Chapter 10 - Applications, Review and Decision Making Procedures10.01.00 GENERALLY
10.01.01 Purpose and Intent [Reserved]
10.01.02 Development Orders Required
A. Development Order Required. No on-site or off-site development or development related activities,
including site preparation or infrastructure construction, will be allowed prior to approval of the
otherwise required development order or development permit including, but not limited to:SDP,SIP,
Construction Drawings, or clearing permit, except where early work authorization or early construction
authorization has been approved.
B.Early Work Authorization (EWA). An EWA permit allows for limited development activities before a
development order is issued provided all underlying zoning approvals are in place. The Administra-
tive Code shall establish the submittal requirements to obtain an EWA permit.
1.An EWA permit may be approved by the County Manager or designee for 1 or more of the
following activities:
a.Vegetation removal (site clearing);
b.Excavations;
c.Site filling;
d.Construction of stormwater management facilities limited to ponds, retention/
detention areas, interconnection culverts, and swale systems;
e.Off-site infrastructure; and
f.Construction of a perimeter landscape buffer,berm, wall, or fence.
2.The County may issue an EWA permit for the allowed activities, subject to demonstrated
compliance with the following criteria, as applicable:
a.The proposed vegetation removal complies with LDC section 3.05.05 O;
b.County right-of-way permit has been approved;
c.A determination of native vegetation to be retained for landscaping which would
comply with LDC section 4.06.00;
d.An excavation permit has been approved;
e.A Soil Erosion and Sediment Control Plan demonstrating compliance with the
provisions of LDC section 6.01.05;
f.Copies of all approved Agency permits being submitted, including, but not limited to:
SFWMD, ACOE, USFWS, and FFWCC;
g.A vegetation bond in the form of a performance bond, letter of credit, or cash bond
and in the amount of $2,000.00 per acre is posted for stabilization with vegetation in
accordance with LDC section 4.06.04 A.3;
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h.Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.);
i.The EWA permit is valid for 60 days with the possibility of two 60-day extensions
dependent on the reason for the inability to gain proper approvals. After that time,
cleared areas must be graded off and hydro-seeded. Where more time is needed, a
new EWA may be requested;
j.All preliminary construction activities are at the risk of the developer.
C.Early Construction Authorization (ECA). An ECA permit may grant the applicant a conditional
building permit prior to development order approval subject to the criteria, limitations, and procedure
established in this section.
1.The ECA may be approved by the County Manager or designee if the following criteria are
met:
a.A form provided by the Collier County Growth Management Division is submitted that
clearly states the developer understands that all such preliminary construction
activities are at his/her own risk.
b.The zoning designation allows the use.
c.The proposed vegetation removal complies with LDC section 3.05.05 O, if applicable.
d.The site development plan, improvement plan or amendment application has been
submitted and reviewed and the first review comments are posted.
e.The building permit application and plans have been submitted, reviewed and the
portion of work to be authorized by the permit has been approved by the Collier
County Building Department.
f.The portion of work to be authorized for the permit has been approved by the Fire
authority having jurisdiction and in accordance with the Florida Fire Prevention Code.
g.Posting of a bond or other surety acceptable to the County, naming the County as the
insured, to make certain that any construction improvements, for all phases, will be
removed if the development does not receive the necessary final development
order approval.The bond or surety shall be in an amount equal to an estimated cost
prepared by the developer and approved by the County Manager or designee to
remove improvements granted by the ECA permit. If phased permits are approved,
the initial bond or surety shall be increased to cover the construction authorized by
the phased permit or a subsequent bond or surety shall be posted.
2.Limitations on construction activity.
a.The ECA permit allows approved construction to commence up to the first building
code inspection. Construction may continue following phased or complete building
permit approval by the Collier County Building Department and the Fire authority
having jurisdiction. All construction is subject to the time limitations identified in the
Florida Building Code, Permit intent, section 105.4.1.
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b.If the site development plan, improvement plan or amendment is denied by the
County, then the developer shall remove any improvements permitted by the ECA's
conditional building permit within 30 days of the denial. Failure to remove the
improvements within 30 days will result in the forfeiture of the bond or surety provided
for in 10.01.02.C.1.g.
3.Procedure.
a.The ECA permit application shall be reviewed by the Collier County Planning and
Zoning Department, the Building Department and the Fire authority having jurisdic-
tion through a combined submission process.
b.Failure to receive an approved site plan prior to the expiration of the building permit
shall result in the forfeiture of the bond or surety provided for in 10.01.02 C.1.g.
(Ord. No. 05-27, § 3.RR; Ord. No. 12-38, § 3.DD; Ord. No. 13-56, § 3.II; Ord. No. 18-18, § 3.O; Ord. No. 22-04,
§ 3.H)
10.01.03 Applicability and Exemptions [Reserved]
A.Generally
B.Exemptions
10.01.04 Fees Required
A.Fees and administrative surcharge for wellfield permits.
1.Fees.
a.The board shall establish, by resolution, an application fee for certificates to operate
and wellfield conditional use permits to cover the cost of the county's administration
and implementation regulations and prohibitions of this section.
b.It is the intent of this section that the cost of implementation be borne wholly by the
regulated development.
2.Administrative surcharge.
a.The board may, by resolution, impose a surcharge on:
i.Revisions and modifications of certificates to operate and wellfield conditional
use permits; and
ii.Appeals from adverse administrative determination.
b.The surcharge shall include a fee for the purpose of administering this section
including, without limitations, professional staff time in processing and revising the
application, petition or appeal and reasonable costs.It is the intent of this section that
such costs are wholly borne by the regulated development.
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3.Fee schedule.The fee schedule for applications for certificates of operate, petitions for
wellfield conditional use permits, appeals from adverse administrative determinations, and
revisions and modifications to any of the same, shall be posted in the office of the County
Manager, the department and shall be on file with the clerk to the board.
10.02.00 APPLICATION REQUIREMENTS
10.02.01 Pre-Application Conference Required
A. Subdivision review procedures.
1.Preapplication conference.Prior to formal filing of a preliminary or final subdivision plat, an
applicant shall confer with the County Manager or his designee to obtain information and
guidance. The purpose of such a conference is to permit the applicant and the County
Manager or his designee to review informally a proposed development and determine the
most efficient method of development review before substantial commitments of time and
money are made in the preparation and submission of the preliminary subdivision plat,
improvement plans, final subdivision plat, and related documents.
a.Preapplication.A written preapplication shall be submitted to the County Manager or
his designee at any time prior to the review of a proposed preliminary or final
subdivision plat. The written application shall contain the following:
i.Written statement.Ten copies, unless otherwise specified by the County
Manager or his designee, of a written statement generally describing the
condition of the property and the proposed development of the entire
subdivision. This statement shall include but is not necessarily limited to
data on existing covenants or restrictions, location of utility facilities and
public facilities, general soil characteristics, and other information describing
the subdivision proposed, such as number of parcels,lots, or tracts;typical
lot or other parcel configuration; water retention areas; public areas;
anticipated utility sources; zoning classifications; and any other information
needed for preparation and review of the preliminary subdivision plat.
ii.Plan.Ten copies, unless otherwise specified by the County Manager or his
designee, of a plan including the following: a location plan showing the
location of the land to be subdivided; approximate acreage; natural features
such as native habitat identified by vegetative cover and depicted in aerial
imagery; low or swampy areas; water bodies, streams, lakes, canals or the
like; identification of adjacent lands; a brief description of the land to be
subdivided; name, telephone number and address of owner and developer
and its representatives; date; north point;street; general lot and block
layout; layout of all adjoining streets; zoning classification of the property
proposed for subdivision and adjacent properties; location of existing
improvements; and any other significant features.
iii.Aerial photograph with overlay.Current aerial photograph of not less than 1
to 200 scale, with clear film overlay with proposed subdivision configuration
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10.02.01 A.1. 10.02.01 A.1.
superimposed upon it. In the rural, less populated areas of the county, a
minimum scale of 1 to 400 will be acceptable, upon request to the
development service director, if the 1 to 200 scale is not readily available.
b. Issues of discussion. Issues that shall be discussed at the preapplication conference
shall include but are not limited to the following:
i. Proposed development.The applicant should describe the general nature
of the proposed development, including, if applicable, proposed land uses
and their densities; proposed placement of buildings, structures, and
other improvements; character and location of common open space or
treatment of public uses; preservation of natural features; protection of
environmentally sensitive areas; proposed off-street parking and internal
traffic circulation; and total ground coverage of paved areas and structures.
ii. Review procedures. The County Manager or his designee shall identify
procedural review requirements for the proposed development and appli-
cable review requirements and standards in terms of this section that apply
to the review of the proposed development. This should include identifying
which decision-making body or bodies will review the application and the
approximate length of the development review procedure.
iii. Referral agencies. The County Manager or his designee will make a good
faith effort to identify the federal, state and local agencies that may be
required to review the proposed development,and if possible identify for the
applicant the name and title of persons at these agencies to contact about
review procedures, and generally describe the information which will be
needed to satisfy the concerns of the relevant federal, state and local
agencies.
iv. Application contents. In conformance with the requirements of this section,
the County Manager or his designee shall establish the contents of the
preliminary or final subdivision plat required to be submitted for the
proposed development. This shall include descriptions of the types of
reports and drawings required,the general form which the preliminary or final
subdivision plat shall take, and the information which shall be contained
within the preliminary or final subdivision plat and supporting documenta-
tion.
v. Application copies and fees. The County Manager or his designee shall
identify the number of copies of the preliminary or final subdivision plat
application that are required to be submitted for the proposed development,
along with the amount of the fees needed to defray the cost of processing the
application.
c. Summary.At the conclusion of the preapplication conference, the applicant shall be
presented with a written summary or checklist of the meeting by the County Manager
or his designee.
(Ord. No. 06-07, § 3.R)
Supp. No. 11 LDC10:7
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.02 10.02.02 A.S.
10.02.02 Infrastructure Standards and County Inspections
A. Road Construction.
1. Materials. Streets shall include a stabilized subgrade, base and wearing surface in
accordance with standards designated by the County Manager or designee and as shown in
the applicant's approved typical sections.
2. Utility Installation. After the clearing, grubbing, and grading has been completed within 6
inches of final subgrade of the roadway for a street,all underground work for the water mains,
sanitary sewers, storm sewers, gas mains, telephone, electrical power conduits and
appurtenances, and any other utility shall be installed across the width of the street to the
sidewalk area, or provisions shall be made so that the roadway or right-of-way will not be
disturbed by future utility installations.All underground improvements installed for the purpose
of future service connections shall be properly capped and backfilled.
3. Utility casings. All casings to be installed within the roadway section of a project must be
located at a depth at least 6 inches below the bottom elevation of the roadway stabilized
based course. All casings providing water service must extend to the intersection of the
right-of-way line and the lot line. Unless approved by the County Manager or designee
pursuant to the Collier County Utilities Standards and Procedures Ordinance 2004-31, as
amended, all casings required for the complete service of underground utilities to the
subdivision must be installed during the construction phase of the project.Any casing which
must be placed after completion of the roadway stabilization and paving shall have its method
of installation approved by the County Manager or designee.
4. Subgrade and shoulders. All subgrade and shoulders shall be stabilized to a depth of 12
inches and to the full width as shown on the applicant's approved typical section drawing.
The stabilized area must be free of muck, roots, and other objectionable material. The
subgrade and shoulders must be stabilized and compacted to obtain the minimum limerock
bearing ratio(LBR)of 40 LBR and at least 98 percent of maximum density as determined by
AASHTO T180. If the bearing value of the natural soil is less than that specified,the subgrade
and shoulders must be stabilized in accordance with section 160 of the Florida Department
of Transportation Standard Specifications for Road and Bridge Construction, as amended.
The construction of the subgrade and shoulders must generally conform to section 160 of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construc-
tion, as amended.
5. Base. The base shall be compacted limerock constructed to the thickness specified in the
applicant's approved typical section drawing for the class and type of road to be constructed,
and shall be built to the specified width and centered on the subgrade. Limerock used for the
base must meet the standard specifications for grade no. 2 limerock and must be compacted
to obtain at least 98 percent maximum density as determined by AASHTO T180. Construc-
tion and materials of the base must conform to sections 200 and 911 of Florida Department
of Transportation Standard Specifications for Road and Bridge Construction, as amended.
Alternate base courses that meet FDOT specifications may be considered and approved by
the County Manager or designee.
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6. Prime. The base must be primed with type RC-70 bituminous material of SS-1 (asphalt
emulsion) and shall comply with section 300 of the Standard Florida Department of
Transportation Specifications for Road and Bridge Construction, as amended.
7. Surface course. The surface course thickness and width shall be as specified in the
applicant's approved typical section drawings.The processing of the mixture and construc-
tion of the surface course must comply with sections 320, 330, and 334 of the Standard
Florida Department of Transportation Specifications for Road and Bridge Construction, as
amended.
8. Pavement striping.All work shall be in accordance with section 711 of the Florida Department
of Transportation Standard Specifications for Road and Bridge Construction, as amended.
9. Grass. All areas within the right-of-way not receiving the surface course must receive seed,
fertilizer, and mulch in accordance with sections 570, 981, 982 and 983 of the Standard
Florida Department of Transportation Specifications for Road and Bridge Construction, as
amended.Where sod is specified by the County Manager or designee for erosion control, it
shall be installed prior to preliminary acceptance of the roadway.
10. Construction in muck or clay areas. The design of streets proposed in excessive muck areas
shall be considered on an individual basis and may,where so directed by the County Manager
or designee, require the use of under drains. Alternate methods of construction may be
considered by the County Manager or designee based on a design study, containing soil
testing data, and recommendations prepared by a geotechnical engineer licensed to practice
in the State of Florida and supported by the applicant's professional engineer.
11. Alternative types of pavement,base,and subgrade. Alternate types of pavement, base, and
subgrade determined by the County Manager or designee to be equivalent to those specified
in this section may be approved. Application for such approval must be accompanied by
written data, calculations, and analysis which show, by generally accepted engineering
principles, that the alternate types are equal or superior to those specified.
B. Road Maintenance. The applicant shall be responsible for maintenance of the roads for the period
between preliminary and final acceptance.This includes workmanship, materials, and all repairs and
maintenance.
C. Pavement Samples,Testing,and Inspections by the County Manager or designee.
1. Pavement samples. The developer shall provide core samples of both the base course and
surface course of the completed public and private roadways prior to preliminary approval.The
core samples shall be taken at a maximum of 300 linear feet intervals and arrangements shall
be made to immediately replace the removed core materials to conform to the specifications
to the line and grade of the immediate surroundings' pavement surface.The core samples
shall be taken by an approved testing laboratory and/or professional engineer and certified as
to location and thickness measured.
a. A tolerance of one-quarter inch for pavement surface and one-half inch for base
course may be accepted.Any deviations more than these tolerances shall result in
withholding preliminary acceptance until such time that the pavement is brought up to
county standards.
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10.02.02 C.2. 10.02.03 A.2.
2. Testing. The applicant must have the subgrade and shoulders tested for compaction and
limerock bearing ratio (LBR) at intervals set forth in Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, as amended, or as directed by the
County Manager or designee.The subgrade and base, as specified in LDC section 10.02.02
A.4.and A.5, shall be tested for compaction by a certified engineering testing laboratory. Prior
to acceptance by the county, a copy of the test results along with a statement of compliance
issued by the testing laboratory, must be furnished to the County Manager or designee.
3. Inspection by the County Manager or designee. During construction, a field inspection shall
be made by the County Manager or designee. It is the applicant's responsibility to provide
written notice to the County Manager or designee when construction is ready for inspection.
(Ord. No. 13-56, § 3.JJ)
Editor's note—Ord. No. 13-56, § 3.JJ, adopted September 24, 2013, amended section 10.02.02 in its
entirety to read as herein set out. Former section 10.02.02, pertained to submittal requirements for all
applications. See Land Development Ordinance Disposition Table for complete derivation.
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof
A. Generally.
1. Purpose. The intent of this section is to ensure compliance with the appropriate land
development regulations prior to the issuance of a building permit.This section is further
intended to ensure that the proposed development complies with fundamental planning and
design principles such as:consistency with the county's growth management plan;the layout,
arrangement of buildings, architectural design and open spaces; the configuration of the
traffic circulation system, including driveways, traffic calming devices, parking areas and
emergency access;the availability and capacity of drainage and utility facilities; and, overall
compatibility with adjacent development within the jurisdiction of Collier County and
consideration of natural resources and proposed impacts on those resources.
2. Applicability.All development, except as identified in LDC section 10.02.03 A.3, is subject to
the provisions of this section.
a. No building permit or certificate of occupancy shall be issued except in compliance
with the following:
Approved site development plan or site improvement plan, and amendment
thereof;
ii. Approved nominal alteration plan; or
iii. Approved early construction authorization permit.
b. No final local development order shall be issued or renewed for any regulated
development that would allow development or change in use in violation of the LDC.
c. All final local development orders issued in violation of the LDC are deemed invalid,
and shall not confirm or vest any development right or property interest on the
owner/operator or regulated development.
Supp.No.21 LDC10:10
d.Violation of the terms identified in the approved site development plan, site
improvement plan, and amendments thereof shall constitute a violation of the LDC.
3.Exemptions from Site Development Plans and Site Improvement Plans.While the following
land use activities shall be exempt from the provisions of LDC section 10.02.03, they are not
exempt from other provisions of the LDC such as, but not limited to, landscaping, tree removal,
development standards, and the submission requirements attendant to obtaining temporary
use and building permits, unless otherwise stated in subsection 10.02.03 A.3.
a.Single-family detached and two-family housing structure(s)on a lot(s) of record
except as otherwise provided at section 4.02.02 (cluster development).
b. Townhouses developed on fee simple lots under individual ownership, provided that
a fee simple townhouse plat is approved in accordance with the provisions of LDC
subsection 10.02.04 B.2.a.4
c.Underground construction;utilities, communications and similar underground construc-
tion type activities.
d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation
systems, pump-houses where an early work authorization has been entered into with
the county except where a land alteration permit is required by the LDC.
e.Construction trailers and storage of equipment and materials following issuance of a
building permit for the use to which said activities are a function of, pursuant to LDC
subsection 5.04.03.Model homes and sales centers, except as otherwise provided by
LDC section 5.04.04.
f.Project entryway signs, walls, and gates.
g.Signage proposed for the project in conformity with LDC section 5.06.00, sign
regulations and standards.
h. Neighborhood parks, subject to the approval of a conceptual site plan depicting, on
a 24 by 36 sheet, all site clearing; improvements, including fences and walls,
playground equipment, walkways, picnic areas, and play areas; and minimum Code
landscaping (irrigation will not be required). For the purposes of review fees only, this
plan shall be treated as a conceptual site development plan, and the applicable
review fee shall apply.
i.Minimum landscape buffering. Under certain circumstances with neighborhood
parks, there may be underlying health, safety and welfare concerns that necessitate
deviation from the buffering required in section 4.06.02. The County Manager or
designee will determine, on a case-by-case basis, whether such deviation is
necessary.This determination will be made upon a request for determination from the
applicant, which must include all reasons that would justify the deviation.The County
Manager or designee will use factors including, but not limited to, the following when
making a determination for deviation:
(a)The geographic location of the neighborhood park;
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(b)The effects that a lack of buffering will have on neighboring uses; and
(c)The need to ensure that the public safety is maintained by providing law
enforcement and other policing entities clear view of the activities occurring
on the park premises.
4.Agricultural Exemptions.Due to its location or minimal impact on surrounding properties and
probable minimal impacts under the site development plan review standards contained in
section 10.02.03 B., standard application requirements as described in section 10.02.03 D.,
may be waived in part or in full by the County Manager or 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
E. addressing the application requirements deemed necessary by the County Manager or
designee shall be submitted to the Planning and Zoning Department for review and approval.
5. School Board Review Exemption.
a.School board review ("SBR") application contents.The SBR application submittal
will be in accordance with section 10.02.03 of the Code, but will be accorded an
expedited process as outlined in the Manual for County Consistency and Site Plan
Reviews of educational facilities and ancillary plants, as may be amended by
agreement between the Board of County Commissioners and the Collier County
School Board. This document is available in the Records Room of the Community
Development and Environmental Services Building.
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:
i.Collier County Utilities Standards and Procedures, Ordinance No. 04-31, as
may be amended. In accordance with this Ordinance, the following require-
ments must be met:
(a)That portion of the water and/or wastewater system that lies in the
public rights-of-way or in County utility easements ("CUE") shall be
conveyed to the Collier County Water/Sewer District prior to the
issuance of the certificate of occupancy.
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(b) All water and wastewater systems shall be built in accordance with
the Collier County Utility Technical Standards Manual in effect at the
time a SBR Letter of Compliance is requested.
(c) Chapters 3 and 10 of the code designed to protect local government
water supply wellfields from land uses that may pollute shall apply.
(d) Off-site improvements shall be in accordance with the current update
of the Water and Wastewater Master Plan and must include any
agreement necessary to assign the responsibility for the cost of
upsizing said water and/or wastewater facilities.
(e) The School District shall be responsible for all materials and/or real
property required for the water and/or wastewater system. Any
expansions and/or renovations to existing school facilities shall
require a review by the Collier County Engineering Services Depart-
ment to determine the need for a change in meter sizing and
additional grease traps.
(f) South Florida Water Management District(SFWMD) permits shall be
submitted prior to the issuance of an SBR approval.
ii. Compatibility review.The County will conduct a compatibility review that
will take into account the Architectural and Site Design Standards contained
within Section 5.05.08 of the LDC in effect at the time a SBR Letter of
Compliance is requested and that pertain to issues of compatibility with
surrounding uses, complementary patterns of development and mitigation
of negative impacts, limited to compatibility issues, external sidewalks and
pathway connections, lighting, dumpster location and screening and orien-
tation of buildings and ancillary facilities. In addition, The Utility Billing and
Customer Service ("UBCS") Department shall ascertain that there is ample
space for the trash dumpster(s) or compactor(s) and for the trash collection
franchisee to maneuver trucks in and out of the space allowed for the
dumpster(s) or compactor(s). With the exception of high school facilities, this
compatibility review will be a courtesy review. For high school facilities,this
will be a formal review process and is subject to the appeal process set forth
in this section 10.02.03(A)(3)(c) of the Code in the event that the County
denies the application based on non-compliance with the items listed in this
paragraph.
iii. Landscaping and buffering.. Chapter 4.06.00 of the Code in effect at the
time a SBR Letter of Compliance is requested shall apply. The County
Planning Staff will recommend an amendment to the code allowing admin-
istrative deviations from the landscaping and buffering standards for essen-
tial services such as Educational and ancillary plants. Specifically, the
County will recommend flexibility in the regulations for projects where there
will be joint use by the County Department of Parks and Recreation and the
School District. In the event that the BCC approves the recommended
amendment, administrative deviations may be granted provided the School
Supp. No. 5 LDC10:25
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 A.3. 10.02.03 A.3.
District can demonstrate that the intent of this section can be effectively —�
accomplished without meeting the specific development standards. The
reasons for deviations are set forth in this Chapter 10 of the code, but the
deviation shall be in the format required by Section 5.05.08 of the code.
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.
(b) The final SFWMD Environmental Resource Permit and all other
agency permits for wetlands must be submitted prior to a determi-
nation 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 LDC 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.
(f) An exotic vegetation Removal and Maintenance Plan must be
submitted and approved prior to final SBR approval. All exotic
vegetation shall be removed from the site of an Educational and
ancillary plant prior to the issuance of a Certificate of Occupancy.
(g) All environmental documentation must be submitted prior to a
sufficiency determination on a SBR application. Failure to submit the
required documentation will result in a determination of insufficiency
and the formal review process will not commence until such docu-
mentation is received and the application is deemed sufficient for
review.
v. All State Fire Code regulations as they relate to the site plan and in effect at
the time that a SBR Letter of Compliance is requested shall apply. The --�.
School District shall submit all building information necessary to determine
site requirements including, but not limited to, fire flow requirements and fire
sprinkler requirements.
Supp. No. 5 LDC10:26
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 A.3. 10.02.03 A.3.
vi. Collier County Stormwater Management Policies as follows:
(a) A Drainage Plan, signed and sealed by a Florida Professional
Engineer must be submitted along with design calculations in order
to determine the proposed development's effect on County main-
tained drainage facilities.
(b) SFWMD permits must be submitted prior to a determination that the
SBR application is sufficient for review.
(c) Easements for drainage improvements and access to them must be
submitted prior to SBR approval.When necessary, the School Board
will supply additional drainage easement area when necessitated by
increased capacity to accommodate the proposed development.
(d) If any dedications of easements for drainage, maintenance, and/or
access are required, all necessary documentation to record the
easement(s) shall be provided to the County prior to approval of the
SBR. Prior to the County's issuance of the Certificate of Occupancy,
such easements shall be approved by the BCC and officially
recorded.
(e) All proposed development activities will be fully in compliance with
the Interim Watershed Management regulations of LDC section
3.07.00.
vii. Public educational plants and ancillary plants are deemed to be essential
public services and as such are subject to a Capital Improvement Element
("CIE") review for a public facility adequacy analysis.
viii. Minimum yard setback requirements shall be 50 feet from all property lines
for principal structures and 25 feet from all property lines for any acces-
sory structures including portable classrooms.
ix. Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for
Public School Facility Planning, the School District and the County will jointly
determine the need for, and timing of, on-site and off-site infrastructure
improvements in conjunction with the determination of the consistency of the
site location with the GMP and the code, and will enter into a written
agreement at the preapplication stage, as to the timing and location, and the
entity or entities responsible for the cost, construction, operation and
maintenance of the required improvements. In reaching a determination
regarding responsibility for improvements, the parties will be guided as
follows:
(a) The School District shall be responsible for off-site improvements
that are determined to be necessary to mitigate the off-site impacts
of the educational plant or ancillary plant.The improvements shall
be constructed by the School Board at the School District's expense,
unless the School District requests otherwise in writing and the
Supp. No. 5 LDC10:26.1
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 A.3. 10.02.03 A.3.
County determines and agrees otherwise in writing. The School
District shall not be required to pay more than its proportionate share
of the cost of the off-site improvements necessitated by the educa-
tional plant or ancillary plant. Off-site improvements include, but
are not necessarily limited to, the widening of adjacent roadways
and the infrastructure relevant to same when necessitated to accom-
modate buses (if needed); construction of required deceleration turn
lane(s) at ingress(es) and egress(es) points and at any intersections
within the immediate vicinity of the school site which are adversely
impacted as a direct result of the same; and any other improvements
determined to be necessary by Collier County Transportation Ser-
vices Division and the Public Utilities Division.
(b) Turn Lanes. The School District will be responsible for turn lane
improvements adjacent to and/or in the vicinity of a site, including
the cost and construction of same. Necessary turn lane improve-
ment(s)determined by Collier County Transportation Staff shall be in
place prior to issuance of the first permanent certificate of occu-
pancy.When said turn lane improvement(s),whether left turn lane(s)
or right turn lane(s), are determined to be necessary, right-of-way
and/or compensating right-of-way shall be provided in conjunction
with said improvement(s), as determined by Collier County Trans-
portation Staff. All turn lane design criteria used shall be in accor-
dance with the minimum standards as adopted by the Florida
Department of Transportation ("FDOT") Design Standards as re-
quired by Chapter 316, Florida Statutes, as may be amended. The
turn lane queue length determinations shall be in accordance with
the criteria/calculations of Chapter 17 within the Highway Capacity
Manual. In conducting the aforementioned criteria/calculations the
length of school buses must be considered to adequately address
the turn lane queue length determinations.
(c) Sidewalks. As part of the SBR process, the School Board and the
County will develop a sidewalk plan which delineates the sidewalks
that are necessary in and around the project to establish the most
direct connection to an existing network of sidewalks. The School
Board shall collect funds through school impact fees to provide for
the development of these sidewalks as delineated in the sidewalk
plan. The School Board shall provide funds from these impact fees
to the County. The County will be responsible for the timing, cost,
construction, and maintenance of such sidewalks.
(d) The School District shall be responsible for the costs of any and all
traffic signal(s) constructed due to and/or as a result of the impacts
from an educational plant or ancillary plant, when it is determined
to be warranted and approved by Collier County Transportation Staff.
When warranted, upon the completion of the installation, inspection,
burn-in period, and final approval/acceptance of the traffic signal(s),
Supp. No. 5 LDC10:26.2
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 A.3. 10.02.03 A.3.
the traffic signal(s)will be turned over to the County, and will then be
operated and maintained by the County Transportation and Opera-
tions Department. Any negotiations relevant to "fair share" pay-
ment(s), or reimbursement(s), from any and all other neighboring
property owner(s), that directly benefit from the installation of the
traffic signal(s) will be determined based upon percentage of usage
and impact.
(e) All traffic control devices and design criteria used shall be in
accordance with the minimum standards and any amendments
thereto as adopted by the FDOT, as required by Chapter 316, Florida
Statutes.
(f) All traffic speed limit postings shall be in accordance with the
minimum standards and any amendments thereto as adopted by the
FDOT, and the Speed Zoning Manual as adopted by the FDOT and
as required by Chapter 316, Florida Statutes.
(g) The design of all transportation related improvements shall comply
with the minimum standards and any amendments thereto as
adopted by the FDOT, and as required by Chapter 316, Florida
Statutes.
Supp. No. 5 LDC10:26.3
(h)Any off-site improvements to be constructed by the School District,
even though not required by the County, shall be subject to review by
the Collier County Transportation Staff prior to construction to assure
compliance with County regulations.
(i)In the event the School District proposes to expand an existing
school site, Collier County Transportation Staff shall make its
recommendations as to improvements required to mitigate the
off-site transportation impacts, but only as they related to such
expansion.
c. School board review ("SBR") process.The SBR for School Board projects shall be
reviewed under the following expedited process:
i.The SBR application will be reviewed only as to the criteria set forth in section
10.02.03 A.3.a.
ii.The SBR application submittal must be in accordance with section 10.02.03
of the Code, but only as to those submittal requirements which are consistent
with the review criteria set out in section 10.02.03 A.3.
iii.The parties will develop a checklist that defines the items to be submitted for
a SBR review application.
iv.Prior to commencing construction or site preparation, the School District shall
request a pre-application meeting with the County.The County will schedule
a pre-application meeting with the School District within 3 weeks of a request
being submitted to the County.
(a)The County will review the development proposal for compliance
with the Letter of Consistency.
(b)The parties will discuss and enter into a written agreement as to the
timing and location and the entity or entities responsible for the cost,
construction, operation and maintenance of the required off-site
improvements. Any requirement that the BCC approve this written
agreement at a public hearing is not a prerequisite to the School
Board's ability to proceed with any County review that may be
required by the code or the interlocal agreement.
v.At least 120 days before commencing construction or site preparation, the
School Board shall submit the SBR plan for the proposed educational plant
or ancillary plant to the County for SBR approval.
(a)The County will have 14 days to determine whether the submittal is
complete and sufficient.If the application package is not sufficient for
review, the County will request additional information from the School
District.
(b)Once the application package is sufficient, the County shall have 90
days to complete the review and issue a Letter of Compliance.The 90
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:27Supp. No. 25
days may be extended upon agreement of the County and the
School District. Once an affirmative decision has been rendered, the
School District may obtain building permits and commence construc-
tion.
(c)Failure by the County to issue a Letter of Compliance within 90 days
after determining the application package is sufficient for review shall
be considered an approval.However, if within the 90 days the County
denies the application based on non-compliance with the relevant
standards of the code, the SBR shall be considered denied and the
School District is authorized to pursue an appeal.
vi.Letter of Compliance.After the expedited review and the County's determina-
tion of compliance with the terms of the Code and the interlocal agreement,
the County Manager or his designee, or his designee, shall issue a Letter of
Compliance, which shall evidence the County's approval of the SBR. In the
event that there is disagreement as to the School District's compliance with
any site plan requirement set forth in this section, the County Manager or his
designee shall, at the request of the School District Superintendent's
designee, provide the County's determination and the basis of it in writing to
the Superintendent's designee.Absent further successful negotiation on the
issues, the School District shall be authorized to appeal the decision of the
County Manager or his designee as described in the Appeals process below.
vii.The parties agree that the School District shall not request reviews and that
County review is not requested or required for the following:
(a)The placement of temporary or portable classroom facilities; or
(b)Proposed renovation or construction on existing school sites, with the
exception of construction that:
(i)changes the primary use of a facility;
(ii)includes a stadium;
(iii)results in a greater than 5 percent increase in K-12 student
capacity; or
(iv)encroaches upon the established setbacks as set forth in
this Agreement.
viii.Should the School Board place temporary or portable classrooms on a site,
the School Board will supply additional data to the Fire authority having
jurisdiction for review pursuant to Rule 69A-58, Florida Administrative Code.
In addition, the School Board will supply the Public Utilities Division with
additional data on temporary and portable classroom facilities relative to
concurrency issues related to water and sewer capacity and to the proper
sizing of water meters and grease traps. No other reviews will be required for
temporary or portable classroom facilities.
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:28Supp. No. 25
ix.SBR and consistency review Fees.The County will develop a review fee for
the processing of the SBR and consistency review applications submitted
by the School Board.The School Board will pay standard County review fees
for all other related project review services.
x.Appeals. In the event that the County denies the application based on
non-compliance with relevant standards of the code and the interlocal, or in
the event that the Superintendent's designee and the County Manager or his
designee disagree regarding the interpretation of the code provisions, the
School District may request an appeal to the BCC. However, appeals
regarding issues pertaining to the Fire Code will be made to the Board of
Appeals and Adjustments under the established procedures for this Board.
(a)The request for appeal shall be filed in writing with the County
Manager or his designee and must state the basis for the appeal
accompanied by any pertinent information, exhibits and other backup
information in support of the appeal.
(b)The BCC shall hold an advertised public hearing on the appeal and
must consider the decision of the County Manager or his designee,
the position of the School District and public testimony. If the BCC
upholds the decision of the County Manager or his designee, the
School District will then be authorized to pursue any legally available
action or remedy to resolve this matter. If the BCC supports the
position of the School District, the BCC will direct the County
Manager or his designee, or his designee, to issue a Letter of
Compliance that is consistent with the findings and conclusions
made by the BCC at the appeal hearing.
d. Consistency review.The following process will be followed with respect to future
educational plant and ancillary plant sites, prior to acquisition, for both the
determination of consistency with the Collier County GMP locational criteria and
whether the Plant is a permitted use,conditional use, or prohibited use in the zoning
district on the site. Consistency with all other Elements of the GMP will be reviewed
during the aforementioned SBR process.
i.The consistency review will be conducted as follows:
(a)Prior to the purchase of a site for an Educational or ancillary plant,
the school district will request a pre-application meeting with the
County.
(b)The County will schedule a pre-application meeting with the School
District within 3 weeks of a request being submitted to the County.
(c)The County will review the proposed site for consistency with the
FLUE, GGAMP, IAMP, as well as the LDC and fundamental planning
and design principles including compatibility with surrounding uses,
complimentary pattern of development, landscaping and buffering
concerns, stormwater management, configuration of the traffic circula-
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:29Supp. No. 25
tion systems, consideration of natural resources and mitigation of
on-site and off-site negative impacts. The County will provide a
consistency determination based only on the locational criteria of
the FLUE and whether the Plant is a permitted use,conditional use
or prohibited use in the zoning district on the site.Consistency with all
other Elements of the GMP will be determined during the SBR
Review process. The following additional information will be submit-
ted to determine major issues that may affect site feasibility:
(i)Land Use. A general location map showing surrounding
development with the property outlined, a recent aerial of
the site showing boundaries, source and date and a map
and summary table of existing land uses and zoning within a
radius of 300 feet from the boundaries of the subject
property.
(ii)Future Land Use Designation.A map of the subject property
designating each use, such as elementary, middle, or high
school and whether such use includes a stadium, with
acreage tables for each land use designation.
(iii)Environmental. A recent aerial and summary table of native
habitats and soils occurring on the site; a table of Federal
and State listed plant and animal species known to occur on
the site and/or known to inhabit biological communities
similar to the site.
(iv)Growth Management. Identification of any Area of Critical
State Concern and development of Regional Impact.
(v)Timing and Impact of development. Indication of whether
the proposed site is intended for inclusion in the School
Board's capital plan projection and if so, identification of the
year.
(vi)Public Facilities and Transportation. The School Board will
indicate the proposed existing level of service Standards
(LOS) and the School Board's provider and method of
treatment for potable water and sanitary sewer services,
Arterial and collector roads, drainage and solid waste
facilities. Where applicable, service availability letters will
also be provided. The School Board will provide a map
detailing the location of existing services and public utilities
that will served the proposed site.
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:30Supp. No. 25
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 A.4. 10.02.03 B.2.
(vii) The School Board will identify any flood zone, wellfield,
traffic congestion boundary, coastal management boundary
and high noise contours which relate to the proposed site.
(d) Within 45 days of the submission of the information outlined in
Section 10.02.03 A.3.d. i.(c) of this Code, the County will provide
written comments and recommendations to the School District along
with a determination of the site's consistency with the GMP locational
criteria and LDC zoning districts. Necessary on-site and off-site
improvements will be identified for these sites and the parties
responsible for these improvements to the extent this can be
determined during this locational consistency review.
(e) Letter of Consistency.After the County review, the County Manager
or his designee, or his designee, shall issue a Letter of Consistency
for the GMP locational criteria and whether the Plant is a permitted
use, conditional use or prohibited use in the zoning district on the
site, which shall evidence the County's determination of consistency
as required by Section 1013.33(11) Florida Statutes.
(f) After the County has determined that the site is consistent with the
GMP locational criteria and LDC zoning districts, the School
District shall have up to 1 year to acquire the site. Once the site is
acquired,the site shall be deemed to remain consistent regardless of
later changes to either the GMP or LDC.
(g) After the School District acquires the site and provides the necessary
documentation for the County to initiate an amendment to the GMP,
the County and School District will enter into a written agreement as
part of the pre-application process detailed in section 10.02.03
A.3.c.iv.(6) of the code, as to the timing and location, and the entity
or entities responsible for construction, operation and maintenance
of the required improvements.
B. Standards for Site Development and Site Improvement Plans.The County Manager or designee shall
review and consider all site development plans and site improvement plans in accordance with the
following standards:
1. Statements regarding ownership and control of the property and the development as well as
sufficiency of conditions regarding ownership and control, use and permanent maintenance
of common open space, common facilities, conservation/preservation areas, or common
lands to ensure the preservation of such lands and facilities will not become a future liability
of the county.
2. Development compliance with all appropriate zoning regulations and the growth manage-
ment plan. The ingress and egress to the proposed development and its improvements,
vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other
traffic, traffic flow and control, traffic calming devices, provision of services and servicing of
utilities and refuse collection, and access in the case of fire or catastrophe, or other
emergency.
Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a
PUD master plan or description of access or location of access points in a PUD ordinance,
Supp. No. 11 LDC10:31
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 B.2. 10.02.03 B.10.
does not authorize or vest access to the major road system. The location, design, capacity,
or routing of traffic for any specific access point will be determined by, and must comply with,
the regulations for site development in effect at the time of site development plan approval.
3. The location and relationship of parking and loading facilities to thoroughfares and internal
traffic patterns within the proposed development, considering vehicular and pedestrian
safety, traffic flow and control, access in case of fire or catastrophe, screening and
landscaping.
4. Adequacy of recreational facilities and open spaces considering the size, location, and
development of these areas with regard to adequacy, effect on adjacent and nearby
properties as well as uses within the proposed development, and the relationship to
community-wide open spaces and recreation facilities.
5. Adequacy of the proposed landscape screens and buffers considering preservation of the
development's internal land uses as well as compatibility with adjacent land uses.
6. Water management master plan on the property, considering its effect on adjacent and
nearby properties and the consequences of such water management master plan on overall
county capacities. Water management areas shall be required to be maintained in perpetuity
according to the approved plans.Water management areas not maintained shall be corrected
according to approved plans within 30 days.The engineer of record, prior to final acceptance,
shall provide documentation from the stormwater maintenance entity; indicating that said
entity has been provided information on how the stormwater systems functions and indicating
responsibility for maintenance of the system.
7. Adequacy of utility service, considering hook-in location and availability and capacity for the
uses projected.
8. Signage proposed for the project in conformity with LDC section 5.06.00, and a unified sign
permit shall be applied for with the submittal packet for the site development or site
improvement plan.
9. Architectural design of the building for all commercial developments located in any
commercial zoning district.
10. Outdoor serving areas shall be explicitly detailed on the site plan, showing layout of chairs,
tables, benches, bars and other serving area features as may be requested. The plan shall
clearly indicate that the location is unenclosed and provide information on hours of operation,
whether or not live performance music/amplified sound will be provided as entertainment and
the approximate distances of all adjacent residential zoning districts or residential uses within
2500 feet of the location.
a. The County Manager or designee may require additional landscape buffering beyond
LDC requirements, the relocation of the outdoor serving area to another part of the
development, the installation of sound attenuation devices, limitations to hours of
operation and further restrictions on outdoor entertainment and amplified sound
which, in their professional judgment, will help to mitigate the impacts of the outdoor
serving area on adjacent residential zoning districts and/or residential uses.
Supp. No. 11 LDC10:32
APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES
10.02.03 B.10. 10.02.03 D.1.
b. Within 30 days from an applicant's first designation of the use in a site development
plan, it shall be within the discretion of the County Manager or designee to deny
approval of such site development plan if, in the professional judgment of the County
Manager or designee, such use is believed to be not compatible with or has the
potential to cause a deleterious effect upon an adjacent residential use.
c. Notice of such denial shall be promptly mailed to the applicant for the site develop-
ment plan.The applicant and staff will meet at their earliest convenience to discuss
and attempt to resolve the compatibility issues,which can include,but is not limited to,
moving the questioned use to another location within the development.
d. Should the parties be unable to reach a solution,the matter will be promptly referred to
the Collier County Planning Commission.At a publicly noticed hearing, the Planning
Commission will review the proposed use and make a finding as to: (1) whether the
proposed use was intended for this site, and (2) whether such use can be made
compatible with the adjacent residential zoning districts and/or uses through the
imposition of certain conditions or restrictions, including but not limited to locating the
use to another location within the development, additional buffering, sound attenua-
tion devices, limitations on hours of operation, requirement of a vestibule, walls, and
relocation of dumpsters.
e. Should either the County or the applicant be unwilling to abide with the findings and
recommendations of the Planning Commission, the matter will then be forwarded to
the Board of County Commissioners for a public hearing,to be conducted in the same
manner as LDC Section 10.08.00,except that for notice purposes 10 days prior notice
by publication will be sufficient.
11. Such other standards as may be imposed by the LDC, the growth management plan or other
applicable regulations for the particular use or activity proposed.
C. Conceptual site development plan review and approval. At the request of the applicant and subject
to the applicable fee set forth in the schedule of fees,the Planning and Zoning Department will complete
a conceptual review and issue a written summary of issues of concern and conceptual approval.This
conceptual approval shall not mean that the project has received final approval,it shall only indicate that
the project is in substantial compliance with the requirements of the LDC and may be approved subject
to further review, changes and modifications.
D. Site Development Plan Requirements (SDP). A pre-application meeting shall be conducted by the
County Manager or designee prior to the submission of any site development plan for review.This
meeting may be waived by the County Manager or designee upon the request of the applicant.
1. Application.The Administrative Code shall establish the process and submittal requirements for
a site development plan.A site development plan application shall include, but not be limited to,
the following information in order to illustrate compliance with LDC standards and other State,
Federal, and local agency requirements.
a. Zoning designation of the subject and adjacent properties.
Supp.No.17 LDC10:33
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 D.1. 10.02.03 D.S.
b. Site plan with existing and proposed buildings and structures, including equipment,
permanent emergency generators and related fuel storage and screening, dimen-
sions, heights, setbacks, and separations.Parking, open space, preserves, and other
applicable land uses shall be identified on the site plan.
c. Architectural plans.
d. Environmental Data, as applicable.
e. Landscape plans.
f. Streetlight plans.
g. Transportation system, sidewalks, and pathways, including all ADA information.
h. Stormwater management plan including all technical specifications and design com-
putations.
i. Utility information, including existing and proposed facilities.
j. Trash and recycling information.
k. Building plans.
Information from the Fire Code, including Fire Hydrant Flow test report, if applicable.
m. Information from the Standard Building Code, including type of construction, number
N"" of stories,total square footage under roof, occupancy/use and fire sprinkler intentions
of all proposed structures so that a fire flow may be determined.
n. Site construction plans,including all technical specifications and design computations.
o. Any additional relevant information as may be required by the County Manager or
designee.
2. Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings
that are signed and sealed by a licensed architect registered in the State of Florida.
3. The engineering plans shall be signed and sealed by the applicant's professional engineer,
licensed to practice in the State of Florida.
4. The landscaping plans shall be signed and sealed by the applicant's landscape architect,
registered in the State of Florida.
5. Construction and Completion of Site Development Plan Improvements.
a. Pre-construction meeting.A pre-construction meeting shall be held prior to construc-
tion.All necessary permits and necessary applications requiring county approval and
other permitting and construction related items, including but not limited to the items
Supp.No.17 LDC10:34
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 D.5. 10.02.03 D.5.
noted below, shall be submitted prior to the pre-construction conference. If approved
by the County Manager or designee, an applicant may submit Federal, State and
local agency permits at the pre-construction meeting:
i. Florida Department of Environmental Protection water and sewer facilities
construction permit application.
ii. Excavation permit application.
iii. A Notice of Intent (NOI) to issue either a Florida Department of Transporta-
tion and/or a Collier County right-of-way permit.
iv. Blasting permit prior to commencement of any blasting operation.
v. South Florida Water Management District permit, if required, or, Collier
County general permit for water management prior to site development plan
approval.
vi. Interim wastewater and/or water treatment plant construction or interim
septic system and/or private well permits prior to building permit approval.
vii. Any additional state and federal permits which may be required prior to
commencement of construction, addressing the impacts on jurisdictional
wetlands and habitat involving protected species.
viii. All other pertinent data, computations, plans, reports, and the like necessary
for the proper design and construction of the development that may be
submitted.
ix. All necessary performance securities required by Collier County ordinances
in effect at the time of construction.
x. The following permits, if applicable require final approval and issuance prior
to the County pre-construction meeting:
(a) Florida Department of Transportation right-of-way Construction
Permit.
(b) Collier County right-of-way permit.
b. 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 LDC section 10.02.04 F. Calculations for the amount of the
security shall be determined as outlined in LDC section 10.02.04 F.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 Services Director.
Supp. No. 11 LDC10:35
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 D.S. 10.02.03 E.1.
c. Completion of site development plans. Upon completion of the infrastructure
improvements associated with a site development 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 LDC section 10.02.05
B.2. Upon a satisfactory inspection of the improvements, a certificate of occupancy
may then be issued.
E. Site Improvement Plan Requirements (SIP).
1. Criteria for site improvement plan review. A site improvement plan may be reviewed if the
development proposal meets all of the following criteria:
a. The project involves a site which is currently improved with principal structures,
parking facilities, water and sewer services, and defined ingress/egress.
b. The proposed use will not require an expansion of the existing impervious areas to
a degree which would require an engineering review or otherwise affect on-site
surface water management facilities as may be documented by waiver letters from
the South Florida Water Management District or Collier County where applicable.
c. Written documentation from appropriate agencies acknowledging that water and
sewer services are available at the site and are adequate to serve the proposed use.
d. Public utility ancillary systems in Collier County will be permitted as insubstantial
changes to the Site Development Plan or Site Improvement Plan approved for the
water treatment plant, wastewater treatment plant or other facility to which the
public utility ancillary systems are subordinate, provided that the requirements of
Section 5.05.12 are met. More than one (1) ancillary use may be permitted with one
(1) application provided that all uses are connected by the same pipeline. The
insubstantial change submittal shall include a signed and sealed boundary survey of
the property or lease parcel; a copy of recorded deed or lease agreement; a recent
aerial photograph of the project area; a master plan showing all public utility
ancillary systems subordinate to the main water treatment plant, wastewater
treatment facility, or irrigation quality (IQ) system; and a site plan prepared on a
twenty-four inch by thirty-six inch sheet drawn to scale and setting forth the following
information:
i. The project title, utility owner, address and telephone number.
ii. Legal description, scale, and north arrow.
iii. Zoning designation of the subject site(s) and adjacent sites and the
proposed use of the subject site.
iv. Location, configuration and dimensions of all building and lot improve-
ments.
v. Location and dimension of access point(s) to the site.
vi. Location of existing and proposed landscaping with specifications as to size,
quantity and type of vegetation.
Supp. No. 11 LDC10:36
vii.All required and provided setbacks and separations between structures in
matrix form.
viii.Any additional relevant information as may be required by the County
Manager or designee.
e.The change does not otherwise qualify for a NominalAlteration Plan (NAP), identified
in LDC section 10.02.03 G.3.
2.Application for site improvement plans. A pre-application meeting shall be conducted by the
County Manager or designee, prior to the submission of any site improvement plan for review.
This meeting may be waived by the County Manager or designee upon the request of the
applicant.
a.The Administrative Code shall establish the process and submittal requirements for
site improvement plans.
b.Projects subject to the provisions of LDC section 5.05.08 shall submit architectural
drawings that are signed and sealed by a licensed architect registered in the State of
Florida.
c.The engineering plans shall be signed and sealed by the applicant's professional
engineer, licensed to practice in the State of Florida.
d.The landscaping plans shall be signed and sealed by the applicant's landscape
architect, registered in the State of Florida.
3.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
applicant's engineer shall provide a completion certificate as to the improvements, together
with all applicable items referenced in LDC section 10.02.05 B.2. Upon a satisfactory
inspection of the improvements, a certificate of occupancy may then be issued.
F.Site plan with deviations for redevelopment projects.
1.Purpose.A site plan with deviations shall provide a means for a redevelopment project to seek
dimensional deviations, excluding height, architectural deviations, and deviations from site
features, such as but not limited to, landscaping, parking, and buffers, from the standards
established in the LDC when the passing of time has rendered certain existing buildings,
structures or site features nonconforming.
2.Applicability.A site plan with deviations may be requested for the redevelopment of a site
which meets the criteria for a site development plan, site development plan amendment or
a site improvement plan as established in LDC section 10.02.03. Except for the requested
deviations, the site development plan or site improvement plan shall comply with LDC
section 10.02.03. For purposes of this section, "Redevelopment" shall mean the renovation,
restoration, or remodeling of a building or structure, or required infrastructure, in whole or in
part, where the existing buildings,structures or infrastructure were legally built and installed.
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 E.1.10.02.03 F.2.______________________________________________________________________________________
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LDC10:37Supp. No. 25
3.Application.The Administrative Code shall establish the process and submittal requirements
for a site plan with deviations for redevelopment projects application.
a.Requested deviations shall be clearly delineated and justified in the petition. Project
enhancements to offset or minimize the deviations shall also be clearly stated.
b.Projects subject to the provisions of LDC section 5.05.08 shall submit architectural
drawings that are signed and sealed by a licensed architect registered in the State of
Florida.
c.The site construction plans shall be signed and sealed by the applicant's profes-
sional engineer, licensed to practice in the State of Florida.
d.The landscaping plans shall be signed and sealed by the applicant's landscape
architect, registered in the State of Florida.
e.The survey shall be signed and sealed by the applicant's professional surveyor and
mapper, registered in the State of Florida.
4.Staff review and recommendation.Based upon evaluation of the factors set forth in LDC
section 10.02.03 F.7. County Staff shall prepare a report containing their review findings and a
recommendation of approval, approval with conditions, or denial.
5.Public notice.Public notice of the hearing shall be as required by the LDC section 10.03.06 R.
and Chapter 6 of the Administrative Code.
6.Public hearing.The Hearing Examiner shall hold at least one public quasi-judicial hearing to
review the proposed site plan with deviations.
a.Review.The Hearing Examiner shall hear the petition following receipt of the staff
report and application by the Office of the Hearing Examiner.At the public hearing, the
Hearing Examiner shall consider the applicant's justification for the requested
deviations, the staff report, the standards of approval and any other relevant testimony
and evidence.
b.Decision.The Hearing Examiner shall render a decision to approve, approve with
conditions, or deny the requested deviations within 30 days of the public hearing. If
approved, or approved with conditions, the decision shall specifically note the
deviations and the basis for their approval.A decision by the Hearing Examiner shall
be rendered prior to the issuance of the approval letter by the County Manager or
designee for the site plan.
7.Standards for approval.The petition shall be reviewed for consistency with the following
standards:
a.Land uses and densities within the development shall be consistent with the
permitted and approved conditional uses in the zoning district.
b.The proposed development is consistent with the Growth Management Plan.
c.The development shall have a beneficial effect both upon the area in which it is
proposed to be established and upon the unincorporated area as a whole.
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 F.3.10.02.03 F.7.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:38Supp. No. 25
d.The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to serve its intended purpose.
e.Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural
features, vehicular parking and loading facilities, sight distances, landscaping and
buffers shall be appropriate for the particular use involved.
f.Visual character of the project shall be equal or better in quality than that required by
the development standards for the zoning district.The visual character of the project
shall be better in quality than the existing project before redevelopment and after it
was first permitted.
g.Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
h.Deviations shall be clearly delineated in the petition and shall be the minimum
required to achieve the goals of the project and comply with these standards.
i.The petitioner has provided enhancements to the development.
j.Approval of the deviation will not have an adverse effect on adjacent properties.
8.Timeframe.Time limits for site plans will be pursuant to LDC section 10.02.03 H.
G.Amendments and insubstantial changes.Any proposed change or amendment to a previously
approved site development plan shall be subject to review and approval by the County Manager or
designee. Upon submittal of a plan clearly illustrating the proposed change, the County Manager or
designee shall determine whether or not it constitutes a substantial change. In the event the County
Manager or designee determines the change is substantial, the applicant shall be required to follow
the review procedures set forth for a new site development plan.
1.Site development plan amendments (SDPA). A substantial change, requiring a site
development plan amendment, shall be defined as any change which substantially affects
existing transportation circulation, parking or building arrangements, drainage, landscaping,
buffering, identified preservation/conservation areas and other site development plan
considerations.
2.Site development plan insubstantial changes (SDPI).The County Manager or designee shall
evaluate the proposed change in relation to the following criteria; for purposes of this section,
the insubstantial change procedure shall be acceptable where the following conditions exist
with respect to the proposed change:
a.There is no South Florida Water Management District permit, or letter of modification,
needed for the work and there is no major impact on water management as
determined by the Engineering Services Director.
b.There is no new access proposed from any public street, however minimal
right-of-way work may be permitted as determined by the Transportation Planning
Director.
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 F.7.10.02.03 G.2.______________________________________________________________________________________
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LDC10:39Supp. No. 25
c.There is no addition to existing buildings (air-conditioned space) proposed, however
a maximum area of 300 square feet of non-air-conditioned space used for storage, or
to house equipment, will be permitted.
d.There is no proposed change in building footprint or relocation of any building on site
beyond that needed to accommodate storage areas as described in LDC section
10.02.03 G.2.c, above.
e.The change does not result in an impact on, or reconfiguration of, preserve areas as
determined by the Natural Resource Director.
f.The change does not result in a need for additional environmental data regarding
protected species as determined by the Natural Resources Director.
g.The change does not include the addition of any accessory structure that generates
additional traffic as determined by theTransportation Planning Director, impacts water
management as determined by the Engineering Services Director, or contains
air-conditioned space.
h.There are no revisions to the existing landscape plan that would alter or impact the
site development plan (as opposed to only the landscape plan) as determined by the
landscape architect.
i.The change does not otherwise qualify for a NominalAlteration Plan (NAP), identified
in LDC section 10.02.03 G.3., below.
3.Nominal Alteration Plan (NAP).The NAP can be utilized for changes to projects that have an
existing and approved SDP or SIP, and to projects that do not have an existing SDP or SIP.The
NAP is limited to one or more of the following changes:
a.The proposed change corrects a scrivener's error to an existing and approved site
development plan, or site improvement plan, and does not propose an addition to, or
modification, of the site layout. This includes the following:
i.Correction to the building square footage or building construction type;
ii.Correction to the parking summary; or
iii.Addressing changes.
b.The proposed addition or modification is limited to the following:
i.Mechanical air equipment and subsequent concrete pads;
ii.Permanent emergency generators;
iii.Above- or below-ground fuel tanks; or
iv.Carports or shade structures that do not increase impervious area calcula-
tions.
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 G.2.10.02.03 G.3.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:40Supp. No. 25
H.Time limits for review,approval,and construction of site development plans,site improvement plans,
and amendments thereof.
1.Site development plans, site improvement plans, and amendments thereof, will remain
under review so long as a resubmittal in response to a county reviewer's comments is received
within 270 days of the date on which the comments were sent to the applicant. If a response
is not received within this time, the application for the site development plan, site
improvement plan, and amendments thereof will be considered withdrawn and cancelled.
Further review of the project will require a new application subject to the then current LDC.
2.Approved site development plans, site improvements plans, and amendments thereof shall
remain in force for 3 years from the date of approval, as determined by the date of the approval
letter. If construction has not commenced within 3 years, the approval term will expire and the
approval of the site development plan, site improvement plan, and amendments thereof is of
no force or effect.An amendment to the SDP may be applied for and may be granted prior to
the original expiration date, so long as the proposed amendment complies with the LDC
requirements in force at the time of the SDP amendment submittal. Two-year extensions for
the approved site development plan, site improvement plan, and amendments thereof may be
granted. A maximum of 2 extensions may be granted before an amendment is required.
3.Once construction has commenced, the approval term shall be determined as follows. The
construction of infrastructure improvements approved under a site development plan, site
improvement plan, or amendments thereof shall be completed, and the project engineer's
completion certificate provided to the Engineering Services Director, within 30 months of the
pre-construction conference, which will be considered the date of commencement of
construction. Two-year extensions to complete construction may be granted. A maximum of
two extensions may be granted before an amendment is required and the extension is
reviewed for LDC compliance. Each request should provide written justification for the
extension and shall be submitted to, and approved by the County Manager or designee prior
to expiration of the then effective approval term.Thereafter, once the site development plan,
site improvement plan, or amendments thereof approval term expires the site development
plan, site improvement plan, or amendments thereof is of no force or effect.
I.Electronic data requirements for site development plans, site improvement plans, and amendments
thereof.After the final site plan has been approved by the County Manager or designee for compliance
with the LDC, as provided in this section, the applicant's professional engineer shall also submit
digitally created construction/site plan documents, 1 disk (CDROM) of the master plan file, including,
where applicable,easements, water/wastewater facilities, and stormwater drainage system. The
digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a NorthAmerican Datum 1983/1990
(NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida
registered professional surveyor and mapper.All information shall have a maximum dimensional error
of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information
layers shall have common naming conventions (i.e.right-of-way—ROW, centerlines—CL, edge-of-
pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily
understood by county staff.All property information (parcels,lots, and requisite annotation) shall be
drawn on a unique information layer, with all linework pertaining to the property feature located on that
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.03 H.10.02.03 I.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:41Supp. No. 25
layer. Example:parcels—All lines that form the parcel boundary will be located on 1 parcel layer.
Annotations pertaining to property information shall be on a unique layer. Example:Lot dimensions—
Lottxt layer.
(Ord.No.05-17, § 3;Ord.No.05-27, § 3.UU;Ord.No.06-07, § 3.T;Ord.No.06-63, § 3.QQ;Ord.No.07-67, § 3.S;
Ord.No.08-10, § 3.F;Ord.No.08-11, § 3.O;Ord.No.08-63, § 3.II;Ord.No.09-43, § 3.B;Ord.No.10-23, § 3.PP;
Ord. No. 12-38, § 3.EE; Ord. No. 13-56, § 3.KK; Ord. No. 13-58, § 1.B; Ord. No. 16-27, § 3.V; Ord. No. 18-32,
§ 3.E; Ord. No. 20-16, § 3.K; Ord. No. 21-05, § 3.M; Ord. No. 22-04, § 3.I)
10.02.04 Requirements for Preliminary and Final Subdivision Plats
This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3,
4, and 6.
A.Requirements for Preliminary Subdivision Plats (PSP).A preliminary subdivision plat provides an
overall scheme of development for a subdivision. It may be used when only one phase of a
multi-phased development is to be constructed. Except for an integrated phased development, a
preliminary subdivision plat is optional while a final subdivision plat is mandatory.
