date of its approval except to the extent th3t building
permits have been issued for the proposed development
,
Page 23 of 123
Words struck through are deleted, words underlined are added
(3)
for '....hich the certificate is approved, and the proposed
development is then completed pursuant to the terms of
the county building oode, providod the certifioate holder:
i. Obtains approval of its final subdivision plat and
final site development plan, whiohever is
applicable, within 12 months from the date of
issuanoe of the certificate of public faoility
adequaoy;
ii. Commenoes construction of the infrastruoture for
the final subdivision plat and final site development
plan, 'Nhiohever is applicable, within 24 months
from the date of issuanoe of the oertifioate of publio
facility adequacy; and "
iii. Completes the construction of the infraßtructure; for
the final subdivision plat and final ßite development
plan, whichever iß applicable, 3nd recordß the fin31,
subdivision plat in the public records of the county,
if applicable, 'Nithin 36 months from the date of
issuance of the oertific3te of public facility
adequacy.
2. For purposes of determining the expiration of a certificate
of public facility adequacy for a mixed use development,
the size of the mixed use development shall be
determined by aggregating the percentage of the
threshold for each land use oomponent identified in
subsection d.1. of this subsection that is proposed for tt)e
mixed use development.
e. Effect. Issuance of a certific3te of public facility adequacy sh311
demonstrate proof of adequate public facilities to serve the
development approved in the development order, subject to the
conditions in the development order, ,^, subsequent application
for development approval for development approved in a
development order for which a certificate of public facility
adequacy has been approved shall be determined to have
adequate public facilities as long as the certificate of public
f3Cility adequacy is valid 3nd unexpired. VVhen a certificate of
public f.3cility adequacy expires, any subsequent application for
development approval shall require a ne'N certificate of public
facility adequacy to be issued pursuant to the terms of tl:Hs
section prior to approval of any subsequent development order
for the proposed development.
f. Conditions. Anything in this article to the contrary
notwithstanding, all certificates of public facility adequacy
approved or issued from the date that the community
development 3nd environmental services division administrator
presents the proposed ASI boundary maps to the board of
county commissioners, as provided by section 106 81(e)(2)c.,
through the date that the boundaries and the annual residu31 "
c3pacity trip allotments for each /\SI are approved by the beafå
shall be expressly conditioned upon any and all restrictions, .
limitations, pFGVfs-ions, boundaries and allotments adopted by the
board of county commissioners pursuant to subsection 106
81 (e)(3),
Eff-ect of dove.~opment agreomont in oonjunction with a certificate of ,
public facility aooquacy. Upon approval by the b03rd of county
Page 24 of 123
Words struck through are deleted, words underlined are added
commissionerß, any 3pplicant may enter into a development agreomont
with the county pursuant to the provisions of FoS. §§ 163.3220
163.3242 in oonjunction with the approval of a de\'elopment order
and/or a oertific3te of public facility 3dequacy. The effect of the
development agreement sh311 be to bind the partieß pursuant to the "
terms and conditionß of the development agreement and the certificate
of public facility adequacy in order to insure that adequate public .
f3cilities are aV3ilable to serve the proposed development concurrent
v.'ith '.\'hen the imp3cts of the development occur on the public facilities.,
Development agreementß may address conditional development order
approvals and oonditions for renewal of the certificate of public f-acility
adequacy beyond five ye3rs; however, the dur3tion of any certificate of
public facility adequacy shall not exoeed five years. Development "
agreements m3Y also provide f{)r private provision of public facilities or
for 3 joint ende3','or bet\\'een the private ßector and the county to
provide public facilities. Any public facility in the five year schedule of
capital improvements in the CIE on '.vhich such 3 certific3te of 3dequate
public facilities is m3de in conjunction with the 3pprov31 of 3
development order and a development agreement shall not be del3yed,
deferred, or removed from the five year schedule of improvements in,
the CIE.
(4) Procedure for review of :Jpplication.
3. Submission of application and foo. An applic3tion for a certificate
of public f3cility adequ3cy shall be submitted to the community
development 3nd environment31 services division administr3tor.
An application shall be submitted 3t the filing of the earliest or,
next to occur of fin31 subdivision plat, final site development
plan, or building permit. /\n application fee in 3n 3mount to be
determined by the b03rd of county commissioners sh311
accompany 3nd be part of the application.
b, /\ppUcation contents. The form and contents for the 3pplication
for public facility 3dequacy shall be established by the
community development and environmental services division "
administrator 3nd shall be published and made 3v3i13ble to the
general public.
c. Determination of completeness and re'/iew. After receipt of 3n
application for certificate of public facility adequacy, the
community development and environmental services division
administrator shall determine whether it is complete '.vithin three
business days. If it is determined that the application is not '
complete, written notice shall be served on the applicant
specifying the deficiencies. The community development and;
environmental services division administrator shall take no
further action on the application unless the deficiencies are
remedied. Within five business days 3fter the 3pplication is
determined to be complete, the community development and
environmental services division 3dministrator shall revie~.v and,
grant, or deny e3ch public facility component in the application
pursu3nt to the standards established in subsection (5) of this
subsection.
d. I\ppeal to public facilities determin:Jtion appeal committee.
1. /\ppea!, VVithin 30 days after issuance of the
determination of the community development and
environment31 services division administrator on the
application for a certific3te of public facility adequ3cy, the
applicant may appe31 the determin3tion of the community
Page 25 of 123
Words struck through are deleted, words underlined are added
development 3nd environmental services division
administrator on the application for a oertific3te of public
f::JCility adequacy to the public facilitieß determination
appeal committee. ^ fee f{)r the application 3nd
prooessing of an appeal sh311 be established at a rate set
by the b03rd of county commißsioners from time to timé
and shall be oharged to and paid by the applicant. The
public f-3cilities determination appeal committee shall h.old
a hearing on the appe31 and shall consider the
determination of the oommunity development and
environment31 services division 3dministrator and public
testimony in light of all the criteria set forth in subsection
(5) of thiß subsection. The public f3cilities determinati0'1
appe31 committee shall adopt the community
development and environmental services division
adminißtrator's determination on the 3pplication for a
certificate of public facility adequacy with or without
modifications or conditions, or reject the community
development and environmental services division
administrator's determination, The public facilities
determination appeal committee shall not be authorized to
modify or reject the community development and
environment31 services division administrator's
determination unless the public facilities determination;
appeal committee finds that the determination is not
supported by substantial competent evidence or that the
community development and environmental services
division administr3tor's determination is contrary to the
criteria established in subsection (5) of this subsection. "
The decision of the public facilities determination appeal
committee shall include findings of f.-act for each of the
criteria.
") G 't' ç hI' ç T/-' ,.. /- . /-. I
£.. omposllon 0, PUu,fC ,.3CI,/¡-fÐS uØl{JrmmalJOn appea.
committee. The public facilities determination appeal
committee shall be comprised of three members: the
office of capital projects management director, or his
designee; metropolitan planning organization (MPO)
coordinator, or his designee; and the project review
services manager, or his designee.
e. Cancellation of certificates. Upon notification by the community
development and environmental services division administrator,
or his designee, that an application for a certificate of publiG
facility adequacy has been approved and a certificate issued, the
applicant shall have 30 calendar days to pick up the certificate
and pay all applicable imp3ct and system development fees. If
the applicant fails to pick up the certificate and pay the
appropriate fees 'Nithin 20 calendar days of notific3tion of
approval, a second notification of pending cancellation of the
certificate ,'viII be sent to the 3pplicant by certified mail. If the
applicant does not pick up the certificate and pay all applicabl~
fees within ten calendar days of notification by certified mait,tRe
certificate 'Nill be voided. In such a case, the applic3nt shall then
be required to apply for issuance of a new certificate. Certificates
issued simultaneously with building permits shall be voided if the
applicant fails to pick up the building permit and fails to pay all
applicable fees within the time period during which such building
permit remains valid.
(5) Standards for review of applioation. The following st3nd::Jrds shall be
used in the determin3tion of whether to grant or deny a certificate of
Page 26 of 123
Words struck through are deleted, words underlined are added
public facility adequacy. Before issuance of a certifioate of public facility
adequacy, the application shall f-ulfill the ßtandards for eaoh publio
facility component (potable '::ater, sanitary se'.ver, solid waste,
drainage, parks and roads).
a. P-otable water (aeilities. The potable water oomponent shall be
granted if any of the fOllo'Ning oonditions are met: ¡
1. The required public faoilities are in place at the time a
building permit is ißsued.
2. The required public f3cilities 3re under construction at ttíe
time a building permit is ißsued.
3. The required public facilities are guar~:mteed in 3n
enforceable development agreement th3t includes the
provisions of subseotions 1. and 2. of thiß subsection.
b. Sanit{Jry sevier (-acilities. The sanit3ry se'Ner component shall be
granted if any of the following conditionß are met: '
1. The required public facilities are in place at the time 3 ¡
building permit is iSßued.
2. The required public facilities are under construction at the
time a building permit is issued.
3. The required public f3cilitieß are guaranteed in an
enforce3ble development 3greement that includeß the
provisions of subsections 1. and 2. of this subsection. ;
c. Solid 'l-3sto facilities. The solid 'Naste component shall be
granted if any of the following conditions 3re met:
1. The required public facilities 3re in place at the time a '
building permit is iSßued.
2. The required public facilities are under conßtruction at the
time a building permit iß issued.
3. The required public facilities are gU3ranteed in ~m
enforce3ble development that includes the provisions of
subsections 1. 3nd 2. of this subsection.
d. Drainage faci.'if.ies. The drainage component shall be gr3nted if
the proposed development has a drainage and v./ater ;
management pl~:m that has been approved by the environmental,
services division that meets the LOS for c3pital drainage
facilities defined in section 106 72.
e. Park and recreation (acflitios. The p3rks and recreation
component sh311 be granted if 3ny of the follo'....ing conditionß 3re
met7
1. The required public facilities are in place 3t the time a
building permit iß issued.
2. The required public f3cilities are under construction at the
time a building permit is ißßued. '
3. The required public facilities are the subject of 3 binding
contract executed for the construction of those public
Page 27 of 123
Words struck through are deleted, words underlined are added
facilities ~Nhich provides for commenooment of actual
construotion within one year of issuanoe of a building
, permit.
4. The required public f30ilities 3re gU3ranteed in an
enf-orce3ble development agreement th::Jt includes the
pro'.'isions of subsections 1., 2. and a. of this subseotion.
f. Road fao/lities. The road component shall be oonsidered based
upon whether the proposed development is outside a design3ted
ASI or '.vithin a designated ASI.
1. Dov-olopment outside design:Jt-od area of signifioant
influence (I\SI) or whom no ASI exists. For development
outßide 3 designated ASI, or where no /\SI exißts, the
road component ßhall be granted.
2. Developmont within dosignated area of significant
influence (I\S!). For development within a designated ASI
covering a potentially deficient road segment, the road
component shall be approved, subject to available
capacity, if it is demonstrated the proposed development
'Hill not make the potentially deficient road segment within
the I\SI a deficient r03d segment. In the instance where
the proposed development '.viII create a deficient road
segment, 3 certificate of public facility adequacy for the'
road component shall be approved only for th3t portion of
the development that does not create the deficient roa~
segment. For development '.vithin a designated ASI
covering a deficient road segment, the road component
shall be approved only for that portion of the development
that does not increase the net trips on the deficient road
segment and does not further degrade the LOS of the
deficient road segment.
(Ora. No. 93 82, § 8; Ord. No, 94 1, § 2; Ord. No. 96 53, § 4, 9 10 96)
Secs. 106 83 106 105, Reserved.
SECTION TWO: RELOCATION OF LAND DEVELOPMENT CODE PROVISIONS
INTO THE CODE OF LAWS AND ORDINANCES,
The following LDC provisions, accompanied by LDC section number
provided for reference purposes only and being deleted by strike-through, are
hereby relocated to the stated Chapters, Articles, and/or Sections of the Code of
Laws, a'nd amend said Code of Laws as follows:
SUBSECTION 2,A, RELOCATION OF LDC SECTION 1,5,5, REGULATING
NOISE FROM CONSTRUCTION ACTIVITY.
Code of Laws Section 54-92 is amended to read as follows:
Sec, 54-92 Maximum Permissible Sound Levels,
*
*
*
*
*
*
*
*
*
*
*
(e) Construction sounds. (1) Power driven construction eauipment.
* * * * * *
Page 28 of 123
Words struck through are deleted, words underlined are added
SeG. 1.5.5. (2) Requlatinq noise from construction activity.
a. Anv construction activities and site preparation activities includinQ but not
limited to land clearinQ and QradinQ, excavation and veQetation removal.
authorized or permitted pursuant to the provisions of this Code shall occur
only durinQ the followinQ hours: 6:30 a.m. to 7:00 p.m., Mondav through
Saturday. No construction activity or site preparation activity is permitted on
Sundays or on the followinQ holidavs: New Year's Day, Memorial Dav, Fourth
of Julv, Labor Dav. ThanksQivinQ Day. and Christmas Dav.
b, Anv person desirinQ to engaQe in the aforementioned activities beyond the
stated hours of limitation, based upon cases of urQent necessity or upon the
interests of public health, safety and welfare may applv in writinQ to the county
manaQer or his desiQnee for an emerQency construction permit. Such
application shall state all facts and circumstances demonstratinQ the need for
such permit. Such permits, if granted, shall be limited to 15 days, but mav,be
renewed for additional periods if the emergency or need therefor continues.
Requests for renewals of said permit shall be made in writinQ prior to the
expiration of permits previouslv issued pursuant to this section. In; the
issuance of such permits, the county manaQer or his desiQnee shall weigh all
facts and circumstances presented and shall determine whether the reasons
Qiven for the urQent necessity are valid and reasonable, whether the public
health, safety and welfare will be protected or better served bv QrantinQ the
permit requested and whether, should the permit not be Qranted, the manner
and amount of loss or inconvenience to the applicant imposes a significant
hardship. Upon an affirmative findinQ of the foregoinQ considerations, the
county manaQer or his desiQnee is authorized to issue the emerQéncv
construction permit. Notice of said permit application shall be Qiven to all
property owners adjacent to the subject site. During such periods of
emerQencv activities and durinQ the normal construction or site preparation
hours of 6:30 a.m. to 7:00 p.m., the noise levels generated by construction or
site preparation activities shall not exceed those permitted under Ch. 54, Art.
IV.
;
1.6.6.1. (3) Exceptions. Construction activities or site preparation activities
performed bv the county, state or federal Qovernments are exempt from this
provision provided that Code Ch. 54. Art. IV is complied with.
SUBSECTION 2,B. RELOCATION OF SECTION 1.5.7, PROVISION OF
WATER, SEWER AND REFUGE IRRIGATION WATER
WITHIN THE COLLIER COUNTY WATER-SEWER
DISTRICT; APPLICABILITY TO SPECIAL PURPOSE
INDEPENDENT GOVERNMENTS.
Code of Laws DIVISION 2., Sec. 134-186, is amended to read as follows:
DIVISION 2. Reserved Collier County Water-Sewer District.
Sec, 134-186 134200, Reserved, See, 1.6.7. Provision of water;
sewer, and reuse irriQation water within the Collier County Water-
Sewer District; applicability to special purpose independent
Qovernments.
(a) The Collier County Water-Sewer District is a dependent special district
created bv the Florida leQislature. Its QoverninQ bod v is ex officio the board of
county commissioners. The Collier County Water-Sewer District has been
charQed bv the leQislature with the overall responsibility for the provision of
water and sewer services within the boundaries of the Collier County Water-
Sewer District, which are more particularlv described in chapter 88-499, Laws
of Florida.
Page 29 of 123
Words struck through are deleted, words underlined are added
,
(b) This leQislative charQe is consistent with the goals and policies of the state
comprehensive plan and the Collier County Qrowth manaQement plan in that a
reQional utility system like that operated by the Collier County Water-Sewer
District (1) fulfills the Qoal of assuring the ability of an adequate supply of
water amonQ competing uses by reQuirinQ development to be compatible with
existinQ local and reqional water supplies. (2) fulfills the Qoals of protectinQ the
county's substantial investments in regional public utility facilities by
maximizinQ the use of such existinQ public facilities. (3) fulfills the goal- of
economic and efficient provision of Quality public services which eliminates
needless duplication of public facilities and instead employs the use of
reQional facilities as opposed to multiple or smaller scale and less effiCient
local, public or private utility facilities.
(c) The provision and treatment of water, sewer and reuse irrigation water
within the Collier County Water-Sewer District as a matter of local land
development policy and reQulation shall be provided by Collier County Water-
Sewer District facilities in conformance with this Code and all other applicable
county ordinances. regulations and policies relative to the provision of such
utility facilities and services.
(d) The provisions of this Code and all other applicable ordinances,
reQulations and policies of the county shall be construed as applicable
planninQ and permittinQ laws, rules, reQulations, and policies which control
development of lands within the Collier County Water-Sewer District to be"
serviced by a special-purpose Qovernment such as a community
development district.
Secs. 134-187 -134-200. Reserved.
SUBSECTION 2,C. RELOCA TION OF SECTION 2,6.31. PROPERTY FOR
PUBLIC USE,
Code of Laws Section 2-27 is amended to read as follows:
Sec, 2-27 2 35. Reserved Sec. 2.6.31. Donation of property for public
use,
(a) Any entity may request to donate property to Collier County in accordance
with those provisions set forth below. The acceptance of such property sMail
be at the sole discretion of the board of county commissioners. The board of
county commissioners. in its review for acceptance of such property, shall
consider the type of property including its desiQn, color, size. the placement of
said property and other pertinent characteristics of the property. Upon
acceptance of the property by the board of county commissioners, the entity
shall be permitted to place its name on the donated property in the following
form: "Donated by (name of donor)," The design, size and placement of the
donor name on the donated item shall be reviewed by the board of couhty
commissioners to assure compliance with the followinq criteria:
2,6,31.1. (1) The lettering shall be no larqer than two inches and shall
contain no information other than that set forth above; and
2,6,31,2, (2) The letterinq shall be white, black or other unobtrusive color
appropriate to the color of the donated item; and
2,6,31.3, (3) The desiQn and placement of the letterinQ shall be appropriate
to provide identification of the donor, if such identification is requested.
(b) The board of county commissioners shall thereafter approve, approve with
chanQes or deny the desiqn. The name of the donor on donated property for
public use, in accordance with the criteria set forth above, shall not be
Page 30 of 123
Words struck through are deleted, words underlined are added
considered a sian.
Sec, 2-28 - 2-35. . Reserved
SUBSECTION 2.D. RELOCATION OF DIVISION 3.4. EXPLOSIVES
Code of Laws Chapter 55 is amended to read and create Sections 55-1 to,
55-18 as follows:
Chapter&-55 57. RESERVED EXPLOSIVES
Article I. Regulation of Explosives and certain Explosions.
State Law References: Penalty for ordinance violations, F.S. ~ 125.69.
Sec. 55-1 Sec. 3.4.1. Title and citation.
This Article shall be known and may be cited as the "Collier County Explosives
Reaulations."
Sec. 55-2 Sec. 3,4.2. Purpose,
This Article is intended to control and regulate explosives in Collier County"for
the protection of the public health. safety, and welfare of its citizens and to
prevent damaae to property. personal injury and loss of life resultina from
detonations of explosives. Further this Article is intended to prevent the
possession and use of explosives by unauthorized persons in the
unincorporated areas of Collier County. or in roadways maintained by Collier
County but which lie within municipal boundaries of Collier County. and to
protect the structural and physical integrity of private and public facilities and
materials alona such roadways. It is to be liberally construed to accomplish
such intent and purpose. Further, it is the intent of this Article to recoanize that
a user of explosives license and blaster permit must be approved and issued
by the State of Florida and that. in addition to the requirements of this Article,
the user and blaster is responsible for compliance with state or federal
explosive reaulations includina. but not limited to, the followina:
3.4,2.1, (a) The United States Department of Labor Occupational Safety and
Health Administration. Occupational Safety and Health Standards. subpart H,
Explosives and Blastina Aaents. section 1910,109, and subpart U, Blastina
and the Use of Explosive B. section 1926,900 throuah and includina section
1926.914.
3,4.2,2. (b) The State of Florida enactment of F.S. ch. 552 and the state fire
marshal's regulatory rules designated as chapter 4A-2, Florida Administrative
Code.
3.4.2,3, (c) The National Fire Protection Association 495. Code for the
Manufacture. Transportation. Storage and Use of Explosive Materials 1'985
Edition.
Sec, 55-3 Sec, 3.4,3. Applicability: permit required,
It shall be unlawful for any person to acquire, possess. handle. dispose "of,
store or use an explosive in Collier County without first obtainina a Collier
County user/blaster permit (hereinafter referred to as "permit") issued
pursuant to the provisions of this Article. A permit obtained by a user in
accordance with provisions of this Article shall be sufficient to authorize those
blasters and handlers who are employed or enaaaed by the user and who are
fully disclosed to Collier County in accordance with permit application
requirements and conditions of this Article.
Page 31 of 123
Words struck through are deleted. words underlined are added
Sec. 55-4. Sec. 3.4.4. Exemptions from permit reauirements.
The followinQ are exempt from the provisions of this Article:
3,4.4,1. (a) The United States Department of the Interior Bureau of Mines.
the Federal Bureau of Investiaation. the United States Secret Service or the
Collier County sheriff's designated employee/personnel and all other ~w
enforcement officials actinQ in their respective official capacities in
performance of their duties. This exemption shall be applicable only to the
personnel of these aaencies and shall not apply to private contractors ;and
subcontractors employed by these aQencies.
3,4.4.2. (b) The sale and delivery of explosives and the sale or use of
pyrotechnics (fireworks) in accordance with applicable Collier County
ordinances.
3,4.4.3, (c) The transportation of explosives through Collier County under
reQulations of the Federal Department of Transportation 49 CFR (Code of
Federal Reaulations) parts 100 to 177.
3,4.4.4. (d) The Armed Forces of the United States or the state militia.
3,4.4,5. (e) The possession, transportation and use of small arms
ammunition and supplies such as black powder and smokeless powder.
Sec, 55-5. Sec. 3.4.5, Permit application reauirements and conditions.
3,4,5,1. (a) General application requirements. Application for the Collier
County user/blaster permit shall be signed by the user and filed with the
enaineerina services department. The application shall detail the purpose, of
the permit and shall include, but shall not be limited to, the followina data and
information or, where applicable. shall have such data and information
submitted as an attachment. It is not the intent of this Article to require an
applicant who has previously obtained a State of Florida user of explosives
license or explosive blaster permit to again produce oriainal data and
information (other than the oriainals requested in (1) through (6) below) that
was supplied as part of the application process for the state license or permit
and which oriainal data and information is on file with the enaineering serviees
department. In the event that application data or information required by this
section has been previously supplied to the department of natural resources,
the applicant may supply copies of such information to Collier County to fulfill
the specific data or information requirement.
3.4.5,1,1. (1) A Collier County finaerprint information card which has been
completed by the user (or its leaal representative). all blasters and handlers.
,
3,4.5,1,2. (2) Full name, address and the telephone number of the user or its
representatives,
3,4,5,1,3, (3) A physical description of the user and all blasters and handlers.
3,4,5,1.4. (4) Finaerprints of the user and all blasters and handlers.
3.4,5.1.5. (5) The sianature of the user and all blasters and handlers.
3,4.5.1.6. (6) Recent photoaraphs of the user and all blasters and handlers.
3,4,5,1,7. (7) Location of the site at which blastina will occur, includina
section, township, and ranae.
3,4,5.1,8, (8) The dates on which the blastina is expected to commence and
terminate and a detailed explanation of the reason and purpose of the
Page 32 of 123
Words struck through are deleted, words underlined are added
blasting.
3.4.6; 1.9. (9) Cøpies of the user's State of Florida user of explosives and
explosive blaster permit licenses and when applicable manufacturers
distributor of explosives State of Florida explosive license.
3.4.6.1.10. (10) Blasting activities will not be permitted within 350 feet of any
existing structures. structures under construction. or within 350 feet of public
rights-of-way. '
3.4,5.1.11. (11) Written authorization or proof of authorization from the owner
of the site. setting forth the name, address and telephone number of the
owner(s) and providing:
a. Authorization to blast on the property: and
b. Authorization for the county's personnel to enter upon the
property from time to time in order to carry out inspections and verify
compliance with the provisions of this Article and the blasting permit.
c. For geophysical seismic operations, legal permission. which may
be in the form of a lease, written permission of an owner of the
minerals, or an affidavit of the applicant affirming that he will obtain
permission to conduct geophysical seismic operations using explosives
for oil. gas, or minerals underlying the lands.
d. Evidence of compliance with the insurance requirements as set
forth in section 55-10 of this Article.
"
e. Evidence of permit approvals, where applicable, from the State
of Florida department of natural resources, or other federal. state or
local aQencies having jurisdiction over the proposed work,
f. A written statement that the user has read this Article and agrees
to conduct all blasting activities in accordance with this Article and all
applicable county and state codes and laws.
Q. The name, address, and telephone number of the seismologist
whose services will be used if conditions warrant for the duration of the
blasting activities.
h. Verification of project development approval by Collier County
when the blasting is to be done in conjunction with such development.
3.4.6.1,12, (12) Any other information or data reasonably req uired and
requested by the County Manager or designee in order to fully review or
evaluate any special circumstances or considerations for permit application
approval applicable to specific blastinQ site(s). (Other information or data
required and requested by the County ManaQer or desiQnee is not intended to
require the submission of Qeophysical information or data when the
confidentiality of such information or data is protected by common law, state
statute or an administrative rule promulQated thereunder.)
3.4,6,2. (b) Blastinq/explosives information.
3.4.6.2.1. (1) A site plan showinQ the intended blasting locations and
expected pattern of explosions. For geophysical seismic blasting a location
map shall be submitted in place of the site plan.
3.4,6,2.2, (2) A full description of the followinQ blastinQ information (in cases
where a manufacturer, distributor or dealer who is acting as a user in
conjunction with a commercial excavation and that site's representative(s) is
Page 33 of 123
Words struck through are deleted, words underlined are added
purchasina explosives and has a user's license, it shall be the responsibility of
the site's user or blaster to supply the appropriate information contained bélow
to the County Manager or desianee for review and approval prior to placement
of explosives within the around):
a. Depth and number of holes.
b. Size of the holes.
c. Size of the explosive charaes.
d. Maximum number of pounds of explosives per hole: maximum
pounds per delay,
e. Number of holes which are planned to be shot each day.
f. Type of initiation device to be utilized. i.e.. blastina caps.
detonatina cord. etc.
a. The pounds per shot when underwater "doby" detonation is
performed (if such information is applicable to the blastina activity).
3,4,5.2.3, (3) When aeophysical seismic blastina is to occur, the application
shall include a list of the names. addresses. social security numbers and
telephone numbers of all employees of the aeophysical seismic parties.
a. The user shall update the list and applicable information should
it become necessary durina the aeophysical seismic operation.
b. The user shall provide a statement that all blasters and handlers
are employed by the user and that the user accepts full responsibility
for the actions of all blasters and handlers while enaaqed in the course
and scope of their employment by user. '
c. The user shall file with the County Manaqer or designee. at the
time of permit application. the name, address, telephone number and
business affiliation of a third party observer(s) who meets all
requirements of this Article.
Sec. 55-6. Soc. 3.4.6. Obliaation of user to utilities.
Prior to permit issuance, the user shall make appropriate arranqements with
all utility companies which may be affected by the blastina to minimize the
chance of damaqe to utility facilities, The user shall notify. at least 24 hours
prior to blastinq, all utility companies which have facilities or equipment which
may be affected by the blastina. '
Sec. 55-7. See, 3.4,7. Permit application review procedures,
3,4.7,1, (a) Upon submittal of a complete application to the office of the
enqineerina services director, processina of the application will commence.
except that:
3,4.7,1.1, (1) A field review of the site may be required at the discretion of the
County Manaqer or desianee.
3,4,7,1,2, (2) Checks may be performed by law enforcement officials on all
permit requests and on the user, blaster. or handler.
3.4.7,1,3, (b) Pre-blast inspections required.
(1) Prior to detonation of explosives a list of all pre-blast inspections
Page 34 of 123
Words 6truck through are deleted, words underlined are added
performed shall be provided to the engineering services department.
Pre-blast inspections are reQuired for structures if one of the following
conditions has been satisfied:
a. If the structure is within a distance of 200 feet times the
sQuare root of the charge away from the blast. as illustrated by
the following formula:
0= 200 x W 1/2
(Where "0" eQuals the distance in feet and "W' eQuals the
weight of the charge in pounds of explosives per delay.)
b, If the structure is within 500 feet of the blast permitted for
any size charge.
(2) Pre-blast inspections shall be conducted by an independent
seismologist. vibration engineer. structural engineer, or their
representative. The pre-blast survey inspection shall consist of
complete documentation of all visible interior and exterior defects
observed at the structure. The inspection documentation shall 'be
prepared on eight and one-half by 11 or eight and one-half by 14
sheet(s) of paper. The date of the inspection must be indicated on the
documentation. '
Interior and/or exterior 35 mm photographs of the structure and
appurtenances containing defects must be identifiable as to the location
and date taken.
A list of all pre-blast surveys shall be received by the engineering
services department no later than five days prior to the planned
commencement of blasting. A location map indicating the streets and
structures involved shall be submitted together with this list.
3.4.7.1.4, ( c) Pre-blast notification required.
"
(1) The applicant shall provide written notification to residents who
have not received a pre-blast inspection of the pending blast at least
ten days prior to the commencement of the initial blast. The notification
brochure shall be mailed or placed on the front door of each individual
residence within the notification radius. A list of the property owners
who were notified shall be furnished to the county prior to blasting.
(2) Notification shall be distributed to all properties containinç¡
structures within a radius calculated for a scaled distance of 200 feet.
plus an additional 50 percent.
(3) The written notification shall describe the blasting which will take
place, its effect on the residents, their ability to obtain a pre-blast survey
and how to contact the user or his or her representative with any blast
related complaints or claims. Property owners shall be given a five-day
window to respond to the availability and their desire to obtain a pre-
blast survey.
(4) If blasting is suspended in an area for a period of 90 days or lonqer,
renotification of all, residents within the radius calculated for a scaled
distance of 200 feet plus an additional 50 percent shall be
accomplished at least seven days prior to the re-commencement of
blasting.
