Agenda 09/10/2024 Item #16A 6 (Advertise an Ordinance amending Article IV, Secction 22-110, of the Code of Laws and Ordinances of Collier County)16.A.6
09/ 10/2024
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise an Ordinance amending Article IV, Section 22 -110,
"Excavation Review Procedures," of the Code of Laws and Ordinances of Collier County and bring back the
ordinance at an advertised public hearing.
OBJECTIVE: Request authorization for staff to advertise an Ordinance amending Article IV, Section 22 -110 of
the Code of Laws and Ordinances of Collier County.
CONSIDERATIONS: Article IV, Section 22 - 110 of the Code of Laws and Ordinances of Collier County
established review procedures for excavation permits to allow for removal of fill in accordance with a Development
Excavation permit. If no fill is removed off -site, Development Excavation permits typically are approved
administratively.
The proposed Ordinance removes the requirement for Board -approval to remove up to 10% of the total volume of
excavated material, but no more than 20,000 cubic yards. The current ordinance allows for development
excavations to be reviewed and approved on the Consent Agenda. Staff notes that development excavations with
limited off -site removal of excavated material are routinely approved by the Board without objection. Staff will be
asking the Board to find that there is no health, safety, or welfare issue with allowing staff to administratively
approve limited excavation removal as part of the Development Excavation.
FISCAL IMPACT: The fiscal impact associated with this action will include advertising fees. Funds are available
within the Community Development Fund (1014).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board direction. - HFAC
RECOMMENDATION: To authorize staff to advertise an Ordinance amending Article IV, Section 22 - 110 of
the Code of Laws and Ordinances of Collier County.
Prepared by: Jaime Cook, Director, Development Review Division, Growth Management Community
Development.
ATTACHMENT(S)
1. SB 812 (PDF)
2.Ordinance - 082624 (PDF)
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16.A.6
09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doe ID: 29538
Item Summary: Recommendation to direct staff to advertise an Ordinance amending Article IV, Section 22 -110,
"Excavation Review Procedures," of the Code of Laws and Ordinances of Collier County and bring back the
ordinance at an advertised public hearing.
Meeting Date: 09/10/2024
Prepared by:
Title: Environmental Specialist —
Name: Jaime Cook
07/30/2024 2:40 PM
Submitted by:
Title: Environmental Specialist —
Name: Jaime Cook
07/30/2024 2:40 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch
Zoning Mike Bosi Other Reviewer
Development Review Brett Rosenblum Other Reviewer
Transportation Management Operations Support Evelyn Trimino
Unknown Jaime Cook Division Director
Growth Management Community Development Department James C French
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke OMB Reviewer
Ed Finn Level 4 County Manager Review
Geoffrey Willig Meeting Pending
GMD Approver Completed
07/30/2024 2:41 PM
Completed 07/30/2024 2:42 PM
Completed 07/31/2024 8:43 AM
Other Reviewer Completed
08/05/2024 10:22 AM
Completed 08/06/2024 12:24 PM
Growth Management Completed
08/13/2024 11:18 AM
Completed 08/26/2024 2:03 PM
Completed 08/26/2024 4:10 PM
Completed 08/27/2024 3:39 PM
Completed 08/29/2024 8:57 AM
Completed 09/02/2024 6:30 PM
09/10/2024 9:00 AM
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An act relating to expedited approval of residential
building permits; creating s. 177.073, F.S.; providing
definitions; requiring certain governing bodies, by a
date certain, to each create a program to expedite the
process for issuing residential building permits
before a final plat is recorded; requiring the
expedited process to include a certain application;
prohibiting the application or local government final
approval from altering or restricting the number of
building permits requested under certain
circumstances; requiring certain governing bodies to
update their program in a specified manner; providing
applicability; requiring a governing body to create
certain processes for purposes of the program;
authorizing applicants to use a private provider to
expedite the process for certain building permits;
requiring a governing body to establish a registry of
qualified contractors for a specified purpose;
prohibiting such qualified contractors hired to review
an application from having a conflict of interest with
the applicant; defining the term "conflict of
interest"; authorizing a governing body to issue
addresses and temporary parcel identification numbers
for specified purposes; requiring a governing body to
issue a specified number or percentage of building
permits requested in an application when certain
conditions are met; setting forth certain conditions
for applicants who apply to the program; providing
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that an applicant has a vested right in an approved
preliminary plat when certain conditions are met;
prohibiting a governing body from making substantive
changes to a preliminary plat without written consent;
requiring an applicant to indemnify and hold harmless
certain entities and persons; providing an exception;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 177.073, Florida Statutes, is created to
read:
177.073 Expedited approval of residential building permits
before a final plat is recorded.—
(1) As used in this section, the term:
(a) "Applicant" means a homebuilder or developer who files
an application with the local governing body to identify the
percentage of planned homes, or the number of building permits,
that the local governing body must issue for a residential
subdivision or planned community.