1.Generally.
a.Approved zoning. No preliminary subdivision plat shall be approved prior to final
approval of the zoning or planned unit development for the proposed subdivision.
However, the zoning application and the preliminary subdivision plat may be
processed concurrently by the County Manager or designee at the request of the
applicant.
b.No development shall be allowed prior to approval of the construction plans and final
subdivision plat, except for the early work authorization (EWA) permit and early
construction authorization (ECA) permit pursuant to pursuant to LDC section
10.02.00.
c. Integrated phased developments.A preliminary subdivision plat application shall
be submitted in accordance with this section for any integrated phased develop-
ment.
2.Application for preliminary subdivision plats.
a.The Administrative Code shall establish the process and submittal requirements for a
preliminary subdivision plat.
b.A preliminary subdivision plat shall include the entire property to be subdivided and
recorded.
c.The preliminary subdivision plat shall be prepared by the applicant's professional
engineer and professional surveyor and mapper.
d.The boundary survey for the preliminary subdivision plat shall be signed and sealed
by a professional surveyor and mapper registered in the State of Florida.
3.Review by County Manager or designee.County Manager or designee shall approve, approve
with conditions, or deny the preliminary subdivision plat utilizing the standards established
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.03 I.10.02.04 A.3.______________________________________________________________________________________
___________________________________________________________________________________________________________
LDC10:42Supp. No. 25
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.04 A.3. 10.02.04 A.6.
in LDC chapters 3, 4, 6, and other provisions of the LDC. The decision to approve with
conditions, or deny the preliminary subdivision plat may be appealed to the Board of County
Commissioners pursuant to Code of Laws and Ordinances section 250-58. If the County
Manager or designee should deny the preliminary subdivision plat, he shall state in writing
reasons for such denial and shall cite the applicable code or regulatory basis for the conditions
or denial.
4. Amendments.Any amendment to the approved preliminary subdivision plat submitted by the
applicant shall be reviewed according to the standards established in LDC chapters 3, 4, 6,
and other provisions of the LDC.The County Manager or designee shall have the authority to
approve amendments to the approved preliminary subdivision plat provided those amend-
ments are based on generally accepted, sound, professional engineering principles and
practices in the state.Amendments shall be made prior to the processing of the construction
plans and final subdivision plat. Requests for amendments shall be in writing in the form of
an amended preliminary subdivision plat and shall provide clear and convincing documenta-
tion and citations to professional engineering studies, reports or other generally accepted
professional engineering services in the state to substantiate the amendment requested.
5. Conditions. The County Manager or designee has the authority to approve requests for
substitutions to the design standards contained in the LDC provided those requests are based
on generally accepted, sound and safe, professional engineering principles and practices.
Requests for substitutions shall be made in writing and shall provide clear and convincing
documentation and citations to professional engineering studies, reports or other generally
accepted professional engineering sources to substantiate the substitution requested.
�.. 6. Timing of development. Within 2 years after the date of written approval or approval with
conditions of the preliminary subdivision plat, the applicant shall prepare and submit to the
County Manager or designee the construction plans and final subdivision plat for at least the
Supp.No.21 LDC10:42.1
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.04 A.6. 10.02.04 B.2.
first phase of the proposed subdivision. Each subsequent phase of the preliminary
subdivision plat shall be submitted within 2 years after the date of written approval of the
immediately preceding phase of the proposed subdivision.
a. Extensions. Two, 2-year extensions to submit the construction plans and final
subdivision plat shall be granted for good cause shown upon written application
submitted to the County Manager or designee prior to expiration of the preceding
approval.When granting an extension the County Manager or designee shall require
the preliminary subdivision plat be modified to bring the project into compliance with
the LDC at the time of the extension request.
7. No vested rights. It is hereby expressly declared that the intent of this section is to create no
vested rights in the applicant or owner of property which obtains approval of a preliminary
subdivision plat,and the County shall not be estopped to subsequently deny approval of the
construction plans and final subdivision plat based on changes in federal, state, or local
laws or regulations, or upon any other facts or circumstances subsequently arising or
considered which would adversely affect the feasibility or desirability of the preliminary
subdivision plat, nor shall the County be estopped to deny any rezoning in which a
preliminary subdivision plat is submitted in support of such rezoning.
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final subdivision
plats are commonly referred to as "plans and plat."
1. Generally. Final subdivision plat approval by the Board of County Commissioners is
required before a final subdivision plat can be recorded.
a. No final subdivision plat shall be approved by the Board until the construction plans
have been reviewed and accepted by the County Manager or designee, except for a
minor final subdivision plat pursuant to LDC section 10.02.04 D.
b. The review and approval of construction plans does not authorize the construction of
required improvements which are inconsistent with existing easement(s) of record.
c. The required improvements shall be completed prior to recordation of the final
subdivision plat unless the applicant files a subdivision performance security as
identified in LDC section 10.02.04 F with the County.
d. Where approval of construction plans and final subdivision plats will lead to the
level of service for any public facility being reduced below the level established by
the growth management plan for Collier County, the County shall deny approval to
proceed with development until the requirements of LDC section 10.02.07 have
been met.
2. Application for Construction Plans and Final Subdivision Plats.
a. The Administrative Code shall establish the process and the submittal requirements
for construction plans and final subdivision plats. For projects incorporating
townhouse development on fee simple lots, additional submittal requirements are
required and identified in the Administrative Code.All requirements established in this
section shall also apply to townhouse development on fee simple lots.
Supp. No. 11 LDC10:43
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.04 B.2. 10.02.04 B.3.
b. Construction plans for all of the improvements required by this section shall be signed
and sealed by the applicant's professional engineer, licensed to practice in the State
of Florida.
c. Final subdivision plats shall be signed and sealed by a professional surveyor and
mapper registered in the State of Florida. The final subdivision plat shall be
prepared in accordance with the provisions of F.S.ch. 177, as may be amended, and
shall be clearly and legibly drawn with black permanent drawing ink or a photographic
silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet.
d. The final subdivision plat shall conform to the approved preliminary subdivision
plat and shall constitute only that portion of the approved preliminary subdivision
plat which the applicant proposes to construct.
e. Improvements for construction plans and final subdivision plats are identified in the
LDC section 10.02.04 C, and are required in conjunction with the subdivision and
development of any and all property pursuant to LDC section 10.02.03 within the
unincorporated areas of the County.All required improvements shall be designed and
constructed in accordance with the design requirements and specifications of the
entity having responsibility for approval, including all federal, state, and local
agencies. Construction plans for final subdivision plats shall include at a minimum:
Streets, sidewalks, paving, grading, and stormwater management (drain-
age);
ii. Bridges and culverts;
iii. Water and sewerage systems, including, where applicable, water reuse/
irrigation pumping, storage and transmission/distribution systems;
iv. Street lighting. Plans for streetlights shall bear the approval of the utility
authorities involved. If the street lighting system is to be privately owned and
maintained by a property owners' association or similar entity, it shall be
designed by the applicant's engineer;
v. Landscaping within public rights-of-way, parks, recreational areas; and
vi. Parking areas.
3. County Manager review of construction plans and final subdivision plats.
a. The County Manager or designee shall review and evaluate the construction plans
and final subdivision plat in conformance with the LDC, in particular sections
10.02.04 B and 10.02.04 C, and F.S.ch. 177.The County Manager or designee shall
review and evaluate the construction plans and final subdivision plat in light of the
requirements established in the LDC and Administrative Code. Based on the review
and evaluation, the County Manager or designee shall approve, approve with
conditions, or deny the construction plans and final subdivision plat. If the
construction plans and final subdivision plat is denied, then the final subdivision
plat shall not be submitted to the Board until the construction plans and final
Supp. No. 11 LDC10:44
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.04 B.3. 10.02.04 B.4.
subdivision plat have been approved or approved with conditions by the County
Manager or designee.The approval of the County Manager or designee is subject to
Board approval, noted below.
b. If the constructions plans and final subdivision plat are approved or approved with
conditions by the County Manager or designee, the County Manager or designee
shall recommend that the Board approve, approve with conditions, or deny the final
subdivision plat. If the County Manager or designee denies or places conditions on
the construction plans or recommends denial or conditions on the final subdivision
plat, he shall state reasons and cite the applicable code or regulatory basis for the
decision.
c. Once the construction plans and final subdivision plats are submitted by the
applicant for review by the County Manager or designee, they will remain under
review so long as a resubmittal in response to a county reviewer's comments is
received within 270 days of the date on which the comments were sent to the
applicant. If a response is not received within this time, the application for
construction plans and final subdivision plat review will be considered withdrawn
and cancelled. Further review of the project will require a new application and the
appropriate fees paid by the applicant.
d. Digital submission.After the final subdivision plat has been approved by the County
Manager or designee for compliance with the LDC, as provided in this section, the
applicant shall resubmit 5 certified sets of the approved construction plans along
with approved copies of all required county permits. The applicant's professional
engineer shall also submit a set of digitally created construction/site plan documents,
1 disk (CDROM) of the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered professional surveyor and mapper. All
information shall have a maximum dimensional error of+0.5 feet. Files shall be in an
AutoCAD(DWG)or Digital Exchange File(DXF)format; information layers shall have
common naming conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-
pavement—EOP, etc.). For a plan to be deemed complete,the layering scheme must
be readily understood by county staff. All property information (parcels, lots, and
requisite annotation) shall be drawn on a unique information layer, with all linework
pertaining to the property feature located on that layer. Example: parcels—All lines
that form the parcel boundary will be located on 1 parcel layer. Annotations
pertaining to property information shall be on a unique layer. Example:lot dimensions—
Lottxt layer.
4. Board approval of the final subdivision plat.
a. Following approval or approval with conditions by the County Manager or designee,
the County Manager or designee shall place the final subdivision plat on the
consent agenda for its next available regularly scheduled Board hearing.The Board
shall consider approval of the final subdivision plat together with the approval of
Supp. No. 11 LDC10:45
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.04 B.4. 10.02.04 B.6.
standard form, Construction Maintenance Agreement, and approval of the amount of
performance security for the required improvements based on the estimate of
probable cost.
b. If all members of the Board consent to the recommendation of the County Manager
or designee, then the recommendation of the County Manager or designee on the
final subdivision plat shall remain on the consent agenda and the final subdivision
plat shall be approved. If any member of the Board objects to the recommendation
of the County Manager or designee or otherwise requests discussion on the
recommendation, then the recommendation shall be taken off the consent agenda
and may be discussed or scheduled for a subsequent hearing date.After due notice
of the hearing to the applicant, the Board shall hold a hearing on the final
subdivision plat. At the hearing, the Board shall consider the County Manager or
designee's recommendation and shall take evidence and testimony in regard to the
final subdivision plat requirements identified in LDC sections 10.02.04 B and
10.02.04 C, and other provisions of the LDC.The Board shall approve, approve with
conditions, or deny the final subdivision plat. If the Board of denies or places
conditions on the final subdivision plat, it shall state reasons for such denial or
conditions.
c. Approval of the final subdivision plat shall not constitute acceptance of public
dedicated facilities.Acceptance of any such dedicated public facilities and responsi-
bility for their maintenance shall be by separate resolution of the Board of County
Commissioners. See LDC section 10.02.05 C.3.
5. Insubstantial changes and amendments to construction plans and final subdivision plats.
a. Insubstantial Changes to Construction Plans(ICP). Following approval by the County
Manager or designee of the construction plans, the applicant may request insub-
stantial changes to the construction plans.
Application. The Administrative Code shall establish the process and the
submittal requirements for an insubstantial change to the construction plans.
Construction plans shall be prepared pursuant to LDC section 10.02.04 B.
b. Following approval by the Board of the final subdivision plat, but prior to recorda-
tion, the County Manager or designee may approve minor insubstantial changes to
the final subdivision plat. Insubstantial changes are insignificant to the project, such
as a correction or change on the cover sheet.
c. Following approval by the Board of the final subdivision plat, but prior to recorda-
tion, the Board may approve amendments to the final subdivision plat. This is
commonly referred to as a "PPLA."
i. Application. The Administrative Code shall establish the process and the
submittal requirements for the final subdivision plat amendment. The final
subdivision plat shall be prepared pursuant to LDC section 10.02.04 B.
6. Relationship of Final Subdivision Plats to Site Development Plans. No site development
plan may be accepted for concurrent review with a preliminary subdivision plat. Once the
Supp. No. 11 LDC10:46
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.04 B.6. 10.02.04 C.12.
�,. preliminary subdivision plat has been approved,site development plans may be submitted
for review concurrent with the submittal of the final subdivision plat. No site development
plan may be approved until the final subdivision plat receives administrative approval, and
no building permits may be issued until the final subdivision plat is recorded, unless
otherwise provided for in the LDC.
7. Timing of recording and development.
a. Recording. Within 18 months of the date of approval of the final subdivision plat by
the Board, the applicant shall submit the final subdivision plat to the County
Manager or designee for recording.
b. Required improvements to be completed. The improvements required for the final
subdivision plat shall be completed within 18 months from the date of approval by
the Board unless a written extension request is approved by the County Manager or
designee.
c. Integrated phased development. Each subsequent phase of the project shall be
submitted within 2 years following the date of written approval of the most recently
approved final subdivision plat in accordance with LDC section 10.02.04 A.6.
C. Required Improvements.The following improvements in this section are required in conjunction with
the subdivision and development of any and all property pursuant to section 10.02.03 and 10.02.04
within the unincorporated areas of Collier County.
1. Elevation, land filling, excavation,and demolition requirements for all development, pursuant
to LDC section 4.01.01.
2. Monuments and control points, pursuant to LDC section 4.03.07.
3. Streets and access improvements, pursuant to LDC section 4.03.08 A. All subdivision
streets, access improvements and related facilities, whether public or private, required to
serve the proposed development shall be constructed by the applicant.
4. Water management system, pursuant to LDC section 4.03.08 B.
5. Fire hydrants, pursuant to LDC section 6.04.03.
6. Canals, pursuant to LDC section 6.05.01 E.
7. Bridges and culverts, pursuant to LDC section 6.06.01 M. The bridge or culvert design shall
be prepared by a professional engineer.
8. Landscaping and buffers, pursuant to LDC section 6.06.01 0.1.
9. Plantings,trees,and grass for landscaping and buffers, pursuant to LDC section 6.06.01 0.2.
10. Pavement painting and striping, pursuant to LDC section 6.06.01 Q.
11. Traffic control devices, pursuant to LDC section 6.06.01 R.
12. Sidewalks, pursuant to LDC section 6.06.02.
Supp. No. 14 LDC10:47
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.04 C.13. 10.02.04 D.2.
13. Streetlights, pursuant to LDC section 6.06.03.
14. Sanitary sewer systems, pursuant to Collier County Utilities Standards and Procedures
Ordinance 2004-31, as amended.
15. Parks, protected areas, preservation areas, conservation areas, recreational areas, and
school sites.
a. Parks, protected areas, preservation areas, conservation areas. Parks, protected
areas, preservation areas and conservation areas shall be dedicated and/or con-
veyed in accordance with applicable mandatory dedication requirements and regu-
lations of federal, state and local agencies.
b. Recreational areas. Recreational areas shall be dedicated and/or conveyed in
accordance with applicable mandatory dedication and/or conveyance requirements
and regulations of federal, state and local agencies.
c. School sites. School sites shall be dedicated and/or conveyed in accordance with
applicable mandatory dedication and/or conveyance requirements and regulations of
federal, state and local agencies.
16. Shoreline and waterway alterations and additions. All requests for the construction of
seawalls, bulkheads, shoreline and waterway alterations and additions shall be submitted
to the County Manager or designee. After review by the County Manager or designee the
proposed facility or alteration shall be approved, approved with conditions or denied.The use
�-- of vertical seawalls as a method of protecting shorelines and lands adjacent to waterways
shall be discouraged except for development lakes, and applicants shall be encouraged to
utilize alternate methods of accomplishing shoreline protection and waterway facilities
installation. Whenever possible, all proposed construction of seawalls, bulkheads, shoreline
and waterway alterations and additions shall be designed to afford the maximum protection
to the environment of the area.Any state or federal permits required for construction must be
submitted to the County Manager or designee prior to the commencement of construction.
D. General Requirements for a Minor Final Subdivision Plat (FP).
1. Generally. Minor final subdivision plat approval may be requested as an alternative to
construction plans and final subdivision plat if the following criteria are met:
a. No preliminary subdivision plat is submitted or approved.
b. Required improvements are not required for the subdivision.
c. No security performance bond is required for the subdivision.
d. No phasing is required or proposed for the subdivision.
2. Application and process.
a. The Administrative Code shall provide the process and submittal requirements for a
minor final subdivision plat. Minor final subdivision plats shall be in conformance
with F.S. ch. 177 and the LDC, as applicable.
Supp. No. 14 LDC10:48
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.04 D.2. 10.02.04 F.2.
b. Minor final subdivision plats shall be signed and sealed by a professional surveyor
and mapper registered in the State of Florida.The minor final subdivision plat shall
be prepared in accordance with the provisions of F.S. ch. 177, as may be amended,
and shall be clearly and legibly drawn with black permanent drawing ink or a
photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100
feet.
c. Minor final subdivision plats shall be reviewed and approved pursuant to LDC
section 10.02.04 B.3—B.4 as applicable.
d. Minor final subdivision plats shall be recorded pursuant to LDC section 10.02.04 F.
E. General Requirements for Construction Plans (CNSTR).
1. Generally. Construction plan approval may be requested when no platting or recording of
property is required.This process allows for the review of construction plans separate from a
final subdivision plat.
a. The review and approval of construction plans does not authorize the construction of
required improvements which are inconsistent with existing easement(s) of record.
2. Application and process.
a. The Administrative Code shall provide the process and submittal requirements for
construction plans. Construction plans shall be in conformance with LDC section
10.02.04 B and C, as applicable.
b. Construction plans for all of the improvements shall be signed and sealed by the
applicant's professional engineer.
c. Construction plans shall be reviewed and approved pursuant to LDC section
10.02.04 B.4, as applicable.
3. Insubstantial changes. An applicant may request insubstantial changes pursuant to LDC
section 10.02.04 B.5.a.
F. Recordation of the Final Subdivision Plat.
1. Generally. No building permits for habitable structures shall be issued prior to approval by
the Board of County Commissioners and recordation of the final subdivision plat, except as
provided in LDC sections 5.04.04 and 10.02.04 B.6, as applicable.
2. Posting of subdivision performance security at the time of recording.
a. The final subdivision plat shall not be recorded until a subdivision performance
security for the construction of the required improvements, both on-site and off-site,
has been posted by the applicant and approved and accepted by the Board or the
County Manager or designee on behalf of the Board.
Supp. No. 14 LDC10:49
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.04 F.2. 10.02.04 F.3.
b. The applicant's professional engineer shall prepare an opinion of the probable
construction cost or the actual contractor's bid price, which includes the cost of all
required improvements, to determine the amount of the subdivision performance
security.
i. If no construction of the required improvements has begun at the time of
posting of the subdivision performance security, the security shall be an
amount equal to 110 percent of the sum of construction costs for all on-site
and off-site required improvements based on the applicant's professional
engineer's opinion of the probable construction costs or contract bid price.
ii. If construction of the required improvements has begun at the time of posting
the subdivision performance security, the security shall be in an amount
equal to 10 percent of the applicant's professional engineer's opinion of the
probable construction cost or contract bid price, plus 100 percent of the
required improvements to be completed, such as the final lift of asphalt and
uncompleted sidewalks.
iii. If construction of all required improvements has been completed and
accepted by the Board at the time of recording, only a performance
maintenance guarantee at an amount equal to 10 percent of the applicant's
professional engineer's opinion of the probable construction cost or contract
bid price shall be provided.
iv. No subdivision performance security shall be required where improvements
are to be constructed by a general-purpose government such as a county or
municipality, a local school district, or state agency. A subdivision perfor-
mance security shall be required of an independent special-purpose govern-
ment such as a community development district (CDD).
c. The subdivision performance security shall be prepared pursuant to Appendix A of
the LDC and shall be one of the following forms:
i. Construction, maintenance, and escrow agreement, or
ii. Construction Maintenance Agreement and one of the following:
(a) Cash deposit agreement with the County, or
(b) Irrevocable standby letter of credit, or
(c) Surety bond.
d. Once the form of a subdivision performance security has been approved and
accepted by the Board, alternate securities, in a format approved by the County
Attorney, may be approved by the County Manager or designee, on behalf of the
Board.
3. Recordation Procedure.After approval of the final subdivision plat by the Board, but prior to
the recording of the final subdivision plat with the clerk of the circuit court,the following shall
occur:
a. The applicant shall obtain all of the signatures on the original plat cover sheet(s)that
are associated with the applicant's obligations and shall submit the original final
subdivision plat, and any separate consents, or opinions or certifications of title, to
+- the County Manager or designee.
Supp. No. 14 LDC10:50
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.04 F.3. 10.02.04 F.3.
�... b. The applicant shall provide 3 copies and 1 mylar of the recorded final subdivision
plat and accompanying documents to the County Manager or designee.
c. Simultaneously with the submission of the executed final subdivision plat to the
County Manager or designee,the applicant shall also submit in accordance with F.S.
ch. 177, at no expense to the County, either a title opinion from an attorney licensed
to practice in the State of Florida or certification from a title company. The effective
date of the title opinion or certification must be no more than 30 days prior to the
submission of the final subdivision plat to the County Manager or designee and
must contain all of the following:
i. A legal description of at least the lands being platted;
ii. A statement that the attorney is licensed to practice in the State of Florida and
that the attorney has examined title to the subject real property, if a title
opinion is being provided;
iii. Identification of the exact name of any person who is the record owner of the
subject real property and a specific citation to the official records book and
page, where each record legal owner obtained title to the subject real
property. The title information shall include a copy of said instrument(s) of
conveyance; and
iv. Identification of liens, encumbrances, easements, or matters shown or that
should be shown as exclusions to coverage on a title insurance policy. As
may be applicable,the title information shall include in a neatly bound fashion
and make citation to the recording information of all referenced liens,
encumbrances,easements,or exclusions.The title information shall include
a copy of any such instruments.
d. Payment of recording and copy fees. Upon compliance with this section and payment
of fees by the applicant, the County Manager or designee shall record the final
subdivision plat with the clerk of the circuit court in the official records of Collier
County, Florida.
e. Construction and Maintenance Agreement.The applicant shall enter into a construc-
tion and maintenance agreement with the County, in a form acceptable to the County
Attorney, which establishes the terms and conditions for the construction and
maintenance of the improvements required during the 18-month construction period
or a time frame established in an approved extension request by the County Manager
or designee. This agreement shall be submitted with the final subdivision plat for
review and approval and shall be executed by all parties at the time of recording of
the final subdivision plat.
f. Recording of other documents. If any dedications,grants,conveyances,easements,
consents (including mortgagee consents), reservations, covenants, or other like
instruments are to be recorded by separate instrument simultaneously with the final
subdivision plat, appropriate fees and original documentation must be provided by
Supp. No. 14 LDC10:51
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.04 F.3. 10.02.05 A.2.
.,, the applicant to the County Manager or designee for processing and recording by
the clerk of court.All documents shall be submitted prior to or at the time of recording
of the final subdivision plat.
g. Supporting "gap" title information. Within 60 days of recordation of the final
subdivision plat in the official records of Collier County, Florida,the applicant,at no
expense to the County, shall submit to the County Manager or designee final
supporting "gap" title information. The final supporting title information must meet all
of the requirements of 10.02.04 F.3.c, except as to the effective date. Receipt and
approval of the "gap" title information is a condition precedent to preliminary
acceptance of subdivision improvements by the Board.
h. The effective date of the supporting "gap" title information must be through the date
of recordation of the final subdivision plat and must, at a minimum, cover the "gap"
between the time the effective date of the information required by 10.02.04 F.3.c
above, when submitted and the date of recording of the final subdivision plat. The
final supporting "gap" title information must include a copy of any required instru-
ments not previously provided in connection with submittals for the recording of the
final subdivision plat.
G. Vacation and annulment of subdivision plats. Vacation and annulment of a subdivision plat shall
be in accordance with F.S. ch. 177.101, as may be amended, and Collier County Resolution
2006-160, as amended.
(Ord. No. 04-72, § 3.AA; Ord. No. 05-27, § 3.VV; Ord. No. 06-07, § 3.U; Ord. No. 06-63, § 3.RR; Ord. No.
07-67, § 3.T; Ord. No. 08-10, § 3.G; Ord, No. 08-63, § 3.JJ; Ord. No. 10-23, §3.QQ; Ord. No. 12-38, §3.FF;
Ord. No. 13-56, § 3.LL; Ord. No. 15-44, § 3.J)
10.02.05 Construction, Approval, and Acceptance of Required Improvements
A. Construction of Required Subdivision Improvements.
1. Pre-Construction Meeting. Prior to the commencement of construction of the required
improvements, a Pre-Construction meeting shall be held. The applicant shall request the
Pre-Construction meeting and provide at least 48 hours for the Pre-Construction meeting to
be scheduled by the Engineering Services Department. The Pre-Construction meeting shall
be attended by representatives of the county, utility companies, the applicant's professional
engineer of record, the contractor, and the developer. At the Pre-Construction meeting, a
schedule of construction, and all approved County plans shall be provided by the applicant.
Copies of all state and federal permits shall be provided by the applicant to the County
Manager or designee prior to commencement of construction.
a. Should any construction commence on a project prior to the Pre-Construction
meeting, the County Manager or designee, in addition to other available remedies,
shall have the right to require partial or full exposure of all completed work for
observation, inspection, and verification that it was installed in accordance with the
approved construction plans.
2. Commencement of construction. Following the Pre-Construction meeting the applicant may
begin construction of the required improvements. The applicant shall notify the County
Manager or designee in writing at least 48 hours in advance of the date of commencement of
�- construction.
Supp. No. 14 LDC10:52
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.05 A.3. 10.02.05 B.1.
3. Observation of construction by the applicant's engineer. The applicant shall have the
applicant's professional engineer or engineer's representative make periodic site visits at
intervals appropriate to the various stages of the required construction to observe the
contractor's compliance with the approved construction plans and specifications.
4. Construction inspections by the County Engineer or designee.A list of standard inspections
which require the presence of the County Engineer or designee shall be provided in the
construction plans approval letter provided by the County Manager or designee and
discussed at the Pre-Construction meeting.The following procedure shall apply:
a. The applicant shall be responsible for the notification to the County Engineer or
designee prior to the required inspections, including prior to any paving or concrete
work associated with roads or sidewalks.At least 48 hours' notice shall be provided
to the County Engineer or designee to allow for scheduling of an inspection. Verbal
confirmation of an inspection time or a request for rescheduling will be made by the
County Engineer or designee for each notification.
b. "Spot inspections" by the County Engineer or designee may be carried out without
notice on all construction to ensure compliance with the approved construction plans.
At any time, if the County Engineer or designee finds construction in progress which
does not comply with the procedures, policies and requirements contained in the LDC
or the approved construction plans, the County Engineer or designee shall have the
full authority to issue a stop work order for the portion of the work not in compliance.
If a stop work order is issued, it shall remain in full effect with respect to the defective
work until such time as the documented discrepancies have been corrected to the full
.,. satisfaction of the County Engineer or designee.
5. Changes to construction plans.
a. See LDC section 10.02.04 B.5.a for insubstantial changes to construction plans
(ICP).
b. The County Manager or designee shall be notified within 24 hours, with written
follow-up, of any problems and conflicts with the actual construction of required
improvements as compared to the approved construction plans. Problems and
conflicts shall be addressed through the Insubstantial Changes procedure for
construction plans, pursuant to LDC section 10.02.04 B.5.a. The County Engineer
may approve insubstantial changes to construction plans in accordance with
acceptable engineering principles. The changes shall be reflected on the record
drawings.
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer or designee.
Preliminary acceptance by the County Engineer or designee shall identify that the subdivision or
development is substantially safe for public occupancy.
1. General.The required improvements constructed under the policies, procedures, guidelines,
and requirements established in the LDC shall receive preliminarily acceptance by the County
Engineer or designee pursuant to the following:
a. Recordation of the final subdivision plat pursuant to LDC section 10.02.04 F shall be
prior to or concurrent with preliminary acceptance by the County Engineer or
designee.
Supp.No.23 LDC10:53
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.05 B.1. 10.02.05 B.2.
b. No certificates of occupancy shall be issued by the County Manager or designee until
preliminary acceptance is granted.
2. Submittal requirements. Upon completion of all required improvements contained in the
approved construction plans,the applicant's professional engineer of record shall provide the
following materials for the review by the County Engineer or designee:
a. Completion Certificate.The applicant's professional engineer of record shall submit
a completion certificate for the required improvements completed. The completion
certificate shall be based on information provided by the project professional surveyor
and mapper and the engineer's own observations.The completion certificate shall not
be based on "information provided by the contractor." The applicant's professional
engineer of record shall document that the required improvements have been
installed in compliance with the approved construction plans.Any discrepancy shall
be brought to the attention of the County Engineer or designee and resolved to the
satisfaction of the County Engineer or designee.
b. Applicant's Inspection Report. The applicant's engineer of record shall submit a
report to the County Manager or designee which documents the dates of inspection,
all measurements, field tests, laboratory tests, and observations which were required
to be performed during the construction of the required improvements.
c. Final release of lien from contractor(s).The applicant's engineer shall provide to the
County Manager or designee a copy of the final release of lien from any utility and/or
roadway contractor(s).
d. Conveyance instruments.All separate conveyance instruments to the County shall be
in a form approved by the County Attorney prior to their submission to the Board for
acceptance, and shall be pursuant to Collier County Utilities Standards and
Procedures Ordinance No.2004-31, if applicable.If requested by the County Manager
or designee, the grantee shall provide, at no cost to the county, a title opinion, or
certificate of title in a form promulgated by the Florida Insurance Commissioner,
which is in conformance with the county's procedures for acquiring real property
interests.No separate conveyance instrument shall be recorded prior to recordation of
the final subdivision plat and formal acceptance of the conveyance by the Board.
e. Construction plans and record drawings. The applicant's engineer shall provide to
the County Manager or designee one set of construction plans on a mylar, with a
minimum of 2 mil thickness, or other similar acceptable material and 2 sets of signed
and sealed prints acceptable to the County Manager or designee, showing the
original design in comparison to the actual finished work.The mylars shall be labeled
as record drawings on each sheet prior to printing of the required sets of prints.
