Agenda 08/27/2024 Item #16A12 (Proposed Ordinance amending the Land Development Code to update the approval of residential building permits and to comply with 2024 F.S. 177.073.)08/27/2024
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise and bring back for a public hearing an Ordinance amending the
Land Development Code to update the approval of residential building permits and to comply with 2024 F.S.
177.073.
_____________________________________________________________________________
OBJECTIVE: To obtain the Board of County Commissioners (Board) direction to advertise and hold a public
hearing for a proposed Land Development Code (LDC) amendment to update the approval of residential building
permits relating to 2024 F.S. 177.073, “Expedited approval of residential building permits before a final plat is
recorded.”
CONSIDERATIONS: The 2024 Florida legislature adopted Senate Bill 812, creating F.S. 177.073: “Expedited
approval of residential building permits before plats,” which was signed by the Governor on May 29, 2024. The
new law, which becomes effective on October, 1, 2024, requires the County to update the building permit process
so that an applicant may request up to 50 percent of the planned homes or the number of building permits that will
be issued for a residential subdivision or planned community before a final plat is recorded. It allows for an
applicant to contract to sell, but not transfer ownership of, a residential structure or building located in a
subdivision plat after the plat is approved by local government but before it is recorded with the Clerk of Circuit
Court. The certificate of occupancy will be issued after the plat is recorded with the Clerk of Court.
To meet the October 1, 2024, statutory deadline, staff has commenced the following public review schedule:
• July 29, 2024 - The Development Services Advisory Committee-Land Development
Review Subcommittee (DSAC-LDR) recommended approval without any change.
• August 7, 2024 - The Development Services Advisory Committee recommended
approval.
• August 15, 2024 - The Collier County Planning Commission recommended approval.
FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an
ordinance amending the LDC. The cost associated with advertising the Ordinance is estimated at $1,008. Funds are
available within the Unincorporated Area General Fund (1011) and Zoning and Land Development Cost Center
(138319).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board direction. (HFAC)
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To direct staff to advertise and bring back for a public hearing an ordinance amending
the Land Development Code updating the approval of residential building permits relating to 2024 F.S. 177.073,
“Expedited approval of residential building permits before a final plat is recorded.”
Prepared by: Eric Johnson, Zoning Planning Manager
ATTACHMENT(S)
1. Proposed Ordinance - 080724 LDC (PDF)
2. LDCA (07-30-2024) PL20240008157 DSAC-LDR (PDF)
16.A.12
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08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 29540
Item Summary: Recommendation to direct staff to advertise and bring back for a public hearing an Ordinance
amending the Land Development Code to update the approval of residential building permits and to comply with
2024 F.S. 177.073.
Meeting Date: 08/27/2024
Prepared by:
Title: Planner, Principal – Development Review
Name: Richard Henderlong
07/31/2024 12:55 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
07/31/2024 12:55 PM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 08/01/2024 4:29 PM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
08/05/2024 12:12 PM
Unknown Jaime Cook GMCDD Reviewer Completed 08/08/2024 11:45 AM
Growth Management Community Development Department Diane Lynch GMCDD Reviewer Completed
08/08/2024 12:11 PM
Growth Management Community Development Department James C French Growth Management Completed
08/13/2024 10:37 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/21/2024 2:29 PM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 08/21/2024 2:31 PM
Office of Management and Budget Laura Zautcke Other Reviewer Completed 08/21/2024 2:33 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/21/2024 2:59 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/21/2024 3:09 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
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ORDINANCE NO. 2024 – ___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO ALLOW FOR ISSUANCE OF BUILDING
PERMITS AFTER BOARD APPROVAL OF FINAL SUBDIVISION
PLATS BUT BEFORE RECORDATION, AND RENAMING OPTIONAL
PRELIMINARY SUBDIVISION PLATS TO CONCEPTUAL PLAT WITH
DEVIATIONS, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE –
GENERAL PROVISIONS, INCLUDING SECTION 1.08.01
ABBREVIATIONS; CHAPTER TWO – ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION
2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.07
OVERLAY ZONING DISTRICTS, AND SECTION 2.08.08 RURAL
FRINGE ZONING DISTRICTS; CHAPTER THREE – RESOURCE
PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION
STANDARDS; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.03.03 SUBDIVISION
EXEMPTIONS, AND SECTION 4.06.02 BUFFER REQUIREMENTS;
CHAPTER FIVE – SUPPLEMENTAL STANDARDS, INCLUDING
SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS;
CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SECTION 6.01.02 EASEMENTS, SECTION 6.05.01 WATER
MANAGEMENT REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS; AND CHAPTER TEN – APPLICATION, REVIEW,
AND DECISION-MAKING PROCEDURES, INCLUDING SECTION
10.02.01 PRE-APPLICATION CONFERENCE REQUIRED, SECTION
10.02.04 REQUIREMENTS FOR SUBDIVISION PLATS, SECTION
10.02.14 LANDSCAPE PLANS, AND SECTION 10.08.00 CONDITIONAL
USE PROCEDURES, SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20240008157]
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Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on ________, 2024, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on ________, 2024, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
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SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1), F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
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9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
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SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 - ABBREVIATIONS
Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 1.08.01 Abbreviations
* * * * * * * * * * * * *
CON Conservation Zoning District
CPD Conceptual Plat with Deviations
CRD Compact Rural Development
* * * * * * * * * * * * *
PSP Preliminary Subdivision Plat
* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 – AGRICULTURAL DISTRICTS
Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 2.03.01 Agricultural Districts
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands
for low density residential development in a semi-rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited
agricultural activities, the E district is also designed to accommodate as conditional uses,
development that provides services for and is compatible with the low density residential,
semi-rural and rural character of the E district. The E district corresponds to and
implements the estates land use designation on the future land use map of the Collier
County GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be consistent with
and not exceed the density permissible or permitted under the estates district of the
future land use element of the Collier County GMP as provided under the Golden Gate
Master Plan.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates district
(E).
.* * * * * * * * * * * * *
b. Accessory Uuses.
* * * * * * * * * * * * *
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6. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include but are not
limited to golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.02 – RESIDENTIAL ZONING
DISTRICTS
Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.02 Residential Zoning Districts
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The
purpose and intent of the residential single-family districts (RSF) is to provide lands
primarily for single-family residences. These districts are intended to be single-family
residential areas of low density. The nature of the use of property is the same in all of
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot
coverage, parking, landscaping and signs. Certain structures and uses designed to
serve the immediate needs of the single-family residential development in the RSF
districts such as governmental, educational, religious, and noncommercial recreational
uses are permitted as conditional uses as long as they preserve and are compatible with
the single-family residential character of the RSF district[s]. The RSF districts
correspond to and implement the urban mixed use land use designation on the future
land use map of the Collier County GMP. The maximum density permissible in the
residential single-family (RSF) districts and the urban mixed use land use designation
shall be guided, in part, by the density rating system contained in the future land use
element of the Collier County GMP. The maximum density permissible or permitted in
the RSF district shall not exceed the density permissible under the density rating system,
except as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential single-
family districts (RSF).
* * * * * * * * * * * * *
b. Accessory Uuses.
* * * * * * * * * * * * *
4. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
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limited to, golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the residential single-family districts (RSF), subject to the standards
and procedures established in LDC section 10.08.00.\
* * * * * * * * * * * * *
9. Recreational facilities intended to serve an existing and/or
developing residential community as represented by all of the
properties/lots/parcels included in an approved preliminary
subdivision plat, or site development plan. The use of said
recreational facilities shall be limited to the owners of property or
occupants of residential dwellings units and their guests within the
area of approved preliminary subdivision plat, or site development
plan.
* * * * * * * * * * * * *
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential
multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family
residences having a low profile silhouette, surrounded by open space, being so situated
that it is located in close proximity to public and commercial services and has direct or
convenient access to collector and arterial roads on the county major road network. The
RMF-6 district corresponds to and implements the urban mixed use land use designation
on the future land use map of the Collier County GMP. The maximum density
permissible in the RMF-6 district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use element of
the Collier County GMP. The maximum density permissible or permitted in the RMF-6
district shall not exceed the density permissible under the density rating system, except
as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the RMF-6 district.
* * * * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to, golf course, clubhouse, community center building and
tennis facilities, playgrounds and playfields.
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* * * * * * * * * * * *
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences
having a mid-rise profile, generally surrounded by lower structures and open space,
located in close proximity to public and commercial services, with direct or convenient
access to collector and arterial roads on the county major road network.
Governmental, social, and institutional land uses that serve the immediate needs of
the multi-family residences are permitted as conditional uses as long as they preserve
and are compatible with the mid-rise multiple-family character of the district. The RMF-
12 district corresponds to and implements the urban mixed use land use designation
on the future land use map of the Collier County GMP. The maximum density
permissible in the RMF-12 district and the urban mixed use land use designation shall
be guided, in part, by the density rating system contained in the future land use
element of the Collier County GMP. The maximum density permissible or permitted in
the RMF-12 district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the Residential Multi-
Family-12 District (RMF-12).
* * * * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to, golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * *
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential
multi-family-16 district (RMF-16) is to provide lands for medium to high density
multiple-family residences, generally surrounded by open space, located in close
proximity to public and commercial services, with direct or convenient access to
arterial and collector roads on the county major road network. Governmental, social,
and institutional land uses that serve the immediate needs of the multiple-family
residences are permitted as conditional uses as long as they preserve and are
compatible with the medium to high density multi-family character of the district. The
RMF-16 district corresponds to and implements the urban mixed use land use
designation on the future land use map of the Collier County GMP. The maximum
density permissible in the RMF-16 district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County GMP. The maximum density permissible
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or permitted in the RMF-16 district shall not exceed the density permissible under the
density rating system, except as permitted by policies contained in the future land use
element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential multi-
family-16 district (RMF-16).
* * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to, golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
E. Residential Tourist District (RT). The purpose and intent of the residential tourist
district (RT) is to provide lands for tourist accommodations and support facilities, and
multiple family uses. The RT district corresponds with and implements the urban mixed
use district and the activity center district in the urban designated area on the future
land use map of the Collier County GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential tourist
district (RT).
* * * * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
4. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to, golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
F. Village Residential District (VR). The purpose and intent of the village residential
district (VR) is to provide lands where a mixture of residential uses may exist.
Additionally, uses are located and designed to maintain a village residential character
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which is generally low profile, relatively small building footprints as is the current
appearance of Goodland and Copeland. The VR district corresponds to and
implements the mixed residential land use designation on the Immokalee future land
use map of the Collier County GMP. It is intended for application in those urban areas
outside of the coastal urban area designated on the future land use map of the Collier
County GMP, though there is some existing VR zoning in the coastal urban area. The
maximum density permissible in the VR district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County GMP. The maximum density permissible
or permitted in the VR district shall not exceed the density permissible under the
density rating system, except as permitted by policies contained in the future land use
element, or as designated on the Immokalee future land use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the village
residential district (VR).
* * * * * * * * * * * * *
b. Accessory Uuses
* * * * * * * * * * * * *
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to, golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the village residential district (VR), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
9. Recreational facilities intended to serve an existing and/or
developing residential community as represented by all of the
properties/lots/parcels included in an approved preliminary
subdivision plat, or site development plan. The use of said
recreational facilities shall be limited to the owners of property or
occupants of residential dwellings units and their guests within the
area of approved preliminary subdivision plat, or site development
plan.
* * * * * * * * * * * * *
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G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is
to provide land for mobile homes and modular built homes, as defined in this Land
Development Code, that are consistent and compatible with surrounding land uses.
The MH District corresponds to and implements the urban mixed-use land use
designation on the future land-use map of the Collier County GMP. The maximum
density permissible in the MH district and the urban mixed use land use designation
shall be guided, in part, by the density rating system contained in the future land use
element of the Collier County GMP. The maximum density permissible or permitted in
the MH district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use element, or as
identified in the Immokalee future land use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the mobile home
district (MH).
* * * * * * * * * * *
b. Accessory Uuses.
* * * * * * * * * * * * *
3. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to, golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the residential single-family districts (RSF), subject to the standards
and procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
5. Recreational facilities intended to serve an existing and/or
developing residential community as represented by all of the
properties/lots/parcels included in an approved preliminary
subdivision plat, PUD or site development plan. The use of said
recreational facilities shall be limited to the owners of property or
occupants of residential dwellings units and their guests within the
area of approved preliminary subdivision plat, or site development
plan.
* * * * * * * * * * * * *
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SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 – OVERLAY ZONING
DISTRICTS
Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
D. Special Treatment Overlay (ST).
* * * * * * * * * * * * *
4. Transfer of Development Rights (TDR).
* * * * * * * * * * * * *
b. Transfer of development rights from urban areas to urban areas. An
owner of land located within areas designated as urban on the Future
Land Use Map, including agriculturally zoned properties, which may or
may not be identified with the ST overlay, may elect to transfer some or
all of the residential development rights from one parcel of land to another
parcel, as an alternative to the development of the sending lands. The
lands to which the development rights are to be transferred shall be
referred to as receiving lands and those lands from which development
rights are transferred shall be referred to as sending lands, as provided
herein and shall be located within the urban designated areas of the
county.
* * * * * * * * * * * * *
vii. Procedure for obtaining transfer of residential development rights.
Any owner of eligible land may apply for a transfer of development
rights either separately or concurrently with rezoning, zoning
ordinance amendments, preliminary subdivision plat or
development plan. Prior to the approval of any transfer of
development rights or the issuance of any building permits in
connection with the use of any transfer of development rights, the
petitioner shall submit the following information and data, as
applicable to the petition, to the development services director for
his review and subsequent action by the Board of County
Commissioners.
* * * * * * * * * * * * *
E. Historical and Archaeological Sites (H). It is the intent of these regulations to recognize
the importance and significance of the County's historical and archaeological heritage.
To that end, it is the county's intent to protect, preserve, and perpetuate the County's
historic and archaeological sites, districts, structures, buildings, and properties. Further,
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the BCC, finds that these regulations are necessary to protect the public interest, to halt
illicit digging or excavation activities which could result in the destruction of prehistoric
and historic archaeological sites, and to regulate the use of land in a manner which
affords the maximum protection to historical and archaeological sites, districts,
structures, buildings, and properties consistent with individual property rights. It is not the
intent of this LDC to deny anyone the use of his property, but rather to regulate the use
of such property in a manner which will ensure, to the greatest degree possible, that
historic and archaeological sites, districts, structures, buildings, and properties are
protected from damage, destruction, relocations, or exportations.
* * * * * * * * * * * *
2. Applicability during development review process; county projects; agriculture;
waiver request.
* * * * * * * * * * * *
e. Preliminary subdivision plat. Submittal for a preliminary subdivision plat
within an area of historical/archaeological probability but not subject to
subsections b through c shall include a historical/archaeological survey
and assessment prepared by a certified archaeologist. The preservation
board shall review the recommendations derived from the survey and
assessment and submit their recommendations to the Collier County
Board of County Commissioners for consideration for incorporation into
the local development order. Reserved.
f. Final subdivision plat or site development plan (SDP). Submittal for a final
subdivision plat, including construction documents or site development
plan (SDP) within an area of historical/archaeological probability but not
subject to subsections b, c, or e of this section shall include a
historical/archaeological survey and assessment prepared by a certified
archaeologist. The preservation board shall review the recommendations
derived from the survey and assessment which shall be incorporated into
the final subdivision plat and construction document or local development
order.
* * * * * * * * * * * * *
L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO).
5. Development criteria. The following standards shall apply to all uses in this
overlay district.
* * * * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
iv. Recreational facilities that serve as an integral part of a
residential development and have been designated,
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reviewed and approved on a site development plan or
preliminary subdivision plat for that development.
Recreational facilities may include, but are not limited to,
golf course, clubhouse, community center building and
tennis facilities, parks, playgrounds and playfields.
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.08 – RURAL FRINGE ZONING
DISTRICTS
Section 2.03.08, Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.08 Rural Fringe Zoning Districts
A. Rural Fringe Mixed-Use District (RFMU District).
* * * * * * * * * * * * *
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU
district that have been identified as being most appropriate for development and
to which residential development units may be transferred from RFMU sending
lands. Based on the evaluation of available data, RFMU receiving lands have a
lesser degree of environmental or listed species habitat value than RFMU
sending lands and generally have been disturbed through development or
previous or existing agricultural operations. Various incentives are employed to
direct development into RFMU receiving lands and away from RFMU sending
lands, thereby maximizing native vegetation and habitat preservation and
restoration. Such incentives include, but are not limited to: the TDR process;
clustered development; density bonus incentives; and, provisions for central
sewer and water. Within RFMU receiving lands, the following standards shall
apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more
specifically provided in an applicable PUD.
a. Outside rural villages.
* * * * * * * * * * * * *
(3) Allowable Uuses.
* * * * * * * * * * * * *
(b) Accessory uses.
* * * * * * * * * * * * *
iii. Recreational facilities that serve as an integral part
of a residential development and have been
designated, reviewed, and approved on a site
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development plan or preliminary subdivision plat
for that development. Recreational facilities may
include, but are not limited to clubhouse,
community center building, tennis facilities,
playgrounds and playfields.
* * * * * * * * * * * * *
3. Neutral lands. Neutral lands have been identified for limited semi-rural residential
development. Available data indicates that neutral lands have a higher ratio of
native vegetation, and thus higher habitat values, than lands designated as
RFMU receiving lands, but these values do not approach those of RFMU sending
lands. Therefore, these lands are appropriate for limited development, if such
development is directed away from existing native vegetation and habitat. Within
neutral lands, the following standards shall apply:
a. Allowable uses. The following uses are permitted as of right:
* * * * * * * * * * * * *
(2) Accessory uses. The following uses are permitted as accessory to
uses permitted as of right or to approved conditional uses:
* * * * * * * * * * * * *
(b) Recreational facilities that serve as an integral part of a
residential development and have been designated,
reviewed, and approved on a site development plan or
preliminary subdivision plat for that development.
Recreational facilities may include, but are not limited to
clubhouse, community center building, tennis facilities,
playgrounds and playfields.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.07 – PRESERVATION
STANDARDS
Section 3.05.07, Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
3.05.07 - Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum,
the preservation standards contained within this section.
H. Preserve standards.
2. Design standard
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* * * * * * * * * * * * *
d. Preserve mechanisms. All preserve areas shall be designated as
preserves on all site plans.
On-site County required preserves shall be dedicated to the County as
non-exclusive conservation easements without placing on the County the
responsibility for maintenance of the preserve area, and the easement
conveyance to the County shall include the right of access from existing
road right-of-way. The easement shall dedicate the responsibility of
maintenance to a property owners association or similar entity, and it
shall contain allowable uses and limitations to protect the preserve. All
preserve areas shall be shown on the preliminary and final subdivision
plats in accordance with section 10.02.04, with language similar to
Section 704.06 F.S.
No individual residential or commercial lot, parcel lines, or other
easements including, but not limited to, utility or access easements that
are not compatible with allowable uses in preserve areas, may project
into a preserve area.
State and federal parks and preserves shall not be required to place
their preserves in a conservation easement.
Any conservation easement or other document restricting uses in a
preserve area shall contain the following statement (consistent with
CCME GMP Policy 1.1.6):
"Oil extraction and related processing operations are uses which are
exempt from the restrictions herein and shall remain allowed uses on
the lands described herein."
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 4.03.03 – SUBDIVISION EXEMPTIONS
Section 4.03.03, Subdivision Exemptions, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.03.03 - Subdivision Exemptions
Before any property or development proposed to be exempted from the terms of this section
may be considered for exemption, a written request for exemption shall be submitted to the
County Manager or designee. After a determination of completeness, the County Manager or
designee shall approve, approve with conditions, or deny the request for exemption based on
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the terms of the applicable exemptions. Procedures for application, review, and decision
regarding exemptions from these subdivision requirements are set forth in the Administrative
Code. To the extent approved, the following may be exempted from these subdivision
requirements.
A. Active agricultural uses. Agriculturally related development as identified in the permitted
and accessory uses allowed in the rural agricultural district A and located within any area
designated as agricultural on the future land use map of the Collier County GMP and the
Collier County official zoning atlas, except single-family dwellings and farm labor housing
subject to LDC sections 5.05.03 and 2.03.00 shall be exempt from the requirements and
procedures for preliminary subdivision plats and construction plans; provided, however,
nothing contained herein shall exempt such active agricultural uses from the
requirements and procedures for final subdivision plats, and where required subdivision
improvements are contemplated, the posting of subdivision performance security.
B. Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the
requirements and procedures for preliminary subdivision plats and improvement plans;
provided, however, nothing contained herein shall exempt such division of land into
cemetery lots or parcels from the requirements and procedures for final subdivision plats
and, where required subdivision improvements are contemplated, the posting of
subdivision performance security; and provided, further, that such division of land into
cemetery lots or parcels shall be subject to and comply with the requirements and
procedures for site development plans as set forth in the Administrative Code and
Chapter 10, and shall obtain site development plan approval for the entire property
proposed for such division of land into cemetery lots or parcels.
* * * * * * * * * * * * *
F. The division of property, occurring prior to July 15, 1998, meeting the definition of rural
subdivision shall not require the subdivider to record a final plat nor comply with the
subdivision regulations provided in LDC section 4.03.00. Nor shall the division of
property occurring after July 15, 1998, in the rural area require the property owner to
record a final plat nor comply with the subdivision regulations provided in LDC section
4.03.00, if the property so divided has been the subject of a rezoning hearing by the
BCC within the 24 month period preceding July 15, 1998. The subdivision of properties
occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary
subdivision plat (PSP) construction plans and final subdivision plat (PPL). However, the
applicability of all required subdivision improvements and standards as set forth in
section LDC 4.03.00, required improvements, of this LDC shall be determined by the
County Manager or designee on a case by case basis. The applicant, through the
preliminary subdivision plat (PSP) conceptual plat with deviations (CPD) process may
request waivers from certain "required improvements". The subdivider and purchaser of
property meeting definition (a) of rural subdivision shall comply with section 4.03.03 of
this LDC. The division of property not meeting the definition of rural subdivision is
required to comply with all requirements of section 4.03.00.
G. Rural area subdivision requirements.
1. Deeds and other conveyances. All deeds and other conveyances for properties
shall include in ten-point type the following statement: "NO GOVERNMENTAL
AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE
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FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING
INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED."
2. Building permits for rural subdivisions. Building permits will not be issued until the
final subdivision plat is recorded except when issued pursuant to F.S. 177.073 .
* * * * * * * * * * * * *
SUBSECTION 3.H. AMENDMENTS TO SECTION 4.06.2 – BUFFER REQUIREMENTS
Section 4.06.02, Buffer Requirements, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.06.02 – Buffer Requirements
B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1)
undeveloped, (2) undeveloped but permitted without the required buffering and
screening required pursuant to this Code, or (3) developed without the buffering and
screening required pursuant to this Code, the proposed use shall be required to install
the more opaque buffer as provided for in table 2.4. Where property adjacent to the
proposed use has provided the more opaque buffer as provided for in table 2.4, the
proposed use shall install a type A buffer.
Where the incorporation of existing native vegetation in landscape buffers is determined
as being equivalent to or in excess of the intent of this Code, the planning services
director may waive the planting requirements of this section.
Buffering and landscaping between similar residential land uses may be incorporated
into the yards of individual lots or tracts without the mandatory creation of separate
tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an
easement for buffering and landscaping.
The buffering and screening provisions of this Code shall be applicable at the time of
planned unit development (PUD), preliminary subdivision plat (CPDPSP) or site
development plan (SDP) review, with the installation of the buffering and screening
required pursuant to LDC section 4.06.05 H. If the applicant chooses to forego the
optional CPDPSP process, then signed and sealed landscape plans will be required on
the final subdivision plat. Where a more intensive land use is developed contiguous to a
property within a similar zoning district, the planning services director may
require buffering and screening the same as for the higher intensity uses between those
uses.
Landscape buffering and screening standards within any planned unit development shall
conform to the minimum buffering and screening standards of the zoning district to which
it most closely resembles. The planning services director may approve alternative
landscape buffering and screening standards when such alternative standards have
been determined by use of professional acceptable standards to be equivalent to or in
excess of the intent of this Code.
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* * * * * * * * * * * * *
SUBSECTION 3.I. AMENDMENTS TO SECTION 5.04.04 – MODEL HOMES AND MODEL
SALES CENTERS
Section 5.04.04, Model Homes and Model Sales Centers, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.04.04 Model Homes and Model Sales Centers
* * * * * * * * * * * * *
B. Model homes and model sales centers located within residential zoning districts, a
residential component of a PUD, the estates (E) zoning district, or the agricultural (A)
zoning district, shall be restricted to the promotion of a product or products permitted
within the zoning district in which the model home or model sales center is located and
further subject to the following:
* * * * * * * * * * * * *
5. Temporary use permits for model homes or model sales centers to be located
within a proposed single-family development prior to final plat approval may be
requested by the applicant and require:
* * * * * * * * * * * * *
f. The boundaries depicted on the preliminary subdivision plat shall be
depicted on the SDP in order to ensure compliance with the applicable
development standards in effect on the subject property.
g. Final lot grading and drainage conveyance shall be in conformance with
the master grading plan for the project as depicted on the preliminary
subdivision plat submittal documents.
* * * * * * * * * * * * *
SUBSECTION 3.J. AMENDMENTS TO SECTION 6.01.02 – EASEMENTS
Section 6.01.02, Easements, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.01.02 Easements
If applicable, easements shall be provided along lot lines or along the alignment of the
improvements requiring easements in accordance with all design requirements so as to provide
for proper access to, and construction and maintenance of, the improvements. All such
easements shall be properly identified on the preliminary subdivision plat and dedicated on the
final subdivision plat.
* * * * * * * * * * * * *
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C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of
Collier County, without any maintenance obligation, shall be provided for all
"protected/preserve" areas required to be designated on the preliminary and final
subdivision plats or only on the final subdivision plat if the applicant chooses not to
submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or
abutting a protected/preserve area required to be designated on the preliminary and final
subdivision plats or only on the final subdivision plat if the applicant chooses not to
submit the optional preliminary subdivision plat, shall have a minimum setback as
required by the LDC, or other setback that may be approved as a deviation through the
PUD approval process by the Board of County Commissioners from the boundary of
such protected/preserve area in which no principle structure may be constructed. The
required preserve principal structure setback line and the accessory structure setback
lines shall be clearly indicated and labeled on the final plat where applicable. Further, the
preliminary and final subdivision plats, or only on the final subdivision plat if the applicant
chooses not to submit the optional preliminary subdivision plat, shall require that no
alteration, including accessory structures, fill placement, grading, plant alteration or
removal, or similar activity shall be permitted within such setback area without the prior
written consent of the County Manager or designee; provided, in no event shall these
activities be permitted in such setback area within ten feet of the protected/preserve area
boundary. Additional regulations regarding preserve setbacks and buffers are located in
Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are
platted or simply identified by a recorded conservation easement. The boundaries of all
required easements shall be dimensioned on the final subdivision plat. Required
protected/preserve areas shall be identified as separate tracts or easements having
access to them from a platted right-of-way. No individual residential or commercial lot or
parcel lines may project into them when platted as a tract. If the protected/preserve area
is determined to be jurisdictional in nature, verification must be provided which
documents the approval of the boundary limits from the appropriate local, state or
federal agencies having jurisdiction and when applicable pursuant to the requirements
and provisions of the growth management plan. All required easements or tracts for
protected/preserve areas shall be dedicated and also establish the permitted uses for
said easement(s) and/or tracts on the final subdivision plat to Collier County without the
responsibility for maintenance and/or to a property owners' association or similar entity
with maintenance responsibilities. An applicant who wishes to set aside, dedicate or
grant additional protected preserve areas not otherwise required to be designated on the
preliminary and final subdivision plats, or only on the final subdivision plat if the applicant
chooses not to submit the optional preliminary subdivision plat, may do so by grant or
dedication without being bound by the provisions of this section.
SUBSECTION 3.K. AMENDMENTS TO SECTION 6.05.01 – WATER MANAGEMENT
REQUIREMENTS
Section 6.05.01, Water Management Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
6.05.01 Water Management Requirements
A complete stormwater management system shall be provided for all areas within the
subdivision or development, including lots, streets, and alleys.
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A. The system design shall meet the applicable provisions of the current County codes and
ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida
Administrative Code, and any other affected state and federal agencies' rules and
regulations in effect at the time of preliminary subdivision plat submission. Water
management areas will be required to be maintained in perpetuity according to the
approved plans. Water management areas not maintained will be corrected according to
approved plans within 30 days.
* * * * * * * * * * * * *
SUBSECTION 3.L. AMENDMENTS TO SECTION 6.06.01 – STREET SYSTEM
REQUIREMENTS
Section 6.06.01, Easements, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.06.01 - Street System Requirements
* * * * * * * * * * * * *
B. The street layout of all subdivisions or developments shall be coordinated with the street
systems of the surrounding areas, adjacent properties shall be provided with local street
interconnections unless topography, other natural features, or other
ordinances/regulations do not allow or require said connections. All arterial or collector
streets shall be planned to conform to the GMP. collector and arterial streets within a
development shall not have individual residential driveway connections. Their location
and right-of-way cross-section must be reviewed and approved by the County Manager
or designee during the preliminary subdivision plat review process. All subdivisions shall
provide rights-of-way in conformance with the GMP and the right-of-way cross-section
contained in Appendix B. All streets shall be designed and constructed to provide for
optimum vehicular and pedestrian safety, long service life, and low cost of maintenance.
* * * * * * * * * * * * *
P. Street names.
* * * * * * * * * * * * *
3. All street names shall be subject to approval by the County Manager or designee
during the preliminary subdivision plat approval process.
* * * * * * * * * * * * *
SUBSECTION 3.M. AMENDMENTS TO SECTION 10.02.01 – PRE-APPLICATION
CONFERENCE REQUIRED
Section 10.02.01, Pre-Application Conference Required, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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10.02.01 Pre-Application Conference Required
A. Subdivision review procedures.
1. Preapplication conference. Prior to formal filing of a preliminary 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.
* * * * * * * * * * * * *
b. Issues of discussion. Issues that shall be discussed at the preapplication
conference shall include but are not limited to the following:
* * * * * * * * * * * * *
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 documentation.
* * * * * * * * * * * * *
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SUBSECTION 3.N. AMENDMENTS TO SECTION 10.02.04 – REQUIREMENTS FOR
PRELIMINARY AND FINAL SUBDIVISION PLATS
Section 10.02.04, Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
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) Conceptual Plat with Deviations
(CPD). A preliminary subdivision conceptual plat with deviations 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 conceptual plat with deviations is optional while a
final subdivision plat is mandatory.
1. Generally.
a. Approved zoning. No preliminary subdivision conceptual plat with
deviations 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 conceptual plat with
deviations 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 conceptual
plat with deviations application shall be submitted in accordance with this
section for any integrated phased development.
2. Application for preliminary subdivision conceptual plats with deviations.
a. The Administrative Code shall establish the process and submittal
requirements for a preliminary subdivision conceptual plat with deviations.
b. A preliminary subdivision conceptual plat with deviations shall include the
entire property to be subdivided and recorded.
c. The preliminary subdivision conceptual plat with deviations shall be
prepared by the applicant's professional engineer and professional
surveyor and mapper.
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d. The boundary survey for the preliminary subdivision conceptual plat with
deviations 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 conceptual
plat with deviations utilizing the standards established in LDC chapters 3, 4, 6,
and other provisions of the LDC. The decision to approve with conditions, or
deny the preliminary subdivision conceptual plat with deviations 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 conceptual plat with deviations, he it shall be stated in
writing the reasons for such denial, including and shall cite the applicable code or
regulatory basis for the conditions or denial.
4. Amendments. Any amendment to the approved preliminary subdivision
conceptual plat with deviations 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 conceptual plat
with deviations provided those amendments 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 conceptual plat with deviations and shall
provide clear and convincing documentation 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 conceptual plat with
deviations, the applicant shall prepare and submit to the County Manager or
designee the construction plans and final subdivision plat for at least the first
phase of the proposed subdivision. Each subsequent phase of the preliminary
subdivision conceptual plat with deviations 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
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conceptual plat with deviations 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 conceptual plat with deviations, 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 conceptual plat with deviations, nor shall the County be
estopped to deny any rezoning in which a preliminary subdivision conceptual plat
with deviations 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.
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.
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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 conceptual plat with deviations and shall constitute only that
portion of the approved preliminary subdivision conceptual plat with
deviations 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:
i. Streets, sidewalks, paving, grading, and stormwater management
(drainage);
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
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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 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
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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 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 responsibility for their maintenance
shall be by separate resolution of the Board of County
Commissioners. See LDC section 10.02.05 C.3.
d. After Board approval of the final subdivision plat, building permits
may be issued for a percentage of planned homes in accordance
with the Florida Building Code and pursuant to F.S. 177.073.
Subdivision performance security shall be in accordance with LDC
section 10.02.04 F.2.b.i., and the construction and maintenance
agreement shall be in accordance with LDC section
10.02.04.F.3.e when utilizing F.S. 177.073.
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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 insubstantial changes to the
construction plans.
i. 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 recordation, 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 recordation, 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 conceptual plat with deviations. Once the
preliminary subdivision conceptual plat with deviations 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.
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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.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
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, LDC section
10.02.04 B.6., and LDC section 10.02.04 B.4.d., as applicable.
2. Posting of subdivision performance security at the time of recording or at Board
approval when utilizing F.S. 177.073.
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.
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.
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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 performance security shall
be required of an independent special-purpose government 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.
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.
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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 construction 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 Board approval, if building
permits are issued when utilizing F.S. 177.073 or at the time of recording
the final 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
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and original documentation must be provided by 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 instruments not
previously provided in connection with submittals for the recording of the
final subdivision plat.
* * * * * * * * * * * * *
SUBSECTION 3.O. AMENDMENTS TO SECTION 10.02.14 – LANDSCAPE PLANS
Section 10.02.14, Landscape Plans, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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 requirements of this section must submit a landscape plan to the County Manager or
his designee. The landscape plan must bear the seal of a Landscape Architect
registered in the State of Florida. The landscaping required for single-family, two family,
and mobile home dwelling units must be shown on the building permit plot plan. This
plan is not required to bear the seal of a landscape architect.
* * * * * * * * * * * * *
SUBSECTION 3.P. AMENDMENTS TO SECTION 10.08.00 – CONDITIONAL USE
PROCEDURES
Section 10.08.00, Conditional Use Procedures, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
10.08.00 Conditional Use Procedures
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* * * * * * * * * * * * *
I. Conditional uses for school or religious purposes. A use which has been approved as
part of a preliminary subdivision plat 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 LDC section 10.02.03, site development plan
approval, as applicable, and all other zoning requirements.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
16.A.12.a
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of _____________, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
__________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/____ (__/__/__)
24-LDS-00330/46 (__/__/__)
16.A.12.a
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240008157
SUMMARY OF AMENDMENT
In compliance with F.S. 177. 073, th is amendment updates the process for
issuing building permits for residential subdivisions or planned
communities before a final plat is recorded with the clerk of circuit court.
It allows for an applicant to request up to 50 percent of planned homes or
number of building permits when associated with a master building permit
process. It also requires a companion amendment to the Administrative
Code for Land Development. LDC amendments are reviewed by the Board
of County Commissioners (Board), Collier County Planning Commissio n
(CCPC), Development Services Advisory Committee (DSAC), and the
Land Development Review Subcommittee of the DSAC (DSAC -LDR).
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 01.08.01
02.03.01
02.03.02
02.03.07
02.08.08
03.05.07
04.03.03
04.06.02
05.04.04
06.01.02
06.05.01
06.06.01
10.02.01
10.02.04
10.02.14
10.08.00
Abbreviations
Agricultural Districts
Residential Zoning Districts
Overlay Zoning Districts
Rural Fringe Zoning Districts
Preservation Standards
Subdivision Exemptions
Buffer Requirements
Model Homes and Model Sales Centers
Easements
Water Management Requirements
Street System Requirements
Pre-Application Conference Required
Requirements for Preliminary and Final Subdivision Plats
Landscape Plans
Conditional Use Procedures
CCPC 08/15/2024
DSAC 08/07/2024
DSAC-LDR 07/29/2024
16.A.12.b
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FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal impacts to the
County, except for the cost of advertising an
ordinance amending the LDC. The cost
associated with advertising the Ordinance is
estimated at $1,008.00. Funds are available
within the Unincorporated Area General
Fund (111), Zoning & Land Development
Cost Center (138319).
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Administrative Code Amendment B) Florida Statutory References
ADVISORY BOARD RECOMMENDATIONS
DSAC -LDR
Approval
DSAC
TBD
CCPC
TBD
BACKGROUND
The 2024 Florida legislature adopted Senate Bill 812 and created F.S. 177.073: Expedited appproval of
residential building permits before final plats, which became law effective May 29, 2024. See Exhibit
B. It requires by no later than October 1, 2024, local governments to expedite and update the building
permit process so an applicant may request up to 50 percent of planned homes or the number of building
permits that will be issued for a residential subdivision or planned community before a final plat is
recorded . It stipulates that a local government may not alter or restict an applicant from receiving the
number of building permits, so long as the request does not exceed 50 percent. It provides for an
applicant to contract to sell, but not transfer ownership of, a residential structure or buildi ng located in
a preliminary plat before the plat is approved by local government but not obtain the final certificate of
occupancy until the final plat is approved by the Board and recorded in public records. It further requires
local governmnets to updat e the expedited building permit program with certain increased precentages
(up to 75%) by December 31, 2027.
In accordance with F.S. 553.794, local government residential master building permit program, the
County has an existing process for the application of single -family, two-family, and multi-family master
building permits. This amendment seeks to modify the LDC and administrative code to allow an
applicant to identify the percentage of planned homes or number of building permits that the County
will issue at the time of preliminary plat approval. The proposed LDC changes are necessary and
consistent with the Florida Statutory requirements.
DSAC-LDR Subcommittee Recommendation: On July 29, 2024, the DSAC -LDR subcommittee met and
recommended approval.
16.A.12.b
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Amend the LDC as follows: 1
2
1.08.01 Abbreviations 3
4
* * * * * * * * * * * * * 5
6
CON Conservation Zoning District
CPD Conceptual Plat with Deviations
CRD Compact Rural Development
7
* * * * ** * * * * * * * * 8
# # # # # # # # # # # # # 9
10
2.03.01 - Agricultural Districts. 11
12
13
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 14
low density residential development in a semi-rural to rural environment, with limited 15
agricultural activities. In addition to low density residential development with limited 16
agricultural activities, the E district is also designed to accommodate as conditional uses, 17
development that provides services for and is compatible with the low density residential, 18
semi-rural and rural character of the E district. The E district corresponds to and 19
implements the estates land use designation on the future land use map of the Collier 20
County GMP, although, in limited instances, it may occur outside of the estates land use 21
designation. The maximum density permissible in the E district shall be consistent with 22
and not exceed the density permissible or permitted under the estates district of the future 23
land use element of the Collier County GMP as provided under the Golden Gate Master 24
Plan. 25
26
1. The following subsections identify the uses that are permissible by right and the 27
uses that are allowable as accessory or conditional uses in the estates district (E). 28
29
.* * * * * * * * * * * * * 30
31
b. Accessory Uuses. 32
33
* * * * * * * * * * * * * 34
35
6. Recreational facilities that serve as an integral part of a residential 36
development and have been designated, reviewed and approved 37
on a site development plan or preliminary subdivision plat for that 38
development. Recreational facilities may include but are not limited 39
to golf course, clubhouse, community center building and tennis 40
facilities, parks, playgrounds and playfields. 41
42
* * * * * * * * * * * * * 43
# # # # # # # # # # # # # 44
16.A.12.b
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1
2.03.02 - Residential Zoning Districts 2
3
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 4
purpose and intent of the residential single-family districts (RSF) is to provide lands 5
primarily for single-family residences. These districts are intended to be single -family 6
residential areas of low density. The nature of the use of property is the same in all of 7
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 8
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 9
coverage, parking, landscaping and signs. Certain structures and uses designed to serve 10
the immediate needs of the single-family residential development in the RSF districts such 11
as governmental, educational, religious, and noncommercial recreational uses are 12
permitted as conditional uses as long as they preserve and are compatible with the single -13
family residential character of the RSF district[s]. The RSF districts correspond to and 14
implement the urban mixed use land use designation on the future land use map of the 15
Collier County GMP. The maximum density permissible in the residential single -family 16
(RSF) districts and the urban mixed use land use designation shall be guided, in part, by 17
the density rating system contained in the future land use element of the Collier County 18
GMP. The maximum density permissible or permitted in the RSF district shall not exceed 19
the density permissible under the density rating system, except as permitted by policies 20
contained in the future land use element. 21
22
1. The following subsections identify the uses that are permissible by right and the 23
uses that are allowable as accessory or conditional uses in the residential single -24
family districts (RSF). 25
26
* * * * * * * * * * * * * 27
28
a. Accessory Uuses. 29
30
* * * * * * * * * * * * * 31
32
4. Recreational facilities that serve as an integral part of a residential 33
development and have been designated, reviewed and approved 34
on a site development plan or preliminary subdivision plat for that 35
development. Recreational facilities may include, but are not limited 36
to, golf course, clubhouse, community center building and tennis 37
facilities, parks, playgrounds and playfields. 38
39
* * * * * * * * * * * * * 40
41
c. Conditional uses. The following uses are permissible as conditional uses 42
in the residential single-family districts (RSF), subject to the standards and 43
procedures established in LDC section 10.08.00.\ 44
45
* * * * * * * * * * * * * 46
47
9. Recreational facilities intended to serve an existing and/or 48
developing residential community as represented by all of the 49
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properties/lots/parcels included in an approved preliminary 1
subdivision plat, or site development plan. The use of said 2
recreational facilities shall be limited to the owners of property or 3
occupants of residential dwellings units and their guests within the 4
area of approved preliminary subdivision plat, or site development 5
plan. 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-11
family -6 district (RMF-6) is to provide for single-family, two-family and multi-family 12
residences having a low profile silhouette, surrounded by open space, being so situated 13
that it is located in close proximity to public and commercial services and has direct or 14
convenient access to collector and arterial roads on the county major road network. The 15
RMF-6 district corresponds to and implements the urban mixed use land use designation 16
on the future land use map of the Collier County GMP. The maximum density permissible 17
in the RMF-6 district and the urban mixed use land use designation shall be guided, in 18
part, by the density rating system contained in the future land use element of the Collier 19
County GMP. The maximum density permissible or permitted in the RMF -6 district shall 20
not exceed the density permissible under the density rating system, except as permitted 21
by policies contained in the future land use element. 22
23
1. The following subsections identify the uses that are permissible by right and the 24
uses that are allowable as accessory or conditional uses in the RMF -6 district. 25
26
* * * * * * * * * * * * * 27
28
a. Accessory uses. 29
30
* * * * * * * * * * * * * 31
32
3. Recreational facilities that serve as an integral part of a residential 33
development and have been designated, reviewed and approved 34
on a site development plan or preliminary subdivision plat for that 35
development. Recreational facilities may include, but are not limited 36
to, golf course, clubhouse, community center building and tennis 37
facilities, playgrounds and playfields. 38
39
* * * * * * * * * * * * 40
# # # # # # # # # # # # 41
42
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential 43
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having 44
a mid-rise profile, generally surrounded by lower structures and open space, located in 45
close proximity to public and commercial services, with direct or convenient access to 46
collector and arterial roads on the county major road network. Governmental, social, and 47
institutional land uses that serve the immediate needs of the multi -family residences are 48
permitted as conditional uses as long as they preserve and are compatible with the mid -49
16.A.12.b
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rise multiple-family character of the district. The RMF-12 district corresponds to and 1
implements the urban mixed use land use designation on the future land use map of the 2
Collier County GMP. The maximum density permissible in the RMF -12 district and the 3
urban mixed use land use designation shall be guided, in part, by the density rating system 4
contained in the future land use element of the Collier County GMP. The maximum density 5
permissible or permitted in the RMF-12 district shall not exceed the density permissible 6
under the density rating system, except as permitted by policies contained in the future 7
land use element. 8
9
1. The following subsections identify the uses that are permissible by right and the 10
uses that are allowable as accessory or conditional uses in the residential multi -11
family-12 district (RMF-12). 12
13
* * * * * * * * * * * * * 14
15
b. Accessory uses. 16
17
* * * * * * * * * * * * * 18
19
1. Recreational facilities that serve as an integral part of a residential 20
development and have been designated, reviewed and approved 21
on a site development plan or preliminary subdivision plat for that 22
development. Recreational facilities may include, but are not 23
limited to, golf course, clubhouse, community center building and 24
tennis facilities, playgrounds and playfields. 25
26
* * * * * * * * * * * * * 27
# # # # # # # # # # # # # 28
29
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential 30
multi-family -16 district (RMF-16) is to provide lands for medium to high density multiple-31
family residences, generally surrounded by open space, located in close proximity to 32
public and commercial services, with direct or convenient access to arterial and collector 33
roads on the county major road network. Governmental, social, and institutional land uses 34
that serve the immediate needs of the multiple-family residences are permitted as 35
conditional uses as long as they preserve and are compatible with the medium to high 36
density multi-family character of the district. The RMF -16 district corresponds to and 37
implements the urban mixed use land use designation on the future land use map of the 38
Collier County GMP. The maximum density permissible in the RMF -16 district and the 39
urban mixed use land use designation shall be guided, in part, by the density rating system 40
contained in the future land use element of the Collier County GMP. The maximum density 41
permissible or permitted in the RMF-16 district shall not exceed the density permissible 42
under the density rating system, except as permitted by policies contained in the future 43
land use element. 44
45
1. The following subsections identify the uses that are permissible by right and the 46
uses that are allowable as accessory or conditional uses in the residential multi -47
family-16 district (RMF-16). 48
49
16.A.12.b
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* * * * * * * * * * * 1
2
b. Accessory uses. 3
4
* * * * * * * * * * * * * 5
6
3. Recreational facilities that serve as an integral part of a residential 7
development and have been designated, reviewed and approved 8
on a site development plan or preliminary subdivision plat for that 9
development. Recreational facilities may include, but are not limited 10
to, golf course, clubhouse, community center building and tennis 11
facilities, playgrounds and playfields. 12
13
* * * * * * * * * * * * * 14
# # # # # # # # # # # # # 15
16
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district 17
(RT) is to provide lands for tourist accommodations and support facilities, and multiple 18
family uses. The RT district corresponds with and implements the urban mixed use district 19
and the activity center district in the urban designated area on the future land use map of 20
the Collier County GMP. 21
22
1. The following subsections identify the uses that are permissible by right and the 23
uses that are allowable as accessory or conditional uses in the residential tourist 24
district (RT). 25
26
* * * * * * * * * * * * * 27
28
b. Accessory uses. 29
c. 30
* * * * * * * * * * * * * 31
32
4. Recreational facilities that serve as an integral part of a residential 33
development and have been designated, reviewed and approved 34
on a site development plan or preliminary subdivision plat for that 35
development. Recreational facilities may include, but are not limited 36
to, golf course, clubhouse, community center building and tennis 37
facilities, playgrounds and playfields. 38
39
* * * * * * * * * * * * * 40
# # # # # # # # # # # # # 41
42
F. Village Residential District (VR). The purpose and intent of the village residential district 43
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses 44
are located and designed to maintain a village residential character which is generally low 45
profile, relatively small building footprints as is the current appearance of Goodland and 46
Copeland. The VR district corresponds to and implements the mixed residential land use 47
designation on the Immokalee future land use map of the Collier County GMP. It is 48
intended for application in those urban areas outside of the coastal urban area designated 49
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on the future land use map of the Collier County GMP, though there is some existing VR 1
zoning in the coastal urban area. The maximum density permissible in the VR district and 2
the urban mixed use land use designation shall be guided, in part, by the density rating 3
system contained in the future land use element of the Collier County GMP. The maximum 4
density permissible or permitted in the VR district shall not exceed the density permissible 5
under the density rating system, except as permitted by policies contained in the future 6
land use element, or as designated on the Immokalee future land use map of the GMP. 7
8
1. The following subsections identify the uses that are permissible by right and the 9
uses that are allowable as accessory or conditional uses in the village residential 10
district (VR). 11
12
* * * * * * * * * * * * * 13
14
b. Accessory Uuses 15
16
* * * * * * * * * * * * * 17
18
3. Recreational facilities that serve as an integral part of a residential 19
development and have been designated, reviewed and approved 20
on a site development plan or preliminary subdivision plat for that 21
development. Recreational facilities may include, but are not limited 22
to, golf course, clubhouse, community center building and tennis 23
facilities, playgrounds and playfields. 24
25
* * * * * * * * * * * * * 26
27
c. Conditional uses. The following uses are permissible as conditional uses 28
in the residential single-family districts (RSF), subject to the standards and 29
procedures established in LDC section 10.08.00. 30
31
* * * * * * * * * * * * * 32
33
9. Recreational facilities intended to serve an existing and/or 34
developing residential community as represented by all of the 35
properties/lots/parcels included in an approved preliminary 36
subdivision plat, or site development plan. The use of said 37
recreational facilities shall be limited to the owners of property or 38
occupants of residential dwellings units and their guests within the 39
area of approved preliminary subdivision plat, or site development 40
plan. 41
42
* * * * * * * * * * * * * 43
# # # # # # # # # # # # # 44
45
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to 46
provide land for mobile homes and modular built homes, as defined in this Land 47
Development Code, that are consistent and compatible with surrounding land uses. The 48
MH District corresponds to and implements the urban mixed-use land use designation on 49
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the future land-use map of the Collier County GMP. The maximum density permissible in 1
the MH district and the urban mixed use land use designation shall be guided, in part, by 2
the density rating system contained in the future land use element of the Collier County 3
GMP. The maximum density permissible or permitted in the MH district shall not exceed 4
the density permissible under the density rating system, except as permitted by policies 5
contained in the future land use element, or as identified in the Immokalee future land use 6
map of the GMP. 7
8
1. The following subsections identify the uses that are permissible by right and the 9
uses that are allowable as accessory or conditional uses in the mobile home district 10
(MH). 11
12
* * * * * * * * * * * 13
14
a. Accessory Uuses. 15
16
* * * * * * * * * * * * * 17
3. Recreational facilities that serve as an integral part of a residential 18
development and have been designated, reviewed and approved 19
on a site development plan or preliminary subdivision plat for that 20
development. Recreational facilities may include, but are not limited 21
to, golf course, clubhouse, community center building and tennis 22
facilities, playgrounds and playfields. 23
24
* * * * * * * * * * * * * 25
26
c. Conditional uses. The following uses are permissible as conditional uses 27
in the residential single-family districts (RSF), subject to the standards and 28
procedures established in LDC section 10.08.00. 29
30
* * * * * * * * * * * * * 31
32
5. Recreational facilities intended to serve an existing and/or 33
developing residential community as represented by all of the 34
properties/lots/parcels included in an approved preliminary 35
subdivision plat, PUD or site development plan. The use of said 36
recreational facilities shall be limited to the owners of property or 37
occupants of residential dwellings units and their guests within the 38
area of approved preliminary subdivision plat, or site development 39
plan. 40
41
* * * * * * * * * * * * * 42
# # # # # # # # # # # # # 43
44
2.03.07 - Overlay Zoning Districts 45
46
* * * * * * * * * * * * * 47
48
D. Special Treatment Overlay (ST). 49
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* * * * * * * * * * * * * 1
2
4. Transfer of Development Rights (TDR). 3
4
* * * * * * * * * * * * * 5
b. Transfer of development rights from urban areas to urban areas. An owner 6
of land located within areas designated as urban on the Future Land Use 7
Map, including agriculturally zoned properties, which may or may not be 8
identified with the ST overlay, may elect to transfer some or all of the 9
residential development rights from one parcel of land to another parcel, as 10
an alternative to the development of the sending lands. The lands to which 11
the development rights are to be transferred shall be referred to as 12
receiving lands and those lands from which development rights are 13
transferred shall be referred to as sending lands, as provided herein and 14
shall be located within the urban designated areas of the county. 15
16
* * * * * * * * * * * * * 17
18
vii. Procedure for obtaining transfer of residential development rights. 19
Any owner of eligible land may apply for a transfer of development 20
rights either separately or concurrently with rezoning, zoning 21
ordinance amendments, preliminary subdivision plat or 22
development plan. Prior to the approval of any transfer of 23
development rights or the issuance of any building permits in 24
connection with the use of any transfer of development rights, the 25
petitioner shall submit the following information and data, as 26
applicable to the petition, to the development services director for 27
his review and subsequent action by the Board of County 28
Commissioners. 29
30
* * * * * * * * * * * * * 31
# # # # # # # # # # # # # 32
33
E. Historical and Archaeological Sites (H). It is the intent of these regulations to recognize 34