(b) "Final plat" means the final tracing, map, or site plan
presented by the subdivider to a governing body for final
approval, and, upon approval by the appropriate governing body,
is submitted to the clerk of the circuit court for recording.
(c) "Local building official" has the same meaning as in s.
553.791 (1) .
(d) "Plans" means any building plans, construction plans,
engineering plans, or site plans, or their functional
equivalent, submitted by an applicant for a building permit.
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(e) "Preliminary plat" means a map or delineated
representation of the subdivision of lands that is a complete
and exact representation of the residential subdivision or
planned community and contains any additional information needed
to be in compliance with the requirements of this chapter.
(f) "Qualified contractor" includes, but is not limited to,
an engineer or engineering firm licensed under chapter 471; a
surveyor or mapper or a surveyor's or mapper's firm licensed
under chapter 472; an architect or architecture firm licensed
under part I of chapter 481; a landscape architect or landscape
architecture firm registered under part II of chapter 481; or
any other qualified professional who is certified in urban
planning or environmental management.
(2)(a) By October 1, 2024, the governing body of a county
that has 75,000 residents or more and any governing body of a
municipality that has 10,000 residents or more and 25 acres or
more of contiguous land that the local government has designated
in the local government's comprehensive plan and future land use
map as land that is agricultural or to be developed for
residential purposes shall create a program to expedite the
process for issuing building permits for residential
subdivisions or planned communities in accordance with the
Florida Building Code and this section before a final plat is
recorded with the clerk of the circuit court. The expedited
process must include an application for an applicant to identify
the percentage of planned homes, not to exceed 50 percent of the
residential subdivision or planned community, or the number of
building permits that the governing body must issue for the
residential subdivision or planned communitv. The application or
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88 the local government's final approval may not alter or restrict
89 the applicant from receiving the number of building permits
90 requested, so long as the request does not exceed 50 percent of
91 the planned homes of the residential subdivision or planned
92 community or the number of building permits. This paragraph does
93 not:
94 1. Restrict the governing body from issuing more than 50
95 percent of the building permits for the residential subdivision
96 or planned community.
97 2. Apply to a county subject to s. 380.0552.
98 (b) A governing body that had a program in place before
99 July 1, 2023, to expedite the building permit process, need only
100 update their program to approve an applicant's written
101 application to issue up to 50 percent of the building permits
102 for the residential subdivision or planned community in order to
103 comply with this section. This paragraph does not restrict a
104 governing body from issuing more than 50 percent of the building
105 permits for the residential subdivision or planned community.
106 (c) By December 31, 2027, the governing body of a county
107 that has 75,000 residents or more and any governing body of a
108 municipality that has 10,000 residents or more and 25 acres or
109 more of contiguous land that the local government has designated
110 in the local government's comprehensive plan and future land use
111 map as land that is agricultural or to be developed for
112 residential purposes shall update their programs to expedite the
113 process for issuing building permits for residential
114 subdivisions or planned communities in accordance with the
115 Florida Building Code and this section before a final plat is
116 recorded with the clerk of the circuit court. The expedited
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117 process must include an application for an applicant to identify
118 the percentage of planned homes, not to exceed 75 percent of the
119 residential subdivision or planned community, or the number of
120 building permits that the governing body must issue for the
121 residential subdivision or planned community. This paragraph
122 does not:
123 1. Restrict the governing body from issuing more than 75
124 percent of the building permits for the residential subdivision
125 or planned community.