Subject to the approval of the County Manager or designee,the applicant's engineer
may provide a PDF as a substitute for the mylar plans.
f. Digital submission.The applicant's professional engineer shall also submit digitally
created construction/site plan documents, including 1 disk (CDROM) of the master
plan file, including, where applicable, easements, water/wastewater facilities, and
stormwater drainage system. The digital data to be submitted shall follow these
formatting guidelines:All data shall be delivered in the state plane coordinate system,
Supp.No.23 LDC10:54
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.05 B.2. 10.02.05 B.3.
with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90
datum), with United States Survey Feet (USFEET) units; as established by a Florida
registered professional surveyor and mapper. All information shall have a maximum
dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital
Exchange File (DXF)format; information layers shall have common naming conven-
tions(i.e. right-of-way—ROW,centerlines—CL, edge-of-pavement—EOP, etc.). For
a plan to be deemed complete, the layering scheme must be readily understood by
county staff.All property information(parcels, lots, and requisite annotation)shall be
drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels—All lines that form the parcel
boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: lot dimensions—Lottxt layer. In
addition, a copy of applicable measurements, tests and reports made on the work
and material during the progress of construction must be furnished. The record
construction data shall be certified by the applicant's professional engineer and
professional surveyor and mapper and shall include but not be limited to the following
items which have been obtained through surveys performed on the completed
required improvements:
i. Roadway centerline elevations at all intersections and at a minimum at all
points of vertical intersection (PVI) along the roadway.
ii. Invert and inlet elevations of all water management structures, including
catchbasins, all junction boxes, headwalls, inlets, and the like.
iii. All record drawing data for water and sewer facilities pursuant to the
provisions of the Collier County Utilities Standards and Procedures Ordi-
nance 2004-31, as amended.
iv. Centerline inverts on all open swales at high and low points and at 100-foot
stations along centerline.
v. The following data shall be submitted in report form for the acceptance of
streets, roadways, alleys or the like for maintenance purposes:
(a) Name of subdivision, block, plat book and page of recording.
(b) Name of each street proposed to be accepted for maintenance
purposes.
(c) The beginning and ending point for each street proposed to be
accepted.
(d) The centerline length of for each street proposed to be accepted.
(e) The number of lanes for each street proposed to be accepted.
3. Review and inspection by the County Engineer or designee. Following the review by the
County Engineer or designee of the submittals required in LDC section 10.02.05 B.2 and that
the required improvements are in compliance with the LDC,the County Engineer or designee
shall approve, approve with conditions, or deny the preliminary acceptance of the required
Supp. No. 11 LDC10:55
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.05 B.3. 10.02.05 C.3.
improvements. Inspection by the County Engineer or designee of the required improvements
shall be completed prior to the granting of preliminary acceptance by the County Engineer or
designee.
a. During preliminary inspection, the required improvements will be checked for
compliance with the approved construction plans.Any approved insubstantial changes
pursuant to LDC section 10.02.04 B.7 shall be identified and explained in writing by
the applicant's professional engineer of record. All required improvements shall be
in full compliance with the approved construction plans and the "record drawings"
prior to submission to the Board for final acceptance.
b. Following the preliminary acceptance by the County Engineer or designee there shall
be a minimum 1-year maintenance period prior to final acceptance by the Board.
4. Reduction of the subdivision performance security.At the time of preliminary acceptance by
the County Engineer or designee, the subdivision performance security may be reduced by
the County Manager or designee. Ten percent of the subdivision performance security,
based on the applicant's professional engineer's probable construction cost or contract bid
price, shall be retained as the maintenance performance security by the clerk of courts on
behalf of the Board. See LDC section 10.02.04 E for acceptable forms for a subdivision
performance security.
C. Final Acceptance of the Required Subdivision Improvements by the Board of County Commission-
ers.
1. Generally. The Board may provide final acceptance, by resolution, of the improvements
subject to the following:
a. Following the 1-year minimum maintenance period as required by preliminary
acceptance by the County Engineer or designee; and
b. Following satisfactory completion of the preliminary acceptance inspections by the
County Engineer or designee; and
c. At the request of the applicant, after a final inspection by the County Engineer or
designee.
2. Timing.All of the required improvements shall receive final acceptance by the Board within 36
months from the date of the original Board approval of the final subdivision plat, unless
extended by the County Manager or designee, the Board, or general law.
a. The developer may request two-year extensions for completion and acceptance of
the required improvements. A maximum of 2 extensions may be granted by the
County Manager or designee. Each request should provide written justification for the
extension.
3. Dedications and County maintenance. The Board shall adopt a resolution giving final
acceptance of the improvements and establishing County responsibility for maintenance of
the required improvements if it is the Board's desire to accept and maintain the facilities.The
Board has no obligation to accept maintenance responsibilities for any facilities dedicated to
public use, pursuant to F.S. ch. 177.081.
Supp. No. 11 LDC10:56
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.05 C.4. 10.02.05 E.3.
4. Notifications.The County Manager or designee shall notify the applicant in writing that final
acceptance of the required improvements and applicable acceptance of the facilities has been
granted, notify all affected county agencies of any final maintenance responsibilities, and
instruct the clerk of the court to return the remaining maintenance security held by the Board.
D. Conditional Final Acceptance. A developer may apply for a conditional final acceptance. The
conditional final acceptance may occur when the required subdivision improvements, with the
exception of the final lift of asphalt, and in certain cases, portions of the sidewalk(s) have received a
satisfactory final inspection.The developer shall provide a performance security in the amount of 150
percent of the estimated cost of the remaining improvements.Additionally, the developer shall provide
a letter to the County Manager or designee,which confirms the developer's intent to complete all of the
remaining improvements within a 12-month time period. Two additional 1-year extensions may be
approved by the County Manager or designee.
E. Failure of Applicant to Complete Required Subdivision Improvements.
1. County Draw on Subdivision Performance Security. If improvements are not completed
within the prescribed time period as specified in LDC section 10.02.04 B.7 or 10.02.05 D and
a subdivision performance security has been submitted, the County Engineer or designee
may recommend to the Board that it draw upon the subdivision performance security or
otherwise cause the subdivision performance security to be used to complete the
construction, repair, and maintenance of the required improvements.
2. County completion of required improvements. When a final subdivision plat has been
recorded and the applicant fails to complete, repair, or maintain the required improvements
as required by the LDC, the Board may authorize and undertake completion, repair, and
maintenance of the required improvements under the subdivision performance security
provided by the applicant.If no sale of lots or issuance of building permits has occurred,the
Board may withdraw its approval of the final subdivision plat and may direct the County
Manager or designee to call upon the subdivision performance security to secure
satisfactory completion, repair, and maintenance of the required improvements, to make his
best efforts to restore the property to its predevelopment condition, or to otherwise take
action to mitigate the consequences of the failure to complete, repair, or maintain the required
improvements. Any remaining subdivision performance security posted by the applicant
shall be retained for the warranty period between preliminary and final acceptance to provide
funds for any repairs, maintenance, and defects occurring during this warranty period.
3. Failure to complete unrecorded subdivision.Where an applicant has elected to construct,
install, and complete the required improvements prior to recordation of the final subdivision
plat and fails to complete such improvements within the time limitations provided in this
section, all approvals, permits, and applications shall be considered null and void.Any future
subdivision and/or development shall submit a new application and payment of fees based
on the then current fee schedule. Review shall be subject to the then current LDC and other
applicable codes.
(Ord. No.04-72, §3.BB;Ord. No.06-63, § 3.SS;Ord.No.07-67, §3.U;Ord.No.08-63, §3.KK;Ord. No. 12-38,
§ 3.GG; Ord. No. 13-56, § 3.MM; Ord. No. 16-27, § 3.W; Ord. No. 21-05, § 3.N)
Supp.No.23 LDC10:57
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 10.02.06 A.1.
10.02.06 Requirements for Permits
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.ch.
380, as amended, prior to the 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 the LDC 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
[The next page is LDC10:61]
Supp.No.23 LDC10:58
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 A.1. 10.02.06 B.1.
conditional use shall be approved prior to the issuance of any required county
development orders or permits and commencement of construction or develop-
ment.
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 or building permit is inconsistent with the
Growth Management Plan. Anything in this 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 Permit or Land Alteration Permit.
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
applicable zoning regulations, and other land development regulations. For pur-
poses 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
Supp. No. 11 LDC10:61
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 B.1. 10.02.06 B.1.
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.
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 building or land alteration permit or certifi-
cate 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.
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 submitted and approved meeting the warrants of
Supp. No. 11 LDC10:62
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10.02.06 B.1. 10.02.06 C.1.
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 3 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).
f. Zoning and land use approval required prior to or simultaneously with issuance of
building or land alteration permit or occupancy of land and space with the exception
of the Early Construction Authorization (ECA) permit pursuant to LDC section
10.01.02 C.A zoning certificate, attesting to compliance with all aspects of the zoning
provisions of the LDC, 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
LDC, an approval of a site development plan pursuant to LDC 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 LDC, 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 LDC.
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 LDC 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. Agricultural land clearing.
1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural
uses that do not fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), shall be required
for all agricultural operations except as exempted by LDC section 10.02.06 C.1.d.
a. Application.The Administrative Code shall establish the procedures and the submittal
requirements, in addition to those identified below, to obtain an agricultural land
clearing permit.
i. Silviculture operations, as defined by the LDC, shall require a management
plan prepared by a forester or a resource manager (i.e. Florida Forest
Service, private or industrial).
Supp. No. 11 LDC10:63
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10.02.06 C.1. 10.02.06 C.1.
ii. If an ST or ACSC-ST overlay is attached to the zoning of the property,the ST
or ACSC-ST permit review shall be in accordance with LDC sections 2.03.07
and 4.02.14 and may be reviewed simultaneously with the agricultural
clearing permit application.
iii. A generalized vegetation inventory and clearing plan.
iv. Data relating to wetlands impacts and protected wildlife species habitat
subject to the Conservation and Coastal Management Element of the Growth
Management Plan and the LDC. This data will be required only when the
county's on-site inspection indicates that there are potential or actual impacts
to wetlands and to protected federally and state listed wildlife habitat.
v. The property owner, or authorized agent, has filed an executed agreement
with the County Manager or designee, stating that within 2 years from the
date on which the agricultural clearing permit is approved by the County
Manager or designee, the owner/agent will put the property into a bona fide
agricultural use and pursue such activity in a manner conducive to the
successful harvesting of its expected crops or products. The owner/agent
may elect to allow the subject property to lie fallow after completing the bona
fide agricultural use, for the remainder of the 25-year period required by vi.
below. If the clearing is expected to occur over a period greater than 2 years,
this will be stated on the application and may be addressed as a condition on
the agricultural clearing permit if determined by staff to be appropriate.
vi. The property owner, or authorized agent, has filed an executed agreement
with the County Manager or designee stating that the owner/agent is aware
that the Collier County Board of County Commissioners will not rezone the
property described in the agricultural clearing permit for a period of 25 years
from the date of approval of the agricultural clearing permit by the County
Manager or designee, unless for any such conversions in less than 25 years,
the converted land shall be restored with native vegetation to the degree
required by the LDC.
vii. Permit Fees.The agricultural clearing permit applications shall be charged a
review fee as established by resolution by the Board.
b. Criteria for review of the application.The following criteria shall be utilized by staff in
reviewing an application for issuance of an agricultural clearing permit:
An on-site inspection has been made by staff, if indicated.
ii. Environmental impacts, including wetlands and protected wildlife species
habitat(s)shall have been addressed in accordance with the requirements of
the Conservation and Coastal Management Element of the Collier County
Growth Management Plan and the LDC, as may be amended from time to
time.
iii. Additional data and/or information required by the County to address
environmental impacts shall be submitted by the applicant.
Supp. No. 11 LDC10:64
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 C.1. 10.02.06 C.1.
iv. The proposed use is consistent with the zoning district.
v. The proposed use is a bona fide agricultural use.
vi. The applicant has signed an executed agreement pursuant to 10.02.06
C.1.a.v. above.
c. Renewal of agricultural clearing permit. An approved agricultural clearing permit is
valid for 5 years and may be automatically renewed for 5-year periods providing that
a notification in writing is forwarded to the County Manager or designee at least 30
but no more than 180 days prior to the expiration of the existing permit and providing
that the property has been actively engaged in a bona fide agricultural activity. Such
notification shall state that the applicant is in compliance with any and all conditions
and/or stipulations of the permit.A violation of permit conditions shall be cause to void
the agricultural clearing permit. Applicants failing to provide notification as specified
herein shall be required to submit a new application for an agricultural clearing permit.
d. Exemptions for agricultural clearing permit.
An agricultural clearing permit is not required for operations holding a permit
under Ordinance No.76-42 and that can demonstrate that an approved bona
fide agricultural activity was in existence within 2 years of the permit issuance
date, or that a bona fide agricultural activity was in existence before the
effective date of Ordinance No. 76-42. A demonstration for exemption may
include agricultural classification records from the Property Appraiser's
Office; dated aerial photographs; occupational license for agricultural oper-
ation; or other information which positively establishes the commencement
date and the particular location of the agricultural operation.
ii. Upon issuance of an agricultural clearing permit or as exempted above,
activities necessary for the ongoing bona fide agricultural use and mainte-
nance are exempt from obtaining additional agricultural clearing permits for
that parcel, if the intent, use, and scope of said activities continue to comply
with the ongoing agricultural clearing permit or exemption.Ongoing bona fide
agricultural activities that qualify for this exemption as described in this
section may include but are not limited to clearing for, around or in dikes,
ditches, canals, reservoirs, swales, pump stations, or pens; removal of new
growth, such as shrubs or trees, from areas previously permitted or ex-
empted from this section;fire line maintenance; approved wildlife food plots;
or other activities similar in nature to the foregoing.
iii. Fences, buildings, and structures that require a building permit shall be
exempt from an agricultural clearing permit but must obtain a vegetation
removal permit.
iv. No agricultural clearing permit shall be required for protected vegetation
that is dead, dying or damaged beyond saving due to natural causes also
known as acts of God provided that:
(a) The County Manager or designee is notified in writing within 2
business days prior to such removal and the County makes no
objection within said 2 business days;
Supp. No. 11 LDC10:65
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 C.1. 10.02.06 D.1.
(b) The tree is not a specimen tree;
(c) The vegetation is not within an area required to be preserved as a
result of a required preservation, mitigation, or restoration program;
(d) The parcel is currently engaged in bona fide agriculture, as defined
by the LDC;
(e) No agricultural clearing permit shall be required for the removal of
any vegetation planted by a farmer or rancher which was not planted
as a result of a zoning regulation or a required mitigation or
restoration program.
2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of
agricultural operations that fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), the
property owner shall provide notice to the County Manager or designee that the removal will
occur.
a. The Administrative Code shall establish the submittal requirements for the agricul-
tural clearing notice, including the following:
i. A signed agreement acknowledging the 25-year prohibition on the creation of
TDR credits from land cleared for agricultural operations after June 19,2002,
as set forth in LDC section 2.03.07; and
ii. If the land is outside the RLSA, a signed agreement acknowledging that, if
the land being cleared for agricultural operations is converted to a non-
agricultural uses within 25 years after the clearing occurs, the property shall
become subject to the requirements of LDC section 3.05.07, as provided in
LDC section 3.05.02.
b. Permit fees.The agricultural clearing notice application shall be charged a review fee
as established by resolution by the Board.
D. Enforcement and penalties.
1. Fines.
a. The failure of a property owner or any other person to obtain an approved permit as
required in this section shall constitute a misdemeanor and each protected living,
woody plant, constituting protective vegetation, removed in violation of this Code
shall constitute a separate and distinct offense and upon conviction shall be punished
by a fine not to exceed$500.00 per violation or by imprisonment in the county jail not
to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of
the penalties provided by general law for violation of ordinances,the Board of County
Commissioners may bring injunctive action to enjoin the removal of vegetation in
violation of this Code.
Removal of vegetation with a bald eagle nest shall be subject to a fine of up to five
thousand dollars ($5,000.00) per bald eagle nest. Each nest, eagle, chick and egg
Supp. No. 11 LDC10:66
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 D.1. 10.02.06 D.2.
using the nest that is removed, shall also constitute a separate and distinct offense
and shall be subject to separate and individual fines of up to five thousand dollars
($5,000.00) each or maximum permitted by law, which ever is greater.
b. The failure of a property owner or any other person, who obtains an agricultural
clearing permit or provides notice of agricultural clearing pursuant to Section
10.02.06 C., to put the subject premises into a bona fide agricultural use shall
constitute a misdemeanor and each protected living, woody plant, constituting
protective vegetation, removed in violation of this Code shall constitute a separate
and distinct offense and upon conviction shall be punished by a fine not to exceed
$500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or
by both such fine and imprisonment. In addition to or in lieu of the penalties provided
by general law for violation of ordinances, the Board of County Commissioners may
bring injunctive action to enjoin the removal of vegetation in violation of this Code.
2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement
between the County Manager or 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:
a. The restoration plan shall include the following minimum planting standards:
In the successful replacement of trees illegally removed, replacement trees
shall be of sufficient size and quantity to replace the dbh inches removed.
Dbh is defined for the purposes of this ordinance as diameter of the tree,
._.. measured at a height of 4.5 feet above natural grade.
ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the
Florida department of agriculture and consumer service.
iii. Replacement vegetation shall meet the following criteria, at time of planting:
a) Plant material used to meet the minimum landscape requirements
shall be in accordance with 4.06.05.
b) Plant material used to meet the requirements for littoral shelf planting
areas shall be in accordance with 3.05.10.
c) Environmental restoration within County required preserves shall be
in accordance with 3.05.07 H.
d) Environmental restoration, other than in County required preserves,
shall be in accordance with State and Federal agency enforcement
or permit conditions. Where such requirements are not enforced or
project not permitted by these agencies,the following minimum sizes
shall apply: one gallon or liner ground covers, three gallon shrubs
and four foot high trees.Ground covers in aquatic environments may
be planted as bare root plants. Mangroves may be two foot high at
time of planting.
Supp. No. 11 LDC10:67
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 D.2. 10.02.06 D.3.
e) Natural recruitment of native vegetation similar to or compatible with
native vegetation on site will be accepted.
iv. Replacement trees shall have a guarantee of 80 percent survivability for a
period of no less than 3 years. A maintenance provision of no less than 3
years must be provided in the restoration plan to control invasion of exotic
vegetation (those species defined as exotic vegetation by the Collier
County Land Development Code).
v. It shall be at the discretion of the County Manager or designee to allow for
any deviation from the above specified criteria.
b. In the event that identification of the species of trees is impossible for any reason on
the property where protected trees were unlawfully removed, it shall be presumed
that the removed trees were of a similar species mix as those found on adjacent
properties.
c. The selection of plants shall be based on the characteristics of the Florida
Department of Transportation, Florida Land Use, Cover and Forms Classification
System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as
delineated in the FLUCFCS Code. The species utilized shall be with relative
proportions characteristic of those in the FLUCFCS Code. The exact number and
type of species required may also be based upon the existing indigenous vegetation
on the adjacent property at the discretion of the County Manager or designee.
d. If the unlawful removal of trees has caused any change in hydrology, ground
elevations or surface water flows, then the hydrology, ground elevation or surface
water flows shall be restored to pre-violation conditions.
e. In the event of impending development on property where protected trees were
unlawfully removed,the restoration plan shall indicate the location of the replacement
stock consistent with any approved plans for subsequent development. For the
purposes of this ordinance,impending development shall mean that a developer has
made application for a development order or has applied for a building permit.
f. The County Manager or his designee may, at his discretion, allow the replacement
stock to be planted off-site where impending development displaces areas to be
restored. In such situations, off-site plantings shall be on lands under the control of a
public land and/or agency.The off-site location shall be subject to the approval of the
County Manager or his designee.
g. The donation of land and/or of funds under the control of a public agency may be
made if none of the above are viable alternatives.This donation of land and/or funds
shall be equal to or greater than the total sum it would cost to restore the area in which
the violation occurred. (Preservation of different contiguous habitats is to be
encouraged.)
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
Supp. No. 11 LDC10:68
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 D.3. 10.02.06 D.3.
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: 2 to 1 for
uplands and 3 to 1 for wetlands.
iii. The selection of plants to be used shall be based on the characteristics of the
Florida Department of Transportation, Florida Land Use, Cover and Forms
Classification System (FLUCFCS) Code. The exact number and type of
species required may vary depending on the existing indigenous vegetation
found at the site.
iv. If only trees were removed and the understory vegetation was not disturbed,
then replacement of the dbh (diameter at breast height) in inches removed
shall be required.
v. If the violation has caused any change in hydrology, ground elevations or
surface water flows, then the hydrology, ground elevation or surface water
flows shall be restored to pre-violation conditions.
vi. If the violation consists of clearing of residential, single-family (RSF), village
residential (VR) or estates (E) or other non agricultural, non commercially
zoned land in which single-family lots have been subdivided for single-family
use only, and 1 acre or less of land is being cleared by the property owners
themselves in advance of issuance of building permit, the County Manager
or his designee may, in lieu of restoration or donation, impose a penalty fee
in the amount equal to double the cost of a typical building permit.
b. Requirements for a mitigation plan.
A copy of the deed, contract for sale or agreement for sale or a notarized
statement of ownership clearly demonstrating ownership and control of the
subject lot or parcel of land, or permission from the landowner to mitigate on
his or her site shall be provided.
ii. The mitigation plan shall be prepared by a person who meets or exceeds the
credentials specified in section 3.05.07 H or Chapter 7 of the Administrative
Code, unless waived by the County Manager or designee.
iii. The preparer's name, address and telephone number shall be included on
the plan.
Supp. No. 11 LDC10:69
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 D.3. 10.02.06 D.3.
iv. A north arrow, scale, and date shall be required on the plan.
v. Existing vegetation areas shall be shown.
vi. The proposed planting areas shall be clearly defined.
vii. The plan shall denote the number and location of each plant to be planted,
or for the case of ground covers, show them in groupings. Large mitigation
areas may be designated by a more simplified method.
viii. All plants proposed shall be denoted by genus, species, and the common
name.
ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing
forest (provide type), farm, natural buffer area, lake, etc.
c. Site-specific review criteria.
All plants used for mitigation shall be native Florida species.
ii. Plant materials used to meet minimum landscape requirements of the LDC
shall conform to the plant specifications in 4.06.05.
iii. The plants proposed for planting must be temperature tolerant to the areas
they are to be planted in. The Florida-Friendly Landscaping Guide to Plant
Selection & Landscape Design shall be used in determining the temperature
tolerances of the plants.
iv. The existing soil types shall be identified. Plants proposed for planting shall
be compatible with the soil type. The 1954 or the 1992 soil survey of Collier
County shall be used to determine if the plants proposed for planting are
compatible with the existing or proposed soil types.
v. The source and method of providing water to the plants shall be indicated on
the plan and subject to review and approval.
vi. A program to control prohibited exotic vegetation (section 3.05.08) in the
mitigation area shall be required.
d. County review of mitigation plan.
The County Manager or designee will review the plan based on, but not
limited to, the preceding requirements within 15 days. Additional relevant
information may be required when requested.
ii. Should the county reject the mitigation plan, the reasons will be provided so
the applicant can correct the plan and resubmit for county review.
e. Monitoring and replanting.
A monitoring program shall be required that would determine the survivability
by species of the plants used in the mitigation effort. A time zero monitoring
Supp. No. 11 LDC10:70
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 D.3. 10.02.06 D.S.
report with photographs shall be submitted within 30 days of replanting. At
the option of the respondent, two follow-up monitoring reports may be
submitted at one-year intervals, starting one year after submittal of the time
zero monitoring report, to document condition and survivability of mitigation
plantings. If annual monitoring reports are submitted, they must document
on-site conditions within one month prior to the anniversary/due date for the
re-inspection. Success shall be verified by the County Manager or designee.
ii. An eighty percent survival by species shall be required for a two-year period,
starting at time of submittal of the time zero monitoring report, unless other
arrangements are specified and agreed upon in the mitigation plan. Replant-
ing shall be required each year if the mortality exceeds 20 percent of the total
number of each species in the mitigation plan. Should the County Manager
or designee determine the need for an extended monitoring schedule,
monitoring may continue until at least an eighty percent survival of required
planting(s) has been attained.
iii. The soil and hydrological conditions for some mitigation areas may favor
some of the plants and preclude others. Should the county and/or consultant
find that over time, some of the species planted simply don't adjust, the
mitigation plan shall be reevaluated by both the consultant and the county,
and a revised plan will be instituted. This condition shall not apply to all
mitigation areas and each case will be evaluated individually, based on the
supported [supporting] data submitted by the mitigator.
iv. Should there be a change in ownership of the property identified in the
approved mitigation plan,the seller will be responsible for notifying the buyer
of the mitigation plan and any requirements pursuant to the plan.
f. Donation of land or funds.The donation of land and/or funds to a public agency may
be made if none of the above are viable alternatives. This donation of land and/or
funds shall be equal to or greater than the total sum it would cost to mitigate for the
violation according to section 10.02.06 D.3.a. including consulting fees for design,
and monitoring, installation costs, vegetation costs, earth moving costs, irrigation
costs, replanting and exotic removal.
4. Appeal from enforcement.Any person who feels aggrieved by the application of this section,
may file, within 30 days after said grievance,a petition with the County Manager or designee,
to have the case reviewed by the Collier County Board of County Commissioners.
5. Suspension of permit requirement.The Board of County Commissioners may, by emergency
resolution, suspend the permit requirement for vegetation removal in the aftermath of a
natural disaster, such as a hurricane, when the following conditions are met and contained in
the resolution:
a. The suspension is for a defined period of time not to exceed 30 days or as otherwise
set by the Board of County Commissioners.
b. The vegetation removal is necessitated by disaster related damage.
Supp. No. 11 LDC10:71
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 D.S. 10.02.06 E.4.
c. The suspension is not applicable to vegetation within habitats containing listed
species (as regulated in section 3.04.00).
6. Existing Code Enforcement cases. The requirements of 10.02.06 D.2.a.iii and 10.02.06
D.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior
to October 3, 2012, unless the respondent elects to use the new criteria.
E. Wellfield conditional use permit and standards.
1. Petition.
a. Owners/operators of a proposed regulated development for which a wellfield
conditional use permit will be required to locate the proposed regulated develop-
ment within any zone, may petition the board for a wellfield conditional use permit
exempting the development from the prohibitions set forth in section 3.06.12 hereof,
as provided in this section.
b. Owners/operators shall submit the application for wellfield conditional use permit to
the County Manager on forms prepared by the department.
2. Criteria.
a. The owner/operator shall demonstrate by the preponderance of substantial compe-
tent evidence that:
i. The development has or can satisfy all requirements for a certificate to
operate;
ii. Special or unusual circumstances exist which are peculiar to the particular
development which are different than any other regulated development;
iii. Adequate technology exists which will isolate the development from the
surficial and intermediate aquifer systems; or
iv. Site-specific hydrogeologic data provides reasonable assurances that the
existing water quality in surficial and intermediate aquifer systems will not be
degraded as a result of the development.
3. Conditions of wellfield conditional use permit.
a. In granting the wellfield conditional use permit, the board may prescribe any
additional conditions and safeguards which it deems necessary to protect the existing
well(s), future identified well(s) or future potable water supply resources.
b. The wellfield conditional use permit shall incorporate a certificate to operate, which
must be renewed or transferred in the same manner as any other certificate to
operate as provided in section 10.04.01 B. hereof.
4. Prohibited wellfield conditional use permits.
a. No wellfield conditional use permit may be construed or otherwise interpreted to
legalize a regulated development existing on the effective date of this section
Supp. No. 11 LDC10:72
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 E.4. 10.02.06 E.7.
[November 13, 1991],which is not in compliance with applicable local,state or federal
law or regulations. No wellfield conditional use permit or other approval under this
section shall be knowingly granted to an existing regulated development which is not
in compliance with all other applicable local, State or Federal law or regulations.
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 Code in the same procedural
manner as for a certificate to operate.
b. If the petition is found not to be in compliance, the County Manager shall advise the
owner/operator of the noted deficiencies or required information by certified mail
return receipt requested to the address listed in the petition.
c. Upon a determination by the County Manager that the petition is in compliance, or
upon receipt of written notice from the petitioner that the petition should be processed
as is, the County Manager shall render a written recommendation for approval,
approval with conditions, or denial of the wellfield conditional use permit.
6. Approval by the board.
a. Wellfield conditional use permits which authorize development prohibited in the
wellfield risk management special treatment protection overlay zones, are subject to
careful review and shall include public notice and hearing as set forth in section
10.04.11 A. hereof.
b. All petitions for wellfield conditional use permits shall be heard by the board as
provided in section 10.04.11 A. hereof.
7. Wellfield conditional use permit for public or quasipublic development.
a. The board, after public hearing, may find that certain existing or proposed public or
quasipublic regulated development is exempted from compliance with this section
and may issue a wellfield conditional use permit upon finding that:
The public benefit to be realized by the proposed or existing regulated
development outweighs the purpose of this section; and
ii. The proposed or existing regulated development cannot, for economic or
scientific reasons, be relocated elsewhere.
b. The scope of any wellfield conditional use permit granted under this section shall be
narrow to avoid derogation of the purpose of this section and the board may impose
special conditions of approval to ensure implementation of the intent of the same.
c. Petitions shall be processed, approved, approved with conditions or denied as any
other wellfield conditional use as provided in section 10.02.06 E. hereof.
Supp. No. 14 LDC10:73
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 F. 10.02.06 G.4.
F. Temporary Use Permit Requirements. See LDC section 5.04.01 for temporary use permit classifica-
tions and restrictions.
1. The Administrative Code shall establish the procedures and application submittal require-
ments for temporary use permits.
G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below,the following
activities seaward of the Coastal Construction Setback Line shall require either a 1) Coastal
Construction Setback Line (CCSL) permit; 2) Site Development Plans, Site Improvement Plans and
Amendments thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final
Subdivision Plat (PPL) pursuant to LDC section 10.02.04. The appropriate fee as set by county
resolution shall be submitted with permit application.All required Federal, State, and County permits
shall be obtained prior to commencement of construction.
1. Construction of a dune walkover when the following criteria have been met.
a. A maximum width of 6 feet.
b. A minimum separation of 200 feet between walkovers when 2 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 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 2 years professional experience are in the State of Florida.
3. The Administrative Code shall establish the procedures and application submittal require-
ments for obtaining a Coastal Construction Setback Line permit.
4. Exemptions from CCSL permit. The following activities shall not require a CCSL permit. All
required Federal, State, and County permits shall be obtained prior to commencement of
construction.
a. Certain activities approved by the BCC that may alter ground elevations such as
artificial beach nourishment projects or excavation or maintenance dredging of inlet
channels.
b. Implementation of Federal, State, or County approved preserve or listed species
management plans on publically owned land designated as parks, preserves, or
mitigation areas.
c. Implementation of County approved preserve or listed species management plans on
�.. privately owned land pursuant to LDC section 3.05.07 H.
Supp. No. 14 LDC10:74
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 G.4. 10.02.06 H.2.
d. Hand removal of prohibited exotic and non-native vegetation in accordance with LDC
sections 3.05.02 G.
5. All other activities seaward of the CCSL shall require a variance, pursuant to LDC section
9.04.06.
6. Penalty and civil remedies.
a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth
elsewhere in the LDC, 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:
(a) First violation: Up to $1,000.00 fine.
(b) Second violation: $2,500.00 fine.
(c) 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:
(a) First violation: Written notice of ordinance violation.
(b) Second violation: Up to $1,000.00 fine.
(c) Third violation: $2,500.00 fine.
(d) More than 3 violations: $5,000.00 fine.
H. Vehicle on the beach regulations.
1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful:
a. To operate or cause to be operated a hand-,animal-, or engine-driven wheel,track or
other vehicle or implement on,over or across any part of the sand dunes, hill or ridge
nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate
or drive such a vehicle on the area seaward thereof, commonly referred to as the
beach.
b. To alter or cause to be altered any sand dune or the vegetation growing thereon or
seaward thereof; make any excavation, remove any material, trees, grass or other
vegetation or otherwise alter existing ground elevations or condition of such dune
without first securing a permit as provided for in the LDC.
2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall be
®-- subject to the following. During sea turtle nesting season, May 1 through October 31, of each
Supp. No. 14 LDC10:75
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 H.2. 10.02.06 H.2.
year, all permits shall be subject to section 10.02.06 H.3 below. Permits issued in accordance
with this section shall be valid for the time the vehicle is used for its permitted function and
shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and
be available for inspection. Permits issued for construction vehicles engaged in beach
nourishment, inlet maintenance, and general construction activities shall expire on April 30 of
each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach
permits are not transferable.
a. Sheriff, City, State and Federal police, emergency services, 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, and
government entities responding to emergency situations, shall be exempt from the
provisions of this 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 section if
a permit has been obtained from the County Manager or designee.The procedure for
obtaining such a permit shall be by application on the form prescribed by Collier
County stating the reason or reasons why it is necessary for such vehicle or vehicles
to be operated on the beaches in connection with an environmental maintenance,
conservation, environmental purpose and/or for purposes allowed by Collier County
Ordinance No. 89-16, taking into consideration the vehicular use restriction previ-
ously stated as a criterion for an exception, and if the County Manager or designee
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.All permits issued are subject to
the following conditions and limitations:
i. All vehicles shall be equipped with tires having a maximum ground-to-tire
pressure of ten PSI(pounds per square inch),as established by the Standard
PSI Formula provided below. Calculations for tire pressure using the
standard formula shall be included with each permit application.
PSI = Vehicle weight (Ibs) + equipment (including maximum debris load for
beach raking equipment and rider weight (lbs)/total tire footprint
(square inches)
c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar
devices to aid disabled or non-ambulatory persons and hand pulled or pushed
carts/dollies/hand trucks or similar type equipment for personal use shall be exempt
from the provisions of this 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
Supp. No. 14 LDC10:76
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 H.2. 10.02.06 H.2.
provisions of this section if a vehicle-on the-beach permit has been granted by the
County Manager or designee. All permits issued are subject to the following
conditions and limitations:
i. The use of vehicles shall be limited to set-up and removal of equipment for
the permitted function.
Supp. No. 14 LDC10:76.1
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 H.2. 10.02.06 H.2.
ii. Said permits shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection.
iii. The types of vehicles permitted for this use may include ATVs, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind
the ATVs.
iv. All vehicles shall be equipped with tires having a maximum ground-to-tire
pressure of ten PSI (pounds per square inch),as established by the Standard
PSI Formula. Calculations for tire pressure using the standard formula shall
be included with each permit application.
v. Permits shall only be issued for ATVs when the County Manager or designee
has determined that: 1) evidence has been provided that there is a need to
move equipment,which,due to the excessive weigh and distance of equal to
or greater than 200 feet, would be prohibitive in nature to move with, push
carts or dollies; or 2)a limited designated work area has been established at
the foot of the dune walkover for loading and unloading and the ATV use is
restricted to that limited identified area.
vi. When not in use all vehicles shall be stored off the beach.
vii. During sea turtle nesting season,the following shall apply: 1) no vehicle may
be used on the beach until after completion of daily sea turtle monitoring
conducted by personnel with prior experience and training in nest surveys
procedures and possessing a valid Fish and Wildlife Conservation Commis-
sion Marine Turtle Permit; 2) there shall be no use of vehicles for set up of
chairs or hotel or commercial beach equipment, etc. until after the beach
has been monitored;3)one ingress/egress corridor onto and over the beach,
perpendicular to the shoreline from the owner's property, shall be desig-
nated by the County Manager or designee; additional corridors may be
approved when appropriate and necessary as determined by the County
Manager or designee; a staging area may be approved for large events as
determined by the County Manager or designee and 4)except for designated
corridors,all motorized vehicles shall be operated below the mean high water
line (MHW), as generally evidenced by the previous high tide mark. If at
anytime the County Manager or designee determines that the designated
corridor may cause adverse impacts to the beach, nesting sea turtles, or
the ability of hatchlings to traverse the beach to the water, an alternative
corridor shall be designated. If no alternative is available, as determined by
the County Manager or designee, the vehicle-on-the-beach permit may be
suspended for the remaining period of the sea turtle season.
viii. These vehicles may not be used for transportation of people or equipment
throughout the day. The permit shall designate a limited time for equipment
set up and for the removal of the equipment at the end of the day.
e. Permit for construction (excluding beach re-nourishment and maintenance activi-
ties). Prior to beginning construction in proximity to a sand dune for any purpose
whatsoever, including conservation, a temporary protective fence shall be installed a
Supp. No. 11 LDC10:77
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 H.2. 10.02.06 H.2.
minimum of ten feet landward of the dune. It shall be unlawful to cause or allow
construction and related activity seaward of such fence. Each permit for work shall
clearly indicate the provisions of this Code and the protective measures to be taken
and shall be subject to the provisions of section 10.02.06 H.3.
f. Beach raking and mechanical beach cleaning.
i. Beach raking and mechanical beach cleaning shall be prohibited on
undeveloped coastal barriers unless a state permit is obtained.
ii. Beach raking and mechanical beach cleaning must comply with the provi-
sions of section 10.02.06 H. of this Chapter.
iii. Beach raking and mechanical beach cleaning shall not interfere with sea
turtle nesting, shall preserve or replace any native vegetation on the site,
and shall maintain the natural existing beach profile and minimize interfer-
ence with the natural beach dynamics and function.
iv. Beach raking and mechanical cleaning shall not occur below MHW on the
wet sand area of beach which is covered by high tide and which remains wet
during low tide. Beach raking and mechanical beach cleaning shall not
operate or drive within 15 feet of dune vegetation and endangered plant and
animal communities, including sea turtle nests. Surface grooming equipment
that does not penetrate the sand may operate or drive to within ten feet of
dune vegetation and endangered plant and animal communities, including
sea turtle nests.
v. Beach raking and mechanical beach cleaning devices shall not disturb or
penetrate beach sediments by more than the minimum depth necessary, not
to exceed two inches, in order to avoid a potential increase in the rate of
erosion.
vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used
to conduct beach raking. Vehicles with less than ten psi ground to tire
pressures, in conjunction with the attachment of a screen, harrow drag or
other similar device used for smoothing may be used to conduct beach
raking upon approval of the County Manager or designee.
vii. Mechanical beach cleaning involving sand screening or a combination of
raking and screening shall only be conducted on an "as needed" basis as
determined by the County Manager or designee. Necessity will include when
large accumulations of dead and dying sea-life or other debris remains
concentrated on the wrack-line for a minimum of two tidal cycles following a
storm event, red tide or other materials which represent a hazard to public
health.
g. Vehicles associated with beach nourishment and inlet maintenance.
i. Heavy equipment used in conjunction with beach nourishment, inlet main-
tenance, to accomplish FDEP permit requirements, or other unusual circum-
�"'" Supp. No. 11 LDC10:78
•
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 H.2. 10.02.06 H.4.
stance as determined by the County Manager or designee, which cannot
meet the standard PSI, will require compaction mitigation. Mitigation shall be
accomplished by tilling to a depth of 36 inches or other FDEP approved
methods of decreasing compaction. Beach tilling shall be accomplished prior
to April 15 following construction and for the next two years should compac-
tion evaluations exceed state requirements.
ii. Utilization of equipment for the removal of scarps,as required by FDEP,shall
be limited to an ingress/egress corridor and a zone parallel to the MHW.
Scarp removal during sea turtle season shall have prior FDEP approval and
coordinated through the FDEP, FWCC, the County Manager or designee,
and the person possessing a valid Fish and Wildlife Conservation Commis-
sion Marine Turtle Permit for the area.
iii. No tilling of the beaches shall occur during sea turtle nesting season.
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 section. Permits issued pursuant to this 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
section are subject to the following penalties:
a. Violations of section 10.02.06 H.2.f above which do not occur during sea turtle
nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to
a $500.00 fine per violation.
b. Minor infractions of section 10.02.06 H.2.f above which occur during sea turtle
nesting season are subject to up to a$500.00 fine per violation. Minor infractions are
defined as any activity that will not cause immediate harm to sea turtles or their
nesting activity; and include, but are not limited to, the following: 1) use of an
unpermitted vehicle; 2) vehicles being operated: b a) without permit being available
for inspection; or b) with improper tire pressure.
c. Major infractions of section 10.02.06 H.2.f above which occur during sea turtle
nesting season, are subject to the following penalties. Major infractions are defined
as any activity that may cause immediate harm to sea turtles or their nesting
Supp. No. 11 LDC10:79
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 H.4. 10.02.06 1.3.
activities; and include, but are not limited to, the following: 1) use of a vehicle prior to
daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle
outside of a designated corridor.
First violation:$1,000.00 fine and a suspension of permitted activities, including but
not limited to: beach raking or mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season, whichever is less.
Second violation: $2,500.00 fine and a suspension of permitted activities, including
but not limited to: beach raking or mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season, whichever is less.
Third or more violation: $5,000.00 fine and a suspension of permitted activities,
including but not limited to: beach raking or mechanical cleaning activities, for 70
days or the balance of sea turtle nesting season, whichever is less.
d. Violations of section 10.02.06 H.,which do not occur during sea turtle nesting season,
i.e.,occur outside of sea turtle nesting season,are subject to up to a$500.00 fine per
violation.
e. Violations of sections 10.02.06 H. which occur during sea turtle nesting season are
subject to the following penalties:
Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions
are defined as any activity that will not cause an immediate harm to sea turtles or their
nesting activity; and include, but are not limited to, the following: 1) use of an
unpermitted vehicle; 2) vehicles being operated: a) with permit not available for
inspection; or b) with improper tire pressure.
Cultivated Tree Removal Permit.
1. Generally.A Cultivated Tree Removal Permit is required for the removal or relocation of any
tree or palm that has been installed for landscaping and which is not a part of a preserve.
Moving a tree from one location to another shall not be considered removal; however, a
Cultivated Tree Removal permit shall be obtained.A maximum of 10 trees per 5 year period
may be removed with a Cultivated Tree Removal Permit. Protected vegetation, other than
that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section
3.05.00. In no instance shall a site fall below the current minimum landscape code standard.
2. Applicability. The provisions of this section are applicable to all development unless
otherwise specified in this section.
3. Exemptions:
a. The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree
Removal Permit, unless the prohibited exotic tree is used to meet the minimum
landscaping code requirements pursuant to a final local development order, prior
to October 2, 2013.
Supp. No. 11 LDC10:80
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 1.3. 10.02.06 J.1.
b. Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit.
Single-family home sites shall maintain the minimum code landscaping requirements
established in LDC section 4.06.05.
4. Criteria for removal of cultivated landscaping. The landscape architect may approve a
Cultivated Tree Removal permit application based on the following criteria:
a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has
become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing
structure.
b. A tree is growing too close in proximity to another tree(s)to permit normal growth and
development of the affected tree(s).
c. Other public health and safety circumstances as determined by the County landscape
architect.
5. Application. The Administrative Code shall establish the application procedure and submittal
requirements for obtaining a Cultivated Tree Removal permit.
a. The County Manager or designee may require the site plan be prepared by a
landscape architect registered in the State of Florida when the tree removal exceeds
10 trees.
6. Approval. The County Manager or designee shall approve, approve with conditions, or deny
a Cultivated Tree Removal Permit.
7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit
when the applicant for such permit has agreed to fulfill one of the following conditions:
a. That the minimum code required tree, if transplanted, shall be moved, established
and maintained using proper arboricultural and horticultural practices and as outlined
in LDC section 4.06.05.
b. That the minimum code required tree(s), if destroyed, be substituted with an
equivalent replacement or replacements, approved by the County Landscape
Architect, planted on the site from which the destroyed tree(s) were removed.
Sufficient space shall remain on the site allowing replacements to establish a mature
canopy spread, based on usual growth characteristics.
J. Zoning Verification Letter.
1. A zoning verification letter may be used to verify the zoning of a property according to the
Collier County Zoning Map,the Future Land Use Map,and the Growth Management Plan and
establish the following determinations.
a. Generally.The County Manager or designee may issue a zoning verification letter that
verifies the zoning of a property.Additional information may be requested about the
subject property, including but not limited to the following:
i. Allowable uses and development standards applicable to the property under
the LDC;
Supp.No.22 LDC10:81
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 J.1. 10.02.06 K.2.
ii. Zoning of adjacent properties;
iii. Confirmation of any site development plan, conditional use, or variance
approved for the property; and
iv. The nonconforming status of the property.
b. Non-residential Farm Building Exemption. The County Manager or designee, in
coordination with the Collier County Building Official, may issue a zoning verification
letter to establish that a non-residential farm building and/or fence is exempt from the
Florida Building Code. However, the exemption applies to the structure and does
not exempt the applicant from obtaining the necessary electrical, plumbing,
mechanical, or gas permits for the structure.
c. Administrative Fence Waiver.The County Manager or designee may issue a zoning
verification letter to approve an administrative fence waiver under LDC section
5.03.02 F.5.a.
2. The Administrative Code shall establish the process and application submittal requirements to
obtain a zoning verification letter.
K. Comparable Use Determination.
1. The following Comparable Use Determination (CUD) shall be used to determine whether a
use is comparable in nature with the list of permitted uses, and the purpose and intent
statement of the zoning district, overlay, or PUD.
2. To be effective, the Comparable Use Determination shall be approved by the Hearing
Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public
hearing based on the following standards, as applicable:
a. The proposed use possesses similar characteristics to other permitted uses in the
zoning district, overlay, or PUD, including but not limited to the following:
i. Operating hours;
ii. Traffic volume generated/attracted;
iii. Type of vehicles associated with the use;
iv. Number and type of required parking spaces; and
v. Business practices and activities.
b. The effect of the proposed use would have on neighboring properties in relation to the
noise, glare, or odor effects shall be no greater than that of other permitted uses in the
zoning district, overlay, or PUD.
c. The proposed use is consistent with the GMP, meaning the applicable future land use
designation does not specifically prohibit the proposed use, and, where the future
land use designation contains a specific list of allowable uses,the proposed use is not
omitted.
Supp.No.22 LDC10:82
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 K.2. 10.02.07 B.1.
d. The proposed use shall be compatible and consistent with the other permitted uses in
the zoning district, overlay, or PUD.
e. Any additional relevant information as may be required by County Manager or
Designee.
3. The Administrative Code shall establish the process and application submittal requirements to
obtain a Comparable Use Determination.
(Ord. No.04-72, § 3.CC; Ord. No. 05-27, § 3.WW; Ord. No.06-07, § 3.V; Ord. No.07-67, § 3.V; Ord. No.08-63,
§3.LL;Ord.No.09-43, §3.B;Ord.No. 10-23, §3.RR;Ord.No. 12-38, §3.HH;Ord.No. 13-56, §3.NN;Ord.No.
15-44, § 3.K; Ord. No.20-44, § 3.1)
10.02.07 Requirements for Certificates of Public Facility Adequacy
A. Generally. This section applies to any use or development that generates additional impacts or
demands on public facilities.This section ensures that adequate public facilities are available and no
development orders subject to concurrency regulation are issued unless adequate public facilities
are available to serve the proposed development, including but not limited to the Transportation
Concurrency Management System and the Public School Facilities Concurrency.
B. Exemptions. The following are exempt from this section:
1. All valid, unexpired final development of regional impact (DRI) development orders which
were issued prior to adoption of the Collier County Growth Management Plan on January 10,
1989, except where:
a. Development conditions or stipulations applicable to concurrency, or the provision
of adequate public facilities concurrent with the impacts of development, exist in the
DRI development order, or
b. Substantial deviations are sought for a DRI development order.(This section applies
only to those portions of the development for which the deviation is sought);
Supp.No.22 LDC10:82.1
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.07 B.1. 10.02.07 B.7.
c. The county demonstrates pursuant to F.S. § 380.06 that substantial changes in the
conditions underlying the approval of the development order have occurred or the
development order was based on substantially inaccurate information provided by
the developer or that the application of this section to the development order is
clearly established to be essential to the public health, safety and welfare; or
d. The new requirements would not change or alter a DRI development order that they
would materially or substantially affect the developer's ability to complete the
development authorized by the DRI development order.
2. Construction of public facilities that is consistent with the Collier County Growth Management
Plan.
3. Temporary construction and development permits and any subsequent renewals.
4. Development orders permitting replacement, reconstruction or repair of existing develop-
ment consistent with all elements of the Growth Management Plan.
5. Temporary use permits and any subsequent renewals.
6. For public school facilities, the following shall be exempt from the terms of this section.
a. Single family and mobile home lots of record, existing as of October 14, 2008, the
effective date of the public school concurrency agreement under the 2008 Interlocal
Agreement between Collier County and the District School Board of Collier County.
b. Any new residential development that had a final subdivision plat or site develop-
ment plan approval as of the effective date of school concurrency, October 14,
2008.
c. Any amendment to any previously approved residential development order that
does not increase the number of dwelling units or change the dwelling unit type
(e.g., single family to multi-family).
d. Age-restricted communities with no permanent residents under the age of 18 years.
Exemption of an age-restricted community will be subject to a restrictive covenant
limiting the age of permanent residents to 18 years and older.
e. All new residential subdivision plats and site development plans or amendments to
previously approved residential development orders, which are calculated to
generate less than 1 student.
f. Development that has been authorized as a Development of Regional Impact(DRI)
pursuant to Ch. 380, F.S. as of July 1, 2005.
7. Developments that claim vested status from the Growth Management Plan adopted January
10, 1989 and its implementing regulations and have a determination of vested rights for a
certificate of public facility adequacy in accordance with LDC section 9.02.00.
Supp. No. 14 LDC10:83
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.07 C. 10.02.07 C.4.
C. Certificate of Public Facility Adequacy(COA) for Roadways.
1. Applicability. The issuance of a COA for roadways shall demonstrate proof of adequate
roadways to serve the development approved by the development order.
2. Issuance of a COA for roadways.
a. A COA for roadways may be issued subsequent to estimated road impact fee
payment pursuant to LDC section 10.02.07 C.S. and only with the approval of one of
the following:
i. A final subdivision plat and amendments thereof;
ii. A final approved site development plan or site improvement plan and
amendments thereof;
iii. A building permit or mobile home tie-down permit issued by the County; or
iv. Pursuant to the terms of an enforceable development agreement with
Collier County pursuant to the provisions of F.S. § § 163.3220 -163.3242 or
other agreement acceptable to the Board of County Commissioners, in
conjunction with the approval of a development order and/or a certificate of
public facility adequacy.
3. Exceptions. Non-residential developments (i.e. commercial or industrial) otherwise required
to obtain approval of a site development plan prior to the issuance of a building permit or
applicants for a final subdivision plat may elect to:
a. Comply with the applicable regulations of this section as to one or more of the lot(s)
of the final subdivision plat and obtain a COA specifically for just that lot or lots at a
specified intensity of development; or
b. Delay submitting a Transportation Impact Statement(TIS)and obtaining a COA for all
of the proposed lots, or just those remaining lots not then already complying with this
section, until a required site development plan is applied for and the terms of this
section are then complied with including payment of estimated transportation impact
fees. However, the subject development is not allocated any available road system
capacity or considered eligible to be vested for transportation concurrency purposes
until approval of a TIS, payment of estimated Transportation Impact Fees in
accordance with this subsection,and issuance of a COA in accordance with Chapters
3, 6, and 10 of the LDC.
4. One year Traffic Capacity Reservation.
a. At the time of TIS approval by the Engineering Services Director or designee a 1 year
Traffic Capacity Reservation shall be set aside and allocated by the County Manager
or designee for the proposed development pending the approval of the final local
development orders identified in LDC section 10.02.07 C.2.a.
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10.02.07 C.4. 10.02.07 D.2.
b. Following approval of a final local development order identified in LDC section
10.02.07 C.2.a,the estimated roadway impact fees shall be paid within 1 year of the
TIS approval to secure the COA.
c. Failure to pay the estimated roadway impact fees following the approval of a final
local development order identified in LDC section 10.02.07 C.2.a.within the 1 year
of Traffic Capacity Reservation shall require the applicant to re-apply for a COA.
d. If a final local development order identified in LDC section 10.02.07 C.2.a. is not
approved within 1 year of the TIS approval date,the applicant may petition the Board
of County Commissioners to extend the Traffic Capacity Reservation for 1 year.
5. Roadway Impact Fee Payment.
a. Estimated Roadway Impact Fee. In order to obtain a COA the applicant shall pay the
estimated road impact fees in accordance with Code of Laws and Ordinances
Chapter 74-302(h)which identifies the amount and the timing of roadway impact fee
payments.
b. Final Payment of Roadway Impact Fee. Following the estimated roadway impact fee
payment, all remaining roadway impact fees shall be paid in accordance with the
Code of Laws and Ordinances section 74-302(h)(1).
c. Roadway impact fees paid to obtain a COA are non-refundable after payment and
issuance.
D. Process for Certificate of Public Facility Adequacy for Roadways.
1. Process.The Administrative Code shall establish the procedures and submittal requirements
for obtaining a COA.
a. An application for a COA for roadways shall be submitted in conjunction with a final
local development order identified in LDC subsection 10.02.07 C.2.a.
b. Application fees for a COA shall be in an amount determined by the Board of County
Commissioners and shall accompany the application. An application shall not be
deemed complete until the application fees have been paid.
2. Assignability and transferability.
a. An approved certificate of public facility adequacy shall run with the land associated
with the corresponding development approval. A certificate of public facility ade-
quacy shall be assignable within the corresponding land of the approved develop-
ment, and shall not be assignable or transferable to other development, except as
may otherwise be provided for under an approved development agreement. This
provision does not preclude the re-allocation of capacity between lots or parcels
comprising the land that is the subject of the same consolidated application for
development approval so long as the original certificate is surrendered along with
a written request by the then current owner to re-allocate no more than that
certificate's previously approved capacity in a re-issued certificate.
Supp. No. 14 LDC10:85
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.07 D.2. 10.02.07 F.2.
b. In the event that upon build-out of the development estimated transportation impact
fees are still unspent, the remaining balance of such estimated fees may be
transferred in accordance with Code of Laws and Ordinances section 74-203(b).The
COA shall be modified to reflect the built-out development.
c. In the event that the estimated transportation impact fees are 100% paid for all
development identified in the COA and such estimate exceeds the projected
calculation of the required transportation impact fees,the remaining balance may be
transferred to another approved project within the same, or adjacent, transportation
impact fee district.
3. Appeal of public facilities determination.Appeals shall be consistent with Code of Laws and
Ordinances section 250-58.
E. Issuance of a Certificate of Public Facility Adequacy (COA) for Non-Roadway public facilities.
1. Non-Roadway Impact Fee Payment. Non-roadway impact fees shall be in accordance with
Code of Laws and Ordinances section 74-302.
2. Non-Roadway Impact Fee Process. A COA for all non-roadway "Category A" capital
improvements is deemed applied for concurrent with the building application and shall be
issued simultaneously with the issuance of the building permit.
3. Appeal of public facilities determination. Appeals shall be consistent with Code of Laws and
Ordinances section 250-58.
F. Standards for review of application. The following standards shall be used in the determination of
whether to grant or deny a certificate of public facility adequacy if the State of Florida adopts
legislation to ban the collection of impact fees. Before issuance of a certificate of public facility
adequacy, the application shall fulfill the standards for the following public facility components:
1. Potable water facilities.
a. The potable water component shall be granted if any of the following conditions are
met:
i. The required public facilities are in place at the time a final site development
plan, final subdivision plat or building permit is issued.
ii. The required public facilities are under construction at the time a final site
development plan, final subdivision plat or building permit is issued.
iii. The required public facilities are guaranteed in an enforceable development
agreement that includes the provisions of the LDC section 10.02.07, above.
2. Sanitary sewer facilities and solid waste facilities.
a. The sanitary sewer component shall be granted if any of the following conditions are
met:
The required public facilities are in place at the time a final site development
�.. plan, final subdivision plat or building permit is issued.
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APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.07 F.2. 10.02.07 F.S.
ii. The required public facilities are under construction at the time a final site
development plan, final subdivision plat or building permit is issued.
iii. The required public facilities are guaranteed in an enforceable development
agreement that includes the provisions of sections i. and ii.
3. Drainage facilities. The drainage component shall be granted if the proposed development
has a drainage and water management plan that has been approved by the Environmental
Services Division that meets the LOS for capital drainage facilities defined in LDC section
6.02.01 D.
4. Park and recreation facilities.
a. The parks and recreation component shall be granted if any of the following
conditions are met:
i. The required public facilities are in place at the time a final site development
plan, final subdivision plat or building permit is issued.
ii. The required public facilities are under construction at the time a final site
development plan, final subdivision plat or building permit is issued.
iii. The required public facilities are the subject of a binding contract executed
for the construction of those public facilities, which provides for the com-
mencement of actual construction within 1 year of issuance of a final site
development plan, final subdivision plat or a building permit.
iv. The required public facilities are guaranteed in an enforceable development
agreement that includes the provisions of sections i., ii., and iii. above.
5. Public school facilities.The determination of public facility adequacy for school facilities shall
occur only after the School District has issued a school capacity availability determination
letter (SCADL) verifying that capacity is available to serve the development. Public facility
adequacy for school facilities shall be granted if any of the following conditions are met.
a. The necessary facilities and services are in place at the time a final site development
plan or final subdivision plat is approved;
b. The necessary facilities and services are under construction or the contract for such
facilities and services has been awarded,accepted, and duly executed by all parties,
at the time a final site development plan or final subdivision plat is approved;
c. The necessary facilities and services are found in the first,second or third year of the
School District of Collier County's Five-Year Capital Improvement Plan; or
d. The necessary facilities and services are subject of a development agreement to
contribute proportionate share funding as provided for in Policy 2.4 in the Public
School Facilities Element of the Growth Management Plan or to construct the needed
facilities.
(Ord. No. 05-27, § 3.XX; Ord. No. 06-63, § 3.TT; Ord. No. 08-63, § 3.MM; Ord. No. 10-23, § 3.SS; Ord. No.
12-38, § 3.11; Ord. No. 13-56, § 3.00; Ord. No. 15-44, § 3.L)
Supp. No. 14 LDC10:87
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.08 10.02.08 E.2.
10.02.08 Requirements for Amendments to the Official Zoning Atlas
A. Purpose and intent. The official zoning atlas may, from time to time, be amended, supplemented,
changed or repealed. Procedures shall be as follows:
B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by:
1. Board of county commissioners.
2. Planning commission.
3. Board of zoning appeals.
4. Any other department or agency of the county.
5. Any person other than those listed in 1.-4. above; provided, however, that no person shall
propose an amendment for the rezoning of property (except as agent or attorney for an
owner) which he does not own. The name of the owner shall appear in each application.
C. All proposals for zoning amendments shall be considered first by the Planning Commission in the
manner provided in this section.
D. All proposals for zoning amendments shall be submitted as established in the Administrative Code
and accompanied by all pertinent information required by the LDC and which may be required by the
Planning Commission for proper consideration of the matter, along with payment of such fees and
charges as have been established by the Board of County Commissioners. No application for zoning
amendment shall be heard by the Planning Commission until such fees and charges have been paid.
1. Rezoning application processing time. An application for a rezoning, amendment or change
will be considered "open" when the determination of "sufficiency" has been made and the
application is assigned a petition processing number. An application for a rezoning,
amendment or change will be considered "closed" when the applicant withdraws the subject
application through written notice or ceases to supply necessary information to continue
processing or otherwise actively pursue the rezoning, amendment or change, for a period of
6 months. An application deemed "closed" will not receive further processing and shall be
withdrawn.An application "closed"through inactivity shall be deemed withdrawn.The County
Manager or designee 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 submission of a new application, repayment of all application fees and
the grant of a determination of"sufficiency". Further review of the request will be subject to the
then current code.
E. Planning Commission hearing and report to the Board of County Commissioners.
1. Time limits.Unless a longer time is mutually agreed upon by the Planning Commissioners,the
Planning Commission shall file its recommendations with the Board of County Commission-
ers within 45 days after the public hearing before the Planning Commission has been closed.
