Ordinance 2005-27
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~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
~IIOle8L... COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01
ABBREVIATIONS COA AND TIS, SEC. 1.08.02 DEFINITIONS FOR
AFFORDABLE HOUSING, PERVIOUS SURFACE, EXOTIC
VEGETATION, KENNELING AND SHOPPING CENTER; CHAPTER 2
- ZONING DISTRICTS AND USES, INCLUDING, SEC. 2.03.00 ZONING
DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING, SEC. 2.03.08
EASTERN LANDS/RURAL FRINGE AND RFMU RECEIVING LANDS,
SEC. 2.05.02 DENSITY BLENDING, SEC. 2.06.03. AHDB RATING
SYSTEM, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING
DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING
SEC. 3.03.06 NATIVE VEGETATION RETENTION ON COASTAL
BARRIERS, 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ~s;,'.~.
3.05.02 EXEMPTIONS FROM REQUIREMENTS OF VEGETA~
PROTECTION AND PRESERVATION, SEC. 3.05.05 CRITERIA g
REMOVAL OF PROTECTED VEGETATION, SEC. 3.0$01
PRESERVATION STANDARDS, SEC. 3.05.08. REQUIREMENT ~
REMOVAL OF PROHIBITED EXOTIC VEGETATION, 3.0~
REGULATED WELLFIELDS INCLUDING MAPS; CHAPTER 4 - ~
DESIGN STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIO~
STANDARDS FOR PRINCIPLE USES IN BASE ZONING DISTRIC~
SEC. 4.02.23 SAME-DEVELOPMENT IN THE ACTIVITY CENTER #9
ZONING DISTRICT, SEC. 4.03.00 SUBDIVISION DESIGN AND
LAYOUT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03 EXEMPTIONS,
SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.05.04
PARKING SPACE REQUIREMENTS, SEC. 4.06.00 LANDSCAPING,
BUFFERING, AND VEGETATION RETENTION, SEC. 4.06.01
GENERALLY, 4.06.03 LANDSCAPING REQUIREMENTS FOR
VEHICULAR USE AREAS AND RIGHTS-OF-WAY SEC. 4.06.04
TREES AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS, SEC. 4.08.00 RURAL LANDS
STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS,
SEC. 4.08.05 LANDS WITHIN RLSA, SEC. 4.08.07 SRA
DESIGNATION, SEC. 4.08.08 BASELINE STANDARDS; CHAPTER 5
- SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.02.00
HOME OCCUPATIONS, SEC. 5.02.03 STANDARDS, SEC. 5.03.02
FENCES AND WALLS, SEC. 5.05.02 MARINAS, SEC. 5.05.08
. ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS
AND PROJECTS, SEC. 5.05.09 COMMUNICATION TOWERS
DEVELOPMENT STANDARDS, SEC. 5.05.12 SPECIFIC
STANDARDS FOR RAW WATER WELLS IN COLLIER COUNTY,
SEC. 5.06.01 GENERALLY, SEC. 5.06.07 ENFORCEMENT AND
PENALTIES; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS
AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SEC. 6.01.02 EASEMENTS, SEC. 6.06.01 STREET SYSTEM
REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND
DUTIES OF THE ENVIRONMENTAL ADVISORY COUNCIL;
CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS
INCLUDING, SEC. 9.04.00 VARIANCES, SEC. 9.04.01 GENERALLY,
SEC. 9.04.03 CRITERIA FOR VARIANCES, SEC. 9.04.06
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ORDINANCE NO. 05- '7
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REQUIREMEN rs FOR VARIANCE TO THE COASTAL
CONSTRUCTION SETBACK LINE; CHAPTER 10 - APPLICATION,
HEVIEVV, ANI I DI:CISIOt-,J··MAI(ING PROCEDURES, INCLUDING,
~EC. '10.0'1.02 ¡)EVELOPMENl ORDERS REQUIRED, SEC. 10.02.02
SUBMI1TAL t ,ECHIIHEIVIEI'JTS FOR Al.L APPLICATIONS, SEC.
HUIL.03 SUB~ H"frAL r~EQUIREMENTS FOR SITE DEVELOPMENT
PLANS, SEC. ¡(L02.04 SUBMITTAL REQUIREMENTS FOR PLATS,
10.02.06 SUBiurTAL REQUIREMENTS FOR PERMITS, SEC.
'10.02.07 SUBUIITTAL REQUIREMENTS FOR CERTIFICATES OF
PUBLIC FACILHY ADEQUACY, SEC. 10.02.12 BUILDING OR LAND
ALTERATION PERMITS, SEC. 10.02.13 PUD PROCEDURES, SEC.
10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC.
'10.09.00 VAI'~IANCE PROCEDURES; APPENDIX E ACCESS
MANAGEMENI PLAN MAPS, APPENDIX H LDC/UDG
GOMPAHATIVE 'lABLES, SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, PUBLlCAll0N AS TI"iE GOLLlEf{
COUNTY LAhD DEVELOPMENT CODE; AND SECTION SIX,
EFfECTIVE DÞ ft:.
Recitals
WHEREAS, UI\ October 30, 1991, the Collier County Board of County
Commissioners acllJpted Ordinance No. 9"1-102, the Collier County Land
Development Code (hereinafter LDC), which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners
(Board) on June 22', 2004, adopted Ordinance No. 04-41, which repealed and
superceded Ordinallce No. 91-102, as amended, the Collier County Land
Development Code, which had an effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each
calendar year unless additional amendment cycles are approved by the Collier
County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC;
and
WHEREAS, this is the first amendment to the LDC for the calendar year
2005; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner
prescribed by law, did hold advertised public hearings on May 11, 2005 and
June 8, 2005, and did take action concerning these amendments to the LDC;
and
WHEREAS, the subject amendments to the LDC are hereby
determined by this Board to be consistent with and to implement the Collier
County Growth Management Plan as required by Subsections 163:3194 (1)
and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant
to the local government comprehensive planning and land development
regulation act (F.S. § 163.3161 at saq.), and F.S. § 125.01(1)(t) and (1)(w);
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and
WHEREAS; this ordinance is adopted pursuant to the constitutional and
horne rule powers ìf Fla, Canst. Art. VIII, § 1 (g); and
VVrIEF'(EAS, all applicable substantive and procedural requirements of
tI ie lélW Ildve other' vise been met.
NOW, THE(~EFORE BE IT ORDAINED by the Board of County
Commissioners of ,-::ollier County, Florida, that:
SECTION ONE:
RECI fALS
TI18 foregoing Recitals are true and correct and incorporated by
reference herein a~ if fully set forth,
SECTION TWO:
FINDiNGS OF FACT
The Board c.f Commissioners of Collier County, Florida, hereby mal<es
the following findinqs of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat, the
Florida Local Government Comprehensive Planning and Land Development
Regulations Act (herein after the "Act"), is required to prepare and adopt a
comprehensive plan,
2. After adoption of the Comprehensive Plan, the Act and in
particular Se. 163.3202(1). Fla. Stat., mandates that Collier County adopt land
development regulations that are consistent with and implement the adopted
comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of the
Act that the adoption and enforcement by Collier County of land development
regulations for the total unincorporated area shall be based on, be related to,
and be a means of implementation for, the adopted comprehensive plan.
4. Section 163.3194(1)(b), Fla. Stat., requires that all land
development regulations enacted or amended by Collier County be consistent
with the adopted comprehensive plan, or element or portion thereof, and any
land regulations existing at the time of adoption which are not consistent with
the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), Fla. Stat., states that the Act shall be
construed to encourage the use of innovative land development regulations.
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6. On J; :nuary 10, 1989, Collier County adopted the Collier County
Growth Managernl :nt Plan (hereinafter the "Growth Management Plan" or"
(;rvlfY') as its con iprehensive plan pursuant to the requirements of Sec,
6331 hi et SÐq" ~ la. Stat., and Rule 9J-5 F ,A.C,
7. Sectil/fl 163.3194( 1 )(a), Fla. Stat., mandates that after a
comprehensive plUl, or element or portion thereof, has been adopted In
conformity with the Act, all development undertaken by, and all actions taken
in regard to development orders by, governmental agencies in regard to land
covered by such cdmprehensive plan, or element or portion thereof shall be
consistent with sud I comprehensive plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order
or land developmcnt regulation shall be consistent with the comprehensive
plan if the land use;, densities or intensities in the comprehensive plan and if it
meets all other critE.'ria enumerated by the local government.
9, Section 163,3194(3)(b), Fla. Stat., requires that a development
approved or undertaken by a local government shall be consistent with the
comprehensive plan if the land uses, densities or intensities, capacity or size,
timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities, or intensities in the comprehensive
plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991 Collier County adopted the Collier County
Land Development Code, which became effective on November 13, 1991 and
may be amended twice annually. The Land Development Code adopted in
Ordinance 91-102 was recodified and superceded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended
and necessary to preserve and enhance the present advantages that exist in
Collier County; to encourage the most appropriate use of land, water and
resources consistent with the public interest; to overcome present handicaps;
and to deal effectively with future problems that may result from the use and
development of land within the total unincorporated area of Collier County and
it is intended that this Land Development Code preserve, promote, protect and
improve the public health, safety, comfort, good order, appearance,
convenience and general welfare of Collier County; to prevent the
overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water,
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sewerage, schools, parks, recreational facilities, housing and other
requirements and services; to conserve, develop, utilize and protect natural
resources within ¡he jurisdiction of Collier County; to protect human,
environmental, so ;Ial and economic resources; and to maintain through
orderly ~Jrowth an, development, the character and stability of present and
future land uses al d develupment in Collier County.
12, It is tie intent of the Board of County Commissioners of Collier
County to implem,:nt the Land Development Code in accordance with the
provisions of Ule CeJllier County Comprehensive Plan, Chapter 125, Fla. StaL,
and Chapter 163, F la, Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND
Dt:VELOPIV1ENT CCH)E
SUBSECTION 3.A AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.0'1 Abbreviations, of Ordinance 04-41, as amended, the Collier
County Land Developmer t Code, is hereby amended to read as follows:
1.08.01 Abbreviations
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COA Certifi:::ate Of Adequate public facilitv
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TIS Transportation/Traffic Impact Study
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SUBSECTION 3.8 AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41 as amended, the
Collier County Land Development Code, is hereby amended to read as
follows:
1.08.02
Definitions
Housing, affordable Workforce: Ono or morc means residential dwelling units
with a monthly rent or monthly mortgage payment, including property taxes
and insurance, not in excess of 1/12 of 30 percent of an amount which
represents a ranQe of median adjusted gross annual income (median income)
for tRe household§ as published annually by the U.S. Department of Housing
and Urban Development within the Naples Metropolitan Statistical Area (MSA)
(See section 2.05.02), 50 percent or 10EE (for very low incomo), 50 porcont to
80 percent (for low incomo), or 80 percent to 100 porcent (for modorato
income) of the specificallv including the following subsets:
Owner Occupied Workforce Housing 50% or less of Median Income. otherwise
considered to be "very-low income,"
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Owner OccupiedJtJo~!sfog:e Housinq 5.1 % - 6Q%,.QLMedlatL!Qcome, otherwise
cQ!J~id~f.ed to _þe 'J~w in~(!.m~
QW[g'l!_ Occ~!QiQ!L\[ or!sfQI';ü l-jouSi!:lfL61Yo .:.J3Jl% of~1edian_jncome I otherwise
cunsidereel to be "I, ill\! jllLI ¡me "
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Q~~!)~~I~_Q£:!~~!IÚQ~L ~ºr!i"Hce Housing ª1 % - 1.QQ.%-ºf_Meqiap Income,
Q!!!QLt~j§Q5':0!!~[~JQ! lQJQ.JQ_~:Q}oderªte i!}çg!ll~
t3~~L1!ªL\£{Qf!sJS2rcQ. !~!Qu~ír!fLJess tJ¡an_ 50%__QL MQºiaD-1!Jcome"-º.!herwise
ç~!!l~i~!ª !:QºJQ_ b (L::~.,~Q!Jº~'Li n co !l}~
f3t!Jt~L\lVorkfºE~~!lQusi!."!'Lle§§.J!lan 51 % - 60%) of r"1ediarr.JncQrnQ,--º!!lervyise
con::ilQQred to !lS:L~h~wj!¡c~!!!le."
The term affordable housing is specifically intended to includes weFkfofGe
RBUSWI§-WRiGfH&- .¡j n+teGt&·BWReF--BGBH~ed-hoH&iH§-witH---a-meAtl-1l }1-ff-19fttj aye
þa YFHent,-jAGluEiiFlý . pmperly-taxes-aAÐ-iASUFaRGe,·-not-iH· eXG8-SS er··~ ¡LId--ûf30
pBfGeRt- ef.-an-dHl\ uHt-\-\it~iGh--fepf€SeF-lts-€)Q-pefGeHt-te-lQO-pef6eFÜ-Or . HIe
IH etl i a n-atljustecl-§f ,}S s-a Ii Fl ual fAGOFflefer-t ::¡ e-Heuseheld a s-pu bl i shed-dFI HU a II y
bV-·U-~8··lJ ð;-Qe part I ¡-H~At-ü ¡. pleuslfttl-a REI-~rbaADevelo¡'Hfle nt-wi U:¡ciH ·U~e [.J d pi d S
iVletre¡JolitaH--Statl ,tisal· AFea----(MSAj;-·(See--!::it-:J.BtieH--¿,G5,G2L âffºrd~l!A~
wQ!bfQ!!:e JlQll§'U:!9_
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Kennelinq: An estal)lishment licensed to operate a facility housinQ..S!ogs, ca!§,
or oHler tlOusellold pets or the keepinq of more than three doqs, six rnont/ls or
Qld~..QD..J) "ernises used for residential.Qurpose~the keepinq oLrnore !t¡an
two doqs o!LQ!QL2.Qrty used for industrial or commercial securi!Y..llidmQ§.es:
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Pervious (also pelvious surface or pervious area - applicable to Section
4.05.03 onlv): Material that allows the percolation or absorption of water into
the qround includinq, but not limited to qrass, mulch, and crushed stone.
Pavers (excludinq those specifically designed and constructed to be pervious)
and limerock are not considered as pervious surface.
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Shoppinq center: A group of unified commercial establishments built on a site
which is planned, developed, owned or manaqed as an operating unit and
related in its location, size, and type of shops to the trade area that the unit
serves. It consists of eiqht or more retail business or service establishments
containinq a minimum total of 20,000 square feet of floor area. No more than
20 percent of a shoppinq center's floor area can be composed of restaurants
without providinq additional parkinq for the area over 20 percent. A marina,
hotel. or motel with accessory retail shops is not considered a shoppinq
center.
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Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters
native vegetation communities ~displacing native plant species, changing
the structure or ecological functions of native plant communities, or hybridizing
with native species: which includes all species of veaetation listed on. A list of
theso oxotios oan be found in the 2003 Florida Exotic Pest Plant Council's List
of Invasive Species. under CateQory I.
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Wells. raw water: The individual or collective excavations and resultinq
appurtenant equipment owned or operated by a public or Quasi public entity
which are the source of raw water used to provide public irrigation or potable
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water. When watE Úrom._such wells is conveyed throug!l..Qbysically connected
!D.frasIT..!:!cture to ( _pub!!c or quasi:Q.ubljc treatment facility, the system of
ºtl~§.ícªH::LIL!ter::co l!}ect~¿ºjllfrastrl!ctU(1ZJ¡m1 we!!§._Dlml._..Qª consjdered !Q.J¿Q
çç.HQçtLy.Q!L!Qç¡:lle ¡'-:i~!l~dlº"-(ls_11JQL!ºŒll..l~_loJ2Q_ aQQlied ill GMP PQ!Lç~ie.§
(LLJ,- ªILQ (),1,2,-~ (l~! d!~yjlllQleme!ìtilJ.gJand develop.!llQ!JLrequla!io!}~
SUBSECTION 3.e AIIJIENDMENTS TO SECTION 2.03.05 OPEN SPACE
ZONING DISTRICTS
Section 2,03,05 Oren Space Zoning Districts, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to read
as follows:
2.03.05
Open SpacI: Zoninu District
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B. Conservation Distll;t i'CON "
'1. Allowable LISt S. TIle following uses are allowed in the CON District, ~
a. Uses pe milled as of right.
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(8) Cil and gas exploration subject to illm!icable fQdera! and
slate drilling permits and Collier County non-environmental
site development plan review procedures, Directional-drilling
c..ld/or previously cleared or disturbed areas shall be utilized
ill order to minimize impacts to native habitats, wllere
determined to be practicable. This requirement shall be
deemed satisfied upon issuance of a state permit in
cornpliance with the criteria established in Chapter 62C-25
through 62C-30, F.A.C., as such rules existed
Q!l 2005, nhe effective date of this
QrovisioD.l regardless of whether the activity occurs within
the Big Cypress Watershed, as defined in Rule 62C-
30.001 (2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable federal
and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 throl,1gh
62C-3Q, F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the applicant
shall be responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42, F.S., to
assure compliance with Chapter 62C-25 through 62C-30,
even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected
from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a} (1) through (12),
F.A.C.
(9) The following essential services
(a) Private wells and septic tanks necessary to serve
uses identified in 1 through 8 above.
(b) Utility lines necessary to serve uses identified in 1
through 8 above, with the exception of sewer lines.
(c) Sewer lines and lift stations if all of the following
criteria are satisfied:
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i. Such sewer lines or lift stations shall not be
located in any NF<PA Lands in the CON
district;
ii. Such sewer lines or lift stations shall be
lucated withiD. already cleared portiOllS of
exisllng rights-or-way or easements; and
iii. Such sewer lines or lift stations are
necessary to serve a central sewer system
that provides service to Urban Areas or Lo
the Rural Transition Water and Sewer
District.
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c. CondithJnal uses,
(1) (JiI and gas field development and production, subject to
f ~dªraL_ªDd state field development permits and Collier
(;ounLy lìon-environmental site development plan review
f:rocedures, Directional-drilling and/or previously clear8d 01
uislurbed areas shall be utilized in order to minimize irnpacts
t) rlative habitats, where determined to be practicable, This
jquirement shall be deemed satisfied upon issuance of a
::..tate permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F,A.C., as Jllo~ª--_x!Jlª§
existed on 2005, [the effective date of !b.is
rrovisionl, regardless of whether the activity occurs within
the Big Cypress Watershed, as defined In Rule 62C-
30.001 (2), FAC. All applicable Collier County environmental
permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or
state oil and gas permits for proposed oil and gas activities
in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, FAC.
For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the applicant shall be
responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C.,
even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected
from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.
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SUBSECTION 3.D.
AMENDMENTS TO SECTION 2.03.07 OVERLAY
ZONING DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended,
the Collier County Land Development Code is hereby amended to read as
follows:
2.03.07 Overlay Zoning Districts
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D. Special Treatment Overlay "ST".
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4. Transfer of dDevelopment Rights (TOR).
f. Procer· jres Applicable to the Transfer of TDR Credits from RFMU
semBI I<:HHJS
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ii. ;ounty-maintained central TOH registry, In order to
"jcilitate lhe County's monitoring and regulation of the TOR
' ograrn, the County shall serve as the central registry of all
Df~ credit purchases, sales, and transfers, as well as a
" :entral listing of TOR credits available for sale dnd
I )urchasers seeking TOR credits. No TOR credit generated
lrom RFMU sending lands may be utilized to Increase
\ Jensity In any area unless the following procedures are
,;ornplied with in full.
I) TOR credits shall not be used to increase density in
either nUI1-RFrvIU Receiving Areas or Rt=r'JIU
receiving lands until severed from RFMLJ sending
lands. TDR credits shall be deemed to be severed
fronl RFMU sending lands at such time as a TDR
credit Cel tificate is obtained from the County dnd
recorded. TDR credit Certificates shall be issued
only by the County and upon submission of the
following:
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ii) a title search, or other evidence,establffihiA§
sufficient to establish that prior to the
severance of the TOR credits from RFMU
sending lands, such Sending Lands were not
subject to a conservation restriction or ª'-lY
other development restriction that prohibited
residential development;
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vi) documented evidence that. if the property
from which TORs are beinq severed is subject
to a mortqaqe. lien. or any other security
interest: the mortqaqee. lien holder. or holder
of the security interest has consented to tt:!ª
conservation easement required for TOR
severance.
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d) Each TDR credit shall have an individual and
distinct tracking number, which shall be identified
on the TOR Certificate that reflects the severance
of tho TDR credit from RFMU Sending Land. The
County TOR Registry shall maintain a record of
all TDR credits, to include a designation of those
that have been expended.
!l The County bears no responsibilitv to provide notice
to any person or entity holdine a lien or other
security interest in Sendina Lands that TDR credits
have been severed from the property or that an
application for such severance has been filed.
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SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.08 EASTERN
LANDS/RURAL FRINGE ZONING DISTRICTS
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Section 2.03,08 E"stern Lands/Rural Fringe Zoning Districts, of Ordinance 04-
4'1, as drnended, the ( ulliet County Land Development Code is hereby amended
to rGdeJ as follows:
Section 2.03.08 Éast ,nl-baAdsIRural Fringe Zoning Districts
A. Rural Frin£1e 1\. Ixed-Use District (RFMU District)
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2. RFMU re.."eiving lands,
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a. OUtsic13 rural villages
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(3) \IIowable Uses
(I) Uses Permitted as of Right. The followin~J uses are
permitted as of right, or as uses accessory to
pellnilted uses:
i. Agricultural activities, including, but not limited to:
Crop raising; horticulture; fruit and nut produclion;
forestry; groves; nurseries; ranching; beekeeping;
poultry and egg production; milk production;
livestock raising, and aquaculture for rldlive
species subject to the State of Florida GameaRJ
ÞFesJ:twatef---ÞisJ:t-GemmissieR Fish and Wildlife
Conservation Commission permits, Owning,
maintaining or operating any facility or part thereof
for the following purposes is prohibited:
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G. B. Natural resource protection area overlay district (NRPA).
1. Purpose and intent. The purpose and intent of the Natural Resource
Protection Area Overlay District (NRPA) is to: protect endangered or
potentially endangered species by directing incompatible land uses away
their habitats; to identify large, connected, intact, and relatively
unfragmented habitats, which may be important for these listed species;
and to support State and Federal agencies' efforts to protect endangered
or potentially endangered species and their habitats. NRPAs may include
major wetland systems and regional flow-ways. These lands generally
should be the focus of any federal, state, County, or private acquisition
efforts. Accordingly, allowable land uses, vegetation preservation
standards, development standards, and listed species protection criteria
within NRPAs set forth herein are more restrictive than would otherwise
be permitted in the underlying zoning district and shall to be applicable in
addition to any standards that apply tin the underlying zoning district.
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0, C. North Belle Meade Overlay District (NBMO)
1. Purpose and intent. The North Belle Meade Overlay (NBMO) is unique
to the RFMU district because it is surrounded by areas that are vested
for development on three sides. Because this area is largely
undeveloped and includes substantial vegetated areas, the NBMO can
and does provide valuable habitat for wildlife, including endangered
species. The NBMO is intended to achieve a balance of both
preservation and opportunities for future development that takes into
account resource protection and the relationship between this area and
the Estates developing around the NBMO.
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SUBSECTION 3.F AMENDMENTS TO SECTION 2.05.02 DENSITY
BLENDING
Section 2,05,02 Of NSITY BLENDING, of Ordinance 04-41, as amended, the
Collil:l County Land D ;veloprnenl Code is hereby arnended to read as follows:
2.05.02 DENSITY BLENï, ING
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B. Conditions and limitations.
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3. Properties s:raddling the Immokalee urban area and the RLSA district.
Density anu Intensity Blending between properties straddling the
Imrnokalee i. Irban Area and the RLSA District shall be pernlilted,
subject to al of the fullowing conditions and limitations:
éL 'fhe [iroject in aggregate must be a minimum of 200 acres in
Size,
b, The I<Hlds from which density and/or blending are shifted must
be wi:hin the Irnmokalee Urban Area must be designated
Recrt.:ational/Tourist District.
c. The lé¡nds within the Immokalee Urban Area from which density
and/Oi intensity are shifted must have a ~Gð- FLLJCFCS
Code designation of Group 1 or Group 2 and an Index Value of
greater than 1.2, both as indicated on the Natural Resource
Index.
4. Lands straddlinq RFMU Receivinq and Neutral Lands. Densitv blending
between properties straddlinq Receiving and Neutral Lands in the RFMU
District is permitted subject to all of the followinq condjtions and
limitations:
a. Tile property was under unified control as of June 19, 2002;
b. The project for which density is to be blended must be a minimum of
eiqhty (80) aqqreqate acres in size;
c. A minimum of 25% of the property must be RFMU ReceivinQ Land; .
d. The project must extend central water and sewer to serve the entire
project. unless alternative interim sewer and water provisions are
authorized by the County; and
e. The density must be shifted so as to preserve and protect the hiqhest
qualitv native veQetation and wildlife habitat on-site and to maximize
the connectivity of such native veQetation and wildlife habitat with
adiacent preservation and habitat areas.
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.06.00 AFFORDABLE
HOUSING DENSITY BONUS
Section 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, of Ordinance
04-41, as amended, the Collier County Land Development Code is hereby
amended to read as follows:
2.06.00 AFORDABLE HOUSING DENSITY BONUS
2.06.01 Generally
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A. Within most of the coastal urban designated areas identified on the future land
use map of the Cullier County GMP, a base density of four (4) residential
dwelling units pe, gross acre is permitted. However, the base density may
be adjusted dept.1din9 on the characteristics of the development . One
clìaractelistic of (j housing development which would allow the addition of
dt:l1sity bOI ¡uses i, order to increase the density over the base density is the
provision of affoilalJle housing in the development , The provision of
affordable housi, fJ units may add up to eight (8) dwelling units per gross
acre to the base d .l1sity of four (4) residential dwelling units per gross acre,
for a total of twelv ; (12) residential dwelling units per gross acre, plus any
other density bon,ises available, and minus any density reduction for traffic
congestion area rE,quired, pursuant to the collier county §ffif) GME. The lotal
eligible density mllSt not exceed a total of sixteen (16) dwelling units per
gross acre, excepl as allowed through use of transfer of development rights,
as provided for in ¡he growth management plan, Tile program to accomplish
this increase to previde affordable housing is called the affordable housinu
density Bonus (/\[ IHIB) progrdlTL
B. Within most of tht Immokalee Urban area, as identified on tile Irnmokalee
drea master plan Iture land use map of tile growth rndnagement plan, base
densities are fourJr six or eight residential dwelling units per gross acre.
f10wever, the base density may be adjusted depending on the characteristics
of tile developmeld. One characteristic of a housing development that would
allow the addition uf density bonuses is the provision of affordable housing
in the development. Tbe provision of affordable housing units may add Lip
to eight dwelling units per gross acre to the base density of four, six or eight
residential dwelling units per gross acre, for a total of twelve, fourteell or
sixteen residential dwelling units per gross acre, plus any other density
bonuses available, The total eligible density must not exceed a total of 16
dwelling units per gross acre.
C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural
area, as identified on the future land use map of the growth management plan,
towns, villages, hamlets and compact rural developments are allowed at a
density range of one-half to four dwelling units per gross acre. The allowed
density may be adjusted depending on the characteristics of the
development. One characteristic of a housing development that would allow
the addition of density bonuses is the provision of affordable housing in the
development. The provision of affordable housing units may add up to eight
dwelling units per gross acre to the allowed density of one-half to four
dwelling units per gross acre, for a total of eight and one-half to twelve and
one-half residential dwelling units per gross acre, plus any other density
bonuses available.
ß.:. D. In order to qualify for the AHDB for a development, the developer must apply
for and obtain the AHDB from the County for a development in accordance
with this section, especially in accordance with the provisions of the AHDB
program, including the AHDB rating system, the AHDB monitoring program,
and the limitations on the AHDB.
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4. Review and recommendation by the hOb/sing tmd urban impm~'()mont
d.',rfJGtor Countv Manaaer or desianee. After receipt of a completed
application for AHDB, the houe:ing ~md urban improvement diroctor
County Manaaer or designee must review and evaluate the application
in light of the AHDB rating system, the AHDB monitoring program and
the requirements of this division section. The housing :md urban
impro':ement direotor County Manaaer or desianee must coordinate
with the development services director to schedule the AHDB
application with the companion application for rezoning, planned unit
development or stewardship receiving area, and must recommend to
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the planninq commission and the Beaffi-ef county comm+ssieABFS BCC
to deilY, grmt, or grant with conditions, the AHDB application. The
reCOll1lTlenu ¡tiun of the heusiA§-~~Hd--HF8êH-1--tmf:JffiVeHteAt~-~EHFe6teF
CQ!::!!!!Y._ f\/ldì 1d9~C_QLQ.Qsiill!QQ Inust illcluue a report in support of ~ is
reCOI1HnencJ ¡lion.
5. F'¿eview an, recommendation by the planning commiSSIOn. Upon
receipt by II ¡:; planning commission of the application for AI-lOB and tile
written ree jmrnendation and report of the AeHsffig--ami-uffian
i¡:¡:¡pffivemeli---4iFe€tef County Manaç¡er or designee, the planning
commission must schedule and hold a properly advertised and duly
noticed public hearing on the application. If the application has been
submitted in conjunction with an application for a PUD, then the hearing
must be co¡ Isolidated and made a part of the public hearing on the
application ¡or the PUD before the planning cornrnission, and the
plarming c(¡ nmission must consider the application for AHDB ill
conjullctionrvith the application for the PUD. If the application has been
submitted in conjunction witll an application for a rezoning, then [he
hearing Illwl be consolidated alld made a part of the public Ilearing on
the application for rezoning before the planning commission, and the
planning ccmmissioll must consider the application for AI-lOB in
conjunction '/Vitll the application for rezoning. If the application has been
submitted in conjunction with an application for a stewardship receiving
area, then tile hearing must be consolidated and made a part of the
public hearing on the application for stewardship receiving area before
the planning commission, and the planning commission must consider
the applica!ion for AHDB in conjunction with the application for
stewardship receiving area. After the close of the public hearing, the
planning commission must review and evaluate the application in light
of the requirements of this EHvl&ÏeA section and the requirements for a
rezoning, PUD rezoning, or stewardship receiving area, as applicable,
and must recommend to the eeard of ceHnty comm~55iEffieF5 BCC that
the application be denied, granted or granted with conditions.
6. Review and determination by board of county commissioners. Upon
receipt by the b03rd of county commissioners BCC of the application for
AHDB and the written recommendation and report of the fteH5iA§-aRd
urb3n improvement director County Manager or desiqnee and
recommendation of the planning commission, the b03rd of county
commissioners BCC must schedule and hold a properly advertised and
duly noticed public hearing on the application. If the application has
been submitted in conjunction with an application for a planned unit
development (PUD), then the hearing must be consolidated and made
a part of the public hearing on the application for the planned unit
development (PUD) before the board of county commissioners BCC,
and the b03rd of county commissioners BCC must consider the
application for AHDB in conjunction with the application for the planned
unit development (PUD). If the application has been submitted in
conjunction with an application for a rezoning, then the hearing must be
consolidated and made a part of the public hearing on the application
for rezoning before the board of county oommissioners BCC, and the
board of oounty oommissioners BCC must consider the application for
AHDB in conjunction with the application for rezoning. If the application
has been submitted in conjunction with an application for a stewardship
receiving area, then the hearing must be consolidated and made a part
of the public hearing on the application for stewardship receiving area
before the board of oounty commissionors BCC, and the b03rd of
county oommissionors BCC must consider the application for AHDB in
conjunction with the application for stewardship receiving area. After the
close of the public hearing, the board of oounty oommissionors BCC
must review and evaluate the application in light of the requirements of
this division section and the requirements for a rezoning, and must
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deny, grant, or grant with conditions, the application in accordance with
the AHDB rdting system and the AHDB monitoring program.
G E. The procedures t( request approval of a density bonus are described in
ClJéJpler '10 of Ii ,is LUC, éJlonD with requirements for the ueveloper's
açJreelllent to ensu, 8 compliance,
SUBSECTION 3.H AMENDMENTS TO SECTION 2.06.03 AHDB Rating
System
Section 2,06.03 AHDB Rating System, of Ordinance 04-41, as amended, the
Collier County Land D\;velopment Code is hereby amended to read as follows:
2.06.03 AHDB Rating Sy;tem
A. The AHDB rating s¡stem shall be used to determine the amount of the AHDB
which may be granted for a development, based on household income level,
HUtfll3eF- nøf--BeEJ re" . FflB-- 3eF----a ffGFàa bte-- R9\Jsiflg-HAit, ty pe of a no rda b I e
housing units (ov\.ner-occupied or rental, single-family or multi-family, éJnu
percenlage of affürdable housing unils in the development. To use lhe
AHDB rating systei n, Tables A amt-g, below, shall be used. Tables A aAH-B
shall be reviewed clnd updäled, if necessäry, on an annual basis by lhe BCe
or its designee.
1. First, choose the household income level (moderate, 10'#, or veFy-ffiw
50% of Medjan Income, 60% of Median Income, or 80% of Mediar}
Income) of the affordable housing unit(s) proposed in the
development , and the type of--affordable housing units (owner-
occupied or rental, single-family or multi-family, where applicable) to be
provided, as shown in Table A. Thon, roferring again to Table A, cReese
tho number of bodrooms pFeposed for the affoFdðbte---It9using-tlAHfs}:
An AHDB fati-A.§ based on the household income level and the numi3eF-ef
bedrooms is shown in Table A.
Table A.
+ABLE INSET:
*For oluster housing do·..·olopment s in the urban ooastal fringe, :.Idd one (1) density
bonus to obtain two (2).
2. After the I\HDB rating has been determined in Table A, 10c:.Ite it in
Table B, and determine the peroentage of that type of afferdable
housing unit proposed in the dÐ~olopment oomparod to the total
number of dv:elling units in the deyolopment . From this
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aotorminattüA, Iable Ð A will indicate the maximum number of
residentíal I.\welling units per gross acre that may be added to the
base densL V ' These additional residential dwelling units per gross
acre alc: I e maxirnum AI-lOB available to that development .
Developmc Its with percentages of affordable hOllsing units which
fall in b¡;lWt an the percentages shown 011 table b 6-shall receive an
AHDB equ,'¡ to the lower of the two (2) percentages it lies between,
plus 011(7tel lh (1 ;-10) of a residential dwelling unit per gross acre for
each ad,Jitil:lal percentage of affordable housing I:eAtal units in the
developme ,t , For example, a development which has twenty-four
(24) pelcel of its total residential dwelling units as affordable
housing ums,aHd-wRiBA-M&-aA--AHD-ß-¡:atiHª-eµ4~ at the 80%MI level
will receive In AHDB of 44 2.4 residential dwelling units per gross
acre for the; levelopment.
+aÐle- B. (AdaHieHaI-av ail<; !} e-dwelli-Rg-uRits-pef-f:}r-ess--aBfe)
T-AgL6-~NS~:r~
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3. Where more than one (1) type of affordable housing unit (based on
level of income and number of bod rooms shown in Table A) is
proposed for a development , the AHDB for each type shall be
calculated separately in Tablo B. After the AHDB calculations for each
type of affordable housing unit have been completed in Table 8, the
AHDB for each type of unit shall be added to those for the other type(s)
to determine the maximum AHDB available for the development. In no
event shall the AHDB exceed eight (8) dwelling units per gross acre.
Table A. Affordable Housina Densitv Bonus
(Additional Available DwellinQ Units Per Gross Acre)
10%
80% MI* 1 ~ ª ~ Q § Z ª ª ª
Income 60% MI ~ ª ~ Q § Z ª ª ª ª
Level
50% MI 3 4 5 6 7 8 8 8 8 8
·Owner-occuDied only
Total Allowable Density = Base Density + Affordable Housina Density Bonus
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In no event shall the maximum qross density allowed exceed 16 units per acre,
B. The AHDB shalí be available to a development only to the extent that it
otherwise corTl lies and is consistent with the GMP and the land
development 8gLllations, including the procedures, requirements,
condllions, and I "iteria for "PUDs" and rezonings, where applicable.
c. 'The minimum ntunber of affordable housing units that shall be provided in
a development pursuant to this section shall be ten (10) affordable
housing units,
D. The ratio of numb~:c of bedrooms per affordable housing unit sha!Ll~eral
ºª--ªQual to lt~Iªtio_-º Jhe number of bedrooms per resideD!¡ªUlOlU~~Llhe eJJHI~
º~velºpllleIA
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SUBSECTION 3.1. AMENDMENTS TO SECTION 2.07.00 Table of
SETBACKS For Base Zoning Districts
Section 2,07.0 Tabi.} of SETBACKS For Base Zoning Districts, of Ordinance
04-41, as amended , tty~ Collier County Land Development Code is hereby
amended to read as follows:
2Á)-7-.-00 Table-of SET-BAGI<S For Bas~aRing DistFiGts
Zoning
Q+stffGt-
Minimum Re3r Y3rd
~ett-
i6-SGheel
f~€ utfefHenl&-
E--
A-
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4'MH District additional yard requirements: side yard setback from a public road that
is external to the boundary of the park - 50 ft.; the minimum setback on any sido from tho
exterior boundary of tho park - 15ft.
