Ordinance 2024-35 ORDINANCE NO. 2024 - 35
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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 August 15, 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 September 24, 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 mouses.
* * * * * * * * * * * * *
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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 Jluses.
* * * * * * * * * * * * *
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
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 approvedpreliminary 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 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 buses
* * * * * * * * * * * * *
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
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 4Juses.
* * * * * * * * * * * * *
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 prea+minar-y 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. .
within an area of otogical probability but not subject to
cubsections 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 1iuses.
* * * * * * * * * * * * *
(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 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
oubdivision 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 ( ) 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 CPDP-SP 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 3.1. 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 on4he-pretiriRa-r-y-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 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
, 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
, 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
pr inary and final subdivision-pl o-or4y-Grp- the final subdivision plat if--the-appl+ear;t
choose 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:
* * * * * * * * * * * * *
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 FINni 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 (P--SP) 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 preliminaryconceptual plats with deviations.
a. The Administrative Code shall establish the process and submittal
requirements for a preliminary subdivision conceptual plat with deviations.
b. A conceptual plat with deviations shall include the
entire property to be subdivided and recorded.
c. The prel inar-y---sutbdiv+elan 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-c-ite the applicable code or
regulatory basis for the conditions or denial.
4. Amendments. Any amendment to the approvedsubdivision
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 subdiv+s+ea 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:
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.
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".
.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.
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:
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:
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 3.0. 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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* * * * * * * * * * * * *
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 24th day of September, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL.K. IN2E CLERK OF COLLIER COUNTY, FLORIDA
f _ f
By: kbIa/0/ ;:: • By:
ku*LI\
,'D-• ty Clerk hris Hall, Chairman
Attest to Chairmairl'a
ign;)trire
Approved as to form and legality: This ordinance filed wdt'h ':
;,.. f'..e the
S cretc:ry o{ _i, jtffL
ott dnd atkna`r+ .d ;
idi Ashton-Cicko film Irgc`y'''`e tli°� - day
Managing Assistant County Attorney
(] rII
By
04-CMD-01077/2003 (9/24/24)
24-LDS-00330/46
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RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
October 1, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-35, which was filed in this office on September 30,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL