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DSAC-LDR Agenda 08/19/2025 Please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov if you have any questions or wish to meet with staff. Growth Management Community Development Development Services Advisory Committee Land Development Review Subcommittee Tuesday, August 19, 2025 3:00 pm 2800 Horseshoe Drive N. Naples, FL 34104 Growth Management Community Development Conference Rooms 609/610 For more information, please contact Eric Johnson at (239) 252-2931 or at Eric.Johnson@colliercountyfl.gov DSAC – Land Development Review Subcommittee 2025 Land Development Code Amendments Agenda Tuesday, August 19, 2025 3:00 pm 2800 Horseshoe Drive N., Naples, FL 34104 Growth Management Community Development, Conference Rooms 609/610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Registration Form”, list the topic they wish to address, and hand it to the Staff member before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. 1. Call to Order – Chairman 2. Approval of Agenda 3. Old Business 4. New Business a. PL20250005385 – Scrivener’s Errors and Cross-Reference Corrections b. PL20250006145 – Removal of Prohibited Exotic Vegetation c. PL20250007882 – Administrative Plat Approval 5. Public Speakers 6. Upcoming DSAC-LDR Subcommittee Meeting Dates Discussion: a. Tuesday, September 16, 2025 b. Tuesday, November 18, 2025 7. Adjourn 1 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND This LDC amendment corrects scrivener’s errors and updates various citations/references throughout the LDC. This staff-led effort required collaboration between the GMCDD Zoning and Development Review divisions. These changes are necessary to keep citations current and text appropriate. Research into relevant codes was applied for validity. This amendment proposes corrections in the following LDC sections: LAND DEVELOPMENT CODE AMENDMENT PETITION PL20250005385 ORIGIN Growth Management Community Development Department (GMCDD) SUMMARY OF AMENDMENT This amendment corrects the scrivener’s errors and updates cross-references related to various Land Development Code (LDC). LDC amendments are reviewed by the Board of County Commissioners (BCC), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). HEARING DATES LDC SECTION TO BE AMENDED BCC TBD CCPC TBD DSAC TBD DSAC-LDR 08/19/2025 1.08.01 1.08.02 2.01.03 2.03.07 2.03.08 3.05.07 3.05.10 4.02.14 4.02.16 4.03.03 4.03.04 4.06.05 4.08.05 5.04.05 5.05.04 5.05.08 5.05.12 5.06.04 6.06.03 10.02.03 10.02.08 APPENDIX A APPENDIX C Abbreviations Definitions Essential Services Overlay Zoning Districts Rural Fringe Zoning Districts Preservation Standards Littoral Shelf Planting Area (LSPA) Design Standards for Development in the ST and ACSC-ST Districts Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area Subdivisions Exemptions Lot Line Adjustment and Lot Split General Landscaping Requirements Baseline Standards Temporary Events Group Housing Architectural and Site Design Standards Specific Standards for Public Utility Ancillary Systems in Collier County Development Standards for Signs in Nonresidential Districts Streetlights Requirements for Site Development, Site Improvement Plans and Amendments thereof Requirements for Amendments to the Official Zoning Atlas STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION 2 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx Agency Name Updates: Department of Community Affairs "DCA" to Department of Commerce "DOC” (aka FloridaCommerce)" •LDC sections 1.08.01: 2.01.03 B.f.: and 4.02.14 D. Invasive Species Council Agency Name Updates (FLEPPC to FISC) •LDC section 1.08.01.: Addition of “Florida Invasive Species Council (FISC)”. •LDC section 1.08.02.: Removal of 2003 Florida Exotic Pest Plant Council's List. •LDC section 3.05.07.F.3.f.vi. •LDC section 3.05.07.F.3.g.i.d. •LDC section 4.02.16.E.3.6. •LDC section 4.06.05.F1.a.: (3 updates: name, website, acronym) •LDC section 4.08.05.M.8.c. Department Name Update: Growth Management to Growth Management Community Development Department •LDC section 2.03.08.A.1.a. •LDC section 4.03.04.B. •LDC section 4.03.04.C.4. •LDC section 5.04.05.A.5.c.i. Zoning District Name Update: GTMUD to GTZO •LDC section 4.02.016.C.13.b.i Section Reference Corrections •LDC section 2.01.03.B.1.: 4.08.08 C to 4.08.01 •LDC section 3.05.10: 3.05.07 F.4.b to 3.05.07 F.3.g.ii •LDC section 4.06.05.B.4. to 4.06.05.C •LDC section 5.05.08.B.4.d.ii: to 4.06.05.C •LDC section 5.05.12.G: to 4.06.05.C •LDC sections 2.03.07.P.3.a,: 2.04.03 to 2.03.02.F.1 & 4.02.14 •LDC sections 10.02.03: 10.02.03.A.3.a to 10.02.03.A.5 •LDC section Appendix A: update