the importance and significance of the County's historical and archaeological heritage. To 35
that end, it is the county's intent to protect, preserve, and perpetuate the County's historic 36
and archaeological sites, districts, structures, buildings, and properties. Further, the BCC, 37
finds that these regulations are necessary to protect the public interest, to halt illicit digging 38
or excavation activities which could result in the destruction of prehistoric and historic 39
archaeological sites, and to regulate the use of land in a manner which affords the 40
maximum protection to historical and archaeological sites, districts, structures, buildings, 41
and properties consistent with individual property rights. It is not the intent of this LDC to 42
deny anyone the use of his property, but rather to regulate the use of such property in a 43
manner which will ensure, to the greatest degree possible, that historic and archaeological 44
sites, districts, structures, buildings, and properties are protected from damage, 45
destruction, relocations, or exportations. 46
47
* * * * * * * * * * * * 48
49
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2. Applicability during development review process; county projects; agriculture; 1
waiver request. 2
3
* * * * * * * * * * * * 4
5
e. Preliminary subdivision plat. Submittal for a preliminary subdivision plat 6
within an area of historical/archaeological probability but not subject to 7
subsections b through c shall include a historical/archaeological survey 8
and assessment prepared by a certified archaeologist. The preservation 9
board shall review the recommendations derived from the survey and 10
assessment and submit their recommendations to the Collier County 11
Board of County Commissioners for consideration for incorporation into 12
the local development order. Reserved. 13
14
f. Final subdivision plat or site development plan (SDP). Submittal for a final 15
subdivision plat, including construction documents or site development 16
plan (SDP) within an area of historical/archaeological probability but not 17
subject to subsections b, c, or e of this section shall include a 18
historical/archaeological survey and assessment prepared by a certified 19
archaeologist. The preservation board shall review the recommendations 20
derived from the survey and assessment which shall be incorporated into 21
the final subdivision plat and construction document or local development 22
order. 23
24
* * * * * * * * * * * * * 25
26
L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). 27
28
5. Development criteria. The following standards shall apply to all uses in this overlay 29
district. 30
31
* * * * * * * * * * * * * 32
33
a. Accessory uses. 34
35
* * * * * * * * * * * * * 36
37
iv. Recreational facilities that serve as an integral part of a 38
residential development and have been designated, 39
reviewed and approved on a site development plan or 40
preliminary subdivision plat for that development. 41
Recreational facilities may include, but are not limited to, 42
golf course, clubhouse, community center building and 43
tennis facilities, playgrounds and playfields. 44
45
* * * * * * * * * * * * * 46
# # # # # # # # # # # # # 47
48
2.03.08 - Rural Fringe Zoning Districts 49
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1
A. Rural Fringe Mixed-Use District (RFMU District). 2
3
* * * * * * * * * * * * * 4
5
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 6
district that have been identified as being most appropriate for development and 7
to which residential development units may be transferred from RFMU sending 8
lands. Based on the evaluation of available data, RFMU receiving lands have a 9
lesser degree of environmental or listed species habitat value than RFMU sending 10
lands and generally have been disturbed through development or previous or 11
existing agricultural operations. Various incentives are employed to direct 12
development into RFMU receiving lands and away from RFMU sending lands, 13
thereby maximizing native vegetation and habitat preservation and restoration. 14
Such incentives include, but are not limited to: the TDR process; clustered 15
development; density bonus incentives; and, provisions for central sewer and 16
water. Within RFMU receiving lands, the following standards shall apply, except 17
as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in 18
an applicable PUD. 19
20
a. Outside rural villages. 21
22
* * * * * * * * * * * * * 23
24
(3) Allowable Uuses. 25
26
* * * * * * * * * * * * * 27
28
(b) Accessory uses . 29
30
* * * * * * * * * * * * * 31
32
iii. Recreational facilities that serve as an integral part 33
of a residential development and have been 34
designated, reviewed, and approved on a site 35
development plan or preliminary subdivision plat for 36
that development. Recreational facilities may 37
include, but are not limited to clubhouse, 38
community center building, tennis facilities, 39
playgrounds and playfields. 40
41
* * * * * * * * * * * * * 42
43
3. Neutral lands. Neutral lands have been identified for limited semi -rural residential 44
development. Available data indicates that neutral lands have a higher ratio of 45
native vegetation, and thus higher habitat values, than lands designated as RFMU 46
receiving lands, but these values do not approach those of RFMU sending lands. 47
Therefore, these lands are appropriate for limited development, if such 48
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development is directed away from existing native vegetation and habitat. Within 1
neutral lands, the following standards shall apply: 2
3
a. Allowable uses. The following uses are permitted as of right: 4
5
* * * * * * * * * * * * * 6
7
(2) Accessory uses. The following uses are permitted as accessory to 8
uses permitted as of right or to approved conditional uses: 9
10
* * * * * * * * * * * * * 11
12
(b) Recreational facilities that serve as an integral part of a 13
residential development and have been designated, 14
reviewed, and approved on a site development plan or 15
preliminary subdivision plat for that development. 16
Recreational facilities may include, but are not limited to 17
clubhouse, community center building, tennis facilities, 18
playgrounds and playfields. 19
20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
23
3.05.07 - Preservation Standards 24
25
All development not specifically exempted by this ordinance shall incorporate, at a minimum, 26
the preservation standards contained within this section. 27
28
H. Preserve standards. 29
30
1. Design standard 31
32
* * * * * * * * * * * * * 33
34
d. Preserve mechanisms. All preserve areas shall be designated as 35
preserves on all site plans. 36
37
On-site County required preserves shall be dedicated to the County as 38
non-exclusive conservation easements without placing on the County 39
the responsibility for maintenance of the preserve area, and the 40
easement conveyance to the County shall include the right of access 41
from existing road right-of-way. The easement shall dedicate the 42
responsibility of maintenance to a property owners association or similar 43
entity, and it shall contain allowable uses and limitations to protect the 44
preserve. All preserve areas shall be shown on the preliminary and final 45
subdivision plats in accordance with section 10.02.04, with language 46
similar to Section 704.06 F.S. 47
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1
No individual residential or commercial lot, parcel lines, or other 2
easements including, but not limited to, utility or access easements that 3
are not compatible with allowable uses in preserve areas, may project 4
into a preserve area. 5
6
State and federal parks and preserves shall not be required to place their 7
preserves in a conservation easement. 8
9
Any conservation easement or other document restricting uses in a 10
preserve area shall contain the following statement (consistent with 11
CCME GMP Policy 1.1.6): 12
13
"Oil extraction and related processing operations are uses which are 14
exempt from the restrictions herein and shall remain allowed uses on the 15
lands described herein." 16
17
* * * * * * * * * * * * * 18
# # # # # # # # # # # # # 19
20
4.03.03 - Subdivision Exemptions 21
22
Before any property or development proposed to be exempted from the terms of this section may 23
be considered for exemption, a written request for exemption shall be submitted to the County 24
Manager or designee. After a determination of completeness, the County Manager or designee 25
shall approve, approve with conditions, or deny the request for exemption based on the terms of 26
the applicable exemptions. Procedures for application, review, and decision regarding 27
exemptions from these subdivision requirements are set forth in the Administrative Code. To the 28
extent approved, the following may be exempted from these subdivision requirements. 29
30
A. Active agricultural uses . Agriculturally related development as identified in the permitted 31
and accessory uses allowed in the rural agricultural district A and located within any area 32
designated as agricultural on the future land use map of the Collier County GMP and the 33
Collier County official zoning atlas, except single-family dwellings and farm labor housing 34
subject to LDC sections 5.05.03 and 2.03.00 shall be exempt from the requirements and 35
procedures for preliminary subdivision plats and construction plans; provided, however, 36
nothing contained herein shall exempt such active agricultural uses from the requirements 37
and procedures for final subdivision plats, and where required subdivision improvements 38
are contemplated, the posting of subdivision performance security. 39
40
B. Cemeteries . The division of land into cemetery lots or parcels shall be exempt from the 41
requirements and procedures for preliminary subdivision plats and improvement plans; 42
provided, however, nothing contained herein shall exempt such division of land into 43
cemetery lots or parcels from the requirements and procedures for final subdivision plats 44
and, where required subdivision improvements are contemplated, the posting of 45
subdivision performance security; and provided, further, that such division of land into 46
cemetery lots or parcels shall be subject to and comply with the requirements and 47
procedures for site development plans as set forth in the Administrative Code and Chapter 48
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10, and shall obtain site development plan approval for the entire property proposed for 1
such division of land into cemetery lots or parcels. 2
3
* * * * * * * * * * * * * 4
5
F. The division of property, occurring prior to July 15, 1998, meeting the definition of rural 6
subdivision shall not require the subdivider to record a final plat nor comply with the 7
subdivision regulations provided in LDC section 4.03.00. Nor shall the division of property 8
occurring after July 15, 1998, in the rural area require the property owner to record a final 9
plat nor comply with the subdivision regulations provided in LDC section 4.03.00, if the 10
property so divided has been the subject of a rezoning hearing by the BCC within the 24 11
month period preceding July 15, 1998. The subdivision of properties occurring after July 12
15, 1998 shall not be exempt from platting and filing a preliminary subdivision plat (PSP) 13
construction plans and final subdivision plat (PPL). However, the applicability of all 14
required subdivision improvements and standards as set forth in section LDC 4.03.00, 15
required improvements, of this LDC shall be determined by the County Manager or 16
designee on a case by case basis. The applicant, through the preliminary subdivision plat 17
(PSP) conceptual plat with deviations (CPD) process may request waivers from certain 18
"required improvements". The subdivider and purchaser of property meeting definition (a) 19
of rural subdivision shall comply with section 4.03.03 of this LDC. The division of property 20
not meeting the definition of rural subdivision is required to comply with all requirements 21
of section 4.03.00. 22
23
G. Rural area subdivision requirements . 24
25
1. Deeds and other conveyances. All deeds and other conveyances for properties 26
shall include in ten-point type the following statement: "NO GOVERNMENTAL 27
AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE 28
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE 29
DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS -OF-WAY PROVIDING 30
INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." 31
32
2. Building permits for rural subdivisions. Building permits will not be issued until the 33
final subdivision plat is recorded except when issued pursuant to F.S. 177.073 . 34
35
* * * * * * * * * * * * * 36
# # # # # # # # # # # # # 37
38
4.06.02 – Buffer Requirements 39
40
B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) 41
undeveloped, (2) undeveloped but permitted without the required buffering and screening 42
required pursuant to this Code, or (3) developed without the buffering and screening 43
required pursuant to this Code, the proposed use shall be required to install the more 44
opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use 45
has provided the more opaque buffer as provided for in table 2.4, the proposed use shall 46
install a type A buffer. 47
48
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Where the incorporation of existing native vegetation in landscape buffers is determined 1
as being equivalent to or in excess of the intent of this Code, the planning services director 2
may waive the planting requirements of this section. 3
4
Buffering and landscaping between similar residential land uses may be incorporated into 5
the yards of individual lots or tracts without the mandatory creation of separate tracts. 6
If buffering and landscaping is to be located on a lot, it shall be shown as an easement for 7
buffering and landscaping. 8
9
The buffering and screening provisions of this Code shall be applicable at the time of 10
planned unit development (PUD), prelim inary subdivision plat (CPDPSP) or site 11
development plan (SDP) review, with the installation of the buffering and screening 12
required pursuant to LDC section 4.06.05 H. If the applicant chooses to forego the optional 13
CPDPSP process, then signed Signed and sealed landscape plans will be required on the 14
final subdivision plat. Where a more intensive land use is developed contiguous to a 15
property within a similar zoning district, the planning services director may 16
require buffering and screening the same as for the higher intensity uses between those 17
uses. 18
19
Landscape buffering and screening standards within any planned unit development shall 20
conform to the minimum buffering and screening standards of the zoning district to which 21
it most closely resembles. The planning services director may approve alternative 22
landscape buffering and screening standards when such alternative standards have been 23
determined by use of professional acceptable standards to be equivalent to or in excess 24
of the intent of this Code. 25
26
* * * * * * * * * * * * * 27
# # # # # # # # # # # # # 28
29
5.04.04 - Model Homes and Model Sales Centers 30
31
* * * * * * * * * * * * * 32
33
B. Model homes and model sales centers located within residential zoning districts, a 34
residential component of a PUD, the estates (E) zoning district, or the agricultural (A) 35
zoning district, shall be restricted to the promotion of a product or products permitted within 36
the zoning district in which the model home or model sales center is located and further 37
subject to the following: 38
39
* * * * * * * * * * * * * 40
41
5. Temporary use permits for model homes or model sales centers to be located 42
within a proposed single-family development prior to final plat approval may be 43
requested by the applicant and require: 44
45
* * * * * * * * * * * * * 46
47
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f. The boundaries depicted on the preliminary subdivision plat shall be 1
depicted on the SDP in order to ensure compliance with the applicable 2
development standards in effect on the subject property. 3
4
g. Final lot grading and drainage conveyance shall be in conformance with 5
the master grading plan for the project as depicted on the preliminary 6
subdivision plat submittal documents. 7
8
* * * * * * * * * * * * * 9
# # # # # # # # # # # # # 10
11
6.01.02 – Easements 12
13
If applicable, easements shall be provided along lot lines or along the alignment of the 14
improvements requiring easements in accordance with all design requirements so as to provide 15
for proper access to, and construction and maintenance of, the improvements. All such 16
easements shall be properly identified on the preliminary subdivision plat and dedicated on the 17
final subdivision plat. 18
19
* * * * * * * * * * * * * 20
21
C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of 22
Collier County, without any maintenance obligation, shall be provided for all 23
"protected/preserve" areas required to be designated on the preliminary and final 24
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit 25
the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting 26
a protected/preserve area required to be designated on the preliminary and final 27
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit 28
the optional preliminary subdivision plat, shall have a minimum setback as required by the 29
LDC, or other setback that may be approved as a deviation through the PUD approval 30
process by the Board of County Commissioners from the boundary of such 31
protected/preserve area in which no principle structure may be constructed. The required 32
preserve principal structure setback line and the accessory structure setback lines shall 33
be clearly indicated and labeled on the final plat where applicable. Further, the preliminary 34
and final subdivision plats, or only on the final subdivision plat if the applicant chooses not 35
to submit the optional preliminary subdivision plat, shall require that no alteration, including 36
accessory structures, fill placement, grading, plant alteration or removal, or similar activity 37
shall be permitted within such setback area without the prior written consent of the County 38
Manager or designee; provided, in no event shall these activities be permitted in such 39
setback area within ten feet of the protected/preserve area boundary. Additional 40
regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, 41
and shall be applicable for all preserves, regardless if they are platted or simply identified 42
by a recorded conservation easement. The boundaries of all required easements shall be 43
dimensioned on the final subdivision plat. Required protected/preserve areas shall be 44
identified as separate tracts or easements having access to them from a platted right -of -45
way. No individual residential or commercial lot or parcel lines may project into them when 46
platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, 47
verification must be provided which documents the approval of the boundary limits from 48
the appropriate local, state or federal agencies having jurisdiction and when applicable 49
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pursuant to the requirements and provisions of the growth management plan. All required 1
easements or tracts for protected/preserve areas shall be dedicated and also establish 2
the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier 3
County without the responsibility for maintenance and/or to a property owners' association 4
or similar entity with maintenance responsibilities. An applicant who wishes to set aside, 5
dedicate or grant additional protected preserve areas not otherwise required to be 6
designated on the preliminary and final subdivision plats, or only on the final subdivision 7
plat if the applicant chooses not to submit the optional preliminary subdivision plat, may 8
do so by grant or dedication without being bound by the provisions of this section. 9
10
# # # # # # # # # # # # # 11
12
6.05.01 - Water Management Requirements 13
14
A complete stormwater management system shall be provided for all areas within the subdivision 15
or development, including lots, streets, and alleys. 16
17
A. The system design shall meet the applicable provisions of the current County codes and 18
ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida 19
Administrative Code, and any other affected state and federal agencies' rules and 20
regulations in effect at the time of preliminary subdivision plat submission. Water 21
management areas will be required to be maintained in perpetuity according to the 22
approved plans. Water management areas not maintained will be corrected according to 23
approved plans within 30 days. 24
25
* * * * * * * * * * * * * 26
# # # # # # # # # # # # # 27
28
6.06.01 - Street System Requirements 29
30
* * * * * * * * * * * * * 31
32
B. The street layout of all subdivisions or developments shall be coordinated with the street 33
systems of the surrounding areas, adjacent properties shall be provided with local street 34
interconnections unless topography, other natural features, or other 35
ordinances/regulations do not allow or require said connections. All arterial or collector 36
streets shall be planned to conform to the GMP. collector and arterial streets within a 37
development shall not have individual residential driveway connections. Their location and 38
right-of -way cross-section must be reviewed and approved by the County Manager or 39
designee during the preliminary subdivision plat review process. All subdivisions shall 40
provide rights-of -way in conformance with the GMP and the right-of -way cross-section 41
contained in Appendix B. All streets shall be designed and constructed to provide for 42
optimum vehicular and pedestrian safety, long service life, and low cost of maintenance. 43
44
* * * * * * * * * * * * * 45
46
P. Street names. 47
48
* * * * * * * * * * * * * 49
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1
3. All street names shall be subject to approval by the County Manager or designee 2
during the preliminary subdivision plat approval process. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
10.02.01 - Pre-Application Conference Required 8
9
A. Subdivision review procedures. 10
11
1. Preapplication conference. Prior to formal filing of a preliminary subdivision plat, 12
an applicant shall confer with the County Manager or his designee to obtain 13
information and guidance. The purpose of such a conference is to permit the 14
applicant and the County Manager or his designee to review informally a proposed 15
development and determine the most efficient method of development review 16
before substantial commitments of time and money are made in the preparation 17
and submission of the preliminary subdivision plat, improvement plans, final 18
subdivision plat, and related documents. 19
20
a. Preapplication. A written preapplication shall be submitted to the County 21
Manager or his designee at any time prior to the review of a proposed 22
preliminary or final subdivision plat. The written application shall contain 23
the following: 24
25
* * * * * * * * * * * * * 26
27
i. Written statement. Ten copies, unless otherwise specified by the 28
County Manager or his designee, of a written statement generally 29
describing the condition of the property and the proposed 30
development of the entire subdivision. This statement shall include 31
but is not necessarily limited to data on existing covenants or 32
restrictions, location of utility facilities and public facilities, general 33
soil characteristics, and other information describing the subdivision 34
proposed, such as number of parcels, lots, or tracts; typical lot or 35
other parcel configuration; water retention areas; public areas; 36
anticipated utility sources; zoning classifications; and any other 37
information needed for preparation and review of the preliminary 38
subdivision plat. 39
40
* * * * * * * * * * * * * 41
42
b. Issues of discussion. Issues that shall be discussed at the preapplication 43
conference shall include but are not limited to the following: 44
45
* * * * * * * * * * * * * 46
47
iv. Application contents . In conformance with the requirements of this 48
section, the County Manager or his designee shall establish the 49
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contents of the preliminary or final subdivision plat required to be 1
submitted for the proposed development. This shall include 2
descriptions of the types of reports and drawings required, the 3
general form which the preliminary or final subdivision plat shall 4
take, and the information which shall be contained within the 5
preliminary or final subdivision plat and supporting documentation. 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
10.02.04 - Requirements for Preliminary and Final Subdivision Plats 11
12
This section shall be read in conjunction with subdivision design standards, in particular, LDC 13
Chapters 3, 4, and 6. 14
15
A. Requirements for Preliminary Subdivision Plats (PSP) Conceptual Plat with Deviations 16
(CPD). A preliminary subdivision conceptual plat with deviations provides an overall 17
scheme of development for a subdivision. It may be used when only one phase of a multi -18
phased development is to be constructed. Except for an integrated phased development, 19
a preliminary subdivision conceptual plat with deviations is optional while a final 20
subdivision plat is mandatory . 21
22
1. Generally. 23
24
a. Approved zoning. No preliminary subdivision conceptual plat with 25
deviations shall be approved prior to final approval of the zoning or planned 26
unit development for the proposed subdivision. However, the zoning 27
application and the preliminary subdivision conceptual plat with deviations 28
may be processed concurrently by the County Manager or designee at the 29
request of the applicant. 30
31
b. No development shall be allowed prior to approval of the construction plans 32
and final subdivision plat, except for the early work authorization (EWA) 33
permit and early construction authorization (ECA) permit pursuant to 34
pursuant to LDC section 10.02.00. 35
36
c. Integrated phased developments. A preliminary subdivision conceptual plat 37
with deviations application shall be submitted in accordance with this 38
section for any integrated phased development. 39
40
2. Application for preliminary subdivision conceptual plats with deviations. 41
42
a. The Administrative Code shall establish the process and submittal 43
requirements for a preliminary subdivision conceptual plat with deviations. 44
45
b. A preliminary subdivision conceptual plat with deviations shall include the 46
entire property to be subdivided and recorded. 47
48
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c. The preliminary subdivision conceptual plat with deviations shall be 1
prepared by the applicant's professional engineer and professional 2
surveyor and mapper. 3
4
d. The boundary survey for the preliminary subdivision conceptual plat with 5
deviations shall be signed and sealed by a professional surveyor and 6
mapper registered in the State of Florida. 7
8
3. Review by County Manager or designee. County Manager or designee shall 9
approve, approve with conditions, or deny the preliminary subdivision conceptual 10
plat with deviations utilizing the standards established in LDC chapters 3, 4, 6, and 11
other provisions of the LDC. The decision to approve with conditions, or deny the 12
preliminary subdivision conceptual plat with deviations may be appealed to the 13
Board of County Commissioners pursuant to Code of Laws and Ordinances 14
section 250-58. If the County Manager or designee should deny the preliminary 15
subdivision conceptual plat with deviations, he it shall be stated in writing the 16
reasons for such denial, including and shall cite the applicable code or regulatory 17
basis for the conditions or denial. 18
19
4. Amendments. Any amendment to the approved preliminary subdivision conceptual 20
plat with deviations submitted by the applicant shall be reviewed according to the 21
standards established in LDC chapters 3, 4, 6, and other provisions of the LDC. 22
The County Manager or designee shall have the authority to approve amendments 23
to the approved preliminary subdivision conceptual plat with deviations provided 24
those amendments are based on generally accepted, sound, professional 25
engineering principles and practices in the state. Amendments shall be made prior 26
to the processing of the construction plans and final subdivision plat. Requests for 27
amendments shall be in writing in the form of an amended preliminary subdivision 28
conceptual plat with deviations and shall provide clear and convincing 29
documentation and citations to professional engineering studies, reports or other 30
generally accepted professional engineering services in the state to substantiate 31
the amendment requested. 32
33
5. Conditions. The County Manager or designee has the authority to approve 34
requests for substitutions to the design standards contained in the LDC provided 35
those requests are based on generally accepted, sound and safe, professional 36
engineering principles and practices. Requests for substitutions shall be made in 37
writing and shall provide clear and convincing documentation and citations to 38
professional engineering studies, reports or other generally accepted professional 39
engineering sources to substantiate the substitution requested. 40
41
6. Timing of development. Within 2 years after the date of written approval or 42
approval with conditions of the preliminary subdivision conceptual plat with 43
deviations, the applicant shall prepare and submit to the County Manager or 44
designee the construction plans and final subdivision plat for at least the first phase 45
of the proposed subdivision. Each subsequent phase of the preliminary subdivision 46
conceptual plat with deviations shall be submitted within 2 years after the date of 47
written approval of the immediately preceding phase of the proposed subdivision. 48
49
16.A.12.b
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a. Extensions. Two, 2-year extensions to submit the construction plans and 1
final subdivision plat shall be granted for good cause shown upon written 2
application submitted to the County Manager or designee prior to expiration 3
of the preceding approval. When granting an extension the County 4
Manager or designee shall require the preliminary subdivision conceptual 5
plat with deviations be modified to bring the project into compliance with 6
the LDC at the time of the extension request. 7
8
7. No vested rights. It is hereby expressly declared that the intent of this section is to 9
create no vested rights in the applicant or owner of property which obtains approval 10
of a preliminary subdivision conceptual plat with deviations, and the County shall 11
not be estopped to subsequently deny approval of the construction plans and final 12
subdivision plat based on changes in federal, state, or local laws or regulations, or 13
upon any other facts or circumstances subsequently arising or considered which 14
would adversely affect the feasibility or desirability of the preliminary subdivision 15
conceptual plat with deviations, nor shall the County be estopped to deny any 16
rezoning in which a preliminary subdivision conceptual plat with deviations is 17
submitted in support of such rezoning. 18
19
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final 20
subdivision plats are commonly referred to as "plans and plat." 21
22
1. Generally. Final subdivision plat approval by the Board of County Commissioners 23
is required before a final subdivision plat can be recorded. 24
25
a. No final subdivision plat shall be approved by the Board until the 26
construction plans have been reviewed and accepted by the County 27
Manager or designee, except for a minor final subdivision plat pursuant to 28
LDC section 10.02.04 D. 29
30
b. The review and approval of construction plans does not authorize the 31
construction of required improvements which are inconsistent with existing 32
easement(s) of record. 33
34
c. The required improvements shall be completed prior to recordation of the 35
final subdivision plat unless the applicant files a subdivision performance 36
security as identified in LDC section 10.02.04 F with the County. 37
38
d. Where approval of construction plans and final subdivision plats will lead 39
to the level of service for any public facility being reduced below the level 40
established by the growth management plan for Collier County, the County 41
shall deny approval to proceed with development until the requirements of 42
LDC section 10.02.07 have been met. 43
44
2. Application for Construction Plans and Final Subdivision Plats. 45
46
a. The Administrative Code shall establish the process and the submittal 47
requirements for construction plans and final subdivision plats. For projects 48
incorporating townhouse development on fee simple lots, additional 49
16.A.12.b
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submittal requirements are required and identified in the Administrative 1
Code. All requirements established in this section shall also apply to 2
townhouse development on fee simple lots. 3
4
b. Construction plans for all of the improvements required by this section shall 5
be signed and sealed by the applicant's professional engineer, licensed to 6
practice in the State of Florida. 7
8
c. Final subdivision plats shall be signed and sealed by a professional 9
surveyor and mapper registered in the State of Florida. The final 10
subdivision plat shall be prepared in accordance with the provisions of F.S. 11
ch. 177, as may be amended, and shall be clearly and legibly drawn with 12
black permanent drawing ink or a photographic silver emulsion mylar to a 13
scale of not smaller than 1 inch equals 100 feet. 14
15
d. The final subdivision plat shall conform to the approved preliminary 16
subdivision conceptual plat with deviations and shall constitute only that 17
portion of the approved preliminary subdivision conceptual plat with 18
deviations which the applicant proposes to construct. 19
20
e. Improvements for construction plans and final subdivision plats are 21
identified in the LDC section 10.02.04 C, and are required in conjunction 22
with the subdivision and development of any and all property pursuant to 23
LDC section 10.02.03 within the unincorporated areas of the County. All 24
required improvements shall be designed and constructed in accordance 25
with the design requirements and specifications of the entity having 26
responsibility for approval, including all federal, state, and local agencies. 27
Construction plans for final subdivision plats shall include at a minimum: 28
29
i. Streets, sidewalks, paving, grading, and stormwater management 30
(drainage); 31
32
ii. Bridges and culverts; 33
34
iii. Water and sewerage systems, including, where applicable, water 35
reuse/irrigation pumping, storage and transmission/distribution 36
systems; 37
38
iv. Street lighting. Plans for streetlights shall bear the approval of the 39
utility authorities involved. If the street lighting system is to be 40
privately owned and maintained by a property owners' association 41
or similar entity, it shall be designed by the applicant's engineer; 42
43
v. Landscaping within public rights-of -way, parks, recreational areas; 44
and 45
46
vi. Parking areas. 47
48
3. County Manager review of construction plans and final subdivision plats. 49
16.A.12.b
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1
a. The County Manager or designee shall review and evaluate the 2
construction plans and final subdivision plat in conformance with 3
the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. 4
ch. 177. The County Manager or designee shall review and 5
evaluate the construction plans and final subdivision plat in light of 6
the requirements established in the LDC and Administrative Code. 7
Based on the review and evaluation, the County Manager or 8
designee shall approve, approve with conditions, or deny the 9
construction plans and final subdivision plat. If the construction 10
plans and final subdivision plat is denied, then the final subdivision 11
plat shall not be submitted to the Board until the construction plans 12
and final subdivision plat have been approved or approved with 13
conditions by the County Manager or designee. The approval of the 14
County Manager or designee is subject to Board approval, noted 15
below. 16
17
b. If the constructions plans and final subdivision plat are approved or 18
approved with conditions by the County Manager or designee, the 19
County Manager or designee shall recommend that the Board 20
approve, approve with conditions, or deny the final subdivision plat. 21
If the County Manager or designee denies or places conditions on 22
the construction plans or recommends denial or conditions on the 23
final subdivision plat, he shall state reasons and cite the applicable 24
code or regulatory basis for the decision. 25
26
c. Once the construction plans and final subdivision plats are 27
submitted by the applicant for review by the County Manager or 28
designee, they will remain under review so long as a resubmittal in 29
response to a county reviewer's comments is received within 270 30
days of the date on which the comments were sent to the applicant. 31
If a response is not received within this time, the application for 32
construction plans and final subdivision plat review will be 33
considered withdrawn and cancelled. Further review of the project 34
will require a new application and the appropriate fees paid by the 35
applicant. 36
37
d. Digital submission. After the final subdivision plat has been 38
approved by the County Manager or designee for compliance with 39
the LDC, as provided in this section, the applicant shall resubmit 5 40
certified sets of the approved construction plans along with 41
approved copies of all required county permits. The applicant's 42
professional engineer shall also submit a set of digitally created 43
construction/site plan documents, 1 disk (CDROM) of the master 44
plan file, including, where applicable, easements, water/wastewater 45
facilities, and stormwater drainage system. The digital data to be 46
submitted shall follow these formatting guidelines: All data shall be 47
delivered in the state plane coordinate system, with a Florida East 48
Projection, and a North American Datum 1983/1990 (NAD83/90 49
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datum), with United States Survey Feet (USFEET) units; as 1
established by a Florida registered professional surveyor and 2
mapper. All information shall have a maximum dimensional error of 3
+0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange 4
File (DXF) format; information layers shall have common naming 5
conventions (i.e. right-of -way —ROW, centerlines—CL, edge-of -6
pavement—EOP, etc.). For a plan to be deemed complete, the 7
layering scheme must be readily understood by county staff. All 8
property information (parcels, lots, and requisite annotation) shall 9
be drawn on a unique information layer, with all linework pertaining 10
to the property feature located on that layer. Example: parcels—All 11
lines that form the parcel boundary will be located on 1 parcel layer. 12
Annotations pertaining to property information shall be on a unique 13
layer. Example: lot dimensions—Lottxt layer. 14
15
4. Board approval of the final subdivision plat. 16
17
a. Following approval or approval with conditions by the County 18
Manager or designee, the County Manager or designee shall place 19
the final subdivision plat on the consent agenda for its next available 20
regularly scheduled Board hearing. The Board shall consider 21
approval of the final subdivision plat together with the approval of 22
standard form, Construction Maintenance Agreement, and approval 23
of the amount of performance security for the required 24
improvements based on the estimate of probable cost. 25
26
b. If all members of the Board consent to the recommendation of the 27
County Manager or designee, then the recommendation of the 28
County Manager or designee on the final subdivision plat shall 29
remain on the consent agenda and the final subdivision plat shall 30
be approved. If any member of the Board objects to the 31
recommendation of the County Manager or designee or otherwise 32
requests discussion on the recommendation, then the 33
recommendation shall be taken off the consent agenda and may be 34
discussed or scheduled for a subsequent hearing date. After due 35
notice of the hearing to the applicant, the Board shall hold a hearing 36
on the final subdivision plat. At the hearing, the Board shall consider 37
the County Manager or designee's recommendation and shall take 38
evidence and testimony in regard to the final subdivision plat 39
requirements identified in LDC sections 10.02.04 B and 10.02.04 C, 40
and other provisions of the LDC. The Board shall approve, approve 41
with conditions, or deny the final subdivision plat. If the Board of 42
denies or places conditions on the final subdivision plat, it shall state 43
reasons for such denial or conditions. 44
45
c. Approval of the final subdivision plat shall not constitute acceptance 46
of public dedicated facilities. Acceptance of any such dedicated 47
public facilities and responsibility for their maintenance shall be by 48
16.A.12.b
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separate resolution of the Board of County Commissioners. See 1
LDC section 10.02.05 C.3. 2
3
d. After Board approval of the preliminary and final subdivision plat, 4
building permits may be issued for a percentage of planned homes 5
in accordance with the Florida Building Code and pursuant to F.S. 6
177.073. Subdivision performance security shall be in accordance 7
with LDC section 10.02.04 F.2.b.i., LDC section 10.02.04 F.3.e., or 8
when utilizing F.S. 177.073. 9
10
5. Insubstantial changes and amendments to construction plans and final 11
subdivision plats. 12
13
a. Insubstantial Changes to Construction Plans (ICP). Following 14
approval by the County Manager or designee of the construction 15
plans, the applicant may request insubstantial changes to the 16
construction plans. 17
18
i. Application. The Administrative Code shall establish the 19
process and the submittal requirements for an insubstantial 20
change to the construction plans. Construction plans shall 21
be prepared pursuant to LDC section 10.02.04 B. 22
23
b. Following approval by the Board of the final subdivision plat, but 24
prior to recordation, the County Manager or designee may approve 25
minor insubstantial changes to the final subdivision plat. 26
Insubstantial changes are insignificant to the project, such as a 27
correction or change on the cover sheet. 28
29
c. Following approval by the Board of the final subdivision plat, but 30
prior to recordation, the Board may approve amendments to the 31
final subdivision plat. This is commonly referred to as a "PPLA”. 32
33
i. .Application. The Administrative Code shall establish the 34
process and the submittal requirements for the final 35
subdivision plat amendment. The final subdivision plat shall 36
be prepared pursuant to LDC section 10.02.04 B. 37
38
6. Relationship of Final Subdivision Plats to Site Development Plans. No site 39
development plan may be accepted for concurrent review with a 40
preliminary subdivision conceptual plat with deviations. Once the 41
preliminary subdivision conceptual plat with deviations has been approved, 42
site development plans may be submitted for review concurrent with the 43
submittal of the final subdivision plat. No site development plan may be 44
approved until the final subdivision plat receives administrative approval, 45
and no building permits may be issued until the final subdivision plat is 46
recorded, unless otherwise provided for in the LDC . 47
48
7. Timing of recording and development. 49
16.A.12.b
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1
a. Recording. Within 18 months of the date of approval of the final 2
subdivision plat by the Board, the applicant shall submit the final 3
subdivision plat to the County Manager or designee for recording. 4
5
b. Required improvements to be completed. The improvements 6
required for the final subdivision plat shall be completed within 18 7
months from the date of approval by the Board unless a written 8
extension request is approved by the County Manager or designee. 9
10
c. Integrated phased development. Each subsequent phase of the 11
project shall be submitted within 2 years following the date of written 12
approval of the most recently approved final subdivision plat in 13
accordance with LDC section 10.02.04 A.6. 14
15
* * * * * * * * * * * * * 16
17
D. General Requirements for a Minor Final Subdivision Plat (FP). 18
19
1. Generally. Minor final subdivision plat approval may be requested as an alternative 20
to construction plans and final subdivision plat if the following criteria are met: 21
22
a. No preliminary subdivision plat is submitted or approved. 23
24