1TRVC DiGtriot additional yard roql:liromentG: setbaok from' exterior boundary of
park - 50 ft.; setback from an external street - 50 ft., setback from ::m internal street -
25 ft.; setback from ~my building or other structuro - 10ft.
3C 3 Distriet minimum setbask an any side that is waterfraAt - 25 ft.; setback for
marinaG - nona.
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4C -1 3nd C 5 Dif:tfiGtc minimum setback-Gn any side that--fs w3tertront - 25 ft,;
5€tÐaBk 'f8f-ffiafiFí as- :..:n8He¡-setltaGkBR-aRy-siee--aojaGent-4e-a-faHr-eae--fi§At-ef.-Way-=
Hone
A--=-i3G%-ef-tA&-euikJ iH§-i:tei§i:tt,4:HA-oot-less-tAaA--+á-+eet7
B-=-W%-Bf-tRe--euiJEJ i H§-Rei§ A t,But-Ret--less-t11aR-ð 0 feet,
~G%-of the btill€Jflt§ height, but not lecG th3n 25 foot.
9 - 50% of tho I3-uikId'1§--fleight, but not loss than 25 feot. Structures 50 feet or more-ffi
i:tei§Rt- =-2&-feet--plu ..;-ene-aooi-HBAffi--feet-Bf--.sefuaBk-f8F-B361+-feet-ef-ltu ildiA§--hef§Rt
WBf-5G--feeh
Ë - the tot31 of 31+--sto8--7'ard setb3cks shal~al 20% of tho lot width, witH-a
mi3*ffi-HJfA--ef--5G-+eet,·· Ne-sf€le -yaffi-shall-ge-~ess-t~1aA-W-feet-AI tefAatW8--d iHí8-flSieAS
may,ee---p8&SfblewAt; H--a f:jf3Feveo -tRFeugl+-a-unif-ieovlaR-ef--Eievelepment--ir+veMng-ene
Of-ffiBffi-!et&-unoeH"Jffi ffieR-eWAef-5f1-i ¡3-whe¡:e--tfI e-yafd-FeEflÚfements.--a¡:8--fHet-.fø F--the
un-itied -si t e--fHA--not-Hb6BSSaFily-fef:-ea G~lfiaf6el-wi tA fn tl=l6--uHiHeesi lee
F - the yard reEftHæfj lent&-&f1aI~-be-e€tl:1al-te tho most restrictive atijei-A-iH§-ffistfi-Gh
X-=-fef---ßFi~aH7tfl¡dUfe~~U-f}roperty lines; for accessory stru6tUfe&;-2á
feet-from -æ 1-pFBf3eFty ¡ i HBS;
SUBSECTION 3.J. AMENDMENTS TO SECTION 3.04.02 Species Specific
Requirements
Section 3.04.02 Species Specific Requirements, of Ordinance 04-41 as
amended, the Collier County Land Development Code is hereby amended to read
as follows:
3.04.02 Species Specific Requirements
A. Gopher Tortoise (Gopherus polyphemus).
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11. When identifying the native vegetation preservation
requirement of section 3.05.00. 3.05.07 of this LDC for parcels
containing gopher tortoises, priority shall be given to protecting
the largest, most contiguous gopher tortoise habitat with the
greatest number of active burrows, and for providing a
connection to off-site adjacent gopher tortoises' preserves. 'All
gopher tortoise preserves shall be platted with protective
covenants, as required by this section and section 10.02.04
3.05.07 H of this LDC or, if the project is not platted, shall
provide such language on the approved site development plan.
It shall be a priority to preserve scrub habitat, when it exists on-
site, for its rare unique qualities and for being one of the most
endangered habitats in the County, regardless of whether
gopher tortoises are relocated off-site.
12. Gopher tortoises shall be removed from all active and inactive
burrows located within the area of construction prior to any site
improvement, in accordance with the protection/management
plan approved by County Manager or designee.
13. Exemptions. Single family platted lots, seven and one-half acres
or less in size, shall be exempt from the requirements set forth in
subsections 5 through 11 above, when these lots are not a part
of a previous development which has been required to comply
with subsections 5 through 11. However, gopher tortoises shall
be protected pursuant to 4-4 1-3 above.
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B Sea Turtle Protection,
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5. It shall be unlawful, during the nesting season, to construct any
structure, add any fill, mechanically clean any beach, or grade
any dirt within 100 feet of the nesting zone of a beach where sea
turtles nest or may nest, without obtaining a construction in sea
turtle nesting area permit from the County Manager or designee.
a. If sea turtle nesting occurs within 100 yards of the
construction, measured parallel to the shoreline during
permitted construction activities, the nest area shall be
flagged by the permittee and the County Manager or
designee informed prior to 9:00 a.m. of that morning.
b. Depending on nest location, in relation to intensive
construction activities, the County Manager or designee
may require that the nest(s) be relocated by the
applicant.
c. Construction activities shall not interfere with sea turtle
nesting, shall preserve or replace any native vegetation
on the site, sRa» must maintain the natural existing beach
profile, and minimize interference with the natural beach
dynamics and function.
d. Construction or repair of any structure, including, but not
limited to, dune walkovers, seawalls, or other revetments,
sandbags, groins, or jetties, shall not be permitted during
sea turtle nesting season on any County beaches. except
if permitted structures are damaQed by a named storm or
other declared natural disaster and the followinQ
conditions are met.
1. Minor repair work (boards need to be nailed back to the existing
intact structure, or a few boards need to be replaced) that can be
performed completely from atop the structure is authorized after
obtaining the necessary approval of the FDEP and notifying
Collier County Environmental Services of that work..
2. Prior to any major repair work (greater than that described in 1
above) or reconstruction of any part of the structure, the
following information shall be provided to so that staff can
determine if the major repair or reconstruction can occur prior to
the end of sea turtle nesting season:
a. The appropriate permit from FDEP.
b. . The location of all known sea. turtle nests. Community
, Development and Environmental Services (CDES) staff
will provide assistance in locating nests. Construction
activities shall not occur within 10 feet of these boundaries
for v!able nests.
c. A survey by a qualified consultant locating any gopher
tortoise burrows on site within 50 feet of the structure.
Relocation of gopher tortoises will be required when the
burrows are in harms way of the construction activity.
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d. Photographs of the site as it existed after the storm to
document the conditions of the property.
e. An aerial of the property showing the CCSL line.
f. A copy of a CCSL variance or CCSL permit if required
and building permit approving the original construction of
the structure.
3. Sea turtle nest locations will be reestablished using their
previously recorded GPS locations and accuracy data to identify
a 95% confidence boundary. Construction activities shall not
occur within 10 feet of these boundaries for viable nests. Nests
will be considered viable for 80 days from the time the nest was
recorded unless it can be proven that a particular nest has been
damaged by the storm and there is no chance of any hatchlings.
4. Minor structures, as defined by Florida Statutes Subsection
161 ,055, of the Coastal Zone Protection Act of 1985, shall be
approved provided that they also comply with:
a. Federal requirements for elevations above the 100-year
flood level,
b. Collier County Buildinq Code requirements for flood
proofing,
c. Current buildinq and life safety codes,
d. Collier County and State of Florida Department of
Environmental Protection CCSL/CCCL requlations,
e. Applicable disability access requlations of the American
Disability Act (ADA), and
f. Any required Collier County zoninq and other
development requlations with the exception of existinq
density or intensity requirements established. unless
compliance with such zoninq or other development
reaulations would preclude reconstruction otherwise
intended by the Build back Policy as determined by the
Emerqency Review Board established herein.
6. The followinq shall be obliqations for all property owners who
have had sand washed ashore (as a result of a storm) and
deposited on the dune and seaward of the CCSL. As supported
bv GMP Conservation and Coastal Manaaement Element
Obiective 10.4 and Policy 10.4.8 . construction seaward of the
CCSL shall not interfere with sea turtle nestina. will minimize
interference with natural beach dynamics. and where appropriate
will restore the historical dunes and will veaetate with native
veaetation and help in the restoration of natural functions of
coastal barriers and beaches and dunes.
The Droperty owner may be prohibited from removing the
deposited sand when it is determined that the wash over was a
Dart of the natural rebuildina of the beach and dune system.
Only native salt tolerant beach or dune veaetation may be
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planted on the deposited sand, after obtaininq a Collier County
CCSL permit.
This shall not apply to sand washed over onto yards that have
received the appropriate Collier County approvals for
landscapinq seaward of the CCSL (such as sinqle family homes
alonq Vanderbilt Beach).
iI. It shall be unlawful for any person to kill, molest, or cause direct
or indirect injury to any species of sea turtle in Collier County or
within it's jurisdictional waters. It shall be unlawful to collect or
possess any part of a sea turtle.
SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.02 Exemptions from
Requirements for Vegetation Protection and
Preservation
Section 3.05.02 Exemptions from Requirements for Vegetation Protection and
Preservation, of Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended to read as follows:
3.05.02 Exemptions from Requirements for Vegetation Protection and
Preservation
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C. Agricultural exemption. Agricultural operations that fall within the scope of
sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the
provisions of section 3.05.00 3.05.03 throuqh 3.05.09, provided that any new
clearing of land for agriculture outside of the RLSA District shall not be
converted to non-agricultural development for 25 years, unless the applicable
provisions set forth in section 3.05.00 3.05.04 throuqh 3.05.07 G. are adhered
to at the time of the conversion. The percentage of native vegetation
preserved shall be calculated on the amount of vegetation occurring at the
time of the agricultural clearing, and if found to be deficient, a native plant
community shall be restored to re-create a native plant community in all three
strata (ground covers, shrubs and trees), utilizing larger plant materials so as
to more quickly re-create the lost mature vegetation.
D. Pre-existing uses. Exemptions from the requirements of section 3.05.00
3.05.07 F. throuqh 3.05.09 shall not apply to, affect or limit the continuation of
uses within the RFMUD which existed existing prior to June 19, 2002.
1. Such existing uses shall include: those uses for which all required
permits were issued prior to June 19 2002; or projects for which a
conditional use or Rezone petition has been approved by the County
prior to June 19, 2002; or, land use petitions for which a completed
application has been submitted and which have been determined to be .
vested from the requirements of the Final Order prior to June 19, 2002.
The continuation of existing uses shall include expansions of those
uses if such expansions are consistent with or clearly ancillary to the
existing uses.
2. Such previously approved development shall be deemed to be
consistent with the GMP Goals, Policies and Objectives for the RFMU
district, and they may be built out in accordance with their previously
approved plans. Changes to these previous approvals shall also be
deemed to be consistent with the GMP Goals, Objectives and Policies
for the RFMU district as long as they do not result in an increase in
development density or intensity.
E. Exempt mangrove alteration projects. Mangrove alteration projects that are
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exempted from Florida Department of Environmental Protection permit
requirements by Florida Administrative Code 17-321.060 are exempt from
preservation standards for the mangrove trees, unless they are a part of a
preserve. This exemption shall not apply to mangrove alterations or removal in
any preserve or in any area where the mangroves have been retained in
satisfaction of section 3.05,07. The Collier County Environmental Advisory
Council (EAC) may grant a variance to the provisions of this section if
compliance with the mangrove tree preservation standards of this GivlffieA
section would impose a unique and unnecessary hardship on the owner or any
other person in control of affected property. Mangrove trimming or removal for
a view shall not be considered a hardship. Relief shall be granted only upon
demonstration by the landowner or affected party that such hardship is
peculiar to the affected property and not self-imposed, and that the grant of a
variance will be consistent with the intent of this division and the growth
management plan.
SUBSECTION 3.L. AMENDMENTS TO SECTION 3.05.05 Criteria for
Removal of Protected Vegetation
Section 3.05.05 Criteria for Removal of Protected Vegetation, of Ordinance
04-41, as amended, the Collier County Land Development Code is hereby
amended to read as follows:
3.05.05 Criteria for Removal of Protected Vegetation
The County Manager or designee may approve an application for
vegetation removal permit if it is determined that reasonable efforts have been
undertaken in the layout and design of the proposed development to preserve
existing vegetation and to otherwise enhance the aesthetic appearance of the
development by the incorporation of existing vegetation in the design process.
Relocation or replacement of vegetation may be required as a condition to the
issuance of an approval in accordance with the criteria set forth in this section. In
addition, a vegetation removal permit may be issued under the following
conditions:
A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public
services, utilities, or to an existing structure.
B Diseased or otherwise unhealthy vegetation, as determined by standard
horticultural practices, and, if required, a site inspection by the County
Manager or designee.
C. A final local development order has been issued which roquires allows
removal of the protected vegetation.
D. Compliance with other codes and/or ordinances may involve protected
vegetation removal.
E. Replacement of non-native vegetation shall be with native vegetation and
shall be subject to the approval of the County Manager or designee.
Replacement vegetation shall comply with the standards of section 4.06.05
and shall include the following minimum sizes: one gallon ground cover; seven
(7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread
and dbh (diameter at breast height) of three inches. Replacement native
vegetation shall be planted within fourteen (14) calendar days of removal.
F. On a parcel of land zoned RSF, VR, E, or other nonagricultural,
noncommercial zoning district in which single-family lots have been
subdivided for single-family use only, a vegetation removal permit may be
issued for any permitted accessory use to that zoning.
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G. The proposed mangrove alteration has a DEP permit, or meets the permitting
standards in the Florida Administrative Code. However, mangrove removal or
trimming shall be prohibited in all preserves or areas used to fulfill the native
vegetation preservation requirements.
H. Removal of vegetation for approved mitigation bank sites (as defined by the
Florida Administrative Code); state, federal or county approved or endorsed
environmental preservation, enhancement, or restoration projects; or fire
breaks 3pprovod by tho 8t3t8 of Florid3, Division of Forestry, shall be
permitted. Vegetation removal permits issued under these criteria are valid for
the period of time authorized by such agency permits.
I. Vegetation relocation plan. If vegetation relocation is proposed by the
applicant prior to site development plan, construction plan or other final
approvals, a vegetation relocation permit (vegetation removal permit) may be
issued by the County Manager or his designee provided that it can be
demonstrated that early transplantation will enhance the survival of the
relocated vegetation. The vegetation relocation plan shall document methods
of relocation, timing of relocation, watering provisions, maintenance and other
information as required by the County Manager or his designee.
J. Landscape plant removal or replacement. The removal or replacement of
approved landscaping shall be done in accordance with the regulations that
guide the landscape plans reviews and approvals in section 4.06.00. A
vegetation removal permit will not be issued for the removal or replacement of
landscape plants. That approval must be obtained through an amendment
process to the landscape plan or as otherwise authorized by permit by the
Collier County Landscape Architect.
K. Removal of veqetation for firebreaks approved by the State of Florida. Division
of Forestrv. shall be permitted. The width of the approved clearinq shall be
limited to the minimum width determined necessary by the Division of
Forestrv.
L. A State or Federal permit issuance depends on data that cannot be obtained
without preliminarv removal of some protected veqetation. The clearinq shall
be minimized and shall not allow any qreater impacts to the native veqetation
on site than is absolutely necessary. Clearinq shall be limited to areas that are
outside anyon-site preserves. as identified on the PUD master plan.
Plat/Construction Plans or Site Development Plan.
M. In conjunction with a Collier County approved Preserve Manaqement Plan.
native veqetation clearinq may be approved only when it is to improve the
native habitat or to improve listed species habitat.
N. Conservation Collier proiects which may need minimal clearinq for parkinq.
pathways for walkinq. or structures that may not require site plan approvals.
o. Early clearina will be allowed as Dart of a final review of an SDP or PPL. after
the Environmental Services Review Staff aDDroves the necessarv comDonents
of the Droiect to ensure the aDDroDriate environmental Drotection and
preservation on site. This can only be allowed after the followina are
com Dieted and aDDroved: 1) final configuration and Drotection of the Dreserve
is comDlete. 2) the conservation easements are comDleted and aDDroved by
both the environmental review staff and the county attorneY's office. 3) the
environmental review staff has aDDroved the clearina of the site throuah the
site clearina/Dreservation Dlan. 4) cODies of all aDDlicable Federal. State. and:
Local Dermits must be submitted and reviewed aaainst the site
clearina/Dreservation Dlan. This early clearing does not authorize aDDroval for
excavation. sDreadina fill. and aradina. That must be aDDroved through a
Dreliminarv work authorization Drocess in accordance with section
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10.02.04.4.f. If for any reason the underlyinq SOP or PPL is not approved, the
property owner will be responsible for revegetation of the site in accordance
with Section 4.0~3,04,A, 1 ,a, vii.,
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SUBSECTION 3.M. AMENDMENTS TO SECTION 3.05.07 Preservation
Standards
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as follows:
Section 3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate,
at a minimum, the preservation standards contained within this section.
A. General standards and criteria.
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3. Preserve areas shall be selected in such manner as to preserve the
following, in doscending order of priority, except to the extent that preservation
is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.C.:
a. Onsito WOtl311ds h3ving 3n assessed function31ity of 0.65 or greateF,
Areas known to be utilized by listed species or that serve as corridors for
the movement of wildlife;
b. Onsite wetlands having an accepted WRAP score of 0.65 or a Uniform
Wetland Mitigation Assessment Score of 0.7.
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SUBSECTION 3.N. AMENDMENTS TO SECTION 3.05.08 Requirement
for Removal of Prohibited Exotic Vegetation
3.05.08 Requirement for Removal of Prohibited Exotic Vegetation
Prohibited exotic vegetation specifically includes the following:
Earleaf acacia (Acacia auriculiformis)
Australian pine (Casuarina spp.)
Melaleuca (Melaleuca spp.)
Catclaw mimose (Minosa pigra)
Downy rose myrtle (Rhodomyrtus tomentosa)
Brazilian pepper (Schinus terebinthifolius)
Java plum (Syzygium cumini)
Women's tongue (Albizia lebbeck)
Climbing fern (Lygodium spp.)
Air potato (Dioscorea bulbifera)
Lather leaf (Colubrina asiatica)
Carrotwood (Cupaniopsis anacardioides)
A. General.
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1. Prohibited exotic vegetation removal and methods of removal
shall be conducted in accordance with the specific provisions of
each local development order.
2. Native vegetation shall be protected during the process of
removing prohibited exotic vegetation, in accord with the
provisions of section 3.05.04.
3. Prohibited exotic vegetation shall be removed from the
following locations, and within the following timeframes:
a. From all rights-ot-way, common area tracts not proposed
for development, and easements prior to preliminary
acceptance of each phase of the required subdivision
improvements.
b. From each phase of a site development plan prior to the
issuance of the certificate of occupancy for that phase.
c. From all golf course fairways, roughs, and adjacent open
space/natural preserve areas prior to the issuance of a
certificate of occupancy for the first permitted structure
associated with the golf course facility.
d. From property proposing any enlargement of existing
interior floor space, paved parking area, or substantial site
improvement prior to the issuance of a certificate of
occupancy.
4. In the case of the discontinuance of use or occupation of land or
water or structure for a period of 90 consecutive days or more,
property owners shall, prior to subsequent use of such land or
water or structure, conform to the regulations specified by this
section.
5. Verification of prohibited exotic vegetation removal shall be
performed by the development services director's field
representative.
6. Herbicides utilized in· the removal of prohibited exotic
vegetation shall have been approved by the U.S. Environmental
Protection Agency. When prohibited exotic, vegetation is
removed, but the base of the vegetation remains, the base shall
be treated with an U.S. Environmental Protection Agency
approved herbicide and a visual tracer dye shall be applied.
B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted
to the development services director for review on sites which require
prohibited exotic vegetation removal prior to the issuance of the local
development order. This maintenance plan shall describe specific techniques
to prevent reinvasion by prohibited exotic vegetation of the site in
perpetuity. This maintenance plan shall be implemented on a yearly basis at a
minimum. Issuance of the local development order shall be contingent upon
approval of the maintenance plan. Noncompliance with this plan shall
constitute violation of this section. The development services director's field
representative shall inspect sites periodically after issuance of the certificate of
occupancy, or other final acceptance, for compliance with this section.
c. Applicability to new structures and to additions on single-family and two-
family lots. In addition to the other requirements of this section, the applicant
shall be required to remove all prohibited exotic vegetation before a
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certificate of occupancy is granted on any new principal or accessory
structure and any additions to the square footage of the principal or
accessory structures on single-family or two-family lots. This shall not
ªQQ!v to tents, aWl1inqs. cabanas. utilitV storaqe sheds, or screened
enclosures not havinq a roof impervious to weather. This shall not apply to
interior remodelinq of any existinq structure.
The removal of prohibited exotic vegetation shall be required in perpetuity.
Upon issuance of a vegetation removal permit, prohibited exotic vegetation
may be removed from lots which are zoned residential single-family (RSF),
estates (E), village residential (VR), and mobile home (MH), prior to issuance
of a building permit.
SUBSECTION 3.0. AMENDMENTS TO SECTION 3.06.06 Regulated
Wellfields
Section 3.06.06 Regulated Wellfields, of Ordinance 04-41, as amended,
the Collier County Land Development Code is hereby amended to read as
follows:
3.06.06 Regulated Wellfields
The following wellfield risk management special treatment overlay zones, as defined
in section 3.06.03, ;:md criteria specified herein shall be applied to the following
wellfields:
A. City of Naples East Golden Gate Well Field Wollfield.
B. City of Naples Coastal Ridge Well Field (Goodlotte Ro~d) \NeIUieW.
C. Collier County Utilities Golden Gate Well Field Wellfield.
D. Everglades City Well Field \Nellfiold.
E. Florida Governmental Utility Authority Golden Gate City Well Field Water
Tro~tmont PI~nt VVellfiold.
F. +Ae Orange Tree Well Field Wollfield.
G.lmmokalee \l'Jator ~nd Sower District Well Field. wollfields drillod into the Lowor
T~miami aquifers ~nd S~ndstone aquifers.
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CITY OF NAPLES
EAST GOLDEN GATE
WELL FIELD
OIL VÆ"LL ROAD (C.R. 958)
Cil YÆLL ROAD (C R_ 838)
,.
27
,.
\
Page 27 of 160
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10
..
22
33 i
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Page 28 of 160
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:ìj
COlliER COUNTY UTiliTIES
GOLDEN GATE WELL FIELD
- -- ' .- ,-_.- ¡---T·-T-T-' - .
I I I ì I I !
,. I
" "I I ~l Vi. !". ,-
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.... "'. i, J.î
~l WLLL'!lOAD (c.R.:- btI)
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"~:_"".:_75..1
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Page 29 of 160
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EVERGLADES CITY
WELL FIELD
- I
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l_______ JANE'S I ~(;I"N..!f< / ' ~ '.- ----.."--
I c'\,'/ \ ~ \
1\ c \ l- ! I" ),
I I·· - -'-, _ _ :R. 837 _
I ~~¿'~___u I
Page 30 of 160
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FLORIDA GOVERNMENTAL
UTILITY AUTHORITY
GOLDEN GATE CITY
WELL FIELD
24
25
J6
Page 31 of 160
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ORANGE TREE
WELL FIELD
, :~
11
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18
~__~_'Ç CJ 011. WELL. RIWJ (0 R MIl)
l::~~L_L'~
24
19
--
RAN>AU. BOULEVARD
Page 32 of 160
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IMMOKALEE WELL FIELD
17
(!
It
..
(--
- -- ,~- - "
-~_. -_._--
_.~----- --~ ----------'
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20
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SUBSECTION 3.P. AMENDMENTS TO SECTION 4.02.01 Dimensional
Standards for Principle Uses in Base Zoning
Districts
Section 4,02.01 Dimensional Standards for Principle Uses in Base Zoning
Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended to read as follows:
4.02.01 Dimensional Standards for Principle Principal Uses in Base Zoning
Districts
A. The following tables describe the dimensional standards pertaining to
base zoning districts, Site design requirements apply to the principal building on
each site.
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Table 2.1 - TABLE OF MINIMUM YARD REQUIRMENTS
(SETBACKS) FOR BASE ZONING DISTRICTS
Note as to Setback line measurement: minimum setback lines are typically
measured from the leQal boundary of a lot, reQardless of all easements burdeninQ a
lot. with the exception of easements that comprise a road riç¡ht-of-wav where the
minimum setback line is to be measured form the road riç¡ht-of-wav easement line,
Minimum Public School
Front Yard
feet Re uirements
GC None None None
50 30 50 x
E 75 30 75 x
RSF-1 50 30 50
RSF-2 0 20 30
RSF-3 30
RSF-4
10
RSF-6
RMF-6 S.F.25 NA
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Duolex 25 ~ 1Q fQ
3 + units 30 lliL 1-º- ~
RMF-12 30 ª- ~ !L
RMF-16 b ª- º- !L
ß.L º-- ª- º-- L
Waterfront Non-
:..:.::::.:..:-
S.F. IMH 20 1Q waterfront ~
~ Duolex 35 1§ Q JQ ~
M.F.35 1§ Jº-
1L 1L
Waterfront Non-
MH1 '-'-='-'-
~ 1-º- ilVaterfront ~ !L
~
Iá-
Waterfront Non- Non-
TTRVC2 '-'-='-'- Waterfront
ilVaterfront ~
1º- 1-º- ~ ~ waterfront
ª-
Residential Non- Residential Non-
:..:.::::.:..:- ~
C-1 ~ ~ residential ~ residential K
~
1-º- 1L
C-2 ~ ~ 1-º- ~ 1-º- L
=-=--
C-33 ~ ~ ª- ~ ª- 2L
C-44 º- ~ ª- ~ ª- 2L
C-54 ~ ~ 1-º- ~ 1L K-
14 ~ ~ ~ ~ 1-º- ~
~
~ ~ §!L ill..- ~ ~
CON5 ~ ~ §!L -
~ r: 2L
:... :..
Residential Non- Residential Non-
~ ~ ~
QE- ~ residential ~ esidential 2L
12- &-
See table of Anecial desian reauirements for the aoolicable overlav district
Overlav located in the aooronriate section for that district in Chanter 4.
Districts
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1MH District - additional vard requirements: side vard setback from a public road that is
external to the boundarv of the park = 50 ft.; the minimum setback on anv side from the exterior
boundarv of the park = 15ft,
¿TTRVC District - additional yard requirements: setback from exterior boundary of park = 50
ft.; setback from an external stree! = 50 ft., setback from an internal street = 25 ft.; setback from any
buildinq or other structure = 10 ft.
"C-3 District - minimum setback on any side that is waterfront = 25 ft; setback for marinas =
none,
4C_4. C-5 and I Districts - minimum setback on anv side that is waterfront = 25 ft,; setback for
marinas = none; setback on anv side adjacent to a railroad riqht-of-wav = none
5Anv non-conforminq plattp.d lot of record in the CON District that existed before November
13,1991 will be subject to the followinq standards:
Front vard: 40 feet.
Side vard: ten percent of the lot width, but no more than 20 feet on each side,
Rear Yard: 30 feet.
a = 50% of the buildinq heiqht. but not less than 15 feet.
b = 50% of the buildinq heiqht, but not less than 30 feet.
c = 50% of the buildinq heiqht. but not less than 25 feet.
d = 50% of the buildinq heiqht. but not less than 25 feet. Structures 50 feet or more in heiqht =
25 feet plus one additional foot of setback for each foot of buildinq heiqht over 50 feet.
e = the total of all side yard setbacks shall equal 20% of the lot width. with a maximum of 50
feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when
approved throuqh a unified plan of development involvinq one or more lots under cornman
ownership where the vard requirements are met for the unified site but not necessarilv for
each parcel within the unified site,
f = the vard requirements shall be equal to the most restrictive adioininq district.
x = for principal structures: 50 feet from all propertv lines: for accessorv structures: 25 feet
from all propertv lines,
B. Usable open space shall include active and passive recreation areas such as
playgrounds, golf courses, beach frontage, waterways, lagoons, flood
plains, nature trails, and other similar open spaces. open space areas shall
also include those areas set aside for preservation of native vegetation and
landscaped areas. Open water area beyond the perimeter of the site, street
rights-of-way, driveways, off-street parking areas, and off-street loading
areas shall not be counted in determining usable open space.
SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.02.23 Design
Standards for Development in Activity Center #9
Zoning District
Section 4.02.23 Design Standards for Development in Activity Center #9
Zoning District, of Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended to read as follows:
4.02.23 Design Standards for Development in Activity Center #9 Zoning
District
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D. LandscaDe buffers adiacent to road riahts-of-wav. In addition to the
reauirements for a Tvpe D buffer. the following reauirements shall applv:
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1. Landscape buffers adiacent to Collier Boulevard. S.R. 84. (Davis
Boulevard and Beck Boulevard) and within 400 linear feet of 1-75 riQht-
of-way line:
a. Shalll11easure a minimum of 25 feet in width.
b. The required number of trees shall be supplemented by an
additional palm tree plantinq in the amount of 25 percent.
c. Undulatinq beds of ornamental qrasses and/or qround cover
beds shall be incorporated for at least 30 percent of the required
buffer strip area.
d. All required trees shall be a minimum of 12 feet in heiqht.
e. Where industrial land uses abut 1-75. an eiqht-foot hiqh unified.
opaque. masonry wall is required. Landscape buffers shall be
placed alonq the street side of said wall. The wall shall be
located at the edqe of the landscape buffer farthest from the
property line.
2. Landscape buffers adiacent to all other public streets:
a. Shall measure a minimum of 15 feet in width.
b. Undulatinq beds of ornamental qrasses and qround cover beds
shall be incorporated for a least 25 percent of the required buffer
strip area.
c. All required trees shall be a minimum of 12 feet in heiqht.
3. Landscape buffers. siqnaqe and liqhtinq fixtures in residential areas
shall feature a unified desiqn at point of inqress/eqress.
g... E. Lighting fixtures and signage within the Activity Center #9 shall be designed to
complement the architectural themes of this overlay district. Lighting shall also be
subject to the requirements pursuant to section 5.05.08 regardless of the gross
building area.
SUBSECTION 3.R. AMENDMENTS TO SECTION 4.03.02 Applicability
Section 4.03.02 Applicability (Plats), of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as follows:
4.03.02
Applicability
It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any
land by reference to, exhibition of, or other use of, a plat of a subdivision of such
land without having submitted a final subdivision plat of such land for approval to
the BeC as required by this section and without having recorded the approved final
subdivision plat as required by this section. Anv division of land meetina the
definition of subdivision which is not otherwise exemDt bv this section shall reauire
the filina of a subdivision Dlat in accordance with the reauirements of Section
10.02.04 of this code.
SUBSECTION 3.S. AMENDMENTS TO SECTION 4.05.04 Parking Space
Requirements
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Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
4.05.04 Parking Space Requirements
A. Requirements for off-street parking for uses not specifically mentioned in this
GM~eH section shall be the same as for the use most similar to the one
sought, or as otherwise determined by the County Manager or designee
pursuant to 4.05,04 of this LDC it being the intent of this LDC to require all
uses to provide off-street parking, unless specific provision is made to the
contrary.
B. Measurement. Where this LDC requires off-street parking based on various
types of measurements, the following rules shall apply:
1. Floor area means, for the purposes of this section only, the gross floor
area inside the exterior walls, unless otherwise specifically indicated.
2. In hospitals, bassinets do not count as beds.
3. In stadiums, sports arenas, houses of worship, and other places of
public assembly where occupants utilize benches, pews, or other
similar seating arrangements, each twenty-four (24) lineal inches of
such seating facilities count as one (1) seat.
4. Where the parking requirements are based on number of employees or
persons employed or working in an establishment and the number of
employees increases after the building or structure is occupied, then
the amount of off-street parking provided must be increased in ratio to
the increase of the number of employees.
5. When units of measurements determining number of required off-street
parking spaces result in a requirement of a fractional space, then such
fraction equal or greater than one-half (.:t-1/2) shall require a full off-
street parking space.
SUBSECTION 3. T. AMENDMENTS TO SECTION 4.06.01 Trees and
Vegetation Protection
Section 4.06.04 Parking Space Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
4.06.00
LANDSCAPING, BUFFERING, AND VEGETATION RETENTION
4.06.01
Generally.
A. Purpose and Intent
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2. Buffering and Screening. The purpose and intent of establishing
landscape buffering and screening is to:
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J. Promote water conservation by encouraging the use of native
and drought-tolerant vegetation and properly zoned irrigation
systems through xeriscape.
k. In order to minimize negative effects between adjacent land
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uses, this division section promotes the use of landscape
buffers and screens to eliminate or minimize potential nuisances
such as dirt, litter, noise, lights, unsightly buildings and
structures, and off-street parking and loading areas.
Additionally, buffers and screens provide spacing and
landscaping to reduce potentially adverse impacts of noise,
odor, or lighting. buffering refers to a strip of land separating
adjacent land uses, whereas screening refers to fences, walls,
berms, trees, shrubs, or a combination of these screening
devices on the buffer strip.
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E. Landscaping Plans Required
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3. The landscape architect must inspect and certify that all open space
area, landscapinq and the irriqation system are in substantial
compliance with the landscape and irrigation plans approved as part of
the development order. Insubstantial chanqes to an approved
landscape plan shall be approved throuqh the Insubstantial Chanqe
process.
SUBSECTION 3.U. AMENDMENTS TO SECTION 4.06.03 Landscaping
Requirements for Vehicular Use Areas and
RIGHTS-OF-WAY
Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and
RIGHTS-OF-WAY, of Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended to read as follows:
4.06.03
Landscaping Requirements for Vehicular Use Areas and RIGHTS-
OF-WAY
A. Applicability. The provisions of this section shall apply to all new off-street
parking or other vehicular use areas. Existing landscaping which does not
comply with the provisions of this Code shall be brought into conformity to the
maximum extent possible when: the vehicular use area is altered of expanded
except for re:striping of lots/drives, the building square footage is changed,
or the structure has been vacant for a period of 90 days or more and a request
for an occupational license to resume business is made. These provisions
shall apply to all developments with the exception of single-family, two-family,
mobile home dwelling unit, raw water wells, and dwellings on individually
platted lots. Any appeal from an administrative determination relating to these
regulations shall be to the board of zoning appeals or equivalent. Prior to
issuing occupancy permits for new construction, implementation and
completion of landscaping requirements in off-street vehicular facilities shall
be requires. Where a conflict exists between the strict application on this
division Chapter/section and the requirements for the number of off-street
parking spaces or area of off-street loading facilities, the requirements of this
section shall apply.
B. Standards for landscaping in vehicular use areas.
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3. Green space required in shopping centers and freestanding retail
establishments with a floor area greater than 40,000 square feet. An
area that is at least seven percent of the size of the vehicular use
areas must be developed as green space within the front yard(s) or·
courtyards of shopping centers and retail establishments and must be
in addition to the building perimeter planting area requirements. The
courtyards must only be located in areas that are likely to be used by
pedestrians visiting the shopping center and retail establishment. The
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seven percent green space area must be in addition to other
landscaping requirements of this atvisfeA section, may be used to meet
the open space requirements (section 4.02.01), and must be labeled
"Green Space" on all subdivision and site plans. (Refer to section
5,05,08, Architectural and Site Design Standards and Guidelines for
Commercial buildings and Projects.) Tile interior landscape
requirements of these project$ must be reduced to an amount equal to
five percent of the vehicular use area on site. Green space must be
considered areas designed for environmental, scenic or noncommercial
recreation purposes and must be pedestrian-friendly and aesthetically
appealing. Green space may only include the following: lawns, mulch,
decorative plantings, non-prohibited exotic trees, walkways within the
interior of the green space area not used for shopping, fountains,
manmade watercourses (but not water retention areas), wooded areas,
park benches, site lighting, sculptures, gazebos, and any other similar
items that the planning service director deems appropriate. Green
space must include: walkways within the interior of the green space
area not used for shopping, a minimum of one foot of park bench per
1,000 square feet of building area. The green space area must use
existing trees where possible and landscaping credits will be allowed as
governed by table 4.06.04 D. The green space areas must be located in
areas that are in close proximity to the retail shopping area. Benches
may also be located in interior landscaped areas and 75 percent of the
benches may be located adjacent to the building envelope along
paths, walkways and within arcades or malls.