Development Services to “Development Review” Spelling/Typographical Corrections •LDC section 2.03.07.G5.c.11.: Correct the word “forgoing” to “foregoing” •LDC section 5.04.05.A.5.c.ii: Correct the word “Sherriff’s” to “Sheriff’s” •LDC section 5.05.04.D: Correct the phrase “aging-in-pace” to “aging-in-place” •LDC section 5.06.04.F.2.a: Correct the word “by” to “be” •LDC section 10.02.08.I.2.a.: Correct the word “dependant” to “dependent” •LDC section Appendix A: Correct the word “assure” to “ensure” •LDC section Appendix C: Correct the word “RESPONSIBILTY” to “RESPONSIBILITY” Technical Standard Updates •LDC section 6.06.03.A and 6.06.03.C: the lighting design guide “IESNA RP 8.00 and IESNA RP-8.00.” to “ANSI/IES RP-8-22” FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by the Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: None DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx Amend the LDC as follows: 1 2 1.08.01 – Abbreviations 3 4 * * * * * * * * * * * * * 5 DCA Department of Community Affairs DEP Department of Environmental Protection DO Development Order DOC Department of Commerce 6 7 * * * * * * * * * * * * * 8 FISC Florida Invasive Species Council 9 10 * * * * * * * * * * * * * 11 # # # # # # # # # # # # # 12 13 1.08.02 – Definitions 14 15 * * * * * * * * * * * * * 16 17 Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native 18 vegetation communities by: displacing native plant species, changing the structure or ecological 19 functions of native plant communities, or hybridizing with native species; which includes all 20 species of vegetation listed on the 2003 latest Florida Exotic Pest Plant Council's List of Invasive 21 Species FISC List of Invasive Plant Species, under Category I. 22 23 * * * * * * * * * * * * * 24 # # # # # # # # # # # # # 25 26 2.01.03 Essential Services 27 28 * * * * * * * * * * * * * 29 30 B. Permitted essential services in CON districts, RFMU sending lands, NRPAs, HSAs, and 31 FSAs. 32 33 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within 34 designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas 35 (FSA) within the RLSA overlay district subject to the limitations set forth in LDC 36 section 4.08.08 C 4.08.00, the following essential services are permitted: 37 38 * * * * * * * * * * * * * DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 f. Aviation related uses as approved in the September 11, 2001 3 Memorandum of Understanding between Collier County Airport Authority 4 and the Intervenor Signatories to the Deltona Settlement Agreement (July 5 20, 1982), including The Conservancy of Southwest Florida, The National 6 Audubon Society, The Florida Audubon Society, The Environmental 7 Defense Fund, Izaak Walton League, Florida Division, The Florida 8 Department of Environmental Protection, The South Florida Water 9 Management District, The Florida Department of Commerce Community 10 Affairs, The Deltona Corporation, and Collier County. 11 12 * * * * * * * * * * * * * 13 # # # # # # # # # # # # # 14 15 2.03.07 - Overlay Zoning Districts 16 17 * * * * * * * * * * * * * 18 19 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 20 distinct subdistricts for the purpose of establishing development criteria suitable for the 21 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 22 Urban Overlay District are delineated on the maps below. 23 24 * * * * * * * * * * * * * 25 26 5.Main Street Overlay Subdistrict. Special conditions for the properties identified in 27 the Immokalee Area Master Plan; referenced on Map 7; and further identified by 28 the designation "MSOSD" on the applicable official Collier County Zoning Atlas 29 Maps. The purpose of this designation is to encourage development and 30 redevelopment by enhancing and beautifying the downtown Main Street area 31 through flexible design and development standards. 32 33 * * * * * * * * * * * * * 34 35 c. Prohibited uses. All uses prohibited within the underlying residential and 36 commercial zoning districts contained within this Subdistrict, and the 37 following uses, shall be prohibited on properties with frontage on Main 38 Street in between First Street and Ninth Street in the Main Street Overlay 39 Subdistrict: 40 41 * * * * * * * * * * * * * 42 43 11. Any other heavy commercial use which is comparable in nature with 44 the foregoing uses and is deemed inconsistent with the intent of this 45 Subdistrict shall be prohibited. 46 47 * * * * * * * * * * * * * 48 49 P. Copeland Zoning Overlay (CZO). 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 1.Purpose. To create development standards which address the unique community 2 characteristics of the Copeland community. 