b. Required improvements are not required for the subdivision. 25
26
c. No security performance bond is required for the subdivision. 27
28
d. No phasing is required or proposed for the subdivision. 29
30
* * * * * * * * * * * * * 31
32
F. Recordation of the Final Subdivision Plat. 33
34
1. Generally. No building permits for habitable structures shall be issued prior to 35
approval by the Board of County Commissioners and recordation of the final 36
subdivision plat, except as provided in LDC sections 5.04.04 and, LDC section 37
10.02.04 B.6., and LDC section 10.02.04 B.4.d., as applicable. 38
39
2. Posting of subdivision performance security at the time of recording or when 40
utilizing F.S. 177.073. 41
42
a. The final subdivision plat shall not be recorded until a subdivision 43
performance security for the construction of the required improvements, 44
both on-site and off -site, has been posted by the applicant and approved 45
and accepted by the Board or the County Manager or designee on behalf 46
of the Board. 47
48
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b. The applicant's professional engineer shall prepare an opinion of the 1
probable construction cost or the actual contractor's bid price, which 2
includes the cost of all required improvements, to determine the amount of 3
the subdivision performance security. 4
5
i. If no construction of the required improvements has begun at the 6
time of posting of the subdivision performance security, the security 7
shall be an amount equal to 110 percent of the sum of construction 8
costs for all on-site and off -site required improvements based on 9
the applicant's professional engineer's opinion of the probable 10
construction costs or contract bid price. 11
12
ii. If construction of the required improvements has begun at the time 13
of posting the subdivision performance security, the security shall 14
be in an amount equal to 10 percent of the applicant's professional 15
engineer's opinion of the probable construction cost or contract bid 16
price, plus 100 percent of the required improvements to be 17
completed, such as the final lift of asphalt and uncompleted 18
sidewalks. 19
20
iii. If construction of all required improvements has been completed 21
and accepted by the Board at the time of recording, only a 22
performance maintenance guarantee at an amount equal to 10 23
percent of the applicant's professional engineer's opinion of the 24
probable construction cost or contract bid price shall be provided. 25
26
iv. No subdivision performance security shall be required where 27
improvements are to be constructed by a general-purpose 28
government such as a county or municipality, a local school district, 29
or state agency. A subdivision performance security shall be 30
required of an independent special-purpose government such as a 31
community development district (CDD). 32
33
c. The subdivision performance security shall be prepared pursuant to 34
Appendix A of the LDC and shall be one of the following forms: 35
36
i. Construction, maintenance, and escrow agreement, or 37
38
ii. Construction Maintenance Agreement and one of the following: 39
40
(a) Cash deposit agreement with the County, or 41
42
(b) Irrevocable standby letter of credit, or 43
44
(c) Surety bond. 45
46
d. Once the form of a subdivision performance security has been approved 47
and accepted by the Board, alternate securities, in a format approved by 48
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the County Attorney, may be approved by the County Manager or 1
designee, on behalf of the Board. 2
3
3. Recordation Procedure. After approval of the final subdivision plat by the Board, 4
but prior to the recording of the final subdivision plat with the clerk of the circuit 5
court, the following shall occur: 6
7
a. The applicant shall obtain all of the signatures on the original plat cover 8
sheet(s) that are associated with the applicant's obligations and shall 9
submit the original final subdivision plat, and any separate consents, or 10
opinions or certifications of title, to the County Manager or designee. 11
12
b. The applicant shall provide 3 copies and 1 mylar of the recorded final 13
subdivision plat and accompanying documents to the County Manager or 14
designee. 15
16
c. Simultaneously with the submission of the executed final subdivision plat 17
to the County Manager or designee, the applicant shall also submit in 18
accordance with F.S. ch. 177, at no expense to the County, either a title 19
opinion from an attorney licensed to practice in the State of Florida or 20
certification from a title company. The effective date of the title opinion or 21
certification must be no more than 30 days prior to the submission of the 22
final subdivision plat to the County Manager or designee and must contain 23
all of the following: 24
25
i. A legal description of at least the lands being platted; 26
27
ii. A statement that the attorney is licensed to practice in the State of 28
Florida and that the attorney has examined title to the subject real 29
property, if a title opinion is being provided; 30
31
iii. Identification of the exact name of any person who is the record 32
owner of the subject real property and a specific citation to the 33
official records book and page, where each record legal owner 34
obtained title to the subject real property. The title information shall 35
include a copy of said instrument(s) of conveyance; and 36
37
iv. Identification of liens, encumbrances, easements, or matters shown 38
or that should be shown as exclusions to coverage on a title 39
insurance policy. As may be applicable, the title information shall 40
include in a neatly bound fashion and make citation to the recording 41
information of all referenced liens, encumbrances, easements, or 42
exclusions. The title information shall include a copy of any such 43
instruments. 44
45
d. Payment of recording and copy fees. Upon compliance with this section 46
and payment of fees by the applicant, the County Manager or designee 47
shall record the final subdivision plat with the clerk of the circuit court in the 48
official records of Collier County, Florida. 49
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1
e. Construction and Maintenance Agreement. The applicant shall enter into a 2
construction and maintenance agreement with the County, in a form 3
acceptable to the County Attorney, which establishes the terms and 4
conditions for the construction and maintenance of the improvements 5
required during the 18-month construction period or a time frame 6
established in an approved extension request by the County Manager or 7
designee. This agreement shall be submitted with the final subdivision plat 8
for review and approval and shall be executed by all parties at the time of 9
recording of the final subdivision plat Board approval, if building permits are 10
issued when utilizing F.S. 177.073 or at the time of recording the final plat. 11
12
f. Recording of other documents. If any dedications, grants, conveyances, 13
easements, consents (including mortgagee consents), reservations, 14
covenants, or other like instruments are to be recorded by separate 15
instrument simultaneously with the final subdivision plat, appropriate fees 16
and original documentation must be provided by the applicant to the County 17
Manager or designee for processing and recording by the clerk of court. All 18
documents shall be submitted prior to or at the time of recording of the final 19
subdivision plat. 20
21
g. Supporting "gap" title information. Within 60 days of recordation of the final 22
subdivision plat in the official records of Collier County, Florida, the 23
applicant, at no expense to the County, shall submit to the County Manager 24
or designee final supporting "gap" title information. The final supporting title 25
information must meet all of the requirements of 10.02.04 F.3.c, except as 26
to the effective date. Receipt and approval of the "gap" title information is 27
a condition precedent to preliminary acceptance of subdivision 28
improvements by the Board. 29
30
h. The effective date of the supporting "gap" title information must be through 31
the date of recordation of the final subdivision plat and must, at a minimum, 32
cover the "gap" between the time the effective date of the information 33
required by 10.02.04 F.3.c above, when submitted and the date of 34
recording of the final subdivision plat. The final supporting "gap" title 35
information must include a copy of any required instruments not previously 36
provided in connection with submittals for the recording of the final 37
subdivision plat. 38
39
* * * * * * * * * * * * * 40
# # # # # # # # # # # # # 41
42
10.02.14 - Landscape Plans 43
44
A. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final 45
site development plan, or building permit, an applicant whose development is covered by 46
the requirements of this section must submit a landscape plan to the County Manager or 47
his designee. The landscape plan must bear the seal of a Landscape Architect registered 48
in the State of Florida. The landscaping required for single-family, two family, and mobile 49
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home dwelling units must be shown on the building permit plot plan. This plan is not 1
required to bear the seal of a landscape architect. 2
3
* * * * * * * * * * * * * 4
# # # # # # # # # # # # # 5
6
10.08.0 - CONDITIONAL USE PROCEDURES 7
8
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10
I. Conditional uses for school or religious purposes. A use which has been approved as part 11
of a preliminary subdivision plat or a planned unit development for schools, religious or 12
eleemosynary uses shall be exempt from the provisions of this section. Such uses must 13
comply with the provisions of LDC section 10.02.03, site development plan approval, as 14
applicable, and all other zoning requirements. 15
16
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PL20240008157 DSAC-LDR.docx
Contents
Contents ...................................................................................................................................................1
* * * * * * * * * * * * *
Chapter 5. Subdivision Procedures ...........................................................................................156
A. Lot Split ..............................................................................................................................................................156
B. Lot Line Adjustment .....................................................................................................................................158
C. Preliminary Subdivision Plat (PSP)....................................................................................................….160
C.1. Preliminary Subdivision Conceptual Plat with Deviations – Standard ...............................160
C.2. Preliminary Subdivision Conceptual Plat with Deviations Amendment (PSPA CPDA)164
D. Construction Plans and Final Subdivision Plat (PPL) ....................................................................165
D.1. Construction Plans and Final Subdivision Plat - Standard ......................................................165
D. 2 Construction Plans and Final Subdivision Plat Amendment (PPLA) ..................................177
D.3. Final Subdivision Plat- For Townhouse Fee Simple Development.......................................179
E. Construction Plans (CNSTR)......................................................................................................................182
E.1. Construction Plans - Standard ..............................................................................................................182
E.2. Insubstantial Change to Construction Plans (ICP) .......................................................................184
F. Minor Final Subdivision Plat (FP) ...........................................................................................................187
G. Plat Recording..................................................................................................................................................190
H. Vacation of Subdivision Plats....................................................................................................................193
I. Easement Use Agreement ............................................................................................................................194
* * * * * * * * * * * * *
# # # # # # # # # # # # #
16.A.12.b
Packet Pg. 375 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit A – Administrative Code Amendment
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C. Preliminary Subdivision Conceptual Plat with Deviations (PSP) (CPD)
C.1. Preliminary Subdivision Conceptual Plat with Deviations – Standard
Reference LDC section 10.02.04 A , F.S. 177.073, and other provisions of the LDC.
Applicability The preliminary subdivision plat (PSP) Preliminary Subdivision conceptual plat with
deviations process is required for integrated phased developments but is otherwise an
optional procedure for subdivision development. If an applicant chooses to submit a PSP
CPD, the applicant shall provide all of the submittal requirements.
The PSP CPD application shall be submitted for the entire property to be subdivided.
Pre-application A pre -application meeting is required.
Initiation The applicant files a “Preliminary Subdivision Conceptual Plat with Deviations Petition”
with the Development Review Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist .
3. Property information, including:
a. Legal description;
b. Address of subject site and general location;
c. Metes and bounds description;
d. Section, township and range;
e. Size of plat in acres;
f. Number of lots and minimum lot size;
g. Name of development.;
h. Zoning petition number (Rezone, Conditional Use, and Site Development
Plan), if applicable;
i. Source of utilities.
4. Cover letter explaining the project or proposed changes.
5. PUD Monitoring Schedule, if applicable.
6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1
in. = 200 ft., illustrating existing conditions and any site improvements.
7. Environmental Data Requirements. See LDC section 3.08.00 A.
8. Traffic Impact Study, if applicable. See Chapter 7 B. of the Administrative Code.
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Packet Pg. 376 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit A – Administrative Code Amendment
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9. Original petition number (PUD name and ordinance, rezone, conditional use, site
development plan, etc.), if applicable.
10. Owner/agent affidavit as to the correctness of the application.
11. Historical/Archeological Survey or waiver, if applicable.
12. Conditional Use application, if applicable.
13. If substitutions are requested, pursuant to LDC section 10.02.04 A.5 , justification
based on sound engineering principles and practices shall be provided for each
substitution.
14. Generalized statement of subsurface conditions on the property, location, and results
of tests made to ascertain subsurface soil conditions and groundwater depth.
15. Th e zoning classification of the tract and all contiguous properties.
16. For residential projects subject to the provisions of LDC section 10.04.09 , a completed
School Impact Analysis (SIA) application, location map and review fee.
17. Electronic copies of all documents.
18. Affidavit of Authorization.
Requirements for
Preliminary
Subdivision
Conceptual Plat
with Deviations
Submittal Credentials: The preliminary subdivision conceptual plat with deviations shall be
prepared by the applicant's engineer and professional surveyor and mapper. The
boundary survey shall be signed and sealed by a professional surveyor and mapper
registered in the State of Florida.
Sheet size: The preliminary subdivision conceptual plat with deviations shall be submitted
on standard size 24 -inch by 36 -inch sheets, drawn to scale.
1. A cover sheet, including a location map, showing the location of the tract in
reference to other areas of the county with a north arrow, graphic scale, and date.
2. The name of subdivision or identifying title which shall not duplicate or closely
approximate the name of any other subdivision in the incorporated or
unincorporated area of Collier County.
3. Boundary survey, with bearings and distances as a written description with a
reference to section corners.
4. The location and names of adjacent subdivisions and plat book and page reference,
if any.
5. A land plan with the following information identified:
a. Location, dimensions, and purpose of all existing and proposed streets,
alleys, property lines, easements, and rights-of-way of record;
b. Existing streets and alleys of record adjacent to the tract including name,
right-of-way width, street or pavement width and established centerline
elevation. Existing streets shall be dimensioned to the tract boundary;
c. Location of existing and proposed sidewalks and bike paths;
d. Location of all existing and proposed utilities and related easements;
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Packet Pg. 377 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
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e. Location and purpose of existing drainage district facilities and their right-of-
way requirements;
f. Location of existing and proposed watercourses, drainage ditches, bodies of
water, marshes and wetlands;
g. Location of existing possible archaeological sites and other significant
features;
h. The proposed layout of the lots and blocks;
i. The plan shall indicate whether the streets are to be public or private.
Proposed street names shall be identified on all public and private
thoroughfares;
j. Location of proposed sites for parks, recreational areas, and school sites or
the like, in accordance with any existing ordinances requiring such a
dedication;
k. Location of buffer areas required by LDC section 4.06.01 shall be illustrated
and the dimensions provided, if appropriate at this time; and
l. Typical right-of-way and pavement cross sections shall be graphically
illustrated on the plans and shall include but not be limited to the location of
sidewalks, bike paths, and utilities.
6. Interconnectivity of local streets between developments shall be consistent with LDC
section 6.06.01 B and GMP Objective 9.
7. Access Management Plan. All access provisions to the nearest public street(s) shall
be identified, including all existing and proposed driveways.
8. Water Management Plan. The master water management plan shall outline the
existing and proposed surface watercourses and their principal tributary drainage
facilities needed for proper drainage, water management, and development of the
subdivision. All existing drainage district facilities and their ultimate right-of-way
requirements as they affect the property to be subdivided shall be identified on the
plan. The Engineer’s Report with Assumptions and Explanations signed and sealed
by a Florida registe red professional engineer shall include drainage data, assumed
criteria, and hydraulic calculations, consistent with the criteria and design method
established by the SFWMD in addition to the following information:
a. For all developments, the following Stormwater related information:
i. Completed calculations used to design the facilities, such as: road, water
management systems, and all accessory facilities, public or private;
ii. Drainage calculations, including 10 -year 1 -day; 25-year 3-day; 100 -year
3-day storm routings;
iii. Detailed hydraulic grade line pipe design calculations utilized to design
the stormwater management facilities for the subdivision or
development; and
iv. Status of all other required permits including copies of information and
data submitted to the appropriate permitting agencies.
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Packet Pg. 378 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
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b. If within Collier County Public Utilities Service Area, the Report must also
contain the following:
i. Estimated cost of utilities construction, Water and Sewer calculations;
ii. Sewer Hydraulics;
iii. Lift station hydraulics to first downstream master station;
iv. Lift station buoyancy calculations;
v. Chloramine Dissipation Report; and
vi. Detailed hydraulic design calculations utilized to design water and sewer
facilities regulated by the County.
9. Lot configurations. Typical lot configurations shall be illustrated and the minimum
area of the lots required by the approved zoning classification shall be referenced by
note.
a. For fee-simple residential lots, the illustration shall portray the type of unit
identified by LDC definition and developer's description to be placed on each
lot (i.e., Lots 1-20, single -family attached (patio home), and show a typical
unit on typical interior and corner lots, depicting setbacks (including
preserve setbacks, if applicable) and/or sepa ration of structures. In addition,
for fee simple residential lots the illustration shall portray the location of
typical units on atypical lots, such as c ul-de -sac, hammerhead, and all
irregular lots.
b. For non-residential lots (i.e., multi-family amenity lots or parcels,
commercial/industrial lots), the illustration shall portray setbacks and
building envelope. Setbacks required by the approved zoning classification
shall be provided verbatim on the pla n in matrix form.
c. A table shall be provided showing lot area and lot width for each irregular
lot. Regular corner and interior lots may show only typical width and area.
d. Where there is more than one type of dwelling unit proposed (i.e., single -
family detached, single -family attached, zero lot line), lots must be linked to
the type, or types of unit which they are intended to accommodate.
10. Master utilities. Utilities such as telephone, power, water, sewer, gas, and the like,
on or adjacent to the tract including existing or proposed water and sewage
treatment plants.
a. The plans shall contain a statement that all utility services shall be available
and have been coordinated with all required utilities.
b. Evidence of such utility availability shall be provided in writing from each
utility proposed to service the subdivision.
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application.
Notice No notice is required.
Public Hearing No public hearing is required.
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Packet Pg. 379 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
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Decision Maker The County Manager or designee.