2. Presentation of evidence. The staff report on the application for rezoning shall be presented
prior to the close of the public hearing on the application.The applicant shall be afforded the
opportunity, prior to the close of the public hearing, to respond to any contentions presented
Supp. No. 14 LDC10:88
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
1._0.02.08 E.2. 10.02.08 E.2.
by any testimony or other evidence presented during the public hearing,and to respond to the
staff report, after receipt of which the hearing shall be concluded, unless the hearing is
continued and the matter referred back to staff for further consideration of such matters as the
Planning Commission may direct.
Supp. No. 14 LDC10:88.1
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.08 F. 10.02.08 F.16.
F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the
report and recommendations of the Planning Commission to the Board of County Commissioners
required in LDC section 10.02.08 E shall show that the Planning Commission has studied and
considered the proposed change in relation to the following findings, when applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property proposed for change.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner
as contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Supp. No. 11 LDC10:89
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.08 F.17. 10.02.08 1.1.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan
and as defined and implemented through the Collier County Adequate Public Facilities
Ordinance [Code ch. 106, art. II], as amended.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem
important in the protection of the public health, safety, and welfare.
G. Adequate public facilities. The applicant may provide all required existing community and public
facilities and services for the requested rezone needs in any one of the following manners:
1. Petition for a rezone at such time as all required adequate existing community and public
facilities and services have been provided at public expense according to the capital
improvement program; or
2. Petition for a rezone at such time as all required existing community and public facilities and
services have been provided at the private expense of the applicant; or
3. Post a surety in lieu of completed improvements to guarantee that all of the required
community and public facilities and services will be provided; or
4. Facilities for parks and schools through land dedication or fee in lieu of such dedication; or
5. Other method acceptable to Board of County Commissioners.
H. Other proposed amendments. When pertaining to other proposed amendments of these zoning
regulations, the Planning Commission shall consider and study:
1. The need and justification for the change;
2. The relationship of the proposed amendment to the purposes and objectives of the county's
growth management plan,with appropriate consideration as to whether the proposed change
will further the purposes of these zoning regulations and other County codes, regulations,and
actions designed to implement the Growth Management Plan.
Restrictions, stipulations and safeguards. The Planning Commission may recommend that a petition
to amend, supplement or establish a zoning district be approved subject to stipulations, including, but
not limited to limiting the use of the property to certain uses provided for in the requested zoning
district.The governing body, after receiving the recommendation from the Planning Commission on a
request to amend, supplement or establish a zoning district, may grant or deny such amendment or
supplement and may make the granting conditional upon such restrictions, stipulations and safe-
guards as it may deem necessary to ensure compliance with the intent and purposes of the Growth
Management Plan.
1. Restrictions, stipulations and safeguards attached to an amendment, supplement, or estab-
lishment of a zoning district may include, but are not limited to those necessary to protect
adjacent or nearby landowners from any deleterious effects from the full impact of any
permitted uses, limitations more restrictive than those generally applying to the district
regarding density, height, connection to central water and sewer systems and stipulations
requiring that development take place in accordance with a specific site plan.The maximum
density permissible or permitted in a zoning district within the urban designated area shall not
Supp. No. 11 LDC10:90
APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES
10.02.08 1.1 10.02.08 1.2.
exceed the density permissible under the density rating system. The Board of County
Commissioners shall be required to condition and limit the density of a zoning district to a
density not to exceed the maximum density permissible under the density rating system.The
governing body may also stipulate that the development take place within a given period of
time after which time public hearings will be initiated and the district returned to the original
designation or such other district as determined appropriate by the governing body in
accordance with the Growth Management Plan and LDC sections 10.02.12 D.and 10.02.08 L.
Any restrictions, stipulations and safeguards attached to an amendment or rezoning including
those identified in LDC section 10.02.08 H. may be indicated on the official zoning atlas in a
manner deemed by the county to be appropriate and informative to the public. In cases where
stipulations, restrictions or safeguards are attached, all representations of the owner or his
agents at public hearings shall be deemed contractual and may be enforced by suit for
injunction or other appropriate relief.All conditions, restrictions, stipulations and safeguards
which are a condition to the granting of the change in zoning district shall be deemed
contractual and may be enforced by suit for injunction or other appropriate relief. All costs,
including reasonable attorney's fees shall be awarded to the governmental unit if it prevails in
such suit.
2. Dedication of public facilities and development of prescribed amenities.
a. Public facility dedication.The Board of County Commissioners may, as a condition of
approval and adoption of the rezoning required that suitable areas for streets, public
rights-of-way, schools, parks, and other public facilities be set aside, improved,
and/or dedicated for public use.Where impact fees are levied for 1 or more such public
facilities,the market value of the land set aside for the public purpose shall be credited
towards impact fees to the extent authorized by the County's Consolidated Impact Fee
Ordinance. Said credit shall be based on a negotiated amount not greater than the
market value of the set aside land prior to the rezoning action, as determined by an
accredited appraiser from a list approved by Collier County. Said appraisal shall be
submitted to the County Attorney's office and the real property office within 90 days of
the date of approval of the rezone, or as otherwise extended in writing by Collier
County, so as to establish the amount of any impact fee credits resulting from said
dedication. Failure to provide said appraisal within this 90-day time frame shall
automatically authorize the county to determine the market value of the property.
Impact fee credits shall only be effective after recordation of the conveyance document
conveying the dedicated property to Collier County.Where the term Collier County is
used in this section,it shall be construed to include the Collier County Water and Sewer
District or other agency or dependant district of Collier County Government.
b. Land set aside and/or to be improved as committed as part of the rezoning approval
shall be deeded or dedicated to Collier County within 90 days of receipt of notification
by the county that the property is needed for certain pending public improvements or
as otherwise approved by the Board of County Commissioners during the rezoning
approval process. In any case, however, the county shall take title to the set aside
property, at the latest, by a date certain established during, and condition on, the
approval of the rezoning action.At no cost to the county,the land set aside and/or to be
improved shall be made free and clear of all liens, encumbrances and improvements,
at the applicant's sole expense,except as otherwise approved by the board.Failure to
Supp.No.17 LDC10:91
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.08 1.2. 10.02.08 M.2.
deed the land or complete the dedication within the 90 day appropriate time frame
noted above may result in a recommendation to the board for consideration of rezoning
the subject parcel from its current zoning district to an appropriate zoning district and
may be a violation of this LDC pursuant to LDC section 8.08.00.
c. Should the dedication of land also include agreed upon improvements, said improve-
ments shall be completed and accepted by Board of County Commissioners at the
development phase which has infrastructure improvements available to the parcel of
land upon which said improvements are to be made,or at a specified time provided for
within the ordinance approving the rezone.
J. Status of Planning Commission report and recommendations.The report and recommendations of the
Planning Commission required by LDC section 10.02.08 E shall be advisory only and not be binding
upon the Board of County Commissioners.
K. Board of County Commissioner's action on the Planning Commission report.
1. Upon receipt of the Planning Commission's report and recommendations,the Board of County
Commissioners shall hold a second public hearing with notice to be given pursuant to the
provisions of general law. The reports and recommendations of the staff and the Planning
Commission on the application shall be presented prior to the close of the public hearing on the
application.The applicant shall have the right,prior to the close of the public hearing,to respond
to any contentions presented by any testimony or other evidence presented during the public
hearing.
2. In the case of all proposed changes or amendments, such changes or amendments shall not
be adopted except by the affirmative vote of 4 members of the Board of County Commissioners.
L. Failure of Board of County Commissioners to act. If a Planning Commission recommendation is not
legislatively decided within 90 days of the date of closing of the public hearing by the Board of County
Commissioners,the application upon which the report and recommendation is based shall be deemed
to have been denied, provided that Board of County Commissioners may refer the application to the
Planning Commission for further study.
M. Limitations on the rezoning of property.
1. No change in the zoning classification of property shall be considered which involves less than
40,000 square feet of area and 200 feet of street frontage except: where the proposal for
rezoning of property involves an extension of an existing or similar adjacent district boundary;
within the broader land use classification of "C" districts, "RSF" districts, "RMF" districts,
wherein such rezone is compatible with, or provides appropriate transition from, adjacent
districts of higher density or intensity.However,the requirement of 200 feet of street frontage
shall not apply to rezone petitions that provide 80 percent or more affordable housing units.
2. Whenever the Board of County Commissioners has denied an application for the rezoning of
property, the Planning Commission shall not thereafter:
a. Consider any further application for the same rezoning of any part or all of the same
property for a period of 12 months from the date of such action;
Supp.No.17 LDC10:92
APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES
10.02.08 M.2. 10.02.09 A.1.
b. Consider an application for any other kind of rezoning of any part or all of the same
property for a period of 6 months from the date of such action.
3. Except as otherwise provided within section 10.02.12 D.all zoning approvals for which a final
development order has not been granted within 5 years of the date of its approval shall be
evaluated to determine if the zoning classification for the property should be changed to a
lower, or more suitable classification.During the fifth year after the date of the zoning approval
by the Board of County Commissioners and during every fifth year thereafter, the County
Manager or designee shall prepare a report on the status of the rezoned property.The purpose
of the report will be to evaluate what procedural steps have been taken to develop the property
under its current zoning classification.Should the County Manager or designee determine that
development has commenced,then the land shall retain its existing zoning classification and
shall not be subject to additional review and classification change.Should the County Manager
or designee determine that development has not commenced, then upon review and consid-
eration of the report and any supplemental information that may be provided, the Board of
County Commissioners shall elect one of the following:
a. To extend the current zoning classification on the property for a maximum period of 5
years; at the end of which time, the property shall again be evaluated under the
procedures as defined herein.
b. Direct the appropriate county staff to begin rezoning procedures for said property.The
existing zoning classification of the property shall remain in effect until subsequent
action by the board on the property.
c. In the case of developments of regional impact, time limit restrictions shall be
superseded by the phasing plan and/or time limits contained within the application for
development approval and approved as part of a development order in conformance
with F.S.§ 380.06.
N. Applications for rezones to a specific use.The applicant for any rezoning application may, at his or her
option, propose a specific use or ranges of uses permitted under the zoning classification for which
application has been made. As a condition of approval of such proposal, the development of the
property which was the subject of the rezoning application shall be restricted to the approved use or
range of uses.Any proposed addition to the approved use or range of uses shall require resubmittal of
a rezoning application for the subject property.
O. Waiver of time limits.The time limits of 10.02.08 M above may be waived by 3 affirmative votes of the
Board of County Commissioners when such action is deemed necessary to prevent injustice or to
facilitate the proper development of Collier County.
(Ord. No.08-08, § 3.P;Ord. No. 13-56, §3.PP;Ord. No. 14-33, § 3.Z)
10.02.09 Requirements for Text Amendments to the LDC
A. Text Amendments to the LDC.
1. The LDC may only be amended in such a way as to preserve the consistency of the LDC with
the Growth Management Plan.
Supp.No.17 LDC10:93
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.09 A.2. 10.02.13 A.4.
2. The Administrative Code shall establish the submittal requirements for LDC amendments.
(Ord. No. 13-56, § 3.QQ;Ord. No. 18-18, §3.P)
10.02.10 Submittal Requirements for Amendments to Development Orders [Reserved]
10.02.11 Submittal of Streetlight Plans
A. Streetlights. All street lighting plans shall be prepared by an electrical engineer.
10.02.12 Submittal Requirements for Non-PUD Residential Rezones
A. Submittal of School Impact Analysis (SIA) application for residential projects.The applicant shall
submit a completed SIA application for the School District's review for a determination of school
capacity. Refer to section 10.04.09 for SIA requirements.
(Ord. No. 10-23, § 3.TT)
10.02.13 Planned Unit Development(PUD) Procedures
A. Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master
plan of development along with a list of permitted and accessory uses and a development standards
table. The PUD application shall also include a list of developer commitments and any proposed
deviations from the LDC.The PUD master plan shall have been designed by an urban planner who
possesses the education and experience to qualify for full membership in the American Institute of
Certified Planners; and/or a landscape architect who possesses the education and experience to
qualify for full membership in the American Society of Landscape Architects, together with either a
practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State
of Florida.
1. PUD master plan. The Community Character Plan For Collier County, Florida (April 2001)
should be referenced as a guide for development and redevelopment in the PUD district.The
Administrative Code shall establish the information to graphically illustrate the development
strategy.
2. PUD application. The applicant shall submit data supporting and describing the petition for
rezoning to PUD that includes a development standards table,developer commitments and a
list of deviations from the LDC. Dimensional standards shall be based upon an established
zoning district that most closely resembles the development strategy, particularly the type,
density and intensity, of each proposed land use. The PUD application shall include the
information identified in the Administrative Code unless determined by the Planning and Zoning
Director to be unnecessary to describe the development strategy.
3. Deviations from master plan elements. The Zoning and Land Development Review Depart-
ment Director may exempt a petition from certain required elements for the PUD master plan
identified in the Administrative Code when the petition contains conditions which demonstrate
the element may be waived and will not have a detrimental effect on the health, safety and
welfare of the community.All exemptions shall be noted within the PUD submittal and provided
to the Board of County Commissioners.
4. Submittal of School Impact Analysis(SIA)application for residential projects.The applicant
shall submit a completed SIA application for the School District's review for a determination of
school capacity. Refer to LDC section 10.04.09 for SIA requirements.
Supp.No.17 LDC10:94
APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES
10.02.13 B. 10.02.13 B.2.
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with
LDC section 10.02.08 shall be submitted and processed as for a rezoning amendment generally
pursuant to LDC section 10.02.08 and in accordance with the following special procedures:
1. Pre-application meeting. Prior to the submission of a formal application for rezoning to PUD,
the applicant shall confer with the Planning and Zoning Department Director and other County
staff, agencies, and officials involved in the review and processing of such applications and
related materials.The applicant is further encouraged to submit a tentative land use sketch
plan for review at the pre-application meeting,and to obtain information on any projected plans
or programs relative to possible applicable Federal or State requirements or other matters that
may affect the proposed PUD.The pre-application meeting should address,but is not limited to,
the following:
a. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land,surrounding areas,traffic and access,drainage,
sewer, water, and other utilities.
b. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense.Findings and recommendations of this type shall be made only after
consultation with the County Attorney.
c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future
Land Use Element of the Growth Management Plan.
d. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design,and buffering
and screening requirements.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
f. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
g. The ability of the subject property and of surrounding areas to accommodate expan-
sion.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
2. Prehearing conference. Prehearing conferences may be held between the applicant and/or
representatives and officials or representatives of the county prior to advertisement of the
hearing date. The purpose of the prehearing conference shall be to assist in bringing the
Supp.No.17 LDC10:95
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.13 B.2. 10.02.13 B.5.
application for rezoning to PUD as close to conformity with the intent of the LDC or other
applicable regulations, and/or to define specifically any justifiable variations from the applica-
tion of such regulations.
3. Staff review and recommendation. Based upon evaluation of the factors set forth above,
County staff shall prepare a report containing their review findings and a recommendation of
approval or denial.
4. Hearing before the Planning Commission. Public notice shall be given and a public hearing
held before the Planning Commission on the application for rezoning to PUD. Both the notice
and the hearing shall identify the application, by name and application number, proposed PUD
master plan of development, and required statements as they may have been amended as a
result of the prehearing conference conducted pursuant to LDC section 10.02.13 B.2.
5. Planning Commission hearing and recommendation. The Planning Commission shall make
written findings at an advertised public hearing as required in LDC section 10.02.08 and as
otherwise required in this section and shall recommend to the Board of County Commissioners
either approval of the PUD rezoning as proposed;approval with conditions or modifications;or
denial. In support of its recommendation, the Planning Commission shall make findings as to
the PUD master plan's compliance with the following criteria in addition to the findings in LDC
section 10.02.08.
a. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land,surrounding areas,traffic and access,drainage,
sewer, water, and other utilities.
b. Adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at
public expense. Findings and recommendations of this type shall be made only after
consultation with the County Attorney.
c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future
Land Use Element of the Growth Management Plan.
d. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design,and buffering
and screening requirements.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
f. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
g. The ability of the subject property and of surrounding areas to accommodate expan-
sion.
Supp.No.17 LDC10:96
APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES
10.02.13 B.S. 10.02.13 E.1.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
6. Action by Board of County Commissioners. Unless the application is withdrawn by the
applicant or deemed "closed" pursuant to LDC section 2.03.06, the Board of County Com-
missioners shall, upon receipt of the Planning Commission's recommendation, advertise and
hold a public hearing on the application.The notice and hearing shall be on the PUD rezone
application, PUD master plan of development and PUD ordinance, as recommended by the
Planning Commission to the Board of County Commissioners.The Board of County Commis-
sioners shall either approve the proposed rezoning to PUD; approve with conditions or
modifications;or deny the application for PUD rezoning.
C. Effect of planned unit development zoning. If approved by the Board of County Commissioners, the
PUD master plan for development,the PUD ordinance and all other information and materials formally
submitted with the petition shall be considered and adopted as an amendment to the LDC and shall
become the standards for development for the subject PUD.The development in the area delineated
as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted
development regulations and the PUD master plan for said PUD district, except that approval and
adoption of a PUD ordinance or PUD master plan does not authorize or vest the location, design,
capacity, or routing of traffic for any access point depicted on,or described in, such ordinance or plan.
Before development of any type may proceed, all agreements, conditions of approval, and contracts
required, but not approved at the time of amending action, shall be approved by appropriate officers or
agencies of the County.Issuance of a final development order within any tract or increment within the
PUD shall first require compliance with all sections of the Collier County subdivision regulations
(Chapter 10 of the LDC) and/or the site development plan regulations (LDC section 10.02.03) as
appropriate.
D. Time limits for approved PUDs. If prior to July 14, 2014 a PUD contains a sunset provision, the sunset
provision shall be deemed null and void. Development rights conferred by an approved PUD shall
remain in force so long as they are in accordance with the Collier County Growth Management Plan,as
amended.
E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial,
Insubstantial, and Minor.
1. Substantial changes.Any substantial change(s) to an approved PUD Ordinance shall require
the review and recommendation of the Planning Commission and approval by the Board of
County Commissioners as a PUD amendment prior to implementation. Applicants shall be
required to submit and process a new application complete with pertinent supporting data, as
set forth in the Administrative Code.For the purpose of this section,a substantial change shall
be deemed to exist where:
a. A proposed change in the boundary of the PUD;
b. A proposed increase in the total number of dwelling units or intensity of land use or
height of buildings within the development;
Supp.No.17 LDC10:97
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.13 E.1. 10.02.13 E.2.
c. A proposed decrease in preservation, conservation, recreation or open space areas
within the development not to exceed 5 percent of the total acreage previously
designated as such, or 5 acres in area;
d. A proposed increase in the size of areas used for nonresidential uses, to include
institutional, commercial and industrial land uses (excluding preservation, conserva-
tion or open spaces), or a proposed relocation of nonresidential land uses;
e. A substantial increase in the impacts of the development which may include, but are
not limited to,increases in traffic generation;changes in traffic circulation;or impacts on
other public facilities;
f. A change that will result in land use activities that generate a higher level of vehicular
traffic based upon the Trip Generation Manual published by the Institute of Transpor-
tation Engineers;
g. A change that will result in a requirement for increased stormwater retention, or will
otherwise increase stormwater discharges;
h. A change that will bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use;
Any modification to the PUD master plan or PUD document or amendment to a PUD
ordinance which is inconsistent with the Future Land Use Element or other element of
the Growth Management Plan or which modification would increase the density or
intensity of the permitted land uses;
j. The proposed change is to a PUD district designated as a development of regional
impact (DRI) and approved pursuant to F.S.§ 380.06, where such change requires a
determination and public hearing by Collier County pursuant to F.S.§380.06(19).Any
change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a
DRI/PUD master plan that clearly do not create a substantial deviation shall be
reviewed and approved by Collier County under this LDC section 10.02.13;or
k. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impact(s)any consideration deemed to be a substantial modification
as described under this LDC section 10.02.13.
2. Insubstantial change determination.An insubstantial change includes any change that is not
considered a substantial or minor change. An insubstantial change to an approved PUD
Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require
the review and approval of the Planning Commission.The Planning Commission approval shall
be based on the findings and criteria used for the original application and be an action taken at
a regularly scheduled meeting.
a. The applicant shall provide the Planning and Zoning Department Director documen-
tation which adequately describes the proposed changes as described in the Admin-
istrative Code.
Supp.No.17 LDC10:98
APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES
10.02.13 E.3. 10.02.13 E.3.
3. Minor changes.The following are considered minor changes, and may be approved by the
County Manager or designee under the procedures established in the Administrative Code.
a. Educational and ancillary plants exception.When a PUD is amended for the sole
purpose of adding an Educational and/or ancillary plant,that PUD will not be subject
to the review process outlined in section 10.02.13 E.1.The review conducted will be
limited to the impacts that the Educational or ancillary plant will have on the
surrounding uses.
b. The County Manager or designee shall also be authorized to allow minor changes to
the PUD master plan during its subdivision improvements plan or site development
plan process to accommodate topography, vegetation and other site conditions not
identified or accounted for during its original submittal and review and when said
changes have been determined to be compatible with adjacent land uses, have no
impacts external to the site,existing or proposed, and is otherwise consistent with the
provisions of this code and the growth management plan.Such changes shall include:
i. Internal realignment of rights-of-way, including a relocation of access points
to the PUD itself, where no water management facility, conservation/
preservation areas,or required easements are affected or otherwise provided
for.
ii. Relocation of building envelopes when there is no encroachment upon
required conservation or preservation areas.
iii. Relocation of swimming pools, clubhouses, or other recreation facilities when
such relocation will not affect adjacent properties or land uses.
iv. Relocation or reconfiguration of lakes, ponds, or other water facilities subject
to the submittal of revised water management plans, or approval of the EAC
where applicable.
Minor changes of the type described above shall nevertheless be reviewed by
appropriate staff to ensure that said changes are otherwise in compliance with all
county ordinances and regulations prior to the Planning and Zoning Department
Director's consideration for approval.
c. Affordable housing commitments. Beginning October 3, 2012 the County Manager or
designee shall be authorized to make minor text changes to remove affordable housing
commitments to pay an affordable housing contribution in PUDs, Development
Agreements, and Settlement Agreements if the following conditions are met:
The applicant notices property owners in writing in accordance with LDC
section 10.03.06 T.
ii. If no written objection is received, the request to remove commitments is
deemed approved.
iii. If a property owner who receives notice submits a written objection within 30
days of mailing of the notice, the matter shall be scheduled for public hearing
before the Board of County Commissioners. Public notice shall comply with
LDC sections 10.03.05 and 10.03.06.
Supp.No.17 LDC10:99
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.13 F. 10.02.13 F.7.
F. PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or
intensities of land use will not be exceeded and that development commitments will be fulfilled and are
consistent with the development's approved transportation impact study, annual monitoring reports
must be submitted by the owner(s) of a PUD to the County Manager or designee.
1. The report shall be submitted annually, on or before the anniversary date of approval by the
Board until the PUD is completely constructed and all commitments in the PUD document/
master plan are met (built out).
a. A tract or parcel of a PUD that has completed construction within that tract may be
considered built-out and is not responsible for annual monitoring reports,as long as all
PUD commitments within that tract are complete.This built-out status does not exempt
the tract owner(s)from commitments applicable to the entire PUD.
2. The Administrative Code shall establish the submittal requirements for a PUD Annual Monitor-
ing Report.
3. Monitoring reports must be submitted in affidavit form approved by Collier County to be
executed by the owner(s)of the PUD.
4. County will be given at least 6 month's prior written notice to a change in ownership, to a
community association,including but not limited to transfer of all or part of the development to
a Home Owners Association, Property Owners Association, Master Association, or similar
entity.Change 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 filing
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 and Zoning Department Director shall automatically transfer responsi-
bility for filing that annual monitoring report.
5. A release of a PUD commitment determined to be no longer necessary shall be brought as an
agenda item to the Board of County Commissioners for their approval.
6. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar
entity" may petition the Board of County Commissioners to relinquish the development rights
to any un-built units and declare themselves "built-out" in order to satisfy all reporting
requirements.The applicant shall be responsible for any documentation required to verify the
status of the PUD when requesting a waiver or a determination of"built-out"status.
7. Traffic Count Monitoring requirements.A onetime payment for permanent traffic count stations
shall be due at the time of the first PUD Annual Monitoring Report following the first certificate
of occupancy within the PUD.The payment shall be based upon the number of ingress and/or
egress points (Access Points) based upon the conceptual Master Plan within the PUD
Ordinance.Each Access Point shall require a payment of$500.00.If additional Access Points
are granted at any time, an additional payment of$500 per Access Point will be payable with
the following PUD Annual Monitoring Report.The Traffic Count monitoring requirement shall be
considered fulfilled for all PUDs that have already provided at least one traffic count or payment
in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific
commitments within their ordinances shall remain in effect.
Supp.No.17 LDC10:100
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.13 G. 10.02.13 K.2.
G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00.
H. Interpretations of PUD documents.The Planning Services Department Director shall be authorized to
interpret the PUD document and PUD master plan.
Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD
document or PUD master plan submitted after January 8, 2003, shall comply with the amended
procedures set forth in LDC section 10.02.13 of this Code.All PUDs existing and future, shall comply
with the sunset provisions established pursuant to LDC section 10.02.13 D. of this Code.
1. All applications for a PUD rezoning or an amendment to an existing PUD document or PUD
master plan whether submitted before or after [the effective date of this ordinance], shall
comply with the processing time procedures set forth in this section of the Code.
J. Planned unit development districts application processing. An application for a planned develop-
ment rezoning, amendment or change will be considered "open" when the determination of
"sufficiency" has been made and the application is assigned a petition processing number. An
application for a planned development rezoning, amendment or change will be considered "closed"
when the petitioner withdraws the subject application through written notice or ceases to supply
necessary information to continue processing or otherwise actively pursue the rezoning, for a period
of 6 months.An application deemed "closed" will not receive further processing and an application
"closed" through inactivity shall be deemed withdrawn.The County Manager or designee will notify
applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of
a petition. An application deemed "closed" may be re-opened by submitting a new application,
repayment of all application fees and granting of a determination of"sufficiency". Further review of the
project will be subject to the then current LDC.
K. Dedication of the public facilities and development of prescribed amenities.
1. The Board of County Commissioners may, as a condition of approval and adoption of a PUD
rezoning and in accordance with the approved master plan of development, require that
suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be
set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or
more required public facilities, the market value of the land set aside for the public purpose
may be credited towards such impact fees to the extent authorized by the County's
Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no
greater than the market value of the set aside land prior to the rezoning action, as determined
by an accredited appraiser from a list approved by Collier County. Said appraisal shall be
submitted to the County Attorney's Office and the real property office within 90 days of the date
of approval of the rezone, or as otherwise extended in writing by the County Manager or
designee, so as to establish the amount of any impact fee credits resulting from said
dedication. Failure to provide said appraisal within this time frame shall automatically
authorize the county to determine the market value of the set aside property. Impact fee
credits shall only be effective after recordation of the document conveying the dedicated
property to Collier County.Where the term Collier County is used in this section, it shall be
construed to include the Collier County Water and Sewer District or other agency or
dependent district of Collier County Government.
2. Land set aside and/or to be improved as committed in the PUD document, or master plan, as
the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of
Supp.No.23 LDC10:101
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.13 K.2. 10.02.14 A.
notification by the county that the property is needed for certain pending public improvements
or as otherwise approved by the Board of County Commissioners during the PUD rezoning
approval process.In any case, however, the county shall take title to the set aside property, at
the latest, by a date certain established during, and conditioned on, the approval of the PUD
zoning.At no cost to the County, the land set aside and/or to be improved shall be made free
and clear of all liens, encumbrances and improvements, except as otherwise approved by the
Board.Failure to convey the deed or complete the dedication within the appropriate time frame
noted above may result in a recommendation to the Board for consideration of rezoning the
subject parcel from its current PUD zoning district to an appropriate zoning district and may
result in a violation of the LDC pursuant to LDC subsection 8.08.00 B.
3. Should said dedication of land also include agreed upon improvements, said improvements
shall be completed and accepted by the Collier County Board of Commissioners at the
development phase which has infrastructure improvements available to the parcel of land
upon which said improvements are to be made, or at a specified time provided for within the
PUD document.
L. Common open space or common facilities. Any common open space or common facilities
established by an adopted master plan of development for a PUD district shall be subject to the
following:
1. The PUD shall provide for and establish an organization for the ownership and maintenance
of any common open space and/or common facilities, and such organization shall not be
dissolved nor shall it dispose of any common open space or common facilities, by sale or
otherwise, except to an organization conceived and established to own and maintain the
�._ common open space or common facilities. However, the conditions of transfer shall conform
to the adopted PUD master plan.
2. In the event that the organization established to own and maintain common open space or
common facilities, or any successor organization, shall at any time after the establishment of
the PUD fail to meet conditions in accordance with the adopted PUD master plan of
development, the Planning and Zoning Director may serve written notice upon such
organization and/or the owners or residents of the planned unit development and hold a
public hearing. If deficiencies of maintenance are not corrected within 30 days after such
notice and hearing, the Planning and Zoning Director shall call upon any public or private
agency to maintain the common open space for a period of 1 year.When the Planning and
Zoning Director determines that the subject organization is not prepared or able to maintain
the common open space or common facilities, such public or private agency shall continue
maintenance for yearly periods.
3. The cost of such maintenance by such agency shall be assessed proportionally against the
properties within the PUD that have a right of enjoyment of the common open space or
common facilities and shall become a lien on said properties.
(Ord.No.04-72, § 3.DD;Ord.No.05-27, §3.ZZ;Ord.No.06-07, §3.W;Ord.No.06-63, § 3.UU;Ord.No.08-08,
§3.Q;Ord.No.09-22, §§ 1-3;Ord.No. 10-23, §3.UU;Ord.No. 11-21, § 1;Ord.No. 12-28, § 1;Ord.No. 12-38,
§ 3.JJ; Ord. No. 13-52, § 1; Ord. No. 13-56, § 3.RR; Ord. No. 14-33, § 3.AA; Ord. No.21-05, § 3.0)
10.02.14 Landscape Plans
A. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site
development plan, or building permit, an applicant whose development is covered by the
Supp.No.23 LDC10:102
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.03.05 B.1. 10.03.06 A.1.
b. For all other areas, except areas designated in the Rural Golden Gate Estates
Sub-Element or Urban Golden Gate Estates Sub-Elements of the Golden Gate Area
Master Plan, notices shall be sent to all property owners within 1,000 feet of the
property lines of the subject property.
c. For areas designated within the Rural and Urban Golden Gate Estates Sub-Element
of the Golden Gate Master Plan, notices shall be sent to all property owners within
one mile of the subject property lines.
d. Notices shall also be sent to property owners and condominium and civic associa-
tions whose members may be 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.