SUBSECTION 3.V. AMENDMENTS TO SECTION 4.06.04 Trees and
Vegetation Protection
Section 4.06.04 Trees and VEGETATION Protection, of Ordinance 04-41,
as amended, the Collier County Land Development Code is hereby amended
to read as follows:
4.06.04 Trees and Vegetation Protection
A. Vegetation Removal and Site Filling:
1. Clearing of woody vegetation requires a Vegetation Removal
Permit or Vegetation Removal and Site Filling Permit unless
exempted by section 3.05.02. The Vegetation Removal Permit
process is governed by section 3.05.04. 3.05.05.
a. Permitted removal of vegetation or site filling with an
approved Vegetation Removal and Site Filling Permit
(VRSFP), Site Development Plans (SOP) or Plat and
Construction Plans (PPL)
I. For individual single family lots or blocks of lots 1) a
completed building permit application must be submitted
and deemed sufficient by Collier County, 2) all necessary
current state and Federal environmental permits must be
obtained. If these two items are fulfilled, a VRSFP must be
obtained prior to removal of this vegetation.
ii To allow for safety during tree removal, if a developer
owns contiguous single-family lots, the trees on the
single family lots directly adjacent to a lot where a
house is under construction may be removed, if
removal at a future date may be a danger to life or
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property. A VRSFP must be obtained prior to removal
of this vegetation.
iii. A developer will be permitted to clear up to 2ã 100 acres
of residential, commercial, or industrial lots or building
sites to store excess fill generated by lake excavations
within the PUO or project where the excavation is taking
place when the following information has been submitted
and approved with the SOP or PPL. Fill dirt may be
imported on to the site if there is no excess lake material
qenerated on site. Imported fill dirt may be used towards
the lot preparation of not more than 50 acres, per section
4.06.04.A.1.a.iii.c.
a) Plat and Construction Plans: Clearing for the
construction of the infrastructure, such as road rights-
of-way, and drainage and utility easement areas shall
be approved on site clearing plans within that phase of
approved residential, commercial or industrial Plat and
construction Plans, Clearing of individual lots or
blocks of lots may be approved.
i) The limits of each separate stockpile must be
clearly delineated and the area, height, cross-
section, and volume of each individual stockpile
must appear on the drawing referenced to the
stockpile. Slopes must not be steeper than a ratio
of 4:1.
ii) The type of vegetation to be removed must be
shown on the drawing.
iii) The source of the material, such as lake number
(lake #) for each stockpile must be indicated on the
drawing and the amount of material excavated
must justify the need to clear the proposed area.
b) Site Development Plans (SOPs) and Site
Improvement Plans (SIPs):
i) Commercial and industrial: Clearing fo'r . all
infrastructure improvements and for building pads
shall be approved on the SOP or SIP site clearing
plans.
ii) Residential SOPs: Clearing for the construction of
the infrastructure, such as road rights-of-way, and
drainage and utility easement areas shall be
approved on SOP clearing plans Clearing of
individual lots or blocks of lots may be approved.
iln Preliminarv Clearina and Excavation Permits'
(PCEP): Once the environmental review is
comclete and accroved. the aDDUcant may submit
for a PCEP to allow for earlv clearina. excavation.
and earthwork as cer the work limits that are.
shown on the aDDUcent's site clan. All
reauirements of Section 3.05.05.C.1. must be met.
iü}.b1 The limits of each separate stockpile must be
clearly delineated and the area, height, cross-
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section, and volume of each individual stockpile
must appear on the drawing referenced to the
stockpile. Slopes must not be steeper than a ratio
of 4:1,
iv} Y1 The type of vegetation to be removed must be
shown on the drawing.
v) Yll The source of the material, such as lake number
(lake #) for each stockpile must be indicated on the
drawing and the amount of material excavated
must justify the need to clear the proposed area.
c) A portion of the ~ 100 acres may be used to bring
building lots to desired construction elevations. The
area used to prepare lots shall not exceed -1-Q 50
acres and those lots shall immediately be stabilized
and seeded, to prevent erosion and exotic seed
infestation. A separate VRSFP may also be obtained
after SOP or PPL approval prior.
iv. No VRSFP will be issued without first submitting copies of
all required approved agency permits, regardless of
whether the permit is for clearing and filling or simply
filling a site.
v. When a VRSFP authorizing up to ~ 100 acres of clearing
and filling is nearing capacity, permission to clear and fill
up to an additional ~ 100 -acres to use excess lake
material may be applied for with a new VRSFP
application.
vi. A VRSFP will be issued to authorize greater than ~ 100
acres of residential, commercial, or industrial lots to store
excess fill generated by lake excavations within the PUO
or project where the excavation is taking place, when the
property used for storing excess fill has been previously
cleared or has greater than 75% canopy of exotics.
vii. Revegetation: For VRSFPs within subdivisions, a
revegetation bond in the form of a performance bond,
letter of credit, or cash bond and in the amount 'of
$5,000.00 per acre must be posted.
a) When fill is used to bring building lots to desired
construction elevations those lots shall immediately be
seeded, to prevent erosion and exotic seed infestation.
b) All fill areas for lots or stockpiles must have erosion
control silt fencing.
c) Any stockpile in place for more than six months must
be sodded or hydroseeded. Failure to do so within 14
calendar days of notification by the county will result in
a fine of $10.00 per acre, per day.
d) In the event that any portion of the stockpile is in place
for greater than 18 months, the county will order the fill
to be removed and the land to be revegetated. The
density and type of revegetation must mimic nearby
ecosystems, and must not be less than 64 trees per
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acre with associated mid-story and groundcover.
2. BCC Approved Vegetation Removal and Site Filling Permit Procedures.
An applicant can seek approval by the Board of County Commissioners
for a Board approved Vegetation Removal and Site Filling Permit
(VRSFP) for a site that exceeds current thresholds contained in the Land
Development Code. To be granted a Board Approved VRSFP, the
applicant must demonstrate to the Board, through a Schedule of
Development Activities, that the project will be completed in a reasonable
amount of time so as to minimize noise, dust, blasting, traffic, and
inconvenience to the neighboring and general public. All criteria in
4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply to
the BCC approved permit.
B. Protection of native '¡egetation on coastal barriors. Nath¡e vegetation
rotention or revogotation shall be in compliance with the requirements of section
3.05.07 and shall incorporate at a minimum tho proservation and rovegotation
standards as follows:
1. Native vegetation shall be preserved to tho maximum oxtent pm:sible.
To the extent that native vegetation cannot bo rotained on sito and the
remaining nati'Je vegetation can be supplemented without degrading
or damaging its natural function, then the existing native \'egetation
shall be supplementod with compatible vogotation on site.
2. All beachfront land dC\$elopment projects shall be required to
revegetate tho dune '#hero the dune is dovoid of coastal dune
vegetation.
3. All land de\~elopment projects shall provido 100 poroont nativo
Southern Floridian species 'Nithin their required landscaping and
buff.cring standards as ostablished within this soction 4.06.00.
4. Appropriato coastal dune or strand 'Iogotation shall be required as tho
only stabilizing medium in any coastal barrior dune or strand vogetation
restoration program.
th B. Credit for Tree Preservation. Existing trees may be credited towards meeting
the minimum tree planting requirements according to the formula in table 4.06.04 t*.-
B. - 1. Fractional measurements shall be attributed to the next lowest category.
Table 4.06.04 th B. . 1. Calculation Of Tree Preservation Credits
Existing Crown Spread of or Diameter of Tree at 4.5 Feet Above = Number of
Preserved Trees Natural Grade Tree Credits
50 feet or areater or 26 inches or areater = 3
40 to 49 feet or 20 to 25 inches = 2
30 to 39 feet or 13 to 19 inches = 2
20 to 29 feet or 8 to 12 inches = 1*
10 to 19 feet or 2 to 7 inches = 1*
Less than 10 feet or 1 1/2 to 2 inches = 1*
*Credited against equivalent required tree only.
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SUBSECTION 3. W. AMENDMENTS TO SECTION 4.06.05 General
Landscaping Requirements
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Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41,
as amended, the Collier County Land Development Code is hereby amended
to read as follows:
4.06.05 General Landscaping Requirements
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B. Landscaping requirements for industrial and commercial development.
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6. Raw water well landscapinq requirements. Screeninq and bufferinq
requirements are to be limited to the area surrounding the raw water
well installation, including appurtenances such as security fencinq, wal!
or well house. Canopy trees, as described in Section 4.06.05 8.1., will
not be required. Where equipment such as qenerators and antennas
are visible above the surrounding fences or walls, trios of sabal palms
with a minimum clear trunk heiqht of 8-12 feet must be planted 30" on
center. Surrounding fences or walls must have, at a minimum, ten (10)
qallon shrubs, four (4) feet tall at time of plantinq, placed four (4) feet on
center alonq the exterior perimeter of the surroundinq fence or wall.
Stand alone well houses without perimeter fences or walls must have,
at a mil IÌmum, two (2) rows of three (3) gallon shrubs. two (2) feet tall at
time of plantinq, placed three (3) feet on center and offset between
rows. In all cases, mature veqetation must provide an eighty (80)
percent siqht-obscurinq screen equal to seventy-five (75) percent of the
heiqht of the fencinq or wall, as applicable.
a. Native plant material must be used, to the maximum extent practicable, to
meet the screeninq and bufferinq requirements of this sub-section and the
chosen plant materials must be consistent with existinq native veqetation
found on or near the raw water well site, with the followinq exceptions:
i. for any disturbed area required to construct a raw water well that is
equal to or qreater than fifteen (15) feet from the edqe of a well
house or other structure. the disturbed area may be planted with a
drouqht resistant sod. such as Bahia; or
ii. for any disturbed area required to construct a raw water well that is
less than fifteen (15) feet from the edqe of a well house or other
structure. the disturbed area may be covered with a sufficient depth
of qround cover such as orqanic mulch. shell or similar pervious
material.
b. Irriqation must be provided to ensure the establishment of installed plant
materials and maintenance of said plant materials in perpetuity. The
irriqation water may be provided by either a mechanical system. usinq raw
or potable water, or by truck delivery and/or hand application.
c. The owner. or his aaent. shall be responsible for the maintenance. repair
and replacement of all plant materials reauired by the proyisions of this
section. If reauired plant material dies. it is the responsibility of the owner
to replace it with plant material of the appropriate class within thirty (30)
days.
c. Plant Material Standards.
1. Quality. Plant materials used to meet the requirements of this section
shall meet the standards for Florida No. 1 or better, as set out in
Grades and Standards for Nursery Plants, part I and part II, Department
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of Agricultural, State of Florida (as amended). Root ball sizes on all
transplanted plant materials shall also meet state standards.
!.:. At least 75 percent of the trees and 50 percent of the
shrubs used to fulfill these requirements shall be native
Southern Floridian species, as determined by accepted
valid scientific reference. For sites that are north and east
of U.S. Highway 41, at least 35 percent of the shrubs
used to fulfill these requirements shall be native Floridian
species, as determined by accepted valid scientific
reference. "Native Trees and Shrubs for Collier County
List" is available for reference. For proposed land
development projects on coastal shorelines and/or
undeveloped and developed coastal barrier islands, all
required landscaping shall be 100 percent native
Southern Floridian species.
b. In addition, for all sites, at least 75 percent of the trees
and shrubs used to fulfill these requirements shall be
drought-tolerant species as listed in the Xeriscape Plant
Guide and Native Trees and Trees for South Florida
(IFAS). Reference to be used in the native determination
may include, but not be limited to:
Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida.
Small, J.K., 1933. A Manual of the Southeastern Flora.
Wunderlin, R.P., 1982. Guide to the Vascular Plants of Central Florida.
£.:. \^!here xeric plants are to be utilized, use the South
Florida Water Management District, Xeriscape Plant
Guide (as amended) as a reference.
2. Trees and palms. All required new individual trees, shall be species having
an average mature spread or crown of greater than 20 feet in the Collier
County area and having trunk(s) which can be maintained in a clean
condition over five feet of clear wood. Trees adjacent to walkways, bike
paths and rights-of-way shall be maintained in a clean condition over
eight feet of clear wood. Trees having an average mature spread or crown
less than 20 feet may be substituted by grouping the same so as to create
the equivalent of 20-foot crown spread. For code-required trees, the.tre.es
at the time of installation shall be a minimum of 25 gallon, ten feet in
height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a
four-foot spread.
!.:. A grouping of three palm trees will be the equivalent of
one canopy tree. Exceptions will be made for Roystonea
spp. and Phoenix spp. (not including roebelenii) which
shall count one palm for one canopy tree. Palms may be
substituted for up to 30 percent of required canopy trees
with the following exceptions. No more than 30% of
canopy trees may be substituted by palms (or palm
equivalent) within the interior of a vehicular use area and
within each individual Type D road rlght-ot-way
landscape buffer. Palms must have a minimum of ten
feet of clear trunk at planting.
~ All new trees, including palms, shall be of a species
having an average mature height of 15 feet or greater.
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8. Site-specific plant material. Trees and other vegetation shall be planted in
soil and climatic conditions which are appropriate for their growth habits.
The County Manager or his designee shall review and approve land plans
based on the following criteria. Required plants used in the landscape
design shall be:
a. Appropriate to the conditions in which they are to be
planted (including drought. salt and cold tolerance).
b. Have noninvasive growth habits.
c. Encourage low maintenance.
d. Be otherwise consistent with the intent of this division
section.
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12. For a description of plants utilized for mitigation. please see Section 10.02.06
E.3.c.
12. Pk1nts usod for Mitfg3tion 3ccordfng to tho procoduros sot out in Chaptors 4
and 10.
a. All plants used for mitigation shall be native Florida species.
b. .'\11 plants used for mitigation shall be from a legal source and be
graded Florida No. 1 or better, as graded by the Florida
Department of Agriculture and Consumer Services' Grades and
Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and
2). /\11 plants not listed in Grades and Standards for Nursery
Plants shall conform to a Florida No. 1 as to: (1) health and
vitality, (2) condition of foliage, (3) root system, (4) freedom from
pest or mechanical damage, (5) heavily branched and densely
foliated according to the accepted normal shapes of the species
or sport. Trees shall be a minimum of 14 feet tall at the time of
planting and shall have a minimum dbh (diameter at breast
height) of three inches.
c. The plants proposed for planting must be temperaturo tolerant to
the areas they are to be planted in. The South Florida \^Iater
Management District's Xeriscape Plant Guide \I shall be used. in
determining the tomperature tolerances of the plants.
d. Tho existing soil types shall bo identified. Plants proposod for
planting shall be compatiblo '/lith tho soil type. The 1954 or the
1992 soil survoy of Collier County shall be usod to dotormine if
the plants proposed for planting are compatible '....ith tho oxisting
or proposed soil types.
o. Tl:lo source and method of providing ':Jater to tho plants shall be
indicated on the plan and subjoct to mvie\a.' and approval.
f. A program to Go'ntrol prot:dÞlteEf exetle ·¡egetatloA in tho
mitigation ama shall bo roquirod.
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K. Irrigation system requirements.
1 . Cultivated landscapes. Cultivated landscape areas shall be provided
with an automatic irrigation system to improve the survivability of the
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required landscaping. Sprinkler heads irrigating lawns or other high
water demand areas shall be zoned separately from those irrigating
trees, shrubbery, ground cover, flowers, or other reduced water
requirement areas. Autornatically controlled irrigation systems shall be
operated by an irrigation controller that is capable of watering "high
water" requirement areas at different frequencies and duration than
"low water requirement areas. Landscaping shall be watered on an as-
needed basis only.
Irrigation systems shall be designed for the zoning of high and low
water use areas. Heads shall be designed for 100 percent head-to-
head coverage unless specified by the manufacturer. These
requirements may be adjusted for retention areas. The irrigation system
shall be designed and installed in accordance with the Florida Irrigation
Society, Standards and Specifications for Turf and Landscape Irrigation
Systems (as amended). Irrigation systems utilizing well water shall be
designed and maintained in a manner which eliminates staining of the
building, walks, walls, and other site improvements. All systems shall
be designed to eliminate the application of water to impervious areas.
Irrigation systems, other than drip or soaker hose systems, shall be
operated between the hours of midnight and 10:00 a.m., unless the
operation of multiple zones requires additional time. South Florida
Water Management District (SFWMD) or other utility company water
use restrictions shall supersede these requirements. There are no
operational requirements for irrigation systems utilizing effluent.
All new residential, commercial, and industrial developments shall be
irrigated by the use of an automatic irrigation system with controller set
to apply water in a manner consistent with this divisioA section.
Moisture detection devices shall be installed in all automatic sprinkler
systems to override the sprinkler activation mechanism during periods
of increased rainfall. Where existing irrigation systems are modified
requiring the acquisition of a permit, automatic activation systems and
overriding moisture detection devices shall be installed in compliance
with this section.
L. Post-installation landscape certificate of compliance.
All projects which require the submission of landscape plans by a reqistered
Landscape Architect must be inspected and certified that the landscapinq and
irriqation systems meet or exceed the landscape and irriqation plans approved
by the County as part of the development order review process. Proof of
certification shall be provided on a form approved by the County Manaqer or
his desiqnee and must be submitted to the Enqineerinq Services Department
Director prior to the request for County inspection. This requlation applies to
projects submitted after fthe effective date of this ordinancel.
SUBSECTION 3. X. AMENDMENTS TO SECTION 4.08.00 RURAL
LANDS STEWARDSHIP AREA ZONING OVERLAY
DISTRICT STANDARDS AND PROCEDURES
Section 4.08.00 Rural Lands Stewardship Area Zoning Overlay District
Standards and Procedures. of Ordinance 04-41, as amended. the Collier
County Land Development Code is hereby amended to read as follows:
4.08.0 0
Rural Lands Stewardship Areas Zoning Overlay District Standards
and Procedures
4.08.01 Specific Definitions Applicable to the RLSA District
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As used in the RLSA District Regulations, the terms below shall have the following
meanings, set forth below, to the exclusion of any meaninqs ascribed to such terms
in section 1.08.00:
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L. Incidental Clearinq - Clearinq of no more than 1 % of the area of an SSA.
which is conducted to accommodate the abilitv to convert from one Aq 1 use to
another Aq 1 use and which connects existinq Aq 1 acres, squares UP existinq Ag
1 farm fields, or provides access to or from Aq 1 areas.
b M. Landmark building. A prominent civic or institutional building that
creates a significant community feature, focal point, or terminating vista.
M N. Land Use - Land Cover Indices. One of the indices comprising the
Natural Resource Index Value of land, with values assigned based upon land use
and land cover characteristics as mapped using the Florida Land Use, Cover, and
Forms Classification System (FLUCCS) (FLUCFCS) (FOOT 1999). For purposes of
assigning values, land use and land cover codes are grouped as follows: Group 1
(Codes 617,6172,621,6218,6219,624,630,641,643); Group 2 (Codes 321, 411,
4119,425,434,439,428); Group 3 (211, 212, 213, 214, 221, 222, 241, 242, 243,
250, 260, 261, 310, 329, 330, 422, 510, 521, 523, 533, 534); and Group 4 (all
others).
w O. Land Use Layer (Layer). Permitted and conditional land uses within the
Baseline Standards that are of a similar type or intensity and that are grouped
together in the same column on the Land Use Matrix.
G P. Land Use Matrix (Matrix). The tabulation of the permitted and
conditional land uses within the Baseline Standards set forth in Section 4.08.06 B.4.,
with each Land Use Layer displayed as a single column.
P. Q. Listed Species Habitat Indices. One of the indices compnslng the
Natural Resource Index Value, with values assigned based upon the habitat value of
the land for listed species. Index values are based on documentation of occupied
habitat as established by the intersect of documented and verifiable observations of
listed species with land cover identified as preferred or tolerated habitat for that
species. Land mapped, using FLUCCS FLUCFCS, as 310, 321, 411, 425, 428, 434,
617,6172,621,6218,6219,624, and 630 is deemed to be preferred or tolerated
habitat for panthers for the purpose of assigning a value for these indices. An
intersection of at least one data point establishing the presence of a listed species
within a geographic information system (GIS) polygon of preferred or tolerated habitat
for that species shall result in the entire polygon being scored as occupied habitat.
Q R. Natural Resource Index (Index). A measurement system that
establishes the relative natural resource value of each acre of land by objectively
measuring six different characteristics of land and assigning an index factor based on
each characteristic. The sum of these six factors is the Index value for the land. The
six characteristics measured are: Stewardship Overlay Delineation, Proximity, Listed
Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land
Cover.
R S. Natural Resource Index Map Series (Index Maps). The Rural Lands
Study Area Natural Resource Index Map Series adopted as part of the GMP.
8 T. Natural Resource Index Value (Index Value). The sum of the values
assigned to each acre, derived through the calculation of the values assigned to each
of the six (6) characteristics included in the Index.
+ y. Neighborhood Edge. A defining Context Zone that includes the least
intensity and diversity within the town, village or hamlet. The zone is predominantly
single-family residential and recreational uses. The Neighborhood Edge may be used
to provide a transition to adjoining rural land uses.
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y V. Neighborhood General. A defining Context Zone that creates
community diversity with the inclusion of a mix of single and multi-family housing,
neighborhood scale goods and services, schools, parks and other recreational uses,
and open space.
V- W. Neighborhood Goods and Services Zone. Zone located within the
Neighborhood General Context Zone. Tl1ese zones are intended to provide
convenient neighborhood scale retail and office use within proximity to the residential
uses in order to support community walkability.
w X. Open space. Open space includes active and passive recreational
areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways,
lagoons, flood plains, nature trails, native vegetation preserves, landscape areas,
public and private conservation lands, agricultural areas (not including structures),
and water retention and management areas. buildings shall not be counted as part
of any open space calculation. Vehicular use surface areas of streets, alleys,
driveways, and off-street parking and loading areas shall not be counted as part of
any open space calculation.
x Y. Pathway. A defined corridor for the primary use of non-motorized travel.
¥ Z,. Post Secondary Institution Ancillary Uses. Any use or facility owned by
a public or private post secondary institution that is of a type commonly found on
public or private post secondary institution campuses.
~ AA. Proximity Indices. One of the indices comprising the Natural Resource
Index Value of land, with values assigned based upon the proximity of the land to
areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either
public or private preserve lands. No additional value shall be added under the
Proximity Indices for land that is within an FSA, HSA, WRA, or public or private
preserve.
AA BB. Restoration Potential Indices. One of the indices comprising the
Natural Resource Index Value of land, with values assigned based both upon the
potential for restoration and the historic use or character of the land as a large
mammal corridor, connector wetlands and flow way, wading bird habitat, or other
listed species habitat.
gg CC. Restoration Zone. Privately owned lands delineated on the RLSA
Overlay Map that are located within 500 feet of an FSA, but are not otherwise
included in an HSA or WRA.
GG DD. RLSA District. Rural Lands Stewardship Area Zoning Overlay
District. The area generally depicted on the Future Land Use Map and specifically
depicted on the Official Zoning Atlas Map as the Rural Lands Stewardship Area
Overlay, including lands within the Immokalee Area Study boundary of the Collier
County Rural and Agricultural Area Assessment referred to in the State of Florida
Administration Commission Final Order No. AC-99-002. The RLSA District generally
includes rural lands in northeast Collier County lying north and east of Golden Gate
Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress
National Preserve, south of the Lee County Line, and south and west of the Hendry
County Line.
00 EE. RLSA Overlay Map. The map entitled "Collier County Rural &
Agricultural Area Assessment Stewardship Overlay Map," which identifies those
areas delineated as FSA, HSA, WRA, Restoration Zone, and Open.
ééFF.
RLSA District Regulations. LDC Section 4.08.00.
~ GG. Soils/Surface Water Indices. One of the indices comprising the
Natural Resource Index Value of land, with values assigned based upon soil types
classified using the following Natural Soils Landscape Positions (NSLP) categories:
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Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand
Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric
Soils (NSLP Categories 8, 9, and 11).
GG HH. Special Districts. An area dedicated for certain uses that cannot
be incorporated into one of the Context Zones. Special Districts provide for the
inclusion of unique uses and development standards not otherwise defined in a
context zone.
MH!!. SRA - Stewardship Receiving Area. A designated area within the RLSA
District that has been approved for the development of a Hamlet, Village, Town or
CRD and that requires the consumption of Stewardship Credits.
U JJ. SSA - Stewardship Sending Area. A designated area within the RLSA
District that has been approved for the generation of Stewardship Credits in
exchange for the elimination of one or more Land Use Layers.
.JJ KK. Stewardship Credit (Credit). A transferable unit of measure
generated by an SSA and consumed by an SRA. Eight credits are transferred to an
SRA in exchange for the development of one acre of land as provided in Section
4.08.06 B.
KK LL. Stewardship Credit Database. A database maintained by the
County that keeps track of all of the credit transactions (generation of Credits through
SSA designation and the consumption of credits through SRA designation) approved
by the County.
bb MM. Stewardship Credit System. A system that creates incentives to
protect and preserve natural resources and agricultural areas in exchange for the
generating and use of credits to entitle compact forms of rural development. The
greater the value of the natural resources being preserved and the higher the degree
of preservation, the greater the number of credits that can be generated. Credits are
generated through the designation of SSAs and consumed through the designation
of SRAs.
MM NN. Stewardship Credit Worksheet. An analytical tool that manually
describes the Stewardship Credit calculation process including the Natural Resource
Index and Land Use Layer components. The worksheet can be used to document
proposed changes to the Index component during the SSA and SRA designation
processes.
N-N 00. Stewardship Overlay Designation. One of the indices comprising
the Natural Resource Index Value of land, with values assigned based upon the
designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or,
where Land Use Layers 1 through 3 are removed, Restoration Zone. Land that is
designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the
designation with the higher value but shall not receive value for both designations.
GQ PP. Story. That portion of a building included between a floor which
is calculated as part of the building's habitable floor area and the floor or roof next
above it.
p.p .QQ. Story, half. The designation of a space on the upper level of a
building in which the walls at the eaves are zero to four feet.
QQ RR. Town. Towns are a form of SRA and are the largest and most
diverse form of SRA, with a full range of housing types and mix of uses. Towns have
urban level services and infrastructure which support development that is compact, .
mixed use, human scale, and provides a balance of land uses to reduce automobile
trips and increase livability. Towns are comprised of several Villages and/or
neighborhoods that have individual identity and character.
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AA SS. Town Center. A defining Context Zone that is intended to
provide a wide range of uses, including daily goods and services, culture and
entertainment, and residential uses within a Town. The Town Center is an extension
of the Town Core, however the intensity is less as the Town Center serves as a
transition to surrounding neighborhoods.
ð& T~. Town Core. A defining Context Zone within a Town. The Town
Core is the most dense and diverse Context Zone with a full range of uses. The Town
Core is the most active area within the Town with uses mixed vertically and
horizontally.
++ UU. Village. Villages are a form of SRA and are primarily residential
communities with a diversity of housing types and mix of uses appropriate to the
scale and character of the particular village. Villages are comprised of residential
neighborhoods and shall include a mixed-use village center to serve as the focal
point for the community's support services and facilities.
w VV. Village center. A defining Context Zone within a Village that is
intended to provide d wide range of uses including daily goods and services, culture
and entertainment, and residential uses.
WWW.WRA-WaterRetentionArea.Privately owned lands delineated
on the RLSA Overlay Map, that have been permitted by the SFWMD to function
as agricultural water retention areas and that provide surface water quality and
other natural resource vaiue.
SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.08.05 RURAL
LANDS STEWARDSHIP AREA ZONING OVERLAY
DISTRICT STANDARDS AND PROCEDURES
4.08.05 Baseline Standards Lands 'Nithin the RLSA District Prior to SSA or SRA
Designation
All lands within the RLSA District have been delineated on the RLSA Overlay
Map. Unless and until designated as an SSA or SRA, lands within the RLSA District
shall remain subject to the Baseline Standards.
A. PU({Jose and intent. These Baseline Standards will remain in effect for
all land within the RLSA District unless or until such land becomes
subject to the transfer or receipt of Stewardship Credits, except as to
those aaricultural uses subject to sections 163.3162(4) and 823.14(6),
Florida Statutes. The Baseline Standards are intended to protect water
Quality and Quantity. maintain the natural water reqime. and protect
listed animal and plant species and their habitats on land that has not
been desiqnated as an SSA or SRA. The opportunity to voluntarily
participate in the Stewardship Credit Proqram. as well as the riqht to
sell conservation easements or a fee or lesser interest in the land. shall
constitute compensation for the loss of any develooment riqhts related
to these standards.
B. ADDlicabilitv of code. Except as otherwise specificallv provided in this
section 4.05.00. those provisions of this Code in effect as of Julv 25.
2000. shall apply to all land within the RLSA District unless or until such
lands become subject to the transfer or receipt of Stewardship Credits.
C. Private lands delineated FSAs. HSAs. and WRAs. Lands delineated
FSA. HSA. or WRA on the RLSA overlav map have been identified
throuqh data and analysis as havinq a hiqher Quality natural resource
value than those lands not delineated. Althouqh any land within the
RLSA District can be desiqnated as an SSA. generallv those lands
delineated FSAs. HSAs. and WRAs are the most likelv candidates for
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desiQnation because of the hiQher credit values applied to lands with
those delineations.
D. Private lands delineated as ODen. Lands not otherwise classified as
FSA. HSA, or WRA are delineated as "open" on the RLSA overlay map
and are Qenerally of a lower natural resource quality. Open lands may
be desiqnated as either SSAs or SRAs.
E. Area of critical state concern (ACSC). The RLSA District includes lands
that are within the ACSC. Those ACSC lands are depicted on the RLSA
overlay map and are eliQible for desiQnation as SRAs, subject to
additional standards set forth in subsection 4.08.07 A.2. All ACSC
reQulations continue to apply to ACSC lands within the RLSA District
reQardless of desiQnation.
F. Public or Drivate conservation lands. Those lands within the RLSA
District that are held in public ownership or in private ownership as
conservation lands may be delineated on the RLSA overlay map as
FSA, HSA, or WRA but are not eliQible for desiQnation as either an SSA
or SRA.
A B3seline Stand3rds. The Baseline Stand3rds shall apply until lands
'.vithin the RLSA District aro volunt3rily design3ted as an SS/\ or SRJ\
and shall remain in effect for 311 land not subject to the transfer or
roceipt of Stewardship Credits.
8. G. No increase in density or intensity within the RLSA District is permitted
beyond the Baseline Standards except in areas designated as SRAs.
Within SRAs, density and intensity may be increased through the
provisions of the Stewardship Credit System and, where applicable,
through the affordable housing density Bonus as referenced in the
density Rating System of the FLUE, and the density and intensity
blending provision of the Immokalee Area Master Plan.
C. Lands \l'lithin the RLS/\ District Not Designated SSA or SRJ\ Subject to
Speci31 Environmental St3ndards. In order to protect '.V3ter quality 3nd
qU3ntity and maintenanoe of the natural '1J3ter regime in 3roas m3pped
as FS/\s on the RLSJ\ Overby Map prior to the time that they 3ro
designated as SS1\s under the Stew3rdship Credit Progr3m,
Residenti31 Uses, Genor31 Gonditional uses, Earth Mining 3nd
Processing Uses, 3nd Recre3tional Usos (Layors 1 4) as listod, in
Section '1.08.06 B. shall not bo pormittod in FS/\s within the RLS/\
District. conditional use essential services and govornmental
essential services, oxcept thoso nocossary to sOPle permittod uses or
for public s3fety, shall only bo allowed in FSAs with a Natural Resourco
Stowardship Index valuo of 1.2 or less. In order to protoct wator quality
and quantity and maintenance of the natural ..-:ator regimo and to
protoct listod animal and plant species and their habitats in aroas
mappod as FSA6, HSA6, and \NRAs on tho RLSA Ovorlay Map that are
not ,..,ithin the ACSC, thø use of such land for a non agricultural purpose
under tho 8asoline Standards shall be subjoot to environmontal
rogulations implementing Polioios 6.1 through 6.6 of tho RLSA Overlay,
v..hioh rogulations shall bo adoptod by Decembor 13, 2003.
H. Allowable uses. The Dermitted. accessory. and conditional uses allowed
shall be those set forth in section 2.03.00 in effect as of July 25. 2000. with the
followina exceptions:
1. Residential Uses. General conditional uses. Earth MininQ and
ProcessinQ Uses. and Recreational Uses (lavers 1--4) as listed in the
Matrix at section 4.08.00 shall be eliminated in all FSAs. as provided in
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section 4.08.00.
2. Conditíoflal use essential services and aovernmental essential
serv!ces, except those necessary to serve -ºªrmitted uses or for public
safety, shall only be allowed in FSAs with an Index value of 1.2 or less,
as provided in section 4,08.00.
3. Directional-drillina techniques and/or previously cleared or disturbed
areas shall be utilized for oil and Çlas exploration and oil and Çlas
field development and production activities in FSAs and HSAs in
order to minimize impacts to native habitats, when determined to be
practicable. This requirement shall be deemed satisfied upon issuance
of a state permit in compliance with the criteria established in Chapter
62C-25 t!JrouÇJh 62C-30. F.A.C., reaardless of whether the activity
occurs within the Bia Cypress Watershed, as defined in Rule 62C-
30.001(2}, F,A.C, All applicable Collier County environmental permittina
requirements shall be considered satisfied by evidence of the issuance
of all applicable federal and/or state oil and aas permits for proposed oil
and aas ~ctivities in Collier County, so 10nÇ1 as the state permits comply
with the ~equirements of Chapter 62C-25 throuah 62C-30. F.A.C. For
lhose areas of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for convening the Bia
Cypress $.wamp Advisory Committee as set forth in Section 377.42,
F.S" to assure compliance with Chapter 62C-25 throuQh 62C-30,
F.A.C., even if outside the defined Big Cypress Watershed. All oil and
aas access roads shall be constructed and protected from
unauthorized uses accordina to the standards established in Rule 62-
30.005(2)(a} 1 throuah 12, F.A.C,
4. Asphaltic and concrete batch making plants shall be prohibited in areas
mapped as HSAs.
I. Standards alJlJlicable inside the ACSC. RLSA District lands within the ACSC
shall be subject to all ACSC reaulatorv standards, includina those that strictly limit
non-aaricultural clearinq.
J. Standards applicable outside the ACSC. Except to the extent superceded by
L. or M. below, the followinq standards shall apply to all development within those
areas of the RLSA District that are outside of the ACSC. other than agricultural
operations that fall within the scope of sections 163.3162 (4) and 823.14 (6), F.S.,
and sinqle family residential dwellinÇls, unless or until such lands are subject to
transmittal or receipt of Stewardship Credits:
1. A wildlife survey. as set forth in Chapter 10. shall be required for all
parcels when listed species are known to inhabit bioloqical
communities similar to those existinq on site or where listed species are
directly observed on the site.
2. If listed species are directlv observed on the site of the proiect or are
indicated by evidence. such as dennino. foraoino. or other indications.
first priority shall be oiven to preserving the habitat of such listed
species a minimum of 40% of native veoetation on site shall be
retained. with the exception of clearino for incidental purposes.
3. If the wildlife survey indicates that listed species are utilizina the site. or
the site is capable of supportino and is likely to support listed species. a
wildlife habitat manaoement plan shall be prepared and submitted to
the County.
a. The wildlife habitat manaoement plan within the RLSA District
shall include the followino techniaues to protect listed species
from the neoative impacts of development:
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i. Open space and veqetation preservation requirements
shall be used to establish buffer areas between wildlife
habitat areas and areas dominated by human activities.
ii. Fencinq, walls, other obstructions. or other provisions
shall be used to minimize development impacts to the
listed species and to encouraqe wildlife to use wildlife
corridors.
iii. Roadways crossinqs. underpasses. and signaqe shall be
used where roads must cross wildlife corridors.
b. The wildlife habitat manaqement plan shall also incorporate the
followinq:
i. A description of the techniques used to direct
incompatible land uses away from listed species and their
habitats and to comply with the criteria identified in 1 and
2 above, as applicable;
ii. Identification of appropriate liqhtinq controls for permitted
uses and a consideration of the opportunity to utilize
prescribed burninq to maintain fire-adapted preserved
vegetation communities and provide browse for white-
tailed deer. consistent with the UFWS South Florida Multi-
Species Recover Plan, May 1999. except as
recommended otherwise by the UFWS or FFWCC; and
iii. If the development will be larqer than 10 acres, a
monitorinq proqram.
c. The followinq references shall be used. as appropriate. to
prepare the wildlife habitat management plan:
i. South Florida Multi-Species Recovery Plan. USFWS.
1999.
ii. Habitat Manaqement Guidelines for the Bald Eaqle in the
Southeast Region. USFWS. 1987.
iii. Ecoloqy and Habitat Protection Needs of Gopher Tortoise
(Gopherus polyphemus) Populations found on Lands
Slated for Larqe Scale development in Florida. Technical
Report No.4. Florida Game and Fresh Water Fish
Commission. 1987.