Review Process
The Development Review Division will review the application, identify whether additional
materials are needed and review the application based on the criteria in LDC section
10.02.04 A and other provisions of the LDC and shall approve, approve with conditions, or
deny the preliminary subdivision conceptual plat with deviations.
Updated Resolution 2024 -XX
C2. Preliminary Subdivision Conceptual Plat with Deviations Amendment (PSPA)
(CPDA)
Reference LDC section 10.02.04 A.4 and other provisions of the LDC.
Applicability This process applies to an amendment to an approved preliminary subdivision conceptual
plat with deviations.
Initiation The applicant files an “Amendment to Preliminary Subdivision Conceptual Plat with
Deviations (PSPA ) (CPDA)” application with the Development Review Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Pre -Application A pre -application meeting is not required.
Application
Contents and
Requirements for
Preliminary
Subdivision
Conceptual Plat
with Deviations
Amendments
A preliminary subdivision conceptual plat with deviations amendment application must
include the following, in addition to the Application Contents and Requirements for
Preliminary Subdivision Plan, as applicable.
See Chapter 5 C.1 of the Administrative Code.
Submittal Credentials: The preliminary subdivision conceptual plat with deviations
amendment shall be prepared by the applicant’s engineer and professional surveyor and
mapper. The boundary survey shall be signed and sealed by a professional surveyor and
mapper registered in the State of Florida.
Sheet size: The preliminary subdivision conceptual plat with deviations amendment shall
be submitted on standard size 24 -inch by 36 -inch sheets, drawn to scale.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist .
3. Name of development.
4. Amendment to PSP CPD Number (original PSP CPD number).
5. Cover letter describing the proposed changes.
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application .
16.A.12.b
Packet Pg. 380 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit A – Administrative Code Amendment
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Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section
10.02.04 A.4 and shall approve, approve with conditions, or deny the amendment to the
preliminary subdivision conceptual plat with deviations.
Updated Resolution 2024 -XX
D. Construction Plans and Final Subdivision Plat (PPL)
D.1. Construction Plans and Final Subdivision Plat - Standard
Reference LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC.
Applicability The procedure applies to Construction Plans and Final Subdivision Plats (PPL) which is a
required process prior to development and recording of a subdivision where
improvements are required.
See Chapter 5 F. of the Administrative Code to submit a Minor Final Plat (FP) – when
improvements are not required.
See Chapter 5 E. of the Administrative Code to submit Construction Plans (CNSTR) –
when there are only improvements and no platting or recording is required.
Pre -Application
Meeting
A pre -application meeting is required for a Construction Plans and Final Subdivision Plat
application. The following information is beneficial to bring for discussion at the pre -
application meeting:
Written and mapped information describing:
1. A brief description of the land subject to the application and existing conditions.
2. Existing and proposed zoning classifications.
3. The proposed development – include the property subject to the application and any
future phases.
4. Existing covenants or restrictions.
5. Location of utility facilities, public facilities, and anticipated utility sources.
6. Water retention areas.
7. Public areas.
8. General soil characteristics.
9. Proposed number of parcels, lots, or tracts.
10. Typical lot or other parcel configuration.
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11. Current aerial photograph with a clear film overlay with the proposed subdivision
configuration superimposed on the aerial photograph. A erials and overlay
information must be legible at the scale provided.
12. Any other information needed to prepare and review of the application.
13. A map, at a scale of at least 1 in. =200 ft., identifying the following:
a. Location of the subject property and identification of adjacent lands;
b. Approximate acreage;
c. Date of map;
d. North arrow and scale;
e. 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;
f. Streets and layout of all adjoining streets;
g. General lot and block layout;
h. Zoning classification of the property subject to the application and adjacent
properties;
i. Location of existing improvements; and
j. Any other significant features.
Initiation The applicant files a “Subdivision Construction Plans and Plat Application ” with
Development Review Division.
Pursuant to LDC 10.02.04 B.6 , site development plans may be submitted for review once
the first review comments of the construction plans and final subdivision plat are posted.
No site development plans may be approved until the final subdivision plat is approved by
the County Manage r or designee.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
a. Zoning district;
b. Property identification number ;
c. Project name;
d. Section, township and range;
e. Subdivision, unit, lot and block; and
f. General location and cross streets.
16.A.12.b
Packet Pg. 382 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit A – Administrative Code Amendment
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4. Zoning designation of subject property.
5. PUD Monitoring Schedule and Report, if applicable.
6. Digital file of conditional use or PUD application, if applicable.
7. Cover letter explaining the project.
8. PUD Ordinance and Development Commitment Information , as applicable.
9. Affidavit of Authorization.
10. Opinion of title.
11. Letter of intent as to the timeline for construction and platting.
12. Home Owner Association documents, if applicable.
13. An aerial photograph. All i nformation must be legible at the scale provided.
14. Certificate of Public Facility Adequacy application.
15. Fire Flow test.
16. Zoning Data Sheet, including:
a. Name of Plat (and PUD, if applicable);
b. Development Standards per LDC or PUD;
c. Overall subdivision layout;
d. Table showing lot area and lot width for regular, interior and irregular lots;
e. Density, as allowed by zoning district;
f. For Residential lots:
i. Type of unit identified by LDC definition and description of what is
permitted on each lot;
ii. Drawing of typical unit or typical interior and corner lots, showing
setbacks, including preserve setbacks) and separation from
structures; and
iii. Lot layout and setbacks, particularly for the unique lots.
iv. For projects with a preliminary plat per F.S. 177.073, include the
number and percentages of proposed homes to be permitted prior
to plat recording.
g. For Non-Residential lots:
i. Identification of setbacks and building envelopes.
17. Historical/Archeological Survey or waiver, if applicable.
18. Environmental Data Requirements.See LDC section 3.08.00 A.
19. Traffic Impact Study. See Chapter 7 B. of the Administrative Code.
20. School Impact Analysis, for residential projects only.
21. Information and data relating to previous zoning actions affecting the project site.
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Packet Pg. 383 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
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22. Utility letters of availability and plat easement approval letter for utility easements, if
applicable.
23. The Engineer’s Report with Assumptions and Explanations signed and sealed by a
Florida registered professional engineer shall include the following:
a. For all developments, the following Stormwater related information:
i. Completed calculations used to design the facilities, such as: road, water
management systems, and all accessory facilities, public or private;
ii. Drainage calculations, including 10 -year 1 -day; 25-year 3-day; 100 -year
3-day storm routings;
iii. Detailed hydraulic grade line pipe design calculations utilized to design
the stormwater management facilities for the subdivision or
development; and
iv. Status of all other required permits including copies of information and
data submitted to the appropriate permitting agencies.
b. If within Collier County Public Utilities Service Area, the Report must also
contain the following:
i. Estimated cost of utilities construction, Water and Sewer calculations;
ii. Sewer Hydraulics;
iii. Lift station hydraulics to first downstream master station;
iv. Lift station buoyancy calculations;
v. Chloramine Dissipation Report; and
vi. Detailed hydraulic design calculations utilized to design water and sewer
facilities regulated by the County.
24. Vegetation Removal and Site Filling permit (VRSFP), if requested.
a. Provide separate acreage calculations for each phase of clearing requested;
b. If clearing or filling lots and building sites, with or without stockpiling, a
separate VRSFP application shall be submitted, pursuant to LDC section
4.06.04.A.2; and
c. A site clearing plan. See Requirements for Construction Plans for more
information.
25. Property Ownership Disclosure Form.
26. Permits: All Federal, State and local permits, including but not limited to the
following, shall be submitted prior to construction and before the pre -construction
meeting. If approved by the County Manager or designee, an applicant may submit
Federal, State and local agency permits at the pre -construction meeting.
a. SFWMD Permit, Permit Modification, or waiver, including staff report
exhibits;
b. DEP utility installation permits, water/sewer; and
c. US Army Corps of Engineers permit and exhibit, if applicable.
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Packet Pg. 384 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
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27. Electronic copies of all documents.
28. For projects with a preliminary plat per F.S. 177.073:
a. Provide the number or percentage of proposed homes to be permitted prior
to plat recording;
b. Construction and Maintenance Agreement; and
c. Performance bond in accordance with LDC section 10.02.04 F.3.e.
Requirements for
Construction Plans
Submittal Credentials: The construction plans shall be signed and sealed by the
applicant’s professional engineer licensed to practice in the State of Florida.
Sheet size: The construction plans shall be submitted on standard size 24 -inch by 36 -inch
sheets, drawn to scale.
The following are required to identify and provide on the construction plans:
1. A cover sheet, including a location map, showing the location of the tract in reference
to other areas of the county. The map shall include a north arrow, graphic scale, and
date.
2. Construction plans with specifications detailing/showing:
a. Complete configurations of all required improvements including, but not
limited to, all water, sewer, roads, water management systems, and all
appurtenant facilities, public or private;
b. Complete calculations used to design these facilities shall be included with
the plans; and
c. If the development is phased, each phase boundary shall be clearly
delineated.
3. Soil Erosion and Sediment Control Plan. See Chapter 7 D. of the Administrative
Code.
4. Additional plans included in the construction plans packet:
a. Streetlight plans signed and sealed by a professional engineer licensed to
practice in the State of Florida or the utility provider; and
b. Landscape plans.
See Chapter 4.P of the Administrative Code for Landscape Plan submittals.
5. Preserve Management Plan, including a Native Vegetation Retention/Mitigation Plan,
if requested by applicant .
6. Boundary and topographic survey, less than six months old.
7. Site Clearing Plan, including a vegetation inventory.
Areas where improvements are to be constructed with a maximum limit of 10
feet beyond any approved rights-of-way line or 5 feet beyond any easement line.
8. Design sections, i.e., cross sections of roads, lakes, berms, and lots.
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Packet Pg. 385 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
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9. Construction details showing compliance with applicable federal, state, and local
standards.
10. For required improvements which will be constructed within an existing easement,
the existing easement and facilities and the proposed easement and facilities shall be
illustrated.
The applicant shall provide copies of the plans to the holder of the easement(s)
simultaneously with its submission of the application to the county.
11. Plan and profile sheets, showing roads, water, sewer, conflict crossings, drainage,
utilities, sidewalks, bike paths, and any unique situations.
12. Benchmark, based on NOAA datum NAVD.
13. Locations of test borings of the subsurface condition of the tract to be developed.
14. The construction plans and attachments shall address special conditions pertaining to
the subdivision in note form on the construction plans, including statements
indicating:
a. Compliance with federal, state, and local standards as currently adopted;
b. Source of water and sewer service; and
c. Required installation of subsurface construction such as water lines, sewer
lines, public utilities and storm drainage prior to compaction of subgrade and
roadway construction.
Requirements for
Water
Management for
Construction Plans
Submittal Credentials: The water management plans and specifications in report form
shall be signed and sealed by the applicant’s professional engineer licensed to practice in
the State of Florida The Water Management plans and specifications shall include, but not
be limited to, the following:
1. A topographic map of the land development related to NAVD with sufficient spot
elevations to accurately delineate the site topography, prepared by a professional
surveyor.
2. A drainage map of the entire basins within which the development or subdivision lies.
This map may be combined with the above topographic data in a manner acceptable
to the County Manager or designee. All ridges lying within the basins and the area of
the basins stated in acres, of all the existing and proposed drainage areas shall be
shown and related to corresponding points of flow concentration.
3. Flow paths shall be indicated throughout including final outfalls from the
development and basins, existing water elevations, all connected and isolated
wetlands, recurring high water elevations, proposed design water elevations, and
other related hydrologic data.
4. Drainage data, assumed criteria and hydraulic calculations, consistent with the
criteria and design method established by the SFWMD. This includes routings for the
10-yr, 25-yr and 100 -yr storm events.
5. Pipe sizing calculations for the site.
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Packet Pg. 386 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
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6. Plans showing proposed design features and typical sections of canals, swales and all
other open channels, storm sewers, all drainage structures, roads and curbs, and
other proposed development construction.
7. Plans and profiles of all proposed roads. Where proposed roads intersect existing
roads, elevations and other pertinent details shall be shown for existing roads. Where
additional ditches, canals or other watercourses are required to accommodate
contributory surface waters, sufficient right-of-way shall be provided by the
developer or subdivider to accommodate these and future needs.
8. For projects that require a construction permit to be issued by the SFWMD, work
shall not commence until the applicant has provided the County Manager or
designee a copy of the permit.
9. The master drainage plan shall include the drainage plans and details for all lots. The
master drainage plan shall show proposed finished grade elevations at all lot corners
and breaks in grade . The engineer shall state on the water management calculations
the basis for wet season water table selection.
10. Construction plans for all subdivisions shall include a general note stating that all off-
site drainage improvements associated with the current phase of development,
including perimeter berms, swales, stormwater outfall systems and on-site perimeter
swales shall be completed and operational prior to commencement of construction
of on-site improvement.
a. This requirement shall be established at the mandatory pre -construction
meeting. Failure to comply with completion of the required offsite
improvements will result in a stop work order being issued until such time as
the project is brought into compliance with this requirement; and
b. The Engineer of record prior to final acceptance shall provide
documentation from the stormwater maintenance entity that it has been
provided information on how the stormwater system works and their
responsibility to maintain the system.
Requirements for
Final Subdivision
Plats
Submittal Credentials: The final subdivision plat shall be signed and sealed by a
professional surveyor and mapper registered in the State of Florida.
Sheet size: The final subdivision plat shall be submitted on standard size 24 -inch by 36-
inch sheets of mylar or other approved material in conformance with F.S. Ch. 177, drawn
to scale.
The final subdivision plat shall include at a minimum the following requirements:
1. The final plat shall be prepared in accordance with the provisions of F.S. Chapter 177,
as may be amended.
2. The plat 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.
3. Name of subdivision. The plat shall have a title or name acceptable to the County
Manager or designee. When the plat is a new subdivision, the name of the
subdivision shall not duplicate or be phonetically similar to the name of any existing
subdivision. When the plat is an additional unit or section by the same developer or
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successor in title to a recorded subdivision, it shall carry the same name as the
existing subdivision and as necessary a sequential numeric or alphabetic symbol to
denote and identify the new plat from the original plat. A note shall be added to the
plat cover sheet which identifies the zoning action name and ordinance number
which approved such action.
4. Title. The plat shall have a title printed in bold legible letters on each sheet containing
the name of the subdivision. The subtitle shall include the name of the county and
state; the section, township and range as applicable or if in a land grant, so st ated;
and if the plat is a replat, amendment or addition to an existing subdivision, it shall
include the words "section," "unit," "replat," "amendment," or the like.
5. Description. There shall be lettered or printed upon the plat a full and detailed
description of the land embraced in the plat. The description shall show the section,
township and range in which the lands are situated or if a land grant, so stated, and
shall be so complete that from it without reference to the map the starting point can
be determined and the boundaries identified.
6. Index. The plat shall contain a sheet index on page 1, showing the entire subdivision
on the sheet indexing the area shown on each succeeding sheet and each sheet shall
contain an index delineating that portion of the subdivision shown on that sheet in
relation to the entire subdivision. When more than 1 sheet shall be used to accurately
portray the lands subdivided, each sheet shall show the particular number of that
sheet and the total number of sheets included as well as clearly labeled match lines
to each sheet.
7. Survey data. The final plat shall comply with F.S. Ch. 177, and shall show the length of
all arcs together with central angles, radii, chord bearing, chord length and points of
curvature. Sufficient survey data shall be shown to positively describe the bou ndary
of each lot, block, right-of-way, easement, required conservation or preserve area
and all other like or similar areas shown on the plat or within the boundary of the plat
as shown in the description. The survey data contained on the plat shall al so include:
a. The cover sheet or first page of the plat shall show a location plan, showing
the subdivision's location in reference to other areas of the county;
b. The scale, both stated and graphically illustrated, on each graphic sheet;
c. A north arrow shall be drawn on each sheet that shows the geometric layout
and the configuration of the property to be platted. The north direction shall
be at the top or left margin of the map where practicable;
d. The minimum size for any letter or numeral shall be 1/10 inch;
e. The points of beginning and the commencement shall be boldly shown for
any metes and bounds description;
f. All intersecting street right-of-way lines shall be joined by a curve with a
minimum radius of 25 feet;
g. All adjoining property shall be identified by a subdivision title, plat book and
page or if unplatted, the land shall be so designated;
h. Permanent reference monuments shall be shown in the manner prescribed
by F.S. Ch. 177, as amended, and shall be installed prior to recording of the
final plat;
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i. There shall be reserved a space in the upper right-hand corner of each sheet
for the words "Plat Book ____________" and "Page ____________" with the
minimum letter size of ¼ inch. On the line directly below, a space for "Sheet
____________ of ____________.";
j. The map shall mathematically close and when practical shall be tied to all
section, township and range lines occurring within the subdivision by
distance and bearing where applicable; and
k. All line and curve tables are to be shown on the same sheet as the graphic
drawing they relate to. When possible, dimensions shall be shown directly
on the map.
8. Lot and block identification. Each lot, block, or other like or similar parcel, however
described, shall be numbered or lettered. All lots shall be numbered or lettered by
progressive numbers or letters individually throughout the subdivision or
progressively numbered or lettered in each block, not necessarily starting with the
number "1" or letter "A." Parcels and blocks in each incremental plat shall be
numbered or lettered consecutively throughout a subdivision.
9. Protected/Preserve easements. All parcels which constitute a protected/preserve
area shall be labeled as an easement or tract. All protected/preserve area easements
or tracts shall be dedicated on the final subdivision plat to Collier County without the
responsibility for maintenance and to a property owners' association or similar entity
with maintenance responsibilities.
10. Street names. The plat shall contain the name of each street shown on the plat in
conformance with the design requirements of this section.