3,4,7,2, (d) Within ten working days after an application has been fully
completed, as determined by the engineering services director, or his
Page 35 of 123
Words struck through are deleted, words underlined are added
designee. and submitted to the engineering services director, or his designee,
the engineerina services director. or his desianee. shall:
3,4,7,2.1. (1) Approve the application and issue a permit with such
conditions, if any, which may be deemed necessary: or
3.4,7.2.2, (2) Notify the permit applicant. in writing. of the reason(s) for the
delay or denial of the permit.
a. If a delay is necessary, the reason(s) for the delay and any
additional required application information necessary to meet the
purpose and requirements of this Article shall be explaineg to the
applicant. in writina. and shall be forwarded by certified mail, return
receipt requested:
b. If additional required information consistent with the intent ,and
purpose of this Article is requested and is not supplied by the applicant
within 30 days after being notified. the notification of delay shall
constitute a notice of denial.
,3.4.7,2,3. (3) When a permit application has been denied by the County
Manager or designee or when a permit has been issued subject to conditions,
the applicant may appeal such decision by filing a written notice of appeal with
the board. with a copy to the County Manager or designee. within ten working
days after notification of such denial or conditions. Within 45 days a public
hearing shall be scheduled before the board at which time the board shall
review those facts presented by the applicant and the County Manager or
designee and shall thereafter determine whether the application is sufficient
and in compliance with the provisions of this Article. Thereafter, the board
shall either render a decision upholding the decision of the County Manager or
designee or shall direct the County Manager or designee to issue the permit
with such stipulations. if any, as may be deemed necessary by the board. '
Sec. 55-8. Sec. 3.4.8. Issuance of permit; prohibitions.
3,4.8.1. (a) Each permit issued by the county shall set forth. at a minimum,
the full name, date of birth. address and telephone number of the user ánd
any conditions or restrictions placed upon the permit by the county.
3,4,8.2, (b) A permit shall be valid solely for the use by the permittee and
shall not be transferred or assigned without written board approval.
3,4,8,3. (c) No permit shall be issued or be allowed to remain in effect for any
natural person:
3,4.8,3.1. (1) Who is under 18 years of age; or
3,4.8,3.2. (2) Who has been convicted of a felony and has not been pardoned
~r had his civil rights restored; or
3.4,8.3,3, (3) Who has been adjudicated mentally incompetent and has not
had his civil rights restored.
See, 55-9, See, 3,4.9. Limitations and conditions,
3,4,9,1, (a) The County Manager or designee shall. in determining and
imposing reasonable limitations and conditions, consider the prevention of
personal iniury, loss of life and damage to property. as well as the general
considerations of public health, safety and welfare.
3,4,9,2. (b) The County Manager or designee may impose limitations and
conditions for each permit issued including. but not limited to, the following:
,
Page 36 of 123
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3,4.9,2.1. (1) A cash or surety bond or letter of credit in such amount as may
be deemed necessary by the County Manager or desianee or the board for
the financial protection of adiacent or nearby public property or facilities. The
bond or letter of credit shall be drawn in favor of Collier County and the terms
of the instrument shall be such that it provides for forfeiture of the bond or
credit upon written demand by the County Manaaer or designee specifyina the
public property or facilities damaaed and the amount of damaae, In the event
that the applicant has provided a cash or surety bond or letter of credit to the
State of Florida in fulfillment of state license bond requirements and the
County Manager or designee determines that such security is in effect in such
amount and type so as to provide the financial protection required bv this
section. the County Manaaer or designee shall permit the applicant to provide
such current security with an endorsement or rider in favor of Collier County.
3.4,9,2.2. (2) A condition limiting the amount and type of explosive which mav
be used at any one time. whether fired or detonated instantaneouslv as a
single charge or bv a delav series charge, as may be deemed bv him
reasonable under the conditions existing in the locale for which the permit is
issued.
3.4.9.2.3, (3) A condition requiring the user to conduct a series of test shots to
determine that vibrations are within required limitations.
3.4,9,2.4, (4) From time to time to change. amend. modify or impose more
restrictive conditions and limitations if circumstances and conditions at and
surrounding the site area concerned so warrant or prove to be necessary in
order to carry out the purpose for which the conditions and limitations were
imposed. '
3.4,9.3, (c) If such conditions and limitations are found bv the County
Manager or designee to be too restrictive, he may modify them accordinalv
within the bounds of the purposes for which they were imposed: provided,
however. the imposed limitations and conditions as to the amount of
explosives permitted in any permit shall not be increased bv the County
Manager or desianee until and unless the permittee shall first demonstrate to
the satisfaction of the County Manager or desianee bv due and proper proof
that the desired increase would not in any event result in a resultant peak
particle velocitv in excess of that prescribed in section 55-13 (e)(1 ),
3.4,9.4. (d) To verify the use of an amount of explosive which will result in
vibrations up to but not exceeding the required limits of this Article. the County
Manager or desiqnee shall require that the user provide a minimum of one
continuous monitorinq seismic instrument for use durina the dailv blastina
seqments to ascertain that described limits are not exceeded at the nearest
buildina or structure. The user shall be responsible for all costs incurred in
providinq such monitorinq.
3,4,9,4,1, (1) The seismic instrument shall be placed at a location either on
the blastina site or the instrument may be relocated to an off-site location.
3,4,9.4.2, (2) The County Manaqer or desianee shall be advised of the
instrument's location.
3,4.9.4.3, (3) The results from the seismic instrument shall be provided to 'and
analvzed bv a seismologist who shall siqn the results of his analvsis. The
seismologist shall be an individual or firm specializina in the measurement and
evaluation of short-term air and around vibrations produced throuqh
detonation of explosives. The seismoloaist shall have experience in
instrumentation. explosives, and the effects of vibration upon structures anå a
minimum of five years experience supervisina and/or monitorinq the use of
explosives.
Page 37 of 123
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3.4.9.4,4. (4) All original records of the seismic analysis will be the property of
the user but a COpy of the seismic results and/or analysis shall be furnished to
the community development and environmental services administrator. or 'his
designee. with full and complete and supporting data within seven days from
the date of the actual blast.
3,4.9.4.5, (5) Each instrument shall be freQuently checked to insure proper
operation and shall be calibrated annually. Notification of the calibration date
shall be supplied to the County Manaaer or desianee.
3.4.9.4.6. (6) The County Manaaer or designee is authorized to waive the
reQuirement for a continuous monitoring seismic instrument if the County
Manaaer or desianee determines that the instrument is unnecessary as a
result of existina monitorina data or in the event that there are no probable
adverse impacts due to the remote and isolated location of the blastina.
Sec. 55-10. Sec. 3.4.10. Issuance.
3.4.10.1. (a) The County Manaqer or desiqnee. as a condition to the issuance
of a permit. shall reQuire evidence of insurance coveraae to protect; the
applicant. Collier County and the public as follows:
3.4.10.1,1. (1) Workers' compensation as reQuired by Florida law.
3.4.10,1,2. (2) Comprehensive qeneral liability (includinq, but not limited to
explosive hazard, collapse hazard. underaround property damaqe. contractual
liability)--bodily injury, personal injury: $1.000.000.00 each occurrence and
aaareaate; property damaae: $1.000,000.00 each occurrence and aaareaate.
3.4,10.1,3. (3) Additional coveraae as may be reQuired dependina on special
circumstances.
3.4,10.2. (b) A certificate of insurance shall be provided to the County
Manaaer or desianee to confirm that the above insurance coverage will be in
effect durina the entire period of blasting. The insurance coveraae shall not be
canceled or chanaed without a minimum of 30 days' prior written notice to the
County Manaqer or desianee.
Sec. 55-11. Sec. 3,4.11. Fees.
3.4.11.1. (a) The followina nonrefundable. nontransferable permit application
fees shall be applicable to all permit applications submitted after the effective
date of this Article:
3,4,11,1.1, (1) A fee set by resolution per site will be charaed for issuance of
a 30-day permit.
"
3,4,11.1.2, (2) A fee set by resolution per site will be charaed for issuance of
a 90-day permit.
3.4.11.1,3, (3) A fee set by resolution per site will be charqed for issuance of
a yearly permit.
3,4.11,1,4. (4) A fee set by resolution will be charaed for each handler who
assists the user or blaster in the use of explosives. It shall be the user and
blaster's responsibility to ensure the handler's permits are kept current with the
County Manaaer or desianee.
3.4,11,1.5. (5) If it is necessary to renew a permit. a renewal fee, set by
Page 38 of 123
Words struck through are deleted. words underlined are added
resolution. per permit will be charged. The renewal shall be for onlY 30 days
and shall only be renewed twice for the same permit.
3.4.11.1.6. (6) Permit fees may be waived in those cases where blasting is to
be performed for a governmental agency.
3.4.11.2. (b) An after-the-fact permit may be granted. at the sole discretio'n of
the County Manager or designee, where it is verified that the applicant has
submitted all application information reauired by this Article and said applicant
would have been granted a permit pursuant to an original application. The
following fees and conditions shall be applicable to an after-the-fact permit:
3.4.11.2.1. (1) A fee set by resolution for the issuance of the permit: and
3.4.11.2.2. (2) A fine set by resolution per detonated shot: and
3.4.11.2.3. (3) Correction of all applicable damages caused by the blastina:
and
,
3.4.11,2,4. (4) A six-month moratorium for the user and blaster on future
permit application reauests within Collier County:
The issuance of an after-the-fact permit or the payment of an after-the-fact
permit fee shall not prevent or prohibit the county from imposing or pursuing
such other administrative. civil or criminal penalties as may be deemed
appropriate.
Sec. 55-12. Sec. 3,4.12. Information and reauirements during and
subseauent to geophysical seismic blasting.
3,4.12.1. (a) For geophysical seismic blasting and under such other
circumstances as may be specified by the County Manager or designee, thè
following reauirements shall be applicable during blasting operations:
3.4.12.1.1. ill The user shall provide a location map of all intended shot
points along all survey lines to the County Manager or designee prior to drilling
and loading any shot holes. The location map shall be appropriately keyed
with symbols and shall be on an aerial photographic base at a scale of 'one
inch eauals 400 feet.
3,4.12.1.2, (2) The user shall provide, at his expense, an independent third
party observer(s) who shall be thoroughly familiar with applicable county
ordinances, the rules of the state fire marshal and current State of Florida
department of natural resources geophysical rules and shall. when practical.
meet all Florida state police board standards. The third party observer(s) shall
witness the drilling, loading. shooting and plugging of all holes detonated by
the user and shall maintain a shooting log book as reauired by the department
of natural resources. In addition, no remedial operations to neutralize an
undetonated shot hole shall take place without the observer(s) also witnessing
the activity. The name, address and telephone number of the independ~nt
third party observer(s) shall be provided to the County Manager or designee
prior to the commencement of blasting operations. Where any reauirement of
this subsection is mandated by state statute or administrative rule as part of
state licensing reauirements, the applicant may comply with the reauirements
of this subsection by providing copies of materials or data supplied to the
State of Florida in fulfillment of the state's reauirement.
3.4.12,1.3. (3) Appropriate signs shall be placed at intervals along the shot
line to advise all persons of an explosive hazard.
3,4.12.1.4. (4) Complete copies of files on the number of blasting caps LJsed
and pounds of explosives used on each shot line shall be provided to the
Page 39 of 123
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County Manaaer or desianee.
3.4.12.1,5. (5) Where necessary due to terrain or unusual aeographic
conditions. transportation to and from the blast site shall be provided by the
user for any county official actina in their respective official capacities in
performance of their duties that is reauired to visit the site for any purpose.
3.4.12.2. (b) The following reauirements shall be applicable subseauent to
blastina operations:
3.4.12.2,1. (1) Within 15 days after completion of each shot line. a survey
base line and exact shot points must be established for future relocation of
each shot hole. The survey must have a minimum closure of one to 5.000.
Such survey shall be made in relation to the nearest section line or other
appropriate line of demarcation so as to insure proper relocation of shot holes
in the future. Leaible copies of all field books and computations shall be
submitted to and retained by the County Manager or desianee. In the event
that survey data reveals that blastina has occurred at other than the permitted
location, the County Manaaer or desianee is authorized to require an after-the-
fact permit application for the area where the blastina has taken place and to
require any and all actions by the user to comply with the intent and purpose
of this Article. The County Manaaer or desianee is further authorized.
however. to waive the permit fee for an after-the-fact permit application where
it is determined that the user has relied in aood faith on inaccurate survey data
or if the County Manaaer or desianee determines that specific site conditions
render the fee inapplicable or unnecessary. '
3,4.12.2.2, (2) The user shall certify in writina that the State of Florida's
bureau of aeoloay's field office representative is satisfied that all owners on
whose property blastina operations have occurred, have been properly
restored includina. but not limited to. removal of pin flags, wire and trash from
the site. and that all detonated holes and ruts have been backfilled to
surroundina arades.
Sec, 55-13, Sec. 3.4,13, Restrictions for the use and handlina of
explosives.
3,4,13,1, (a) Detonation of explosives shall normally be limited to the hours
between 8:00 a.m. and 5:00 p.m. The County Manaaer or desianee may
reduce or waive this time frame due to existina site conditions/locations or
may extend this time frame to all dayliaht hours for sites remote from
residential development.
3,4,13.2. (b) Detonation of explosives shall not occur on Sundays or leaal
holidays. An exception may be aranted for geophysical seismic operations or
when justification is submitted in writina by the user and is subsequently
reviewed and approved by the County Manaaer or desianee.
3,4.13.3. (c) Should structures which are expected to receive a resultant peak
particle velocity in excess of acceptable standards as indicated below require
evacuation or in other circumstances in which evacuation for an extended
period of time (more than two hours) is required. the user shall notify'the
Collier County sheriffs office by telephone a minimum of 12 hours prior to
commencement of the evacuation.
3.4,13,4, (d) Twenty-four hours prior to detonation of explosives or applicable
seaments thereof, the user or blaster shall orally notify the County Manaaef or
desianee and specify the location and proposed time of such blasting. This
time limit may be waived by the County Manaaer or desianee under sPEi!cial
circumstances such as underwater doby detonations.
3,4.13.5, (e) Blastina permit and limits.
Page 40 of 123
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3,4,13,5.1 (1) It shall be unlawful for any person. to blast. fire. detonate or use
any amount of explosive within the territorial limits of the county without fist
obtaininQ a blasting permit as hereinafter provided by this section: provided
that in any event it shall be unlawful for any person to blast. fire or detonafe or
use any amount of explosives which would result in a resultant peak particle
velocity in excess of 0.5 inches per second when measured on the around at
the nearest buildina or structure finished or under construction not owned by
the permittee. or at a location identified by the seismoloaist of record and the
engineerina services director. or designee. A blastina control procedure' is
herby established by adopting an 80 percent rule for controllina blastina in
urban construction environments. If 80 percent of the allowable particle
velocity is exceeded. no blasting may be undertaken until a letter. facsimile
transmission. or telephone call with a follow-up letter or facsimile transmission
is provided by the blastina permit applicant to the county identifvina a revised
blastina mvtholoay which provides procedures that will be implemented to
assure that a peak particle velocity of 0.5 inches per second will not be
exceeded. '
The maximum allowable airblast. measured at the nearest buildina or
structure not owned bv the permittee. or when measured at a distance of
5,280 feet from the blast shall not exceed 129 decibels when measured by an
instrument havina a flat frequency response over a ranae of at least 6 to 200
hertz. If the airblast is measured with an instrument havina a flat frequency
measure over a ranae of at least 2 to 200 hertz. the correspondinQ limit is 1.33
decibels.
The followina requirements shall apply to all blastina within the urban
boundaries of the county:
a. Overburden shall not be removed prior to blastinQ. When
overburden exceeds four feet of depth. a minimum of four feet of
overburden shall remain in place prior to blastina.
b. Stem all blast holes within 1,000 feet of the nearest structure
based on a GPS measurement with 89 stone or approved eQual
material to confine the aaseous products of detonation.
c. The "borehole" surroundina the blast tube shall be backfilled to
ensure stability of the ~Hound surface.
d. All surface detonators shall be covered or buried.
e. All charges shall be at (oriainally placed) proper depth priór to
the detonation of multiple blasts.
3,4.13,5.2, (2) Exception. Upon written request, the County Manaaer or
desianee may authorize the resultant peak particle velocity exceeding the
aforementioned limits when vibration levels specified in the Alternafive
Slastina Criteria of the United States Bureau of Mines Report and
Investigations No. 8507. Structure Response and Damaae Produced by
Ground Vibration from Surface Mine Slastina are used.
3.4.13.5,3, (3) Explosives shall not be abandoned or left in an unsecured
location.
"
3,4,13,5,4, (4) In the event that a charaedlloaded hole does not detonate the
user or blaster shall take whatever action is necessary under the conditions
prevailina at the site to neutralize the misfire the same date as placed ;and
prior to the continuance of 10adina/drillinQ more holes. Should the depth of the
explosive be such as to prohibit recovery or neutralization the same date as
placed and the explosive is irretrievable or neutralization is impracticable, the
Page 41 of 123
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user shall ensure that the charQed/loaded hole's location shall be documenfed
and noted utilizing existing landmarks to facilitate return to the location as
necessary. and with the actual pinpoint location by survey provided to, the
County Manaaer or desianee.
3.4.13.5.6. (5) Prior to the detonation of any explosives within commercial
excavations and durina the course of the day's blastina activities. a warning
sianaJ such as a horn or siren. audible at adiacent properties. shall .be
sounded a minimum of one minute prior to detonation and an all-clear siQnal
shall also be sounded upon completion of the blast(s). This warninQ siQnal
shall be of sufficient duration (a minimum of 30 seconds) to allow complete
alert of all individuals adjacent to the blast area.
3,4.13.6.6. (6) BlastinQ caps shall not be loaded throuah the drill steel. also
known as the "Kelly bar. II
3.4,13,6.7. (7) A record of blast data shall be recorded on daily blastinQ 10Qs.
The 10QS shall be maintained by the user or blaster on an approved form with
copies of the completed 10QS submitted to the County ManaQer or desiqnee
monthly unless otherwise requested.
3.4.13.6.8. (8) Overspray from all detonations shall be contained at the blast
site.
3.4.13,5,9, (9) All explosives placed in the Qround must be detonated the
same date as placed and must not be left in the Qround overniQht. If
conditions so warrant and with justification the County ManaQer or desiQnee
may authorize "sleepers" provided. however:
a. The County ManaQer or desiQnee receives verbal and followed
by written approval from the bureau of explosives and fire equipment
office of the state fire marshal. Tallahassee. Florida; and '
b. The Collier County sheriff's office receives verbal information
confirminQ the location/condition of such "sleepers"; and
c. The user utilizes niQht security alonQ with takinQ other
appropriate protective safeQuards.
.'
1. Exception for Qeophysical seismic users. For Qeophysical
seismic operations. overniQht security shall not be required when
the explosives are loaded at a depth that avoids deformation of
the Qround surface upon detonation; provided, however, that the
explosives are locked in the hole at the intended depth of burial
with a borehole anchor and/or a sealinQ material to prevent
removal.
~ec. 55-14. SeG. 3.4,14, Sale or disposal; inventory; theft or iIIeaal use.
3,4.14.1, (a) Sale or disposal to person without permit. It shall be unlawful:
1. For any person to sell or otherwise dispose of any explosive to
any other person who does not have a valid permit.
2. To dispose of any explosive not owned by the user, without
providinQ a minimum of 24 hours' prior notice to the Collier County
sheriffs office and the County Manaaer or desianee.
3.4,14,2. (b) Inventory, Every user havinQ any explosive in his possession,
dominion or control shall have on file a schedule or inventory form accurately
settinQ forth the Quantity and description of such explosives.
Page 42 of 123
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3.4.14.3. (c) Revorts of theft. illegal use or loss.
;
3,4.14.3,1, (1) In the event any explosive is stolen. misplaced or lost or there
are unexplained shortaQes, such occurrences shall be reported immediately
after discovery to the Collier County sheriff's office and the County Manaaer or
desiQnee. Within 12 hours after discovery, in accordance with F.S. & 522.113,
notification shall be iven to the bureau of ex losives and fire e ui ment office
of the state fire marshal. Tallahassee, Florida, and within 24 hours a er
discovery notification shall also be Qiven to the federal Bureau of Alcohol.
Tobacco and Firearms' nearest office.
3.4,14,3.2. (2) The area in which the incident occurred shall be secured until
an investiQation has been made and the scene released by the investigatinQ
aQency.
Sec. 55-15. Sec. 3.4.16. Revocation andlor suspension of permit.
3,4,15,1. (a) Permits may be revoked and/or suspended by the County
ManaQer or desiQnee for the followinQ reasons:
3,4,15.1.1. (1) Noncompliance by the user, his aQents or employees with any
directive of the County ManaQer or designee relating to the permits, the
permittinQ process, permit limitations, stipulations or conditions, or any related
matter.
3,4,15,1.2. (2) The County ManaQer or desiQnee determines that the blastinQ
has caused actual personal or real property damaQe to a party other than the
user or blaster and determines that a suspension or revocation of the permit is
necessary to investiQate and/or remedy the blastinQ activities resultinQ in the
damaQe.
3.4.15,1.3. (3) In the event that false information was Qiven or a
misrepresentation was made to obtain the permit.
3.4.15.1,4. (4) In the event the permittee is a fUQitive from justice.
3,4,15,1,5, (5) In the event the permittee has been judicially determined to be
mentally incompetent.
3,4.15.1.6. (6) Violation by the permittee of any provision of any explosives
law or reQulation or provision in this Article.
3,4.15,2, (b) When a permit is revoked and/or suspended by the County
ManaQer or desiQnee, the permittee shall be notified of the revocation and/or
suspension and the reasons therefore, in writinQ by certified mail, return
receipt requested, or such notification may be hand delivered to the user., or
blaster at the blastinQ site. Such revocation and/or suspension shall be
effective immediately upon receipt, if by mail, or immediately upon hand
delivery. In the event. however, the County ManaQer or desiQnee deems it
necessary to protect the health, safety or welfare of the public or to prevent
probable damage to private or public property the County ManaQer or
desiQnee may orally direct the suspension and/or revocation of a permit. Such
revocation and/or suspension shall be effective immediately and written notice
shall be provided to the permittee by certified mail within five workinQ days
thereafter.
3,4.16,3. (c) Upon such revocation and/or suspension of permit, the County
ManaQer or desiQnee shall provide notice to the Collier County sheriff's office
and such other aQencies as he may deem appropriate.
3,4.16,4. (d) When a permit has been revoked and/or suspended by the
Page 43 of 123
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County Manaaer or desianee. the permittee may appeal such decision by ~Iing
a written notice of appeal with the board. with a copy to the County Manaaer
or desianee, within ten workina days after notification of such revocation
and/or suspension. Within 45 days after the filina of the notice of appeal. A
public hearina shall be scheduled before the board. At such hearina the board
shall review those facts presented by the permittee and the County Manager
or desianee and the board shall thereafter determine whether the revocation
and/or suspension was in accordance with the provisions of this Article. The
board shall render a decision upholdina the decision of the County Manaaer or
desianee or shall direct the County Manaaer or desianee to lift and remove the
revocation and/or suspension of the permit.
3.4.15.5. (e) In the event that a permit is revoked and/or suspended by the
County Manaaer or desianee and. if appealed. such revocation and/or
suspension is upheld by the board. it shall be necessary that a new
application be submitted to and approved by the Count~ Manaaer or
desianee. Such approval shall be in accordance with the provisions of ' this
Article unless the County Manaaer or desianee determines. in writinq. that
such new application is unnecessary and does not further the intent and
purposes of this Article. Such determination by the County Manaaer or
desianee shall become part of the permanent permit file.
Sec. 55-16. Sec. 3.4,16. Authority vested in the enaineerina services
director.
3,4.16.1, The enaineerina services director is vested with the authority to
administer and enforce the provisions of this Article and is authorized and
directed to take any action authorized by or contemplated by this Article to
insure compliance with or prevent violation of the provisions of this Article.
Sec. 55-17. Sec. 3.4.17. Penalties,
Any firm, partnership. corporation, individual or other entity who violates the
provisions of this Article. or fails to comply with any requirement of this Article
shall be auilty of a misdemeanor and, upon conviction thereof. shall be fined
or imprisoned, or both. as provided by law. and in addition shall pay all costs
and expenses incurred in the prosecution of such violation. Each violation and
each day that a violation continues shall constitute a separate offense," In
addition, and as an alternative means of enforcement, Collier County ma~
enforce the provisions or requirements of this Article by means of ,an
available civil remedy in a court of competent jurisdiction.
Sec. 55-18. Sec. 3.4.18. Previously issued permits.
The provisions of this Article shall qovern all permits issued after [the effective
date of this sectionl.
Chapters 56-57. RESERVED,
SUBSECTION 2.E, RELOCATION OF DIVISION 3,5, EXCEPT SEC. 3.5,11.
(LITTORAL PLANTINGS), EXCAVATION
Code of Laws Chapter 22 is amended to read and create Sections 22-106,
to 22-119 as follows:
Sec. 22-106. Sec, 3.5.1. Title and citation,
This Article shall be known and may be cited as the "Collier County
Excavation Reaulations. "
Sec, 22-107, Sec. 3.5.2. Purpose.
Page 44 of 123
Words struck through are deleted, words underlined are added
The purpose of this Article is to establish a reasonable reaulatory framework
to reaulate excavations within the county so as to minimize any potentially
adverse impacts of the excavation activity on public health. safety and welfare
of the citizens of this county and its natural resources,
Sec. 22-108. Sec, 3.&.3. Applicability: permit reauired.
It shall be unlawful for any person. association. corporation or other entity to
create. attempt to create. or alter an excavation without having obtained a
permit therefor. except for public capital facility proiects. or as otherwise
provided herein.
3.5.3.1. (a) Excavations are defined as the removal of any material to a depth
areater than three feet below the existina arade over any area, or one foot
below existina arade over an area areater than 10.000 square feet.
3.5.3.2. (b) Excavations on undeveloped coastal barriers shall be prohibited,
except as specified in section 3.03.07 C. of the Land Development Code.
.Sec. 22-109. Soc. 3.&.4. Exemptions,
The followina activities. to the extent specified herein, are exempt from; the
requirements of these sections, provided that no excavated material is
removed off-site. but are subiect to compliance with all other applicable laws
and county ordinances:
3,5,4,1, (a) Earth movina in conjunction with any routine maintenance activity
which restores the excavation to the final. and previously excavated, slope
and depth confiauration approved by the board. or with the installation of an
underaround utility which is to be backfilled. Material aenerated by such
maintenance activity may be hauled off-site with administrative staff level
approval. if so specified in an approval letter.
3.5.4.2. (b) Foundations of any buildina or structure, providina the excavation
will be confined to the area of the structure only.
3.5.4.3. (c) Excavations relatina to the accessory use of property which by
nature are of limited duration and designed to be filled upon completion, le..
araves. septic tanks. swimmina pools. fuel storaae tanks. etc.
3,5.4,4. (d) The rearadina only of any property for aesthetic purposes,
includina bermina or contourina. that does not create a body of water or affect
existina drainaae patterns or remove native vegetation in excess of cou'hty
standards.
3.5.4.5, (e) Aaricultural drainaae and irrigation work incidental to aaricultural
operations (see section 22-110 (2) for off-site haulina).
3.5,4.5,1, (1) Excavations incidental to agriculture surface water manaaement
and water use facilities as included in existina South Florida Water
Manaaement District permits. All excavated materials must remain on lands
under the same ownership. Any transportation of materials over public roads
is subject to appropriate transportation road use fees.
3.5,4,6. (f) The aradina, fillina. and movina of earth in conjunction with road
construction within the limits of the riaht-of-way or construction easement
when the construction plans have been approved by the Collier County or
state department of transportation.
3,5,4.7, (a) Farm animal waterina ponds or excavations located on sinale-
family lots/tracts where the net property size is two acres or more are exempt
Page 45 of 123
Words struck through are deleted, words underlined are added
from the permittino procedures contained in this Article. but must comply With
all the construction standards of this Article. Such exemptions apply only if:
3.6.4,7.1. (1) Excavation does not exceed one acre in area and 20 feet in
depth.
3,5.4.7.2. (2) A buildino permit for a sino/e-family home must be issued prior
to the county issuino a letter of exemption.
Activities set forth in sections 22-109 (a), (except removal of excess material)
22-109 (b), 22-109 (c), 22-109 (e). and 22-109 (f) above do not reauire letters
of exemption. Activities set forth in sections 22-109 (d) and 22-109 (0) reauire
plans or drawinos of the proposed activity to the enoineerino plan review
department for a formal letter of exemption. '
Sec. 22-110. Sec. 3.6.&. Excavation review procedures.
3.5.&.1. (a) Types of excavation permits. The permits reauired by this Article
shall be issued by the development services department in accordance with
the procedures set forth herein and shall come under one of the following
cateoories:
3.5.5.1.1. (1) Private excavations. Private excavations are considered to be
an excavation on non-commercial property where the excavated material is
not removed from the property and where the disturbed surface area at orade
does not exceed two acres. Where more than one excavation is proposed for
the same piece of property or properties under common ownership and the
combined disturbed surface area exceeds two acres. the permits shall not be
issued as a private excavation.
3.5.&,1.2, (2) Commercial excavations. (Types I, /I, & /II (A, B, C, OJ)
Commercial excavations are considered to be any excavation wherein; the
excavated material is removed from the subject property. Except that up to
4,000 cubic yards of excavated material may be removed from an
aoriculturally zoned site if the fill is the result of a leoitimate aoricultural use as
defined in other sections of this Code.
For purposes of this section, the followino definitions shall apply:
Type I commercial excavation--Located in estates zonino districts with a
surface area less than three acres with an excavated material volume less
than 60.000 cubic yards.
Type /I commercial excavation--Located in estates zonino districts with
dimensions oreater than those listed for type I commercial.
Type 11/ A commercial excavation--Located in aoricultural zonino districts with
a volume less than 100,000 cubic yards.
Type /II B commercial excavation--Located in aoricultural zonino districts with
a volume eaual to or oreater than 100.000 cubic yards and less than 500,000
cubic yards.
Type /II C commercial excavation--Located in aoricu/tural zonino districts with
a volume eaual to or oreater than 500.000 cubic yards and less than or equal
to 5.000,000 cubic yards.
Type 11/ 0 commercial excavation--Located in aoricultural zonino districts with
a volume oreater than 5,000,000 cubic yards.
All approved developments with offsite haulino activities will be considered
Type III B commercial excavations.
Page 46 of 123
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The minimum lot size for any Type III commercial excavation shall be 20
acres.
3.6.6.1,3. (3) Develo/Jment excavation. Development excavations are
considered to be any excavation located within the boundaries of a planned
unit development. or subdivision development. havinQ approved construction
plans (to include SOPs), or an industrial or commercial proiect. or where the
disturbed area of an excavation exceeds two acres, but no fill is removed from
the subiect property for whatever purpose provided that:
,
a. The excavations were clearly defined and detailed as to location.
size, shape. depth and side slopes durinQ the development's review
process and, if applicable, approved by the board after appropriate
public hearinQs.
b. If approved by the board durinQ the rezone and/or preliminary
subdivision plat process, excavated material in an amount up to ten
percent (to a maximum of 20,000 cubic yards) of the total volume
excavated may be removed from the development. Intentions to
remove material must be clearly stated durinQ the development's review
and approval process, ¡
3,6.5.2. (b) Issuance of permits.
3,5,5.2,1, (1) Issuance of private and development excavation permits. The
County ManaQer or desiQnee may administratively approve and issue priv~te
and development excavation permits where all of the applicable standards of
this Article have been met. When, in his opinion, the standards have not been
.
met, the application shall be submitted to the environmental advisory council
for recommendation with ultimate approval or denial required of the board.
3.5,5,2,2. (2) Issuance of commercial excavation permits. Applications for
commercial excavation permits shall be reviewed by the community
development and environmental services administrator, or his desiQnee, ánd
by the environmental advisory council for recommendation and approved by
the board. When a request is made to remove surplus fill material from a
previously approved development excavation, the requirement for review by
the environmental advisory council shall be waived. but dependent on haul
route and amount of fill to be hauled, staff may require approval by collier
county planninQ commission.
"
3.5,5.3, (c) Notice of meetinq. The County ManaQer or desiQnee shall Qive
prior written notice of the environmental advisory council meetinQ, by first
class mail. as noted in section 22-111 (a)(3)d., to all adjacent property owners
(within 300 feet of the property line or within 500 feet of the excavation itself)
as determined by reference to the latest official tax rolls.
For Type I and Type II excavations, all owners of existinQ homes or homes
under construction, (i.e. havinQ broken Qround on the date of submittal of the
excavation permit application) within one mile of the site alonQ the haul route
must be notified in accordance with section 22-111 (a)(3)d. of this Code. Such
property owners may request that the item be heard by the board of county
commissioners at a public hearing.
3,5.5,4. (d) Excavation permit criteria. Approval by the site development
review director and the board shall be Qranted only upon competent and
substantial evidence submitted by the applicant. that:
3.5,5,4,1. (1 )The excavation will not interfere with the natural function of any
sanitary, storm or drainage system, or natural flow way, whether public or
private, so as to create floodinQ or public health hazards or ieopardize the
Page 47 of 123
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functions of the natural resources and environment of Collier County.
"
3,6.5.4.2. (2) Dust or noise generated by the excavation will not cause a
violation of any applicable provisions of This Article. Rock crushing operations
or material stockpiles that will be adiacent to any existing residential area may
require separate county approval.
3,6.5.4.3. (3) The excavation will not adversely affect groundwater levels,
water quality, hydroperiod or surface water flowways. The County Manager or
designee may require the applicant to monitor the quality of the water in the
excavation and adiacent ground and surface waters. Under no circumstances
shall the excavation be conducted in such a manner as to violate Collier
County or applicable State of Florida water quality standards.
3,5.5.4.4, (4) The excavation will be constructed so as not to cause an
apparent safety hazard to persons or property.
3,5.5.4.5. (5) The excavation does not conflict with the arowth manaaement
plan or land development regulations adopted pursuant thereto, nor does it
conflict with existina zonina reaulations. Special criteria and approval
procedures may be necessary for projects within the Bia Cypress Areá of
Critical State Concern.
3,5,6,4.6. (6) In cases where a wetland is no longer capable of performina
environmental functions or providina environmental functions or providing
environmental values or in cases where it is determined that no reasonable
alternative exists other than disruptina a wetland, certain alterations may be
allowed, except as otherwise authorized throuah previous county reyiew
processes.
3.5.5.4.7. (7) Flow of water within and through preserved wetlands shall not be
impeded.
"
3,6.5,4,8. (8) Appropriate sediment control devices (hay bales, silt screens,
etc.) shall be employed to prevent sedimentation within the wetland pursuant
to the design requirements of section 10.02.02 of the Land Development
Code. Any buildina site adjacent to a wetland and elevated by fillina. must
employ the same erosion control devices. Fill must be stabilized usina sod.
seed, or mulch.
3.5.5,5. (e) Other permits required. All appropriate state and federal permits or
approvals for work in jurisdictional areas shall be provided to the County
Manaaer or desianee prior to issuance of an excavation permit.
The excavation permit shall include authorization to remove veaetation within
20 feet of the lake control contour elevation and for the stockpile area.
3.5,5,6, (f) Fees and Quarantees. Upon community development and
environmental services administrator, or his desianee, approval on behalf of
,
the board of county commissioners, the applicant will. within 60 days of written
notification from the community development and environmental services
administrator. pay the required permit fee, road use fee if required, and post. if
required, the appropriate performance guarantee. in a format approved by the
county attorney. In addition. the applicant shall provide written proof of
payment of road use fees in accordance with section 3.5.9.3., if required.
Failure to pay the fees and post the auarantee, within this time period snail
constitute abandonment of the excavation permit application and will require
complete reapplication and review in accordance with all requirements in
effect at the time of reapplication, with the following exceptions:
3,&.5.6.1, (1) Upon receipt of an applicant's written request with sufficient
Page 48 of 123
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justification. as determined bv the Countv Manaaer or desianee. and pavment
of a time extension fee, the Countv Manaaer or desianee may, one time onlv,
authorize the extension of the permit issuance time for UP to an additional 60
days. J
3.&,6.6.2. (2) All previously approved excavation permits that have vet to be
issued by the County Manaaer or desianee become eligible for the above time
extensions upon the effective date of this Article.
3.5.6.7. (a) Duration of excavation oermits.
;
3.&.&.7.1, (1) Private excavation and type I and type II commercial excavation
permits shall be valid for a period of 12 months from the date of issuance. If
the work is not completed in that time, a second application. with a
reapplication fee must be submitted to the Countv Manaaer or desianee,
requestina up to an additional 12 months to complete the excavation. If the
County Manaaer or desianee finds sufficient aood cause to arant the requést.
a permit extension will be issued.
3.5.5.7.2, (2) Commercial tvpe III and development excavation permits will be
of indefinite duration or until the excavation reaches the limits of the permitted
size, provided the excavatina operation remains active in accordance with the
requirements of this Article.
,
Sec. 22-111. Sec. 3.5.6. Application reauirements for excavation permits.
3,5,6.1. (a) Unless otherwise directed, one copv of all required application
documents shall be submitted to the Countv Manaaer or desianee on a form
to be supplied bv Collier Countv. The application shall include, but not be
limited to. the followina information:
3.5.6,1.1. (1) The name. address and telephone number of the applicant or his
aqent. and. if known. the excavator.
3.6.6.1,2. (2) Proof of ownership. leqal description and location of the propertv
involved. A small location map, drawn on 8 1 -inch bv 11-inch paper. shall
accompanv the application. clearlv showinq the location of the proposed
excavation(s) in relation to commonlv recoqnized landmarks.
3,5,6.1.3. (3) A siqned statement provided bv the countv and completed bv the
applicant or his aqent which includes:
a. A statement that he has read this Article and aqrees to conduct
the excavation in accordance with this Article. this Code and other
countv and state codes and laws,
b. A statement of the purpose of the excavation and intended use
of the excavated material. "
c. Exhibits prepared and sealed bv the project's surveyor/enqirleer
showing:
1. The boundaries of the property.
2. Existinq qrades on the propertv.
3. The level of the mean annual hiqh and low water table
with supportina information relative to how elevations were
determined.
4, The qrades which will exist followinq the completion of the
excavation.
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5. The volume of the excavation as measured from the
natural orade.
6. Easements. existino utilities. roads and setbacks. and
zoning.
7. Orainaoe and flowwavs.
8. Aerial limits of any special site veoetation such as
manorove. cypress or other wetland species.
9. For development and all type III commercial excavations.
loos of soil auoer borinos with field classification shall b~
provided. unless existino recent data is available and provided to
the County Manaoer or desionee. for use in determining
minimum and maximum depths and appropriate side slópe
confiourations and evidence of any confinino lavers. (this latter to
determine if on-site or adjacent wetlands are "perched,") The
depth of the soil auoer borinQs shall extend to a point at least
one foot below the proposed bottom elevation of the excavation.
and shall be of at least the followino density accordino to size of
each excavation: zero to four and nine-tenths acres/two
locations: five to nine and nine-tenths acres/three locations; ten
acres or more/three locations plus one for each additional' 20
acres or fractional part thereof.
10. For private and type I commercial excavations. two auoer
borinos or a simple machine excavated hole to a depth of 13 feet
below the wet season water table must be submitted.
11. For type I and type " commercial excavations. the site
must be posted with a notification of the date. time. and locatio~
of the public hearino before the board of county commissioners.
12. For type I and type " commercial excavations. a map of
all existinQ dwellinos and dwellinQs under construction at the
time of submittal of the application alonQ the haul route. one mile
in any direction, must be submitted alono with envelopes having
postaoe for two ounces and addressed to the owners of thQse
dwellinos or dwellinos under construction.
d. If the project is to be submitted to the environmental advisory
council. a list of the names and addresses. obtained from the latest
official tax rolls. of all owners or owner associations of property within
one-fourth mile of the excavation or on-site vehicle access route or
within 300 feet of the property lines of the property on which the
excavation is to be performed. whichever is less. The applicant shall
also furnish the County Manaoer or desiQnee with said owners' names
and addresses on pre-addressed four inches bv nine and one-half-inch
envelopes with first class. plus one additional ounce. postaoe readý for
mailing.
For type I and type " excavations. all owners of existinQ homes or
homes under construction (i.e. havinQ broken Qround on the date of
submittal of the application) within one mile of the site alono the haul
route must be notified. The petitioner shall submit a list of these
homeowners alonQ with stamped. havinQ two ounces worth of first class
postaoe, pre-addressed envelopes to the community development
division. enQineerinQ review department.
e. Water manaoement plan detailino methods for the conservation
Page 50 of 123
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of existing on-site and off-site surface drainaae systems and
aroundwater resources. Copies of an appropriate surface water
manaaement permit and/or water use permit (dewaterina) as required
and issued bv the South Florida Water Manaqement District shall be
provided to the County Manaqer or desianee prior to commencinq the
excavation operation.
f. If excavated material will be removed from the property. and
unless, due to site-specific circumstances. the requirement is waived bv
transportation operations director, a traffic and road impact analysis will
be made bv the applicant to address the following:
1. Identifying the project's zone of influence. that is. the
distance from the site that traffic is either qenerated from or
attracted to.
2. The existinq condition of the road system within the
excavation proiect's zone of influence.
3. The capacity of the road system within the zone of
influence to handle existinq traffic, normal qrowth in the traffic.
and additional traffic generated from the excavation project in
consideration of the time frame of the traffic qeneration and the
wheelloadinqs of such traffic.
4. The site-specific road work within the zone of influence
which is necessary prior to the start of the project and which will
be necessary durinq the project so as to assure that premature
road failure and/or severe road damage will not occur.
"
5. Road work to be undertaken bv the applicant to mitiqate
adverse road impacts alonq with confirmation of the security. if
applicable. to be provided bv the applicant to assure completion
of the identified road work. Anv and all security and/or
performance quarantee required in excess of $100,000.00 as set
forth in the road use analvsis shall be secured or quaranteed in
accordance with section 3.5.10.
Should there not be concurrence bv transportation operations
director and the applicant, about the improvements,
maintenance. performance quarantee and/or other requirements
on the part of both parties based on the road impact analysis,
the permit application alonq with applicable information shall be
subject to review and recommendation bv the Collier County
Planninq Commission followed bv review and action bv the
board.
q. The permittee may provide a phasing plan whereby the required
performance quarantee may be reduced provided that security
requirements are met in the first phase. No excavation shall take place
in future phases until either the first phase is completed and approved
bv Collier County or additional security requirements are provided for
the future phase(s) of work. Performance quarantees for platted lakes
shall be in an amount equal to the enqineer's certified construction
estimate.
3,5.6,2. (b) Should blastinq be necessary in conjunction with the excavation,
all blastinq shall be done under an approved Collier County user/blaster permit
with no overburden removed prior to blastinq from the area planned for
excavation unless otherwise approved bv the County Manaqer or desiqnee.
Said permits shall be obtained from the Collier County development services
department. Should approval for blastinq not be qranted to the applicant, the
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applicant shall remain responsible to meet any and all reauirements of an
approved excavation permit unless the subject excavation permit is modified
in accordance with this Article.
3.6,6.3. (c) If trees are to be removed as a result of the excavating operation.
a simultaneous submittal shall be made to the environmental staff of the
planninQ services department. Approval bv environmental staff will constitute a
permit for removal of the veQetation when the excavation permit is Qranted.
3.6.6.4, (d) If the application is made bv any person or firm other than'the
owner of the property involved. a written and notarized approval from the
property owner shall be submitted prior to processinQ of the application.
Sec. 22-112. Sec. 3.5.7, Construction reauirements for the construction
of excavations.
All reauirements of the South Florida Water ManaQement District. Permit
Information Volume IV. alonQ with the following reauirements. shall applv to all
excavations.
3,6,7.1. (a) Setbacks. Excavations shall be located so that the control
elevation contour of the excavation shall adhere to the followinQ minimum
setback reauirements:
3,6,7,1.1, (1) Fiftv feet from the riQht-of-way line or easement line of any
existinQ or proposed. private or public, street. road. hiQhwav or access
easement. Exceptions to the above-referenced setbacks may be developed
and shall be subject to final approval bv the development services
administrator or his desiQnee. Said exceptions shall be based upon
recoQnized standards for traffic enQineerinQ and road desiQn (AASHTO and/or
Manual of Uniform Minimum Standards for DesiQn, Construction and
Maintenance for Streets and HiQhwavs. State of Florida) and shall incorporate
such factors as road aliQnment. travel speed. bank slope, road cross section,
and need for barriers. However. lakes immediatelv adjacent to "T
intersections" shall be located based on a specific desiQn analvsis bv the
applicant's enQineer which provides for safety and traffic considerations at the
intersection.
3.5,7,1.2. (2) Fiftv feet from side, rear. or abuttinQ property lines, except where
the excavation is located in aQriculturallv or industriallv zoned districts abuttinQ
a residentiallv zoned district. the setback shall be 100 feet from the
residentiallv zoned property. Exceptions to these setbacks may be Qranted if
the followinQ criteria are met: installation of proper fencinQ (minimum four feet
chain link). berms. walls. or other enQineered protective measures for the
portion of the property line within 100 feet of the lake. The minimum setback
from any property line to the control elevation contour shall be 20 feet.
3,6,7.1,3, (3) From jurisdictional wetlands setbacks will be determined usinQ
standards set bv SFWMD.
3,5.7.2, (b) Side slopes. The finished side slopes of the excavated area.
expressed as the ratio of the horizontal distance in feet to one foot of vertical
drop. shall be as follows:
A maximum four to one slope shall be Qraded from the existinQ grade to a
breakpoint at least ten feet below the control elevation. Below this breakpoint,
slopes shall be no steeper than two to one.
3.6,7,2.1. (1) All QoverninQ side slopes shall be considered from 20 feet
outside the control elevation contour of the resultinQ excavation.
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3.6.7,2.2. (2) If rock, homogenous to the bottom of the excavation. is
encountered at any elevation above the breakpoint. then the remainina slope
below the breakpoint shall be no steeper than 0.5 to one. If said homoaenous
rock is encountered below the breakpoint. then the slope below the breakpoint
shall be no steeper than two to one to the rock elevation, and no steeper than
0.5 to one from the rock elevation to ten feet below the control elevation.
3.5.7.2.3, (3) In the event that property where a commercial or exsmpt
aaricultural excavation was previously excavated is rezoned/developed for
uses other than agriculture. the excavation shall be modified to the standards
for development excavations in accordance with the reauirements of section
22-112 (b) proper. or other criteria as may be more strinaent.
3,5,7.2,4, (4) Exceptions to the side slope reauirements that may be justified
by such alternatives as artificial slope protection or vertical bulkheads shall be
approved in advance by the site development review director, where
justification shall be documented in a desiqn analysis prepared by a
professional enaineer reaistered in the State of Florida. Bulkheads may be
allowed for no more than 40 percent of the shoreline lenqth.
.3.,5.7.2.5. (5) Reserved.
3,5.7.2.6, (6) No building construction permits will be issued for any proPQsed
construction around the perimeter of any excavation where the minimum
clearance between the excavation top-of-bank and the proposed building
foundation is less than 30 feet. unless and until all side slopes adjacent to the
proposed construction have been completed and approved by the County
Manager or desianee. Exceptions to this reauirement will be made in those
instances where the perimeter of the excavation will be bulkheaded in
accordance with the provisions of section 22-112 (b)(4).
3,5,7.3. (c) Depths. Unless site conditions, water auality or soil information
indicates otherwise, the excavation depths as measured from the permitted
control elevation shall be as follows:
3,5,7.3.1, (1) Maximum. Private and development excavations shall not
exceed 20 feet in depth unless computations usina the "fetch formula" of
maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper
depths are feasible, The mean fetch shall be computed as follows: (A+B)/2
where "A" is the averaae lenath parallel to the lonq axis of the excavation and
"B" is the averaae width of the excavation as measured at riaht anales to the
lonq axis.
Commercial excavations shall not exceed 20 feet in depth unless otherwise
supported by the "fetch formula," or if it can be shown from a comparative
water auality study that depths in excess of 20 feet will not, because of aauifer
conditions or relative location to coastal saline waters, have a detrimental
effect on the aroundwater resources in the surroundinq area.
3,5.7:3,2, (2) Minimum. In order to assure that unsiqhtly conditions or
undesirable aauatic arowth will not occur in wet retention areas durina the dry
season of the year, the bottom elevation of these excavations shall be at le'ast
six feet below dry season water table.
3,5.7,3.3, (3) Over-excavation. In those instances where the excavator over-
excavates the depth of the excavation by more than an averaae of ten
percent. written justification shall be submitted to the County Manager or
desianee by the project's surveyor/enaineer providinq an assessment of the
impact of the over-excavation on the water auality of the excavation. If, upon
review of the assessment statement by the County Manaaer or desianee and
environment advisory council, the increased depth is found to be
unacceptable, the permittee shall be reauired to fill the excavation to; the
Page 53 of 123
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permitted depth with materials and methods approved by the County Manager
or designee. If the depth is deemed acceptable by the County Manager or
designee and approved by the environmental advisory council. a penalty will
be against the permittee for the volume of over-excavated material. T.he
penalty shall be set by resolution for each additional cubic yard of excavated
material.
3.5,7,4. (d) Fencinq. If. at any time. the County Manager or designee finds that
the location and conditions of an excavation are not in. or able to be brought
into. compliance with all requirements of this Article. the excavation shall be
buffered with a minimum of a four-toot-high fence with "No Trespassing" signs
as deemed appropriate by the County Manager or desianee to deter passage
of persons.
:t6.7.5, (e) Hours of operation. Hours ot equipment and blasting operations
shall be regulated by appropriate county ordinance and state laws. Unless
otherwise approved by the County Manager or designee. all excavation
operations with the exception of dewatering pumps. which are within 1.000
feet of developed residential property, shall be limited to operating hours
between 7:00 a.m. and 5:00 p.m.. Monday through Saturday. Hours' of
operation for private and for type I and type II commercial excavations shall be
7:00 a,m. to 5:00 p.m.. Monday through Friday. Additionally, such excavation
operations shall be in compliance with any and all county ordinances which
establish operating controls by hours. days. noise level. or other parameters
relating to public health. safety and welfare.
3.5,7,6, (f) Restoration. Upon completion of the excavation operation. ~he
subject property shall be restored as required by the 1986 State of Florida
Resource Extraction Reclamation Act (F.S, ch. 378. pt. IV). Reclamation shall
mean the reasonable rehabilitation of the total disturbed area where; the
resource extraction has occurred. and shall meet the reclamation performance
standards established by the state. All disturbed areas, including the
excavation side slopes above the water line and a 20-foot wide area around
the entire perimeter of the excavation. shall be sodded or fertilized and
seeded with a Quick-catch seed variety approved by the County Manager., or
designee within 60 days of the final side slope shaping in order to minimize
the potential for erosion.
3.5.7,7, (g) Discontinuance of operations. If the excavating operation is
inactive tor a period of 90 consecutive days, except due to strikes or acts of
God. all side slopes. including the working face. shall conform with this Article
and a report so stating. prepared and sealed by the project's
surveyor/engineer shall be submitted to the County Manager or designee.
Recommencement shall also be reported to the County Manager or designee.
If the excavating operation is never started or if discontinued for a period of
one year. that permit is void unless a written request is made by the permittee
with sufficient justification for a time extension in which case the County
Manager or designee may authorize a permit extension for up to 180 days. A
new permit must be approved prior to commencement.
3.5,7.8. (h) Non-water management system lakes. Non-water management
system lakes of a surface area of one acre or less. may be riprapped along
their entire shoreline under the following conditions:
(1) Side slopes shall be at a minimum ratio of two to one.
(2) Littoral shelf areas must conform to section 3.05.10 of the LOC.
(3) Riprapping must extend down to the slope breakpoint required
by section 22-112 (b).
(4) The lake shall have protective barriers to prevent vehicular
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access where necessarv.
(5) The ,lake shall meet all of the design reQuirements of this Arti'cle
and section 3.05.10 of the LDC.
3.5.7.9. (i) Amendments to afJfJroved excavations. Substantial chanaes to any
approved excavation permit. (i.e. changes resultina in an increase of 20
percent or more in excavated volume resultina in less than 50.000 additional
cubic yards), must be submitted to proiect plan review for review and
approval. with such approval aranted in writing prior to commencement of any
proposed chanae. Littoral shelf areas must conform to section 3.05,10 of the
LDC. Failure to comply with the permit reQuirements shall be cause for the
County Manaaer or designee to issue stop work orders on all excavCition
related activities takina place or planned for the subject property. Insubstantial
chanaes shall not reQuire prior written approval and shall include reductions in
surface area not affectina water manaaement design Quantities of material to
be removed. A written description of proposed insubstantial chanae, includina
an illustrated as-built as per the excavation permit. to any approved
excavation shall be submitted in writina to project plan review and to the
development compliance department.
3.5.7,10, (j) SfJecial requirements for tVfJe I and type /I commercial
excavations.
3.5.7,10.1, (1) Type I and type II commercial excavations will be reQuired to
apply for a conditional use approval for the parcel(s) that the excavatíon
occurs on.
3,5.7,10,2. (2) Conditional uses and excavation permits expire after one year.
with a provision for one additional one year extension upon payment of a
renewal fee.
3,5.7.10,3. (3) Blastina will not be permitted. If test holes show that rock is I~ss
than 12 feet from the oriainal arade. removal methods must receive staff
approval.
3,5.7.10.4. (4) Hours of operation for digaina and/or offsite haulina will be 7:00
a.m. to 5:00 p.m.. Monday throuah Friday.
3.5.7.10,5. (5) All areas disturbed as a result of fill storage must be seeded
and mulched upon completion of construction. Prior to release of the
performance bond, the planted seed must reach a height of six inches. Rye
arass is acceptable for this purpose.
3,5.7.10.6, (6) Lake location and size. For parcels five acres in size and
smaller, the surface of the lake can occupy a maximum of 40 percent of the lot
area.
For parcels over five acres up to ten acres, the surface area of the lake can
occupy a maximum of 45 percent of the lot area.
For parcels over ten acres, the surface area of the lake can OCCUpy a
maximum of 50 percent of the lot area.
Finished lakes shall be irreaularly shaped with no corners less than 40 feet in
radius, and must otherwise conform to section 5.05.08 of the Land
Development Code.
Setbacks less than 50 feet from control elevation contour to property line. are
permitted if proper fencina (48 inches hiah and "childproof') is used. There
shall be no exceptions to the 50 foot front yard setback from the road riaht-of~
way line.
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"
3.&.7.10.7. (7) Depths. Tvpe I and type II commercial excavations shall not
exceed 20 feet in depth. The minimum depth shall be 12 feet at the middle of
the excavation. See section 22-112 (c)(1) for exceptions.
3,5,7.10.8. (8) Sides lopes shall be no steeper than one foot vertical to four
feet horizontal to a depth of ten feet below control elevation and may be as
steep as one foot vertical to two feet horizontal below that elevation.
3.5.7,10.9. (9) Buildinq envelope. A minimum one acre buildinQ envelope is
required. The envelope shall be contiQuous. rectanQular in shape, and may
extend to the property lines and include setbacks. The minimum dimensio;n of
any side of the rectanQle shall be 150 feet.
3.5.7.10.10. (10) Stockpiles. Temporary stockpile areas shall occuPy a
minimum of one acre. The stockpile area may occupy the future homesite,
Proper erosion control and sediment measures (meeting NYPDES standards)
must be used at the stockpile site,
;
3,5,7.10.11. (11) Littoral zone plantinQs must conform to section 3.05.10 of
the LDC.
3.5.7.10.12. (12) Federal and state aqencv permits. Anv excavation in an
area containing SFWMD (Southwest Florida Water ManaQement District).
DEP (Department of Environmental Protection) zoninq district. or USACOE
(United States Armv Corps of Engineers) jurisdictional veQetation must obtain
a permit from the applicable aQencv prior to issuance of the excavation permit.
Sec. 22-113, Sec. 3.5.8, Inspection and reportinQ reauirements.
3.5.8.1, (a) Inspection.
3,5,8.1.1, (1) Collier County personnel. havinQ qiven reasonable advance
notice. shall have the riQht to enter the property permitted for excavation and
may from time to time carry out inspections of the excavation site includinq the
collection of water samples to determine compliance with the provisions of this
Article and any special conditions attached to the excavation permit as issued
bv Collier County.
3,5.8.1.2, (2) Upon reasonable notice from Collier County personnel that 'an
inspection is to be conducted which requires the assistance and/or presence
of the permittee or his representative. the permittee or his representative shall
be available to assist and/or accompany county personnel in the inspectio'n of
the excavation site.
3.5,8,1.3. (3) Collier County personnel are not obliQated to carry out a detailed
tOPoQraphic survey to determine compliance with this Article. Upon a findinq of
violation of this Article or the special conditions of the excavation permit. the
County Manaqer or desiqnee shall advise the permittee in writinQ bv certified
letter, The permittee shall, within 15 days of receipt of such notice. have either
the violation corrected or submit in writinq why such correction cannot be
accomplished within the 15-dav period. Such written communication shall also
state when the violation is to be corrected, If. in the opinion of the County
Manaqer or desiqnee, the delav in correcting the violation is excessive, he
may recommend to the board that the excavation permit be temporarily
suspended or permanently revoked. Upon correction of the violation. the
permittee may be required by the County Manaqer or desiQnee to have an
appropriate report, letter and/or survey. whichever is applicable. prepared,
sealed and submitted to Collier County by the project's enQineer/surveyor.
Failure to do so shall be cause for revokinQ the permit.
3,5,8.2. (b) Reportinq.
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3.5.8.2.1. (1) Status reports. The permittee shall provide the community
development and 'environmental services administrator. or his desianee. with
an excavation activities status report as follows: '
a. Private and type I and type /I commercial excavations. A final
status report within 30 days after the final completion of the excavation.
b. Development and all type 11/ commercial excavations. An annual
status report every 12 months over the duration of the permit and a
final status report within 30 days after the final completion of each
phase of the excavation. If a final status report will be filed within four
months of the reauired annual status report. then the need for the
precedina annual status report shall be waived.
The final status report shall consist of no less than the followina
information. and such other information as may be deemed necessary
by the community development and environmental services
administrator. or his desianee. to accurately determine the status of the
excavation, its compliance with this Article and the special conditions of
the excavation permit:
1. A sealed topoaraphic survey prepared by the project's
surveyor/enaineer. containina the followina:
a) A base line alona the top of the perimeter of the
excavation. clearly referenced to known points -and
adjacent property or tract lines. if appropriate. with riaht
anale cross sections taken which clearly show the as-built
side slope and depth of the excavation at each station.
Unless otherwise approved by the County Manager or
desiqnee, cross sections shall be taken every 100 feet..on
excavations less than five acres. and every 300 feet on
excavations over five acres. Partial cross sections
showinq the as-built side slopes will be necessary on; the
ends of the excavation and around the perimeter of the
excavation where due to its irreqular shape. the base line
riqht anqle cross sections do not accurately depict the
actual constructed slopes. The cross section survey data
shall be plotted at an appropriate scale and the as-built
side slope ratio computed for each of the seqments
between the survey data points. The approved design
cross section, includinq the breakpoints, shall; be
superimposed on each as-built cross section to facilitate
visual verification of substantial compliance with
provisions of this Article. Side slopes shall be qraded to
within a reasonable tolerance as will be determined by the
County Manaqer or desiqnee, depending upon local site
conditions.
b) On all planned unit development or subdivision
projects, the outline of the excavations top-of-bank shall
be accurately plotted and referenced to known control
points in order that:
i) The surface area can be verified as meetinq
size and retention/detention storaqe needs. The
computed surface area at control elevation shall be
shown to the nearest tenth of an acre.
ii) It can be determined that the excavation
was constructed within easements dedicated for
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that DurDose.
c) Calculation of value of excavated material as
follows: Cubic vards used on site + Cubic vards removed
from site + Cubic vards remainina on site in stockDiles =
Total cubic vards excavated.
2. A certification from the Droiect's surveyor/enaineer stating
that thev have visuallv insDected all dikes around any dewatering
storage areas. if anv. and have alerted the Dermittee of any
aDDarent weak SDots or failures which shall be DromDtlv
corrected bv the Dermittee to assure that there will be' no
Dotential for dike rUDture that would cause off-site flooding.
3. A certification from the Droiect's survevor/enaineer shall
accomDany all final comDletion status reDorts statina that. based
on their observations and survevs. all work on the excavatiorí(s)
was comDleted within reasonably acceDtable standards of this
Article and any sDecial stiDulations Dlaced UDon the excavation
Dermit.
4. The annual status reDort shall consist of no less than the
followinq information. and such other information as may be
deemed necessary bv the community develoDment and
environmental services administrator. or his desiqnee,' to
accuratelv determine the status of the excavation. its comDliance
with this Article and the sDecial conditions of the excavation
permit:
a) An annual aerial photoqraph with a scale of no less
than one-inch equals 200 feet.
b) Depth of excavation soundinqs taken on a 300-foot
Qrid.
c) The property lines of the commercial excavation
site as shown on an aerial photoQraph.
d) At the completion of anv lake or phase of the
excavation permit. a sealed tOPoQraphic map by the
project survevor/enQineer shall be submitted in
conformance to the precedinQ section 22-113 (b)(1)
b.1.a). ;
Sec. 22-114. Sec. 3.&.9, Fees.