¡v. Ecoloav and development-Related Habitat Reauirements
of the Florida Scrub Jay (ADelocoma coerulescens),
Technical Report No.8. Florida Game and Fresh Water
Fish Commission. 1991.
v. Ecoloay and Habitat Protection Needs of the
Southeastern American Kestrel (Falco Sparverius Paulus)
on Larae-scale development Sites in Florida. Nonaame
Technical Recort No. 13. Florida Game and Fresh Water
Fish Commission. 1993.
d. The followina scecies sDecific Drovisions shall be included within
the wildlife habitat manaaement clan if the wildlife survey
indicates that the identified scecies utilizes the site or the site is
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capable of supportinq and is likely to support such species:
i. GQRher tortoise, For parcels containinq qopher tortoises
(Gopherus polyphemus), priority shall be given to
Qrotecting the largest, most contiquous qopher tortoise
Ilabitat with the qreatest number of active burrows, and for
Q!"ovidinq a connection to off site adjacent qopher tortoise
preserves.
li. Florida scrub jay. Habitat preservation for the Florida
scrub jay (Aphelocoma coerulescens) shall conform to the
guidelines contained in Technical Report No.8, Florida
Game and Fresh Water Fish Commission, 1991, A
maintenance proqram shall be established, which shall
§Qecify appropriate fire or mechanical protocols to
maintain the natural scrub community. A public
awareness proqram to educate residents about the on-
site preserve and the need to maintain the scrub
veqetation shall be developed. These requirements shall
be consistent with the UFWS South Florida Multi-Species
Recovery Plan, May 1999,
iii. Bald eaqle. For the bald eaqle (Haliaeetus
leucocephalus), the required habitat manaqement plans
shall establish protective zones around the eaqle nest
restrictinq certain activities. The plans shall also address
restrictinq certain types of activities during the nest
season. These requirements shall be consistent with the
UFWS South Florida Multi-Species Recover Plan, May
1999.
iv. Red-cockaded woodpecker. For the red-cockaded
woodpecker (lpicoides borealis), the required habitat
protection plan shall outline measures to avoid adverse
impacts to active clusters and to minimize impacts to
foraqinq habitat. Where adverse effects cannot be
avoided, measures shall be taken to minimize on-site
disturbance and compensate or mitiqate for impacts that
remain. These requirements shall be consistent with the
UFWS South Florida Multi-Species Recovery Plan, May
1999,
v. Florida black bear. In areas where the Florida black bear
(Ursus americanus floridanus) may be present. the
manaqement plans shall require that qarbaqe be placed in
bear-proof containers. at one or more central locations.
The manaqement plan shall also identify methods to
inform local residents of the concerns related to
interaction between black bears and humans. Mitiqation
for imDactinc habitat suitable for black bear shall be
considered in the manaqement plan.
vi. Panther. For proiects located in Priority I or Priority II
Panther Habitat areas. the manacement plan shall
discourace the destruction of undisturbed. native habitats
that are preferred by the Florida panther (Felis concolor
COryn by directinq intensive land uses to currently
disturbed areas. Preferred habitats include pine flatwoods
and hardwood hammocks. In turn. these areas shall be
buffered from the most intense land uses of the project
bv usinc low intensitv land uses (e.c.. Darks. passive
recreational areas. coif courses).
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4. On property where the wildlife survey establishes that listed species are
utilizing the site or where the site is capable of supportinQ listed species
and such listed species can be anticipated to potentially OCCUpy the
site, the County shall. consistent with the RLSA Overlay of the GMP,
consider and utilize recommendations and letters of technical
assistance from the State of Florida Fish and Wildlife Conservation
Commission and recommendations from the U.S. Fish and Wildlife
Service in issuinQ development orders. It is recoQnized that these
agency recommendations. on a case-by-case basis may chanQe the
requirements contained herein and any such chanQe shall be deemed
consistent with this Code.
K. Golf course standards. Except as otherwise required by L.or M.
below, all Qolf courses within the RLSA District that are not within an
SRA shall be subject to the followinQ requirements:
1. Golf courses shall be desiQned, constructed. and managed in
accordance with Audubon International's Gold SiQnature ProQram. The
project shall demonstrate that the Principles for Resource ManaQement
required by the Gold SiQnature ProQram (Site Specific Assessment.
Habitat Sensitivity. Native and Naturalized Plants and Natural
Landscaping. Water Conservation. Waste ManaQement. EnerQY
Conservation & Renewable Enemy Sources. Transportation.
Greenspace and Corridors, AQriculture, and buildina DesiQn) have
been incorporated into the Qolf course's desiQn and operational
procedures. In addition to addressinQ these requirements. Qolf courses
shall meet the followinQ specific criteria:
a. In order to prevent the contamination of soil. surface water and
Qround water by the materials stored and handled by Qolf course
maintenance operations. Qolf courses shall comply with the Best
ManaQement Practices for Golf Course Maintenance
Departments. prepared by the Florida Department of
Environmental Protection, May 1995.
b. To protect Qround and surface water quality from fertilizer and
pesticide usaQe. Qolf courses shall demonstrate the followinQ
manaQement practices:
i. The use of slow release nitroQen sources:
ii. The use of soil and plant tissue analysis to adjust timinQ
and amount of fertilization applications:
iii. The use of an inteQrated pest manaQement proaram usinQ
both bioloQical and chemical aoents to control various
pests:
iv. The coordination of Desticide aDDlications with the timina
and aDDlication of irriaation water: and
v. The use of the Drocedure contained in IFAS Circular
1011. Manaaina Pesticides for Golf Course Maintenance
and Water Qualitv Protection. May 1991 (revised 1995) to
select Desticides that will have a minimum adverse imDact
on water Quality.
2. To ensure water conservation. aolf courses shall incomorate the
followina in their desian and oDeration:
a. Irrigation systems shall be designed to use weather station
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information and moisture-sensing systems to determine the
optimum amount of irriqation water needed considerinq soil
D10is!!:![8 and evapotranspiration rates.
b. As available, golf courses shall utilize treated effluent reuse
water consistent with Sanitary Sewer Sub-Element Objective 1.4
and its policies;
c. Native plants shall be used exclusively except for special
purpose areas such as qolf qreens, fairways. and buildin~ sites.
Within these excepted areas. landscapinq plans shall require
that at least 75% of the trees and 50% of the shrubs be freeze-
tolerant native Floridian species. At least 75% of the required
native trees and shrubs shall also be drouqht tolerant species.
3. Stormwater manaqement ponds shall be desiqned to mimic the
functions of natural systems: by establishinq shorelines that are
sinuous in confiquration in order to provide increased lenqth and
diversity of the littoral zone. A Littoral shelf shall be established to
provide a feedinq area for water dependent avian species. The
combined lenqth of vertical and rip-rapped walls shall be limited to 25%
of the shore!il1e. Credits to the site preservation area requirements, on
an acre- to- acre basis. shall be qiven for littoral shelves that exceed
these littoral shelf area requirements.
L. Standards applicable in FSAS. HSAS. and WRAS that are outside of
the ACSC. The provisions of Chapters 3, 4. and 10 in effect as of July 25.2000,
shall apply to FSAs. HSAs, and WRAs that outside of the ACSC. with the followinÇ1
exceptions:
1. Site clearinq and alteration shall be limited to 20% of the property and
nonpermeable surfaces shall not exceed 50% of any such area.
2. Except for roads and lakes. any nonpermeable surface qreater than
one acre shall provide for release of surface water run off. collected or
uncollected, in a manner approximatinq the natural surface water flow
reqime of the surrounding area.
3. Roads shall be desiqned to allow the passaqe of surface water flows
throuqh the use of equalizer pipes, interceptor spreader systems or
performance equivalent structures.
4. Reveqetation and landscapinq of cleared areas shall be accomplished
with predominantly native species and plantinq of undesirable exotic
species shall be prohibited.
M. Standards applicable to wetlands outside of FSAS. HSAS. WRAS. and
the ACSC. Wetlands located outside of FSAs. HSAs. WRAs. and the ACSC shall be
preserved in accord with the followinq criteria:
1. The veaetatlve preservation requirement set forth In J.2. above shall
first be met throuah preservation of wetlands havinq a functionality
assessment score of 0.65 or qreater. ADDlicants shall establish the
wetland functlonalltv score of wetlands usina the South Florida
Water Manaaement District's Unified wetland Mitiaation Assessment
Method. F.A.C. 62-345. Upland veaetative communities may be utilized
to meet the veaetative. ODen SDace. and site preservation
requirements when the wetland functional assessment score of on-
site wetlands is less than 0.65.
2. Wetlands utilized by listed species or servina as corridors for the
movement of listed species shall be preserved on site.
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3. Wetland flowwav functions throuQh the project shall be maintained.
4. Ground water table drawdowns or diversions shall not adversely
chanQe the hydroperiod of preserved wetlands on or offsite and
detention and control elevations shall be set to protect surroundinQ
wetlands and be consistent with surrounding land and proiect control
elevations and water tables. In order to meet these requirements,
projects shall be designed in accordance with Sections 4.2.2.4.6.11 and
6.12 of SFWîv1D's Basis of Review. January 2001.
5. All direct impacts shall be mitiQated for as required by applicable federal
or state aQencies and in the same manner as set forth in section
4.06.04 of this Code.
6. Sinqle family residences shall follow the requirements contained within
Policy 6.2.7 of the Conservation and Coastal Management Element.
7. Appropriate bufferina shall be provided to separate preserved
wetlands from other land uses. A minimum 50-foot veqetated upland
buffer is required adjacent to a natural water body and for other
wetlands a minimum 25-foot veQetated upland buffer adjacent to the
wetland. A structural buffer. consistinq of a stem-wall, a berm. or a
veqetative hedqe with suitable fencinQ. may be used in conjunction with
a veqetative buffer that would reduce the veQetative buffer width by
50%. A structural buffer shall be required adjacent to wetlands where
direct impacts are allows. Wetland buffers shall conform to the
followinq standards:
a. The buffer shall be measured landward from the approved
iurisdictionalline.
b. The buffer zone shall consist of preserved native veaetation.
Where native veaetation does not exist, native veaetation
compatible with the existinQ soils and expected hydroloqic
conditions shall be planted.
c. The buffer shall be maintained free of CateQory I Exotics.
d. The followinQ land uses are considered to be compatible with
wetland functions and are allowed within the buffer:
i. Passive recreational areas. boardwalks and recreational
shelters:
ii. Pervious nature trails:
iii. Water manaQement structures:
iv. MitiQation areas:
v. Anv other conservation and related ODen SDace activity or
use which is comparable in nature with the foreaoina
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8. Mitiaation Requirements. Mitiaation shall be required for direct impacts
to wetlands. such that the wetland functional score of the mitiaation
equals or exceeds the wetland functional score of the impacted
wetlands.
a. Priority shall be aiven to mitiaation within FSAs and HSAs.
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b. Loss of storage or conveyance volume resultinq from direct
impacts to wetlands shall be compensated for by providinq an
ª-Qual amount of storaqe or conveyance capacity on site and
within or adjacent to the impacted wetland.
c, Protection shall be provided for preserved or created wetland or
upland veqetative communities offered as mitiqation by placinq a
conservation easement over the land in perpetuity, providinq for
initial exotic plant removal (Class I invasive exotic plants defined
by the Florida Exotic Plant Council) and continuinq exotic plant
maintenance, or by appropriate ownership transfer to a state or
federal aqency alonq with sufficient fundinq for perpetual
manaqement activities.
9. Prior to issuance of any final development order that authorizes site
alteration, the applicant shall demonstrate compliance with
paraqraphs 8,a. throuqh 8.c. above, as applicable. If state or federal
aqency permits have not provided mitiqation consistent with paraqraphs
8 above, the County shall require mitiqation exceedinq that of the
jurisdictional aqencies.
10. Wetland preservation, buffer areas, and mitiqation areas shall be identified or
platted as separate tracts, In the case of a Planned Unit development (PUD),
these areas shall also be depicted on the PUD Master Plan. These areas shall be
maintained free from trash and debris and from Category I Exotics. Land uses
allowed in these areas shall be limited to those identified in 7,d. above.
SUBSECTION 3. Z. AMENDMENTS TO SECTION 4.08.06 SSA
Designation
Section 4.08.06 SSA Designation, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as follows:
4.08.06 SSA Designation.
Lands within the RLSA District may be designated as SSAs subject to the following
regulations:
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2. FSA Delineated Lands.
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c. Directional-drilling techniques and/or previously cleared or disturbed
areas shall be utilized for OIL AND GAS EXPLORATION and oil
and gas field DEVELOPMENT, and production activities in FSAs
in order to minimize impacts to native habitats when determined
to be practicable. This requirement shall be deemed satisfied
upon issuance of a state permit requiring compliance with the
criteria established in tho Florida l\dmine>tmtivo Code Chapter
62C-25 throuah 62C-30. F.A.C.. as those rules existed on
. 2005 (the effective date of this provision),
regardless of whether the FS!\ in which OIL AND GAS
IiXPlORA TION and oil and gas field DIi'.'lilOPMENT and
produotion aotivities is activity occurs within the Big Cypress
Swamp as defined in Rule 62C-30.001l2t F.A.C. All applicable
Collier County enyironmental permittinq reauirements shall be
considered satisfied by evidence of the issuance of all applicable
federal and/or state permits for proposed oil and aas actitivies in
Collier County, so lona as the state permits comply with the
reauirements of Chapter 62C-25 throu~h 62C-30. FAC. For
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those areas of Collier County outside the boundary of the Biq
Cypres~ Watershed, the applicant shall be responsible for
conveninq the Big Cypress Swamp Advisory Committee as set
forth in Section 377.42. F.S.. to assure compliance with Chapter
62C-25 throuqh 62C-30, F,A.C. even if outside the defined Big
Cypress Watershed. All oil and qas access roads shall be
constructed and protect from unauthorized uses accordinq to the
standards established in Rule 62C-30.005(2)(a)1 throuqh 12.
FAC. Nothing contained herein alters the requirement to obtain
CONDITIONAL USE permits for oil and gas field
DEVELOPMENT and production activities.Directional-drillir:1g
techniques and/or previously cleared or disturbed areas shall be
utilized for oil and gas exploration and oil and gas field
developmentï and production activities in FSAs in order to
minimize impacts to native habitats when determined to be
practicable. This requirement shall be deemed satisfied upon
issuance of a state permit requiring compliance with the criteria
established in tho Florida ^dminstrative Code Chapter 62C-25
throuqh 62C-30. F.A.C., as those rules existed on January 14.
2005. regardless of whether the FSA in which oil and gas
exploration and oil and gas field DEVELOPMENT and
production activities is within the Big Cypress Swamp as
defined in Rule 62C-30.001(2), F.A.C. For those areas of Collier
County outside the boundary of the Biq Cypress Swamp
Advisory Committee as set forth in Section 377.42. F.S., to
assure compliance with Chapter 62C-25 throuqh 62C-30. F.A.C.
even if outside the defined Biq Cypress Watershed. Nothing
contained herein alters the requirement to obtain conditional
use permits for oil and gas field development and production
activities.
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e. Once land in an FSA is designated as an SSA, no expansion of
Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7)
and no conversion of Agriculture Group 2 to Agriculture Group 1
shall be allowed beyond those land uses in existence or allowed
by applicable permits as of the date that the SSA designation is
approved other than incidental clearing as set forth in f. below.
f. Incidental clearinq is permitted. provided that the Aq 1 Land Use
Layer has been retained on the areas to be incidentally cleared
and the Natural Resource Index Value score has been adjusted
to reflect the proposed chanqe in land cover. In the even said
incidental clearinq impacts lands havinq a Natural Resource
Index Value in excess of 1.2, appropriate mitiqation shall be
provided.
3. HSA Delineated Lands.
a. In the case where lands delineated as HSA are designated as an
SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the
Matrix, shall be eliminated.
b. General conditional uses, Earth Mining and Processing Uses, and
Recreational Uses shall be allowed only on HSA lands with a
Natural Resource Stewardship Index value of 1.2 or less.
c. In addition to the requirements imposed in the LDC for approval of a
conditional use, uses listed in b. above will only be approved upon
submittal of an EIS which demonstrates that clearing of native
vegetation has been minimized, the use will not significantly and
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adversely impact listed species and their habitats and the use will
not significantly and adversely impact aquifers. This demonstration
shall be made by establishing the following:
(1) Clearing of native vegetation shall not exceed
15% of the native vegetation on the parcel.
(2) Priority shall be given to utilizing contiguous areas
of previously cleared land before native vegetated
areas.
(3) Buffering to Conservation Land shall comply with
Section 4.08.07 J.6.10.
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g. Directional-drilling techniques and/or previously cleared or disturbed
areas shall be utilized for OIL AND GAS EXPLORATION and oil
and gas field DEVELOPMENT, and production activities in HSAs in
order to minimize impacts to native habitats when determined to be
practicable. This requirement shall be deemed satisfied upon
issuance of a state permit requiring compliance with the criteria
established in the Florid3 Adm+Asifalive Code Chapter 62C-25
throuqh 62C-30, F.A.C., as those rules existed on ,
2005 (the effective date of this provision), regardless of whether the
FlS^ in wRtBtH»b-AND GAS EXPbORATION 3nd oil and gas4ieW
DEVELOPMENT and produeäon activities is activity occurs within
the Big Cypress Swamp as defined in Rule 62C-30.001(2), F.A.C.
All applicable Colier County environmental permittinq requirements
shall be considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and qas permits for proposed oil
and qas activities in Collier County, so lonq as the state permits
comply with the requirements of Chapter 62C-25 throuQh 62C-30,
FAC. For those areas of Collier County outside the boundary of the
Big Cypress Watershed, the applicant shall be responsible for
conveninQ the Big Cypress Swamp Advisory Committee as set forth
in Section 377.42, F.S.. to assure compliance with Chapter 62C-25
throuQh 62C-30, F.A.C. even if outside the defined BiQ Cypress
Watershed. All oil and Qas access roads shall be constructed and
protected from unauthorized uses accordinq to the standards
established in Rule 62C-30.005(2)(a)1 throuQh 12. FAC. Nothing
contained herein alters the requirement to obtain CONDITIONAL
USE permits for oil and gas field DEVELOPMENT and production
activities.
h. Golf Course design, construction, and operation in any HSA shall
comply with the best management practices of Audubon
International's Gold Program and the Florida DEP, which standards
shall be adopted by December 13, 2003.
i. Once land in an HSA is designated as an SSA, no expansion of
Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and
no conversion of Agriculture Group 2 to Agriculture Group 1 shall be
allowed beyond those land uses in existence or allowed by
applicable permits as of the date that the SSA designation is
approved other than incidental clearina as set forth in f. below.
1. Incidental clearina is Dermitted. Drovided that the Aa 1 Land Use
Layer has been retained on the areas to be incidentally cleared and
the Natural Resource Index Value score has been adiusted to reflect
the Droposed chanae in land cover. In the eyen said incidental
clearina imDacts lands havina a Natural Resource Index Value in
excess of 1.2. aDPropriate mitiaation shall be Drovided..
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C. SSA Designation Application Package. A request to designate lands(s) within
the RLSA District as an SSA shall be made pursuant to the regulations of this
Section. An SSA Application Package shall include the following:
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4. Support Documentation. In addition, the following support documentation
shall be provided for each SSA being designated:
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f. FOOT Florida Land Use Cover and Forms Classification
System (FLUCCS) (FLUCFCS) map(s) delineating the area
being designated as an SSA on an aerial photograph having
a scale of one (1) inch equal to at least 200 feet when
available from the County, otherwise, a scale of at least one
(1) inch equal to 400 feet is acceptable;
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7. Recording of SSA Memorandum. Following approval by the County, an
SSA Memorandum shall be prepared and recorded in the public records,
together with the following portions or exhibits of the SSA Credit
Agreement as attachments:
a. The legal description of the lands subject to the SSA
Credit Agreement and the number of SSA Credits
assigned to the land designated as SSA, including lands
designated for restoration, if any, and the Restoration
Credits assigned to such land;
b. The Stewardship easement Agreement on the SSA
lands, describing the land uses remaining on the land;
c. A summary of the Restoration Plan, if restoration is to be
undertaken by the applicant, to include the elements set
forth in Section 4.08.04 C.5 4.08.06 C.5.
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SUBSECTION 3. AA. AMENDMENTS TO SECTION 4.08.07 SRA
Designation
Section 4.08.07 SRA Designation, of Ordinance 04-41, as amended, the.
Collier County Land Development Code is hereby amended to read as follows:
4.08.07 BRA Designation
SRA designation is intended to encourage and facilitate uses that enable economic
prosperity and diversification of the economic base of the RLSA District, and
encourage development that utilizes creative land use planning techniques and
facilitates a compact form of development to accommodate population growth by the
establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for
additional residential or non-residential entitlements in an SRA on a per acre basis as
set forth herein. ElDensity and intensity within the RLSA District shall not be
increased beyond the Baseline Standards except through the provisions of the
Stewardship Credit System, the affordable housing density Bonus as referenced in
the density Rating System of the FLUE, and the density and intensity blending
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provision of the Immokalee Area Master Plan. The procedures for the establishment
and transfer of Credits and SRA designation are set forth herein. Credits can be
transferred only to lands within the RLSA District that meet the defined suitability
criteria and standards set forth herein. Land becomes designated as an SRA on the
date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.0áZ
0,11, Any change in the tesidential density or non-residential intensity of land use
on a parcel of land located within an SRA shall be specified in the resolution, which
shall reflect the total number of transferable Credits assigned to the parcel of land.
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A. Lands Within the RLSA District that can be Designated as SRAs.
1. Suitability Criteria
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g. An SRA may be contiguous to an FSA or HSA, but shall not encroach
into such areas, and shall buffer such areas as described in Section
~GMáfJHå14,08.07 J.6. An SRA may be contiguous to, or
encompass a WRA.
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B. Establishmenl and Transfer of Stewardship Credits. The procedures for the
establishment and transfer of Credits and SRA designation are set forth herein.
Stewardship Credits will be exchanged for additional residential or non-residential
entitlements in an SRA on a per acre basis, as described in Section 4.08.0áZ B.2.
Stewardship density and intensity will thereafter differ from the Baseline Standards.
1. Transfer of Credits. The transfer or use of Stewardship Credits shall only
be in a manner as provided for herein.
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e. Stewardship Credits may be acquired from a Stewardship Credit
Trust established pursuant to Section 4.08.0-14 B., and transferred to
an SRA subject to the limitations contained in this Section.
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C. Forms of SRA developments.
1. Towns. Towns are the largest and most diverse form of SRA, with a full
range of housing types and mix of uses. Towns have urban level services
and infrastructure which support development that is compact, mixed use,
human scale, and provides a balance of land uses to reduce automobile
trips and increase livability. Towns shall be not less than 1,000 acres or
more than 4,000 acres and are comprised of several villages and/or
neighborhoods that have individual identity and character. Towns shall
have a mixed-use town center that will serve as a focal point for community
facilities and support services. Towns shall be designed to encourage
pedestrian and bicycle circulation by including an interconnected sidewalk
and pathway system serving all residential neighborhoods. Towns shall
have at least one community park with a minimum size of 200 square feet
per dwelling unit in the Town. Towns shall also have parks or public green
spaces within neighborhoods. Towns shall include both community and
neighborhood scaled retail and office uses, in a ratio as provided in Section
4.08.0áZ J.1. Towns may also include those compatible corporate office
and light industrial uses as those permitted in the Business Park and
Research and Technology Park Subdistricts of the FLUE. Towns shall be
the preferred location for the full range of schools, and to the extent
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possible, schools and parks shall be located adjacent to each other to
allow for the sharing of recreational facilities. Towns shall not be located
within the ACSC.
2. Villages. Villages are primarily residential communities with a diversity of
housing types and mix of uses appropriate to the scale and character of
the particular village. Villages shall be not less than 100 acres or more than
1,000 acres. Villages are comprised of residential neighborhoods and shall
include a mixed-use village center to serve as the focal point for the
community's support services and facilities. Villages shall be designed to
encourage pedestrian and bicycle circulation by including an
interconnected sidewalk and pathway system serving all residential
neighborhoods. Villages shall have parks or public green spaces within
neighborhoods. Villages shall include neighborhood scaled retail and office
uses, in a ratio as provided in Section 4.08.0áZ J.1. Villages are an
appropriate location for a full range of schools. To the extent possible,
schools and parks shall be located adjacent to each other to allow for the
sharing of recreational facilities. The Village form of rural land
development is permitted within the ACSC subject to the limitations of
Section 4.08.0áZ A.2.
3. Hamlets. Hamlets are small rural residential areas with primarily single-
family housing and limited range of convenience-oriented services.
Hamlets shall be not less than 40 or more than 100 acres. Hamlets will
serve as a more compact alternative to traditional five-acre lot rural
subsections currently allowed in the Baseline Standards. Hamlets shall
have a public green space for neighborhoods. Hamlets include
convenience retail uses, in a ratio as provided in Section 4.08.0áZ J.1.
Hamlets may be an appropriate location for pre-K through elementary
schools. The Hamlet form of rural land development is permitted within
the ACSC subject to the limitations of Section 4.08.0áZ A.2.
4. Compact Rural developments (CRDs). Compact Rural development
(CRD) is a form of SRA that will provide flexibility with respect to the mix of
uses and design standards, but shall otherwise comply with the standards
of a Hamlet or Village. A CRD may include, but is not required to have
permanent residential housing and the services and facilities that support
permanent residents. Except as described above, a CRD will conform to
the characteristics of a Village or Hamlet as set forth in Section 4.08.0áZ
J.1. based on the size of the CRD. As residential units are not a required
use, those goods and services that support residents such as retail, office,
civic, governmental and institutional uses shall also not be required.
However for any CRD that does include permanent residential housing, the
proportionate support services listed above shall be provided in
accordance with the standards for the most comparable form of SRA as
described in Section 4.08.0áZ C.2. or 3.
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b. CRDs within the ACSC. The CRD form of rural land development is
permitted within the ACSC subject to the limitations of Section
4.08.0il A.2.
5. Proportion of Hamlets and CRDs to Villages and Towns. In order to
maintain the correct proportion of Hamlets and CRDs of 100 acres or
less to the number of Villages and Towns approved as SRAs, not more
than five (5) of any combination of Hamlets and CRDs of 100 acres sf
Q!: less may be approved prior to the approval of a Village or Town. In .
order to maintain that same proportion thereafter, not more than five (5)
of any combination of Hamlets and CRDs of 100 acres sf Q.[ less may
approved for each subsequent Village or Town approved.
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6. SRAs as Part of a development of Regional Impact (DRI). SRAs
are permitted as part of a DRI subject to the provisions of § 380.06,
F.S, and the RLSA District Regulations.
a. An SRA Designation Application may be submitted simultaneously
with a Preliminary development agreement application that occurs
prior to a DRI Application for development Approval (ADA). In such
an application, the form of SRA development shall be determined by
the characteristics of the DRI project, as described in the µQA ADA.
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D. SRA Designation Application Package. A Designation Application Package
to support a request to designate land(s) within the RLSA District as an SRA
shall be made pursuant to the regulations of the RLSA District Regulations.
The SRA Application Package shall include the followirJ.g:
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3. Natural Resource Index Assessment. An assessment that documents
the Natural Resource Index Value scores shall be prepared and
submitted as part of the SRA Application. The Assessment shall include
an analysis that quantifies the number of acres by Index Values. The
Assessment shall:
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h. Demonstrate compliance with the Suitability Criteria contained in
Section 4.08.0ãl A.i.
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4. Natural Resource Index Assessment Support Documentation.
Documentation to support the Natural Resource Index Assessment shall
be provided for each SRA being designated to include:
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f. FLUCCS FLUCFCS map(s) delineating the area being designated
as an SRA;
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5. SRA Master Plan. A Master Plan shall be prepared and submitted by
the applicant as part of the SRA Application for Designation of an SRA.
The SRA Master Plan shall be consistent with the requirements of
Section 4.08.0ãl G.
6. SRA development Document. A development Document shall be
prepared and submitted by the applicant as part of the SRA
Application for Designation of an SRA. The SRA development
Document shall be consistent with the requirements of Section 4.08.0ãZ
H.
7. SRA Public Facilities Impact Assessment Report. An Impact
Assessment Report shall be prepared and submitted by the applicant
as part of the SRA Application for Designation a of SRA. The SRA
Impact Assessment Report shall address the requirements of Section
4.08.0ãZ K.
8. SRA Economic Assessment Report. An Economic Assessment Report
shall be prepared and submitted by the applicant as part of the SRA
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Application for Designation of an SRA. The SRA Economic Assessment
Report shall address the requirements of Section 4.08.0áI L.
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E. SRA Application Review Process.
1. Pre-Application Conference with County Staff:
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b. Consideration of suitability criteria described in Section 4.08.0áI
A.1. and other standards of this Section;
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2. Application Package Submittal and Processing Fees. The required
number of SRA Applications and the associated processing fee shall be
submitted to the County Manager or his designee. The contents of said
application package shall be in accordance with Section 4.08.0áI D.
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H. Development Document. Data supporting the SRA Master Plan, and
describing the SRA application, shall be in the form of a development
Document that shall consist of the information listed below, unless determined
at the required pre-application conference to be unnecessary to describe the
development strategy.
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2. The document shall identify, locate and quantify the full range of uses,
including accessory uses that provide the mix of services to. and are
supportive of, the residential population of an SRA or the RSLA District,
and shall include, as applicable, the following:
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k. Design standards for each type of land use proposed within the
SRA. Design standards shall be consistent with the Design
Criteria contained in Section 4.08.0áI J.;
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J. Design Criteria. Criteria are hereby established to guide the design and
development of SRAs to include innovative planning and development
strategies as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(I),
F.A.C.. The size and base density of each form of SRA shall be consistent
with the standards set forth below. The maximum base residential density as
specified herein for each form of SRA may only be exceeded through the
density blending process as set forth in density and intensity blending
provision of the Immokalee Area Master Plan or through the affordable
housing density Bonus as referenced in the density Rating System of the
FLUE. The base residential density is calculated by dividing the total number
of residential units in an SRA by the acreage therein that is entitled through
Stewardship Credits. The base residential density· does not restrict net
residential density of parcels within an SRA. The location, size and density .
of each SRA will be determined on an individual basis, subject to the
regulations below, during the SRA designation review and approval process.
1. SRA Characteristics. Characteristics for SRAs designated within the
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RLSA District have been established in the Goals Objectives and
Policies of the RLSA Overlay. All SRAs designated pursuant to this
Section shall be consistent with the characteristics identified on the
Collier County RLSA Overlay SRA Characteristics Chart and the design
criteria set forth in 2. through 6. below,
a. SRA Characteristics Chart
Collier County RLSA Overlay SRA Characteristics Chart
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* Towns are prohibited within the ACSC, per policy 1.7.1 of tRe Goals,Gbjoctives,
3nd Poliefes section 4.08.07 A.2. of this code.
** Villages, Hamlets, and Compact Rural developments within the ACSC are subject
to location and size limitations, per--f)GÜey-4-:20 section 4.08.07 A.2. of this code, and
are subject to Chapter 28-25, FAC.
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8. Requests for Deviations from the LDC. The SRA development
Document may provide for nonprocedural deviations from the LDC,
provided that all of the following are satisfied:
a. The deviations are consistent with the RLSA Overlay;
b. The deviations further the RLSA District Regulations and are
consistent with those specific Design Criteria from which Section
4.08.0áZ J.2. - 5. expressly prohibits deviation; and
c. It can be demonstrated that the proposed deviation(s) further
enhance the tools, techniques and strategies based on principles
of innovative planning and development strategies, as set forth
in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(L), F.A.C.
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K. SRA Public Facilities Impact Assessments. Impact assessments are intended
to identify methods to be utilized to meet the SRA generated impacts on public
facilities and to evaluate the self-sufficiency of the proposed SRA with respect
to these public facilities. Information provided within these assessments may
also indicate the degree to which the SRA is consistent with the fiscal
neutrality requirements of Section 4.08.0ál L. Impact assessments shall be
prepared in the following infrastructure areas:
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7. PubUc schools. The applicant shall coordinate with the Collier County
School Board to Drovide information and coordinate Dlanninc to accommodate
any imDacts that the SRA has on DubUc schools. As Dart of the SRA
aDDUcation. the followinc information shall be Drovided:
a. Number of residential units by tYDe:
b. An estimate of the number of school-aced children for each tYDe of
school imDacted (elementary. middle. hich schoo ): and
c. The Dotential for located a DubUc educational facility or facilities within
the SRA. and the sites of any sites that may be dedicated or otherwise
made available for a DubUc educational facility.
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L. SRA Economic Assessment. No change.
1. Demonstration of Fiscal Neutrality.
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b. Alternative Fiscal Impact Model. If Collier County has not adopted a
fiscal impact model as indicated above, the applicant may develop an
alternative fiscal impact model using a methodology approved by Collier
County. The model methodology '/Jill be consistont ·I.'ith the Fiscal Impact
Analysis Modol ("FlAM") developed by the State of Florida or with Burchell
ot aI., 1994, developmont /\ssossmont Handbook (ULI). The BCC may
grant exceptions to this policy of fiscal neutrality to accommodate
affordable or workforce housing.
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M. The BCC may. as a condition of approval and adoption of an SRA
development. require that suitable areas for parks. schools. and other public
facilities be set aside. improved. and/or dedicated for public use. When the
BCC requires such a set aside for one or more public facilities. the set aside
shall be subject to section 2.03.06. in the same manner as are public facilitv
dedications required as a condition of PUD rezoninQs.
SUBSECTION 3. BB. AMENDMENTS TO SECTION 4.08.08 Baseline
Standards
Section 4.08.08 Baseline Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as follows:
4.08.08 Baseline Standards
^. Pl:Jrposo and infant. These Baselino Standards will remain in efloct for
all land within the RLS^ District unless or until such land becomes subjoct to the
transfer or recoipt of Stewardship Credits, excopt as to those agricultural uses
subject to sections 163.3162(4) and 823.14(6), Florida Statutes. The Baseline
Standards are intended to protect ',vator quality and quantity, maintain the natural
'Nater regime, and protect listed animal and plant species and their habitats on land
that has not been designated as an SSA or SRA. The opportunity to voluntarily
participate in the Stewardship Credit Program, as ·...'ell as the right to sell
conservation easements or a fee or lessor interest in the land, shall constitute
compensation for the loss of any de'*'elopment rights related to these standards.
B. AwliÐabmty of rode. Exoept as otherwise speoifioally pro':ided in this
seotion 4.08.00, those pro'.'isions of this Code in effect as of November [], 1999, shall
apply to all land within the RLS/\ District unless or until such lands become subject to
the transfor or receipt of Stev.'ardship Crodits.
C. AUoVla/;)/f) l:Jses. The permitted, aooessery, and GenElltleAal uses
alle\\'od shall be thoso set forth in section 2.03.00 in offoct as of Novombor [], 1999,
'lJith the follo·.A/ing oxcoptions:
1. Residential Uses, Geneml eeAElltlenal uses, Earth Mining and
Pr{)oossing Uses, anå Reoreational Uses (layers 1 4) as listed in tho
Matrix at section 4.08.00 shall bo eliminated in all FSAs, as providod in
soction 4.08.00.
2. CenElltleAal use essential servlees and govemmontal essential
sen.-lees, exoept those neoossary to GONe pormittod uses or for public
safety, shall only eo allowed in FSAs with an Index value of 1.2 or loss,
as pro':idod in seotion 4.08.00.
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3. Diroctional drilling tochniquos and/or proviously cloared or disturbed
areas shall-ee-lliHizod for oil and gas-&*ploFation and oil and gas field
develof)meAt-aAe productieA-a£tivi~fe&-tA-¡;SAs-and HSAs-ÌA--er-GeHe
miA-imfæ-tA'-tß8£t&-te-æti-wH=tabitat&;-WRcn determinod to be practicable.
+AÏ5-reE1UiFeffiSAt--5hall be deeffieG-saBsfiea-uf*}A--ffisuaHGe-ef--a-state
permit-i-R--£9mplianoo with the criteria establishod in Chaptor 62C 25
tAffiH§h 62C 30, F.A.C., regardless of lJ'IhetheHhe-aBtMty occurs 'NithiA
the Big Cypress V\'atershed, as definod in Rule 62C 30.001(2), F./\.C.
All applicable Collior County environmental permitting requirements
shall bo considered satisfiod by ovidence of tho issuance of all
applicablo federal and/or state oil ~md gas pormits for proposod oil and
§-as activities in Collier County, so long as the state pormits comply '.vith
tho requirements of Chapter 62C 25 tAfeu§A-62C 30, F.A.C. FOf-tHese
areas of Colker County outsieo tho boundary of the Big Cypress
Watorshod,tAe--af)f)l-iGant shall be resf3eAsible for convenin§-tAe-ßi§
Gyprecs Swamp Advisory Committoe as set-ferth in Soction 377.42,
F.S., to assure compliance with Chapter 62C 25 through 62C 30;-
~C., oven if outside tho defined Big Cypress Watershod. /\11 oih300
§as access roads shall bo constFHctod and prote6teEi from
t:Jnauthorized usos aocording to the standards establishod iA---Rulo 62
30.00ðf2)(a)(1t-through (12), F./\.C.
4. Asphaltic and concreto batch making plants shall be prohibitod in aroas
mapped as HSÄ&:
D. Stand3rds applicablo inside the J'.CSC. RLSJ\ District lands 'Nithin the
^CSC shall be subjoct to all ACSC regulatory standards, includiR§-tAose that strictly
limit non agricultural clearing.
E. Skmd3rds 3ppJic3blo outside tho I'.CSC. Except to tho extent
supercoded by G. or H. belmv, the following standards shall apply to all
de~:olopment within those areas of the RLS/\ District that are outside of tho /\CSC,
othor than agricultural operations that fall 'Nithin the scope of sections 163.3162 (4)
and 823.14 (6), F .S., and single family residential dwellings, unless or until such lands
are subjoct to transmittal or recoipt of Stewardship Credits:
1. ^ wildlife survoy, as set forth in Chapter 10, shall be requirod for all
parcels 'Nhen listed specios are known to inhabit biological
communities similar to those existing on site or 'Nhere listed spocies are
directly observod on the site.