126 2. Apply to a county subject to s. 380.0552.
127 (3) A governing body shall create:
128 (a) A two-step application process for the adoption of a
129 preliminary plat, inclusive of any plans, in order to expedite
130 the issuance of building permits under this section. The
131 application must allow an applicant to identify the percentage
132 of planned homes or the number of building permits that the
133 governing body must issue for the residential subdivision or
134 planned community.
135 (b) A master building permit process consistent with s.
136 553.794 for applicants seeking multiple building permits for
137 residential subdivisions or planned communities. For purposes of
138 this paragraph, a master building permit is valid for 3
139 consecutive years after its issuance or until the adoption of a
140 new Florida Building Code, whichever is earlier. After a new
141 Florida Building Code is adopted, the applicant may apply for a
142 new master building permit, which, upon approval, is valid for 3
143 consecutive years.
144 (4)(a) An applicant may use a private provider pursuant to
145 s. 553.791 to expedite the application process for building
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permits after a preliminary plat is approved under this section.
(b) A governing body shall establish a registry of at least
three qualified contractors whom the governing body may use to
supplement staff resources in ways determined by the governing
body for processing and expediting the review of an application
for a preliminary plat or any plans related to such application.
A qualified contractor on the registry who is hired pursuant to
this section to review an application, or any part thereof, for
a preliminary plat, or any part thereof, may not have a conflict
of interest with the applicant. For purposes of this paragraph,
the term "conflict of interest" has the same meaning as in s.
(5) A governing body may work with appropriate local
government agencies to issue an address and a temporary parcel
identification number for lot lines and lot sizes based on the
metes and bounds of the plat contained in the application.
(6) The governing body must issue the number or percentage
of building permits requested by an applicant in accordance with
the Florida Building Code and this section, provided the
residential buildings or structures are unoccupied and all of
the following conditions are met:
(a) The governing body has approved a preliminary plat for
each residential subdivision or planned community.
(b) The applicant provides proof to the governing body that
the applicant has provided a copy of the approved preliminary
plat, along with the approved plans, to the relevant electric,
gas, water, and wastewater utilities.
(c) The applicant holds a valid performance bond for up to
130 percent of the necessary improvements, as defined in s.
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175 177.031(9), that have not been completed upon submission of the
176 application under this section. For purposes of a master planned
177 community as defined in s. 163.3202(5)(b), a valid performance
178 bond is required on a phase -by -phase basis.
179 (7)(a) An applicant may contract to sell, but may not
180 transfer ownership of, a residential structure or building
181 located in the residential subdivision or planned community
182 until the final plat is approved by the governing body and
183 recorded in the public records by the clerk of the circuit
184 court.
185 (b) An applicant may not obtain a temporary or final
186 certificate of occupancy for each residential structure or
187 building for which a building permit is issued until the final
188 plat is approved by the governing body and recorded in the
189 public records by the clerk of the circuit court.
190 (8) For purposes of this section, an applicant has a vested
191 right in a preliminary plat that has been approved by a
192 governing body if all of the following conditions are met:
193 (a) The applicant relies in good faith on the approved
194 preliminary plat or any amendments thereto.
195 (b) The applicant incurs obligations and expenses,
196 commences construction of the residential subdivision or planned
197 community, and is continuing in good faith with the development
198 of the property.
199 (9) Upon the establishment of an applicant's vested rights
200 in accordance with subsection (8), a governing body may not make
201 substantive changes to the preliminary plat without the
202 applicant's written consent.