3,&,9.1, (a) Application fee. A nonrefundable and nontransferable application
fee shall be paid at the time of aPDlication for private, commercial" or
development excavation permits to cover the costs of processinq the
application. Should a road impact analvsis be required in accordance with
section 22-111 (a)(3)f. of this Article. the aPDlication fee shall be increased to
cover the cost of the road impact analvsis.
3,5,9,2. (b) Permit fee. Within 60 days after approval notification and prior to
its issuance, an additional nonrefundable and nontransferable permit fee to
cover the cost of excavation monitorinq shall be paid. .'
3.5.9,3, (c) Road damaqe repair fee. The road damaqe reDair fee attributable
to the haulinq of excavated fill material across countv roads is $0.047 cents
per cubic yard of excavated fill material. The fee is to be paid vearlv. The first
year's fee is to be estimated bv the community development and
environmental services division based on information submitted bv the
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applicant. Subsequent yearly fees will be based on the previous year's total
excavation that appears on the annual status report (section 22..;113
(b)(1 )b.1.c).
3.6.9.4, (d) Time extension fee. Each written request for the extension of
permit issuance time shall be accompanied by a nonrefundable time extension
fee to cover the costs of processina the request and the County Manaaep or
desianee shall not consider the request received until this extension fee is
paid in full.
3.6.9.6, (e) Reapplication fee. If a private excavation is not completed within a
12-month period. a second application and a nonrefundable reapplication fee
must be submitted to the County Manaaer or desianee.
3.5.9.6. (f) Annual renewal fee. Annual status reports filed on development or
commercial excavations shall be accompanied by an annual nonrefundable
renewal fee to cover the cost of reviewina the annual status report.
Sec. 22-115. Sec. 3.6.10. Peñormance Quarantee reauirements.
3,6.10.1, (a) Upon approval of any commercial or development excavation
permit. but prior to the issuance thereof, the applicant shall. after notificat'ion
that the permit has been approved, execute an excavation performance
security agreement statina that the applicant will comply with the provisions of
this Article and the permit. Governmental entities shall be exempt from this
requirement except for independent special-purpose aovernment such as a
community development district (COD). Excavation performance security shall
be required of an independent special-purpose aovernment in accordance
with section 22-115 (a)(3). The excavation performance security aareement
shall be auaranteed by one of the followina three methods:
3,6.10.1.1. (1) Excavations performed in conjunction with a planned ;unit
development or subdivision development where excavated materials are not
removed from the boundary of the development and the plan for revised
topoaraphy has been approved by the County Manaqer or desiqnee may be
quaranteed by a subdivision completion bond in accordance with Chapter 10
of the LDC qoverninq the final plattinq of a subdivision.
3,5.10.1.2. (2) All other excavations shall, within 60 days after approval
notification, have their performance quaranteed by: (a) a cash deposit or
certificate of deposit assiqned to the board, (b) an irrevocable letter of credit or
s surety bond. Unless otherwise approved by the County Manager or
desiqnee, certificate assiqnments or letters of credit shall be documented on
forms to be provided by Collier County. The performance quarantee posted for
on-site excavation activities shall be in an amount of no less than $25,000:00
nor more than $500,000.00 computed at the rate of $0.25 per cubic yard to be
excavated to ensure compliance with the provisions of this Article but such
performance quarantee shall not act to limit any quarantees required for' off-
site road impacts that may be necessary in accordance with section 22:-
111 (a)(3)f.
3,6,10.1,3, (3) The excavation performance security for an independent
special-purpose qovernment such as a community development district (CDD)
shall be in the followinq form:
a. Funds held by the bond trustee for a community development
district which are desiqnated for excavation improvements. The COD
shall enter into an excavation performance security agreement with the
county in a form acceptable to the county attorney. The excavation
performance security aqreement shall provide that (a) all permits
required for the construction of the excavations(s) shall be obtained by
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the COD prior to excavation permit issuance by Collier County, (b), the
proiect as defined in the COD's bond documents must include the
excavation ,improvements and cannot be amended or chanaed without
the consent of the county, and (c) the developer shall be required to
complete the excavation improvements should the COD fail to complete
same.
3.5.10.2. (b) The performance auarantee shall be executed by a person or
entity with a leaal or financial interest in the property and shall remain in effect
until the excavation and the requirements of section 3.05.10 of the LDC are
completed in accordance with this Article. Performance guarantees may be
recorded in the official records of the county and title to the property shall not
be transferred until the performance auarantee is released by the County
Manaaer or desianee.
3.5,10,3. (c) All performance auarantees shall be kept in continuous effect and
shall not be allowed to terminate without the written consent of the County
Manaaer or desianee.
3.5.10.4. (d) Should the county find it necessary to utilize the performance
Quarantee to undertake any corrective work on the excavation, or to complete
the excavation under the terms of this Article, or to correct any off-site impacts
of the excavation, the permittee shall be financially responsible for all legal
fees and associated costs incurred by Collier County in recoverina its
,
expenses from the firm, corporation or institution that provided the
performance auarantee.
*
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Sec. 22-116. Sec. 3.5.12. Appeals.
All actions of the County Manaaer or desianee shall, if at all, be appealed to
the board. Any applicant who is aaarieved by the action of the board relative to
the issuance of a permit. or any person adversely affected by the issuance of
a permit may challenae said action or issuance by appropriate action in a
tribunal or court of competent jurisdiction within 30 days from the date of said
issuance or action. Failure to file an appropriate action within the prescribed
time limit shall operate as a bar to, and waiver of, any claim for relief.
Sec. 22-117. Sec, 3.5,13, Penalties and enforcement.
In addition to the over-excavation penalty provided in section 22-112 (c)(3),
any person who violates any section of this Article shall be prosecuted and
punished as provided by F.S. ~ 125.69. Each day a violation exists shall be
considered a separate offense. The board or any persons whose interests are
adversely affected may brina suit. in the circuit court of Collier County, for
damaaes or to restrain, enjoin or otherwise prevent the violation of this Article.
The County Manaaer or desianee is vested with the authority to administer
and enforce the provisions of this Article and is authorized to take action to
ènsure compliance with, or prevent violation of, the provisions of this Article,
and shall have authority to issue administrative stay orders. Failure to file
timely status reports with accompanyina permit renewal fees, or failure to keep
the performance auarantee in continuous effect shall be cause for the County
Manaaer or desianee to issue stop work orders on all excavation-related
activities takina place or planned for the subject property.
Sec. 22-118. Sec. 3.5.14. Severability,
It is the intention of the board that each separate provision of this Article shall
be deemed independent of all other provisions herein, and it is further the
intention of the board that if any provisions of this Article be declared to be
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invalid. all other provisions thereof shall remain valid and enforceable,
Sec. 22-119. Sec. 3.&.15. Compliance with state and federal permits.
The issuance of a permit in accordance with the provisions of this Article is not
intended to preclude the rioht or authority of any other federal or state aoency
from reQuirino separate permits in accordance with rules and reoulations of
that aoency. In a case where multiple permits are reQuired. the most strinoent
stipulations and reQuirements of each permit shall oovern the work permitted
under this Article.
SUBSECTION 2.E.
CONSTRUCTION
RELOCA TION OF DIVISION 3.6. WELL
Code of Laws Chapter 90 is amended to read and create Sections 90-1 to 90:-
8 as follows:
Sec. 90-1. Sec. 3.6.1. Title and citation,
This Article shall be known and may be cited as the "Collier County Well
Construction Code."
Sec. 90-2. Sec. 3.6.2. Purpose.
The board does hereby make the followino findinos: that it is necessary and in
the public interest to reoulate the location. construction. alteration, rep~ir,
eQuipment. maintenance, and pluooino of wells in Collier County and is in the
interest of the public health. safety and welfare. It is therefore the purpose of
this Article to brino about public awareness of proper well construction
methods and to initiate and enforce reoulation relating to well construction,
Reoulation of well construction is necessary because improperly constructed,
repaired, or abandoned wells. test holes. or hydraulic elevator shafts have the
capacity to create hazards to the health. welfare and safety of the citizens of
Collier County and to pollute or otherwise adversely affect the Quality of water
resources of Collier County.
Sec. 90-3. Sec. 3,6,3. Applicability.
This Article shall apply to and be enforced in all areas of Collier County.
Sec. 90-4. Sec. 3.6.4. Reaulation of wells,
3.6.4,1. (a) Scope. The reoulations in this section relate to the permitting
reQuirements applicable to the construction. repair or abandonment of wells.
All wells must be permitted prior to construction. repair or abandonment 'and
must be constructed, repaired or abandoned by a licensed water well
contractor. This does not relieve the applicant from obtainino permits from the
South Florida Water Manaoement District which may be reQuired under
chapter 40E-2 (Consumptive Use), chapter 40E-4 (Surface Water
Manaoement). chapter 40E-20 (General Water Use Permits) or chapter 40E-
40 (General Surface Water Manaoement Permits), Florida Administrative
Code. as may be amended from time to time.
3,6.4.2. (b) Permits required.
3,6,4.2.1, (1) Unless expressly exempt in section 90-4 (c). a permit must be
obtained from the county prior to the construction, repair or abandonment of
any well. test hole, or hydraulic elevator shaft within Collier County. Any well
drilled without a permit shall be pluooed by the contractor at the contractor's
expense.
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3.6.4.2.2. (2) A well construction permit must be obtained prior to the
construction of any gang well. regardless of the size or depth of the individual
wells comprising such gang well, for the purpose of procuring or obtaining
water other than for temporary dewatering.
3,6.4.2,3, (3) No test hole shall be converted to a water well untit an
appropriate permit modification is made and fees paid.
3.6.4.2.4. (4) No monitoring or observation well shall be converted to a
production well until a well construction permit or modification thereof is
obtained for each production well.
3.6.4.3, (c) Exemptions. The following wells are exempt from the
requirements of sections 90-4 (e) and 90-4 (f). This exemption does; not
relieve the applicant from obtaining permits which may be required under
chapter 40E-2 (Consumptive Use). chapter 40E-4 (Surface Water
Management). chapter 40E-20 (General Water Use Permits) or chapter 40E-
40 (General Surface Water Management Permits), Florida Administrative
Code. from the South Florida Water Management District. "
3.6.4.3.1. (1) No well in existence on the effective date of this Article shall be
,
required to conform to the provisions of section 90-4 or 90-5 or any rules or
regulations adopted pursuant hereto. However, any well now or hereafter
abandoned or repaired as defined pursuant to this Article and any applicable
rules or regulations with respect to abandonment of wells, and any well which
is determined by the county to be a hazard to the groundwater resources must
comply with the provisions of this Article and applicable rules and regulations
within a reasonable time after notification of such determination has been
given.
3,6,4,3.2. (2) Sand-point wells driven or jetted for the temporary dewatering of
subsurface formations for construction purposes.
3.6.4,4. (d) Exceptions and variances. An exception or variance effectjng
raffectingl the permit requirements of this Article shall occur when:
3,6,4,4.1. ill The county finds that compliance with all the requirements of
section 90-4 may result in an undue hardship for the construction, repair or
abandonment of certain wells.
3,6.4,4.2, (2) Any affected person may request an exemption from any or all
of these rules for an individual well by making written request to the county
manager or his designee which must include those specific requirements for
which an exemption is requested. any alternate or substitute methods or
conditions considered appropriate. and reasons why the exemption is
considered necessary.
3.6,4.4.3. (3) The county may grant the exemption by way of a variance if the
accepted public health and sanitary engineering principles and practices will
riot adversely affect the water resource, The variance shall be the minimum
necessary to ameliorate the hardship.
3.6,4.4,4. (4) Written variance requests from the contractors will be received
and written decisions rendered by the county when. in the opinion of the
county, an emergency situation exists and warrants such a request and
decision.
3.6.4,4,5. (5) If the request is for a variance from the requirement of obtaining
a South Florida Water Management District water use permit. the applicant
must demonstrate that an application has been filed or a compelling necessity
exists to commence the construction, repair or modification of a well while an
application for a water use permit is pending. Issuance of the variance will not
Page 62 of 123
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be evidence of any entitlement to the water use permit.
3.6.4.4.6. (6) Up0n issuance of a variance. the county may impose st:lch
special conditions as may be necessary to protect the purpose and intent of
this Article.
3.6.4.&. (e) Aoolication and issuance of oermits.
3.6.4.6.1. (1) Permits will only be issued to the owner or his acent on whose
property the well is located.
3.6.4.&,2. (2) Applications for permits required by this Article shall be filed with
the county. The application shall contain:
a. Form "0123" application to the South Florida Water Manaaement
District or an approved Collier County form. for the construction. repair
or abandonment of all wells. test holes. and hydraulic elevator shafts.
,
b. The name. address. telephone number and license number of
the licensed contractor who will be constructina the wells.
c. The name. address and telephone number of the property owner
and his aaent. if applicable. on whose property the well is to be drilled. '
d. The location of the well (to the nearest one-Quarter of the one-
Quarter section). or latitude and lonaitude to the nearest second., or
Florida coordinate system (state planar coordinates) to the nearest 100
feet. or a leaal description that includes the township. ranae. section.
unit block and lot number. and site map of the well location depidting
landmarks and providina a scale.
e. The expected depth of the well.
f. The proposed use of the well.
a. The estimated daily volume of the proposed use.
h. The specification for well construction including the size(s) of the
casina to be used. the proposed construction. repair. or abandonment
specifications includina casina types. diameters and depths; open hole
or screened intervals. size and screen openinas: and proposed grouting
materials. '
i. The proposed method of construction and completion of the well.
or the method of plugging and abandonment of the well. or the method
of repair. where appropriate.
i. The proposed maximum pump capacity in gallons per minute
(gpm).
k. The anticipated starting date.
I. The South Florida Water Manaaement District water use permit
number or the water use application number. if applicable.
m. A well completion report and log for any hole which becomes a
water well.
n. A sinale permit shall be issued for all test holes located on one
site.
o. Likewise a sinale permit shall be issued for all monitoring wells
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located on one site.
3.6.4.&.3. (3) The application must be siçmed by the owner or his authorized
aaent. if applicable. and a licensed water well contractor.
3.6.4.&.4. (4) The fee required pursuant to section 90-4 (f) shall be submitted
with the permit application.
3.6.4.&. (f) Permit application and reinspection fees. The board of county
commissioners shall establish. by resolution, a schedule of fees and charQes
for matters pertainina to this Article and allied matters. It is the intent of these
reaulations that the county shall not be required to bear any part of the cost of
applications made under this Article. The schedule of fees and charQes shall
be posted in the office of the buildina department and the resolution
establishinQ such fees shall be on file with the clerk to the board. The charQes
listed may be chanaed by resolution of the board of county commissioners
and are not subject to the procedure for amendment of this Article.
3,6.4.7. (a) Conditions for issuance of permits.
.3.6.4.7.1, (1) In order to obtain a permit under this Article. an applicant must:
a. Submit a permit application as specified in section 90-4 (e).
b. The permit application fee shall accompany the oriQfnal
application accordinQ to the fee schedule provided for in section 90-4
ill:.
c. Submit proof of a State of Florida. water well contractor license
issued by the South Florida Water Manaaement District. in force, and
any subsequent county contractor license, must be provided by the
applicant at the time of application for a well construction permit.
3,6.4,7.2. (2) A State of Florida contractor license is required for test holes,
test borinQs. foundation holes or hydraulic elevator shafts. A specialty license
is required by the county and proof of licensure must be provided by the
applicant with submittal of the permit application.
3.6,4.7.3, (3) If the applicant is the landowner, evidence of contractor's name
and proof of license issued by the South Florida Water Manaqement District
and/or Collier County, in force. must be provided to the county prior to any
work commencinq on the permitted well.
3,6.4.7.4, (4) An applicant must certify that:
a. The proposed well will comply with the construction criteria set
forth in section 90-4.
b. The applicant or owner has obtained a South Florida Water
Manaqement District water use permit under chapters 40E-2 or 40E-20,
Florida Administrative Code, if applicable. .
c. The proposed well will not otherwise adversely affect the water
resources.
3.6,4,7,5, (5) The application must be complete and meet all the requireme'i,ts
of this Article.
3,&,4.7,&, (6) Upon issuance of a permit. the county may impose such special
conditions thereon as may be necessary to protect the purpose and intent of
this Article.
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3.6.4.8, (h) Duration of permits. Each permit shall be valid for a period of six
months. In the event construction. repair. or abandonment is not completed
within that time. the county may extend the time limit an additional tnree
months upon written request by the permittee. provided that the conditions of
the oriQinal permit application have not chanQed.
3.6.4.9. (i) Suspension and revocation of permits. The county may suspend
or revoke a permit to construct. repair or abandon a well by written notice' to
the permittee under any of the followinQ circumstances:
3.6,4.9.1. (1) Material misstatement or misrepresentation in the application for
a permit:
3.6.4.9.2. (2) Failure to comply with the provisions set forth in the permit:
3,6,4.9.3, (3) DisreQard or violation of any provisions of these rules and
reQulations; or
3,6.4.9.4. (4) Unforeseen circumstances which may create a danQer to the
water resources or the public health. safety or welfare if the well is constructed
as permitted.
3,6.4.10. (j) Well completion report.
3.6.4.10,1, (1) Well completion reports are required for the construction. repair
or abandonment of all wells reQardless or [011 whether a permit application is
required under section 90-4 (e). Well completion reports shall be filed with the
county within 30 days of the completion of work.
3.6.4,10,2. (2) The water well contractor shall keep or cause to be kept by a
driller in his employ an accurate 10Q of all construction. repair or abandonment
activities at the site of construction. Such 10QS shall be available for inspection
at the site durinQ all times when work is in progress.
3,6,4,10,3, (3) If no work is performed or if the well is not completed. a report
shall be filed within 30 days of the expiration of the permit stating that no well
construction was performed under the permit or outlininQ the status of the
incomplete well.
3,6,4,10.4. (4) The county may also require that samples be taken during
construction and furnished to the county with the completion report. If samples
are required. the county shall provide containers and instructions.
3,6.4.11. (k) Emerqencvauthorization.
3,6,4,11.1. (1) EmerQency permits may be issued by the county when one of
the followinQ conditions exist that justify the issuance:
a. An existinQ well supplyinQ a particular use has failed and must
be immediately replaced:
b. The health. safety. or Qeneral welfare of the people of the county
would be jeopardized without such authorization;
c. EmerQency authorization is needed to immediately mitiQate or
resolve potentially hazardous deQradation of water resources; or
d. A serious set of unforeseen. and unforeseeable circumstances
exists which creates the emerQency.
3,6.4.11.2. (2) EmerQency permits may be applied for and issued verbally.
Mere carelessness or lack of planninQ on the part of the applicant. contractor
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or driller will not constitute sufficient cause for the issuance of an emergency
permit.
3.6.4.11.3, (3) The applicant for an emerQency permit shall submit an
application statinQ the need for the emergency permit and the required fee in
accordance with section 90-4 (e) and any other requested information within
two workina days after makinQ verbal application for an emergency permit.
3.6.4.11,4. (4) Sections 90-4 (j) and 90-5 shall apply to all construction
performed under an emerqencv permit, except for those conditions that may
be specificallv waived bv the county upon written request bv the applicant. '
3.6.4.12. (I) InsDection.
3.6.4.12,1, (1) The county is authorized to inspect any well or abandoned well.
includinQ those wells permitted under section 90-5 within its jurisdiction, as it
deems necessary to insure conformity with applicable standards. Such
inspection may include but not be limited to QeophvsicalloQQing. water level
measurements, or other methods. Dulv authorized representatives of the
county may. upon proper identification and at reasonable times, enter upon
.and shall be Qiven access to any premises for the purpose of such inspection.
3.6.4,12,2. (2) If. upon the basis of such inspection, the county finds the
standards of sections 90-4 and 90-5 have not been met. the county shall qive
the owner and contractor, if applicable. a written notice statinQ which rules
have been violated and shall order that necessary corrective action be taken
within a reasonable lenQth of time to be prescribed in such order but not to
exceed ten days,
3.6.4.12.3, (3) A site inspection may be conducted bv an authorized
representative of the county prior to issuing a permit for construction, repair" or
abandonment of any well test hole, foundation hole, or hvdraulic elevator
shaft.
3,6.4.12,4, (4) The county shall be notified bv the contractor at least 24 hours
in advance of the commencement of well construction, repair, or
abandonment for all wells. A county representative may be on-site to observe
the QroutinQ and other construction activities. If the county is properly notified
and fthel representative is not at the site at the appointed time, construction
activity may be accomplished in his their rsicl absence. All work shall be
performed in compliance with the current Collier County Noise Control
Ordinances (Ord. No. 90-17 and Ord. No. 91-56) rCode ch. 22, art, II. and ch.
54, art. IV,l as may be amended from time to time.
3.6,4.12,5. (5) If. upon basis of an inspection, the county finds any well is an
abandoned well. the well shall be pluQQed at the owner's expense in
accordance with the methods of abandonment as set forth in section 90-5. '
~.6.4.12,6, (6) Reinspection fees shall be charQed for additional site visitations
resultinq from construction deficiencies and/or failure of the contractor to notify
the inspector of a chanQe in a construction schedule.
Sec, 90-5, Soc. 3.6.5. Construction. repair and abandonment standards,
3.6.5.1, (a) ScoDe. The reQulations in this section relate to the standards and
criteria for the construction, repair and abandonment of wells. All wells within
the county unless specifically exempted under section 90-4 (c) must comply
with these standards regardless of whether a permit is required under section
90-4.
3.6.5.2. (b) Construction methods. Wells must be so constructed. cased,
Page 66 of 123
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o routed , pluooed, capped. or sealed as to prevent uncontrolled surface flow,
uncontrolled movement of water from one aauifer or one to another.
contamination of ,oroundwater or surface water resources, or other adverse
impacts. The following shall apply to all construction. repair. or abandonment
of wells in Collier County. except for:
3.6.&.2.1. (1) Public water supply wells which shall be constructed. repaired or
abandoned in accordance with chapter 17-555. Florida Administrative Code.
3.6.&.2.2. (2) Injection wells which have received a permit under chapter' 17-
28. Florida Administrative Code. provided the applicable standards of
construction are met under chapter 17-28, Florida Administrative Code.
3.6.5.3. (c) Location. Wells shall be located so as not to pose a threat of
contamination to the water resource and shall be located within the
appropriate distance established by chapter 100-4, and chapter 100-6,
Florida Administrative Code. Wells located either landward or seaward of the
saltwater barrier line shall conform to the well construction reauirements as
provided herein:
.3,6,5.3.1, (1) Landward of the saltwater barrier line. All wells shall conform to
the requirements of this Article as set forth in the followino construction
standards as established in sections 90-5 (d) and 90-5 (i).
3.6.5.3.2, (2) Seaward of the saltwater barrier line. All wells shall be
constructed either doubled with bentonite orout placed between the inner and
outer casino or, if sinole-strino is utilized, the contractor shall use polyvinyl
chloride (PVC) well casino/screen and shall provide a minimum of two inches
of bentonite orout. or other approved material, around the outside of the
casino. In sinole-strino construction, the bentonite, or other approved material,
shall extend from the bottom of the casino to the Ç1round surface. In doubled
wells, the bentonite shall extend from ten feet into the confininÇ1 unit (clay or
marl) which separates the aquifers to the Qround surface. Shaft holes for
hydraulic lifts shall be doubled with a minimum of two inches of bentonite
Ç1rout. or other approved material. in the annular spaces outside and between
casinQ strinos. The shaft hole shall be cemented a minimum of five feet below
the bottom of the inner casinQ.
3.6.5.4. (d) Casinq and liner pipe standards.
3.6.5.4,1. (1) Well casinQ and liner pipe shall be new. Such casing or pipe
shall not be used unless it is free of leaks, corrosion, and dents, is straiQht and
true, and is not out of round. Welded or seamless black or Qalvanized pipe or
casino, or stainless steel pipe or casinQ, or approved types of nonmetallic pipe
shall be used for well casinQ or liner pipe. Well casinQ installed by drivinQ shall
not have less than the dimensions and weiQhts specified in table 1 hereof
unless otherwise approved by the county and shall conform to the American
Society for TestinQ and Materials (ASTM) A53-77A type S, Qrade A except as
noted herein. '
3,6,5,4.2, (2) Black or Qalvanized steel casinQ or liner pipe set into place
without drivinQ shall not have less than the dimensions and weiQhts specified
in table 2 hereof and shall conform to the American Petroleum Institute (API)
standard 5L. Qrade A.
TABLE 1. MINIMUM DIMENSIONS AND WEIGHTS FOR BLACK. OR
GALVANIZED STEEL CASING OR LINER PIPE INSTALLED
BY DRIVING
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2 2.375 0.154 3.65
2.5 2.875 0.203 5.79
3 3.500 0.216 7.58
3.5 4.000 0.226 9.11
.A 4.500 0.237 or 10.79 8.62,
0.1880r
5 5.563 0.258 14,62
6 6.625 0.280 18.97 ,
8 8.625 0.280 24.70
10 10.750 0.307 31.20
12 12.750 0,330 43.77
3.6.6.4.3. (3) Black or Qalvanized steel casinQ installed bv drivinQ with a
nominal size between 12 and 30 inches shall have a minimum wall thickness
of 0.375 inches and shall be of weiQhts as specified bv American National
Standards for WrouQht Steel and WrouQht Iron Pipe ANSI B36.10 1970. for
standard pipe. Pipe larQer than 30 inches shall have a minimum wall thickness
of 0.500 inches and shall be of weiQhts as specified bv American National
Standards for WrouQht Steel and WrouQht Iron Pipe ANSI B36.10 1970, for
-standard pipe.
3.6.6.4.4. (4) Four-inch nominal size pipe with a wall thickness of 0.188 shall
be certified bv the manufacturer to be in accordance with American Petroleum
Institute (API) standard 5L or ASTM A589-73, A120-77, A53-77A. A252-77A
Qrade 2.
TABLE 2. MINIMUM DIMENSIONS AND WEIGHTS FOR BLACK OR
GALVANIZED STEEL CASING OR LINER PIPE SET INTO PLACE
WITHOUT DRIVING
Nominal Outside Wall Plain End
Size Diameter Thickness WeiQht
(inches) (inches) (inches) lIbs./foot)
2 2.375 0.154 3.65
3 3.500 0.125 4,51 .'
3.5 4.000 0.134 5,53
4 4.500 0.142 6.61
5 5.500 0,154 8.79
5,5 6.000 0.164 10.22
6 6.625 0.185 12.72
8 8.625 0.188 16.90
3.6.5.4,6. (5) Black or Qalvanized steel casing or liner pipe set into place
without drivinQ, with an outside diameter less than 3.500 inches shall have a
wall thickness of not less than 0.125 inches. Black or galvanized steel casinQ
or liner pipe with a nominal size between eiQht and 16 inches shall have a wall
thickness of not less than 0.250 inches. Steel casinQ or liner pipe with a
nominal size of 16 inches or more shall have a wall thickness of not less than
0.375 inches.
3.6.5,4.6. (6) Stainless steel pipe used for casing or liner pipe shall be
schedule 10-S of the American National Standards Institute (ANSI B 36;.19-
1976). or stronQer classification.
3,6.5.4,7. (7) Polvvinvl chloride (PVC) pipe may be used for well casinq or liner
pipe. Any PVC pipe used to construct a water well shall have been marked bv
the manufacturer, under a method specified bv the National Sanitation
Foundation. Ann Arbor, Michiqan, as suitable for use in well construction. Any
PVC pipe larqer than 4.5 inches outside diameter used for well construction or
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repair shall have a workino pressure rating of not less than 200 psi at 73
deorees Fahrenheit or shall be ASA schedule 40. Other nonmetallic pipe may
be approved bv the county.
3,6,5.4.8. (8) Steel well casino and liner pipe may be ioined in a watertibht
manner bv threaded couplinos or electrical weldino methods. PVC pice shall
be joined bv solvent bonded or threaded couplinos or other approved method
which shall meet the strenoth requirements of casino as specified in section
90-5 (d)(6).
3.6.5.4.9. (9) Nonmetallic and stainless steel well casing or liner pipe shall not
be installed or seated by drivino unless prior approval is obtained from the
county.
3.6.6.4.9.1. a. For well casing or liner pipe installed bv driving. the casino or
pipe shall not butt tooether inside the threaded couplinos unless the joint is
electricallv welded so as to be completelv watertioht. A drive shoe is required
for use on casino or pipe installed bv drivino unless exempted bv the county.
3.6.5.6. (e) Well construction reauirements.
3.6.5,5,1. (1) In the construction of a well, every reasonable caution shall be
taken to maintain the premises in sanitary condition and to minimize' the
entrance of contaminants into the water resource. Water and materials used
in construction shall be free of contamination.
3.6,5.5.2, (2) For wells which penetrate multiple aquifers or zones, the well
shall be completed so as to prevent cross contamination of different aquifers
or zones and to prevent leakaoe of water from one aquifer zone to another
aquifer zone.
3,6,5,5,3, (3) For wells finished into unconsolidated aquifers, the casino shall
extend from above top of orade to the well screen.
a. The well screen shall be attached to the casing with a waterti?ht
seal.
b. Sealed aoainst the casino with a packer.
c. The screen assemblv shall overlap the casino bv at least ten
feet.
d, For wells finished into consolidated aquifers, a continuous casino
shall extend from above top of orade into the top of the aquifer. For
artisan wells, the casino shall penetrate the entire thickness of the
overlvino formations above the aquifer or producino one within; the
aquifer.
e. In all cases, casino shall extend from land surface to a minimum
of three feet below land surface.
f. At a minimum, all domestic potable and irrigation wells shall be
left and maintained at finished ground floor elevation. All other wells
shall be left and maintained at least 12 inches above finished orade,
unless otherwise permitted.
3.6.5,6. (f) Groutina and sealina. Wells shall be grouted and sealed to protect
the water resource from degradation caused bv movement of waters alono the
well annulus either from the surface to the aquifer or between aquifers, and to
prevent loss of artisan pressure in artisan aquifers. All wells shall be
constructed and sealed using a method which insures that an open or
unnaturallv permeable annular space does not remain when a well is
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completed.
3.&,5.6.1, (1) The casing shall be centered in the borehole prior to aroutfnq
and sealing. Centerina guides shall be used in all arouted wells. not less than
one auide for each 40 feet of casina installed. Intearitv of the borehole shall be
maintained bv those methods necessary to ensure proper placement of the
arout in the annular space. In those cases where. durina grouting operations.
circulation of the arout is lost so that the annular space being arouted cannot
be filled in one continuous operation. a tremie pipe shall be installed in the
annular space to a point immediatelv above the zone of lost circulation and
the annulus shall be bridaed at that point by sand and other approved mateÎ"ial
introduced throuah the pipe. Groutina or sealina of the annular space shall be
completed usina the pipe or other approved methods. A tremie pipe. or other
approved method may also be used to complete aroutina when the total
volume of arout to be implaced exceeds that which can be safelv implaced in
one continuous operation. Wells shall be arouted bv pumping cement or
bentonite arout throuah the casina or through a tremie pipe outside the casina
onlv after the annular space is flushed clean of debris.