2. /\ minimum of 10% of tho nati',e \'ogetation on the projoct site must be
retained. If listod species are directly observed on the site of tho projoct
or are indicated by evidenco, such as donning, foraging, or other
indications, first priority shall be given to preserving the habitat of such
listed species.
ð. If tho 'Nildlife survoy indioatos that listod spooies are utilizing tho site, or
tho sito is oapablo of supporting and is likely to support listed spocios, a
wildlifo habitat managemont plan shall be prepared and submittod to
the County.
a. Tho wildlife habitat managemont plan within the RLS/\ Distriot
shall inoludo tho following toohniquos to protect listed spooies
from tho nogativo impaots of de\'elepment:
i. OpeA spaÐe and vegetation preservation roquirements
shall be used to establish buffer areas bot\\'eon wildlife
habitat areas and areas dominated by human activitios.
ii. Fenoing, walla, other obstructions, or other provisions
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£>hall be u£>ed to minimize development impact£> to the
li£>ted £>pecies and to encourage wildlife to u£>e wildlife
corridors.
iii. Roadway£> cro£>£>ing£>, underpa£>£>es, and signage shall be
usod where roads mu£>t cros£> wildlife corridors.
b. The wildlife habitat management plan shall also incorporate the
following:
I. 1\ description of the technique£> used to direct
incompatible land uses away from li£>ted species and their
habitat£> and to comply with the criteria identified in 1 and
2 above, as applicable;
ii. Identification of appropriate lighting controls for permitted
uses and a con£>ideration of the opportunity to utilize
prescribed burning to maint3in fire adapted preserved
vegetation communitie£> 3nd provide brow£>e for white
t3ilod doer, consi£>tent with tho UFVVS South Florid3 Multi
Species Recover Plan, May 1999, except 3S
recommended otherv..ise by the UFVVS or FF'NCC; and
iii. If the development will be 13rger than 10 acres, a
monitoring progr3m.
c. The following references Sh311 be used, as appropri3te, to
prepare the wildlife habitat management plan:
i.
ii.
iii.
South Florid3 Multi Species Recovery Plan, USF':VS,
1999.
H3bitat Management Guidelines for the Bald Eagle in the
Southeast Region, USF'NS, 1987.
Ecology and Habitat Protection Needs of Gopher Tortoise
(Gopherus polyphemus) Populations found on Lands
Slated for Large Scale development in Florida, Technical
Report No.4, Florida Game and Fresh '/Vater Fish
Commission, 1987.
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Ecology and de~.·elopment Related Habitat Requirements
of the Florida Scrub Jay (I\pelocoma coerulescens),
Technical Report No.8, Florid3 Game and Fre£>h \1\!3ter
Fish Commission, 1991.
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Y.
Ecology and Habitat Proteotion Noods of the
Southoastorn Amorican Kostrel (Falco Sparverius Paulus)
on Large soalo d8~:eIÐpFRent Sites in Florida, Nongame
Teohnioal Report No.1 3, Florida Garno and Fresh \^J:::Jter
Fish Commission, 1 QQ3.
d. The following spÐoies spsoifio provisians shall bo inoludod ~-Athin
the wildlife habitat management J1>lan if the wildlife survey
indioates that the identifiod speoies utilizes the sito or the site is
oapable of supfJorting ami is likely to support suoh spooies:
i. Gopher tortoise. For pareels oontaining gophor tortoisos
(Gophorus polyphemus), priority shall bo givon to
protecting tho largest, most oontiguous gophor tortoiso
habitat 'lJith the groatest numbor of aotive burrmvs, and for
pr'Ûviding a connection to off site adjae8nt gopher tortoise
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II.
III.
preserves.
Florid3 scrub j3Y. Habit3t preserv3tion for the Florida
&6ftJb jay (/\ßhe-~ecom3 coerulescens) shall conform to the
§tÜEleHnes contained in TecRffiBaI Report No.8, Florida
Game-aAG-ÑesR-Water Fish Commi55ion, 1-991. A
ffiafRtenance progr3m shaU-be-established, '¡¡hich shall
spe6Îfy appFepriale fire or mecAanic31 protocols to
maintain tho natural scrub community. /\ public
awareness program to educate residents 3bout tho on
site preserve 3nd the need to m3intain the scrub
vegetation shall be developed. These requirements shall
be consistent with the UF\A/S South Florid3 Multi Species
Recovery PI3n, M3Y 199~
Bald eagle. For the b31d 8agle (Hali3eotus
t-eHcoceph3Ius), the required habit3t management pl3ns
sRall ect3blish protective zones 3round the eagle nost
rcctricting certain 3ctivitios. The plans shall also 3ddress
rostricting certain types of activities during the nest
season. These roquirements shall bo consistent with the
YFVVS South FIeFifJ.a--MWti Species Recover""µlan, May
+9-9~
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Y.
Rod cock3ded woodpocker. For the red cock~ded
woodpecker (Ipicoides borealis), the required haBitat
protection plan shall outline measures to avoid adverse
impacts to active clusters and to minimize imf*lcts to
foraging h3bitat. '.A/hero 3dverse effects cannot be
aveided, m03sures sh311 be taken to minimize on site
disturbance and compens3te or mitigate for imp~cts th3t
rem3in. These requirements Sh311 be consistent 'NitA-the-
UFVVS South Florid~ Multi Species Recovery Plan, May
1999.
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Y.
Florid~ bl3ck be~r. In are3S where the Florid3 bbck bear
(Ursus 3mericanus floridanus) m3Y be present, the
man3gement plans shall require th3t garbage be placed in
bear proof containers, 3t one or more central locations.
The m~n~gement plan sh311 31so identify methods to
inf{)rm local residents of the concerns related to
interaction bet'Neen bl3ck bears 3nd hum3ns. Mitig~tion
for impacting h~bit3t suitable for black be3r sh~1I be
considered in the management pbn.
vi.
P3nther. For projects located in Priority I or Priority II
Panther Habitat areas, the management plan shall
discourage the destruction of undisturbed, native habitats
that are preferred by the Florida panther (Felis concolor
coryi) by directing intonsive land uses to currently
disturbed areas. Preferred habitats inoludo pine flat':Joods
and hardwood hammocks. In turn, theso areas sh311 be
buffered from tho most intense land uses of tho project
by using low intensity land uses (e.g., parks, passive
rocreational areas, golf coursos).
4. On property where tho 'Nildlifo survey establish os that listed speoies are
utilizing tho sito or whore the site is oapable of supporting listod spocios
and suoh listod spooies oan be antioipatod to potentially occupy the
site, tho County shall, consistent with tho RLS/\ Overlay of tho GMP,
consider and utilizo recommondations and letters of toohnioal
assistanoe from tho Stato of Florida Fish and VVildlifo Conservation
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Commission and rocommendations from tho U.S. Fish and \Nildlife
Service in issuing development orders. It is recognized that those
agency recommendations, on a case by caso basis may chango the
roquiroments contained in herein and any such chango shall be
deomod consistent with this Code.
F. Go!f courso st::mck1rds. Except as otherwise roquired by G. or H. below,
all golf courses within tho RLSA District that are not 'Nithin an SRA shall bo subject to
tho following requirements:
1. Golf ooursol:; shall bo dosigned, oonstructod, and managod in
accordanco with Audubon Intornational's Gold Signature Program. The
project shall demonstrate that tho Principlos for Resouroo Management
requirod by tho Gold Signature Program (Sito Specific Assossment,
Habitat Sonsitivity, Native and Naturalized Plants and Natural
Landscaping, \^.tator Consorvation, VVaste Managomont. Enorgy
Conservation & Renewablo Enorgy Sources, Transportation,
Greonspaco and Corridors, Agriculture, and building Design) have
beon incorporated into the golf courso'6 design and operational
procodures. In addition to addressing those requiremont6, golf courses
shall meot tho following specific criteria:
a. In ordor to provont tho contamination of soil, surfaco '.vator and
ground water by tho matorials stored and handled by golf courso
maintenanco operations, golf coursos shall comply 'I.'ith the Bost
Managomont Practicos for Golf Courso Maintenance
Dopartments, prepared by tho Florida Department of
Environmontal Protection, May 1995.
b. To protoct ground and surfaoo wator quality from fortilizer and
posticido usago, golf course6 shall domonstrato the f.allowing
managoment practicos:
i.
Tho uso of slo\\' release nitrogen souroos;
ii.
Tho uso of soil and plant tissuo analysis to adjust timing
and amount of fertilization applications;
iii.
Tho use of an intogratod pest managemont program using
both biological and chomical agonts to control various
posts;
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Tho coordination of pestioide applioation~ with tho timing
and application of irrigation '".'ater; and
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Y.
Tho use of tho prooodure oontained in IFAS Ciroular
1011, M3nag;ng Posticides for Golf Cour-so Mainton3nco
aRd Water Quality PrOteCtiOR, May 1991 (revisod 1995) to
soleot pestioides that will have a minimum adverse impaot
on \vater quality.
2. To 9RSI::Jre 'IJater oonservation, golf OOUf&es shall inoorpor-ato tho
following in their dosign and oporation: '
a. Irrigation systems shall be designod to uso ·...'oather station
informatioR and moisture sensing systoms to dotermino the
optimum amount of irrigation water noeded Ðonsidoring soil
moisturo and ovapotranspiration ratos.
1:>. .A.S aveilaþle, golf eour-S9S shall I::Jtilize tFeated effluent reUS9
wÐtor consistent with Sanitary Sewer Sub Elemont Objective 1.4
and its polioies;
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c. N::1tive plants shall be used exclusÏ'.'ely except for special
purpose areas such as golf greens, fairNays, and building sites.
Within these excepted areas, landscaping plans shall require
that at least 75% of the trees and 50% of the shrubs be freezo
tolorant native Floridian species. At least 75% of the required
native trees and shrubs shall also be drought tolerant species.
3. Storm':.'\Jter management ponds shall be designod to mimic the
functions of natural systems: by establishing shorelines that are
sinuous in configuration in order to provide increased length and
diversity of the littoral zone. /\ Littoral shelf shall be established to
provide a feeding area for '.vater dependent avian species. The
combined length of vertical and rip rapped walls shall bo limited to 25%
of the shoreline. Credits to the site preservation area requirements, on
an acre to acre basis, shall bo givon for littoral shelves that exceed
these littoral sholf area requiremonts.
G. St::mdards applicab!o in FSAS, HS/\S, and V"IRAS that 3m outsido of
tho ACSC. Tho provisions of Chapters 3, 4, and 10 in effect as of November [ ],
1999, shall apply to FS/\s, HSAs, and 'A/RAs that outside of tho /\CSC, with the
following oxceptions:
1. Sito clearing and alteration shall bo limitod to 20% of tho property and
nonpermeable surfaces shall not exceod 50% of any such area.
2. Excopt for roads and lakes, any nonpermeablo surface greater than
one acre shall provido for release of surfaco water run off, collected or
uncollected, in a manner approximating the natural surfaco water flow
regime of the surrounding area.
3. Roads shall be designed to a 110\\' tho passago of surface \Nator flo'::s
through tho uso of equalizor pipos, intorceptor spre:Jdor systems or
performanco equi\':Jlont structures.
4. Rovogetation and landscaping of oloarod aroas shall be aooomplished
with predominantly nativo specios and planting of undesirable oxotic
spodes shall be prohibited.
H. Stand3rds 3PpliGablo to \fIotlands outs,ödo of FS/\S, HS/\S, V'IRJ\S, and
tho J\CSC. 'Netlands locatod outsido of FS/\s, HSAs, 'NRh.S, and the )\CSC shall be
presor\'od in accord 'Nith tho following oriteria:
1. Tho vogetati'¡e preservation roquiromont set forth in E.2. above shall
first bo mot through prosorvation of \\'etlanEJs ha'.'ing a funotionality
aGsossment score of 0.65 or greator. applicants shall ostablish the
wetland funotionality soore of wetlands using the South Florid:J
'Mator Managemont District's Unifiod \a¡etland Mitigation /\sGossment
Method, F.J\.C. 62 346. Upland vegetative oommunitios may bo utilizod
to meet tho vogotati\'o, spen spaee, and site preservation
requirements wRen the wetlanEi fUAetiÐRal assessmont soore of on
sito wetlands is loss than 0.66.
2. '.'letlanEie utilized I;)y listed speeies or serving as oorridor-s for the
movemont of listed speGios shall be preserved on site.
3. ~"etlanEi flsMa:ay functions through tho projeot shall DO maintainod.
-1. Gr'Ûund ,,".'ater table drawdowns or divorsions shall not advorsoly
ohango the hydroperiod of preserved wetlands on or offsito and
detontion and oontrol elovations shall be set to proteot surrounding
v:etlanEie and be consistent with surrounding land and projoot oontrol
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olovations and w3ter tablos. In order to meet these requirements,
projects shall be designed in accordanco '.vith Sections 4.2.2.4.6.11 and
6.12 of SFW~AD's Basis of Revis'...., J~mu3ry 2001.
5. /\11 diroct impacts shall be mitigatod for as required by applicable fodoral
or etate agoncies and in tho same m3nner ae sst forth in soction
4.06.04 of this Code.
6. Singlo f::1mily rosidoncos shall follow the requiroments contained within
Policy 6.2.7 of tho Conservation and Coastal Managemont Element.
7. ^ppropri3te buffering Sh311 be provided to separ3to proserved
'.-Jetlands from other ¡3nd uses. ^ minimum 50 foot vegetated upland
buffer is required adjacent to 3 natur31 water body and for other
wetlands a minimum 25 foot vogetatod upland buffer adjacent to the
wetland. A structural buffer, consisting of a stem w311, a berm, or 3
vegetative hodgo with suit3ble foncing, may bo used in conjunction with
a veget3ti'lo buffer that would roduco the vegetative buffer width by
50%. /\ structural buffer shall bo requirod adjacent to ':Jetlands 'Nhere
diroct impacts are allows. 'Netland buffers shall conform to the
following et3ndards:
3. Tho buffer shall bo moasured landward from tho 3pproved
jurisdiction31line.
b. The buffer zone shall consist of presorved native vegetation.
\lVhere nat¡"'e vegetation does not oxist, nat¡"'e 'Jegetation
comp3tiblo with tho existing soils 3nd oxpected hydrologic
conditions shall bo plantod.
c. Tho buffer shall bo m3intainod freo of Category I Exotics.
d. Tho following land uses mo considered to be compatiblo "·/ith
wetland functions and aro allowed ·....ithin tho buffer:
i.
Passive recroational areas, boardwalks and reoroational
eholtors;
ii.
Porvious natura trails;
iii.
\Nater managoment struGtures;
i"
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Mitigation areas;
,.
9.
Any other oonservation and relatod open spaGe activity or
uso \vhich is comparablo in nature '/lith the foregoing
üse&:-
8. Mitigation Requir~ments. Mitigation shall bo required for direct impaots
to '/.:otI8n"s, suoh that the wotlan" funGtlÐnal soora of tho mitigation
equals or oxooeds tho \aJotlanEl funGtional scora of tho impacted
..a,otI8nEls.
a. Priority shall bo given to mitigation within FS/\s and HSAs.
b. Loss of storage or oon':øyanoe ':()Iumø resulting from direot
impacts to wotlands shall bo oompensatod for by providing an
equal amount of stomge or oonveyanoo oapaoity on slto and
within or aEljaGont to the Impaoted \"Jetland.
o. Pr.oteGtlon shall be provided for presel"(ed or Greated wetland or
upland vegetative oommunities offorod as mitigation by plaoing a
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consorv3tion easement ovor the 13nd in perpetuity, providing for
initi31 exotic plant removal (Class I ¡nvasi'.'o oxotic plants dofined
by the Florida Exotic Plan Council) 3nd continuing oxotic pl3nt
mainten3nce, or by 3ppropriate ownorship tr3nsf-or to 3 state or
fodoral 3goncy along with sufficient funding for perpetual
m3nagomont activitios.
9. Prior to issuanco of any fin31 de"'olopment order that authorizos Gite
altoration, the applicant sh311 domonstr3to compliance with
p3r3graphG 8.3. through 8.c. above, as applicablo. If state or fodoral
agoncy pormits havo not providod mitig3tion consistent 'Nith paragraphs
8 above, tho County shall requiro mitigation oxcooding that of the
jurisdictional agoncios.
10. '.^!etland preserv3tion, buffer aro3s, 3nd mitigation 3ro3S Ghall be
idontifiod or plattod as soparato tracts. In tho C3S0 of a Pbnnod Unit
development (PUD), these are3S sh311 also bo depictod on tho PUD
Master Plan. Those areas shall bo maint3inod froo from tr3sh 3nd
dobriG 3nd from C3tOgOry I Exotics. L3nd usos 3110'IIOd in thoso 3roas
shall bo limitod to those identifiod in 7.d. abovo.
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SUBSECTION 3. CC. AMENDMENTS TO SECTION 5.04.06 Annual
Beach Events Permit
Section 5.04.06 Annual Beach Events Permit, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to read
as follows:
5.04.06 Annual Beach Events Permit
E. Sea turtle nesting season. Annual beach events which occur during sea turtle
nesting season (May 1 st through October 31 st of each year) are also subject.
to the following regulations:
1. All required Florida Department of Environmental Protection (FDEP)
field permits, shall be obtained and a copy furnished to Collier County
prior to the time of the scheduled event as set forth in section
5.04.06(C).
2. Consistent with section 10.02.06, and the Code of Laws of Collier
County, no structure set up, or beach raking or mechanical cleaning
activity for any particular beach event shall commence until after
monitoring conducted by personnel with prior experience and training in
nest surveys procedures and possessing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit has been completed. .
3. Prior to all scheduled beach events, every beach event permit holder is
required to rope off (or otherwise identify with a physical barrier) an area with no less
than a 15-foot radius out from each sea turtle nest that has been identified and
marked on a beach , unless a greater distance is required by an applicable state
permit.
4. Use of vehicles on the beach is prohibited, except as may be permitted under
the Codo of la'NG of Collior County SECTION 10.02.06 I.
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9. A copy of all notices required by any permit or these regulations must also be
provided by the permit holder to Collier County Natuml Resouroos Department the
Countv Manaaer or desianee.
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Note: When a state permit is more restrictive than the Code requirements, the State
requirements shall supersede, and the county shall enforce these requirements.
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SUBSECTION 3. DD. AMENDMENTS TO SECTION 5.02.03 Standards
[Home Occupations]
Section 5.02.03 Standards, of Ordinance 04-41, as amended, the Collier
County Land Development Code is hereby amended to read as follows:
5.02.03 Standards
The home occupation shall be clearly incidental to the use of the dwelling for
dwelling purposes. The existence of the home occupation shall not change the
character of the dwelling.
A. An allowable home occupation sRaU must be conducted by an occupant
of the dwelling.
B. There shall be no on-site or off-site advertising signs.
C. The use shall not generate more traffic than would be associated with
the allowable residential use. To that end. travelinq to and from as well
as meetinq or parkinq at the residence by either employees of the
business operated therefrom who are not residinq at the subject
address or by customers or clients of the home occupations is
prohibited.
SUBSECTION 3. EE. AMENDMENTS TO SECTION 5.03.02 Fences and
Walls
Section 5.03.02 Fences and Walls, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as follows:
5.03.02 Fences and Walls
A. All districts.
1. Whenever a property owner elects to er:e6t construct a
chain link fence, , pursuant to the provisions herein, , adjacent to
an arterial or collector road in the urban coastal area, sai9
feR6e shall not be located noarer closer than three (3) feet to the
right-of-way or property line, and said fence shall be screened
from view by planting a vogetativo hedge of living plant material
at a minimum of thirty (30) inches in height at planting and
spaced at a distance apart that will achieve an opacity rating of
eighty (80) percent siaht-obscurina screen within one (1) year of
planting. An irrigation system shall be installed to ensure the
continued viability of the 'Iogetative hedge as a visual screen of
the chain link fence. This regulation shall not apply to single-
family homes.
8. Structures sublect to section 5.05.08 Architectural & Site
Desion Standards must comply with the followina additional·
fencina standards:
I. Chain link and wood fences are prohibited forward of the
Drimary facade and must be a minimum of 100 feet from a
Page 76 of 160
Words stmek throagh are deleted, words underlined are added
public riaht-of-wav. Chain link and wood fencinQ facinQ a
public or private street must be screened with an irriQated
hedQe planted directly in front of the fence on the street
side. Plant material must be a minimum of three Qallon in
size and planted no more than three feet on center at time
of installation. This plant material must be maintained at
no less than three-Quarters of the heiQht of the adjacent
fence (See Illustration 5.03.02 A.1.a. - 1 ).
ii. Fences forward of the primary facade. excludinQ chain link
and wood are permitted under the followinQ conditions:
(a) Fences must not exceed four feet in heiQht.
(b) The fence provides either an open view at a minimum
of 25 percent of its lenQth or provides variation in its
heiQht for a minimum of 15 percent of its lenQth with a
deviation of at least 12 inches.
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(c) The fence style must complement buildina style
throuQh material. color and desiQn.
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3. Barbed wire is authorized within agricultural, commercial, industrial
districts and on fences surroundinQ raw water wells in all districts. Razor
or concertina wire is not permitted except in the case of an institution
whose purpose is to incarcerate individuals, i.e., a jailor penitentiary, or by
appeal to the BZA.
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C. Residential Zoning Districts
1. Fences or walls on lots greater than one (1) acre in area may reach a
maximum height of six (6) feet: except for raw water wells. for which the
allowable heiQht is eiQht (8) feet.
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SUBSECTION 3. FF. AMENDMENTS TO SECTION 5.05.02 Marinas
Section 5.05.02 Marinas, of Ordinance 04-41, as amended, the Collier
County Land Development Code is hereby amended to read as follows:
5.05.02 Marinas
A. The following standards are for the purpose of manatee protection and
are applicable to all multi-slip dockina facilities with ten slips or more. and all marina
facilities.
SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.05.08
Architectural and Site Design Standards
Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04-
41, as amended, the Collier County Land Development Code is hereby
amended to read as follows:
5.05.08 Architectural and Site Design Standards
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B. Applicability. The provisions of section 5.05.02 apply:
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Page 77 of 160
Words stmek thrÐ\:1gh are deleted, words underlined are added
4. Raw water wells in Collier County do not have to meet the provisions of
this Section provided that well houses surroundinq the raw water well
shall not have any wall planes exceedinq 35 feet in lenqth or have an
actual buildinQ heiQht qreater than eiqhteen (18) feet. excludinq
communications equipment. Fences and walls surroundinQ raw water
wells must be screened with plant materials as described in Section
4.06.05.8.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08.0.2 of
this Section.
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M. Building design standards.
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4. Variation in massing. A single, large, dominant building mass must be
avoided. Changes in mass must be related to entrances, the integral
structure and the organization of interior spaces and activities, and not
merely for cosmetic effect. False fronts or parapets create insubstantial
appearance and are discouraged. All facades, excluding courtyard area,
shall be designed to employ the design treatments listed below. a.
Projections and recesses.
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a. Wall plane changes.
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i. For buildings exceeding 5,000 sqU:JrÐ foot in gross building
aroa, any façado with horizontal longth excooding 50 linoar feot
must incorporate wall piano projoctions or recessos having depth
of at loast throe feet, 'Nith a single wall plane limitod to no more
than throo foet, \·..ith a £inglo 'Nail plane limited to no more than
60 porcent of oach aff.octod fuçado. BuildinQs subject to the
projections or recesses depths required by 5.05.08.C.4.a must
not have a sinqle wall plane exceedinq 60 percent of each
facade.
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c. Building design treatments. Each building facade must have at
least four of the following building design treatments:
SUBSECTION 3.HH. AMENDMENTS TO SECTION 5.05.09
Communications Towers
Section 5.05.09 Communication Towers, of Ordinance 04-41, as amended,
the Collier County Land Development Code is hereby amended to read as
follows:
5.05.09 Communication Towers
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C. Migratory Birds and other Wildlife Considerations.
1. Ground Mounted towers. Except to the extent not feasible for the
respective new ground mounted tower's intended purpose(s), each
Page 78 of 160
Words stmel( through are deleted, words underlined are added
new ground mounted tower that will exceed a height of seventy-five
(75) feet (above ground), exclusive of antennas, but will not exceed a
height of one hundred and ninety-nine (199) feet above natural grade,
exclusive of antennas, should not be guyed. If the applicant proposes
that a new ground mounted tower within this height range be guyed,
the applicant shall have the burden of proving the necessity of guying
the tower.
2. Bird Diverter Devices. Each new ground mounted guyed tower installed
on or after the effective date of this Ordinance February 20. 2004,
greater then seventy-five (75) feet in height above natural grade,
exclusive of antennas, shall have installed and maintained bird diverter
devices on each guy wire (to reduce injuries to flying birds).
3. Habitat Loss. In addition to the requirements in Chapters 4 ~ and 10,
towers and other on-site facilities shall be designed, sited, and
constructed to minimize habitat loss within the tower footprint. At such
sites, road access and fencing, to the extent feasible, shall be utilized
to minimize on-site and adjacent habitat fragmentation and/or
disturbances.
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G. Development standards for communication towers.
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23. All existina and proposed around mounted and rooftop towers and
antennas with a heiaht areater than 150 feet shall be required to
have a solid red beacon or dual mode lights unless exempted in
writina by the Collier Mosquito Control District. Such liqhts shall
meet the then existing Federal Aviation Administration (FAA)
technical standards. The total structure heiaht shall include all
appendaaes and attachments. such as antennas. liahts. liahtenina
rods. or any other accessory device that would extend the heiaht of
the tower. All existina towers shall have six months (180 days)
from fthe effective date of this Amendmentl to comply with the
requirement. If the FAA rules require lightina. then the applicant
shall comply with such rules.
24. A COpy of each application for a tower in excess of 150 feet shall
be supplied by the applicant to the Collier Mosquito Control District
or desianee.
SUBSECTION 3.11. AMENDMENTS TO SECTION 5.05.12 Specific
Standards for Raw Water Wells in Collier County
Section 5.05.12 Specific Standards for Raw Water Wells in
Collier County, of Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended to read as follows:
5.05.12 Specific Standards for Raw Water Wells In Collier County
A. Applicable desians for raw water wells selected from the Collier County Utility
Standards Manual shall be submitted for appropriate County staff review of the
followina reauirements.
B. Setback Reaulrements.
1. Well houses enclosina raw water wells which are areater than four
hundred (400) square feet in size must meet the followina minimum setbacks:
Page 79 of 160
Words Bøuek thfoügh are deleted, words underlined are added
Adjacent to Riaht-of-Wav - 25 feet
Side yard from adioininq property - no less than the underlvinq
zoninq district's requirements for side yard setback
Rear yard from adioininq property - 25 feet
For well houses within easements - 6 feet or the above setbacks
where an easement line is coincidental with the property line.
Appurtenant equipment. includinq, but not limited to antennas, piq
launchers. fuel tanks. and transformers, not enclosed bv a fence or wall,
shall not be considered separate structures and shall be setback six (6)
feet from a property or easement line.
2. Well houses enclosinq raw water wells which are equal to or less than
four hundred (400) square feet must meet the followinq minimum
setbacks:
Adiacent to Riaht-of-Wav - 15 feet
Side yard from adioininq property - no less than the underlving
zoninq district's requirements for side yard setback
Rear yard from adioininq property - 10 feet
For well houses within easements - 6 feet or the above setbacks where an
easement line is coincidental with the property line.
Appurtenant equipment. includinq. but not limited to antennas, piq
launchers. fuel tanks. and transformers, not enclosed bv a fence or
wall, shall not be considered separate structures and shall be setback
six (6) feet from a property or easement line.
3. Fences and walls enclosinq raw water wells and appurtenant
equipment includinq, but not limited to well vaults and enclosures,
meters, control panels. qenerators. antennas, piq launchers and
transformers must meet the followinq setbacks:
Adiacent to Riaht-of-Wav or easement line- 5 feet
Side yard or easement line - 5 feet. Appurtenant equipment. other
than antennas, that exceeds the heiqht of the fence or wall. shall be
setback no less than the underlvinq zoninq district's requirements for
side yard setback
Rear yard or easement line - 5 feet
Raw water well easements contained within a larqer public easement
- 2 feet
Fence or wall heights may be between six (6) feet and eight (8) feet in
heiqht.
Appurtenant equipment shall not be considered as separate structures.
C. Raw water well site access:
1. Direct access from Dublic ways shall be limited to one access Doint
location and must otherwise com Diy with the requirements of LDC
Section 4.04.02.
2. Access from an easement must Drovide leaal access to a Dublic or
aDDroved Drivate way. Access from an existina DubUc way to an
easement must otherwise comDly with the requirements of LDC
Section 4.04.02.
D. Prior to County aDDroval of a raw water well site under this Code. the
aDDllcant shall obtein a consumDtive use Dermit from South Florida Water
Page 80 of 160
Words stmek thf01:lga are deleted, words underlined are added
Manaaement District (SFWMD) and meet the requirements of any state or
federal aaency havina jurisdiction over well development or sitina.
E. Stormwater manaaement and environmental resource permits for raw water
well sites shall be aoverned by the requirements of SFWMD and or Florida
Department of Environmental Protection (DEP), and if approval is aranted for
the well(s) by SFWMD or DEP under those requirements, the project may be
considered for a waiver from the requirements of Section 10.02.02 A.
F. Landscapina and buffering shall conform to the requirements of Section
4.06.05 8.6.
G. Site plannina review and approval for raw water wells must follow the
requirements of an insubstantial chanae to a Site Development Plan or Site
Improvement Plan review process providing water from such wells is
conveyed throuah physically connected infrastructure to a public or Quasi-
public treatment facility. The system of physically inter-connected
infrastructure and wells may be considered to be collectively located "on-site".
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SUBSECTION 3.JJ. AMENDMENTS TO SECTION 5.06.00 Signs
Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier
County Land Development Code is hereby amended to read as follows:
5.06.01 Generally
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B. Signage Table
The following table is intended to provide a graphic representation of
the various permitted residential and commercial signs, but may not
encompass all of the requirements for those signs. For the specific
regulations, please see the appropriate subsections throughout this
section of the code.
Page 81 of 160
Words struek through are deleted, words underlined are added
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SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.06.07
Enforcement
Section 5.06.07 Enforcement, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as
follows:
5.06.07 Enforcement
A. General. No sian shall hereafter be erected. placed. altered or
moved unless in conformity with this Code. All sians located within
Collier County shall complv with the followinq requirements:
1. The issuance of a sian permit pursuant to the requirements of
this Code shall not permit the construction or maintenance of a
sh:m or structure in violation of an existinq county, state or
federal law or reaulation.
2. All si~ms for which a permit is required shall be subject to
inspections bv the County Manaqer or his desiqnee. The
County Manaqer or his desiqnee is hereby authorized to enter
upon any property or premises to ascertain whether the
provisions of this Code are beinq adhered to. Such entrance
shall be made durinq business hours. unless an emerqenCV
exists. The County Manaqer or his desiqnee may order the
removal of any sian that is not in compliance with the
provisions of this Code. is improperlv maintained. or which
would constitute a hazard to the public health, safety. and
welfare.
3. The County Manaqer or his desiqnee shall be charqed with
interpretation and enforcement of this Code.
B. Enforcement procedures. Whenever. bv the ProvIsions of this
Code. the performance of an act is required or the performance of
an act is prohibited. a failure to complv with such provisions shall
constitute a violation of this Code.
1. The owner. tenant. and/or occupant of any land or structure. or
part thereof. and an architect. builder. contractor aqent. or other
person who knowinqly participates in. assists. directs. creates
or maintains any situation that is contrary to the requirements of
this Code may be held responsible for the violation and be
subject to the penalties and remedies provided herein.
2. Where any sian or part thereof violates this Code. the County
Manager or his designee may institute any appropriate action or
proceedinqs to prevent. restrain. correct. or abate a violation ·of
this Code. as provided by law. includina prosecution before the
Collier County Code Enforcement Board aaainst the owner.
aaent. lessee. or other persons maintainina the sian. or owner.
or lessee of the land where the sian is located.
3. If a si9n is in such condition as to be in danaer of fallina. or is a
menace to the safety of persons or property. or found to be an
immediate and serious danaer to the public because of its
unsafe condition. the provisions of section 2301.6 of the
Standard Buildina Code. as adopted bv Collier County shall
aovern .
4. Code enforcement shall immedlatelv remove all a.ana in
violation of this Section that are located in or upon public riqhts-
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of-way or public property.
5, Penalties. If any person, firm or corporation, whether public or
private, or other entity fails or refuses to obey or comply with or
violates any of the provisions of this Code, such person, firm,
corporation. or other entity, upon conviction of such offense,
shall be quilty of a misdemeanor and shall be punished by a
fine not to exceed $500,00 or by imprisonment not to exceed 60
days in the county jail, 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.
a. Nothinq herein contained shall prevent or restrict the county
from takinq such other lawful action in any court of
competent jurisdiction as is necessary to prevent or remedy
any violation or noncompliance. Such other lawful actions
shall include, but shall not be limited to, an equitable action
for injunctive relief or an action at law for damaqes.
b. Further, nothinq in this section shall be construed to prohibit the county from
prosecutinq any violation of this Code by means of a code enforcement board
established pursuant to the subsidiary of F.S, Chapter 162.
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SUBSECTION 3. LL. AMENDMENTS TO SECTION 6.01.02 Easements
Section 6.01.02 Easements, of Ordinance 04-41, as amended, the Collier
County Land Development Code is hereby amended to read as follows:
6.01.02 Easements
If applicable, easements shall be provided along lot lines or along the
alignment of the improvements requiring easements in accordance with all design
requirements so as to provide for proper access to, and construction and
maintenance of, the improvements. All such easements shall be properly identified
on the preliminary subdivision plat and dedicated on the final subdivision plat.
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C. Protected/preserve area and easements.
A nonoxclusivo easement or tract in favor of the County, without any
maintenance obligation, shall be provided for all "protected/presorve"
areas requirod to be designatod on the proliminary and final
subdi',ision plats. Any buildablo lot or parcel subject to or abutting a
protectod/proservo area requirod to bo dosignatod on tho proliminary
and final subdivision plats shall hO'.'o a minimum twonty five (25) foot
setback from the boundary of such protected/preserve area in whioh
no principlo struoture may bo constructod. Further, the preliminary
and final subdivision pl:Jts shall requiro that no alteration, including
acoessory struotures, fill placement, gr:Jding, plant alteration or
removal, or similar activity shall bo pormittod 'Nithin suoh setback are:J
without tho prior written consont of tho County Manager or dosignoo;
pro'Jidad, in no o',(ont shall thosa activities be pormittod in suoh
setbaok area '/Jithin ton (10) foot of the protootod/preserve :Jro:J
boundary, unless tho abo'Ja setbacks are acoomplished through
bu&ring pursu:Jnt to section <1.06.00.
For Drovisions related to Drotected/Dreserve area and easements. see
section 10.02.04 B.1. of this code.
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SUBSECTION 3. MM. AMENDMENTS TO SECTION 6.06.01 Street
System Requirements
Section 6.06.01 Street System Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
6.06.01 Street System Requirements
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O. The minimum right-at-way widths to be utilized shall be as follows and,
where applicable, shall be classified by the cross-sections contained in
Appendix B, and will be directly related to traffic volume as indicated in the
definition of each street continuod contained herein and, where applicable,
clarified by the cross-sections contained in Appendix B. ~Private street
right-at-way widths and design may be determined on a case-by-case basis
in accordance with Chapter 10. In the event that the applicant does not
applv for a preliminary subdivision plat. the applicants engineer may request
that the County Manaaer or his designee approve an alternate private riaht-
ot-wav cross-section. The request shall be in writina and accompanied with
documentation and justification for the alternate section based on sound
enaineering principals and practices.
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SUBSECTION 3. NN. AMENDMENTS TO SECTION 8.06.01
Establishment
Section 8.06.01 Establishment, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as
follows:
8.06.01 Establishment
There is hereby established an Environmental Advisory Council ("ECA") ("EAC")
which. The EAC obtains its jurisdiction, powers, and limits of authority from the
BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in
matters dealing with the regulation, control, management, use, or exploitation of any
or all natural resources of or within the County, and the review and evaluation of
specific zoning and development petitions and their impact on those resources.
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SUBSECTION 3. 00. AMENDMENTS TO SECTION 8.06.03 Powers
and Duties
Section 8.06.03 Powers and Duties, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as
follows:
8.06.03 Powers and Duties
The powers and duties of the EAC are as follows:
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O. The EAC shall review all land develoDment petitions which require the
followina: an environmentallmDact statement lEIS) per section 10.02.02 of
the LDC: all develoDments of reaional impact lOR ): lands with special
treatment lST) or area of critical state concern/special treatment lACSC/ST)
zonina overlavs: or anv petition for which environmental issues cannot be
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resolved between the applicant and staff and which is requested by either
party to be heard by the EAC. The EAC shall also review any petition which
requires approval of the Collier County Planninq Commission (CCPC) or the
board of county commissioners (BCC) where staff receives a request from
the chairman of the EAC, CCPC or the BCC for that petition to be reviewed
by the EAC,
1. Any petitioner may request a waiver to the EAC hearinq
requirement, when the followinq considerations are met: 1) no
protected species or wetland impacts are identified on the site; 2)
an EIS waiver has been administratively granted; 3) ST zoninq is
present and an administrative approval has been qranted; or 4) an
EIS was previously completed and reviewed by staff and heard by
a predecessor environmental board, and that EIS is less than five
years old (or if older than five years, has been updated within six
months of submittal) and the master plan for the site does not
show qreater impacts to the previously desiqnated preservation
areas,
2. The surface water management aspects of any petition. that is or
will be reviewed and permitted by South Florida Water
Manaqement District (SFWMD), are exempt from review by the
EAC.