11. Utilities. The construction plans for required improvements which will be constructed
within an existing easement must illustrate the existing easement and existing
facilities, and the proposed easement and the proposed facilities.
Copies of the construction plans shall be provided by the applicant to the holder
of the easement(s) simultaneously with its submission to the county.
12. Outparcels. All interior excepted parcels shall be clearly indicated and labeled "Not a
Part of this Plat."
13. Rights-of-way and easements. All right-of-way and easement widths and dimensions
shall be shown on the plat. All lots must have frontage on a public or private right -of-
way in conformance with the LDC. Exceptions to lot frontage requirements are
identified in LDC section 4.03.04 .
14. Restrictions, reservations, and restrictive covenants. Restrictions pertaining to the
type and use of water supply, type and use of sanitary facilities; use, responsibility of
maintenance and benefits of water or water management areas, canals, preserve an d
conservation areas, and other open spaces; odd -shaped and substandard parcels;
restrictions controlling building lines; establishment and maintenance of buffer strips
and walls; and restrictions of similar nature shall require the establishment of
restrictive covenants and the existence of such covenants shall be noted on the plat
by reference to official record book and page numbers in the public records of Collier
County. Documents pertaining to restrictive covenants shall be submitted with the
final plat.
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15. Location. The name of the section, township, range, and if applicable city, town,
village, county and state in which the land being platted is situated shall appear under
the name of the plat on each sheet. If the subdivision platted is a resubdivision of a
part or the whole of a previously recorded subdivision, the fact of its being a
resubdivision shall be stated as a subtitle following the name of the subdivision
wherever it appears on the plat.
16. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True
North," "Grid North" as established by the National Oceanic Society (NOS), "Assumed
North," etc., and must be based on a well -defined line.
17. Existing or recorded streets. The plat shall show the name, location, and width of all
existing or recorded streets intersecting or contiguous to the boundary of the plat,
accurately tied to the boundary of the plat by bearings and distances.
18. Private streets and related facilities. All streets and their related facilities designed to
serve more than 1 property owner shall be dedicated to the public use; however
private streets shall be permitted within property under single ownership or control
of a property Home Owners' Association a condominium or cooperative association
or other like or similar entity. Where priva te streets are permitted, ownership and
maintenance association documents shall be submitted with the final plat and the
dedication contained on the plat shall clearly dedicate the roads and maintenance
responsibility to the association without responsibility to the county or any other
public agency. The rights-of-way and related facilities shall be identified as tracts for
roads and other purposes under specific ownership. All private streets shall be
constructed in the same manner as public streets and the submission of construction
plans with required information shall apply equally to private streets.
19. Preserve Setbacks. The required preserve principal structure setback line and the
accessory structure setback lines shall be clearly indicated and labeled on the final
plat where applicable. The boundaries of all required easements shall be
dimensioned on the final subdivision plat. Required protected/preserve areas shall be
identified as separate tracts or easements having access to them from a platted right-
of-way. No individual residential or commercial lot or parcel lines may project into
them when platted as a tract. If the protected/preserve area is determined to be
jurisdictional in nature, verification must be provided which documents the approval
of the boundary limits from the appropriate local, state or federal agencies having
jurisdiction and when applicable pursuant to the requirements and provisions of the
Growth Management Plan. See LDC section 6.01.02 for further information.
20. Certification and approvals. The plat shall contain, except as otherwise allowed
below, on the first page (unless otherwise approved by the County Manager or
Designee and office of the county attorney prior to submittal) the following
certifications and approvals, acknowledged if required by law, all being in
substantially the form set forth in Appendix C to the LDC. The geometric layout and
configuration of the property to be platted shall not be shown on the page(s)
containing the certifications, appr ovals and other textual data associated with the
plat when practical.
a. Dedications. The purpose of all dedicated or reserved areas shown on the
plat shall be defined in the dedication on the plat. All areas dedicated for use
by the residents of the subdivision shall be so designated and all areas
dedicated for public use, suc h as parks, rights-of-way, easements for
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drainage and conservation purposes and any other area, however
designated, shall be dedicated by the owner of the land at the time the plat
is recorded. Such dedication and the responsibility for their maintenance
shall require a separate acceptance by res olution of the Board of County
Commissioners. No dedication items shall be included in the general note for
the plat;
b. Mortgagee's consent and approval. Identification of all mortgages and
appropriate recording information together with all mortgagees' consents
and approvals of the dedication shall be required on all plats where
mortgages encumber the land to be platted. The signature(s) of the
mortgagee or mortgagees, as the case may be, must be witnessed and the
execution must be acknowledged in the same manner as deeds are required
to be witnessed and acknowledged. In case the mortgagee is a corporation,
the consent and approval shall be signed on behalf of the corporation by the
president, vice -president or chief executive officer. At the applicant's option,
mortgagee's consents do not have to be included on the plat to be recorded,
so long as they are provided as fully executed and acknowledged separate
instruments along with the plat recording submittal;
c. Certification of surveyor. The plat shall contain the signature, registration
number and official seal of the land surveyor, certifying that the plat was
prepared under his responsible direction and supervision and that the survey
data compiled and shown o n the plat complies with all of the requirements
of F.S. ch. 177, part I, as amended. The certification shall also state that
permanent reference monuments (P.R.M.), have been set in compliance
with F.S. chapter 177, part I, as amended, and this section, a nd that
permanent control points (P.C.P.s) and lot corners will be set under the
direction and supervision of the surveyor prior to final acceptance of
required improvements. Upon installation of the P.C.P.s, the surveyor must
submit to the County Manager or designee written certification that the
installation work has been properly completed. When required
improvements have been completed prior to the recording of a plat, the
certification shall state the P.C.P.s and lot corners have been set in
compliance with the laws of the State of Florida and ordinances of Collier
County. When plats are recorded and improvements are to be accomplished
under performance security posted as provided for by this section, the
required improvements and performance guarantee shall include P.C.P.s;
d. Surveyor's seal. The surveyor of record shall sign and seal copies of the plat
submitted for approval;
e. Signature block for county attorney. The plat shall contain the approval and
signature block for the county attorney;
f. Signature block for Board of County Commissioners and clerk of circuit court.
The plat shall contain the approval and signature block for the Board of
County Commissioners and the acknowledgement and signature block of the
clerk of circuit court;
g. Evidence of title. A title certification or opinion of title complying with
section 177.041, F.S., must be submitted with the plat. The evidence of title
provided must state or describe: (1) that the lands as described and shown
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on the plat are in the name, and record title is held by the person, persons or
organization executing the dedication, (2) that all taxes due and payable at
the time of final plat recording have been paid on said lands, (3) all
mortgages on the land and in dicate the official record book and page
number of each mortgage. The evidence of title may, at the applicant's
discretion, be included on the first page of the plat, so long as the
information required by section 177.041, F.S., and this paragraph is clear ly
stated, an effective date is provided, and the statement is properly signed;
and
h. Instrument prepared by. The name, street and mailing address of the natural
person who prepared the plat shall be shown on each sheet. The name and
address shall be in statement form consisting of the words, "This instrument
was prepared by (name), (addre ss)."
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application.
Notice No notice is required.
Public Hearing The BCC shall hold at least 1 advertised public hearing.
Decision Maker The BCC.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC sections
10.02.04 B and 10.02.04 C and other provisions of the LDC.
Once submitted for review, the construction plans and final subdivision plat application
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 will be
considered withdrawn and cancelled. Further review of the project will require a new
application together with appropriate fees.
The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
Pre -Construction
Meeting
A pre -construction meeting shall be scheduled with the Development Review Division
prior to the commencement of construction.
See Chapter 1 D.9 for additional information regarding the pre -construction meeting
requirements.
Re -submittal of
Construction Plans
and Final
Subdivision Plats
Upon re-submittal of construction plans and final subdivision plat, the engineer shall
identify all revisions to the construction plans by lettering or numbering; the surveyor
shall identify all revisions to the plat by highlighting the current revisions. The applicant
shall also provide a written response to the county's comments, responding to each
comment individually.
Digital Submittal
Requirements
After the construction plans and final subdivision plat has been approved by the County
Manager or designee for compliance, the applicant shall submit the following:
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1. The applicant's professional engineer shall submit a digitally created
construction/site plan documents; and
2. 1 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 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. All
construction permits required from local, state and federal agencies must be
submitted to the County Manager or designee prior to commencing development
within any phase of a project requiring such permits.
Recording Process The final subdivision plat shall be recorded pursuant to LDC section 10.02.04 F.
See Chapter 5 G. of the Administrative Code.
Updated Resolution 2024-XX
G. Plat Recording
Reference LDC section 10.02.04 F.
Applicability This procedure is to ensure proper legal description, identification, documentation, and
recording of real estate boundaries. This procedure occurs after approval of the final
subdivision plat by the BCC.
No building permit for habitable structures shall be issued prior to approval by the BCC
and recordation of the final subdivision plat, except as identified in LDC sections 5.05.04
5.04.04, and 10.02.04 B.6 , and 10.02.04 B.4 .
Pre -Application A pre -application meeting will have occurred at the time of submittal of the construction
plans and final subdivision plat or minor final subdivision plat.
Initiation The applicant files an “Application for Plat Recording (PR)” with the Development Review
Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
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Application
Contents
The application must include the following:
1. Applicant contact information.
2. Original PPL number.
3. Construction and Maintenance Agreement.
4. Original sepia mylar of the final subdivision plat, with surveyor’s certification that the
mylar contains no revisions from the most recent submittal of the final subdivision
plat to the Development Review Division.
5. Pursuant to LDC section 10.02.04 F.3 , an original title opinion from an attorney
licensed to practice in the State of Florida, which contains the following:
a. A legal description of at least the lands being platted;
b. 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;
c. 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 have attached thereto a copy of said
instrument(s) of conveyance; and
d. 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
have attached thereto a copy of any such instruments.
6. Joinder and consent of mortgagee, if applicable.
7. If any dedications, grants, conveyances, easements, consents (including mortgagee
consents), reservations, covenants, or other like instruments are to be recorded
simultaneously with the final subdivision plat, appropriate fees and original
documentation must be provided to the County Manager or designee for processing
and recording by the Clerk of Courts prior to, or simultaneously with, the recording of
the final subdivision plat.
8. Home Owner Association Documents, if applicable.
9. Affidavit by surveyor.
Supporting “gap”
title information
1. Pursuant to LDC section 10.02.04 F.3, within 60 days of recordation of the final
subdivision plat the applicant shall submit to the County Manager or designee final
supporting "gap" title information.
2. The final supporting title information must meet all of the requirements in the above
(Plat Recording – Application Contents).
3. 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 above (Plat
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Recording – Application Contents) and the date and time of recording of the final
plat.
4. The title information must identify and provide copies of any recorded
documentation of the holders of any estates, liens, encumbrances, or easements not
properly included or joined in the dedication or consents on the final subdivision plat.
The supporting "gap" title information must have attached a copy of any required
instruments not previously provided in connection with submittals for the final plat's
recording.
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or Designee.
Review Process The Development Review Division will review the application and identify whether
additional materials are needed pursuant to LDC section 10.02.04 F.
The Development Review Division will submit the final subdivision plat materials to the
Collier County Clerk of Courts for recording.
Digital Submittal
Requirements
After the final subdivision plat has been approved by the County Manager or designee for
compliance the applicant shall submit the following:
1. The applicant's professional Engineer shall submit a digitally created
construction/site plan documents; and
2. 1 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 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. All construction permits required from
local, state and federal agencies must be submitted to the County Manager or designee
prior to commencing development within any phase of a project requiring such
permits.
Updated Resolution 2024- XX
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Chapter 12. Acronyms
A – Rural Agricultural Zoning District
AAB – Architectural Arbitration Board
ACOE – Army Corps of Engineers
ACP – Agricultural Clearing Permit
ACSC – Area of Critical State Concern
ADT – Average Daily Trips
AFW – Administrative Fence Waiver
APR – Administrative Parking Waiver
ASI – Area of Significant Influence
AVA – Administrative Variance
BCC – Board of Collier County Commissioners
BD – Boat Dock Petition
BMUD – Bayshore Drive Mixed Used District
BOAA – Building Board of Adjustment and Appeals
BP – Business Park District
BZA – Board of Zoning Appeals
C-1 – Commercial Professional General Office District
C-2 – Commercial Convenience District
C-3 – Commercial Intermediate District
C-4 – General Commercial District
C-5 – Heavy Commercial District
CCME – Conservation and Coastal Management
Element
CCPC – Collier County Planning Commission
CCSL(P) – Coastal Construction Setback Line (Permit)
CDD – Community Development District
CEB – Code Enforcement Board
CF – Community Facility
CIE – Capital Improvement Element
CIP – Capital Improvement Program
CMO – Corridor Management Overlay
CNSTR – Construction Plans
C.O. – Certificate of Occupancy
COA – Certificate of Public Facility Adequacy
CON – Conservation Zoning District
CPD – Conceptual Plat with Deviations
CPDA – Conceptual Plat with Deviations Amendment
CRD – Compact Rural Development
CSP – Conceptual Site Plan
CU – Conditional Use
DBH – Diameter at Breast Height
DC – Department of Commerce
D.O. – Development Order
DRI – Development of Regional Impact
DSWT – Dry Season Water Table
E – Estates Zoning District
EAC – Environmental Advisory Council
EIS – Environmental Impact Statement
EPA – Environmental Protection Agency
EWA – Early Work Authorization
EXP – Excavation Permit
FAC – Florida Administrative Code
FDEP – Florida Department of Environmental
Protection
FDOT – Florida Department of Transportation
FFWCC – Florida Fish & Wildlife Conservation
Commission
FIAM – Financial Impact Analysis Module
FIHS – Florida Interstate Highway System
FLUCFCS - Land Use Cover and Forms Classification
System
FLUE – Future Land Use Element
FLUM – Future Land Use Map
FP – Minor Final Plat
FS – Florida Statutes
FSA – Flow way Stewardship Area
GC – Golf Course
GGAMP – Golden Gate Area Master Plan
GGPPOCO – Golden Gate Pkwy Professional Office
Commercial Overlay District
GMCD – Growth Management Community
Development Department
GMP – Growth Management Plan
GPCD – Gallons Per Capita per Day
GT – Gopher Tortoise
GWP – Ground Water Protection Zone
GZO – Goodland Zoning Overlay
HAPB – Historic Archaeological Preservation Board
HSA – Habitat Stewardship Area
I – Industrial Zoning District
ICBSD – Immokalee Central Business Subdistrict
LDC – Land Development Code
LOS – Level of Service
LPA – Local Planning Agency
LDBPA - Limited Density Bonus Pool Allocation
LSPA – Littoral Shelf Planting Area
M/F – Multi-family Use or Zoning
MH – Mobile Home
MHO – Mobile Home Overlay
MLW – Mean Low Water
MPP – Manatee Protection Plan
MUP – Mixed Use Project
Chapter 12 | Where to Find Current Information
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Packet Pg. 396 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit A – Administrative Code Amendment
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 12 | Where to Find Current Information
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NBMO – North Belle Meade Overlay
NC – Neighborhood Commercial District
NIM – Neighborhood Information Meeting
NRPA – Natural Resource Protection Area
NAVD – North American Vertical Datum
NGVD – National Geodetic Vertical Datum
O.C. – On Center
P – Public Use District
PDI- PUD Insubstantial Change
PPL – Plans and Plat
PSI – Pounds Per Square Inch
PSP – Preliminary Subdivision Plat
PUD – Planned Unit Development
RSF – Residential Single -Family Districts
RCW – Red Cockaded Woodpecker
RFMU – Rural Fringe Mixed Use District
RLS – Request for Legal Service
RLSA(O) – Rural Lands Stewardship Area (Overlay)
RMF – Residential Multi-Family Districts
RNC – Residential Neighborhood Commercial
Subdistrict
R.O.W. – Right of Way
RSF – Residential Single -Family
SBCO – Santa Barbara Commercial Overlay District
SBR – School Board Review
SDP – Site Development Plan
SDPA – Site Development Plan Amendment
SDPI – Site Development Plan Insubstantial Change
S/F – Single Family Use/Zoning
SFWMD – South Florida Water Management District
SIP – Site Improvement Plan
SIPI – Site Improvement Plan Insubstantial Change
SLR – Sound Level Reduction
SRA – Stewardship Receiving Area
SSA – Stewardship Sending Area
ST – Special Treatment Zoning Overlay
ST-NAR – Special Treatment-Natural Aquifer
Recharge
SWFRPC – Southwest Florida Regional Planning
Council
TCEA – Transportation Concurrency Exception Areas
TCMA – Transportation Concurrency Management
Areas
TDR – Transfer of Development Rights
TP – Turtle Permit
TTRVC – Travel Trailer Recreational Vehicle
Campground
UMAM – Uniform Mitigation Assessment Method
USFWS – United States Fish & Wildlife Service
USACOE – United States Army Corps of Engineers
VOB – Vehicle on the Beach Permit
VR – Village Residential Zoning District
VRP – Vegetation Removal Permit
VRSFP – Vegetation Removal & Site Fill Permit
W – Waterfront District
WRA – Water Retention Area (within RLSA)
WRAP – Wetland Rapid Assessment Procedur e
16.A.12.b
Packet Pg. 397 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit B – Statutory References
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16.A.12.b
Packet Pg. 398 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit B – Statutory References
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Packet Pg. 399 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit B – Statutory References
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Packet Pg. 400 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit B – Statutory References
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Packet Pg. 401 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)
Exhibit B – Statutory References
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Packet Pg. 402 Attachment: LDCA (07-30-2024) PL20240008157 DSAC-LDR (29540 : Direction to Advertise LDC Amendment Relating to F.S. 177.073)