203 (10) An applicant must indemnify and hold harmless the
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local government, its governing body, its employees, and its
agents from liability or damages resulting from the issuance of
a building permit or the construction, reconstruction, or
improvement or repair of a residential building or structure,
including anv associated utilities, located in the residential
subdivision or planned community. Additionally, an applicant
must indemnify and hold harmless the local government, its
governing body, its employees, and its agents from liability or
disputes resultina from the issuance of a certificate of
occupancv for a residential building or structure that is
constructed, reconstructed, improved, or repaired before the
approval and recordation of the final plat of the qualified
project. This indemnification includes, but is not limited to,
anv liabilitv and damaae resulting from wind, fire, flood,
construction defects, bodilv inlurv, and anv actions, issues, or
disputes arising out of a contract or other agreement between
the developer and a utility operating in the residential
subdivision or planned community. However, this indemnification
does not extend to governmental actions that infringe on the
applicant's vested rights.
Section 2. This act shall take effect upon becoming a law.
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ORDINANCE 2024-
AN ORDINANCE AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA,
AMENDING ARTICLE IV, WHICH REGULATES
EXCAVATIONS WITHIN THE UNINCORPORATED AREA
OF COLLIER COUNTY, AS PROMULGATED BY
ORDINANCE NO. 04-55, AS AMENDED, AMENDING
SECTION 22-110, PERTAINING TO EXCAVATION REVIEW
PROCEDURES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of
counties to provide for the health, welfare, and safety of existing and future residents of
the County by enacting and enforcing regulations necessary for the protection of the public;
and
WHEREAS, the Board of County Commissioners (Board) has determined that
controlling excavations within Collier County is in the public's best interest; and
WHEREAS, Collier County Engineering staff has determined that the excavation
procedures require updating and clarification due to changes in state legislation, Board
policies, and past experience.
Now, therefore, be it ordained by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: Amendment to Article IV, Section 22-110, Excavation Review
Procedures, of the Code of Laws and Ordinances of Collier County, Florida.
Section 22-I 10 is hereby amended as follows:
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Sec. 22-110 Excavation Review Procedures.
(a) Types of excavation permits. The permits required by this article shall be issued by the
Engineering Services Department in accordance with the procedures set forth herein and
shall come under one of the following categories:
(1) Private excavations. Private excavations are considered to be an excavation on non-
commercial property where the excavated material is not removed from the
property and where the disturbed surface area at grade does not exceed two acres.
Where more than one excavation is proposed for the same piece of property or
properties under common ownership and the combined disturbed surface area
exceeds two acres, the permits shall not be issued as a private excavation.
(2) Commercial excavations. Commercial excavations are considered to be any
excavation wherein the excavated material is removed from the subject property,
except for removal of excavated material approved under a development excavation
permit and £except that up to 4,000 cubic yards of excavated material may be
removed from an agriculturally zoned site if the fill is the result of a legitimate
agricultural use as defined in other sections of this Code.
Unless approved as part of a development excavation permit in subsection (3),-A
all approved developments with off site hauling activities will be considered
commercial excavations.
(3) Development excavation. Development excavations are considered to be any
excavation located within the boundaries of a planned unit development, or
subdivision development, having approved construction plans (to include SDPs),
or an industrial or commercial project, or where the disturbed area of an excavation
exceeds two acres_,, but ne fill is removed from the -subject property for- whateve
_Taos eyeavations were elegyly defined and detailedas ie-leeation, sib
rreview-�a
shape,r_] ..j.....-.... sidesideslopesYva ...,... ab ..the...... VRV}111fV11L"J,
hearings.
sub,a isie,, p.'at�s; eExcavated material in an amount up to ten
AJ1V11 ill
percent (to a maximum of 20,000 cubic yards) of the total volume
[24-LDS-00329/1887302/1118
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excavated may be removed from the development. Intentions to remove
material must be clearly stated during the development's review and
approval process.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any Section, phrase, sentence, or portion of this
Ordinance is for any reason 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 THREE: Inclusion into the Code of Laws and Ordinances
The provisions of the Ordinance shall become and be made part of the Land Development
Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered
to accomplish such, and the word "Ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION FOUR: Effective Date
This Ordinance shall become effective upon filing with the Florida Department of State.
The effective date of the text amendment will be October 1, 2024.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Approved as to form and legality:
2024.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A1.�y
Heidi Ashton-Cicko, Managing Assistant ounty Attorney
[24-LDS-00329/1887302/ 1 ] 18
8-26-24
Chris Hall, Chairman
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