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SUBSECTION 3. PP. AMENDMENTS TO SECTION 8.09.02
Jurisdiction, Authority and Duties
SECTION 8.09.02 Jurisdiction, Authority and Duties, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to read
as follows:
SECTION 8.09.02 Jurisdiction, Authority and Duties
In addition to the jurisdiction, authority and duties which may be conferred upon the
community development and environmental services administrator by other
provisions of the county Code of Collier County or the county manager, the
community development and environmental services administrator shall have the
following jurisdiction, authority and duties:
A. To provide the board of county commiSSioners, the Development
Services Advisory Committee, planning commission, the board of
zoning appeals, the building board of adjustments and appeals, the
code enforcement board, and the contractors' licensing board, with
reports and recommendations with respect to matters before such
bodies as directed by the board of county commissioners or the
county manager.
B. To administer and manage the Planning Services, Pollution Control,
Natural Resourcos Environmental Services, Building Review and
Permitting, Code Enforcement and housing and urban improvement
departments, and oversee the preparation of the budget for each.
C. For the purposes of this code the phrases Development Services
Director, Growth Management Director, Code Compliance Director,
Growth Planning Director and Planning Services Director, shall mean
the Community Development and Environmental Services
Administrator, or his designee.
9.04.00 VARIANCES
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SUBSECTION 3. QQ. AMENDMENTS TO SECTION 9.04.00
Variances
Section 9.04.00 Variances, of Ordinance 04-41 as amended, the Collier
County Land Development Code is hereby amended to read as follows:
9.04.00 VARIANCES
9.04.01 Generally
A. Purpose. In specific cases, variance from the terms of the LDC may
be granted where said variance will not be contrary to the public interest, safety, or
welfare and where owing to special conditions peculiar to the property, a diminution
of a regulation is found to have no measurable impact on the public interest, safety
or welfare; or a literal enforcement of the LDC would result in unnecessary and
undue hardship, or practical difficulty to the owner of the property and would
otherwise deny the property owner a level of utilization of his/her property that is
consistent with the development pattern in the neighborhood and clearly has no
adverse effect on the community at large or neighboring property owners.
B. Historic Places. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this section.
C. For specific procedures associated with Variances. please see section
10.09.00 of the LOC.
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9.04.02 Types of Variances Authorized
A variance is authorized for any dimensional development standard,
including the following: height, area, and size of structure; height of fence; size of
yards and open spaces; dimensional aspects of landscaping and buffering
requirements; size, height, maximum number of, and minimum setback for signs;
and minimum requirements for off-street parking facilities.
A. Variances for signs. The board of zoning appeals based upon the
evidence given in public hearing; and the findings of the planning
commission should determine to the maximum extent possible .if the
granting of the variance will diminish or otherwise have a detrimental
effect on the public interest, safety or welfare. A variance from the
terms of this zoning code may be granted based on the requirements
of this section 9.04.00 or where it can be demonstrated that a sign
has significant historic or community significance, and pursuant to the
criteria and procedures set forth in this section 9.04.00. In granting any
variance, the board of zoning appeals may prescribe the following:
1. Appropriate conditions and safeguards in conformity with this
Code or other applicable county ordinances. Violation of such
conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a
violation of this Code.
2. A reasonable time limit within which the action for which the
variance required shall be begun or completed or both.
9.04.03 Criteria for Variances
Findinas. Before anv variance shall be recommended for aDDroval to the board of
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zoninq appeals, the planninq commission shall consider and be guided by the
followinq standards in makinq a determination:
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9.04.06 Specific Requirements for Variance to the Coastal Construction
Setback Line
F. Cortain activities that may temporarily altcr ground elevations such as
artificial beaG-h nourishment projects, excavation oF--ma+menance dredging of inlet
channels may be permitted seaward of the coastal construction sctbaGk--Une if said
activity is in compliance with the Collier County GMP and receives Þ-eåefal-aRd
State agoncy approvals. Until such timo as the foe schedule can be amended, tAB
fee shall be $400.00 for these bC3GR---Reurishment permtts
G. Procedures for obtaining variance.
1 . A written petition requesting a variance from the established setback
line shall be filed with the beard of county commissioners BCC or
their designee. The petition shall set forth:
a. A description of petitioner's property to include the information
requested on a current Collier County request for a coastal
construction setback line variance form;
b. A description of the established setback line and the line which
petitioner wishes to be varied;
c. The justification upon which the petitioner relies for the granting
of the variance, to include compliance with the Collier County
growth management plan, conservation and coastal
management element.
2. Notice and public hearing for coastal construction setback line
variances. An application for coastal construction setback line
(CCSL) variance shall be considered by the board of county
commissioners BCC pursuant to the following public notice and
hearing requirements.
a. The applicant shall post a sign at least 45 days prior to the
date of the public hearing by the board of county
commissioners BCC. The sign shall contain substantially the
following language and the sign copy shall utilize the total area
of the sign:
PUBLIC HEARING REQUESTING
CCSL VARIANCE APPROVAL (both to contain the following
information:)
TO PERMIT: (Sufficiently clear to describe the type of variance
requested).
DATE:
TIME:
TO BE HELD IN BOARD OF COUNTY COMMISSIONERS
MEETING ROOM, COLLIER COUNTY GOVERNMENT
CENTER.
b. The area of a property sign shall be as follows:
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i. For a property less than one acre in size, the sign shall
measure at least one and one-half square feet in area.
ii. For a property one acre or more in size, the sign shall
measure at least 32 square feet in area.
c. In the case of a sign located on a property less than one acre
in size, such sign shall be erected by the County Manager or
his designee in full view of the public on each street side of the
subject property and on the side of the property visible from the
beach. Where the property for which approval is sought is
landlocked or for some other reason a sign cannot be posted
directly on the subject property, then the sign shall be erected
along the nearest street right-of-way, with an attached
notation indicating generally the distance and direction to the
subject property.
d. In the case of sign(s) located on a property one acre or more in
size, the applicant shall be responsible for erecting the
required sign(s). The sign(s) shall be erected in full view of the
public on each street upon which the subject property has
frontage and on the side of the property visible from the
beach. Where the subject property is landlocked, or for some
other reason the sign(s) cannot be posted directly on the
property, then the sign(s) shall be erected along the nearest
street right-of-way, with an attached notation indicating
generally the distance and direction to the subject property.
There shall be at least one sign on each external boundary
which fronts upon a street, however, in the case of external
boundaries along a street with greater frontages than 1,320
linear feet, signs shall be placed equidistant from one another
with a maximum spacing of 1,000 linear feet, except that in no
case shall the number of signs along an exterior boundary
fronting on a street exceed four signs. The applicant shall
provide evidence to the planning sOn/icos dopartment County
Manaqer or desiqnee that the sign(s) were erected by
furnishing photographs of the sign(s) showing the date of their
erection at least ten days prior to the scheduled public hearing
by the board of county commissionors BCC. The sign(s) shall
remain in place until the date of either of the following
occurrences: 1. Final action is taken by the board of county
commissioners BCC or 2. The receipt of a written request .by
the planning sorvicos departmont dirootor County Manaqer or
desiqnee from the applicant to either withdraw or continue the
petition indefinitely.
e. Notice of the time and place of the public hearing by the board
of county commissioners BCC shall be advertised in a
newspaper of general circulation in the county at least one time
and at least 15 days prior to the public hearing. Where
applicable, the notice shall clearly describe the proposed
variance. The advertisement shall also include a location map
that identifies the approximate geographic location of the
subject property.
f. The board of oounty oommissionors BCC shall hold one
advertised public hearing on the proposed variance and may,
upon the conclusion of the hearing, immediately adopt the
resolution approving the variance
3. The ÐÐar~ of Gount}' oommi68ioner~ BCC shall notify petitioner in
writing of its decision within 15 days of the public hearing.
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4. Any person aggrieved by a decision of the board of county
6emmissioA8f5 BCC granting or denying a variance may apply to the
circuit court of the circuit in which the property is located for judicial
relief wilhin 30 days after rendition of the decision by the eearo-ef
6eufHy--BÐrHHlÍ5steAefS BCC. Review in the circuit court shall be by
petition for a writ of certiorari and shall be governed by the Florida
Appellate Rules,
H. Exemptions, Exemptions shall be reviewed administratively for
compliance with applicable county codes, and shall not be heard by the beaÆt-ef
6eHflty commÍ5sHmef5 BCC. Exemptions to this section 9.04.06 shall include:
1. The removal of any plant defined as exotic vegetation by county
code,
2. Any modification, maintenance, or repair, to any existing structure
within limits of the existing foundation or footprint, which does not
require, involve, or include any additions to, or repair or modifications
of, the existing foundation of that structure, except those
modifications required by code, excluding additions or enclosure
added, constructed, or installed below tile first dwelling floor or lowest
deck of the existing structure.
3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not
require a building permit, 3) weigh less than 100 pounds, and 4) upon
review by the County Manager or his designee or his dest§nces, is
eet8fffitAeå-te does not present an actual or potential threat to the
beach and the dune system and adjacent properties are exempt from
the variance requirements of this EHvtBffiR section. This exemption shall
not be effective during sea turtle nesting season (May 1--0ctober 31)
unless the structures are removed daily from the beach prior to 9:30
p.m. and are not moved onto, or placed on, the beach before
completion of monitoring conducted by personnel with prior
experience and training in nest surveys procedures and possessing a
valid Fish and Wildlife Conservation Commission Marine Turtle Permit
(daily sea turtle monitoring), or unless the beach furniture is being
actively used or attended during the period of time from 9:30 pm until
the next day's monitoring. Exemptions allowed under this provision are
not intended to authorize any violation of F .S. § 370.12, or any of the
provisions of the Endangered Species Act of 1973, as it may be
amended.
SUBSECTION 3. RR. AMENDMENTS TO SECTION 10.01.02
Development Orders Required
Section 10.01.02 Development Orders Required, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
10.01.02. Development Orders Required
A. Development Order Reaulred. No on-site or off-site development or
development related activities. includina site DreDaration or infrastructure
construction. will be allowed Drior to aDDroval of the otherwise required
develoDment order or develoDment Dermit includina. but not limited to: SDP.
SIP. Construction Drawinas. or SCp, exceDt where early work authorization
has been aDDroved.
Page 91 of 160
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in accordance with the VRSFP, will commence at the time the EWA is
issued, and will be a part of that 18 month time frame as set forth in
Section 4.06.04 A 1.a.vii.d.
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SUBSECTION 3. TT. AMENDMENTS TO SECTION 10.02.02
Submittal Requirements for All Applications
Section 10.02.02 Submittal Requirements for All Applications, of
Ordinance 04-41, as amended, the Collier County Land Development Code
is hereby amended to read as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements
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4. Information required for application.
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d. Native vegetation preservation.
i. Identify the acreage and community type of all upland
and wetland habitats found on the project site, according
to the Florida Land Use Cover and Forms Classification
System (FLUCFCS). Provide a description of each of the
FLUCFCS categories identified on-site by vegetation
type (species), vegetation composition (canopy, midstory
and ground cover) and vegetation dominance (dominant,
common and occasional).
ii. Explain how the project meets or exceeds the native
vegetation preservation requirement in Goal 6 of the
Conservation and Coastal Management Element of the
Growth Management Plan, and Chapters 4 ~ and 10 of
the Land Development Code. Provide an exhibit
illustrating such. Include calculations identifying the
acreage for preservation and impact, per FLUCFCS
category.
iii. For sites already cleared and in agricultural use,
provide documentation that the parcel(s) are in
compliance with the 25 year rezone limitation in Policy
6.1.5 of the Conservation and Coastal Management
Element of the Growth Management Plan and Chapters
4 ª and 10 of the Land Development Code. For sites
cleared prior to January 2003, provide documentation
that the parcel(s) are in compliance with the 10 year
rezone limitation previously identified in the Growth
Management Plan and Land Development Code.
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g. Listed species.
I. Provide a plant and animal species survey to include at a
minimum, listed species known to inhabit biological
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B. Early Work Authorization (EWA).
1. An EW A permit may be approved by the County Manager, or designee,
for one or more of the followinq activities:
a. Veqetation removal (site clearinq),
b. Excavations,
c. Site fillinq,
d. Construction of stormwater
retention/detention areas,
systems; and,
e. Off-site infrastructure.
manaqement facilities limited to ponds,
interconnection culverts, and swale
f. Construction of a perimeter landscape buffer, berm, wall, or fence,
2. The County may issue an EW A permit for the allowed activities, subject to
demonstrated compliance with the followinq criteria, as applicable:
a. The proposed veqetation removal complies with Section 3,05.05,0.;
b. County riqht-of-wav permit has been approved.
c. A determination of native veqetation to be retained for landscapinq
which would comply with Section 4.06.00.
d. An excavation permit has been approved.
e. A Soil and Erosion Control Plan demonstratinq compliance with the
provisions of Section 10.02.02. C.
f. Copies of all approved Aqency permits beinq submitted, including, but
not limited to: SFWMD, ACOE, USFWS, and FFWCC.
q. Determination of leqal sufficiency of the EWA permit by the County
Attorney's Office.
h. Postinq of a Reveqetation Bond of not less than $2.000 nor more than
.$5.000 per acre dependent on the character of veqetation beinq
removed.
I. Assurance that all underlyina zonina aPDrovals are in Dlace (e.a. PUD.
C.U.. etc.)
I. This aDDroval is good for 60 days with the Dossibility of 2 ea. 30 day
extensions deDendent on the reason for the inability to aain DroDer
approvals. After that time. cleared areas must be araded off and
hydro-seeded.
k. The develooer must clearlv state his understandina that all such
Dreliminarv construction activities are at his own risk.
I. Provide assurance that the schedule of development activities created
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communities similar to those existing on-site, and
conducted in accordance with the guidelines of the
Florida Fish and Wildlife Conservation Commission and
the U.S. Fish and Wildlife Service. State actual survey
times and dates, and provide a map showing the
location(s) of species of special status identified on-site.
ii. Identify all listed species that are known to inhabit
biological communities similar to those existing on the
site or that have been directly observed on the site.
iii. Indicate how the project design minimizes impacts to
species of special status. Describe the measures that
are proposed as mitiqation for impacts to listed species.
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7. Exemptions.
a. The EIS exemption shall not applv to any parcel with a ST or
ACSC-ST overlay, unless otherwise exempted by section
4.02.14 H. of this Code.
a: b. Single-family or duplex uses. Also. §Single-family or duplex
use on a single lot or parcel. Exomption &hall not apply to any
parcol with a ST or /\CSC 5T overlay, unlo&& otherv/i&o
oxomptod by soction 2.03.07 D. of this Code.
Ir. £: Agricultural uses. Agricultural uses that fall within the scope
of sections 163.3214(4) or 823.14(6), Florida Statutes, provided
that the subject property will not be converted to a
nonagricultural use or considered for any type of rezoning
petition for a period of twenty-five years after the agricultural
uses commence and provided that the subject property does
not fall within an ACSC or ST zoning overlay.
&: d. Non-sensitive areas. Any area or parcel of land which is not, in
the opinion of the County Manager or his designee, an area of
environmental sensitivity, subject to the criteria set forth
below, provided that the subject property does not fall within an
ACSC or ST zoning overlay:
i. The subject property has already been altered through
past usage, prior to the adoption of this Code, in such a
manner that the proposed use will not further degrade
the environmental quality of the site or the surrounding
areas which might be affected by the proposed use.
ii. The major flora and fauna features have been altered or
removed to such an extent as to preclude their
reasonable regeneration or useful ecological purpose.
An example would be in the case of an industrial park or
a commercial development where most of the flora and
fauna were removed prior to the passage of this Code.
iii. The surface and/or natural drainage or recharge capacity
of the project site has been paved or channeled, or
otherwise altered or improved prior to the adoption of
this Code, and will not be further degraded as a result of
the proposed use or development.
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iv. The use and/or development of the subject property will
definitely improve and correct ecological deficiencies
which resulted from use and/or development which took
place prior to the passage of this Code. An example
would be where the developer proposes to reforest the
area, provide additional open space, replace natural
drainage for channeled drainage, and/or reduce density.
v. The use or development will utilize existing buildings
and structures and will not require any major alteration
or modification of the existing land forms, drainage, or
flora and fauna elements of the property.
do e. All lands lying within all incorporated municipalities in Collier
County.
eo 1:. All NBMO Receiving Lands.
g. Single-family lots in accordance with section 3.04.01 C.1.
9. Appeals.
a. Any person aggrieved by the decision of the County Manager
or his designee regarding EIS procedures or submittals (i.e. -
this section of the Code) any sectien of this Code may file a
written request for appeal, not later than ten days after said
decision, with the EAC ~ntal 3dvisory b03FG or their
successor organization.
b. The EAC onvironmontal advisory b03rd will notify the aggrieved
person and the County Manager or his designee of the date,
time and place that such appeal shall be heard; such
notification will be given 21 days prior to the hearing unless all
parties waive this requirement.
c. The appeal will be heard by the EAC environmental advisory
board within 60 days of the submission of the appeal.
d. Ten days prior to the hearing the aggrieved person shall submit
to the EAC environmental advisory board and to the County
Manager or his designee copies of the data and information he
intends to use in his appeal.
e. Upon conclusion of the hearing the EAC environmental
advisory board will submit to the Bee board of county
commissioners their facts, findings and recommendations.
f. The BCC board of county commissioners, in regular session,
will make the final decision to affirm, overrule or modify the
decision of the County Manager or his designee in light of the
recommendations of the EAC environmental advisory board.
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B. Subdivision exemptions.
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12. Lot SoUts. The further split or division of a lot. Darcel. or any lot
of record into two proposed parcels must be reviewed and
aQProved by the County prior to any subsequent develoDment
orders or develoDment Dermits beina issued or approved.
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Applicants for such lot splits are required to submit a survey of the
property to be split depictinq all existinq lot dimensions. all
proposed "new" lot lines. all easements of record on the subject
property. and the present zoninq and land use classification of the
subject property. as well as all pertinent yard or setback
requlations and proposed access to all resultinq parcels.
Appropriate access to the resultinq parcels from the public road
network must be demonstrated. and where necessary. may require
appropriate easements for joint or cross access to be recorded
before an approved lot split becomes effective. Only lot split
requests meeting the applicable land development requlations.
specifically includinq the minimum lot area and lot dimensions for
the existinQ zoninq district. may be approved. but do not become
effective until evidence of the County approved lot split is also
provided to the Property Appraiser or Clerk of Courts for their
consideration and record-keepinq. as may be applicable.
SUBSECTION 3. UU. AMENDMENTS TO SECTION 10.02.03
Submittal Requirements for Site Development
Plans
Section 10.02.03 Submittal Requirements for Site Development Plans, of
Ordinance 04-41, as amended, the Collier County Land Development Code
is hereby amended to read as follows:
10.02.03 Submittal Requirements for Site Development Plans
A. Generally.
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3. Exemptions. Due to its location or minimal impact on surrounding
properties and probable minimal impacts under the site development
plan review standard contained in section 10.02.03 A.4., standard
application requirements as described in section 10.02.03 A., may be
waived in part or in full by the County Manager or his designee for
agriculturally related development as identified in the permitted and
accessory uses section of the rural agricultural zoning district;
however, a site improvement plan as required by section 10.02.03 B.
addressing the application requirements deemed necessary by the
County Manager or his designee shall be submitted to the planning
department for review and approval.
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b. The expedited site plan for school board review, as
referenced in section 10.02.03 A.3.a. of the Land Development
Code, will consist of the following areas of review:
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iv. Environmental regulations for compliance with the Collier
County GMP Conservation and Coastal Management
Element in effect at the time a SBR Letter of Compliance
is requested shall apply as follows:
(a) On a site by site basis, County Staff will determine
the necessity for an environmental impact
statement ("EIS") to be submitted.
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(b) The final SFWMO Environmental Resource
Permit and all other agency permits for wetlands
must be submitted prior to a determination that
the SBR application is sufficient for review.
(c) Submission of Protected Species Surveys and, if
needed, wildlife management plans in accordance
with the code and the GMP in effect at the time of
the issuance of the SBR Letter of Compliance
along with United States Fish and Wildlife Service
("USFWS") and the Florida Fish and Wildlife
Conservation Commission ("FFWCC") agency
permits.
(d) A site clearing plan must be submitted that shows
the native vegetation areas to be preserved and
identifies the upland/wetlands preserve or
protected species preserves.
(e) The GMP and LOC section 3.05.07 requires
schools to provide a set percentage for native
vegetation preservation in the Rural Fringe and
the Rural Lands. The School Board must comply
with the set percentages of native vegetation
preservation.
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B. Final Site development plan procedure and requirements
A pre-application meeting shall be conducted by the County Manager or his
designee, or his/her designee, prior to the submission of any site development or
site improvement plan for review. This meeting may be waived by the County
Manager or his designee upon the request of the applicant
1. Site development plan submittal packet: The site development
submittal packet shall include the following, if applicable:
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d. Vegetation inventory: A generalized vegetation inventory of the
property shall be required to the extent necessary, as
determined at the pre-application meeting, indicating the
approximate location, densities and species of the following:
i. Upland, wetland and estuarine vegetation including
prohibited exotic vegetation, mapped using FLUCCS
FLUCFCS terminology.
ii. Any type of vegetation identified for preservation.
iii. Projects containing the following shall provide a survey
of identifying species and locations on a current aerial
photograph at a scale of one inch equals 200 feet or
larger or superimposed on the site plan:
(a) Plants specified to remain in place or to be
transplanted to other locations on the property as
specified in the applicable development order.
(b) Specimen trees designated by the board of
county oommissionors BCC, pursuant to section
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10.02.06 D.1.f.iii.(b) 3.05.09.
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2. Site improvement plan review.
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d. Raw water wells in Collier County will be permitted as
insubstantial chanQes to the Site Development Plan or Site
Improvement Plan approved for the water treatment plant or
facility to which the raw water weiHs) are ancillary, provided
that the requirements of Section 5.05.12 are met. More than
one well may be permitted with one application provided that all
wells are within the same well field. The insubstantial chanQe
submittal shall include a siQned and sealed boundary survey of
the property or lease parcel; a COpy of recorded deed or lease
aQreement; a recent aerial photoQraph of the project area: a
master plan showinQ all well fields ancillary to the main water
treatment plant or facility, includinQ the proposed wells; and a
site-plan prepared on a 24-inch by 36-inch sheet drawn to scale
and settinQ forth the followinQ information:
I. The project title, utility owner, address and telephone
number.
ii. LeQal description, scale, and north arrow.
iii. ZoninQ designation of the subject site(s) and adiacent
sites and the proposed use of the subject site.
iv. Location, confiquration and dimensions of all buildin~
and lot improvements.
v. Location and dimension of access point(s) to the site.
vi. Location of existinQ and proposed landscapinQ with
specifications as to size, quantity and type of veQetation.
vii. All required and provided setbacks and separations
between structures in matrix form.
Vlll. Any additional relevant information as may be required by the
County Manager or his designee.
ø.e. Site improvement plan submittal and review. A site
improvement plan (SIP) shall be prepared on a 24-inch by 36-
inch sheet drawn to scale and setting forth the following
information:
i. The project title, property owner, address and telephone
number.
II. Legal description, scale, and north arrow.
iii. Zoning designation of the subject site and adjacent sites
and the proposed use of the subject site.
Iv. Location, configuration and dimensions of all building
and lot improvements.
v. Location and configuration of parking and loading areas,
and the directional movement of internal vehicle traffic.
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vi. Location and dimension of access point(s) to the site.
vii. Parking summary in matrix form, indicating the required
and provided parking for each existing and proposed
use,
viii. Location and configuration of handicapped parking
facilities and building accessibility features.
ix. Location, dimension and configuration of existing water
management facilities.
x. Location of trash enclosures.
xi. Location of existing and proposed landscaping with
specifications as to size, quantity and type of vegetation.
xii. All required and provided setbacks and separations
between structures in matrix form.
xiii. Any additional relevant information as may be required
by the County Manager or his designee,
eo t Site improvement plan completion. Upon completion of the
required improvements associated with a site improvement
plan, and prior to the issuance of a certificate of occupancy, the
engineer shall provide a completion certificate as to the
improvements, together with all applicable items referenced in
section 10.02.05 C.3. of this Code. Upon a satisfactory
inspection of the improvements, a certificate of occupancy may
then be issued.
f. 9.:. Performance securities for site development plans. In the
case of multi-family the developments with individually owned
units which are served by subdivision type improvements, i.e.
driveways which function as access roads and drainage
improvements, the developer shall be required to post a
performance security in a form as outlined in section 10.02.04
8.3.e. of this Code. Calculations for the amount of the security
shall be determined as outlined in this Chapter of this Code.
The performance security shall be accepted by the county prior
to the issuance of the first certificate of occupancy for the site
development plan. Upon a satisfactory final inspection of the
improvements, which shall be no later than 24 months from
approval of the site development plan, the performance
security shall be returned to the developer. One year
extensions may be granted by the engineering review director.
SUBSECTION 3. W. AMENDMENTS TO SECTION 10.02.04
Submittal Requirements for Plats
Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41,
as amended, the Collier County Land Development Code is hereby amended
to read as follows:
10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements
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4. Effect and limitation of approval of preliminary subdivision plat
f Approval of improvement plans. site development plans, and
final subdivision plat required prior to development. Anything
contained elsewhere in this Code to the contrary
notwithstanding, no development shall be allowed pursuant to a
preliminary subdivision plat prior to the approval of
improvement plans and final subdivision plat submitted for the
same or portion thereof. Authorization to commence any
development prior to the completion of the provisions set forth
herein in sections 10.02.05 E.,10.02.04 B.3., and 10.02.03 A.4.
shall be the subject of an prolimin~ry early work authorization
as set forth herein. An prelimin~ry early work authorization
whose form and legal sufficiency shall be approved by the
county attorney shall be submitted in the form established by
the county attorney and shall be a legally binding agreement
between the applicant and the county.
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B. Final Plat Requirements
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4. Final subdivision plat submission requirements.
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i. Rights-of-way and easements. All right-at-way and easement
widths and dimensions shall be shown on the plat. All lots must
have frontage on a public or private right-of-way in conformance
with the design requirements of this section. with the exception of
one division of a sinqle platted lot or otherwise established lot of
record in the Rural Aqricultural or Estates zonina district into two
lots. herein referred to as a "lot-split." as set forth in Section
10.02.02 B. 12. of this Code. Any such lot-split may utilize an
access easement to satisfy access. and frontaae requirements for
the lot which would not otherwise have street frontaae. The width
of such access easement may not be less than twelve (12) feet
and may be required to be wider at the discretion of Collier County
staff. to accommodate safe access and turnina movements.
stormwater drainage pipes and the like. The number of access
points to a public riaht-of-way shall not be increasèd as a result of
the lot-split. if, in the opinion of the County staff. safe and sufficient
access may be accomplished with fewer access points than
existed prior to the proposed lot-split. The access easement will
create a front yard for setback purposes for all lots abuttina the
access easement. In cases where access is presently provided by
an access easement to existinq lots of record in any zonina district
which are not Dart of a recorded or unrecorded subdivision. this
easement will serve to satisfy access and frontaae requirements
for those lots. and yards abuttina the easement will be considered
front yards for setback purposes.
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SUBSECTION 3. WW. AMENDMENTS TO SECTION 10.02.06
Submittal Requirements for Permits
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Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-
41, as amended, the Collier County Land Development Code is hereby
amended to read as follows:
10.02.06 Submittal Requirements for Permits
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A. Generally. Any permit submitted to the County must meet the
requirements for that particular permit, as more specifically stated below.
1. Relation to state and federal statutes.
a. Required state and/or federal permits. Where proposed use or
development requires state or federal development orders or
permits prior to use or development, such development
orders or permits must be secured from state or federal
agencies prior to commencement of any construction and/or
development, including any changes in land configuration and
land preparation.
b. Development of regional impact. Where a proposed use or
development is a development of regional impact (DRI), it
shall meet all of the requirements of F.S. cll. 380, as amended,
prior to the issuance of any required county development
orders or permits and commencement of construction or
development. Submission of the application for development
approval (ADA) for a DRI shall be simultaneous with the
submission of any rezoning and/or conditional use application
or other land use related petition required by this Code to allow
for concurrent reviews and public hearings before both the
planning commission and the BCC of the ADA and rezone
and/or conditional use applications. The DRI and rezone
and/or conditional use shall be approved prior to the issuance
of any required county development orders or permits and
commencement of construction or development.
2. No approval of the final subdivision plat, improvement plans or
authorization to proceed with construction activities in compliance with
the same shall require Collier County to issue a development order
or building permit if (1) it can be shown that issuance of said
development order or building permit will result in a reduction in the
level of service for any public facility below the level of service
established in the Collier County growth management plan, or (2) if
issuance of said development order of [or] building permit is
inconsistent with the growth management plan. Anything in this
division section to the contrary notwithstanding, all subdivision and
development shall comply with the Collier County Adequate Public
Facilities Ordinance [Code ch. 106, art. III] and the growth
management plan.
B. Building or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy
compliance process.
a. Zoning action on building or land alteration permits. The
County Manager or his designee shall be responsible for
determining whether applications for building or land
alteration permits, as required by the Collier County Building
code or this Code are in accord with the requirements of this
Code, and no building or land alteration permit shall be issued
without written approval that plans submitted conform to
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applicable zoning regulations, and other land development
regulations. For purposes of this section a land alteration
permit shall mean any written authorization to alter land and for
which a building permit may not be required. Examples include
but are not limited to clearing and excavation permits, site
development plan approvals, agricultural clearing permits, and
blasting permits. No building or structure shall be erected,
moved, added to, altered, utilized or allowed to exist and/or no
land alteration shall be permitted without first obtaining the
authorization of the required permit(s), inspections and
certificate(s) of occupancy as required by the Collier County
Building Code or this Code and no building or land alteration
permit application shall be approved by the County Manager or
his designee for the erection, moving, addition to, or alteration
of any building, structure, or land except in conformity with
the provisions of this Code unless he shall receive a written
order from the board of zoning appeals in the form of an
administrative review of the interpretation, or variances as
provided by this Code, or unless he shall receive a written order
from a court or tribunal of competent jurisdiction.
b. Application for building or land alteration permit. All
applications for building or land alteration permits shall, in
addition to containing the information required by the building
official, be accompanied by all required plans and drawings
drawn to scale, showing the actual shape and dimensions of
the lot to be built upon; the sizes and locations on the lot of
buildings already existing, if any; the size and location on the
lot of the building or buildings to be erected, altered or
allowed to exist; the existing use of each building or buildings
or parts thereof; the number of families the building is
designed to accommodate; the location and number of required
off-street parking and off-street loading spaces; approximate
location of trees protected by county regulations; changes in
grade, including details of berms; and such other information
with regard to the lot and existing/proposed structures as
provided for the enforcement of this Land development Code.
In the case of application for a building or land alteration
permit on property adjacent to the Gulf of Mexico, a survey,
certified by a land surveyor or an engineer licensed in the State
of Florida, and not older than 30 days shall be submitted. If
there is a storm event or active erosion on a specific parcel. of
land for which a building or land alteration permit is
requested, which the County Manager or his designee
determines may effect the density or other use relationship of
the property, a more recent survey may be required. Where
ownership or property lines are in doubt, the County Manager
or his designee may require the submission of a survey,
certified by a land surveyor or engineer licensed in the State of
Florida. Property stakes shall be in place at the commencement
of construction.
c. Construction and use to be as provided in applications; status
of permit issued in error. Building or land alteration permits or
certificates of occupancy issued on the basis of plans and
specifications approved by the County Manager or his designee
authorize only the use, arrangement, and construction set forth
in such approved plans and applications, and no other use,
arrangement, or construction. Building use arrangement, or
construction different from that authorized shall be deemed a
violation of this Land development Code.
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I. Statements made by the applicant on the building or
land alteration permit application shall be deemed
official statements. Approval of the application by the
County Manager or his designee shall, in no way,
exempt the applicant from strict observance of
applicable provisions of this Land Development Code
and all other applicable regulations, ordinances, codes,
and laws.
II. A building or land alteration permit issued in error shall
not confer any rights or privileges to the applicant to
proceed to or continue with construction, and the county
shall have the power to revoke such permit until said
error is corrected.
d. Adequate public facilities required. No buildinÇJ or land
alteration permit or certificate of occupancy shall be issued
except in accordance with the Collier County Adequate Public
Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of
this Code) and Rule 9J-5.0055, F.A.C.
€h e. Improvement of property prohibited prior to issuance of
building permit. No site work, removal of protected vegetation,
grading, improvement of property or construction of any type
may be commenced prior to the issuance of a building permit
where the development proposed requires a building permit
under this Land development Code or other applicable county
regulations. Exceptions to this requirement may be granted by
the County Manager or his designee for an approved
subdivision or site development plan to provide for
distribution of fill excavated on-site or to permit construction of
an approved water management system, to minimize stockpiles
and hauling off-site or to protect the public health, safety and
welfare where clearing, grading and filling plans have been
subm!tted and approved meeting the warrants of section
4.06.04 A. of this Code; removal of exotic vegetation shall be
exempted upon receipt of a vegetation removal permit for
exotics pursuant to Chapters 4 and 10.
i. In the event the improvement of property, construction of
any type, repairs or remodeling of any type that requires
a building permit has been completed, all required
inspection(s) and certificate(s) of occupancy must be
obtained within 60 days after the issuance of after the
fact permit(s).
&:- t Zoning and land use approval required prior to or
simultaneously with issuance of building or land alteration
permit or occupancy of land and space. A zoning certificate,
attesting to compliance with all aspects of the zoning provisions
of the Land development Code, shall be required prior to
obtaining a building or land alteration permit or to occupying
any space of land or buildings or for the conduct of a business
in all zoning districts. The following zoning certificate review
procedure shall provide for the issuance of a zoning certificate.
i. For the purposes of determining compliance with the
zoning provisions of the Land Development Code, an
approval of a site development plan pursuant to section
10.02.03 herein, authorizes the issuance of a zoning
certificate. Said zoning certificate shall constitute a
statement of compliance with all applicable provisions of
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the Land Development Code, including the uses of the
building space upon which applicable off-street parking
and loading requirements were based, however,
issuance of a zoning certificate shall not exempt any
person from full compliance with any applicable provision
of the Land Development Code.
ii. In subdivided buildings each space for which a use is
proposed requires a zoning certificate for that particular
space, independent of any approval conferred upon the
building and the land pursuant to section 10.02.03 and
of a zoning certificate issued for the building and the
land, shall be required.
iii. A zoning certificate shall be required for any use of land
or buildings located in residential zoning districts, which
involve the conduct of a commercial or other
nonresidentially allowed uses of land or buildings.
C. Vegetation Removal permit requirements.
1. Other permits required. No vegetation removal permit or final
do'.'olopmont ordor authorizing sito cloaring or sito impro'Jemonts
shall be issued by the County Manager or his designee until all
applicable federal and state, and County approvals as designated by
the County Manager or his designee have been obtained. These
approval may or may not include, but are not limited to:
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D. Agricultural land clearing.
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1. Land clearing notice. No later than 60 days prior vegetation removal
as part of agricultural operations that fall within the scope of sections
163.3162(4) or 823.14(6), Florida Statutes, the property owner shall
provide notice to the onvironmontal sorvices diroctor County Manaqer
or desiqnee that the removal will occur. Said notice shall include the
following information:
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E. Enforcement and penalties.
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2. Restoration standards. If an alleged violation of this Code has
occurred and upon agreement between the County Manager or his
designee and the violator, or if they cannot agree, then, upon
conviction by the court or the code enforcement board, in addition to
any fine imposed, a restoration plan shall be ordered in accordance
with the following standards:
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c. The understory vegetation shall be restored to the area from
which protected trees were unlawfully removed. The selection
of plants shall be based on the characteristics of the Florida
Land Use, Covers and Form Classifications System (FLUCCS)
(FLUCFCS) code. Shrubs, ground cover, and grasses shall be
restored as delineated in the FLUCCS FLUCFCS code. The
species utilized shall be with relative proportions characteristic
of those in the FLUCCS FLUCFCS code. The exact number
and type of species required may also be based upon the
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existing indigenous vegetation on the adjacent property at the
discretion of the County Manager or his designee.