Groutina under aravitv pressure will not be allowed. The minimum set time for
aroutina of casina shall be 12 hours before drillina operations may continue.
Bentonite grout may be used onlv on domestic. irriaation, water source or
qround source heat pump installations or well abandonments with a nominal
casinq diameter of four inches or less. Use of bentonite qrout shall not be
allowed on public supplv wells. wells in delineated areas. where artesian flow
occurs or in any identified contamination sites, Bentonite qrout shall ,.be
capped with neat cement in the upper three feet of the annular space to
prevent damaqe to the bentonite seal.
3.6.5.6.2, (2) All wells must have an annular space equal to or qreater than
two inches for qroutinq.
3,6.5.6.3, (3) Wells constructed in unconsolidated formations bv any method
which creates an annular space shall be qrouted no more than ten feet above
the top of the screen to land surface.
3.6,5.6.4, (4) All other wells shall be qrouted from the bottom of the casin;q to
land surface.
3,6,5.6.5. (5) Groutinq and sealinq of water wells shall be accomplished bv the
practices and methods recommended by section A1-8.4 of AWWA A100-66.
AWWA Standard for Deep Wells. American Water Works Association, Inc.:' or
other methods approved bv the county.
3,6.5.6.6, (6) Galvanized steel casinq shall be qrouted bv usinq bentonite
qrout or some other acceptable material without the addition of cement.
3,6.5.6,7, (7) Wells constructed by methods which require driven well casinq
are exempt from sections 90-5 (f)(2) and 90-5 (0(3). provided all of the
followinq conditions are met:
a. Casinq shall be driven from land surface to its final depth in a
borehole smaller in diameter than nominal outside diameter of the
casinq used. or be driven from land surface to its final depth ahead of
the drill bit;
b. A drive shoe is used;
c. No annular space exists after casing is installed;
d. The uppermost three feet of the casinq must be qrouted to provide
protection from contaminated surface water;
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e. The well is sealed in accordance with sections 90-5 (f)(8) and
90-5 (f)(9); ,
f. All other requirements of this subsection are met.
3.6.6.6.8. (8) Temporary well seal. Whenever there is a temporary
interruption in work on the well during construction. repair. or abandonment.
the well opening shall be sealed with a substantial watertight cover. except for
those areas of Collier County in which pumpina equipment is installed
seasonally or periodically. Whenever pumpina equipment is not installed, the
well shall be capped with a watertiaht cap or valve. If a temporary well seal is
installed, an unobstructed inspection port must be provided for wells four
inches or areater in diameter.
3.6,6.6.9. (9) Permanent well seals. Wells located on around subject to
floodino shall be properly sealed to prevent the movement of contaminants
and surface water into the well. The upper end of the well casino shall include
a watertiaht seal. and all vents shall be above the 100-year flood level.
Pumping equipment and any necessary pipe or electrical connections shall be
so installed to prevent inadvertent introduction of contaminants into the well.
Pumpina equipment and any necessary piping or electrical connections
installed within the casing shall be installed throuoh a well seal. An
unobstructed inspection port equipped with a temporary removable pluo shall
be provided and accessible at the wellhead for wells four inches or oreater in
diameter.
3.6.5,7. (0) Explosives. The use of explosives in well construction or
development is prohibited unless specifically approved pursuant to section; 90-
~
3,6.5.7,1. (1) Provide a sketch or drafted map identifying the location and
distance to all wells, septic tanks. and drainfields from the proposed well, at
the time of this application. This applies to wells, septic tanks, and drainfie'lds
on both the subject property and on all contiouous and closely adjacent
properties. This requirement applies to those wells, septic tanks, ,and
drainfields that are either installed, under construction, or permitted at the time
of this application, The staked location of the well for which this permit is being
requested must meet all applicable setback requirements.
3.6,5,8, (h) FlowinG wells. If the well flows at land surface. each well shall be
,
provided with a valve pursuant to F.S. ~ 373.206.
3.6,5.9. (i) Abandoned well and test hole pluGGinG.
3.6,5.9.1. (1) Any well which was not constructed in accordance with the
standards of section 90-5 and fails to be corrected upon written notice in
accordance with section 90-4 (1)(2) shall be deemed an abandoned well.
3.6,5.9.2, (2) Any well which is an abandoned artisan well under F.S. ~
373.203(3), or its successor. shall be pluooed in accordance with section 90-5
0)(3) below.
3,6.5.9.3. (3) All abandoned wells shall be pluqqed by fillinq them from bottom
to top with neat cement qrout or other approved materials within a time
specified by the county. unless otherwise provided in writing by the county.
The pluqoinq shall be to restore or improve the hydrologic conditions which
existed before the well was constructed. The work shall be accomplished by a
licensed water well contractor.
3,6,5,9.4. (4) A request to abandon a well shall be submitted on the
application form provided by the county.
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3.6.5.9.6. (5) Test holes for the purpose of obtainina data for engineering
studies. seismoaraphic. geophvsical or geological exploration or prospecting
for minerals but not for the purpose of either producina or disposina of water
shall be pluaaed bv fillina them from bottom to top with a neat cement arout or
other approved aroutina material immediatelv upon completion of tests. The
contractor shall be responsible for the proper pluaaina of such test holes.
3.6.5.10. (j) Wellhead protection. All permanent wells in Collier County must
be double cased for the top six and one-half feet. The outer casina must
extend five feet below oriainal (natura ) arade and 18 inches above original
arade.
The outer casina must have a diameter four inches laraer (at a minimum) than
the well casina. The well casing must extend to a minimum of 24 inches above
oriainal arade (six inches above the outer casina).
The space between the two casinas must be arouted with a portland cement
a rout.
Sec. 90-6. Soc. 3.6.6. Contractor licensina and eauipment reaistration.
Chapter 17-531. Florida Administrative Code. or its successor. which requires
the licensina of water well contractors and reaistration of drilling equipment-; is
adopted bv reference and made part of this Article. Any hereafter required
county water well contractor license must be obtained bv the water well
contractor prior to request for a well construction permit or commencement of
well construction. Althouah persons engaaed in the installation of elevator
shafts. foundation holes. and/or test borinas mayor may not have a license
issued bv the South Florida Water Manaaement District. any county license
required under a county ordinance must be obtained by such person(s) prior
to the submittal of the permit application or the commencement of any work
related to the installation of elevator shafts. foundation holes. and/or test
borinas.
State Law References: Licensina of water well contractors. F.S. & 373.323 et
seQ.
Sec, 90-7, Sec. 3.6.7. Administration.
This Article shall be administered bv the county manaaer or any other person
or aaencv desianated bv the board of county commissioners. In makina ;this
deleaation. the county manager may desianate specific staff members to carry
out various tasks. but overall supervision and responsibilitv shall rest with the
county manaaer, The county manaaer is expresslv authorized to enforce and
issue permits under this Article.
Sec. 90-8. Soc. 3.6.8. Penalties.
If any person fails or refuses to obey or complv with or violates any of the
provisions of this Article, such person upon conviction of such offense, shall
be auiltv of a misdemeanor and shall be punished by a fine not to exceed
$500.00 or bv imprisonment not to exceed 60 days in the county ¡ail. or both,
in the discretion of the court. Each violation or noncompliance shall be
considered a separate and distinct offense. Further. each day of continued
violation or noncompliance shall be considered as a separate offense. Nothing
herein contained shall prevent or restrict the county from takina such other
lawful action in any court of competent jurisdiction as is necessary to pre<Jent
or remedy any violation or noncompliance, Such other lawful actions shall
include, but shall not be limited to. equitable action for injunctive relief or an
action at law for damaaes. Further. nothina in this Article shall be construed to
Page 72 of 123
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prohibit the county from prosecutinQ any violation of this Article by means óf a
code enforcement board established pursuant to the authority of F.S. ch. 162.
All remedies and penalties provided for in this Article shall be cumulative ,and
independently available to the county and the county shall be authorized to
pursue any and all remedies set forth in this Article to the full extent allowed
bylaw.
SUBSECTION 2.F . RELOCATION OF DIVISION 3.17 , POST-DISASTER
RECOVERY AND RECONSTRUCTION MANAGEMENT
Code of Laws Chapter 38 is amended to read and create Sections 38-1 to
38-12 as follows:
Sec. 38-1, SOG. 3.17.1. Purpose and intent.
It is the intent of the county to identify opportunities to mitiQate future damages
throuQh the manaQement of recovery and reconstruction. To further this intent.
the county will make every effort to develop its capacity to identify and
coordinate various post-disaster recovery and reconstruction resources whUe
at the same time ensurinQ maximum local control over the recovery and
reconstruction process.
FollowinQ a major or catastrophic disaster. sufficient time must be provided to
conduct damage assessments. classify and categorize individual structure'
damaQe. and evaluate the effectiveness and enforcement of the existing
buildinQ code. It is further the intent of the county to allow rebuildinQ and
reconstruction in an orderly manner by controllinQ the issuance of buildinQ ;
permits. development orders and site plans in order to manaQe the location.
timing. and sequence of reconstruction and repair.
Sec. 38-2. Soc. 3.17.2. Jurisdiction.
This Article applies to all areas within Collier County. Florida under the
jurisdiction of the Collier County Board of County Commissioners.
Sec. 38-3. Soc. 3.17.3. Definitions.
The following terms and definitions apply for the purposes of this Article:
1. Buildinq value means the latest total assessment of all
improvements on a parcel of land as recorded in the Collier County
Property Appraiser's file before the structure was damaQed.
2. Catastrophic disaster is defined as an event that overwhelms
local response capabilities and will require mutual aid, state response.
federal disaster relief prOQrams. and activation of the state and federal
disaster response plans.
3. Chief Buildinq Official of Collier Countv means the director of
building review and permittinq, or his/her designee. who is hereby ;
designated by the Board of County Commissioners of Collier County.
Florida to implement. administer and enforce the buildinq permit
moratorium provisions of this Article.
4. Current requlatorv standards for new construction means the'
followinQ:
a. For one and two-family dwellings density, floodplain
manaQement. buildinQ code. Land Development Code, and
Qrowth manaqement requirements. site location, density and
parkinQ requirements.
Page 73 of 123
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b. For multi-family dwellinas density. floodplain
management. building code. Land Development Code. arowth
manaaement. parkina and site location reauirements.
c. For commercial developments Land Development Code.
site location. density, parking. floodplain manaaement. buildina
code and growth management reauirements. '
5. Damaae assessment means a systematic procedure for
evaluating damage to public and private property. based on current
replacement cost. The assessment may be used to determine if the
damaged area can aualify for federal or state disaster assistance.
6. Destroved structure means a structure that is a total loss or
damaged to such an extent that repairs are not technically or
economicallv feasible, The indicator for this category is if the cost to
repair exceeds 50 percent of the replacement cost at the time of
damage or destruction.
7. Development order means any order. permit. determination. or
action granting. denying. or aranting with conditions an application for
any final development order. building permit. temporary use permit. '
temporary construction and development permit. well permit. spot
survey. electrical permit. plumbinq permit. occupational license. boat-
dock permit. septic tank permit. riqht-of-way permit. blastinq permit, ¡
excavation permit. construction approval for infrastructure (including
water. sewer, qradinq, pavinq) development of reqional impact (DR )
development order. zoning ordinance amendment. comprehensive plan
amendment. flood variance. coastal construction control line variance,
veqetation removal permits. aqricultural clearinq permits, site
development plan approval, subdivision approval (includinq plats,
plans. variances and amendments). rezoninq, PUD amendment.
certification, conditional use. variance, or any other official action of'
Collier County havinq the effect of permittinq development as defined in
the Collier County Land Development Code.
8. Local damage assessment team means a group of individuals
desiqnated by the local jurisdiction to perform damage assessments "
accordinq to state and federal requirements.
9. Major disaster is defined as an event that may require mutual
aid. state response assistance and federal disaster relief proqrams.
10. Major damaaed structure means a structure that can be made
habitable with extensive repairs. Damaqe may include foundation. roof
structure. and major structural components. The indicator for this "
cateqory is if the cost to repair is qreater than 20 percent and up to and
including 50 percent of the replacement cost at the time of damaqe.,
11. Minor disaster means a disaster that is likely to be within the
response capabilities of local qovernment and to result in only a
minimal need for state or federal assistance.
12. Minor damaged structure means a structure that can be made
habitable in a short period of time with minimal repairs. Damages may
include doors, windows. floors. roofs, central air conditioners. and other
minor structural damaqe. The indicator for this category is if the cost to
repair is 20 percent or less than the replacement cost at the time of
damaqe.
13. Recovery task force means a qroup of officials desiqnated by ,
Ordinance No. 93-20 for the effectuation of its purposes.
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14. Replacement cost means the actual cost to repair, reconstruct.
rebuild or replace a damaaed structure. It will not include the following
parts of a structure or items not considered a permanent part of the
structure: buildina plans. surveys. permits, sidewalks, pools. screens,
sheds. aazebos. fences. furniture and carpetina. For purposes of this
Article, the replacement cost will be compared to the structure's
replacement value to determine the percent of the structural damaae:
15. Replacement value of a structure means the market buildina ;
value contained in the Collier County Property Appraiser's File
multiplied by one of the followina factors:
a. 120 percent in a maior disaster. or
b. 150 percent in a catastrophic disaster.
The structure's owner can opt to establish replacement value by hirina
a state licensed contractor to make such determination rather than use
the formula stated in this definition.
16. Structure means anythina constructed or erected which requires
a fixed location on the around, or in the around, or attached to
somethina havina a fixed location on or in the around.
Sec. 38-4, Soc. 3.17.4. Recovery task force.
3.17,4.1, (a) The recovery task force established by Ordinance No. 93-20 will
meet on a continuina and reaularly scheduled basis to discuss its specific
roles and responsibilities in accordance with this Article. and relative issues·-
associated with recovery from a major or catastrophic disaster.
Sec. 38-5. Sec. 3.17.6. Post-disaster redevelopment priorities.
The followina priority sequence will aovern community rebuildina and
redevelopment efforts:
1. Re-establishing services that meet the physical and safety neéds
of the community to include: water, food, ice: medical care; emeraency
access; continuity of aovernmental operations; communications;
security of residents and possessions from harm; health, and
temporary housina.
2. Re-establishina infrastructure necessary for community
reconstruction such as: electrical distribution systems; potable water
and sanitary sewer service; restorina medical and health care;
rebuilding damaaed stormwater and transportation facilities; and
housina facilities.
3. Restorina the community's economic base. as defined by the
Collier County Growth Manaaement Plan or accepted econometric
principles and practices.
4. Improvina the community's ability to withstand the effects of
future major or catastrophic disasters.
Sec, 38-6. Sec. 3,17.6. Essential service and facilitv restoration priorities,
3.17,6.1, (a) Priorities for power and communications restoration will be in
accordance with existina protocols established by the individual utilities. All
protocols are intended to emphasize health, safety and essential community
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services as priorities.
3.17.6.2. (b) The tollowina procedures will aovern water service restoration:
(1) Stem the flow of maior leak areas.
(2) Identify hiahly damaaed areas.
(3) Assess and provide service to meet critical customer needs such
as emergency response and recovery facilities. hospitals. nursing
homes. emeraency public shelters. kidney dialysis patient facilities. and
other identified emeraency response facilities.
(4) Establish emeraency water sites as necessary.
(5) Establish priorities and repair damaaed facilities in the following
order: water treatment plants. trunk mains, distribution mains and
service connections.
(6) Repressurize water system as necessary.
(7) Establish water potability.
3.17,6.3, (c) The followina procedures will govern wastewater service
restoration:
(1) Assess damages to wastewater system such as wastewater
treatment plants. lift stations. and electrical support systems. This als'o
includes evaluatino the need to take lift stations off-line in flooded.
evacuated areas to avoid damaae to property when power is restored.
(2) Closely coordinate recovery operations in determinino and
replacina any damaaes to wastewater treatment plants within Collier
County.
(3) Determine need and provide emeraency service to emeroencÝ
response and recovery facilities and hospitals.
(4) Repair damaaed facilities in the followino sequence: 1) treatment
plants; 2) force mains; and 3) lift stations starting with those closest to
the treatment plants.
(5) Re-establish wastewater service to franchise areas as power ,
and water service are restored.
Sec. 38-7. Sec, 3.17.7. Post-disaster debris clearance and disposal
strategies,
3,17,7,1, (a) The following policies will aovern emeroency debris clearance.
removal and disposal strateaies:
(1) Clearino debris from roads and streets will be auided by the
followina priority sequence:
a. Emeraency access to aid search and rescue operations.
b. Major arterial roadways linkina Collier County to
intercounty traffic.
c. Major arterial roadways providina access to desianated
response/recovery centers, airports. public/private utility ,
companies providina water and wastewater service and entrY
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roads to the county's desianated solid waste disposal facilities.
d. ' Maior arterial roadways providina access to roadways
carrvina intracounty traffic.
e. Roadways providina access to designated staaina area's
and distribution centers supportina disaster relief efforts.
f. Roadways providina access to maior commercial activity
centers.
a. Minor arterial roadways under the county's maintenance
responsibility.
h. Collector roadways under the county's maintenance
responsibility.
i. Other roadways under the county's maintenance
responsibility.
,3.17.7.2, (b) Once road clearance operations supporting search and rescue
operations, clearina intercounty roadways. and providina access to desianated
response/recovery centers are completed. debris clearance to provide access
will be auided by the followina priority seQuence:
(1) Area medical facilities with emeraency rooms. areas desianated '
as field medical service, fire district and law enforcement stations.
(2) Facilities desiqnated as centers for emeraency response
operations, emeraency medical service. fire district and law
enforcement stations,
(3) Areas of the county with minor damage.
(4) Areas of the county with major damaae.
(5) Areas of the county with catastrophic damaae.
3,17,7,3, (c) Debris will be separated to avoid mixing hazardous materials and
hazardous waste with other types of debris. '
3,17,7.4. (d) Aaencies or oraanizations with whom the county contracts to
clear, remove and dispose of debris will follow the followina auidelines:
(1) Debris collection and removal procedures from residential and"
commercial areas in the followina sequence: 1) raw garbaae; 2)
rubbish; 3) yard waste: and 4) construction/demolition debris. Debris
will be separated into these four general priority classes. All county
residents and business entities will be instructed to separate debris
accordina to the above cateaories and will be notified of the established
schedule for picking UP these four aeneral debris cateaories,
"
(2) Storaae areas will be operational within seven to ten days after
the disaster to separate the debris that does not fall under the
residential and commercial property proarams.
(3) Open pit burnina, burnina by incineration, mulchina or chipping
horticultural debris, haulina mulched or chipped debris out of the
county; disposal at approved solid waste sites; or other temporary
locations as may be approved by the county; and. debris refuse and .'
recyclina will be acceptable methods of debris disposal, provided that
these methods meet all applicable rules and reaulations established by
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the United States Environmental Protection Agency and the Florida
Department of Environmental Protection established for such
operations.,
Sec. 38-8. Sec. 3.17.8. Determination of damage. build back policy.
moratoria. emergency repairs. emergency permitting system and
emergency review board.
3.17.8.1. (a) Determination of damage. The primary task of the local damaae
assessment team is to identify structures which have been damaged as a "
result of the disaster. The county damage assessment team will cataloaue
and report to the chief buildina official those structures which have: (1) been
destroyed; (2) received major damaae; and (3) received minor damaae. The
chief buildina official will then. as may be necessary. inspect the damaaed
structures and place each structure in one of the damaae cateaories provided
for by this Article. The assessment will also serve as a basis for determinina if
federal and state disaster declaration are warranted.
3,17.8.2, (b) County buildback policy: Structures which have been damaaed
by natural or manmade disasters to the extent that the cost of their
reconstruction or repair exceed 50 percent of the replacement value of the
structure may be reconstructed, but in accordance with the legally
documented actual use, density. size, style and type of construction includina
square footaae existina at the time of destruction, thereby allowina such
structures to be rebuilt or replaced to the size. style, and type of their original
construction. including their oriqinal square footaqe; provided, however, that
the affected structure, as rebuilt or replaced, complies with all applicable
federal and state requlations and local requlations which do not preclude
reconstruction otherwise intended by this policy.
(1) In accordance with this policy,
a. Structures damaged up to and including 50 percent of .'
their replacement value at the time of disaster can be rebuilt to
their oriqinal conditions, with repair work subject to current
building and life safety codes.
b. Structures damaqed by the disaster by more than 50
percent of their replacement value at the time of disaster can be
rebuilt to their oriqinal square footaqe and density, provided that
they comply with:
1. Federal requirements for elevation above the 100-
year flood level;
2, Collier County Buildinq Code requirements for
floodproofinq;
3. Current buildinq and life safety codes;
4. Collier County and State of Florida Department of
Environmental Protection Coastal Construction Control
Line requlations;
5. Applicable disability access requlations of the
Americans with Disability Act (ADA); and
6. Any required Collier County zoning or other
development requlations with the exception of existing;
density or intensity requirements established, unless
compliance with such zoninq or other development
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reQulations would preclude reconstruction otherwise
intended by this buildback policy as determined by the'
emerQency review board established herein,
(2) To minimize the need for individual variances or compliance
determinations prior to reconstruction. the reQulations of Collier County
Land Development Code affectinQ setbacks. parkinQ, bufferinQ and
open space may be modified. The emerQency review board may
require documentation as to the actual uses. densities. and intensities
existinQ prior to the disaster event and at the time of the original '
construction throuQh such means as photoQraphs. diaQrams. plans.
affidavits. and permits prior to authorizina modifications to the above
requirements. These requirements may be modified as follows:
a. Front. rear. side. or waterbody setbacks may be modified
to permit the reconstruction of existing structures that are
nonconforminQ with reQard to a specific setback so 10nQ as:
1. The reconstruction will not result in an increase in
the heiQht of the structure as defined by the Land
Development Code: and
2. The reconstruction will not result in a further
diminution of the setback. The emerQency review board
may approve bay windows. chimneys and similar
architectural features that may encroach further into the
setback provided the encroachment does not protrude
beyond the existinq overhanQ of the buildinQ.
b. Front, rear, side, or waterbody setbacks may be modified
to permit the construction of a handicapped access
appurtenance to any reconstruction,
c. Front, rear, side, or waterbody setbacks may be modified
to allow the replacement of stairs or deckinQ that provides
access into any reconstructed dwellinq unit.
d. Front, rear, side, or waterbody setbacks may be modified
to leQitimize minor existinq encroachments in setbacks
discovered at the time of reconstruction.
e. Buildings or structures that are not in compliance with
current setback reQulations and which can be proven to have,
been permitted prior to the adoption of such requlations shall be
considered leqally non-conforminq and may also be reviewed by
the emerqency review board under this section.
f. A diminution of the front yard setbacks on a collector or
arterial roadway shall be consistent with future road wideninq "
requirements.
(3) The emerqency review board is authorized to modify the parkinq
requirements for non-residential uses as established by the Collier
County Land Development Code. In no instance shall the parkinq
requirements be modified where the reconstruction involves the
increase of density or intensity of use. Such requirements may be
modified under the followinq circumstances:
a. To improve inqress and egress to the site in accordance
with the county access management plan.
b, To eliminate or reduce the instances where conditions
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reauire that parked vehicles back out onto the public streets.
c. ' To allow for the provision of handicapped parkinQ spaces
in accordance with Chapter 4 of the Collier County Land
Development Code.
(4) The emerQency review board is authorized to modify the
bufferinQ or open space reauirements of the Land Development Code
when such modification and reconstruction is authorized in section 38-8
(b)(2)d. hereof.
a. To accommodate modifications to existinQ parkinQ or
additional parkinQ.
b. To accommodate chanQes as a result of reconstruction.
In no instance shall bufferinQ or open space areas be eliminated.
(5) DamaQed structures may not be reconstructed at a more intense
use or hiQher density than oriQinally permitted by the Growth ;
ManaQement Plan and Land Development Code. No redevelopment at
a hiQher density or more intense use will be permitted unless
appropriate zoninQ, development review, buildinQ permit and other
applicable land development approvals are Qranted through normal
processes as set forth in the Land Development Code.
3,17.8.3. (c) Moratoria: The Board of County Commissioners may. pursuant
to Chapter 252. Florida Statutes. declare a moratorium under the followinQ;
conditions in order to prioritize the repair and reconstruction of damaQed
critical public facilities immediately needed for public health, safety and
welfare purposes.
(1) Initial buildinq moratorium.
a. Declaration of an initial buildinq moratorium. An initial
buildinQ moratorium may be declared when one or more of the
followinQ actions or findinQs occur:
1. The county is declared a disaster area by either the
Governor of the State of Florida or the President of the
United States;
2. One hundred or more structures have received
major damage or have been destroyed as determined by
the chief buildinQ official;
3. A findinQ has been made by the Board of County
Commissioners that a state of local emergency exists in
accordance with Chapter 252 of the Florida Statutes; of'
4. The county is unable to maintain minimum
acceptable levels of service expected during non-
emerQency situations as provided for by the capital
improvement element of the Qrowth manaQement plan.
b. Duration. The initial building moratorium will remain in
effect for up to 72 hours. No buildinQ permits will be issued
during this time period. After expiration of this initial building
moratorium, the followinQ moratorium may become effective;
upon declaration by the Collier County Board of County
Commissioners. Said moratorium may cover the entire
unincorporated area of the county or any part thereof.
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(2) Destroved structure moratorium. No buildinQ permit will be
issued for at least 30 days followinQ the expiration of the initial building
moratorium for the replacement of any structure which has been
destroyed. When a buildinQ permit is issued, structures damaQed can
be rebuilt in accordance with the buildback policy set forth herein,
(3) Maior damaaed structure moratorium. No buildinQ permit for "
repairs of a major damaQed structure will be issued for at least ten days
followinQ the expiration of the initial buildinQ moratorium.
(4) Minor damaged structure moratorium. No building permits for the
repair of minor damaQed structures will be issued for at least four days '
followinQ the expiration of the initial buildinQ moratorium.
(5) New development moratorium. No buildinQ permit for new
construction or reconstruction unrelated to rebuildinQ or repairing
structures damaQed by the disaster will be accepted nor buildinQ
permits will be issued for at least 30 days followinQ the expiration of 'the
initial buildinQ moratorium so that damaQe may be assessed and
repairs be made. The disaster recovery task force will determine and
advise the board of county commissioners whether a new development
moratorium is required based upon the results of damaQe assessment
and recommendations from the chief buildinQ official. .'
(6) Outstanding buildina permit inspection moratorium.
a. All buildinq permits that were issued prior to the disaster
will be suspended for a minimum period of 30 days followinq the
expiration of the initial building moratorium, unless the chief
buildinq official determines on an individual case-by-case basi~
that sufficient inspection staff is available to adequately inspect
the structures should construction beqin or resume. Suspension
of the building permit means that no further construction
authorized bv the building permit is permitted and that no
inspections bv the Collier County BuildinQ Review and Permittinq
Department will be performed durinq the moratorium period.
Applications for inspections relatinq to buildinq permits
suspended under this section shall be adjusted accordinQlv to.,
reflect the time period covered bv this 30-dav moratorium.
b. The county reserves the riQht to reinspect any and all ;
construction in proqress pursuant to validlv issued pre-disaster
buildinq permits to verify that the work in place suffered no
damaQe as a result of the disaster. In the event that the county
determines that such construction sustained damaQe during the
disaster or suspects that damage occurred, the property owner
and/or qeneral contractor is responsible for rework, removal,
retestinq, and uncoverinq work to facilitate inspection so that
compliance with the buildinQ permit and the buildinQ code can be
ensured.
(7) Outstandina development order moratorium.
a. All development orders as defined herein issued prior tó
the disaster will be suspended for a minimum period of 30 days
followinq the expiration of the initial buildinq moratorium.
Suspension of the development order means that no
development order work is authorized and that no development
order inspections bv the Collier County Community Development
and Environmental Services Division will be performed during
the moratorium. Applications for development orders suspended
,
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,
under this section will be adiusted accordinaly to reflect the time
period covered by this 30-day moratorium.
b. The county reserves the riaht to reinspect any and all
development order work in place prior to the disaster to verify
that the work in place was not damaaed durina the disaster. In
the event that the county determines that development order
work in place was damaaed durina the disaster or suspects that
damaae occurred. the developer will be responsible for rework.
removal. retestina. and uncovering work to facilitate inspection.
so that compliance with the development order documents and
the Land Development Code can be ensured.
(8) Site development plan. subdivision plat review, and zonina
request moratorium.
a. Site plans which have been submitted to the county prior
to the disaster will not be reviewed by the county staff for a
period of 30 days following the expiration of the initial buildina
moratorium. All submittal dates and review periods will be
adjusted accordinaly to reflect the time period covered by this
30-day moratorium.
b. No new site plans. zonina requests or subdivision plats'
will be accepted by the county for a period of 30 days followina
the expiration of the initial buildina moratorium.
c. All submittal dates and review periods will be adjusted
accordinaly to reflect the time period covered by this 30-day
moratorium.
"
1. Duration of moratoria. All moratoria other than the
initial buildina moratorium as enacted will be in effect for
the lenath of time described above and may be
terminated or extended by the board of county
commissioners.
3.17.8.4, (d) Emerqencv repairs.
(1) No construction or reconstruction activity may be undertaken
without a building permit. while a building moratorium is in effect
however. emeraency repairs necessary to prevent injury, loss of life:
imminent collapse of a structure or other additional damaae to the
structure or its contents will not be subject of the temporary moratoria
provided for by in this Article and shall not require individual building
permits. Such emeraency repairs shall included but not be limited to:
a. Temporary roof repairs with plywood or plastic sheetina to
make structures habitable or to prevent continuina damaae due
to rain and wind to buildina interiors and exteriors. .
b. Coverina exterior wall openinas with plywood or plastic
sheeting.
c. Repairs to interior ceilinqs to make buildinqs habitable ór
to drain accumulated flood waters.
d. Repairs to steps. and
e. Temporary stabilization measures to avoid imminent
building or structure collapse.
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(2) Emergencv repairs to buildinas or infrastructure that house the
followina oraanizations or activities shall not be subiect to any
temporary moratorium because of their necessity to protect the public
health and safety bv providina electrical power. potable water.
wastewater. and communications facilities: emeraencv stabilization of
roadways: police. fire and medical facilities: essential aovernmental _
facilities: response/recovery centers and distribution centers: debris
removal activities: and stabilization or removal of structures about to
collapse.
(3) Nothina in this Article shall be construed to suspend state and
federal permit reaulations,
3.17.8.6. (e) Emeraency /Jermittina system,
(1) An emeraencv permitting system will be established by the most
recent buildina and construction administrative codes to assure the'
Qualitv of the reconstructed buildings and structures, and to implement
the county's build back policv as set forth herein. The provisions
contained in the Collier County Construction and Administrative Code
will take effect when a disaster designated as major or catastrophic has
affected Collier County. which the Board of County Commissioners -
requests the Governor to declare Collier County a disaster area.
3.17,8.6. (1) Emeraency review board.
(1) An emeraencv review board will be established in catastrophic
disaster situations to implement the county's buildback policv. The
emeraencv review board will be chaired bv the community developm~nt
and environmental services administrator and will consist of the chief
buildinq official. County Manaqer or desianee, and the code
enforcement director (or their respective desianees). Decisions
rendered bv the emerqencv review board can be appealed to the
Collier County Board of Commissioners throuqh the normal
administrative appeals process provided for in section 10.02.02 F.5. of
the Collier County Land Development Code.
Sec. 38-9, Sec. 3.17.9. Economic redevelopment policies.
3,17,9.1. (a) The followina aeneral policies will auide the use of resources
emploved toward rebuildina of the community's economic base:
(1) Reopen the business community.
(2) Restore aariculture and industry.
(3) Re-establish the tourist industry.
3,17.9.2. (b) Damaaed businesses and other economic enterprises necessary
for the public health and safety and for restorina the community's economic
base will be allowed to use temporary structures such as modular buildings.
mobile homes, or similar type structures to carry out their activities. until therr
damaqed structure is rebuilt or replaced accordina to applicable development
and redevelopment requlations.
Sec, 38-10. Sec. 3,17.10, Guidelines for acauiring damaged property.
3.17.10.1. (a) When determined to be in the public interest. the Board of
County Commissioners may enter into neaotiation with a property owner or
owners whose improved real property has been damaqed bv the disaster for
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the purpose of aCQuirina such buildinas and associated land or lot for transfer,
by sale. lease or donation to Collier County when the followina conditions are
met:
(1) The property must be located in an area damaaed by the
disaster:
(2) The property should be free of any encumbrances: and
(3) The buildina structure must:
a. have been damaaed substantially beyond repair or must
have been damaaed to the extent that the cost of reconstruction
or repair exceeds 50 percent of the replacement value of the
buildina or structures at the time of the disaster: or
b. not be capable of repair because of build back policy
provisions herein or sianificantly increased buildina costs: or
c. have been abandoned by its owner.
3.17.1 0.2, (b) Property acquired under these conditions must be dedicated for
such purposes as the Board of County Commissioners may aaree are
consistent with:
(1) Open space uses: or
(2) Manaaina the land for its dedicated purposes, however, future-
uses which would likely result in threats to human life or property
damaae of the same type that has occurred durina previous disasters
will not be permitted. .
3.17,10.3. (c) Allowable open space uses include parks for outdoor
recreational activities, nature preserves or trails, beach access, unimproved
parkina lots, and structures functionally related to these uses such as open-
sided picnic facilities, refreshment stands, or other non-habitable structures "
primarily supportina the recreational activities.
Sec. 38-11. Soc. 3,17,11. Authoritv.
NothinQ in this Article limits the authority of the Board of County
Commissioners to declare, repeal or extend a state of local emergency.
Sec. 38-12. Soc. 3.17.12. Penalties.
3,17.12.1, (a) Any person, firm, company or corporation who fails to comply
with or violates any section of this Article, or the emeraency measures which
may be made effective pursuant to this Article, is Quilty of a misdemeanor of
the second deQree, and upon conviction for such offense, may be punished,by
a fine not to exceed $500,00 or by imprisonment not to exceed 60 days in the
Collier County Jail. or both, in the discretion of the court hearinQ the case.
Each day of continued non-compliance or violation will constitute a separate
offense. In addition to this penalty, any construction licensee of Collier County
or the State of Florida who violates any provision of this Article or the
emerQency measures which are effective as a result of this Article, will be
charaed with said violation and have the matter heard before the appropriate
Collier County Board. state administrative body, or court of law.
3,17,12.2, (b) NothinQ contained herein prevents the county from takina such
other lawful action in any court of competent jurisdiction as is necessary to'
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prevent or remedy any failure to comply with. or violation of, this Article or the
emeraency measures which may be made effective accordina to this Article.
Such other lawful ,action includes. but is not limited to. an eauitable action for
injunctive relief or an action at law for damaaes.
SUBSECTION 2.G. RELOCATION OF SECTION 5.7.2.1. AUTHORITY OF THE
COUNTY MANAGER WITH RESPECT TO REPORTS &
RECOMMENDA TIONS TO THE BOARD OF COUNTY
COMMISSIONERS AND PLANNING COMMISSION
The following Section of Chapter 2 of the Code of Laws and Ordinances i~
amended as follows to add a new sub-section (a) (18):
Sec. 2-78. Powers and duties.
(a)· ·
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(18) The County Manaaer shall have the authority to provide the board of
,county commissioners and the plannina commission with reports and
recommendations with respect to matters before such bodies as directed
by the board of county commissioners.
SECTION THREE:
AMENDMENT OF PORTIONS OF CHAPTER 114.
The following Articles and Sections of Chapter 114 of the Code of Laws and
Ordinances are amended as follows:
ARTICLE III. HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM·
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Seé, 114-61. Establishment of the local program.
(a) The local housing assistance program is hereby created and established.
(b) The revised contents of the local housing assistance program include:
(1) This article;
(2) The housing assistance plan, which was adopted and may be amenged
by county resolution;
(3) Amended certifications; and
(4) Appendices.
Copies of items (1) through (4) of this subsection (b), are available at the county
housing and urban improvement Financial Administration and Housinq office.
(c) The local housing assistance program shall use 100 percent of the funds held
in trust as follows:
(1) The funds may be used to provide the local matching funds in order to
obtain federal housing grants for federal programs.
(2) The funds may be used to implement the following locally-designed
strategies:
a. Purchase assistance. Ownership opportunities may be crea!ed
for eligible persons through mortgage reductions, and/or low or
no interest loans for down payments and/or closing costs.
b. A cquisition/rehabilitation. Very low-income persons and íow-
income persons may be awarded funds to acquire existing
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housing units for renovation.
c. ImP3,ct foo assistanoe. Eligible persons may be awarded funds
for the p3yment of waivers or deferrals of imp3ct fees for eligIDle
housing for very low income persons and low income persons.
d. Land acquisition. The county may through purchase or donation
acquire land independent of a specific project for the express
purpose of providing eligible housing at a future time',
Construction must be implemented within 12 months of
acquisition of any parcel.
e. Construction/rehabilitation.
1. The county may provide locally-designed strategies that
create or preserve affordable housing through ¡ the
construction or repair of homes for very low-income
persons and low-income persons.
2. The county may seek local developers and contractors
and other organizations willing to construct affordable
housing which offer such incentives as the county adopts
in its local housing incentives plan. These incentives may
include, but are not limited to, assistance in; the
construction of the infrastructure for eligible
neighborhoods, impact fee credits or p3yments and/or the
purchase of the land by the county upon which
construction will occur.
,
f. Costs. The cost of administering this local housing assistance
program shall not exceed five percent of the state housing
initiatives partnership [SHIP] program funding, guaranteed from
the state, unless such costs are increased to a maximum of ten
percent by county resolution pursuant to F.S. § 420,9075(5) and
any amendments thereto.
(d) The county shall coordinate its efforts with financial institutions as follows:
(1) The county shall work with banks and savings institutions to meet their
obligations under the community reinvestment act [CRA] to affirmatively
address the credit needs of the entire community. In meeting their
obligation, banks and savings institutions shall be encouraged to
engage in activities that include, but are not limited to the following:
a. Increase efforts to make loans for home mortgages and home
improvements in conjunction with government insured lendjng
programs such as FHA and VA;
b. Make loans with high loan to value ratios when there is priyate
mortgage insurance;
c. Provide assistance to existing or emerging community-based
organizations;
d. Extend lines of credit and other financing to community-based
organizations; and "
e. Provide a secondary market for community-based organization
development loans.
(2) The county shall seek lending institutions to work with eligible persons
or eligible sponsors in providing low-cost loans, interest point buy-down
programs and other cost-saving mechanisms in order to facilitate home
ownership for very low-income persons and low-income persons ~nd
persons who have special housing needs.
(e) The county shall provide incentives for the preservation and productio~ of
affordable housing for eligible persons including, but not limited to, the
donation of land or availability of low-cost land or land-lease arrangements,
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assistance in the construction of infrastructure, availability of im 'i)aÐt fee
credits or deferrals and/or security deposit credits or payments.
(f) The local housing' assistance program shall include all other lawful objectives
not previously listed if said objectives have been adopted into the housing
assistance plan in the manner provided by statute.
(g) In implementing its housing assistance plan, the county shall:
(1) At least 30 days prior to the beginning of any application period,
advertise the availability of the local housing assistance program, in
newspapers of general circulation and periodicals serving ethnic and
diverse neighborhoods.
(2) The county shall, in its housing assistance plan, adopt a maximum
awards schedule or system of awards that comply with the following
criteria:
a. At least 65 percent of all the funds made available in the county
shall be reserved for home ownership for eligible persons.
b. At least 75 percent of the total funds shall assist with
construction, rehabilitation or emergency repair of affordable
housing.
c. The sales price of new or existing eligible housing shall not
exceed 90 percent of the median area purchase price in the area
where the eligible housing is located as established by the
United States Department of Treasury in accordance with
section 3(b)2 of the United States Housing Act of 1937.
d. All housing constructed, rehabilitated or otherwise assisted with
the funds provided from the housing assistance plan must be
occupied by very low-income persons, low-income persons and
moderate-income persons. At least 30 percent must be occupied
by very low-income persons, and at least an additional 30
percent by low-income persons.
e. Loans shall be provided for periods not exceeding 30 years,
except for deferred project loans or loans that extend beyond 30
years which continue to serve eligible persons.
f. Eligible rental housing constructed, rehabilitated or otherwise
assisted from the local housing assistance program is reserved
for eligible persons for 15 years or the term of assistance,
whichever is longer. Eligible sponsors who offer rental housing
for sale before 15 years from the date of issuance of the
certificate of occupancy or that have unsatisfied mortgages
funded under this program must give a first right of refusal to
eligible not-for-profit organizations for purchase at the current
market value for continued occupancy by eligible recipients.
g. Eligible owner-occupied housing constructed, rehabilitated or
otherwise assisted from proceeds provided from the local
housing assistance program shall be subject to the recapture
provision of the mortgage revenue bond program contained in
section 143(m) of the Internal Revenue Code of 1986 or o'ther
applicable recapture requirements.
h. The total amount of monthly mortgage payments or the amount
of monthly rent charged by the eligible sponsor or his designee
must be made affordable.
I. The cost per unit and the maximum cost per unit for eligible
housing benefiting from awards made pursuant to this local
housing assistance program will be established by county
resolution.
J. A qualification system for applications for awards will be
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established through the housing assistance plan.
k. The ,staff or entity that has administrative authority for this local
housing assistance program shall annually monitor ;and
determine tenant eligibility and the amount of the subsidy
pursuant to the provisions of this article and state and federal
law: The county, the local housing partnership, and all eligible
sponsors shall not discriminate on the provision of affordable
housing to very low-income persons, low-income persons" or
moderate-income persons on the basis of race, creed, religion,
color, age, sex, marital status, familial status, national origin, or
handicap in the loan application process for eligible housing.
(3) The county shall comply with all rules and regulations of the state
housing finance agency in connection with required reporting of
compliance of its housing assistance plan.
(4) Prior to receiving an award, all eligible sponsors or eligible persóns
shall enter into an agreement with the county, agreeing to comply with
the affordable housing criteria provided under F.S. §§ 420.9p7--
420.9079, and this article. In the event of a transfer of ownership of
property to an eligible person or eligible sponsor pursuant to the
housing assistance plan, the county shall require a covenant in the
deed or mortgage stating the grantee or the mortgagor agrees to
comply with the terms of the affordable housing criteria provided under
F.S. §§ 420.907--420.9079, and this article, which covenant will run
with the land in the case of a deed. Failure to comply with the covenant
in the mortgage shall result in a default of the mortgage with all
remedies and rights for enforcement of the agreement insuring to the
benefit of the county.
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Seé, 114-72. Administration.
(a) The director of the Collier County Housing and Urban ImprovementFinancial
Administration and Housina Department is designated as the program
administrator.
(b) The Collier County Housing 3nd Urban ImprovementFinancial Administration
and Housina Department (HUI) shall be responsible for:
(1) Identifying potential program participants.
a. Potential participants for the program will be identified through
the following activities:
1. The housing 3nd urban improvementFinancial
Administration and Housing department will advertise in a
publication of general circulation in the county announcing
the program and the availability of funds for rehabilitation
services.
2. The housing and urban improvementFinancial
Administration and Housinq department will contact local
non-profit, community-based organizations in the county
through outreach activities to locate potentially program
participants
"
I. Collier County Ordinance No. 93-19 defines
community-based organization as " . .. a non-
profit organization that has among its purposes the
provision of affordable housing to persons who
have special needs or very low-income persons,
low-income persons, or moderate-income persons
within a designated area, which may include a
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municipality, a county, or more than one
municipality or county, and maintains, through a
minimum of one-third representation on the
organization's governing board and otherwise,
accountability to housing program beneficiaries
and residents of the designated area. A community
housing development organization established
pursuant to 24 CFR, Part 92.2 and a community
development corporation created pursuant to F,S.
Ch. 290, are examples of community-based
organizations. "
3. The Collier County Code Enforcement Department will
refer potential clients that have been cited with violations
of Collier County Housing Code Ordinance No. 89-06"as
amended, to the housing and urban improvement
Financial Administration and Housing department. The
housing ~md urban improvement Financial Administration
and HousinQ department will determine the
individual/family interest in participating in the program
and whether the potential participant is income eligible to
participate in the program, pursuant to the requirements
of paragraph (b), below.
(2) Applicant eligibility criteria.
a. All applicants in this program must have fee simple ownershíp of
the single-family dwelling unit for which residential rehabilitation
services are requested.
1. Where there are co-owners for a property, each co-owner
is required to participate in the application process, the
income eligibility determination process which includes
household income and asset certification and third party
verification, and the secondary mortgage/lien application
and closing process.
b. Accepting and processing applications for rehabilitation services:
1. All potential participants must complete the program
application entitled "Form 'A', Collier County Residential
Rehabilitation Program Preliminary Application."
2. The preliminary application form shall be used to
document the general information regarding the potential
participant which will include, but not be limited to,
ownership status, number of residents living in the
housing unit, previous residences, employment history,
and bank and credit references and history.
3. The preliminary application must be signed by all parties
with an ownership interest in the property,
4. "Form At Collier County Residential Rehabilitation
Program Preliminary Application" shall be maintained as
part of the permanent program file for each homeowner
making application to the Collier County Residential
Rehabilitation Program.
c. All potential participants must complete "Form 'B', Residential
Rehabilitation Applicant Income Certification."
1. The income certification form shall be completed by
potential participants to determine, in part, the income
eligibility of the individual(s) and the household applying
for the program.
2. Documentation of income sources for each household
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resident or other immediate family member over 18 years
of age must be provided for the last 12-month period
, preceding the date of the application.
3. Adequate documentation may include, but not be limited
to, the most recent year's federal income tax return.
4. Failure to disclose and report all sources of household
and family income during this process will result in
disqualification for a residential rehabilitation loan.
5. If applicant is approved for participation in this program,
any and all loan funds will become due and payable
immediately upon written notice delivered by certified mail
where such unreported income is documented by the
program administrator.
6. "Form B, Residential Rehabilitation Applicant Income
Certification" shall be maintained as part of the permanent
program file for each homeowner making application to
the Collier County Residential Rehabilitation Program.
d. All potential participants must complete either "Form 'C',
Residential Rehabilitation Applicant Asset Certification" or "Form
'C-1', Residential Rehabilitation Program Asset Certification
Addendum."
1. "Form C, Residential Rehabilitation Applicant Asset
Certification" shall be completed by all potential program
participants who meet the following criteria in order to
determine initial income eligibility.:
i. Any homeowner whose assets exceed $5,000.00
(including all family members or other individuals
residing in the house to be rehabilitated); and
ii. Any homeowner whose home may be rehabilitated
with funds from any funding source other than
Hurricane Andrew Assistance or SHIP.
2. This certification must be completed so as to include
asset information for all residents of the housing unit ~nd
all members of the family unit.
3. For those homeowners whose home will be rehabilitated
exclusively with funds from the SHIP program and whose
assets do not exceed $5,000.00, the form entitled "Form
C-1, Residential Rehabilitation Program Asset
Certification Addendum" shall be completed.
I. Such certification shall be applied to and must
include the assets of all family members residing in
the dwelling unit.
4. Both "Form C, Residential Rehabilitation Program Asset
Certification" and "Form C-1, Residential Rehabilitation
Program Asset Certification Addendum" shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier COUJ1ty
Residential Rehabilitation Program.
5. For purposes of this program, assets shall include, but not
be limited to, real property other than the property tó be
rehabilitated under this program, savings, stocks, bonds
and other forms of capital investment, excluding interests
in Indian trust land and equity in a housing cooperative
unit.
e. All potential participants must provide adequate information so
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that "Form '0', Verification of Employment" can be completed in
a timely manner by their employer.
1. Potential participants must complete Part I, Applicant
Information and Part II, Employer Information, which
includes the name and address of their current employer.
,
2. Employer must complete Part III, Employment
Information, and sign the document, and return the
document by mail or personal delivery to the housing 'and
urban improvementFinancial Administration and Housina
department.
3. Applications will not be considered complete until
verification of employment has been signed and delivered
to the Collier County Housing 3nd Urban
ImprovementFinancial Administration and Housinq
Department.
i. Collier County Housing and Urban
ImprovementFinancial Administration and Housinq
Department shall provide an addressed, stamped
envelope to be utilized by the employer to return
the verification of employment form to the hous1ng
and urban improvementFinancial Administration
and Housinq department.
ii. Forms returned to the housing and urban
improvementFinancial Administration and Housinq
department by potential participants will not be
accepted for use in the program.
4. "Form '0', Verification of Employment" shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier County
Residential Rehabilitation Program.
f, Where a potential program participant is unemployed at the time
that application is made to participate in the Collier County
Residential Rehabilitation Program, the form entitled "Form E,
Unemployed Affidavit" shall be completed, signed, and notarized
by the applicant.
1. If an individual becomes employed during the course of
the program application process, the individual must
report said employment to the Collier County Housing and
Urban ImprovementFinancial Administration and Housinq
Department within ten working days, excluding holidays
and weekends, and complete "Form 0, Verification,' of
Employment," referred to in section 114-72(b)(5), above.
2. "Form E, Unemployed Affidavit" shall be maintained as
part of the permanent program file for each homeowner
making application to the Collier County Residential
Rehabilitation Program.
g. If potential participant or any member of the household is
receiving any form of public assistance, the form entitled "Fórm
F, Verification of Benefits" must be completed as part of the
application process.
1. The total amount of public assistance that is provided to
each individual residing in the household must be
documented on the "verification of benefits" form.
2. The "verification of benefits" form must include all sources
of public assistance funds for all household members. '
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3. "Form F, Verification of Benefits" shall be maintained as
part of the permanent program file for each homeowner
making application to the Collier County Residential
Rehabilitation Program.
h. For individuals or families whose dwelling unit was damaged by
Hurricane Andrew, the form entitled "Form A-1, Homeowner
Hurricane Damage Certification" shall be completed and signed
by the homeowner and any co-owner.
1. Completion of the damage certification form by a potential
program participant shall initiate the inspection process by
the County Code Enforcement Department or the City- of
Naples Building Division.
2. "Form A-1, Homeowner Hurricane Damage Certification"
shall be maintained as part of the permanent program file
for each homeowner making application to the Collier
County Residential Rehabilitation Program.
i. Other verification forms may be developed and used from time
to time by the Collier County Housing 3nd Urban
Impro'lementFinancial Administration and Housinq Department
in the course of the program in order to obtain third party
verification of all sources of income and verification of all as~ets
claimed by an applicant or other household resident and/or
member making application to the program.
1. Refusal by an applicant to provide information to Collier
County Housing 3nd Urban ImprovementFinançial
Administration and Housing regarding sources for third
party verifications for income and assets shall be
considered sufficient grounds for a negative determination
of program eligibility.
(3) Applicant eligibilíty determination.
a. Collier County Housing and Urb3n Impro'lementFinancial
Administration and Housinq Department will maintain a program
file for each prospective program participant that will contain all
related participant applications, verifications, references, credit
histories, and other related documents. ¡
b. Collier County Housing and Urb3n ImprovemeR-tFinancial
Administration and Housing Department will determine whether
each applicant meets the income eligibility criteria for the
program set forth in the document entitled "Form G, Househpld
Income Survey Form for Rehabilitation Program."
1. The income eligibility criteria used on this form shall be
updated on an annual basis to reflect the most recent
median income data as established by the U.S.
Department of Housing and Urban Development.
2. "Form G, Household Income Survey Form for
Rehabilitation Program" shall be maintained as part of the
permanent program file for each homeowner making
application to the Collier County Residential Rehabilitation
Program.
c. Applicant eligibility determination shall include a review of each
applicant's credit history.
1. Each applicant and co-applicant must sign "Form H,
Release and Consent for Third Party Verification."
2. Use of this form is restricted to the Collier County Housing
and Urban ImprovementFinancial Administration 'and
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Housina Department, its grantors, or a participating local
financial institution, as required and permitted by law.
3. "Form H, Release and Consent for Third párty
Verification" shall be maintained as part of the permanent
program file for each homeowner making application to
the Collier County Residential Rehabilitation Program.
d. Applicant eligibility determination shall include verification of
applicant's ownership of the property to be rehabilitated and
disclosure of mortgages to lending institutions.
1. Where an applicant owns title to the property to be
rehabilitated, applicant shall provide a copy of the
property deed to the housing and urban
improvementFinancial Administration and Housina
department.
I. The houßing and urban improvementFinancial
Administration and Housina department shall be
permitted to obtain a copy of the deed by which
applicant acquired title of the property to be
rehabilitated from the public records of Collier
County.
ii. Where no such public record exists, it shall be
contingent upon the applicant to demonstrate
ownership of the property for which application is
being made. "
2. All applicants must provide adequate information so that
"Form I, Verification of Mortgage or Deed of Trust" can be
completed by any lending institution holding a note on the
property to be rehabilitated.
3. Applicants must complete Part I, Applicant Information
and Part II, Lender Information, which includes the name
and address of any lending institution holding a note' on
the property to be rehabilitated.
I. If no lending institution holds a mortgage, applicant
must designate such information on "Form I,
Verification of Mortgage or Deed of Trust."
4. If applicable, the lending institution must complete Part III,
Mortgage Information, and return the signed document to
the Collier County Housing and Urban
ImprovementFinancial Administration and Housina
Department.
I. If applicable, Collier County Housing and Urban
ImprovementFinancial Administration and Housing
Department shall provide an addressed envelope
to be utilized by the lending institution to return
"Form I, Verification of Mortgage or Deed of Trúst"
to the Collier County Housing and Urban
ImprovementFinancial Administration and Housing
Department.
ii. Completed Verification of Mortgage or Deed of
Trust, Part III forms that are delivered to the
housing and urb3n improvementFinancial
Administration and Housina department "by
program applicants will not be accepted for use in
the residential rehabilitation program.
5. "Form I, Verification of Mortgage or Deed of Trust" will be
maintained as part of the permanent program file for each
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homeowner making application to the Collier County
Residential Rehabilitation Program.
e. Each applicant must meet the following criteria:
1. Homes less than 12 months do not qualify under this
progmm. I
2. Rehabilitation including construction and emergency
repair of affordable housing qualifies under the program.
For purposes of this section, rehabilitation means repairs
or improvements which are needed for safe ancllor
sanitary habitation, correction of code violations, creation
of additional living space, or addition of handicapped
accessible items.
3. Loans are limited to a maximum of $15,000.00 per
household.
4. Mortoages on the property must be current for the most
recent 12 month period.
f. Each potential participant shall be sent a letter from the Cóllier
County Housing 3nd Urban ImprovementFinancial
Administration and Housino Department notifying them whether
they meet the eligibility criteria established herein.
1. In cases where a potential participant is determined to,be
ineligible, the reasons for this determination shall be set
forth in the notification letter to the potential participant(s).
;
i. Any such negative determination of eligibility shall
be mailed to the applicant by certified mail within
three days of such determination.
2. Potential participants who have been determined to be
ineligible shall be given the opportunity to correct' or
explain in greater detail any information that resulted in, or
affected the negative eligibility determination made by the
Housing and Urban ImprovementFinancial Administration
and Housino Department.
3. The program administrator shall have the authority to
make a final determination regarding an applicant's
compliance with the requirements for third party
verification.
4. The program administrator shall have the final deci~jon-
making authority regarding a determination of eligibility or
non-eligibility for participation in the Collier County
Residential Rehabilitation Program.
5. Such determination shall be kept as a permanent part of
the applicant's program file.
Sec, 114-73. Determination of corrective action.
(a) [Generally.] Determination of corrective actions by an inspecting department
or division may occur pursuant to this section 114-73 after an application to
the Collier County Rehabilitation Program has been submitted by an individual
homeowner.
(1) Determination of corrective actions may be conducted prior to "an
applicant's receiving a final determination of eligibility from the Collier
County Housing and Urban ImprovementFinancial Administration ,and
Housino Department.
(b) Unincorporated Collier County.
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(1) Collier County Code Enforcement Department will conduct and
complete the initial inspection of a dwelling unit under this program
within ten working days of notification of a homeowner's participation in
the Collier County Residential Rehabilitation Program by the Collier
County Housing and Urban Impro'lementFinancial Administration 'and
Housinq Department.
a. Initial inspection will determine if there are deficiencies and/or
violations of the Collier County Housing Code Ordinance,
Ordinance No. 89-06, as amended.
1. The code enforcement department may pursue
enforcement action against individuals or property owners
where housing code violations are found.
b. Collier County Code Enforcement Department will document the
results of the initial inspection on the code enforcement
department's form entitled "Inspection Report, Minimum Housing
Code - Ordinance 89-06." This form may also be referred to'as
"Form J" for use in this program.
1. A copy of the signed, completed inspection form wil~ be
provided to the houßing and urban impro\'ementFinancial
Administration and Housing department within three
working days of the completion of the inspection by the
code enforcement department.
2. "Inspection Report, Minimum Housing Code - Ordinance
89-06" shall be maintained as part of the permanent
program file for each homeowner making application to
the Collier County Residential Rehabilitation Program.
c. Collier County Code Enforcement Department shall identify and
prioritize code violations on the "inspection report" completed for
each dwelling unit so that rehabilitation services can be directed
at elimination of any pressing and immediate safety and/or
health concern,
1. Health and safety housing code violations shall be given
priority by contractors over any cosmetic rehabilitation
work during inspection, bid preparation, and provision of
rehabilitation services.
2. It shall be the responsibility of the contractor, in
consultation with the homeowner, to determine ánd
prioritize rehabilitation services beyond immediate health
and/or safety concerns which are identified and prioritized
by the Collier County Code Enforcement Department.
d. The signed and completed code enforcement department
inspection report will provide the basis for contractors to
complete the form entitled "Form K, Collier County Residential
Rehabilitation Program Work Write-Up."
(c) City of Naples.
(1) At the city's discretion, either the City of Naples Building Division or U:\e
Collier County Code Enforcement Dep3rtment will conduct and
complete the initial inspection of dwelling units under this program
within ten working days of notification by Collier County Housing and
Urban Impro\'ementFinancial Administration and Housinq Department
of a homeowner's participation in the Collier County Residential
Rehabilitation Program by the Collier County Housing and Urban
ImprovementFinancial Administration and Housinq Department wjthin
the incorporated boundaries of the City of Naples.
a. Initial inspection will determine if there are deficiencies and/or
violations of the City of Naples Housing Code Ordinance,
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Ordinance No. 92-6621, as amended.
1. The City of Naples Building Division may pursue
, enforcement action against individuals or property own(s)
where housing code violations are found.
b. City of Naples Building Division or Collier County Code
Enforcement Department inspectors will document the results of
the initial inspection on the form entitled "Form L, City of Naples
Inspection Report" or some other standard form which may be
developed for use in this program.
1. A copy of the signed, completed Inspection form will be
provided to the Collier County Housing and Urban
ImprovementFinancial Administration and HousinQ
Department within three working days of the completion of
the inspection by the inspecting division or department.,
2. "Form L, City of Naples Inspection Report" shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier County
Residential Rehabilitation Program whose residence i$
located within the city boundaries.
c. City of Naples Building Division, or other inspecting entity, shall
identify and prioritize code violations on each dwelling unit.,so
that rehabilitation services can be directed at elimination of any
pressing and immediate safety and/or health concern.
1. Health and safety housing code violations shall be given
priority by contractors over any cosmetic rehabilitation
work during inspection, bid preparation, and provision of
rehabilitative services.
2. It shall be the responsibility of the contractor," in
consultation with the homeowner, to determine and
prioritize rehabilitation services beyond immediate safety
and/or health concerns which are identified and prioritized
by the City of Naples Building Division, or other inspecting
entity.
d. The signed and completed inspection report will provide the
basis for contractors to complete the form entitled "Form., J,
Collier County Residential Rehabilitation Program Work Write-
Up."
(d) Contractor's initial inspection.
(1) The contractors selected by the owner of the property or pre-qualified
by the county as described in section 114-74(c)(4) shall conduct a
professional inspection of any eligible dwelling unit in order to
determine the need for any rehabilitation work that goes beyond
correction of housing code violations.
a. Any such rehabilitation work that may go beyond the minimum
requirements of the City of Naples Housing Code shall be
documented and noted on the work write-up form by the
inspecting contractor.
b. The contractor shall document estimated material requirements
and unit labor costs for installation of materials on the work write-
up form.
1. The work write-up form shall include any estimates of cost
for the materials and work that must be completed to
correct all county and/or city housing code deficiencies
found during the initial inspection.
2. The work write-up form shall distinguish betw~en
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estimates of material and labor for correction of code
violations and any additional rehabilitation work which; the
contractor identifies as a result of his/her inspection of the
dwelling unit.
c. The completed work write-up form will serve as the basis for bids
from pre-qualified contractors and contractors selected by the
owner which will address all documented housing code
deficiencies of the eligible dwelling unit and any other work that
may need to be completed to protect the health and safety of
residents and/or the integrity of the dwelling unit. .
d. A copy of the signed, completed work write-up form will be
provided to the homeowner and; the Collier County Housing and
Urban Impro'lementFinancial Administration and Housina
Department, and the Collier County Purchasing Department
within three working days of the completion of the inspection by
contractor.