2. 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. Unless required by F.S.
§ 125.66(4),the mailed notice is a courtesy only and is not jurisdictional.Accordingly, provided
a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or
failure of an affected property owner to receive mailed notice will not constitute a defect in
notice or bar the public hearing as scheduled.
C. Newspaper Advertisement.
1. In accordance with F.S. § 125.66.
D. Posting of Signage.Where required, signs shall be posted 15 days prior to the first advertised public
hearing pursuant to the Administrative Code.
E. Agent Letter.Where required, an informational letter shall be sent by the owner or Agent to property
owners within 150 feet of the area covered by the petition following the initial staff review comments for
the petition and prior to the resubmittal of the petition to the County.
(Ord. No. 04-72, § 3.EE; Ord. No. 05-27, § 3.BBB; Ord. No. 05-37, § 1; Ord. No. 06-08, § 3.S; Ord. No. 06-63,
§ 3.VV;Ord. No.07-67, §3.W;Ord. No. 10-23, §3.VV;Ord. No. 12-38, § 3.KK;Ord. No. 13-56, § 3.TT; Ord. No.
14-33, § 3.BB; Ord. No. 21-25, § 3.E)
10.03.06 Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices.This section shall be
read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further
establishes the public notice procedures for land use petitions.
A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning
atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited
to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of
the land affected.This is commonly referred to as a LDC amendment.
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
Supp.No.24 LDC10:109
COLLIER COUNTY LAND DEVELOPMENT CODE
10.03.06 A.1. 10.03.06 D.2.
b. One BCC hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to each advertised public hearing in accordance with
F.S. § 125.66.
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For minor
conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see
10.03.06 K.:
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC or BZA hearing.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
c. Newspaper Advertisement prior to each advertised public hearing in accordance with
F.S. § 125.66.
d. Posting of a sign prior to the first advertised public hearing.
C. Minor conditional use.
1. The following advertised public hearings are required:
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant
to 10.03.06 B.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the advertised public hearing.
D. Conditional use extension, or conditional use re-review:
1. The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the advertised public hearing.
Supp.No.24 LDC10:110
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.03.06 D.2. 10.03.06 F.2.
b. Newspaper Advertisement prior to the advertised public hearing.
c. Posting of a sign prior to the advertised public hearing. Signage is not required for a
conditional use re-review.
E. Ordinance or resolution for comprehensive plan amendments:
1. The following advertised public hearings are required:
a. One or more Planning Commission hearings pursuant to F.S. Chapter 163.
b. One or more BCC hearings pursuant to F.S. Chapter 163.
2. The following notice procedures are required:
a. Small-scale amendments:
i. A NIM. See LDC section 10.03.05 A.
ii. Mailed Notice prior to the advertised Planning Commission hearing.
iii. Newspaper Advertisement prior to each advertised public hearing.
iv. Posting of a sign prior to the advertised Planning Commission hearing.
b. Large-scale amendments:
i. For all large-scale amendments, a Newspaper Advertisement prior to each
advertised public hearing.
ii. For large-scale amendments that are site-specific, the additional notice
procedures are required:
a) A NIM. See LDC section 10.03.05 A.
b) Mailed Notice prior to the advertised Planning Commission hearing.
c) Posting of a sign prior to the advertised Planning Commission
hearing.
F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08:
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. An Agent Letter shall be sent to property owners within 150 feet of the area covered
by the petition following the initial staff review comments and prior to the resubmittal
of the petition to the County.
Supp.No.24 LDC10:111
COLLIER COUNTY LAND DEVELOPMENT CODE
10.03.06 F.2. 10.03.06 1.1.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to each advertised public hearing.
d. Posting of a sign prior to the first advertised public hearing.
G. Parking exemption, pursuant to LDC section 4.05.02 K.3:
1. The following advertised public hearing is required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. An Agent Letter shall be sent to property owners within 150 feet of the area covered
by the petition following the initial staff review comments and prior to resubmittal of the
petition to the County.
b. Mailed Notice prior to each advertised public hearing. .
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the first advertised public hearing.
H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat
Dock Canopy Deviation:
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
2. The following notice procedures are required:
a. For a PDI, a NIM.See LDC section 10.03.05 A. However, upon written request by the
applicant, the Hearing Examiner has the discretion to waive the NIM after the first set
of staff review comments have been issued.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the advertised public hearing.
Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development
of Regional Impact (DRI):
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
Supp.No.24 LDC10:112
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.03.06 1.2. 10.03.06 1.2.
2. The following notice procedures are required:
a. In accordance with F.S. § 380.06 and the Florida Administrative Code.
[The next page is LDC10:117]
Supp.No.24 LDC10:113
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.03.05 B.2. 10.03.06 B.1.
2. 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. Unless required by F.S.
§ 125.66(4),the mailed notice is a courtesy only and is not jurisdictional.Accordingly, provided
a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or
failure of an affected property owner to receive mailed notice will not constitute a defect in
notice or bar the public hearing as scheduled.
C. Newspaper Advertisement.
1. In accordance with F.S. § 125.66.
D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first advertised public
hearing pursuant to the Administrative Code.
E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent to property
owners within 150 feet of the area covered by the petition following the initial staff review comments
for the petition and prior to the resubmittal of the petition to the County.
(Ord. No. 04-72, §3.EE; Ord. No. 05-27, §3.BBB;Ord. No. 05-37, § 1; Ord. No. 06-08, §3.S; Ord. No. 06-63,
§3.VV; Ord. No. 07-67, § 3.W; Ord. No. 10-23, § 3.VV; Ord. No. 12-38, § 3.KK; Ord. No. 13-56, § 3.TT; Ord.
No. 14-33, § 3.BB)
10.03.06 Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices. This section shall be
read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further
establishes the public notice procedures for land use petitions.
A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning
atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited
to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of
the land affected. This is commonly referred to as a LDC amendment.
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to each advertised public hearing in accordance with
F.S. § 125.66.
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For minor
conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see
10.03.06 K.:
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC or BZA hearing.
Supp. No. 12 LDC10:113
COLLIER COUNTY LAND DEVELOPMENT CODE
10.03.06 B.2. 10.03.06 E.1.
►- 2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
c. Newspaper Advertisement prior to each advertised public hearing in accordance with
F.S. § 125.66.
d. Posting of a sign prior to the first advertised public hearing.
e. For a rezoning or a PUD amendment the County shall notify by mail each owner
within the area covered by the proposed ordinance or resolution of the time, place,
and location of the public hearing before the BCC or BZA.
C. Minor conditional use.
1. The following advertised public hearings are required:
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner,then pursuant
to 10.03.06 B.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the advertised public hearing.
D. PUD extension, conditional use extension, or conditional use re-review:
1. The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the advertised public hearing.
b. Newspaper Advertisement prior to the advertised public hearing.
c. Posting of a sign prior to the advertised public hearing. Signage is not required for a
conditional use re-review.
E. Ordinance or resolution for comprehensive plan amendments:
1. The following advertised public hearings are required:
a. One or more Planning Commission hearings pursuant to F.S. Chapter 163.
�" b. One or more BCC hearings pursuant to F.S. Chapter 163.
Supp. No. 12 LDC10:114
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.03.06 E.2. 10.03.06 F.2.
2. The following notice procedures are required:
a. Small scale amendments:
i. A NIM, which shall be held after the first set of staff review comments have
been issued and prior to the Planning Commission hearing.
ii. Mailed Notice prior to the advertised Planning Commission hearing.
iii. Newspaper Advertisement prior to each advertised public hearing.
iv. Posting of a sign prior to the advertised Planning Commission hearing.
v. Mailed Notice shall be sent to each real property owner within the area
covered by the proposed plan amendment prior to the advertised BCC public
hearing.
b. Regular scale amendments:
i. A NIM, which shall be held after the first set of staff review comments have
been issued and prior to the Planning Commission adoption hearing for a site
specific amendment.
ii. Mailed Notice prior to the advertised Planning Commission hearing for a site
specific amendment.
iii. Newspaper Advertisement prior to each advertised public hearing.
iv. Posting of a sign prior to the advertised Planning Commission hearing for a
site specific amendment.
v. Mailed Notice shall be sent to each real property owner within the area
covered by the proposed plan amendment prior to the advertised BCC public
hearing.
F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08:
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. An Agent Letter shall be sent to property owners within 150 feet of the area covered
by the petition following the initial staff review comments and prior to the resubmittal
of the petition to the County.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to each advertised public hearing.
d. Posting of a sign prior to the first advertised public hearing.
Supp. No. 12 LDC10:115
COLLIER COUNTY LAND DEVELOPMENT CODE
10.03.06 G. 10.03.06 1.2.
•� G. Parking exemption, pursuant to LDC section 4.05.02 K.3:
1. The following advertised public hearing is required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. An Agent Letter shall be sent to property owners within 150 feet of the area covered
by the petition following the initial staff review comments and prior to resubmittal of
the petition to the County.
b. Mailed Notice prior to each advertised public hearing. .
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the first advertised public hearing.
H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat
Dock Canopy Deviation:
1. The following advertised public hearings are required:
�.. a. One Planning Commission or Hearing Examiner hearing.
2. The following notice procedures are required:
a. For a PDI,a NIM. See LDC section 10.03.05 A. However, upon written request by the
applicant,the Hearing Examiner has the discretion to waive the NIM after the first set
of staff review comments have been issued.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
d. Posting of a sign prior to the advertised public hearing.
Ordinance or resolution for the establishment,amendment to, or the abandonment of a Development
of Regional Impact (DRI):
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. In accordance with F.S. § 380.06 and the Florida Administrative Code.
Supp. No. 12 LDC10:116
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.03.06 J. 10.03.06 K.2.
J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less
than 10 contiguous acres of land. This is commonly referred to as a rezone.
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the first advertised public hearing.
b. Newspaper Advertisement prior to each advertised public hearing. The advertise-
ment for the Planning Commission hearing shall include a project location map.
c. Posting of a sign prior to the first advertised public hearing.
d. The County shall notify by mail each owner within the area covered by the proposed
ordinance or resolution of the time, place, and location of the public hearings before
the BCC.
K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of
more than 10 contiguous acres of land or more or an ordinance or resolution that will change the
actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is
commonly referred to as a rezone or LDC amendment:
1. The following advertised public hearings are required:
a. At least one Planning Commission hearing. The Planning Commission may elect by
a majority decision to hear such ordinance or resolution at two public hearings. If
there is only one Planning Commission hearing, the hearing shall be held after 5:00
p.m. on a weekday, and if there are two Planning Commission hearings, then at least
one of the hearings shall be held after 5:00 p.m. on a weekday.
b. At least two BCC hearings. At least one hearing shall be held after 5:00 p.m. on a
weekday, unless the BCC by a majority vote plus one vote elects to conduct that
hearing at another time of day.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to Planning Commission hearing including a project
location map.
The first Planning Commission hearing shall be held approximately seven
days after the day that the first advertisement is published. The second
hearing will be held approximately two weeks after the first hearing and shall
be advertised approximately five days prior to the public hearing. The day,
time, and place of a second public hearing shall be announced at the first
public hearing.
Supp. No. 14 LDC10:117
COLLIER COUNTY LAND DEVELOPMENT CODE
10.03.06 K.2. 10.03.06 M.2.
b. Newspaper Advertisement prior to the BCC hearings in accordance with F.S§ 125.66
(4) including a project location map.
i. In lieu of the newspaper advertisement,the BCC may mail a written notice to
property owners within the area covered by the proposed ordinance or
resolution. The notice shall include the time, place and location of both the
public hearings before the BCC.
ii. The first BCC hearing shall be held at least seven days after the first
advertisement is published. The second hearing shall be held at least ten
days after the first hearing and shall be advertised at least five days prior to
the public hearing.
L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments:
1. The following advertised public hearings are required:
a. One BCC hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing pursuant to LDC
section 4.08.06 E.1.
M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments.
1. The following advertised public hearings are required:
a. SRA designation or SRA substantial change:
i. One EAC hearing, if required.
ii. One Planning Commission hearing.
iii. One BCC hearing.
b. SRA insubstantial change:
i. One Planning Commission or Hearing Examiner hearing.
ii. If heard by the Planning Commission, one BCC hearing.
2. The following notice procedures are required:
a. SRA designation or SRA substantial change:
i. A NIM. See LDC section 10.03.05 A.
ii. Mailed Notice prior to the first advertised public hearing.
iii. Newspaper Advertisement prior to each advertised public hearing in accor-
dance with F.S. § 125.66.
iv. Posting of a sign prior to the first advertised public hearing.
Supp. No. 14 LDC10:118
APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES
10.04.00 10.04.01 B.1.
10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP AND FOR SCHOOL
CONCURRENCY DETERMINATIONS
The procedures generally set out in the chart below(illustration 10.04.00) are more fully described in detail
in sections 10.04.02-10.04.04.
PROCEDURES FLOW CHART
PRE-APPLICAT ON
CONFERE..NCE
10 02 01
APPLICATION
SUEMITTEo
(10.02.02,1002.03,
10-02.04,10 02 05;
Y
DETERMINATION OF
COMPLETENESS
(10 04 01)
INCOMPLETE
COMPLETE
PROCESSING
TYRE 1 TYPE !' --aim► TYPE I11
CONTINUES
r ',EL ATT,4..NED '. SFF ATTACHED SEE ATTACHED Y V
NOTICE DEFICIENCIES NOT
CORRECTED CORRECTED
MTHDRAWM
..........................................
Illustration 10.04.00
10.04.01 Determination of Completeness
A. Generally[RESERVED].
B. Approval of regulated development and certificates to operate for wellfield operations.
1. Approval of regulated development by development services of new or substantially modi-
fied regulated development.
a. Standards.
i. All new and substantially modified development requiring site plan approval
pursuant to the Collier County Land Development Code as adopted, or
pursuant to Collier County Ordinance No.82-2,and as may be superseded by
the Collier County Unified Land Development Code, requiring a certificate of
occupancy,or otherwise regulated under this section,shall be reviewed by the
Supp.No.16 LDC10:123
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.01 B.1. 10.04.01 B.1.
County Manager or his designee at the time of preliminary or other initial site
plan approval required by such ordinance, for compliance with the standards
of this section and in the same manner as a certificate to operate.
Supp.No.16 LDC10:124
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.01
ii. Approval for operation and use of development regulated pursuant to this
section, which development requires compliance with specific standards as
set forth in section 3.06.12 hereof or requires a certificate to operate (but not
a certificate to operate which is incorporated into a wellfield conditional use
permit), shall be included in and made a part of the letter of approval issued
by the County Manager or his designee.
iii. A certificate to operate which has been issued pursuant to subsection (ii)
above hereof, shall be renewed by the department not later than the
one-year anniversary of issuance of the development service's letter of
approval as provided in section 10.04.01 B.2. hereof.
2. Certificates to operate.
a. Standards.
Expiration.
(a) Each certificate to operate shall be valid for no more than one year
after the date of issuance and shall automatically expire on the first
anniversary date of issuance. The permit will remain valid and in full
force during the term of permit provided that the owner/operator
remains in compliance with the terms and conditions of the certificate
to operate. Revocation and revision of a certificate to operate is
authorized pursuant to section 10.04.08 A. of this chapter.
ii. Renewals.
(a) Applications for renewal of certificates to operate shall be filed with
the department at least 60 days prior to expiration and shall not be
automatic.
(b) The application for renewal shall be reviewed by the department for
consistency with the applicable standards of this section.
(c) Applications for renewal shall provide the following:
(i) All documents and documentation required for the regulated
development pursuant to section 3.06.12, as may have
been amended on the date of application for renewal;
(ii) Evidence of compliance with the applicable standards of
section 3.06.12 during the term of the certificate to operate;
and
(iii) The application shall include the appropriate fees as pro-
vided in section 10.01.04 hereof.
b. Prohibited approvals of regulated development and certificates to operate.
No final approval for regulated development or certificate to operate shall be
construed or otherwise interpreted to legalize a regulated development
LDC10:153
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.01 .�
existing on the effective date of this section [November 13, 1991], which is
not in compliance with other applicable local, state or federal law or
regulations. No certificate to operate or other approval under this section
shall be knowingly granted to an existing regulated development which is
not in compliance with all other applicable local, state or federal law or
regulations.
3. Inspections.
a. By accepting the certificate to operate and as a condition of the same, and by
accepting a letter of approval which approval is based upon compliance with this
section, the owner/operator grants express permission for the county, through an
authorized agent,to make inspections of the regulated development at reasonable
times to determine compliance with this section.
b. Authorized agents of the county are hereby authorized and empowered and shall be
permitted at reasonable hours and after reasonable notice to inspect the premises of
the regulated development to ensure compliance herewith.
c. Refusal to allow inspection under this section shall be sufficient grounds for
consideration of revocation of the certificate to operate or letter of approval which
approval is based upon compliance with this section.
d. In the event a person who has common authority over regulated development
impedes or otherwise refuses a lawful inspection by an authorized agent of the
county, the inspection shall be rescheduled and notice shall be mailed by United
States certified mail to the address and person shown on the certificate to operate or
the letter of approval. Failure of such person to permit the rescheduled inspection
shall be sufficient grounds and probable cause for a court of competent jurisdiction to
issue an administrative search warrant for the purpose of inspection, surveying or
examining said premises or facilities.
e. In the event the premises of the regulated development, its building or structure
appears to be vacant or abandoned and the property owner cannot be readily
contacted in order to obtain consent for inspection, an authorized agent of the
county may enter into or upon any open or unsecured portion of the premises in order
to conduct an inspection therefore [thereof].
f. Authorized agents of the county shall be provided with official identification and shall
exhibit this identification prior to any inspection.
g. It shall be the duty of all law enforcement officers to assist in making inspection once
such assistance is requested by an authorized agent of the county.
4. Transfers.
a. Within 30 days of the sale or legal transfer of a regulated development, the
owner/operator of a regulated development, for which a certificate to operate or a
wellfield conditional use permit has been granted, shall provide written notice to the
department of the sale or other legal transfer. Within the same time period, the new
LDC10:154
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.01
property owner shall apply to the department by letter for transfer of the certificate to
�-- operate or wellfield conditional use permit and agree to be bound by the terms of the
certificate to operate or wellfield conditional use permit unless same may be
modified as provided herein.
5. Administrative review. Certificates to operate shall be processed and reviewed, and shall be
administratively approved, approved with conditions, or denied by the county manager as
provided in this section.Application for certificate to operate shall be made on a form prepared
by the county manager.
a. Completeness review.
i. Within 30 days of receipt of a completed application, the county manager
shall review the application for compliance with the standards of sections
3.06.12 and 3.06.13 hereof.
ii. If the application is found not to be in compliance, the county manager shall
advise the owner/operator of the noted deficiencies or required information
by certified mail return receipt requested to the address listed in the
application.
iii. Within 30 days of the owner's/operator's receipt of the county's notice, the
owner/operator shall:
(a) Provide the requested information or provide written notice to the
county manager of its intent to either furnish the requested informa-
tion; or
(b) Provide written notice to the county manager of its intent to have the
application processed "as is" with the information it then contains.
b. Substantive review.
i. Upon a determination by the county manager that the application is com-
plete, or upon receipt of written notice from the from the [sic]owner/operator
that the application should be processed as is, the county manager shall
issue a determination of completeness and provide a copy to the owner/
operator by regular U.S. mail.
ii. Within 30 days of issuance of a determination of completeness, the county
manager shall render a written evaluation of the application in accordance
with the standards of sections 3.06.12 and 3.06.13 hereof and render a
notice of intent to issue or deny the application, a copy of which shall be sent
to the owner/operator by regular U.S. mail.
iii. The owner/operator may appeal an adverse notice of intent to the board as
provided in section 10.04.11, hereof.
iv. The certificate to operate will be issued or denied by the department within 15
days of issuance of the notice of intent, unless an appeal is taken as provided
in section (iii) above.
LDC10:155
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.01 --�
c. Extension of administrative review and withdrawal [of] application.
i. The county manager may, in his sole discretion, extend the time frame for
administrative review set forth in section 10.04.01 B.5.a. and section
10.04.01 B.5.b. hereof for the purposes of requesting and receiving addi-
tional information necessary to complete the substantive review of the
application.
ii. If the owner/operator does not provide the information requested by the
county manager or advise the county that the application is to be processed
"as is" within 45 days of such request, the application shall be considered
withdrawal [withdrawn] and fees paid shall be surrendered.
iii. The owner/operator may voluntarily withdraw the application at any time prior
to the issuance of the county manager's notice of intent by submitting a
written notice to the county manager stating its intent to withdraw.
6. Containment and cleanup, option for county to initiate containment and cleanup, reimburse-
ment by owner/operator.
a. In the event of a discharge or an accidental release of any hazardous product,
hazardous waste from a regulated development or contaminant from a sanitary
hazard regulated under this section, the owner/operator shall immediately upon
discovery of the discharge or accidental release, contain the hazardous product,
hazardous waste or contaminant, and shall initiate cleanup in accordance with —�
approved contingency plans and applicable law.
b. Failure of the owner/operator to contain the discharge or accidental release or the
failure of the owner/operator to initiate cleanup of the site within 48 hours of discovery
or within a shorter amount of time as may be necessary to protect the public health,
safety and welfare, may result in the county initiating appropriate containment of the
discharge or accidental release and/or cleanup of the site in accordance with
applicable law.
c. In the event the county elects to exercise the option to contain the discharge or
accidental release and/or clean up the site,the county shall first provide written notice
of this intent to the owner/operator stating how the owner/operator has failed to
comply with this section and providing a reasonable period of time within which the
owner/operator shall perform the necessary containment of the discharge or acci-
dental release and/or initiate cleanup in accordance with applicable law or the
approved contingency plan.
d. By accepting a certificate to operate or a wellfield conditional use permit, and as a
condition of the same, and by accepting a letter of approval, which approval is based
upon compliance with this section, the owner/operator agrees that the reasonable
costs expended by the county to contain the discharge or accidental release and/or
clean up the site shall be recoverable from the owner/operator.
7. Administrative procedures.
a. Promulgation of administrative procedures. The county manager shall promulgate
and bring for adoption by the board, administrative procedures to implement this
section within one year of the effective date of this section [November 13, 1991].
LDC10:156
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.01
8. Violations, penalties and remedies.
a. Violations. It shall be a violation of this section to fail to obtain any permit required
herein or without a permit, or other appropriate authorization as may be required
herein, to conduct, commence or maintain any use or activity prohibited or regulated
by this section. Each violation shall constitute a separate offense.
b. Penalties. Violations of this section may be referred by the county manager to the
county's code enforcement board for enforcement action in accordance with F.S. ch.
162, and Collier County Ordinance No. 88-89, and as may be amended.
c. Remedies. Nothing herein shall preclude the county from seeking all other remedies
available under general law, including without limitation: [sic]
To County: The County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 33962
To Applicant/Petitioner: Applicant/petitioner at the address listed in
the application
9. Liberal construction and severability.
a. Liberal construction. The provisions of this section shall be liberally construed to
effectively carry out its purposes in the interest of public health, safety, welfare and
convenience.
b. Conflict and severability. In the event this section conflicts with any other ordinance
of Collier County or other applicable law,the more restrictive shall apply. If any phase
or portion of this section is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
LDC10:157
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.01
APPENDIX A. WELLFIELD PROTECTION ZONE MAPS
Illustrating the Locations of Wellfield Risk Management Special Treatment Overlay Zones Established
by the "Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida"
(Voorhees and Mades, 1989)
Initial reference to "appendix A" can be found in section 3.06.03 B.
The pages that comprise appendix A, as attached, are Xerox copies of portions of United States
Geological Survey quadrangle maps on which the boundaries of the wellfield risk management zones
are plotted. The wellfields are arranged in the order of mention in section 3.06.02 F.6.j.
Explanation of maps:
1. Due to the location of some wellfields relative to map boundaries,there may be multiple plates
required to illustrate the particular wellfield.
2. Major roads are noted on the maps as initial points of reference.
3. Zone W-1 is the land area encompassed by the innermost closed line around each wellfield.
4. Zone W-2 is the land area situated between the innermost closed line around each wellfield
and the next closest closed line around the wellfield.
5. Zone W-3 is the land area situated between the closed line surrounding W-2, as defined —
above, and the third closed line from the wellfield.
6. Zone W-4 is the land area situated between the outermost, closed line surrounding the
wellfield and the next adjacent closed line that defines the outermost boundary of W-3.
LDC10:158
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.01
INDEX TO APPENDIX A
This index includes the name of the wellfield and the United States Geological Survey quadrangle
map(s) on which the wellfield is located.
EVERGLADES CITY WELLFIELD
Ochopee, Florida
FLORIDA CITIES (AVATAR) WELLFIELD
Belle Meade NW, Florida
NORTH NAPLES UTILITIES (QUAIL CREEK) WELLFIELD
Corkscrew SW, Florida
EAST GOLDEN GATE WELLFIELD
Plate 1—Corkscrew SE, Florida
Plate 2—Belle Meade NE, Florida
OASTAL RIDGE (GOODLETTE ROAD) WELLFIELD
Naples North, Florida
COLLIER COUNTY UTILITIES WELLFIELD
Plate 1—Corkscrew SW, Florida
Plate 2—Belle Meade NW, Florida
Plate 3—Corkscrew SE, Florida
Plate 4—Belle Meade NE, Florida
GLADES WELLFIELD
Plate 1—Naples North, Florida
Plate 2—Belle Meade NW, Florida
IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS
Immokalee, Florida
PELICAN BAY WELLFIELD
Plate 1—Bonita Springs, Florida
Plate 2—Corkscrew SW, Florida
PORT OF THE ISLANDS WELLFIELD
Weavers Station, Florida
LDC10:159
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.02 ~~~�
10.04.02App|imotione Subject tmType | Review
The following applications are subject to Type I review: SDP's; SIP's; and Amendments to both SDP's and
S|P'e.
For a graphic depiction of the review pnnoedune, please see Illustration 10.04.02 A. below.
TYPE I
SDP's/S|P's;
AMENDIVIENTSTo
SDP's and S|p's
y
DISTRIBUTION OF
COMPLETE APPLICATION '*m
7O ALL STAFF REVIEWERS
�
RECEIPT&COMPILATION
OF COMMENTS&
RECOMMENDATIONS
y
PREPARATION OF WRITTEN STAFF
REPORT REGARDING COMPLIANCE
OFKPPL|CAT|ON WITH UDC
(Revised Report for Resubmitted Applications)
y �� V
'APPROVAL APPROVAL NOTICE OFDEFICIENCY
� WITH CONDITIONS TOAPPL�ANT
(Written Order)
� (Vw|ttenOder) (WriftenReport)
CORRECTIVE ACTION AND
RESVBM|TTxLBY
APPLICANT
(Limited to XX Resubmittals) ~
(if No Corrective Action Within
KX Days,Applicant Denied)
mors. vvnnTsm ORDERS SHOULD INCLUDE NOTICE To APPLICANTS THAT THEY PROCEED xT
THEIR OWN RISK uwT|LTHs APPEALS psnoosw��/
Illustration 10.04.02A.
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.03 10.04.03
-. 10.04.03 Applications Subject to Type II Review
The following applications are subject to Type II review: Conditional use Permits; Rezoning; LDC Text
Amendments; GMP Amendments; and small-scale development Amendments.
For a graphic depiction of the review procedure, please see Illustration 10.04.03 A.
TYPE II
(FINAL PLATS;CONDITIONAL USE
PERMITS; REZONING;UDC TEXT
AMENDMENTS;GMP AMENDMENTS;
SMALL SCALE DEVELOPMENT AMENDMENTS)
r
DISTRIBUTION OF
COMPLETE APPLICATION t
TO ALL STAFF REVIEWERS
r
RECEIPT&COMPILATION
OF COMMENTS&
RECOMMENDATIONS
APPLICANT MAY
SUBMIT REVISED
APPLICATION
(Limited to X Resubmittals)
PREPARATION OF WRITTEN STAFF 4
REPORT AND RECOMMENDATIONS
WORKSHOP
ON APPLICATION
(As Needed)
r
HEARINGS BY
PLANNING COMMISSION AND,
AS NEEDED, ENVIRONMENTAL
ADVISORY COUNCIL
I,
HEARINGS BY BCC
V 1
APPROVAL APPROVAL DENIAL
(Written Findings and WITH CONDITIONS (Written Findings)
Written Order) (Written Findings and
Written Orders)
(Ord. No. 07-67, § 3.X) Illustration 10.04.03.A
Supp. No.6 LDC10:161
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.04 10.04.06
10.04.04 Applications Subject to Type Ill Review
The following applications are subject to Type III review: Variances;Administrative Appeals; Certificates of
Appropriateness; conditional uses; nonconforming Use Amendments; Vested Rights; flood Variances;
Parking Agreements.
For a graphic depiction of the review procedure, please see Illustration 10.04.04 A.
TYPE III
(VARIANCES,ADMINISTRATIVE APPEALS,
CERTIFICATE OF APPROPRIATENESS,CONDITIONAL USES,
NONCONFORMING USE AMENDMENTS,VESTED RIGHTS,
FLOOD VARIANCES,PARKING AGREEMENTS
1
DISTRIBUTION OF
COMPLETE APPLICATION
TO ALL STAFF REVIEWERS
RECEIPT&COMPILATION
OF COMMENTS&
RECOMMENDATIONS
PREPARATION OF WRITTEN STAFF
REPORT AND RECOMMENDATIONS
Ir 1
VARIANCES,CONDITIONAL APPEALS VESTED RIGHTS CERTIFICATE OF
USES,NONCONFORMING OF ADMINISTRATIVE DETERMINATION APPORPRIATENESS
USE AMENDMENTS, DECISION OR
FLOOD VARIANCES, INTERPRETATION
PARKING AGREEMENTS W
HEARING BY HEARING BY HISTORIC/
HEARING OFFICER ARCHAEOLOGIC
HEARINGS BY BZA PRESERVATION BOARD
APPROVE OR DENY
APPROVE (Written
WITH Findings) APPROVE DENY
CONDITIONS AFFIRM I DENY
(Written Order) DECISION
APPROVE DENY
V
TO SDP,PLAT CONTINUE
OR OTHER PROCESSING
PROCESS ORIGINAL
APPLICATION
Illustration 10.04.04 A.