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3. Corrective measures for environmental violations.
a. Mitigation.
i. The person(s) responsible for violations of the
environmental sections of the Land development Code
shall be notified according to section 8.08.00 and shall
have 30 days to prepare a mitigation plan that is
acceptable to the county to resolve the violation. The
mitigation plan shall be submitted to development
services staff for review and comment. Once the plan is
accepted by development services, the responsible
party shall have 15 days to complete the mitigation
unless other arrangements are specified and agreed
upon in the mitigation plan.
II. Mitigation shall restore the area disturbed unless the
responsible party demonstrates that off-site mitigation
will successfully offset the impacts being mitigated for.
Off-site mitigation shall be on lands under the control of
a public agency, or identified for public acquisition, or on
lands protected from future development. Ratios for off-
site mitigation shall be as follows: two to one for uplands
¿]nd three to one for wetlands.
iii.
The selection of plants to be used shall be based on the
characteristics of the Florida Land Use, Covers and
Forms Classification System fFLUCCS) FLUCFCS
Code. The exact number and type of species required
may vary depending on the existing indigenous
vegetation found at the site.
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vi. A program to control prohibited exotic vegetation
(section 3.05.0-7 08) in the mitigation area shall be
required.
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F. Wellfield conditional use permit and standards.
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5. Administrative review of wellfield conditional use permit
petition.
a. The county manager shall review the petition for wellfield
conditional use permit for compliance with sections
3.06.12 and 3.06.13 of this division section in the same
procedural manner as for a certificate to operate.
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H. Coastal Construction Setback Line Permits. The following activities
seaward of the coastal construction setback line shall not require a
hearing by the board of county commissioners, but shall require a
coastal construction setback line permit. Such permit shall be
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reviewed and approved administratively by site development review
environmental staff. The appropriate fee as set by county resolution
shall be submitted with permit application.
1. Construction of a dune walkover when a Florida Department of
Environmental Protection (FDEP) permit has been obtained and the following
criteria have been met.
a. A maximum width of six feet.
b. A minimum separation of 200 feet between walkovers when two or
more walkovers are proposed on a single parcel.
2. Creation, restoration, re-vegetation or repair of the dune or other
natural area seaward of the CCSL on an individual parcel of land, when a
Florida Department of Environmental Protection (FDEP) permit has been
obtained and the following criteria have been met.
a. Sand used must be compatible in color and grain size to existing sand
subject to FDEP requirements.
b. Plants utilized shall be 100 percent native coastal species.
c. Restoration plans shall be designed by an individual with expertise in
the area of environmental sciences, natural resource management or
landscape architecture. Academic credentials shall be a bachelors or higher
degree. Professional experience may be substituted for academic credentials
on a year for year basis, provided at least two years professional experience
are in the State of Florida.
3. Certain activities that may temporarily alter qround elevations such as
artificial beach nourishment projects. excavation or maintenance dredqinq of
inlet channels may be permitted seaward of the coastal construction setback
line if said activity is in compliance with the Collier County GMP and receives
Federal and State agency approvals. Until such time as the fee schedule can
be amended. the fee shall be $400.00 for these beach nourishment permits.
3:- 4. Penalty and civil remedies.
a. Penalty for a violation of section 9.04.06. Notwithstanding the
penalties set forth elsewhere in this Code, the following violations of section
9.04.06 H., which occur during sea turtle nesting season:
i. Setting up of any structures , prior to daily sea turtle
monitoring, 2) failing to remove all structures from the beach by 9:30 p.m.,
or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to
the following penalties:
First violation: Up to $1,000.00 fine.
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
ii. Beach front property owners who leave beach furniture
unattended on the beach between 9:30 pm and the time of the next day's
sea turtle monitoring, are subject to the following penalties:
First violation: Written notice of ordinance violation.
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Second violation: Up to $1,000.00 fine.
Third violation: $2,500,00 fine.
More than three violations: $5,000.00 fine.
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I. Vehicle on the beach regulations.
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2. Exceptions; permit. All permits to allow operation of vehicles on county
beaches shall expire on April 30, of each year, to coincide with the
beginning of sea turtle nesting season. During sea turtle nesting
season, May 1 through October 31, of each year, all permits shall be
subject to section 10.02.06 1.3 below.
a. Sheriff, city, state and federal police, emergency services, and
the Florida Fish and Wildlife Conservation Commission vehicles
operated or authorized by officers of these departments
operating under orders in the normal course of their duties shall
be exempt from the provisions of this dM-sf9R section.
b. Vehicles which must travel on the beaches in connection with
environmental maintenance, conservation, environmental work,
and/or for purposes allowed by Collier County Ordinance No.
89-16, providing that the vehicle(s) associated with the
permitted uses of Collier County Ordinance No. 89-16 remain
stationary, except to access and egress the beach, shall be
exempt from the provisions of this dWffiioo section if a permit
has been obtained from the environmental services department
director or his designee, and said [permit] is prominently
displayed on the windshield of such vehicle and kept with ttle
vehicle and available for inspection. The procedure for
obtaining such a permit shall be by application to the
environmental services department director in writing stating
the reason or reasons why it is necessary for such vehicle or
vehicles to be operated on the beaches in connection with an
environmental maintenance I conservation, environmental
purpose and/or for purposes allowed by Collier County
Ordinance No. 89-16, taking into consideration the vehicular
use restriction previously stated as a criterion for an exception,
and permit for such vehicle or vehicles shall be issued by the
environmental services department director if the environmental
services department director is satisfied that a lawful and
proper environmental maintenance, conservation,
environmental purpose and/or purpose as described above and
allowed by Collier County Ordinance No. 89-16 will be served
thereby.
c. Baby buggies (perambulators), toy vehicles, toy wagons,
wheelchairs or similar devices to aid disabled or non-
ambulatory persons shall be exempt from the provisions of this
divi&ion section.
d. Vehicle-on-the-beach permits issued in conjunction with special
or annual beach events, in conjunction with permanent
concession facilities, or for other routine functions associated
with permitted uses of commercial hotel property. Vehicles
which are used in conjunction with functions on the beach, are
exempt from the provisions of this divi&ion section if a vehicle-
on the-beach permit has been granted by the onvironmental·
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servicos director or his County Manaaer or designee. All
permits issued are subject to the following conditions and
limitations:
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3. Operation of vehicles on the beach during marine turtle nesting
season. The operation of motorized vehicles, including but not limited
to self-propelled, wheeled, tracked, or belted conveyances, is
prohibited on coastal beaches above mean high water during sea
turtle nesting season, May 1 to October 31, of each year, except for
purposes of law enforcement, emergency, or conservation of sea
turtles, unless such vehicles have a valid permit issued pursuant to
this division section. Permits issued pursuant to this division section
are not intended to authorize any violation of F.S. § 370.12, or any of
the provisions of the Endangered Species Act of 1973, as it may be
amended.
a. All vehicle use on the beach during sea turtle nesting season,
May 1 to October 31, of each year must not begin before
completion of monitoring conducted by personnel with prior
experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission
Marine Turtle Permit.
4. Penalties. Notwithstanding the penalties set forth elsewhere in this
Code, violations of this division section are subject to the following
penalties:
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SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.02.07 Submittal
Requirements for Certificates of Public Facility Adequacy
Section 10.02.07 Submittal Requirements for Certificates of Public Facility
Adequacy, of Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended to read as follows:
10.02.07. Submittal Requirements for Certificates of Public Facility Adequacy
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C. Certificate of public facility adequacy.
1. General.
a. A certificate of public facility adequacy (COA) shall be issued
concurrently with the approval of the next to occur final local
development order. At the time a certificate of public facility
adequacy is issued, fifty percent of the estimated transportation
impact fees must be paid into the applicable trust fund pursuant to
10.02.07 C.1.e., and such funds will be immediately available for
appropriation to implement capital road facility improvements"
exceDt that for those non-residential (Le.. tVDically commercial or
industria ) develoDments otherwise reauired to obtain aDDroval of
an SDP Drior to the issuance of a buildina Dermit. aDDlicants for a
final subdivision Dlat may elect to:
i. comDlv with the aDDlicable reaulations of this section as to
one or more of the lot(s) of the FSP and obtain a COA sDecificallv
for iust that lot or lots at a sDecified intensity of develoDment; or
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ii. delay submittinQ a TIS and obtaining a COA for all of the
proposed lots, or just those remaininQ lots not then already
complying with this section, until a required SOP is applied for and
the terms of this sectiO!l are then complied with including payment
of estimated transportation impact fees.
The subject development is not allocated any available road
system capacity or considered eligible to be vested for
transportation concurrency purposes, however, until approval of
a TIS, payment of 50% estimated Transportation Impact Fees,
and issuance of a COA in accordance with Chapters 3, 6, and
10 of this Code and Rule 9J-5.0055, F.AC.
Impact fees for all other Category "A" capital
improvements will be paid at the time of issuance of
building permits at the rate then currently applicable.
b, Annual Traffic/PUO Monitoring Report. GR-After February 6,
2003, [the effective date of this section's amendment}, all PUOs
whicll are less than 90 percent built-out, must annually submit a
report detailing their progress toward build-out of the
development. The traffic report must be submitted as part of the
annual PUO monitoring report on or before the anniversary date
of the PUO's approval by the Board per LOC section 10,02.13.
Eß-bDG. The written report must be submitted to, and be in,
a format established by the County ManaQer, or designee,
unless payment-in-lieu is provided pursuant to section
10.02.13, F., Transportation /\4miRffitfater and must indicate
any revised estimates to the initial build-out schedule and any
resulting effect on traffic impact projections, along with any
progress towards completing any developer contribution
requirements. Traffic/PUO Monitoring Reports which are more
than ninety (90) days past due will result in the suspension of
final local development order issuance for the PUD pending
receipt of the Report.
c. Where the proposed development has been issued final subdivision
plat approval or final site development plan approval prior to the effective
date of this section, i.e., on or about November 3, 1993, a certificate of public
facility adequacy shall be obtained prior to approval of the next development
order required for the proposed development.
d. Estimated transportation impact fees for a development shall be paid
into the applicable impact fee trust fund in the amount estimated to be due
upon issuance of the final local development order(s) for the development
upon or prior to issuance of a certificate of public facility adequacy for the
development.
Developments that have paid estimated impact fees for all Category "A"
facilities prior to February 6. 2003 tho [effectivo date of this sootion's
amendmont], and which elect to come under the provisions of this section
may make payment of estimated impact fees into the applicable
transportation impact fee trust fund such that previously paid estimates may
be applied as a credit towards the impact fees calculated and due as a
prerequisite to the issuance of the final local development order(s) for the
development. If the developer does not elect to come under the provisions of
this division, impact fees paid into the impact fee escrow trust fund prior to
February 6. 2003. [tho offootive dato of this seotion's amondmont] shall be
refundable upon written request to the Countv Manaaer or desianee
Community dovolopment and Environmontal Servioes Division Administrator
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accompanied by the surrender of the original certificate of public facility
adequacy obtained prior to issuance of final local development order(s) for
the development. Fees paid into applicable impact fee trust accounts as a
prerequisite to the issuance of final local development order(s) prior to
February 6. 2003.the [offectivo date of this soction's amendment] in
accordance with the applicable consolidated impact fee reQulations
ordinances in Chapter 74 of the Code of Laws and Ordinances shall be
refundable pursuant to the provisions of such regulations ordinancos_upon
written request to the Finance Director, Clerk of Courts.
SUBSECTION 3.VY. AMENDMENTS TO SECTION 10.02.12 Building
or Land Alteration Permits
Section 10.02.12 Building or Land Alteration Permits, of Ordinance 04-
41, as amended, the Collier County Land Development Code is hereby
amended to read as follows:
10.02.12 Building or Land Alteration Permits
1\. Building or !:1nd altoration permit and certificate of occupancy
comp.~;ance process.
1. Zoning action on building or !::md alteration permits. The County
Managor or his designeo shall bo responsible for determining whothor
applications for building or bnd alteration permits, as roquirod by tRe
Collior County building coda or this Code are in accord with the
requirements of this Code, and no building or land alteration pormit
shall be issued without written approval that plans submitted conform
to applicablo zoning regulations, and other land development
regubtions. For purposes of this section a land alteration permit shall
moan any viritten authorization to alter land and for which a buildin9
permit may not be required. Examples includo but are not limitod to
clearing and excavation permits, site development plan approvals,
agricultural clearing permits, and blasting permits. No building or
structure shall bo erected, moved, added to, altered, utilized or
allowed to exist and/or no land alteration shall be pormitted without
first obtaining the authorization of the required pormit(s), inspections
and cortificate(s) of occupanoy as required by tho Collier County
building code or this Code and no building or land alteration permit
application shall be approvod by tho County Manager or his designee
for the erection, moving, addition to, or alteration of any building,
structure, or land oxcept in conformity '.'lith the pro':isions of this Code
unloss ho shall roceivo a '.vritten order from the board of zoning
appeals in the form of an administmti':o reviow of the intorpretation, or
varianoes as providod by this Codo, or unloss he shall receivo a
writton order f:"om a court or tribunal of oompetent jurisdiction.
2. App!iestfeF1 fer building er laRQ alteration permit. /\11 applioations for
IaYildlng or land alter-atieA permits shall, in addition to oontaining the
information roquir~d by tho IaYildlAg onioial, bo aooompanied by all
requir^Üd plans and dmll/ings drawn to soale, showing the aotual shapo
and dimensions of the let to be built upon; the sizes and looations on
tho let of laulldlAgs already oxisting, if any; the size and looation on
tho lot of tho lauildiAg or builEliAgs to bo oreotod, altered or allowod
to oxist; the existing use of eaoh lauilEliAg or lauildiAgs or parts
thereof; tho numbor of familios tho bYilCiliAg is designed to
aooommodate; tho location and number of required on street parking
and on street loading spaÐes; approximate looation of trees
proteoted by oounty regulations; changes in graCile, inoluding doklils of
herms; and suoh other infÐr-mstion with regard to tho lot and
existing/proposed atryetuFes 8S provided for the enforcement of this
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L::md dc\.'clopmcnt Codo. In the caso of application for a building or
kmG-ahe-Fation permtt on property adjaGeAt to the Gulf of Mexico, a
&HfVey,-----æHiHeG by a land sUfVeyer or an ongineer licensed in the
ðtate4~efk:ja,aAd-Aet oldef-tRan 30 day&-5Ræl be submitted. If theæ
j &-3-stefÆl--eveAt--ef-aGtive-BffiSieA---en a s po cifie-paFGel-ef--taAå-feF
whi6h-a--builåing-eHaAEI---alteratian-peFmit-is-~Hestee,wRi6h--tRe
GeuHty--MaAa§er or his desi§Ftee-åeterminec may offect the density or
etAef-Use-relatieHsmf3-Ðf-th8-ßroperty, a-more recent survoy may-ge
feftHiæ4-WRere O\vnership or property lines are in doubt, the County
MaAa§8f-er hiG designoe may require the submission of a survey,
certified by a land surveyor of--eHgineer licensed in the State-e.f
Rorida. Proporty stakes-shall bo iA-ßJ.aBo at the commenæmeHt-ef
ooR5truction.
3. ConstructioA-aoo use to be 3S provided in appJic3tioRS¡-status-el
peFfRif--issuefi-fn errof;-ßui-låing or laRÐ-altefati9~fmits-eF
eeHifi6ates of occußancy iSSHed on the basis of plaAs-aA6
5fffi6iHeations approved by the Cffiffi~r or his designee
aillhorizo only the use, arrangement, and-ooRstFHGtion set forth iA-SOOh
~s and apß"lications, and no other use, arrangemeAt,ef
ooAStruction. 8Hilding use arrangement, or construction different from
that-atH:hooæe-sRalt-Be-Beemod 3 viotatieA4this-baAd-Develapl11ent
GOO&:
a. Statements made by the applicant on the building or land
alteFation pormit application shal~ be deemee--effi6iæ
statements. Approval of the application by the County Mana§8f
ef-fHS designee shall, in no way, exempt the appIiGant-.fFem
strict observance of appltBabte provisions OHRis Land
Development Code and all---etRef---8ftl3~icable re§l;!kitieR&;
GFElinances, codes, and la\vs.
b. 1\ building or land altcration permit issued in error shall not
confer any rights or privileges to the applicant to proceed to or
continuo '.vith construction, and the county shall have the pO'Ner
to revoke such permit until said error is corrocted.
4. Adequate public faciUties roquirod. No building or land alteration
permit or certificate of occupancy shall be issued except in
accordance with the Collier County Adequate Public Facilities
Ordinance, Ord. No. 90 24 (chapters 3, 6 and 10 of this Code) and
Rule 9J 5.0065, F.A.C.
6. Improvoment of property prohibited prior to issu:;mce of building
po:mit. No site ':"ork, removal of protected vegetation, grading,
improvement of property or construction of any type may be
commencad prior to the issuance of a ~uilding permit 'Nhere the
development proposed requiros a building permit under this Land
DC-Jelopment Coda or othor applioable county regulations.
Excoptions to this requirement may bo granted by tho County
Managor or his dosignoo for an approvod 8u~Elivi8iGn or sito
development plan to provide for distribution of fill exommtod on sito
or to pormit construction of an approvod water managomont system,
to minimiza stockpilos and hauling off site or to protoot tho publio
health, safoty and \\'olfare where clearing, grading and filling plans
ha'.'o bean submittod and approved mooting the '."Iarrants of sootion
4.06.04 of this Code; romoval of exøtio -Jegetatlon shall bo oxempted
upon rooeipt of a '.'agetation romoval pormit for exotics pursuant to
Chapter 3 and this Chapter 10.
a. In tho ovont tho improvoment of proporty, oonstruotion of any
typo, ropairs or remodeling of any typo that requires a building
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permit has been comploted, all roquirod inspection(s) and
certificate(s) of occupancy must be obtained 'Nithin 60 days
after the issuance of after the fact permit(s).
6. Zoning and land use :1pprowll roqufmd prior to or simult::moously with
issuance of building or land alteration permit or occupancy of land and
space. ^ zoning certificate, attesting to compliance 'Nith all aspects of
the zoning provisions of the Land de'¡elopment Code, shall be
required prior to obtaining a building or land alteration permit or to
occupying any space of land or buildings or for the conduct of a
business in all zoning districts. The following zoning certificate rovie'.\'
procedure shall provide for the issuance of a zoning certificate.
a. For the purposes of determining compliance with tho zoning
provisions of the Land De'Jelopment Code, an approval of a
site development plan pursuant to section 10.02.03 herein,
authorizes the issuance of a zoning certificate. Said zoning
certificate shall constitute a statement of compliance with all
applicable provisions of the Land De'·:elopment Code,
including the uses of the building space upon which applicable
e#-street parking and loading requirements 'Nero based,
however, issuance of a zoning certificate shall not exempt any
parson from full compliance with any applicable provision of the
Land Development Code.
b. In subdivided buildings each space for which a use is
proposed requiros a zoning certificate for that particular space,
independent of any approval conferred upon the building and
the land pursuant to section 10.02.03 and of a zoning certificate
issued for the building and the land, shall be requirod.
c. ^ zoning certificate shall be roquired for any use of land or
buildings located in rosidential zoning districts, ,...,hich involve
the conduct of a commercial or other nonresidentially allowed
uses of land or buildings.
SUBSECTION 3. ZZ. AMENDMENTS TO SECTION 10.02.13 PUD
Reporting Procedures
Section 10.02.13 PUD Reporting Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
10.02.13. Planned Unit Development (PUD) Procedures
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F. Monitoring requirements. In order to ensure and verify that approved project
densities or intensities of land Y.§§..will not be exceeded and that development
commitments will be fulfilled and are consistent with the develoDment's
approved transportation impact studY, annual monitoring reports must be
submitted by the owner(s) of a PUD to the County Manager or his designee.
.L The monitoring report must be prepared in a County approved format te
inoludo M. an affidavit executed by the property owner(s) attesting that
the information contained in the monitoring report is factually correct and
complete.. These reports are to be submitted annually, on or before
each anniversary of the date said PUD was approved by the Board until
the PUD is completely constructed and all commitments in the PUD
document/master plan are met (built out).
2. The monitoring report must provide the following information:
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~ .:hName of project.
!L bName of owner.
f:. ~Number of units, by residential type; square footage and acreage of
recreation facilities, commercial and other permitted uses;
infrastructure and/or other uses which are complete and approved or
for which a valid permit has been issued, but which have not been
completed and anyon-site or off-site commitments completed and
approved as of the due date of the monitoring report.
L ~Up-to-date PUD master plan showing infrastructure,
projects/developments, plats, parcels and other pertinent information,
including on-site or off-site commitments.
~&oA +!raffic counts report for all access points to the adjacent roadway
network which must be siqned and sealed by a professional enqineer
and performed over a 72-hour weekday period to include 15 minute
intervals and turninq movements in the PM peak two hours; except that
the owner(s) of the PUD, in lieu of submittinq an annual traffic count
report. may elect to make a payment to the County in an amount equal
to the cost to conduct the required traffic count(s) as defined in an
engineer's certified estimate of such costs. Such funds received must
be used by the County to count traffic on the major roadway network
used by the development as defined in the originally submitted traffic
impact statement.
LJhCopies of all required monitoring reports completed in past year (i.e.,
traffic, wellfield, etc.).
fh-+:Up-to-date PUD document which includes all approved amendments
as of the date of the monitoring report.
!:1.-&-Status of commitments in PUD document, including projected
completion dates if then established.
I. B-oOther information as may be required by County Manager or his
designee.
3.-:t4-Monitorinq reports must be submitted in aAffidavit form drafted and
wppliod approved by Collier County to be executed by the owner(s) of
the PUD.
4. Change of ownorship. ACehange in ownership of portions of a PUD
development shall not absolve the original owner of the requirement to
file an annual monitoring report. Transferring responsibility for filil")g the
annual monitoring report to an entity other than the original owner may
be demonstrated in the form of an executed agreement between the
original owner and the new entity which when filed with the planning
services department director shall automatically transfer responsibility
for filing that tRa-annual monitoring report.
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SUBSECTION 3. AAA. AMENDMENTS TO SECTION 10.02.14
Landscape Plans
Section 10.02.14 Landscape Plans, of Ordinance 04-41, as amended, the
Collier County Land Development Code is hereby amended to read as
follows:
Section 10.02.14 Landscape Plans
A. Landscape plan required. Prior to the issuance of any preliminary
subdivision plat, final site development pian, or building permit, an
applicant whose development is covered by the requirements of this
section must submit a landscape plan to the County Manager or his
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designee. The landscape plan must bear, the seal of a Landscape Architect
registered in the State of Florida. The landscaping required for single-family,
two family, and mobile home dwelling units must be shown on the
building permit plot plan. This plan is not required to bear the seal of a
landscape architect.
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1. Public educational facilities and Plant, ancillary plant, and auxiliary
facility. Essential services including Collier County Public Schools
(CCPS)/public Educational and ancillary plants, and other public
facility projects developed jointly with CCPS may demonstrate that the
intent of this division section can be effectively accomplished without
meeting specific development standards. The applicant must
request an administrative review of the alternative design, as outlined
in paragraph (a) below. The deviations are limited to quantity of plant
material and the School district must demonstrate that the deviation is
necessary as a result of an educational program or joint use of the
school site with another public facility or use.
a. Procedure. In addition to the base submittal requirements,
applicants shall clearly label the plan submitted as an
"Alternative Landscape Code Plan". This plan shall reference
the deviations on the plan. An applicant must submit a
narrative description identifying the code development
standards required by this section which will be addressed
through the alternative approach. The County Manager or his
designee will administratively review submittal documents for
consistency with the intent of this division section. If the plan is
approved through this provision, the approved deviations must
be specifically noted and the basis of the approval must be
stated within the site development plan approval letter.
Deviations approved will be applicable only to the specific
design and plan reviewed. Modifications of an approved design
will void the deviation request and require resubmittal to
planning services staff for re-evaluation of the request in the
context of the amended design and plan.
b. Exemption. An administrative deviation is not required for
specific standards relating to placement of plant materials if the
intent of the Code can nonetheless be carried out without
meeting these standards. The intent of the division section can
be demonstrated by detailing a specific health, safety, or
welfare concern as defined by SREF or as may be unique to a
specific site or educational program that would override the
need to provide plant materials. A copy of SREF, as may be
amended, is available in the records room in the Community
De'lolopment Development and Environmental Services
Division building.
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SUBSECTION 3. BBB. AMENDMENTS TO SECTION 10.03.05 Notice
Requirements for Public Hearings Before the
BCC, the Planning Commission, the Board of
Zoning Appeals, The EAC, and the Historic
Preservation Board
Section 10.03.05 Notice Requirements for Public Hearings Before the
BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and
the Historic Preservation Board. of Ordinance 04-41, as amended, the Collier
County Land Development Code is hereby amended to read as follows:
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10.03.05
Notice Requirements for Public Hearings Before the BCC, the
Planning Commission, the Board of Zoning Appeals, The EAC, and
the Historic Preservation Board
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B. Notice and public hearing where proposed amendment would change zoning
classification of land and for CONDITIONAL USES and variances, for planned
unit development (PUD) rezoning extensions. In the case of an application for
extension of PUO zoning status or the rezoning of land, to include rezonings,
conditional uses and variances initiated by other than the board of county
commissioners or amendments to planned unit developments, such provisions
shall be enacted or amended pursuant to the following public notice and
hearing requirements by the planning commission and the board of county
commissioners. PUO extensions, Rezoning, conditional use and variance
petitions initiated by the board of county commissioners or its agencies for
county owned land shall be subject to these provisions.
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8. For subject properties located within the urban designated area of the
future land use element of the growth management plan, notice of the time
and place of the public hearing by the planning commission shall be sent
by the county twice. Tho first notice shall bo sent no less than 30 days
attor tho recoipt of a sufficient application by the County Manager OF-Affi
designoo. The second notico shall bo sent at least +á £1 days in advance
of the hearing. ßetR This notices shall be sent by mail to all owners of
property within áOQ 1.000 feet of the property lines of the land for which an
approval is sought; provided, however, that where the land for which the
approval is sought is part of, or adjacent to, land owned by the same
person, tho áOQ 1.000 foot distance shall be measured from the
boundaries of the entire ownership or PUO, except that notices need not
be mailed to any property owner located more than one-half mile (2,640
feet) from the subject property. For the purposes of this requirement, the
names and addresses of property owners shall be deemed those
appearing on the latest tax rolls of Collier County and any other persons or
entities who have made a formal request of the county to be notified.
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F. Public participation requirements for small-scale or other site-specific
comprehensive plan amendments. rezonings, PUD amendments, conditional
uses, variances or parking exemptions.
1. Applicants requesting a small-scale or other site-specific
comprehensive plan amendment. rezoning, PUD amendment, or
conditional use approval must conduct at least one Neighborhood
Informational Meeting ("NIM") after initial staff review and comment on
the application. . or after notification of application sufficiencv for a
small-scale or other site-specific comprehensive plan amendment. and
before the Public Hearing is scheduled with the Planning Commission.
For a small-scale amendment. the NIM is required prior to the CCPC
adoption hearina. For other site-specific comprehensive plan
amendments. the NIM is required prior to the Plannina Commission
transmittal hearina. A second NIM for a site-specific comprehensive
plan amendment. to be held prior to the Plannina Commission
adoption hearina. will onlv be required if. as determined bv staff. a
substantial chance has occurred to the proposed amendment
subsequent to the Board of Countv Commissioners transmittal
hearinc. For all other applications. t+he appropriate number of staff
Page 115 of 160
Words struck through are deleted, words underlined are added
reviews of the application returned before the NIM can be held will be
at the discretion of the County Manager or his designee, only in cases
where one or two pending reviews are unnecessarily hindering the
applicant from presenting the proposal to the public. Written notice of
the meeting shall be sent to all property owners who are required to
receive legal notification from the county pursuant to section 10.03.05.
B. 3bove 6. or 7. Notification shall also be sent to property owners,
condominium and civic associations whose members are impacted
by the proposed land use changes and who have formally requested
the county to be notified. A list of such organizations must be provided
and maintained by the county, but the applicant must bear the
responsibility of insuring that all parties are notified. A copy of the list
of all parties noticed as required above, and the date, time, and
location of the meeting, must be furnished to the County manager or
designee and the office of the board of county commissioners no less
than ten days prior to the scheduled date of the neighborhood
informational meeting. The applicant must make arrangements for the
location of the meeting. The location must be reasonably convenient
to those property owners who are required to receive notice and the
facilities must be of sufficient size to accommodate expected
attendance. The applicant must further cause a display
advertisement, one-fourth page, in type no smaller than 12 point and
must not be placed in that portion of the newspaper where legal
notices and classified advertisements appear stating the purpose,
location, time of the meeting and legible site location map of the
property for which the zoning change is being requested. The
advertisement is to be placed within a newspaper of general
circulation in the county at least seven days prior to, but no sooner
than five days before, the neighborhood informational meeting. The
Collier County staff planner assigned to attend the pre-application
meeting, or designee, must also attend the neighborhood
informational meeting and shall serve as the facilitator of the meeting,
however, the applicant is expected to make a presentation of how it
intends to develop the subject property. The applicant is required to
audio or video tape the proceedings of the meeting and to provide a
copy of same to the County manager or designee.
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SUBSECTION 3. CCC. AMENDMENTS TO SECTION 10.08.00 Conditional Use
Procedures
Section 10.08.00 Conditional Use Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
10.08.00 Conditional Use Procedures
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I. Conditional uses for school or religious purposes. A use which has been
approved as part of a preliminary subdivision plat (formerly subdivision
master plan) or a planned unit development for schools, religious or
eleemosynary uses shall be exempt from the provisions of this section. Such
uses must comply with the provisions of diviEion a.a section 10.02.03, site
development plan approval, as applicable, and all other zoning
requirements.
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SUBSECTION 3. DDD. AMENDMENTS TO SECTION 10.09.00
Variance Procedures
Page 116 of 160
Words struek tbroügh are deleted, words underlined are added
Section 10.09.00 Variance Procedures, of Ordinance 04-41 as amended,
the Collier County Land Development Code is hereby amended to read as
follows:
10.09.00 Variance Procedures
A. Conditions and safequards. In recommendinq approval of any variance, the
planninq commission may recommend appropriate conditions and
safequards in conformity with this zoninq code includinq, but not limited to,
reasonable time limits within which the action for which the variance is
required shall be bequn or completed. or both, In the case of after-the-fact
variances, the planninq commission may recommend, as a condition of
approval, that in the case of the destruction of the encroaching structure. for
any reason. to an extent equal to or qreater than 50 percent of the actual
replacement cost of the structure at the time of its destruction, any
reconstruction shall conform to the provisions of this Code in effect at the
time of reconstruction. Violation of such conditions and safeQuards, when
made a part of the terms under which the variance is qranted. shall be
deemed a violation of this zoninQ code.
B. Recommendation of denial. If the planninq commiSSion recommends
denial of a variance, it shall state fully in its record its reason for doinq
so, Such reasons shall take into account the factors stated in section
9.04.03 of this code, or such of them as may be applicable to the
action of denial and the particular requlations relatinQ to the specific
variance requested if any.
C. Status of planninG commission report and recommendations. The report
and recommendation of the planninQ commission required above shall
be advisory only and shall not be bindinq upon the board of zoninQ
appeals.
D. Notice of board of zoninq appeals public hearinG. Upon completion of the
public hearinq before the planninq commission, the petition shall be
heard by the board of zoninQ appeals. Notice of public hearinq shall be
given at least 15 days in advance of the public hearinQ before the
board of zoninQ appeals. The owner of the property for which the
variance is souqht. or his aqent or attorney desiqnated by him on his
petition, shall be notified by mail. Notice of public hearinq shall be
advertised in a newspaper of Qeneral circulation in the county at least
one time 15 days prior to the hearinQ.
E. Board of zoninG appeals public hearinGs. The public hearinq shall be held
by the board of zoninq appeals. Any party may appear in person by
aqent or attorney, or may submit written comments to the board of
zonina appeals.
F. Board of zoning aDDeals action. Upon consideration of the plannina
commission's report. findinas and recommendations. and upon
consideration of the standards and auidelines set forth in section
9.04.03 of this code. the board of zonina appeals shall approve. by
resolution. or deny a petition for a variance.
G. Conditions and safeauards. In arantina any variance. the board of zonina
appeals may prescribe appropriate conditions and safeauards in
conformity with this zonina code. includina. but not limited to.
reasonable time limits within which action for which the variance is
required shall be beaun or completed. or both. In the case of after-the-
fact variances. the board may stipulate that in the case of destruction
Page 117 of 160
Words struck through are deleted, words underlined are added
of the encroachinq structure. for any reason. to an extent equal to or
greater than 50 percent of the actual replacement cost of the structure
at the time of its destruction, any reconstruction shall conform to the
provisions of this Code in effect at the time of reconstruction. Violation
of such conditions and safequards, when made a part of the terms
under which the variance is qranted, shall be deemed a violation of
this zoninq code.
H. Limitations on power to qrant variances. Under no circumstances shall
the board of zoninq appeals qrant a variance to permit a use not
permitted under the terms of this zoning code in the zoninq district
involved, or any use expressly or by implication prohibited, by the
terms of these requlations in the said zoninq district.
I. Variance application processing time. An application for a variance will be
considered "open" when the determination of "sufficiency" has been
made and the application is assiqned a petition processinq number.
An application for a variance will be considered "closed" when the
petitioner withdraws the subject application throuqh written notice or
ceases to supply necessary information to continue processinq or
otherwise actively pursue the variance, for a period of six months. An
application deemed "closed" will not receive further processinq and
shall be withdrawn and an application "closed" throuqh inactivity shall
be deemed withdrawn. The planninq services department will notify
the applicant of closure, however. failure to notify by the county shall
not eliminate the "closed" status of a petition. An application deemed
"closed" may be re-opened by submittinq a new application.
repayment of all application fees and qrantinQ of a determination of
"sufficiency". Further review of the request will be subject to the then
current code.
1. Applicabilitv. All applications for a variance whether submitted
before or after June 26. 2003, shall comply with the processinq
time procedures set forth in section I. above.
SUBSECTION 3. EEE. AMENDMENTS TO APPENDIX E ACCESS
MANAGEMENT PLAN MAPS
Appendix E Access Management Plan Maps, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
APPENDIX IE
ACCESS MANAGEMENT PLAN MAPS
EXPL^.NATION OF LEGEND AND NOTATIONS ON /\CCESS MAN/\GEMENT·
PLAN MAPS:
EixÍ8tiAg ÐfJiIfJ.WgS 8F1d StR:JÐWÆ18 GaRemlly represeRts the shape. siza and
location of structures (primarily nonresidential) existing at the time of adoption of tho
map. Soma usos aro identiJiod for goographic roforonco (o.g., banks) and others
bocauso of high traffic gone ration (o.g., con'y'enienco Gtores, shopping oenters).
Existing ÏRgrÐs&'-ÐgrÐSS Indicates an oxisting drive or driyO\·.'ay into a project
at the time of adoption of the map.
APPFÐVÐd JRgÆ1W-Ðf Æ1SS, ootJuiJt Indicates a drive, dri'le'.~:ay or road'.wy
approved by an existing dovelopment ordor (PUD, planned unit de'lelopmont or
SDP, site development plan) but not constructed at the time of adoption of tho map.
Page 118 of 160
Words stmek through are deleted, words underlined are added
No'll ingress/ogress Indicates desired location of futuro accoss points.
Futuro develo¡3ffi6Ht-efEl.ers could OFHy-Be-aWffiVed if access po~Rts comply with
the-se-teGaHeR&
Menitar far future mafii.fieatianlmma'K11 Indicates an existing ar approvod
Ðtlt-HRbuHt-aGBe&S-f:)efrnï at the-hffie---Br-aaGptfeR-ef--tRe-map, 'NhiGtHS to be mooHeæa
fFeView and aAa~-a€Bfdents reports, t¡:affic volumos, and operating COnaHteRS
within close proximity to tho site) for possible meffifiBation or romoval. Usually this
symbol is accompanied by tho potential ch:mgo identified in parentheses, e.g.,
~pessfblo romoval)." Access points may be modified thru median modification (e.g.,
6RafI§&-ffiedian opening from fi:H1 to directional, etc.) and/or at tho accoss poiRt
itself. Median modification may occur independont of sito devolopmont aGtMty-;
Modification or rorneval of tho access point itself may occur at tim&-et-sHe
redevolopmeRt,s~AffiGant site alteration, or change in u~
Existing modf;:ms Depicts location and shape of existing restrictivo modians
(grass or concrete median, not painted modian) at the time of adoption of the-maj3-:
Median dimonsions are repæseRtative no fiold measurements wore peOOFFfleEh
SidoYl~!k Indicates existing pavod sidowalk at the time of adoptioA-of the
map-:
Passible traffic light Indicatos the possible location of a traffic light at some
time in the--flliHFe-;
Futuro c!osuro of mod¡~n oponing Indicates the planned or approved
closure of an existing median of**HRg-OOo to scheduled roadway im¡::;rovemeHts-:
Possiblo c.'osuro of median opening Indicatos the possiblo closure of aA
cxi sti ng m eۆaR-ef**iffi~l;
Futuro modjfic~tion of modian opening Indicates tho plannod or approved
modification of an existing median opening, e.g. chango from full opening to
directional.