Sec. 114-74. Contractors pre-qualified by the county.
(a) Solicitation of contractors by county for participation in the Collier County
'Residential Rehabilitation Program.
(1) The Collier County Purchasing Department, in tandem with the Coliier
County Housing and Urban ImprovementFinancial Administration and
Housinq Department, will formally solicit qualifications and related
information from various contractors and pre-qualify contractors. .
(2) Communicating program procedures and guidelines to contractors.
a. Program procedures for inspection of premises, submission of
bids for individual residences, notice of commencement, and
methods of payment for services will be outlined and provided to
potential participating contractors at a mandatory pre-
qualification meeting conducted by the Collier County Housing
and Urban Impro'.'ementFinancial Administration and Housinq
Department and the Collier County Purchasing Department.
(3) Every effort will be made to include minority businesses in the program.
(4) The formal solicitation will include a description of the program" its
purpose, and the nature and scope of the work that may be performed
in the course of the program.
a. Interested contractors will submit responses to the formal
solicitation to the purchasing department.
b. The responses will be evaluated by a staff selection committee
which will submit a recommended list of pre-qualified contractors
to the board of county commissioners for approval.
c. Responses to the solicitation shall include, but not be limited to,
the following documentation:
1. County and/or city occupational licenses.
2. Current certificates of insurance to include:
I. Current liability insurance certificate.
ii. Current Workmen's Compensation certificate.
3. Contractor application.
4. References from:
I. Two major suppliers from whom construction
materials have been purchased.
ii. Local financial institutions through which credit t:las
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been established.
iii. Individuals (including address, phone numbers,
and dollar value of jobs) for whom work has been
recently completed.
d. A resolution will be presented to the board of county
commissioners which will authorize the chairman of the Collier
County Board of County Commissioners to commit the county to
a contractual relationship with each qualified firm for ¡ the
performance of rehabilitation services, This contract will
authorize qualified firms to submit bids for and perforni
residential rehabilitation work and services for qualified program
participants.
,
1. The resolution presented to the board of county
commissioners for pre-qualification of contractors will
pertain to all contractors favorably evaluated or meeting
the criteria utilized by the staff selection committee.
e. Bids may be submitted to perform rehabilitation work under this
program by pre-qualified contractors.
(b)' . Reserved.
(c)' Contractual relationship between Collier County and contractors.
(1) Each pre-qualified contractor must enter into a contract with Collier
County to perform residential rehabilitation services and participate in
the program.
a. The Collier County Purchasing Department, in tandem with the
Collier County Attorney's Office shall establish the appropriflte
form of contract between the pre-qualified contractors and the
county.
1. The contract utilized upon approval by the Collier County
Purchasing Department and the Collier County Attorney's
Office, which may be amended administratively from time
to time, shall be attached hereto and entitled "Contract C-
1, Agreement and General Specifications."
b. Entering said contract is not a guarantee to contractor that work
will be awarded to contractor for the residential rehabilitation
program.
1 . The contract provides the contractor the opportunity to
participate in a competitive bid process to provide
residential rehabilitation services for each eligible program
participant.
2. Contracts to provide residential rehabilitation services will
be awarded in accordance with Collier County's
Purchasing Policy. Qualitative factors including, but' not
limited to, the proposed time of completion for a project
and any in-kind contributions offered in the bid will also be
considered in the evaluation process.
c. "General specifications" found in Contract C-1 shall serve as a
guide to contractors and their subcontractors for preparing bids,
selecting materials, and performing work under the residential
rehabilitation program.
1. "General specifications" address:
i. Materials and Workmanship - General;
ii. Interpretation;
iii. General conditions; and
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iv. Specifications, which addresses rehabilitation work
and materials eligible for reimbursement under
program guidelines including:
a) Aluminum awnings and canopy;
b) Appliances - electrical and gas;
c) Blacktop/parking areas;
d) Cabinets;
e) Fencing;
f) Concrete work;
g) Doors and windows;
h) Electrical;
i) Floor and coverings;
j) Gutters and downspouts;
k) Insulation;
, ' I) Landfill;
m) Painting;
n) Plumbing;
0) Roofing;
p) Soffit and eaves;
q) Solar energy system;
r) Termites;
s) Tree removal;
t) Vents and crawl space access;
u) Exterior and interior walls and ceiling
finishes.
iv. Contractors and firms may be placed on the list of
eligible, pre-qualified contractors after the initial set
of eligible contractors has been established only
upon meeting all of the following requirements:
a) Contractor must meet all of the
requirements contained and established in
the initial program bid documents. '
b) Contractor must be approved and formally
added to the list of pre-qualified contractors
by the Board of County Commissioners.
(2), (3) Reserved.
(4) The housing and urb3n impro'lementFinancial Administration and
Housinq department will mail notices to all pre-qualified contractors
soliciting bids for eligible dwelling units based on the results of
inspections conducted by the Collier County Code Enforcement
Department or the City of Naples Building Division and documented on
each jurisdiction's "Inspection Form."
a. Pre-qualified contractors will have a maximum of fourteen (14)
calendar days from the date that the request for bids for an
individual project is mailed to complete and submit the work
write-up, in accordance with section 114-73(d)b. form and a
complete project bid to the Collier County Purchasing
Department.
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1. Any bid shall detail the individual cost to correct each
Code violation cited by the inspecting department or
division and shall address:
i. Labor costs.
ii. Material costs.
(5) Evaluation of bids.
a. In evaluating all bid prices, the county reserves the right to
compare all bids submitted for rehabilitation work under this
program to the following guidelines:
1. Labor costs should favorably compare to the most rec€:!nt
edition of The Building Estimator's Reference Book,
William H. Spradlin, Jr., ed. (Chicago, IL: Frank R. W~lker
Company).
i. Any labor cost that is not covered in this referencé
must be explained by the contractor and be broken
down by unit cost for the particular service
performed.
b. A copy of the bid document submitted by the contractor who is
awarded the contract for an individual dwelling unit shall be
provided to the county clerk finance department to ensure that
payments made to contractors reflect costs included in the bid.
(6) Notice to proceed.
a, The awardee will receive a notice to proceed when:
1. The homeowner has executed and recorded the second
mortgage,
2. The homeowner has executed the promissory note,
3. The homeowner and contractor have signed "Contract C-
2, Contract for Rehabilitation of Owner-Occupied Dwelling
Unit,"
4. The homeowner has signed "Contract C-3, Performance
Agreement" with Collier County.
b. The official notice to proceed will be issued on a county
purchase order by the purchasing department.
c. A supplemental proceed order will be issued to the contractor
through the Collier County Housing 3nd Urban
ImproyementFinancial Administration and Housinq Department
on "Form Q, Proceed Order." This program form will provide a
start date and a completion date for the particular project ;and
must be signed by the homeowner, the contractor, and the
Director of the Collier County Housing and Urban
Impro'lementFinancial Administration and Housinq Department.
d, "Form Q, Proceed Order" shall be maintained as part of the
permanent program file for each homeowner making application
to the Collier County Residential Rehabilitation Program.
(7) Notice of commencement.
a. Notice of commencement must be filed by contractor pursuant to
the requirements of F.S. Ch. 713, for each dwelling unit receiving
rehabilitation services under Collier County Residential
Rehabilitation Program.
b, Collier County Board of County Commissioners shall be named
on the Notice of Commencement as "Lender."
;
c. Collier County Housing and Urban ImprovementFinancial
Page 100 of 123
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Administration and Housina Department shall be named on the
notice of commencement as "Persons within the State of Florida
designated by owner upon whom notices or other documents
may be served" as provided by F.S. § 713.13(1)(a)7.
d. Collier County Clerk Finance Department shall be named Of} the
Notice of Commencement under "8. In addition to himself,
Owner designates ... to receive a copy of Lienor's notice" as
provided in F.S. § 713.13(1)(b).
(c) Homeownerlcontractor relationship.
(1) One standard program contract shall be used and signed by the
homeowner(s)/program applicant(s), and the contractor selected to
perform the work. ¡
a. Program Contract C-2 entitled "Contract C-2, Contract for
Rehabilitation of Owner-Occupied Dwelling Unit"
1. The "Contract for Rehabilitation of Owner-Occupied
Dwelling Unit" shall include, but not be limited to, the
following elements:
i. Scope of work;
ii. Contract sum, which includes the total contract
price;
iii. Commencement of work/notice to proceed;
iv. Time and liquidated damages;
v. Delays and extensions of time;
VI. Contract documents, including but not limited to the
contract for rehabilitation of owner-occupied
dwelling unit, the work write-up, and any approved
change orders directing modifications;
vii. Complaints and disputes;
viii. Public liability/builder's risk and workmen's
compensation insurance;
ix. Owner's liability/loss of insurance;
x.
xi.
xii.
xiii.
XIV.
xv.
xvi.
xvii.
xviii.
xix.
Equal opportunity;
Use of existing utilities by contractors
provision of temporary services of site;
Contractor supervision of employees;
Maintenance of premises;
Occupancy of the premises;
Inspection of work;
Change orders and modifications;
Guarantee of work;
Lead-based paint certification;
Conflict of interest;
and/or
,
xx. Compliance with local codes and ordinances;
xxi. Assignment and transfer;
xxii. Termination;
xxiii. Severability;
xxiv. Conflicting provision;
Page 101 of 123
Words struck through are deleted, words underlined are added
xxv. Waiver;
xxvi. Modification;
xxvii. Illegal or unconstitutional provisions;
xxviii. Hold harmless and indemnity;
xxix. Anti-discrimination statement.
2. A copy of "Contract C-2, Contract for Rehabilitation of
Owner-Occupied Dwelling Unit" shall be maintained ,.as
part of the permanent program file for each homeowner
making application to the Collier County Residential
Rehabilitation Program.
3. "General specifications for Rehabilitation and Home
Repair" which are included as part of the Contract
document entitled "Contract C-1, Agreement for Services"
between contractor(s) and Collier County shall guide and
provide direction to any and all contractors ánd
subcontractors for materials purchased and installed
under this program.
(d) .' 'Contractor/subcontractor relationship.
(1) Contractor shall provide Collier County Housing ~md Urban
Impro'lementFinancial Administration and HousinQ Department with a
project bid which shall include:
a. A list of all subcontractors performing work under contract, or
otherwise, for each dwelling unit that contractor provides
rehabilitation services. .
b. A breakdown of projected labor and material costs for each
subcontractor performing rehabilitation work on a particular
dwelling unit.
(2) Contractor is responsible for maintaining appropriate work quality'by
any and all subcontractors used to complete a rehabilitation project.
(3) Contractor shall require each of its subcontractors to procure ;and
maintain, until the completion of the subcontractor's work, insurance of
the types and to the limits specified for contractor in "Contract C-1,
Agreement" and "Contract C-2, Contract for Rehabilitation of Owner-
Occupied Dwelling Unit", unless such insurance requirements for the
subcontractor are expressly waived in writing by Collier County. ''All
liability insurance policies, other than professional liability, worker's
compensation and employer's liability policies, obtained by contractor to
meet the requirements of the "Contract C-1, Agreement" and "Contract
C-2, Contract for Rehabilitation of Owner-Occupied Dwelling Unit" shall
name the owner and Collier County as additional insureds and shall
contain severability of interest provisions. If any insurance required
expires prior to the completion of the work, renewal certificates of
insurance and, if requested by owner, certified true copies of the
renewal policies, shall be furnished by contractor within thirty (30) days
prior to the date of expiration.
(4) Contractor shall obtain a signed original of "Form M, Waiver of Lien to
Date" from all Subcontractors performing work on a dwelling unit prior
to submitting a "Form U, Request for Inspection."
a. All subcontractor waivers of lien are required to be submitted
with any contractor's request for payment.
b. Contractor must submit all waivers of lien with a request for
payment to the Collier County Housing and Urban
Impro'lementFinancial Administration and HousinQ Department.
(e) Performance of rehabilitation work by contractor and subcontractors.
Page 102 of 123
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(1) Materials to be purchased and installed shall conform to the minimum
material standards found in "General Specifications For Rehabilitation
and Home, Repair" as incorporated in "Contract C-1, Agreement for
Services" ¡
a. Materials that are equivalent(s) in quality and life-cycle may be
substituted.
b. Any substitutions of materials that occurs after a contract has
been completed and approved shall require a change order,
except where a particular item is no longer available.
1. Any change order(s) for substituted materials must be
approved and signed by the homeowner and the program
administrator or his/her designee prior to installation for
the material to remain an eligible expenditure.
c. Material specifications may be changed administratively, frpm
time to time, to reflect changes in markets and technological
improvements in material composition.
(2) All work performed by any contractor(s) and its subcontractor(s) shall
be in accordance with:
a. The inspection report completed and submitted by the Collier
County Code Enforcement Department of the City of Naples
Building Division.
b. Bid documents submitted by the contractor on "Form K, Program
Work Write-Up" and any supplemental plans submitted in
conjunction with this form.
c. The scope of work established and agreed to by the parties in
"Contract C-2, Contract for Rehabilitation of Owner-Occupied
Dwelling Unit."
"
d. The program document entitled "General Specifications for
Home Repairs and Rehabilitation."
(3) All work performed by any contractor(s) and their subcontractor(s) must
conform to the requirements of:
a. The Collier County Housing Code, Ordinance No. 89-06, as
amended;
b. The City of Naples Housing Code, Ordinance No. 92-6621,' as
amended;
c, All construction industry codes referred to in the above
referenced county and city codes, as amended;
d. "General Specifications for Rehabilitation and Home Repair;"
e. All materials and workmanship shall conform to the requirements
of the Standard Building Code, 1991 edition, as amended.
Sec. 114-75. Contractors selected by owner.
(a) Solicitation of contractors by owner.
(1) The owner may obtain bids from contractors and/or subcontractors who
are not pre-qualified by the county as long as the owner solicits
proposals according to the write-ups and inspections performed by !he
county or the City of Naples pursuant to section 114-73(d). The
aggregate cost may not exceed $15,000.00. The bid shall detail the
individual cost to correct each code violation cited by the inspecting
department or division and shall address labor costs and materials
costs. Labor costs should favorably compare to the most recent edition
of The Building Estimator's Reference Book. William H. Spradling, Jr.
ed., (Chicago, IL; Frank R. Walker Company).
Page 103 of 123
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,
(2) The owner may select a contractor after the county receives the
following documents:
a. Copy of the bid;
b. County and/or city occupational licenses;
c. Current certificates of insurance with coverage for:
1. Current liability insurance;
2. Current workmen's compensation;
3. Current business auto liability.
(3) The contractor is an independent contractor and shall not be deemed
an agent, employee or partner of the county.
(b) Administration of residential rehabilitation.
(1) A copy of the bid document submitted by the contractor who is awarded
the contract for an individual dwelling unit shall be provided to the
county clerk finance department to ensure that payments made to
contractors reflect costs included in the bid.
(2) Notice to proceed.
a. The awardee will receive a notice to proceed when:
,
1. The homeowner has executed and recorded the second
mortgage.
2. The homeowner has executed the promissory note.
3. The homeowner has signed "Contract C-3, Performance
Agreement" with Collier County.
b. The official notice to proceed will be issued in a formal letter
from the Financial Administration and HousinQ department. OO-a
oounty purchaße order by the purchasing dep3rtment.
c. A supplemental proceed order will be issued to the contractor
through the Collier County Houßing and Urban
Impro'lementFinancial Administration and HousinQ Department
on "Form a. Proceed Order." This program form will provide a
start date and a completion date for the particular project and
must be signed by the homeowner, the contractor, and the
director of the Collier County Housing and Urban
Impro'lementFinancial Administration and Housing Department.
;
d. "Form a. Proceed Order" shall be maintained as part of the
permanent program file for each homeowner making application
to the Collier County Residential Rehabilitation Program.
(3) Notice of commencement.
a. Notice of commencement must be filed by contractor pursuant to
the requirements of Chapter 713, Florida Statutes, for each
dwelling unit receiving rehabilitation services under the Cöllier
County Residential Rehabilitation Program.
b. Collier County board of county commissioners shall be named
on the notice of commencement as "lender,"
c. Collier County Housing ~md Urban ImprovementFinancial
Administration and HousinQ Department shall be named on the
notice of commencement as "Persons within the State of Florida
designated by owner upon whom notices or other documents
may be served" as provided by Section 713.13(1)(a)7., Florida
Statutes.
d. Collier County Clerk Finance Department shall be named on the
notice of commencement under "8. In addition to himself. Owner
Page 104 of 123
Words &truck through are deleted, words underlined are added
designates. . . to receive a copy of Lienor's notice" as provided
in Section 713.131(1)(b), Florida Statutes.
(c) Monitoring for rehabilitation/emergency home repair.
(1) Information regarding the nature of the work to be performed will be
obtained through the use of preliminary building inspections required by
the Department of Housing and Urban Impro\'ementFinancial
Administration and Housing. A copy of said inspection will be
maintained in the owner's permanent file. Health and safety housing
code violations will be given priority by the contractors over 'any
cosmetic rehabilitation.
(2) The owner will be responsible for the selection of the licensed
contractor who will perform the repair work. The selected contractor
must supply a detailed work write-up to the owner containing ,.an
itemized listing of material and labor costs. This work write-up is to be
approved by the owner and a representative of the Department of
Housing and Urban ImprovementFinancial Administration and HousinQ
prior to the commencement of rehabilitation. A copy of the approved
write-up will be maintained in the owner's permanent file. Thè
monitoring of the work will be the responsibility of the owner.
Contractual agreements will be executed between the owner and the
contractor. The Department of Housing and Urban
ImprovementFinancial Administration and Housing will maintain a copy
of the signed contract to be kept in the owner's permanent file.
(3) All work performed by contractor(s) and its subcontractor(s) shall be in
accordance with:
a. The inspection report completed and submitted by the Collier
County Code Enforcement Department or the City of Naples
Building Division. '
b. Bid documents submitted by the contractor on "Form K. Program
Work Write-up" and any supplemental plans submitted in
conjunction with this form.
(4) All work performed by any contractor(s) and their subcontractor(s) must
conform to the requirements of:
a. The Collier County Housing Code, Ordinance No. 89-06, 'as
amended;
b. The City of Naples Housing Code, Ordinance No. 92-6621" as
amended;
c. All construction industry codes referred to in the above
referenced county and city codes, as amended;
d. All materials and workmanship shall conform to the requirements
of the Standard Building Code, 1991 edition, as amended.
(d) Required documentation for rehabilitation/emergency home repair.
The following documents are required of all eligible households for repair
loans:
(1) Rehabilitation/emergency home repair work write-up. All work that is to
be performed must be listed on this form detailing labor and material
costs. This form must be delivered to a representative of the
Department of Housing and Urban Impro'/ementFinancial
Administration and Housing prior to the commencement of any repair
work, A signed copy will be provided to the owner and to the county
purchasing and finance departments. Loans granted under this
program are limited to a maximum of $15,000.00 per household.
(2) Final inspection. A copy of the signed final inspection will be maintained
in the owner's permanent file. A copy of the final inspection will 'be
Page 105 of 123
Words struck through are deleted, words underlined are added
provided to the owner and to the department of finance.
(3) Prof!1issory note. This note will be used specifically for the loans
granted under the Rehabilitation/Emergency Home Repair program. A
copy of the note will be maintained in the owner's permanent file, and
will also be sent to the department of finance. The original, executed
notè will be kept on file in the Department of Housing and Urban
ImprovementFinancial Administration and Housina.
(4) Second mortgage. The second mortgage will be used to secure; the
promissory Note and will be recorded by the Clerk of the Circuit Court
for Collier County. The original, recorded second mortgage will be kept
on file in the Department of Housing 3nd Urb3n ImprovementFinancial
Administration and Housing. Copies will also be made available to the
owner and the department of finance. All fee's associated with the
recording of this document will be paid by the owner.
(5) Waiver of lien. Upon completion of the repair work, the contractor will
be required to execute a waiver of lien. No payments shall be disbursed
until the Department of Housing 3nd Urb3n ImprovementFinancial
Administration and Housing receives the waiver of lien, a satisfactory
inspection report and the itemized contractor's invoice.
~
Seé. 114-76. Contractual relationship between Collier County and program
participant(s).
(a) Program participant(s) must meet income and program eligibility guidelines as
set forth in section(s) 114-72(b) and (c), above. '
(b) Applicant(s)/homeowner(s) is/are responsible for reporting any change of
income to Collier County Housing and Urban ImprovementFinancial
Administration and Housing Department within ten working days of any
change so that closing of a residential rehabilitation loan is not unduly
delayed.
(1) Changes in individual, household, and/or family income shall require
that "Form B, Applicant Income Certification" be completed and
recertified by homeowner(s).
a. Third party verification shall be completed prior to closing a
residential rehabilitation loan and executing "Form 0, Second
Mortgage" and "Form P, Promissory Note."
(c) Program participant(s) (i.e., homeowner, and co-owner where applicable)
must execute "Form 'N', Affidavit of No Income Change" prior to closing the
Residential Rehabilitation Loan and executing "Form 0, Second Mortgagé"
and "Form P, Promissory Note."
(d) Program participants must execute a Second Mortgage as a security interest
to finance the costs of rehabilitation work performed on the program
participant's dwelling unit.
(1) The secondary mortgage must be executed on "Form 0, Second
Mortgage" or on a substantially similar document that has been
approved by the Collier County Office of the County Attorney.
(2) Lenders may include, but not be limited to, Collier County Board of
County Commissioners or any registered financial institution operating
under the Laws of Florida in Collier County, Florida.
(3) The second mortgage shall set forth the obligations of the borrowe'r(s),
lender(s), mortgagor(s), and mortgagee(s) and shall include, but not be
limited to, the following uniform covenants:' ,
a. Payment of principal and interest; prepayment and late charges;
b. Funds for taxes and insurance;
c. Application of payments;
Page 106 of 123
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d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
o.
, . p.
q.
r.
s.
t.
u.
v.
Charges; liens;
Haz~rd or property insurance;
Occupancy, preservation, maintenance and protection of the
property; borrower's loan application, leaseholds;
Protection of lender's rights in the program;
Mortgage insurance;
Inspection;
Condemnation;
Borrower not released, forbearance by lender not a waiver;
Successor's and assigns bound; joint and several liability co-
signers;
Loan charges;
Notices;
Governing law; severability;
Borrower's copy;
Transfer of the property or a beneficial interest in borrower;
Borrower's right to reinstate;
Sale of note; change of loan service;
Hazardous substances;
Acceleration; remedies;
Release;
w. Attorney's fees;
x. Rider's to the security instrument.
(4) Mortgage dollar amount(s) shall be limited by and shall not exceed:
a. Program guidelines as established by program grantors;
b. Bids for rehabilitation services as submitted by participating
contractors. ¡
(5) Mortgage funds shall be disbursed pursuant to the terms of "Form p.,
Promissory Note" and/or "Contract C-3, Performance Agreement."
(6) The second mortgage shall be recorded with the office of the collier
county clerk of courts upon closing of the rehabilitation loan with the
lending entity and the homeowner.
(7) Upon closing, homem-mer must provide the Collier County Housing ;and
Urban ImprovementFinancial Administration and Housing Department
'/lith 3 check to ~cover the costs of recordation of the mortgage
instrument with the Collier County Clerk of Courts and documentary
stamp tax.
,
(8) No payment or disbursement of loan funds will be made or processed
for the program participant/homeowner or the contractor until Collier
County Houßing and Urban ImprovementFinancial Administration ;and
Housinq Department receives a certified copy of the recorded second
mortgage document.
(9) A copy of "Form 0, Second Mortgage" shall be maintained as part of
the permanent program file for each homeowner making application to
the Collier County Residential Rehabilitation Program. '
(c) Program participants must execute a promissory note as a security instrument
and promise to repay the second mortgage at the time that title to the property
Page 107 of 123
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transfers to an individual or individuals other than borrower(s), or in
accordance with the terms of Form 0, Second Mortgage.
(1) The promissory note must be executed on "Form P, Promissory Note"
or on a substantially similar document that has been approved by the
Collier County Office of the County Attorney.
(2) The promissory note sets forth the obligations of the borrower, the
lender, and the noteholder and shall include, but not be limited to, the
following elements:
a. Borrower's promise to pay;
b. Interest;
c. Payments;
d. Borrower's right to repay;
e. Loan charges;
f. Subordination;
g. Borrower's failure to pay as requested;
h. Obligations of persons under this note;
i. Waivers;
j. Uniform secured note.
(3) Homeowner must provide the Collier County Housing and Urban
ImprovementFinancial Administration and HousinQ Department witÞ1 a
copy of the document within three working days of signing by all
involved parties.
(4) No payment or advance of loan funds will be made or processed for the
program participanUhomeowner or the contractor until Collier County
Housing and Urban ImprovementFinancial Administration and Housing
Department receives a copy of the "Form P, Promissory Note" from the
homeowner.
(5) A copy of "Form P, Promissory Note" shall be maintained as part of the
permanent program file for each homeowner making application to, the
Collier County Residential Rehabilitation Program.
(d) Program participants must execute the program document entitled, "Contract
C-3, Residential Rehabilitation Program Performance Agreement."
(1) The performance agreement sets forth the obligations of the progrftm
participant with regard to the facts and purposes of the program which
includes, but is not limited to:
a. That program participant understands the conditions of the loan,
including program guidelines, rules, and restrictions;
b. That benefits are not transferable;
c. That eligible dwelling units be occupied by the program
participant prior to and after completion of rehabilitation worK to
the dwelling unit;
d. That several funding sources may be used to provide services
under this program, and which programs may have different
requirements regarding location of eligible dwelling units and use
of funds;
e. That the eligible dwelling unit must comply with the requiremerts
of the Collier County Housing Code, Ordinance No. 89-06, as
amended; or if located within the City of Naples, the unit must
comply with applicable sections of the City of Naples Housing
Code, Ordinance 92-6621, as amended;
Page 108 of 123
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f. That no owner, co-owner or relative of an owner or co-owner
shall serve as a contractor or sub-contractor for the rehabilitation
of the subject property, nor shall an owner, co-owner, or rela~ive
receive any compensation for their labor with any program funds:
1. A relative of a homeowner or co-owner shall be defined in
this instance as an immediate family member to indude
mother, father, brother, sister, aunt, uncle, and cousin or
a family member by marriage, to include mother-in-law,
father-in-law, brother-in-law, and sister-in-law.
g. That any contractor performing work under this program shall,be
pre-qualified by the county as per section 114-74 Contractors,
above.
, ;
h. That all work performed by a contractor will be in accordance
with the inspection report prepared by the Collier County Code
Enforcement Department, or by the City of Naples Building
Division, and that no changes to bid work will be paid for with
loan funds where there has not been express written prior
approval by the program administrator on the form entitled "Fórm
R, Residential Rehabilitation Program Change Order."
i. That access to the property and dwelling unit will be provide¡d to
county, city, or other appropriate personnel conducting
inspections to determine interim progress and/or completion of
work for any or all rehabilitation work performed with funds from
this program.
J. That contractor is responsible for acquiring any and all permits
and approvals to perform work under this program and must
provide evidence of permits where requested, by program
personnel, including but not limited to inspectors.
k. That owner/program participant shall execute the second
mortgage, promissory note, or other instrument deemed
appropriate for use in this program by the Office of the Collier
County Attorney and pay for recording costs. "
I. That payment for any work performed prior to execution of the
second mortgage, promissory note, or other approved
instrument, including but not limited to, an official notice to
proceed, shall be the sole responsibility of the
homeowner/program participant.
m. Liability for payment for any work performed by the contractor
which does not conform to the work write-up where express
written approval has not been given by Collier County Houßing
and Urban ImprovementFinancial Administration and Housinq
Department and the owner shall be the sole responsibility of
contractor.
n. That program funds for rehabilitation shall be loaned to owner at
zero percent interest and payment of the principal amount shall
be forqiven at a rate of 33.3% every five years until the balance
is zero, or deferred until such time that title to the property
transfers to an entity other than the owner or they refinance their
first mortqaqe.
o. That owner shall occupy the rehabilitated residential unit as the
owner/program participant's primary residence until a satisfaction
of mortgage is recorded in the Public Records of Collier County,
or shall be in default of this performance agreement, the
required second mortgage, and the promissory note.
p. That the maximum amount of the loan shall be the actual
amount paid to the contractor, or $15.000.00 7,500.00,
Page 109 of 123
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whichever is less. If the source of funding permits, the maximum
amount of the loan may be extended to $15.000.00 10,000:00
needed to correct housing code violations of the Collier County
Housing Code, Ordinance No. 89-06, as amended, or the City of
Naples Housing Code, Ordinance No. 92-6621, as they may be
amended from time to time.
q. That if the residence or property is historically significant:
1. Improvements must be consistent with those approved,. by
the Florida Department of State in accordance with the
most current revision of "Secretary of the Interior's
Standards for Rehabilitation and Guidelines; for
Rehabilitation of Historic Buildings," and
2. Improvements must comply with the Collier County
Historic/Archaeological Preservation Ordinance,
Ordinance No, 91-70.
r. That the performance agreement shall be enforced by Collier
County through injunctive or any other legal remedy.
(2) The Chairman of the Collier County Board of County Commissioners
shall be authorized by resolution to sign the performance agreement on
behalf of the county.
(3) A copy of "Contract C-3, Residential Rehabilitation Program
Performance Agreement" shall be maintained as part of the permanent
program file for each homeowner making application to the Collier
County Residential Rehabilitation Program.
Sec. 114-77. Inspection(s) of rehabilitation work.
(a) Interim inspections for code deficiencies.
(1) Contractors are responsible for arranging interim inspections with
appropriate county or city departments.
(2) Interim inspections will be conducted by Collier County C;ode
Enforcement Department, or the City of Naples Building Division in
order to determine compliance of rehabilitation work with the County
Housing Ordinance, Ordinance No. 89-06, as amended, or the City
Housing Code, Ordinance No. 92-6621, as amended.
a. All work performed under the Collier County Residential
Rehabilitation Program must conform to all state, county, and/or
city code requirements to be reimbursed under this program:
(3) Copies of inspection forms shall be signed by each individual
performing an inspection and a copy of the completed, signed
inspection form will be provided to the Collier County Housing and
Urban ImprovementFinancial Administration and Housing Department
within three working days of completing each inspection.
a. Each inspection form shall be maintained as a permanent part of
each program participant's file.