(Ord. No. 07-67, § 3.Y)
10.04.05 Procedures for Review and Approval of Type I Applications
For specific procedures pertaining to each application, please see Illustration 10.04.02 A. and the various
sections in this chapter pertaining to that application.
10.04.06 Procedures for Review and Approval of Type II Applications
For specific procedures pertaining to each application, please see Illustration 10.04.03 A. and the various
sections in this chapter pertaining to that application.
Supp. No. 6 LDC10:162
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.07 10.04.08 Al..
10.04.07 Procedures for Review and Approval of Type Ill Applications
For specific procedures pertaining to each application, please see Illustration 10.04.04 A. and the various
sections in this chapter pertaining to that application.
10.04.08 Modifications to Pending Applications
A. Modification of regulated development, revision or revocation of a certificate to operate, or a wellfield
conditional use permit.
1. Modification of regulated development and Notification.
a. The owner/operator shall notify the County Manager in writing prior to any expansion,
alteration or modification of a regulated development for which:
A certificate to operate or a wellfield conditional use permit has been
issued; or
ii. A wellfield exemption has been legislatively provided.
b. Expansion, alteration or modification shall include, without limitation:
i. An increase in square footage, production or storage capacity;
ii. Increased quantities of a hazardous product or hazardous waste or
changes in the type or nature of a regulated development; and
iii. Any other proposed change to the regulated development which may
require a change, modification or alteration of the approved containment
system, the maintenance procedures for the system, or in the approved
contingency plan.
c. County approval of modification.
i. The expansion, modification or alteration of a regulated development shall
require prior county approval. Failure to obtain such approval as provided
herein shall result in the county commencing revocation or revision proceed-
ings of the certificate to operate, the wellfield conditional use permit or the
wellfield exemption for a regulated development, if in the opinion of the
county, such change substantially or materially modifies, alters or affects:
(a) The conditions under which the certificate to operate, or the wellfield
conditional use permit was granted; or
(b) The conditions under which the development qualifies for a wellfield
exemption.
ii. The county shall notify the owner/operator in writing,within 60 days of receipt
of the notice of change, of the county's intent to revoke or revise the
authorization and the grounds therefore as provided in section 10.04.08
A.2.c. hereof.
Supp. No. 6 LDC10:163
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.08 A.2. 10.04.08 A.2.
2. Revocation or revision of certificate to operate, wellfield conditional use permit or wellfield
exemption.
a. Notice of intent to revoke.
i. No wellfield exemption, wellfield conditional use permit, or certificate to
operate for a regulated development shall become vested.
ii. The county may revoke any wellfield exemption, wellfield conditional use
permit, [or]certificate to operate after first issuing a written notice of intent to
revoke to the owner/operator which states that the owner/operator:
(a) Has failed or refused to comply with any of the provisions of this
section;
(b) Has submitted false or inaccurate information in the application or
petition which information reasonably induced the county to issue
the certificate to operate, or approve the wellfield conditional use
permit;
(c) Has failed to submit reports or other information required under
section 3.06.12 as a condition of a certificate to operate, or wellfield
conditional use permit;
(d) Has refused lawful inspection as required by this section as a
condition of a certificate to operate or wellfield conditional use
permit; or
(e) Has altered, modified or expanded a regulated development as
provided in this section.
b. Notice of intent to revise.
No wellfield exemption, wellfield conditional use permit, or certificate to
operate for a regulated development shall be vested.
ii. The county may revise any wellfield exemption, wellfield conditional use
permit or certificate to operate granted or issued after first issuing written
notice of intent to revise which complies with section 10.04.08 A.2.a.ii. and
further states that the owner/operator:
(a) Has been [sic] unlawfully modified, altered or expanded a regulated
development as provided in this section;
(b) Has been identified by the county as responsible for, in whole or in
part,for a discharge or accidental release of hazardous products or
hazardous wastes or other contaminant associated with the regu-
lated development; or
(c) The contingency plans and/or remedial action initiated and per-
formed by or on behalf of the owner/operator were not approved by
... the county or applicable state or federal agencies and are deemed
by the same to be inadequate for the regulated development.
Supp. No. 6 LDC10:164
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.08 A.2. 10.04.08 A.2.
c. Factual basis for revocation or revision.
Initiation of review. After being informed of or discovery of an unauthorized
discharge or accidental release of a hazardous product, hazardous waste
or contaminant,the county shall review the certificate to operate,the wellfield
conditional use permit, or wellfield exemption for the regulated develop-
ment(s) associated with the discharge or accidental release.
ii. Action by county. In the event the county determines that the owner/operator
has failed to comply with the terms of the certificate to operate, the wellfield
conditional use permit or the wellfield exemption, the county may elect to
issue a notice of intent to revoke or revise such authorization to operate
subject to the provisions of this section.
iii. Criteria.
In consideration of whether to revoke or revise a certificate to operate or a
wellfield conditional use permit, the board shall consider:;
A. The intentional nature or degree of negligence, if any, associated
with the discharge or accidental release;
B. The extent to which containment or cleanup of the contaminant or
hazardous product or hazardous waste or its components is
possible;
C. The nature, number and frequency of previous discharges or acci-
dental releases attributable to the regulated development;
D. The potential degree of harm to the groundwater and surrounding
public potable water supply wells as a result of the discharge or
accidental release; and
E. The owner/operator's actions in responding to this and previous
discharges or accidental releases.
iv. Contents of notice of intent.
(a) To initiate revocation or revision under this section, the county shall
first issue a notice of intent to revoke or revise which shall,in addition
to the applicable standards of sections 10.04.08 A.2.c. and 10.04.08
A.2.b. hereof contain the following information:
A. The name and address of the owner/operator; and
B. A description of the regulated development which is the subject of
the proposed revocation or revision; and
C. The approximate or, if available, actual location of the
discharge or accidental release, if any; and
Supp. No. 6 LDC10:165
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.08 A.2. 10.04.09 A.
D. A concise explanation and specific reasons for the proposed
revocation or revision; and
E. The statements that:
"Failure to file a petition with the County Manager within 20
days after the date upon which the Permittee receives
written Notice of the Intent to Revoke or Revise shall render
the proposed revocation or revision final and in full force and
effect."
"Failure of the Owner/Operator to file a petition in opposition
to the Notice of Intent to Revise or the Notice of Intent to
Revoke as provided in Article 10[section 10.04.11 A.]of this
Ordinance, shall render the proposed revocation or revision
final and in full force and effect."
(b) Failure of the owner/operator to file a petition in opposition to the
notice of intent to revise or the notice of intent to revoke as provided
in section 10.04.11 A. of this section shall render the proposed
revocation or revision final and in full force and effect.
(c) Nothing in this section shall preclude or be deemed a condition
precedent to the county seeking a temporary or permanent injunc-
tion.
10.04.09 School Concurrency Procedures for the Review and Approval of Residential Subdivision
Plats and Residential Subdivision Plat amendments; Residential Site Development Plans and
Residential Site Development Plan amendments
A. Definitions Applicable to School Concurrency Reviews.
Adjacent Concurrency Service Areas:Concurrency Service Areas which are contiguous and touch
along one side of their outside geographic boundary.
Available Capacity: Existing school capacity which is available within a Concurrency Service Area
including any new school capacity that will be in place or under actual construction, as identified in the
first three years of the School District's Five Year Capital Improvement Plan.
Proportionate Share Mitigation (Schools):An Applicant improvement or contribution identified in a
binding and enforceable agreement between the Applicant, the School District and the Local
Government with jurisdiction over the approval of the plat, site plan or functional equivalent to provide
compensation for the additional demand on public school facilities caused by the residential
development of the property, as set forth in Section 163.3180(13)(e), F.S.
School Board:The governing body of the School District, a political subdivision of the State of Florida
and a corporate body pursuant to Section 1001.40, F.S.
School District of Collier County.The School District created and existing pursuant to Section 4,Article
IX of the State of Florida Constitution.
Supp. No. 6 LDC10:166
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.09 A. 10.04.09 C.1.
Type of School:Schools providing the same level of education, i.e. elementary, middle, high school,
or other combination of grade levels.
B. School Concurrency Established
1. Purpose. The County and the School District shall ensure that the LOS standard established
for each Type of School is achieved and maintained.
2. Applicability. No residential subdivision plat or residential site development plan for new
residential development may be approved by the County, unless the application is exempt
from these requirements as provided for in this Section, or until a School Capacity
Availability Determination Letter (SCADL) has been issued by the School District to the
County indicating that adequate school capacity exists within a Concurrency Service Area
(CSA) for each Type of School.
a. The County may condition the approval of the application to ensure that necessary
schools are in place, in order to validate or render effective the approval. This shall
not limit the authority of the County to deny a residential plat, residential site plan or
its functional equivalent, pursuant to its home rule regulatory powers.
3. Exemptions. The following shall be exempt from the terms of this subsection:
a. Single family and mobile home lots of record, existing as of the effective date of
school concurrency, October 14, 2008.
b. Any new residential development that had a final subdivision plat or site develop-
ment plan approval as of the effective date of school concurrency, October 14,
2008.
c. Any amendment to any previously approved residential development order that
does not increase the number of dwelling units or change the dwelling unit type
(e.g., single-family to multi-family).
d. Age-restricted communities with no permanent residents under the age of 18.
Exemption of an age-restricted community will be subject to a restrictive covenant
limiting the age of permanent residents to 18 years and older.
e. All new residential subdivision plats and site development plans, or amendments
to previously approved residential development orders, which are calculated to
generate less than one student.
f. Development that has been authorized as a Development of Regional Impact
pursuant to Chapter 380, F.S., as of July 1, 2005.
C. School Concurrency Application Review. Any Applicant submitting an application for a residential
subdivision plat or residential site development plan must prepare and submit a School Impact
Analysis(SIA)to the County for review by the School District.An application that is determined to be
exempt under Section 10.02.07 is not subject to school concurrency. Refer to Section 10.04.09 for
SIA requirements.
1. The SIA must indicate the location of the development, number of dwelling units and unit
types (single-family, multi-family, etc.), a phasing schedule (if applicable), and age-
Supp. No. 6 LDC10:167
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.09 C.1. 10.04.09 D.2.
restrictions for occupancy(if any).The County shall initiate the review by determining that the
application is sufficient for processing. Once deemed sufficient, the County shall transmit the
SIA to the School District representative for review. The process is as follows:
a. An application for residential development is submitted to the County for a
sufficiency review. Once deemed sufficient, the County transmits the SIA to the
School District for review. The School District may charge the applicant a non-
refundable application fee payable to the School District to meet the cost of review.
b. Within 20 working days of receipt of a sufficient SIA application, the School District
representative shall review the application and provide written comments to the
County. Each SIA shall be reviewed in the order in which it is received.
c. In the event that there is not adequate capacity available within the adopted LOS
standard in the Concurrency Service Area (CSA) in which the proposed develop-
ment is located or in an adjacent CSA to support the development impacts, the
School District representative will issue a School Capacity Availability Determina-
tion Letter (SCADL) within 20 working days of receipt of the SIA detailing how the
development is inconsistent with the adopted LOS standard,and offer the applicant
the opportunity to enter into a negotiation period to allow time for the mitigation
process. If the proposed mitigation is accepted by the School District,County and the
applicant, then those parties shall enter into an enforceable and binding agreement
with the County and the applicant.
d. When capacity has been determined to be available, the School District representa-
tive shall issue a SCADL verifying available capacity to the applicant and the County
within 20 working days of receipt of the SIA application.
e. The County shall be responsible for notifying the School District representative when
a residential development has received a Certificate of Public Facility Adequacy
(COA), when the development order for the residential development expires or is
revoked, and when its school impact fees have been paid.
D. School Concurrency Approval. Issuance of a SCADL by the School District identifying that capacity
exists within the adopted LOS standard indicates only that school facilities are currently available,and
capacity will not be reserved for the applicant's proposed residential development until the County
issues a Certificate of Public Facility Adequacy (COA).
1. The County shall not issue a COA for a residential development until receiving confirmation
of available school capacity within the adopted LOS standard for each Type of School, in the
form of a SCADL from the School District. Once the County has issued a COA, school
concurrency for the residential development shall be valid for the life of the COA.
Expiration, extension or modification of a COA for a residential development shall require a
new review for adequate school capacity to be performed by the School District.
2. The County shall notify the School District within 10 working days of any official change in the
status of a COA for a residential development.
Supp. No.6 LDC10:168
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.09 D.3. 10.04.11 A.1.
3. The County shall not issue a building permit for a non-exempt residential development
without confirming that the development received a COA at plat or site plan approval, and
that the COA is still valid. Once the County has issued a COA, school concurrency for the
residential development shall be valid for the life of the COA.
E. Proportionate Share Mitigation. In the event there is not sufficient school capacity available within the
adopted LOS standard to support an applicant's development, the School District in coordination
with the County may consider proportionate share mitigation options and, if accepted, shall enter into
an enforceable and binding agreement with the Applicant and the County to mitigate the impact from
the development through the creation of additional school capacity.
F. Mitigation. If mitigation is agreed to, the School District shall issue a new SCADL approving the
applicant's development subject to those mitigation measures agreed to by the County, applicant
and the School District. Prior to residential subdivision plat or site plan approval, the mitigation
measures shall be memorialized in an enforceable and binding agreement with the County,the School
District and the applicant that specifically details mitigation provisions to be paid for by the applicant
and the relevant terms and conditions. If mitigation is not agreed to, the SCADL shall detail why any
mitigation proposals were rejected and why the development is not in compliance with school
concurrency requirements. A SCADL indicating that either adequate capacity is available or that
there is no available capacity following a 90 day negotiation period constitutes final agency action by
the School District.
(Ord. No. 10-23, § 3.XX)
10.04.10 Withdrawal of Pending Applications [Reserved]
10.04.11 Public Hearings
A. Appeals and public hearings for wellfields.
1. Public hearings.
a. Public hearings shall be required for:
The issuance of a wellfield conditional use permit;
ii. An appeal from an adverse administrative determination on issuance of a
certificate to operate filed with the County Manager within 30 days of
issuance of the administrative determination; and
iii. County-initiated revocation or revision of a certificate to operate, a wellfield
conditional use permit or wellfield exemption.
b. Standards for Public hearings:
i. Appeals from adverse administrative determinations,applications for wellfield
conditional use permits and county-initiated revocation or revision proceed-
ings shall be considered for approval, approval with conditions or denial by
the board as a public hearing matter and shall be scheduled for public
hearing in the same manner as an application for zoning atlas amendment
Supp. No. 6 LDC10:169
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.11 A.1. 10.04.11 A.2.
�-- and in accordance with Collier County Ordinance No. 82-2, and as may be
amended or superseded,and when effective,the Collier County Unified Land
development Code.
2. Notice of public hearing.
a. Notice to the public.
Public notice shall be given in the same manner as for any ordinance
affecting the use of land as set forth in F.S. § 125.01, and as required for an
application for zoning atlas amendment as required in section 3.06.05 hereof
and in accordance with Collier County Ordinance No. 82-2, and as may be
amended or superseded,and when effective,the Collier County Unified Land
development Code.
ii. The unintentional failure of the owner/operator seeking approval of a wellfield
conditional use permit or appealing an adverse administrative determina-
tion,to notify the contiguous property owner(s) or other persons shall not be
grounds for a continuance of the hearing, nor in any way affect any action
taken at such hearing.
b. Notice to owner/operator.
Notice of public hearing arising from county-initiated revocation or revision
proceedings shall be served upon the owner/operator by certified return
receipt mail no less than 15 days prior to the hearing.
ii. The notice shall contain the following information:
(a) Name and address of the owner/operator; and
(b) A description of the regulated development; and
(c) Specific citations to the section(s) applicable of the LDC alleged to
be the basis of the proposed revocation or revision; and
(d) The time, place and date of hearing; and
(e) The following statements:
(i) "Failure to attend may result in an Order being issued which
may be adverse to your interest."
(ii) "All parties shall be given the opportunity to present wit-
nesses and evidence in support of their position and to cross
examine witnesses."
(iii) "Pursuant to Section 286.0105, Florida Statutes, notice is
hereby given that appeals from any decision of the County
Commission with respect to any matter considered at the
Supp. No.6 LDC10:170
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.04.11 A.2. 10.04.11 A.3.
public hearing, will require a record of the proceedings and
may require that a verbatim record of the proceedings be
made."
(f) The name and signature of the County Manager.
3. Decisions by the Board.
a. At all public hearings, the Board shall hear and consider all facts material to the
application, petition or appeal and shall thereafter issue a decision based upon the
greater weight of substantial competent evidence.
b. The board may affirm, reverse or modify the action or proposed action of the County
Manager.
c. In all cases the board shall render a decision within 14 working days from the date on
which the hearing is concluded which shall be the final administrative action on behalf
of the County.
d. Any person who is a party to the proceeding before the board may apply to a court
of competent jurisdiction for review in accordance with applicable Florida Rules of
Civil Procedure and Florida law.
e. There shall be no administrative review on behalf of the County other than that review
specifically provided in this section.
Supp. No. 6 LDC10:171
COLLIER COUNTY LAND DEVELOPMENT CODE
10.04.12 10.07.00 A.2.
10.04.12 Denial of Application [Reserved]
10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS [Reserved]
10.05.01 Generally [Reserved]
10.05.02 Major Amendment [Reserved]
10.05.03 Minor Amendment [Reserved]
10.06.00 APPEALS [Reserved]
10.06.01 Applicability
10.06.02 Stay of Proceedings
10.06.03 Time for Applications
10.06.04 Final Action on Appeals
10.06.05 Judicial Review
10.07.00 ENFORCEMENT
A. Sign violations.
1. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity
with this Code. All signs located within Collier County shall comply with the following
requirements:
a. The issuance of a sign permit pursuant to the requirements of this Code shall not
permit the construction or maintenance of a sign or structure in violation of an
existing county, state or federal law or regulation.
b. All signs for which a permit is required shall be subject to inspections by the County
Administrator or his designee. The County Administrator, or his designee, is hereby
authorized to enter upon any property or premises to ascertain whether the
provisions of this Code are being adhered to. Such entrance shall be made during
business hours, unless an emergency exists. The County Administrator, or his
designee, may order the removal of any sign that is not in compliance with the
provisions of this Code, is improperly maintained, or which would constitute a hazard
to the public health, safety, and welfare.
c. The County Manager or his designee, or his designee shall be charged with
interpretation and enforcement of this Code.
2. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an
act is required or the performance of an act is prohibited, a failure to comply with such
provisions shall constitute a violation of this Code.
a. The owner,tenant, and/or occupant of any land or structure, or part thereof, and an
architect, builder, contractor agent, or other person who knowingly participates in,
Supp. No. 6 LDC10:172
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.07.00 A.2. 10.08.00 A.
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.
b. Where any sign or part thereof violates this Code, the compliance service manager
or his designee, may institute any appropriate action or proceedings to prevent,
restrain, correct, or abate a violation of this Code, as provided by law, including
prosecution before the Collier County Code Enforcement Board against the owner,
agent, lessee, or other persons maintaining the sign, or owner, or lessee of the land
where the sign is located.
c. If a sign is in such condition as to be in danger of falling, or is a menace to the safety
of persons or property, or found to be an immediate and serious danger to the public
because of its unsafe condition, the provisions of section 2301.6 of the Standard
Building Code, as adopted by Collier County shall govern.
d. Code enforcement shall immediately remove all violative signs located in or upon
public rights-of-way or public property.
e. 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 guilty 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.
Nothing herein contained shall prevent or restrict the county from taking 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
damages.
Further, nothing in this section shall be construed to prohibit the county from
prosecuting any violation of this Code by means of a code enforcement board
established pursuant to the subsidiary of F.S. ch. 162.
10.07.01 Responsibility for Enforcement [Reserved]
10.07.02 Complaints and Investigations [Reserved]
10.01.01 [10.07.03] Notification of Violation [Reserved]
10.08.00 CONDITIONAL USE PROCEDURES
A. General. A conditional use is a use that would not be appropriate generally or without restriction
throughout a particular zoning district or classification, but which, if controlled as to number, area,
location, or relation to the neighborhood, would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a
Supp. No. 11 LDC10:173
COLLIER COUNTY LAND DEVELOPMENT CODE
10.08.00 A. 10.08.00 E.2.
zoning district as a conditional use if specific provision for such conditional use is made in the LDC.
All petitions for conditional uses shall be considered first by the Planning Commission in the manner
herein set out. Decisions regarding conditional uses shall be quasijudicial in nature.
B. Applicability. Conditional use approval is required before the construction or establishment of a
conditional use.
C. Application.The Administrative Code shall establish the submittal requirements for a conditional use
application.
1. Conditional use application processing time. An application for a conditional use will be
considered "open," when the determination of "sufficiency" has been made and the
application is assigned a petition processing number.An application for a conditional use will
be considered "closed"when the applicant withdraws the subject application through written
notice or ceases to supply necessary information to continue processing or otherwise actively
pursue the conditional use,for a period of 6 months.An application deemed"closed"will not
receive further processing and shall be withdrawn and an application "closed" through
inactivity shall be deemed withdrawn. The Planning and Zoning Department will notify the
applicant of closure by certified mail, return receipt requested; however, failure to notify by
the County shall not eliminate the"closed"status of a petition.An application deemed"closed"
may be re-opened by submitting a new application, repayment of all application fees and
granting of a determination of"sufficiency." Further review of the request will be subject to the
then current LDC.
D. Findings. The Planning Commission shall make a recommendation of approval, approval with
conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning
Commission's recommendation of approval or approval with conditions shall find that the granting of
the conditional use will not adversely affect the public and any specific requirements pertaining to the
conditional use have been met by the petitioner. Further,that satisfactory provision and arrangement
has been made for the following matters, where applicable:
1. Consistency with the LDC and Growth Management Plan.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
E. Planning Commission actions.
1. Conditions and safeguards. In recommending approval of a conditional use, the Planning
Commission may also recommend appropriate conditions and safeguards in conformity with
the LDC. Violation of such conditions and safeguards, which are made a part of the terms
under which the conditional use is granted, shall be deemed a violation of the LDC.
2. Denial by the Planning Commission. If the Planning Commission shall recommend denial of
a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall
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take into account the factors stated in section 10.08.00 D. above or those factors that may be
applicable to the action of denial and the particular regulations relating to the specific
conditional use requested, if any.
3. Status of Planning Commission report and recommendations.The report and recommenda-
tions of the Planning Commission required above shall be advisory only and shall not be
binding upon the Board of Zoning Appeals.
F. Consideration by the Board of Zoning Appeals. Upon receipt of the Planning Commission's report and
recommendations, the Board of Zoning Appeals shall make a finding that the granting of the
conditional use will not adversely affect the public and any specific requirements pertaining to the
conditional use have been met by the petitioner. Further,that satisfactory provision and arrangement
has been made for the matters identified in LDC section 10.08.00 D were applicable.
1. The Board of Zoning Appeals shall approve, by resolution,or deny a petition for a conditional
use.The approval of a conditional use petition shall require 4 affirmative votes of the Board
of Zoning Appeals.
2. If the Board of Zoning Appeals denies the conditional use, it shall state fully in its record its
reason for doing so. Such reasons shall take into account the factors stated in section
10.08.00 D. above or those factors that may be applicable to the action of denial and the
particular regulations relating to the specific conditional use requested, if any.
G. Expiration and re-review.
1. A conditional use shall expire 5 years from the date of approval, if by that date the use for
which the conditional use was granted has not commenced.
2. A conditional use shall expire 1 year following the discontinuance of the use for which the
conditional use was granted unless the site was improved and/or structures built for the
specific uses approved by a conditional use and which cannot be converted to a use
permitted by the underlying zoning designation of the site.
3. The Board of Zoning Appeals may grant one 2-year extension of an approved conditional
use upon written request of the petitioner.
4. If a conditional use permit is approved with stipulations or conditions, a re-review of the
permit,stipulations,or conditions shall take place in accordance with the resolution approving
the conditional use permit or by request of the applicant.
H. Public facility dedication.
1. The Board of County Commissioners may,as a condition of approval of the conditional use,
require that suitable areas for streets, public rights-of-way, schools, parks, and other public
facilities be set aside, improved, and/or dedicated for public use. Where impact fees are
levied for certain public facilities,the market value of the land set aside for the public purpose
shall be credited towards impact fees. Said credit shall be based on a negotiated amount no
greater than the market value of the set aside land prior to the approval of the conditional
use, as determined by an accredited appraiser from a list approved by Collier County. Said
appraisal shall be submitted to the County Attorney's Office and the real property office within
90 days of the date of approval of the conditional use, or as otherwise extended in writing
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by Collier County, so as to establish the amount of any impact fee credits resulting from said
dedication. Failure to provide said appraisal within this time frame shall authorize the County
to determine the market value of the property. Impact fee credits shall only be effective after
recordation of the document conveying the dedicated property to Collier County. Where the
term Collier County is used in this section, it shall be construed to include the Collier County
Water and Sewer District or other agency or dependent district of Collier County Government.
2. Land set aside and/or to be improved as committed as part of the conditional use approval
shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the
county that the property is needed for certain pending public improvements or as otherwise
approved by the Board of County Commissioners during the conditional use process. In any
case, however, the County shall take title to set aside property, at the latest, by a date certain
established during, and conditioned on, the approval of the conditional use.
3. The land set aside and/or to be improved shall be made free and clear of all liens,
encumbrances and improvements, at the developer's sole expense, except as otherwise
approved by the Board. Failure to complete the dedication within the appropriate time frame
noted above may result in a recommendation to the Board of reconsideration of approved
conditional use and may result in a violation of the LDC pursuant to section 8.08.00.
4. Should said dedication of land also include agreed upon improvements, said improvements
shall be completed and accepted by the Collier County Board of Commissioners at the
development phase which has infrastructure improvements available to the parcel of land
upon which said improvements are to be made, or at a specified time provided for within the
resolution approving the conditional use.
Conditional uses for school or religious purposes. A use which has been approved as part of a
preliminary subdivision plat 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 section 10.02.03, site development plan approval, as applicable, and all other zoning require-
ments.
J. Changes and amendments. The County Manager or designee may approve minor changes in the
location, siting, or height of buildings, structures, and improvements authorized by the conditional
use.Additional uses or expansion of permitted uses not shown on the conceptual site development
plan or otherwise specifically provided for in the conditional use application shall require the
submission, review, and approval of a new conditional use application.
(Ord. No. 05-27, § 3.CCC; Ord. No. 06-07, § 3.Y; Ord. No. 12-38, § 3.LL; Ord. No. 13-56, § 3.VV)
10.09.00 VARIANCE PROCEDURES
A. Conditions and safeguards. In recommending approval of any variance, the Planning Commission
may recommend appropriate conditions and safeguards in conformity with this Zoning Code including,
but not limited to, reasonable time limits within which the action for which the variance is required shall
be begun or completed,or both. In the case of after-the-fact variances,the Planning 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 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
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of this Code in effect at the time of reconstruction. 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
Zoning Code.
B. Recommendation of denial. If the Planning Commission recommends denial of a variance, it shall
state fully in its record its reason for doing 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 regulations relating to the specific variance requested if any.
C. Status of Planning Commission report and recommendations.The report and recommendation of the
Planning Commission required above shall be advisory only and shall not be binding upon the Board
of Zoning Appeals.
D. Notice of Board of Zoning Appeals public hearing. Upon completion of the public hearing before the
Planning Commission, the petition shall be heard by the Board of Zoning Appeals. Notice of public
hearing shall be given at least 15 days in advance of the public hearing before the Board of Zoning
Appeals. The owner of the property for which the variance is sought, or his agent or attorney
designated by him on his petition,shall be notified by mail. Notice of public hearing shall be advertised
in a newspaper of general circulation in the county at least 1 time 15 days prior to the hearing.
E. Board of zoning appeals public hearings. The public hearing shall be held by the Board of Zoning
Appeals.Any party may appear in person by agent or attorney,or may submit written comments to the
Board of Zoning Appeals.
F. Board of zoning appeals action.Upon consideration of the Planning Commission's report,findings and
recommendations,and upon consideration of the standards and guidelines set forth in section 9.04.03
of this code, the Board of Zoning Appeals shall approve, by resolution, or deny a petition for a
variance.
G. Conditions and safeguards. In granting any variance, the Board of Zoning Appeals may prescribe
appropriate conditions and safeguards in conformity with this Zoning Code, including, but not limited
to, reasonable time limits within which action for which the variance is required shall be begun or
completed, or both. In the case of after-the-fact variances, the board may stipulate that in the case of
destruction of the encroaching 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 safeguards, when made a part of the terms under which the variance is granted, shall
be deemed a violation of this Zoning Code.
H. Limitations on power to grant variances. Under no circumstances shall the Board of Zoning Appeals
grant a variance to permit a use not permitted under the terms of this Zoning Code in the zoning
district involved, or any use expressly or by implication prohibited, by the terms of these regulations
in the said zoning district.
Variance application processing time.An application for a variance will be considered"open"when the
determination of "sufficiency" has been made and the application is assigned a petition processing
number. An application for a variance will be considered "closed" when the petitioner withdraws the
subject application through written notice or ceases to supply necessary information to continue
processing or otherwise actively pursue the variance,for a period of 6 months.An application deemed
"closed"will not receive further processing and shall be withdrawn and an application"closed"through
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inactivity shall be deemed withdrawn. The planning services department will notify the applicant of
�- closure, however,failure to notify by the county shall not eliminate the"closed"status of a petition.An
application deemed "closed" may be re-opened by submitting a new application, repayment of all
application fees and granting of a determination of "sufficiency". Further review of the request will be
subject to the then current code.
1. Applicability.All applications for a variance whether submitted before or after June 26, 2003,
shall comply with the processing time procedures set forth in section 1. above.
(Ord. No. 05-27, § 3.DDD)
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