Possible modific3ti::m of median oponing Indicates tho possible modification
of an oxisting modian of**i~
Sh~ros ~ccess encouragod Indicates desire for one access point to servo
two or more parcels of land. Staff 'Nould oncourage/request this at time of
developmont order reviow. Adjacent parcels under same mvnorship may be liFfl-i.ted
to a singlo accoss point onto the major road'Nay.
Interconnoct encouragod Indicates 'Nhere an interconnection beh·..een
proporties appoars appropriate. Staff would encourage/request this at time of
development ardor reviow.
Potontia.' .intorconnect Indicatos genoral location where an intorconnection
between proporties appoars appropriate and '....hero one of tho t'.\l0 paroels is
already developed. Staff may enoourago/request this at time of dO'.(olopment ordor
revie1J.' of tho undeveloped parcel and at time of rodovelopment or E:ignificant use
ohango for the oxisting developod parcel.
Nc dJroet Sf)f)ess te (name of road) Indioates a parcel oannot
obtain aooeSÐ from the spooifiod road'.vay resulting in aooess being obtainod
through interoonneotion with an adjaoent property and/or from somo other E:troet.
Nc df,'qi)Gt aeeess to (namo of road) l:JfIf.Ðss a shared accoss point
IndioateE: a parcel cannot obtain aOOOE:E: from the speoified road'JJay rosulting in
aooeE:E: boing obtained through interconnootion with an adjacent property andlor
from Gome other street unless the accoss is shared with an adjacent proporty.
Page 119 of 160
Words struok through are deleted, words underlined are added
Futuro romoval, futuro right in, ....;ght out, ote. Indicates a plan nod or
approvod chango to an accoss point duo to schodulod roadway improvomonts (e.g.,
planned future 4 laning ':Iill includo median modification such that an accoss point
changos from full to diroctional) or duo to an approved development order for
different land use which oxisting access point removed or modffieå.:.
Possib.'o romoval, possib.1.o right in, right out, ote. Indicatos a possiblo chango to
aA-access point due to future modian modifications not yet pl3nned or as a result of
monitoring tho accoss point.
Page 120 of 160
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Page 142 of 160
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SUBSECTION 3. FFF. AMENDMENTS TO APPENDIX G ANNUAL
BEACH EVENT STANDARD PERMIT
CONDITIONS
Appendix G ANNUAL BEACH EVENT STANDARD PERMIT
CONDITIONS, of Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended to read as follows:
APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT
CONDITIONS
*
*
*
*
*
*
*
*
*
*
10. Annual beach events which occur during Sea Turtle Nesting Season (May
1 st through October 31 st of each year) are also subject to the following
regulations:
A. All required Florida Department of Environmental Protection (FDEP)
Field Permits, shall be obtained and a copy furnished to Collier County
prior to the Ume of the scheduled event as set forth in section 5.04.06.
B. Consistent with section 10.02.06 I 5.04.06, no structure set up, or
beach raking, or mechanical cleaning activity for any particular Beach
Event shall not commence until after monitoring conducted by
personnel with prior experience and training in nest surveys
procedures and possessing a valid Fish and Wildlife Conservation
Commission Marine Turtle Permit has been completed.
C. Prior to all scheduled beach events, every beach event permit holder
is required to rope off (or otherwise identify with a physical barrier) an
area with no less than a 15-foot radius around each sea turtle nest
that has been identified and marked on a beach, unless a greater
distance is required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be
permitted under section 10.02.06 I 5.04.06.
E. Consistent with section 10.02.06 I all materials placed on the beach
for the purpose of conducting permitted Beach Events must be: 1)
removed from the beach by no later than 9:30 p.m. the date of the
event; and 2) no structures may be set, placed, or stored on, or within
ten feet of any beach dune, except that materials may remain in an
identified staging area until 10:00 p.m. The location and size of all
staging areas will be as identified in the annual beach events permit.
*
*
*
*
*
*
*
*
*
*
SUBSECTION 3. GGG. AMENDMENTS TO APPENDIX H - LDC/UDC
COMPARATIVE TABLES
Appendix H LDC/UDC Comparative Tables, of Ordinance 04-41, as
amended, the Collier County Land Development Code is hereby amended to
read as follows:
APPENDIX H - LDC/UDC COMPARATIVE TABLES
The tables contained in this Appendix provide a detailed cross-reference between
the sections of the LDC in effect prior to the October 18, 2004, effective date, and
Page 143 of 160
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the LOC sections thereafter in effect on that date. The documents are broken down
into Articles, which was the format of the LOC prior to the October 18, 2004,
effective date. The LOC has been revised into a Chapter format as of the October
18, 2004 date. The contents of this Appendix are as follows:
Article 1 - General Provisions
Article 2 - Zoning
Article 3 - Development Requirements
Article 4 - Impact Fees
Article 5 - Decision-Making and Administrative Bodies
Article 6 - Definitions
Page 144 of 160
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ARTICLE 1 - GENERAL PROVISIONS
LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes
section Chapter
1,1 ChaQter 1 1.01.00 - Title
------
1,2. Chapter 1 1.02.00 -
Authority
1.3, Chapter 1 1.05.00 -
Findings, Purpose
and Intent
1.4. Chapter 1 1.05.00 -
Findings, Purpose
and Intent
1.5. Chapter 1 1.04.01 -
Generally
1.5.1. Chapter 1 1.04,05 -
Relationship to
GMP
1.5.2. Chapter 1 1.04,03 -
Exceptions
1.5.3. Chapter 1 1.04.02 -
Applicability to...
1,5.4. Chapter 1 1.04,02 -
Applicability to...
1.5.5. Relocated to
Code of Laws
& Ord..
1.5,6. Chapter 1 1.04,01 -
Generally
1.5,7. Relocated to
Code of Laws
& Ord..
1,6. Revised in
Supp. 17 (Ord.
03-55)
1,6.1. Chapter 1 1.06.01 -
Responsibility
for.. .
§§1.6.2. - 10.02.02 -
1.6,6. Submittal
Requirements for
All Applications
1.6.7. Chapter 1 1.06.02 - Rules
for
Interpretations.. .
1.6.8. Chapter 1 1.06.03 -
Interpretations
Not.. .
1.6.9. Chapter 1 1.06.02 - Rules
for
Interpretations. . .
1.6.10. Chapter 1 1.06.40 -
Continuity of
ZoninQ
1.7. Chapter 9 9.02.00 - This Division is
Development with no longer
Vested Rights- legally effective
[Reserved] and therefore
is not being
carried
forward, but
the section is
reserved for
future
amendment
1.8. Chapter 9 9.03.00 - & 1,8.2. was
Page 145 of 160
Words struck through are deleted, words underlined are added
Nonconformities revised in
Supp. 16 (Ord.
03-27) and
Supp. 17 (Ord.
03-55)
1.9. Chapter 8 8.08.00 - Code
Enforcement
Board
1,10, Fees This Division
relocated to
the County
Administrative
Code
1.11. -1.17. These
"Reserved"
divisions were
not required for
inclusion in the
UDC
1.18. Chapter 1 1.07.00 - Laws Revised in
Adopted by Supp. 16 (Ord.
Reference 03-27)
1.19. Chapter 10 10.02.08 - 11
1.20. & 1.21. These
Divisions are
replaced by
Section Five in
the 2004
adopting
Ordinance.
1.22. This Division is
replaced by
Section Four in
the 2004
adopting
Ordinance.
1.23 This Division is
replaced by
Section Seven
in the 2004
adopting
Ordinance.
ARTICLE 2- ZONING
LDC Division LDC LDC Sub- UDC Chapter UDC Section Other Notes
Section section
2.1. - General 2.1.1. This section is
not needed
and is not
included in the
UDC.
2.1.2. Chapter 2 2.01.01 -
PurDose
2.1.3. This section is
not needed
and is not
included in the
UDC.
ss. 2.1.4.- Chapter 2 2.02.01 -
2.1.7. Establishment of
Page 146 of 160
Words struek tkrotigh are deleted, words underlined are added
Official Zoning
Atlas
ss, 2,1,8. Chapter 2 2,02.01 -
& 2,1.9. Official Zoning
Atlas
1---- ss,2,1,10, Chapter 1 1.04.01 -
-2,1,12, Generally
2,1,13, Chapter 1 1.04.04 C
Reduction
2,1.14. Chapter 2 2.02.02 -
District. . .
2.1.15. Chapter 2 2.02.03 -
Prohibited Uses
2,1.16. Chapter 2 2.02,02 -
District. . .
2,1.17, Chapter 1 1.04.02 -
Applicability.. ,
2,1.18, Chapter 1 1.04.02. D....
Div.2.2. 2.2.1. Chapter 2 2.03.05. &
2.04.03 - Table
of Uses
2.2.2. Chapter 2 2.03.05 - Open Revised in
Space Zoning Supp. 16 (Ord.
Districts 03-27) &
Supp. 18 (Ord.
04-08)
2.2.2 ~ Chapter 2 2.03.08 -Eastern New zoning
Lands/ Rural district
Fringe Zoning
Districts
ss. 2.2,3, - Chapter 2 2.03.01 - Revised in
2.2.10, Residential Supp, 16 (Ord.
Zoning Districts 03-27) and in
Supp, 18 (Ord.
04-08)
2.2.11. Chapter 2 2.03.02. F-
TTRVC District
2.2.11.4.13. Chapter 4 4.06.06 - Special
Buffer
Requirements.. .
I ss. 2.2,12. Chapter 2 2.03.02 - Revised in
- 2.2.15 ~ Commercial SUPP. 18
Zoninq Districts lOrd. 04-08\
ss. 2.2.16 Chapter 2 2.03.03 - Sec. 2.2.16.
& 2.2.1612 Industrial Zoning reviseq in
Districts Supp. 17 (Ord.
03-55) and in
Supp. 18 (Ord.
04-08)
2.2.17. Chapter 2 2.03.05 - Open Revised in
Space Zoning Supp. 18 (Ord.
Districts 04-08 )
ss. 2.2.18. Chapter 2 2.03.04 - Civic Revised in
& 2.2.19. and Institutional Supp. 18 (Ord.
Zonina 04-08)
Sub-section Chapter 4
2.2.18.4.6. 4.05.05 -
Parking
Variation in
the P District
2.2.20. Chapter 2 2.03.06 - PUD Revised in
Districts Supp 18 (Ord.
04-08)
Page 147of160
Words struok through are deleted, words underlined are added
ss. 2.2,21. Chapter 2 2.03.07 - § 2.2.27.
- 2.2.28. Overlay Zoning created by
Districts Supp. 16 (Ord.
2.2.27. in 03-27),
Chapter 4 revised in
4.08.00 Supp. 18 (Ord.
04-08)
2.2.29 2.2.29.1. - 2. Chapter 2 2.03.07 G.6.
2.2.29.3. - 4. Chapter 10 10.02.05 F. Section
and created in
2.2.29.5. (2) Cycle 2,2004
and (6) after the LDC
recod ification.
2.2.29.5. Chapter 4 4.02.33
(1), (3), (4)
and (5)
I ss. 2.2.30. NRPA-2.03.08 C Revised in
(NRPA) & , Supp. 18 (Ord.
2.2.31. NBMO - 2.03.08 04-08)
(NBMO) D
I ss. 2.2.32, Chapter 2 2.03.07 - §§2.2.32.&
- 2.2.35. Overlay.. . 2,2.33. revised
in Supp. 16
(Ord. 03-27)
§§ 2.2.33. &
2.2.34. revised
in Supp. 17
lOrd. 03-55)
2.2.37. This section
has expired
and is no
longer needed
or included in
the UDC.
2.2.38. New district Revised in
§ 2.03.07 Supp. 18 (Ord.
04-08)
2.3. 2.3.1. This section is
not needed
and is
therefore not
included in the
UDC.
I ss. 2.3.2. Chapter 4 4.05.01 -
& 2.3.3. Generally
ss. 2.3.4. - Chapter 4 4.05.04 - Sec. 2.3.5.
2.3.12. Parking Space revised in
Requirements Supp. 18 (Ord.
04-08)
2.3.13. Chapter 1 1.04.04 C
ss. 2.3.14. These were
& 2.3.15. reserved
sections and
are not
included in the
UDC.
2.3.16. Chapter 4 4.05.09 - Revised in
Stacking Lane Supp. 16 (Ord.
Reauirements 03-27)
2.3.16.1. Chapter 4 4.05.08 Bicycle
Parkina...
55.2.3.17. Chapter 4 4.05.06 - § 2.3.19.
- 2.3.21. Loadina Space revised in
Page 148 of 160
Words stmek thro1:lgh are deleted, words underlined are added
Requirements Supp. 16 (Ord.
03-27).
§ 2.3,21.
revised in
Supp. 18 (Ord.
04-08 )
2,3,22. Chapter 4 4.05.07 -
Handicapped
Parking.. .
ss, 2.3.23. These were
& 2.3,24. reserved
sections and
are not
included in the
UDC,
2.4. 2.4,1. This section is
not needed
and is
therefore not
included in the
UDC.
2.4.2. Chapter 4 4.06.01 -
Generally
2.4.3. Note: 55. Chapter 10 Administrative § 2.4.3,6.
2.4.3.4. - procedures revised in
2,4.3.7. in Chapter. Supp, 16 (Ord.
Chapter 4 03-27)
(4.06.05) § 2.4.3.
revised in
Supp, 17 (Ord.
03-55)
2.4.4. Chapter 4 4.06.05 - §, 2.4.4.
General revised in
Landscape Supp. 17 (Ord,
Requirements 03-55)
2.4.4.14. Chapter 4 4.06.04 D.
Sub-section Chapter 4 4.06.01 -
2.4.4.16. Generally
2.4.5. Chapter 4 4,06,03 - § 2.4.5.
Landscaping revised in
Requirements for Supp. 17 (Ord.
Vehicular.. . 03-55)
2.4.6. Chapter 4 4.06.05 - § 2.4.6.5.
General revised in
Landscape Supp. 16 (Ord.
Requirements 03-27)
§§ 2.4.6.6. &
2.4.6.7.
revised in
Supp. 17 (Ord.
03-55)
2.4.7. Chapter 4 4.06.01 - §§ 2.4.7.2.,
Generally and 2.4.7.3. &
4.06.02 - Buffer 2.4.7.5.
Requirements revised in
Supp 17 (Ord.
03-55).
§§ 2.4.7.2. and
2.4.7.5.
revised in
Supp. 18 (Ord.
04-08)
2.5. 2.5.1. This section is
Page 149 of 160
Words struck through are deleted, words underlined are added
not needed
and is not
included in the
UDC.
ss, 2.5.2. - Chapter 5 5.06.01 - § 2.5.5.
2.5.4. Generally revised in
Supp. 17 (Ord.
03-55) and in
Supp. 18 (Ord.
04-08)
2.5.5 Chapter 5 5.06.04
Permitted
ss. 2.5.6. § 2.5.7. Chapter 5 5.06.03 - §§ 2.5.6.22. &
& 2.5.7. revised in Prohibited Signs 2.5,7.30.
Supp. 17 revised in
(Ord. 03-55) Supp. 16 (Ord.
03-27)
2.5.8. Chapter 5 5.06.04
I ss.2.5.9. Chapter 9 9.03.00 -
& 2.5.10. Nonconformities
2,5.11. Chapter 9 9.04.00 -
Variances
s2.5.12.& Chapter 10 10.02.06 -
2.5.13. Submittal
Requirements for
Permits
2.6. 2.6.1. Chapter 4 4.04.01 -
Generally
2.6.2. Chapter 4 4.02.03 -
Specific
Standards ...
ss. 2.6.3. - Chapter 4 4.02.01 - § 2.6.4.
2.6.4. Dimensional revised in
Standards for Supp. 16 (Ord.
Principal Uses in 03-27); §
Base Zoning 2.6.3. revised
Districts in Supp. 18
(Ord. 04-08)
2.6.2.4. Chapter 5 5.03.01 -
Canopy Tents
2.6.4.3. Chapter 9 9.04.00 -
Variances
2.6.4.4. Chapter 4 4.02.01 -
Dimensional St. . '
ss 2.6.5. & Chapter 4 4.04.01 -
2,6.6. Generally
2.6.7. 2.6.7.1. Chapter 2 2.01.00 A
2.6.7.2. Chapter 2 2.01.00 B
2.6.7.3. Chapter 2 2.01.00 C
2.6.7.4. Chapter 2 2.03.07 L
2.6.8. Chapter 1 1.04.01 -
Generally
I 2.6.9. Chapter 2 2.01.03 -
Essential
Services &
2.04.03 - Table
of Uses
2.6.10. Chapter 5 5.05.01 -
Businesses.. .
2.6.11. Chapter 5 5.03.02 -
Fences & Walls
2.6.12. Chapter 2 2.01.00 E
I 2.6.13. Chapter 2 2.01.02
Page 150 of 160
Words struek thrsttgh are deleted, words underlined are added
2.6.14. Chapter 2 2,04.00 -
Permissible,
Accessory,
Chapter 4 4.02.01 -
(CONTD.) Dimensional
Standards &
Chapter 5 5.03.03 -
Guesthouses
2.6.15. Chapter 5 5.03.04 - Revised in
Dumpsters Supp. 16 (Ord.
03-27)
2.6.16. Chapter 5 5.03.05 -
Caretaker.. .
2,6.17. Chapter 2 2.01.00 F
2.6.18, Chapter 2 2.01.00 G
I 2.6.19. Chapter 10 10.02.06 A
2.6.20. Chapter 5 5.02.00 - Home
Occupations
2.6,21, Chapter 5 5.03,06 - Dock Revised in
Facilities Supp.18 (Ord.
04-08)
2,6.21.2.7. Chapter 3 3,05.00 -
Vegetation.. .
2.6.22. Chapter 5 5.05.02 -
Marinas
I 2.6.23. Chapter 2 2.03.01 J
2.6.24. Chapter 5 5.04,02 -
Interim...
2.6.25. Chapters 2 2.04,00
and 5 5.05,03
2,6.26. Chapter 5 5.05.04 - Group
Housing
2.6.27. Chapter 4 4.02.02 -
Dimensional
Standards
I 2.6.28. Chapter 5 5.05.05 -
Automobile. . ,
Chapter 9 9.04.07 -
2.6.28.4. Specific Reqts.
2.6.29. Chapter 5 5.05.06 - Private
Airports
2.6.30. Chapter 4 4.07.06
2.6.31. Relocated to
Code of Laws
& Ord.
2.6.32. Chapter 4 4.02.01 -
Dimensional
Standards
2.6.33. Throughout Temporary Use
Chapter 5 - Process in
see below 10.02.06 G
Sub-section Chapter 5 5.03.05 - Revised in
2.6.33.3. Caretaker... & Supplement
5.04.03 - 16 (Ord. 03-
Temporary 27)
Uses.. .
I Sub-section Chapter 5 5.04.04 - Model
2.6.33.4. Homes.. .
Sub- Chapter 5 5.04.05 -
sections Temporary
Page 151 of 160
Words struck through are deleted, words underlined are added
2.6.33.6. - Events
2.6.33.9.
Sub-section Chapter 5 5.06.06 - Sign Added in
2.6.33.10. Standards for Supplement
Specific 18 (Ordinance
Situations 04-08 )
2.6.34. Chapter 5 5.04.06 - Annual
(see also Beach Events
Appx. G Permit
2.6.35. Chapter 5 5.05.09 - Revised in
Communication Supp. 18 (Ord.
Towers 04-08)
2.6,36. Chapter 5 5.05.07 -
Townhouse.. .
2.6.37. Chapter 4 4.01.02 - Revised in
Kitchens in Supp. 18 (Ord.
DwellinQ Units 04-08)
2.6.39. Chapter 2 2,03,07 - Overlay Added in
TORs· Zoning Districts Supp. 18 (Ord.
04-08).
2.6.40. Chapter 2 2.05.02 - Density Added in
Density Blending Supp. 18 (Ord.
BlendinQ 04-08)
2.7. Portions
revised in
Supp.16 (Ord.
03-27)
2.7.1. This section is
not needed
and is not
included in the
UDC.
2.7.2. 2.7.2.1. & Chapter 10 10.02.08 - Revised in
2.7.2.2. Submittal Supp.17 (Ord.
Requirements.. . 03-55)
2.7.2.3. - Chapter 10 10.03.05 - Notice Revised in
2.7.2.16. Requirements.. . Supp.17 (Ord.
03-55)
2.7.3. Chapter 10 10.02.13 - PUD Revised in
Procedures Supp. 17 (Ord.
03-55) and §
2.7.3.5.
revised in
Supp. 18 (Ord.
04-08)
2.7.4. Chapter 1 0 10.08.00 - Sec. 2.7.4.9.
Conditional Use revised in
Procedures Supplement
18 (Ordinance
04-08 )
I 2.7.5. Chapter 9 9.04.00 -
Variances
2.7.6. Chapter 1 0 10.02.06 -
Submittal. ..
2.7.7. Chapter 2 2.06.00 - AHDB Revised in
Supp.17 (Ord.
03-55)
2.8. Chapter 5 All in Portions of
§ 5.05.08 - Div. 2.8. were
Architectural carried over
Standards. into Div. 2.4.
EXCEPT by Supp. 17
2.8.3.3.2. 4.06.02 C lOrd. 03-55)
ARTICLE 3- DEVELOPMENT REQUIREMENTS
Page 152 of 160
Words struek th:føl:lgh are deleted, words underlined are added
LOC Division LOC Section LDC Sub· UDC Chapter UDC Section Other Notes
section
3.1. General 3,1.1. None This section
Overview was not
required or
included in tt
UDC
3.1,2. Fees None This section
was not
required or
included in th
UOC
3,2. 3,2.1. Title None This section
Subdivisions and Citation was not
required or
included in th
UOC
3.2.2, Chapter 4 4.03.01
Purpose
3.2,3, Chapter 1 1.04,01 Revised in
Applicability Supp. 18 (Orc
04-08)
3,2.4. Chapter 1 & 1.04.03 -
Exemptions Exceptions
Chapter 10 10.02.02 B
3.2.4.10. 10,02,02 B 10, 3.2.4.10. was
1.to 4., not required 0
Rural Area included in thE
Subdivision UOC
3.2.4.11. 10.02.02 B 11. 3.2.4.11. was
1.to 4., not required 0
Chokoloske included in thE
e Island UOC
Subdivision
3.2.5. General 3.2.5.1. Chapter 1 1.04.01
Requirements
3.2.5.2. Chapter 1 1.04.01
3.2.5.3. Chapter 4 4.03.02
3.2.5.4. Chapter 10 10.02.06 A.2.
3.2.6. Sub- Chapter 10 Revised in
division Supp. 18 (Ord
review procs 04-08 )
3.2.6.1. 10.02.01 A.
3.2.6.2. 10.02.04 A.
3.2.6.3. 10,02.05 A.
3,2.6.4. 10,02.05 B.
3.2.6,5. 10.02.05 C.
3.2.7. Chapter 1 0 10.02.04 - Revised/made
Preliminary Submittal optional in
subdivision Requirements Supp. 18 (Ord.
plat for Plats 04':08)
3.2.8. 4.03.02, Revised in
Improvement 4.04.01, Supp. 16 (Ord.
Plans 4.06.00 03-27) & Supp.
6.03.00 & 18 (Ord.04-08)
6.04.00
3.2.8.1. - Chapter 1 0 10.02.05-
3.2.8.2.
3.2.8.3.1. & Chapter 10 10.02.05 -
3.2.8.3.2.
3.2.8.3.4. Chapter 4 4.06.01
3.2.8.3.5. Chapter 1 0 10.02.05
3.2.8.3.6. Chapter 4 4.06.04
3.2.8.3.7. - Chapter 10 10.02.05
3.2.8.3.10.
3.2.8.3.11. Chapter 10 10.02.05
Page 153 of 160
Words struek through are deleted, words underlined are added
&
3.2.8.3.12.
3.2.8.3.13. Chapter 4 4.06.01
3.2.8.3.14. Chaoter 2 2.01.04
3.2.8.3.15. Chapter 10 10.02.05
&
3.2.8.3.16.
3.2.8.3.17. Chapter 6 6.06.02
3.2.8.3.18. Chapter 1 0 & 10.02.05 E.3(n)
and 4.06.01 C
Chaoter 4
3.2.8.3.19. Chapter 10 10.02.05 E.3
and 21
3.2.8.3.20 Chapter 6 6.06.03 &
and 22. 6.06.05
3.2.8.3.23. Chapter 6 6.01.00 -
3.2.8.3.24. Chapter 6 6.01.01 A
3.2.8.3.25. Chapter 6 6.04.01
3.2,8.3.26. Chapter 6 6.05.01
3.2.8.4. 3.2.8.4.1. - Chapter 6 6.05.02 Relocated inte
13., Construction
except Stds. Manual,
3.2.8.4.11. except as
noted.
3.2.8.4.14. Chapter 6 6.06.02 D. NOTE:3.2.8.4,
4. revised in
Supp. 16 (03-
27).
3.2.8.4.15. Chapter 6 6.01.03
3.2.8.4.16.; Construction
Streets Standards
Manual
Revised in
Supp. 17 (03-
55).
3.2.8.4.17. Chapters 6 6.06.03 -
Streetlights &
and 10 10.02.12 A
3.2.8.4.18. Chaoter 10 10.02.05 E.3.lr)
3.2.8.4.19. Chapter 6 6.01.01
3.2.8.4.20. - None Construction
3.2.8.4.22.; Standards
except Manual
3.2.8.4.22,
paragraph Chapter 10 10.02.05 E.4
11
3.2.8.4.23. Chaoter 6 6.04.01
3.2.8.4.24. Chapter 6 6.04.02
3.2.8.4.25. Chapter 4 4.06.05 E.3
3.2.8.4.26. Chaoter 4 4.06.05 E.4
3.2.9. Final Chapter 10 10.02.04 Revised in
subdivision Supp. 18 (Ord.
plat 04-08)
3.3. Chapter 10 Revised in
Site Supps. 16
Development 10.02.03 - (Ords. 03-27),
Plans Submittal Supp. 17 (03-
Requirements 55), and 18 (04
for SOP's 08)
3.3.1. This section
not required or
included in the
UDC
3.4. Relocated to
Explosives Code of Laws 8
Ord.; Ch 55, An
Page 154 of 160
Words stmek thFO\:1gh are deleted, words underlined are added
I., 55. 55-1 - 5
18
3.5. Excavation 3.5.1. -15.; Relocated to
Code of Laws
Ord.; 55. 22-1
except 22-119 NOTE
3.5,11.; Chapter 3 3.05.10 Revised in Su
Littoral Shelf 16 (Ord. 03-2~
Planting Area and Supp. 18
(Ord. 04-08)
3,6. Relocated to
Well Code of Laws
Construction Ord.; 55. 90-1
90-8.
3.7. 3.7.1. This section \IIi
Soil Erosion not required 01
Control included in thE
UDC
3.7.2, This section w
not required 01
included in thE
UDC
3.7.3, Chapter 10 10.02,02
3.8. Environ- Revised in SUI
mental Impact 18 (Ord. 04-0E
Statements
3.8,1. This section w
not required or
included in the
UDC
3.8.2. - Chapter 10 10.02.02
3.8.11.
3.9. Revised in Su~
Vegetation 18 (Ord. 04-08
Removal
3.9.1. This section Wi
not required or
included in the
UDC
3.9.2. Chapter 3 3.05.02
Exemptions
3,9.3. Chapter 3 3.05.02
Exemptions
3.9.4. -3.9.7 Chapter 3 3.05.07 Div. 3.9 Sectiol
Preservation ,numbering wm:
Standards greatly revised
Cycle 3, 2003
3.9.5. (prior to Chapter 3 3.05.04 - Revised in Sup
Cycle 3, Vegetation 16 (Ord. 03-27:
2003, then re- removal . . .
numbered to thru 3.05.07
3.9.8.
3.9.5.5. 3.05.07
(3.9.4. after
Cycle 3,
2003)
3.9.8. 3.9.8.1. ChaDter 3 03.05.04
3.9.8.2. Chapter 3 03.05.05
3.9.8.3. ChaDter 3 03.05.06
3.9.8.4. This section wa
not required or
included in the
UDC
3.9.9. Chapter 3 3.05.08 -
Requirement for
Removal. . .
Page 155 of 160
Words struek through are deleted, words underlined are added
3.9.10. Chapter 10 10.02.06 C -
(3.9.6, priar to. Submittal
Cycle 3, Requirements
2003) far Permits
3.9.10.2. Chaoter 10 10.02.06 D
3.9.11.; ss. 3.9.12. & Chapter 10 10.02.06 E-
numbered ss. 13, were Submittal
3.9.6.8. and created in Requirements
3.9.6.9. priar Cycle 3 & far Permits
to. 3rd Cycle, are in Ch.10
2003.
3.10. 3.10.1. This sectian VII
Sea Turtle nat required 0.
Protectian included in the
UDC
3.10.2. - Chapter 3 3.04.02 -
3.10.5. Species...
3.10.6. Chaoter 3 3.04.02 B.6
3.10.7. Chapter 3 3.04.02
3.10,8. This sectian w
(reserved) nat required 0.1
included in the
UDC
3.10.9. Chaoter 10 10.02.06. C
3.10.10. This sectian w
nat required ar
included in the
UDC
3.11. Chapter 3 3.04.00 - Revised in Su~
Endangered, Pratectian af 18 (Ord. 04-08
Threatened Endangered,
ar... Threatened.. .
3.11.3.2. & Deleted in Cyc
3.11.3.3. 3,2003
3.11.3.4. Chapter 3 3.04.02 -
Species
Soecific. "
3.12. 3.12.1. & These sectians
Caastal Zane 3.12.4. were nat requir
Management ar included in tl
UDC
3.12.2. Chapter 3 3.03.01 -
PUrDase
3.12.3. Chapter 3 3.03.02 -
Applicabilitv . '
3.12.5. Chapter 3 3.03.02 -
Applicabilitv
3.12.5.1. Chapter 10 Crass- Revised in Sup
referenced in 18 (Ord. 04-08)
3.03.04
3.12.5.2. Chapter 10 Revised in SUPI
18 lOrd. 04-08~
3.12.5.3. Chapter 3 3.03.05 - Sea
Level Rise
3.12.5.4. Chapter 3 3.03.06 - Native
Veaetatian.. .
3.12.6. Chapter ,3 3.03.07 -
Undevelaped
Caastal Barriers
3.12.8. Chapter 3 3.03.07 -
Undevelaped
Caastal Barriers
3.12.7. & These sectians
3.12.9. were nat require
or included in th
UDC
3.13. 3.13.1 This section wa~
Page 156 of 160
Words stmek thFtHlgh are deleted, words underlined are added
Coastal not required 01
Construction included in the
Setback UDC.
3,13.2. - Chapter 9 9.04.06 - Variances and
3.13,7. Specific Administrative
Requirements procedures
for Variance chapter
3.13.8 & Chapter 10 10.02.06 A - 3.13.8. revisec
3.13.9 Submittal Supp. 18 (Ord
Requirements 04-13)
for Permits
3.14. Vehicle Chapter 10 10.02.06 I. Revised in Su~
on the Beach 16 (Ord. 03-27
Requlations
3.15, Adequate Revised in Sur
Public 18 (Ord. 04-08
Facilities
3.15.1. This section w.
not required or
included in the
UDC
3.15.2. Chapter 6 6.02.01
3.15.3. Chaoter 6 6.02.01 0
3.15.4.; This section w.
reserved not included in
the UDC
3.15.5& Chapter 6 6.02.01 -
3.15.6. Generally &
6.02.02 -
Manaqement .
3.15.7. Chapter 10 10.02.07
3.16 3,16.1 3.16.1.1. - These sub-
Groundwater 3.16.1.3. sections were I
Protection required or
included in the
UDC
3.16.1.4. & Chapter 3 3.06.01 -
3.16.1.5. Purpose and
Intent
3.16.2. 3.16.2.1. & Chapter 3 3.06.01 -
3.16.2.1.1. Purpose and
Intent
3.16.2.1.2. Chapter 3 Throughout Ch.
3
3.16.2.1.3. Chapter 3 3.06.04 -
Groundwater
Protection
3.16.2.2. & Chapter 3 3.06.05 -
3.16.2.3. Annual Review
of Zones
3.16.2.4. Chapter 3 3.06.06 -
3.06.08
Page 157 of 160
Words struck thrO\:lgh are deleted, words underlined are added
3.16.2.5. Chapter 3 3.06.09 -
Protection of
Future
Wellfields
3.16.2.6. Chapter 3 3.06.10 -
Effects of...
3.16.3. Chapter 3 3.06.11 -
Exempted
Development
3.16.4. Chapter 3 3.06.12 -
Regulated
Development
3.16.5. Chapter 3 3.06.13 -
Countywide
Groundwater
3.16.6. Chapter 1 0 10.04.01 (B) -
Determination
of
Completeness
3.16.7. Chapter 10 10.02.06 (F) -
Submittal
Requirements
for Permits
3.16.8. Chapter 10 10.04.08 -
Modifications to
Pending
Applications
3.16.9. Chapter 10 10.02.02 (E) -
Submittal
Requirements
for All...
I 3.16.10. Chapter 10 10.04.11 -
Public Hearinas
3.16.11. Chapter 3 3.06.09 -
Protection of
Future
Wellfields
3.16.12. 3.16.12.1 Chapter 1 1.08.00
3.16.12.2 ChaDter 1 1.03.02
3.16.13. - Chapter 10 10.01.04 - Administrative
3.16.17. Deter. of procedures
Completeness chaDter
3.17. Relocated to
Post-Disaster Code of Laws l
Recovery & Or-d.; ss. 38-1 tl
Re- 38-12.
construction
Manaaement
ARTICLE 4 - IMPACT FEES
LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes
section ChaDter
4.1. - 4.7. These
provisions are
located in
Chapter 74 of
the Code of
Laws &
Ordinances,
and therefore,
are not
required to be,
and are not,
located in the
UDC.
Page 158 of 160
Words stmek thfø\:lgk are deleted, words underlined are added
ARTICLE 5 - DECISION-MAKING AND ADMINISTRATIVE BODIES
LDC Division LDC LDC UDC UDC Other Notes
Section Sub- Chapter Section
section
5.1. Board of County Chapter 8 8.02.00 -
Commissioners BOCC
5.2. Planning Chapter 8 8.03.00 -
Commission CCPC
5.3. Boarçl of Zoning Chapter 8 8.04.00 -
Appeals BZA
5.4. Building Board of Chapter 8 8.05.00 - Revised in Supp.
Adjustment and Appeals BOM 16 (Ord. 03-27)
5.5. & 5.6.; 5.8. ; & 5.10. These Divisions
- 5.12. Reserved were not required
or included in the
UDC
5.7. County Manager 5.7.1. This Section was
not required or
included in the
UDC
5.7.2. 5.7.2.1. This Section was
not required or
included in the
UDC, except for
5.7.2.1., relocated
to Sec. 2-78 (a)
(4), of the Code
of Laws & Ords.
5.9. CD&ES Division Chapter 8 8.09.00 -
CD&ES
5.13. Environmental Chapter 8 8.06.00 -
Advisory Council EAC
5.14. Historical/ Chapter 8 8.07.00 -
Archaeological HAPB
Preservation Board
ARTICLE 6 - DEFINITIONS
LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes
section Chapter
6.1. Rules of Chapter 1 1.03.00 Rules
Construction of
Construction
6.2. Chapter 1 1.08.00. A. Revised in
Abbreviations Supp. 18
(Ord. 04-08)
6.3. Definitions Chapter 1 1.08.00. B. Revised in all
three Supps.
(16, 17, and
18).
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding Section not affect the validity of the
remaining portion.
Page 159 of 160
Words strnek through are deleted, words underlined are added
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the
Land Development Code of Collier County, Florida. The sections of the Ordinance
may be renumbered or relettered to accomplish such, and the word "ordinance"
may be changed to "section," "article," or any other appropriate word.
SECTION SIX:
EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Department of
State, with the exception of Section 10.02.02 8.12., as proposed in Subsection 3
TT of this ordinance, shall become effective on September 8, 2005.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 8th day of June, 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, ,
'. "
.'- .... t þ
i",'¡ 1 ¡" . \ I.:: . I I
~. .l'_ 'r I
By:, ' "
=--: ~ ~t.~:; ~~: ~7~~r.ks
- _;>"" ,11i'1i~l¥fit.~~~ ~¡-
, 1 ~ ". . ." "'
. 'I ......... ,C..:T'.J"
1, . ·r:::>'
Approved as to form and
I?Z~,~
œBy:
~w.~
FRED W. COYLE, CHAIRMAN
Patrick G. White
Assistant County Attorney
This ordinance filed with the
t~tary afE Office the
~ day of I óXX)')
end ccknowl dgement f that
fj I' received t i day
of
~Jl
Page 160 of 160
Words struek thfOügh are deleted, words underlined are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-27
Which was adopted by the Board of County Commissioners
on the 8th day of June 2005, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of June, 2005.