(4) Interim inspections of premises may be made by the Collier County
Houßing and Urban ImprovementFinancial Administration and Housing
Department, the Collier County Code Enforcement Department, the
City of Naples Building Division, or by inspection personnel from a
Collier County financial institution, when such institution becomes 'an
active participant in the Collier County Residential Rehabilitation
Program.
(5) All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to the requirements of "General
Specifications" as incorporated in"Contract C-1, Agreement" as well as
Page 110 of 123
Words struck through are deleted, words underlined are added
general industry work quality standards for such work, in order to pass
inspection(s) and be reimbursed under this program. '
(6) The Collier County Code Enforcement Department and/or the City of
Naples Building Division shall be vested with the authority to make a
final determination of conformance to Code requirements for all code
related rehabilitation work performed under this program.
(b) Interim inspections for rehabilitation work other than code deficiencies.
(1) Interim inspections for other rehabilitation work will be performed' by
Collier County Code Enforcement Department, or the City of Naples
Building Division to determine if materials and workmanship comply
with the requirements of this program as described in "General
Specifications for Rehabilitation and Home Repair," if applicabl~, a~
well as the requirements of the county and city for such work.
(2) Copies of signed, completed inspection forms for any inspection(s)
shall be provided to the Collier County Housing and Urban
ImprovementFinancial Administration and Housinq Department within
three working days of completion of the inspection.
(3) Each inspection form shall be maintained as a permanent part of each
program participant's file.
(4) Interim inspections of premises may be made by the Collier County
Housing and Urban ImprovementFinancial Administration and Housinq
Department, the Collier County Code Enforcement Department, the
City of Naples Building Division, or by inspection personnel from a
Collier County financial institution, when such institution becomes an
active participant in the Collier County Residential Rehabilitation
Program.
a. Such inspections may address, but are not limited to:
1. Inspections prior to mediation between the homeowner
and contractor, when needed;
2. Inspections to determine extent of work progress prior to
approval for an interim, progress, or final paymen1 to
contractor.
(5) All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to the requirements of "General
Specifications for Rehabilitation and Home Repair," if applicable, ,as
well as general industry work quality standards for such work, in order
to pass inspection(s) and be reimbursed under this program.
(6) The program administrator shall be vested with the authority to make a
final determination of work completeness and work quality in the event
that there is disagreement among any of the parties.
(c) Final inspections for code deficiencies.
(1) Contractors are responsible for arranging final inspections with
appropriate county or city inspection departments.
(2) Final inspections will be conducted by Collier County Code
Enforcement Department, or the City of Naples Building Division in
order to determine compliance of rehabilitation work with the County
Housing Ordinance, Ordinance No. 89-06, as amended, or the City
Housing Code, Ordinance No. 92-6621, as amended.
,
a. All work performed under the Collier County Residential
Rehabilitation Program must conform to alj state, county, and/or
city code requirements to be reimbursed under this program. ¡
(3) Copies of inspection forms shall be signed by each individua,l
performing an inspection and a copy of the completed, signed
inspection form will be provided to the homeowner and to Collier
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County Housing and Urban ImprovementFinancial Administration and
HousinQ Department within three working days of completion of ;any
final inspection.
a. Each inspection form shall be maintained as a permanent part of each
program participant's file.
(4) The Collier County Code Enforcement Department and/or the City., of
Naples Building Division shall be vested with the authority to make a
final determination of conformance to code requirements for all code
related rehabilitation work performed under this program.
(5) All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to the requirements of "General
Specifications for Rehabilitation and Home Repair," if applicabl~, as
well as general industry work quality standards for such work, in orçier
to pass inspection(s) and be reimbursed under this program.
(6) The program administrator shall be vested with the authority to make a
final determination of work completeness and work quality in the event
that there is disagreement among any of the parties.
(d) Final inspections for rehabilitation work other than code deficiencies.
(1) Final inspections for other rehabilitation work will be performed by
Collier County Code Enforcement Department, or the City of Naples
Building Division to determine if materials and workmanship comply
with the requirements of this program as described in "Ge~eral
Specifications for Rehabilitation and Home Repair," if applicable, as
well as the requirements of the county and city for such work.
(2) Copies of signed, completed inspection forms for all final inspections
shall be provided to the Collier County Housing and Urb3n
ImprovementFinancial Administration and Housing Department within
three working days of completion of the inspection.
(3) Each final inspection form shall be maintained as a permanent part of
each program participant's file.
(4) Final inspections of premises shall be made by the Collier County
Housing and Urban ImprovementFinancial Administration and HousinQ
Department, or by inspection personnel from a Collier County financial
institution, when such institution becomes an active participant in the
Collier County Residential Rehabilitation Program.
a. Such inspections may address, but are not limited to:
1. Inspections prior to mediation between the homeowner
and contractor, when needed;
2. Inspections to determine extent of work progress prior to
approval for final payment to contractor;
3. Inspection to determine if all receipted, purchased
materials have been installed; ,
4. Inspection to obtain homeowner final sign-off and
approval for final payment to contractor.
(5) All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to the requirements of "General
Specifications for Rehabilitation and Home Repair," if applicable, as
well as general industry work quality standards for such work, in order
to pass inspection(s) and be reimbursed under this program.
(6) The program administrator shall be vested with the authority to make a
final determination of work completeness and work quality in the event
that there is disagreement among any of the parties.
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Seè, 114-78. Methods of payment for rehabilitation work performed,
(a) Performance bonds.
(1) No performance bond shall be required to be posted by a contractor
selected by owner or pre-qualified contractor under this program.
(2) In lieu of posting a performance bond, an amount equal to 20 percent
of any interim progress payment will be retained pending completíon
and final approval of all rehabilitation work, and submission of waivers
of lien and proper documentation.
(b) Methods of payment for work performed.
(1) There are two methods by which contractors may be paid for services
rendered under this program:
a. One time payment for services:
1. Contractor submits "Form U, Request for Inspection" to
the Housing and Urb3n ImprovementFinal1cial
Administration and HousinQ Department. Such request
must have copies of receipts for materials attached. No
request will be processed without copies of the vendor
receipts for materials used on the dwelling unit.
2. Payment to contractor is contingent on submission'- of
"Form U, Request for Inspection," to Collier County
Housing and Urban ImprovementFinancial Administration
and HousinQ Department, final inspection by appropriate
personnel, and must be accompanied by:
i. Affidavit from contractor stating that subcontractors
and material suppliers have been paid for the
particular job and dwelling unit for which the
contractor is submitting a request for payment to
Collier County.
a) Contractor(s) must submit final, notarized
originals of "Form M, Waiver of Lien to Date"
from all subcontractors with the "Form U,
Request for Inspection."
b) Final inspections will not be conducted úntil
such time that final, notarized originals of
"Form M, Waiver of Lien To Date" have
been submitted to the housing and urban
improvementFinancial Administration' and
HousinQ department for all subcontractors
performing rehabilitation work on the
dwelling unit to be inspected.
c) Contractor(s) must submit final, notarized
originals of "Form M, Waiver of Lien to Date"
from all building material suppliers with
"Form U, Request for Inspection."
d) Final inspections will not be conducted until
such time that final, notarized originals of
"Form M, Waiver of Lien to Date" has been
submitted to the housing and urban
improvementFinancial Administration and
HousinQ department for all material vendors
providing materials for the dwelling unit to be
inspected.
ii. In the alternative, upon submission of invoices or
other documentation from contractor and a written
notarized statement from contractor that mater¡'als
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¡
have been supplied and services rendered which
are satisfactory to contractor, payment shall be
processed
iii. Final inspection of all work intended to correct
Collier County Housing Code violations " is
conducted by the code enforcement department
within three (3) working days of receipt of "Form U,
Request for inspection" from the housing '~md
urban improvementFinancial Administration and
HousinQ department.
IV. Final inspection of all rehabilitation work shall be
conducted by the Collier County Housing and
Urban Impro'lementFinancial Administration' and
HousinQ Department, the Collier County Code
Enforcement Department, personnel from
applicable city departments or divisions, and/or
appropriate personnel from a local financial
institution that is participating in the program, to
determine that all purchased materials have been
installed. Such inspection shall be conducted within
three (3) working days of receipt of "Form U,
Request for Inspection" by the housing and urban
improvementFinancial Administration and Housing
department.
v. Contractor, homeowner, and all inspector(s)
complete and sign form entitled "Form T,
Disbursement Authorization."
VI. Contractor executes form entitled "Form M, Waiver
of Lien to Date" and provides the original notarized
document to the purchasing department and a
copy of the executed form to the housing 3nd
urban improvementFinancial Administration and
HousinQ department.
3. Contractor submits copies of receipts for all rehabilitat~on
materials purchased and installed for reimbursement with
program/loan funds to the housing and urban
improvementFinancial Administration and Hou~inQ
department with signed and completed "Form T,
Disbursement Authorization."
4, Houßing and urban improvementFinancial Administration
and Housing department shall forward copies of, all
contractor's receipts for purchased materials, "Form T,
Disbursement Authorization," and other appropriate
documents to the Collier County Clerk's Finance
Department.
5. Collier County Clerk's Finance Department shall process
payment to contractor for the contract amount and for any
additional work authorized and documented on "Form R,
Change Order" by the program administrator. -
6. Contractor is responsible for providing payment to any
and all sub-contractors performing rehabilitation work on
dwelling units and property.
b. Progress payments.
1. All requests for progress payments must be submitted on
the form entitled "Form T, Disbursement Authorization.''"
2. Interim or final inspection of all work intended to correct
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Collier County Housing Code violations is conducted by
the code enforcement department, and all work to correct
City of Naples Housing Code is conducted by the city
building division, within three (3) working days of receipt
of "Form U, Request for Inspection" from the housing and
urban impro'lementFinancial Administration and Housing
department.
3. Interim inspection of all rehabilitation work shall be
conducted by the Collier County Housing ~md Urban
ImprovementFinancial Administration and HousinQ
Department, Collier County Code Enforcement
Department, applicable city departments or divisions,
and/or appropriate personnel from a local financial
institution that is participating in the program, to determine
that all purchased materials have been installed. Such
inspection shall be conducted within three (3) working
days of receipt of "Form U, Request for Inspection."
4. Contractor executes form entitled "Form M, Waiver of
Lien to Date" and provides the original notarized
document to the purchasing department and a copy of the
executed, notarized form to the housing and urban
impro'lementFinancial Administration and HousinQ
department.
5. Contractor, homeowner, and all inspector(s) complete and
sign form entitled "Form T, Disbursement Authorization."
6. Contractor submits copies of receipts for all materials
purchased with program/loan funds to the Housing and
Urban ImprovementFinancial Administration and HousinQ
Department with the request for progress payment land
"Form T, Disbursement Authorization."
7. Houßing and urban improvementFinancial Administration
and Housing department shall forward contractor's
invoice, copies of all receipts for purchased materials,
"Form T, Disbursement Authorization," and other
appropriate documents to the Collier County Clerk's
Finance Department.
8. Collier County Clerk's Finance Department shall process
payment to contractor for the invoice amount and for any
additional work authorized through change order by the
program administrator.
I. No payment shall be made for any work not
specifically authorized by the program
administrator, either by contract or by change
order.
9. Contractor is responsible for providing payment to any
and all sub-contractors performing rehabilitation work on
dwelling units and property.
(c)' Program participant files.
(1) Copies of every form and copies of all receipts used in the contractor
payment process shall be kept as a part of each individual
homeowner's program file.
(d) Change order contingency.
(1) Each rehabilitation loan will include a contingency reserve fund which,
as a general rule, will be based on ten (10) percent of the cost of the
rehabilitation contract.
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a. Contingency requirements may vary when such requirements
are mandated by a specific funding source.
(2) Any work completed pursuant to an approved change order that incúrs
additional costs will be deducted from this ten percent contingency
reserve.
(3) Contingency funds must be expended to attain the final dollar amount
of the second mortgage and the promissory note.
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ARTICLE V. S,H.I.P. DOWN PAYMENT/CLOSING COST ASSISTANCE,
PROGRAM GUIDELINES AND PROCEDURES*
Sec. 114-91. Introduction.
In April of 1993, the Local Housing Assistance Program, (Collier County
Ordinance No. 93-19, as amended by Ordinance No. 93-33) was adopted by the
Collier County Board of Commissioners. This plan was designed for the purpose of
establishing local administration of the State Housing Initiatives Partnership Program.
(S.bU.P.)
The primary goal of this legislation is to in-crease the availability of affordable
housing to very low and low-income persons and families in the county.
Very low and low income persons are defined is Collier County Ordinance No.
93-19, and further amended by Collier County Ordinance No. 93-31 as follows:
(1) Low-income person means one or more natural persons or a family, ~ot
including; students, that has a total adjusted gross household income
that does not exceed 80 percent of the median annual adjusted gross
income for households within the state or 80 percent of the median
adjusted gross income for households within the metropolitan statistical
area or, if not within a metropolitan statistical area, within the county,
whichever is greater.
(2) Very-low income person means one or more natural persons or a
family, not including students, that has a total adjusted gross household
income that does not exceed 50 percent of the median adjusted gross
annual income for households within the state or 50 percent of; the
median annual adjusted gross income for households within the
metropolitan statistical area or, if not within a metropolitan statistical
area, within the county, whichever is greater.
Income data for the Naples Metropolitan Statistical Area is supplied by the
United States Department of Housing and Urban Development (IFIUD), applicable to
all of Collier County, and updated annually. The definition for "annual income" is
found in 24 CFR, Section 813.106.
Section IV of the Local Housing Assistance Program states that several
different strategies will be employed for the administration and disbursement of
S,H.I.P. funds. Strategy 13, found on page 11 stipulates that a portion of the funds
be distributed through a down payment/closing cost assistance program for very low
and low income first time homebuyers. This strategy is more particularly described in
Section VII C., paragraph a. The Collier County S.H.I.P. Down Payment/Closing Cost
Assistance Program has been designed using this strategy as a framework, and
conforms to all rules and guidelines governing the distribution of these funds.
Assistance provided in conjunction with this program will be awarded to
qualified applicants in the form of a zero percent interest, deferred payment loans of
up to $15,000.00 $7,500.00 for the purpose of down payment/closing cost expenses
and rehabilitation or emergency repairs to the subject dwelling unit. The funds will be
distributed as follows: Purchasers of new homes which have had a certificate of
occupancy for less than 12 months at time of application will not Qualify for the
rehabilitation/emergency repair under this prOQram. but will be eliQible for down
payment/closinQ cost assistance of $15.000. Purchasers of existinQ homes with a
certificate of occupancy over 12 months at time of application will Qualify for the
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rehabilitation/emerqency repair of $2,500 under this proqram alonq with the down
payment/closinq cost assistance of $12.500. The note, with a total of up to
$15,000.00 $7,500.00 will be secured by a second mortgage payable to the
Affordable Housing Trust Fund, Fund 191, payable upon the sale of the dwelling unit,
refinance, or loss of homestead tax exempt status.
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Sec. 114-93, Eligibility criteria; down payment/closing cost assistance,
(a) Applicants will be recommended for this program through participating
members of the Collier County Banking Partnership, and other non-profit
organizations committed to meeting the credit and housing needs of the entire
community. Additionally, S.H.I.P. guidelines stipulate that the progra~ ;and
availability of funds be advertised in both newspapers of general circulation
and periodicals serving ethnic and diverse backgrounds.
(b) Applicants will be pre-screened by participating lenders in regards to total
annual household income, credit history, and capacity to repay. Applicants will
be asked to sign appropriate releases enabling the financial institution" to
provide such mortgage related information to the Collier County Department of
Housing and Urban ImprovementFinancial Administration and Housinq.
(c) Applicant eligibility. Applicants will be required to disclose the number of
occupants expected to reside in the subsequent dwelling unit, as well as their
anticipated gross annual incomes. Eligibility will be based on the following set
limits for gross annual income based on median figures established in January
of 2000 2003, provided by the U.S. Department of Housing and Urban
Development (HUD):
1 person. , . $33,100.00 $39,100.00
2 persons. . . 37,800.00 $44.650.00
3 persons. . . 12,550.00 $50,250.00
4 persons. . . 47,300.00 $55.850.00
5 persons. . . 51,050.00 $60.300.00
6 persons. . . 51,850.00 $64,750.00
7 persons. . . 58,650.00 $69.250.00
8 persons, . . 62,400.00 $73,700,00
The above limits are reflective of the maximum income allowed; adjusted for
family size, under the designation of low income household. These limits are subject
to change on an annual basis.
(d) Dwelling unit restrictions. This program is designed to assist in the purchase of
single-family houses, duplexes, or condominium units only. The maximum
sales price allowable will be $254.250.00 $130,000.00 for existing homes and
$254,250.00 $130,000.00 for new construction, or the amount indicated in the
Collier County LHAP. or as amended by the state of Florida S.H.I.P.
regulations. Beneficiaries must claim the subject dwelling unit as their
homestead.
(e) First time homebuyer status. In order to qualify for the program, applicaFlt(s)
must not have owned a home for a minimum of the most recent three
consecutive years. Verification of first time homebuyer status will be
documented in the participant(s) permanent file.
Sec. 114-94. Administration of down payment/closing cost assistance and,
rehabilitation/emergency repair.
(a) The director of the county department of housing and ur:;b3n
improvementFinancial Administration and Housing shall be designated as the
program administrator and have authority to sign all reports, transmittals,
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mortgage loan documents, and certifications regarding this program.
(b), The county department of houßing and urban improvementFinancial
Administration and Housing will be responsible for the following administrative
duties: ;
(1) Advertisement in a publication of general circulation announcing the
program and availability of funds.
(2) Accepting applications, reservation forms, and all supporting
documentation.
(3) Verification of eligibility requirements for the program, and approval of
applicants.
(4) The maintaining of all required documentation and recorqs of
correspondence for each beneficiary in a permanent file.
(5) The preparation of financial reports detailing S.H.I.P funds used,
remaining availability of funds, and participating local financial
institutions.
(6) The coordination of efforts between the county's housing and urban
impro'JementFinancial Administration and Housinq department,
purchasing and finance departments, with the goal of being timely and
efficient processing of all loan documentation and payments.
Sec, 114-95. Required documentation for down payment/closing cost"
assistance.
(a) The following documentation will be required of all beneficiaries of ;this
program. Documentation required for rehabilitation emergency repair
assistance will be detailed in the following section. Packets will be available
through the county department of housing and urb3n improvementFinancial
Administration and Housinq and at local lending institutions.
(1) Sales contract. A copy of the fully executed sales contract and lóan
application (Fannie Mae) will be required from the applicant(s). The
sales contract will verify the listed seller, sales price, and proposed
closing date. The application will establish borrower information that will
be further verified by other supporting loan documentation. A copy of
the sales contract and application will be maintained in the borrowers
permanent file.
(2) Reservation form. Requests for reservation of funds will be made by the
first mortgage lender through the use of this document. Information
contained in the form relates to the borrower(s), financial institution ;and
subject dwelling unit. It will be the responsibility of the first mortgage
lender to provide a completed copy of this form to the county
department of housing and urban impro'9'ementFinancial Administration
and Housinq in order to initiate the qualification process. A copy of the
reservation form will be maintained in the borrower's permanent file.
,
(3) Certification of financial institution. The officer of the financial institution
underwriting the first mortgage loan will be required to execute this
combined form before a notary public. The following information will be
verified through the use of this form:
a. Current annual family income.
b. That all information regarding the applicant is true and correct.
"
c. The loan will conform to lendinc parameters as stated in the
Certification of Participant form. That processing fees and cloßing
oosts paid by the mortgagor 3re reasonable and customary. '
d. That all loan funds will be applied to the required down
payment/closing cost or rehabilitation repair, and that the
borrower not receive any loan funds in cash.
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A copy of the combined certification of participant/certification of finanéial
institution will be maintained in the borrower's permanent file.
(4) Mortgagor's certification and past residence. Applicant(s) must not have
owned any home for a minimum of three consecutive years in order to
qualify as first time homebuyers. This document can be used as
verification of residence for the past three years, as well as providing
information regarding current amount of rent, and current landlord. A
copy of the mortgagor's certification and past residence will "be
maintained in the borrower's permanent file.
(5) S.H.I. P. income certification. This form is required documentation for
any program utilizing the S.H.I.P. monies as a funding source.
Information contained herein relates to anticipated household income,
assets, and household data. A copy of the S.H.I.P. income certification
form will be maintained in the borrower's permanent file.
(6) Affida'/it of no income change. If the 3pplicant's closing d3te is mbre
than 60 days after the date of S.H.I.P. approval then the borrower must
execute this f<>rm in order to verify that there has been no incre3s;e in
household income since origin311y qualifying for buyer assistance
through this program. S.H.I.P. Homebuver Education certificate. Each
applicant must attend a S.H.I.P. four hour homebuyer education class
prior to closinQ, A copy of the S,H.I.P. homebuyer education certificate
will be maintained in the borrower's permanent file.
(7) Promissory note. The promissory note will detail the loan agreement
established between the borrower and the Affordable Housing Trust
Fund, relating to the funds for down payment/closing cost assistance
and rehabilitation/emergency repair. The note will include details of the
loan including, but not limited to:
a. Borrower's promise to pay;
b. Interest and payments;
c. Borrower's right to repay;
d. Charges;
e. Subordination;
1. Borrower's failure to pay as requested;
g. Obligation of persons under this note;
h. Waivers;
i. Uniform secured note. .'
The original promissory note is to be maintained on file in the county's
department of housing 3nd urban improvementFinancial Administration and HousinQ,
and a copy will be maintained on file in the county's finance department.
(8) Second mortgage. The second mortgage will be used as the secu'rity
instrument for the promissory note, and will be recorded by the Collier
County Clerk of the Circuit Court. The original recorded second
mortgage will be held in the borrower's permanent file, in the Collier
County Department of Housing and Urb3n Impro'.'ementFinancial
Administration and HousinQ. Payment of fees associated with the
recording of this document will be the responsibility of the borrower.
(9) Third party verification. Third party verification of income will 'be
necessary whenever the applicant states that any part of the household
income is derived from public assistance, a government agency, or for
formal verification of employment. The following sources of income' will
require formal third party verification by the financial institution
underwriting the first mortgage loan:
Including but not limited to, military payment, social security benefits,
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public assistance, pension and annuities, unemployment benefits,
Veterans Administration benefits, educational assistance, income from
business, recurring cash contributions, child support, and assets on
deposit.
(b) This income verification information maybe represented on either Collier
County S.H.J.P. forms or other documentation supplied by the lender used for
underwriting purposes. While formal, written third party verification is always
preferable, a memorandum to the file documenting the conversation with the
third party will be acceptable. In such a case it is extremely important to
specify the date, contact person, phone number, and address of the third
party the conversation is conducted with.
Sec. 114-96, Rehabilitation/emergency repair; eligibility criteria,
"
(a). In order to be considered, applicants must meet the eligibility criteria for the
down payment/closing cost assistance portion of this program.
(b) Only construction, rehabilitation or emergency repair of affordable housing
which is a permanent improvement to the home, including but not limited to:
repairs or improvements which are needed for safe sanitary habitation,
correction of substantial code violations, the creation of additional living space,
and installation, repair, or replacement of any major goods, particularly
appliances will qualify under this program. .'
(c) Purchasers of homes which have had a certificate of occupancy for less than
12 months at time of application will not qualify for rehabilitation/emergéncy
repair under this program, but will be eligible for down payment/closing cost
assistance loans of up to $15,000.00$2,500.00.
(d) Rehabilitation/emergency repair loans will be limited to $2,500.00 per
borrower home.
Sec. 114-97. Monitoring of rehabilitation/emergency repair work including
goods purchases.
(a) Information regarding the nature of the rehabilitation/emergency repair work to
be performed or goods to be purchased will be compiled by the homebuyer.
Abatement or correction of health and safety housing code violations are to be
given priority over any rehabilitation work, addition of living space, or goøds
purchase.
(b) For goods identified to be purchased, the borrower must submit a price quote
to the county housing and urban improvementFinancial Administration and
HousinQ department for approval prior to purchase. This estimate is to be
approved by the borrower and a representative from the HUI FAH
Department prior to purchase or delivery. Thereafter, the housing and urban
improvementFinancial Administration and Housing department may insp,ect
the borrower's home for the approved goods to provide reasonable assurance
that the approved goods were delivered and are in good working order. No
funds will be disbursed prior to verification by the department housing '3nd
urban improvementFinancial Administration and HousinQ and inclusion of an
itemized delivery slip or invoice from the approved goods supplier.
(c) Rehabilitation/emergency repair work.
(1) For rehabilitation/emergency repair work not requiring a building permit,
the borrower has the option to either perform the rehabilitation work as
an owner/builder, or to contract with a tradesman holding a certificate of
a competency in Collier Countv in the specific trade corresponding to
the type(s) of rehabilitation work be to performed.
(2) For work requiring a building permit the borrower will be responsible for
the selection of a Collier County or state licensed contractor who must
perform the rehabilitation/emergency repair work.
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The contractor or tradesman who is selected must supply a detailed written
estimate to the borrower
(3) Borrowers performing their own rehabilitation repair work must also
submit a detailed cost estimate of materials to be purchased which
must be approved by the county's department of housing and urban
impro'JementFinancial Administration and HousinQ prior to
commencement of rehabilitation work.
(4) A copy of the approved estimate will be maintained in the borrower's
permanent file. Monitoring of the work to be performed by a tradesman
or contractor will be the responsibility of the borrower. Contractual
agreements made will be between the borrower and tradesman
contractor. The county's department of housing and urb3n
improvementFinancial Administration and HousinQ will be provided with
a copy of the signed contract and approved estimate ..for
rehabilitation/emergency repair work, which will be maintained in the
borrower's permanent file.
(5) Upon completion, any work requiring a building permit to be performed
will be inspected by the county permitting and review department. All
work performed not requiring a building permit and not requiring an
inspection by the county permitting and review department may be
inspected by the housing and urban improvementFinancial
Administration and HousinQ department to provide reasonable
assurance that such work has been satisfactorily completed.
(6) No funds will be disbursed prior to verification of satisfactory completion
of rehabilitation/emergency repair work by the county's building and
review or housing and urban improvementFinancial Administration and
HousinQ department and inclusion of final invoice from a material or
goods supplier and/or contractor or tradesman submitted to the county
housing and urban improvementFinancial Administration and HousinQ
department.
Sec. 114-98. Required documentation for rehabilitation/emergency repair
including goods purchases.
(a) The following documentation will be required of all participants eligible, for
rehabilitation/emergency repair loans:
(1) Contractorltradesman's, or materials, or goods purchase estimate. All
work that is to be performed must be listed on this form. A copy of the
approved estimate will be maintained in the borrower's permanent; file.
This form must be delivered to a representative of the coui1ty'~
department of housing 3nd urban improvementFinancial Administration
and HousinQ prior to the commencement of any
rehabilitation/emergency repair work. Rehabilitation/emergency repair
loans under this program will be made up to a maximum of $2,500.00.
(2) Physical inspection. A copy of all required physical inspections
conducted by the county permitting and review, or housing 3nd ul'b3n
improvementFinancial Administration and Housing department will be
maintained in the borrower's permanent file. A copy of these
inspections will be provided to the county finance department.
(3) Second mortgage. As described in the section detailing documentation
required for down payment/closing cost assistance, the secónd
mortgage will be used to secure the promissory notes. The second
mortgage will be recorded by the Collier County Clerk of the Circuit
Court. The original recorded second mortgage or' evidence the second
mortgage was recorded will be maintained in the borrower's permanent
file in the county's department of housing and urban
impro'lementFinancial Administration and Housina. Fees associated
with the recording of this document are to be paid by the borrower the
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Financial Administration and HousinQ department..
Sec. 114-99. Procedure of loan closings and the disbursement of funds.
(a). The lender underwriting the first mortgage will make a formal request for the
reservation of S.H.I.P. funds by contacting the county department of housing
3nd urban impro\'ementFinancial Administration and HousinQ. Reservation
requests should be made a minimum of 30 days prior to the contract closing
date, and substantiated through the use of the reservation form detailed in the
section describing required documentation. At this point, funds will be
reserved, and the applicant will be assigned a file number. It will be asked that
all completed program documentation be provided for the purpos~s' of
verifying the applicant's eligibility, and to initiate the disbursement process.
(b) The county purchasing department will be notified of the request for funds
through a requisition, and a separate purchase order will be issued for each
borrower. Loan funds for down payment/closing cost assistance will be issued
in the form of two payee checks, payable to the borrower/closing agent.
Receipt of these funds will be verified by the closing agent, and further
evidenced on the formal settlement statement, a copy of which will ,be
maintained in the borrower's permanent file. Copies of all down payment
assistance checks issued are to be kept in the borrower's permanent file.
Funds disbursed for rehabilitation/emergency repair will be disbursed to the
contractor, tradesman, business establishment, or homeowner only after
submission of the invoice and a satisfactory inspection report, if required.
(c) A representative of the county's department of housing and urban'
impro\'ementFinancial Administration and HousinQ will be present at loan closings
whenever possible. The representative will verify that all mortgage and supporting
documents have been executed properly, and that the second mortgage be
recorded by the Collier County Clerk of the Circuit Court. The recorded second
mortgage or evidence of recording, will then be kept on file in the county's
department of housing and urban impro\'ementFinancial Administration and
HousinQ. The completed borrower's file will contain copies of all documentation
received from the first mortgage lender in addition to the S,H.I.P. funds provided'
by this program, for the purposes of establishing a complete audit trail.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier
Co~nty or other applicable law, the more restrictive shall apply. If any phrase or'
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE:
INCLUSION IN THE COLLIER COUNTY 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
¡
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Ordinance may be renumbered or relettered to accomplish such consistent with
Chapters and sections allocated herein, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION SIX:
EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of
Sta!e, except that the provisions in Section Two, relocating provisions of the'
existing Land Development Code into the Code of Laws shall not become
effective until 12:01 AM on September 27, 2004, or until such other time as the
provisions of Ordinance Number 04-41 may thereafter become effective.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 27th day of JULY, 2004.
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
;~,~'. :'! \,\" "'" : _~p'uty Clerk /)f :: COLÏ/J=TY']~
;, ~¡. oI(~~~_' ~,~ -ø; t~,Cb&1r1tða'S DONNA FIALA, CHAIRMAN
~ -::..;" ~.-~" It~~t~e: Qf\ly.
~. '. . r bye._ d a~ij&'~Qr.ro~~à£1éf,
lé ¡f;~'6i c '::.~JJ" - :. .
~ ,/ t~' ,"
Patrick G. ite
Assistant County Attorney
If¿
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO, 2004-55
Which was adopted by the Board of County Commissioners on
the 27th day of July, 2004, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of July, 2004,
DWIGHT E, BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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By: Hei~i~¡G':' RÒCkhols!! \. ~':.
Deputy :Clerk . ò;' : ;'1.-,
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