3 4 2.Applicability. The Copeland Zoning Overlay (CZO) boundary is delineated on the 5 map below, and these standards apply to those portions of the Copeland 6 Community, which are in private ownership and located within the urban 7 designated lands on the Collier County Future Land Use Map. 8 9 3.Permitted uses. 10 11 a. All principal and accessory uses permitted by right in the VR-ACSC/ST 12 zoning district as identified in LDC sections 2.04.03 2.03.02.F.1 and 13 4.02.14 of the LDC as of December 26, 2006. In the event any conflicts 14 arise between the underlying zoning district requirements and those 15 contained in the Copeland Zoning Overlay, the requirements of the 16 Copeland Zoning Overlay shall supersede the underlying zoning 17 requirements. 18 19 20 * * * * * * * * * * * * * 21 # # # # # # # # # # # # # 22 23 2.03.08 - Rural Fringe Zoning Districts 24 25 * * * * * * * * * * * ** 26 27 A. Rural Fringe Mixed-Use District (RFMU District). 28 29 1. Purpose and scope. The purpose and intent of the RFMU District is to provide a 30 transition between the Urban and Estates Designated lands and between the 31 Urban and Agricultural/Rural and Conservation designated lands farther to the 32 east. The RFMU District employs a balanced approach, including both regulations 33 and incentives, to protect natural resources and private property rights, providing 34 for large areas of open space, and allowing, in designated areas, appropriate 35 types, density and intensity of development. The RFMU District allows for a mixture 36 of urban and rural levels of service, including limited extension of central water and 37 sewer, schools, recreational facilities, commercial uses, and essential services 38 deemed necessary to serve the residents of the RFMU District. The innovative 39 planning and development techniques which are required and/or encouraged 40 within the RFMU District were developed to preserve existing natural resources, 41 including habitat for listed species, to retain a rural, pastoral, or park-like 42 appearance from the major public rights-of-way, and to protect private property 43 rights. 44 45 a. Establishment of RFMU Zoning Overlay District. In order to implement the 46 Rural Fringe Mixed Use District (RFMUD) designation in the Future Land 47 Use Element (FLUE) of the GMP, the RFMU District shall be designated 48 as "RFMUO" on the Official Zoning Atlas and is hereby established. The 49 RFMU District replaces the underlying zoning district where that underlying 50 zoning district is A, Rural Agricultural, except where development DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 standards are omitted in the RFMU District. The County-wide Future Land 2 Use Map is located in the Future Land Use Element of the GMP or can be 3 obtained from the Growth Management Community Development 4 Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The 5 lands included in the RFMU District and to which LDC section 2.03.08 apply 6 are depicted by the following map: 7 8 * * * * * * * * * * * * * 9 # # # # # # # # # # # # # 10 11 3.05.07 - Preservation Standards 12 13 * * * * * * * * * * * * * 14 15 F. Wetland preservation and conservation. 16 17 * * * * * * * * * * * * * 18 19 3. RFMU district. Direct impacts of development within wetlands shall be limited by 20 directing such impacts away from high quality wetlands having functionality scores 21 of at least 0.65 WRAP or 0.7 UMAM. This shall be accomplished by adherence to 22 the vegetation retention requirements of LDC section 3.05.07 C above and the 23 following standards: 24 25 * * * * * * * * * * * * * 26 27 f. Preserved wetlands shall be buffered from other land uses as follows: 28 29 * * * * * * * * * * * * * 30 31 vi. The buffer shall be maintained free of Category I invasive exotic 32 plants, as defined by the Florida Exotic Pest Plant Council Florida 33 Invasive Species Council. 34 35 * * * * * * * * * * * * * 36 37 g. Mitigation. Mitigation shall be required for direct impacts to wetlands in 38 order to result in no net loss of wetland functions, in adherence with the 39 following requirements and conditions: 40 41 i. Mitigation Requirements: 42 43 * * * * * * * * * * * * * 44 45 d) Preserved or created wetland or upland vegetative 46 communities offered as mitigation shall be placed in a 47 conservation easement in accordance with LDC section 48 3.05.07 H.1.d, provide for initial removal of Category I 49 Invasive Exotic Vegetation as defined by the Florida Exotic DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 Pest Plant Council Florida Invasive Species Council and 2 provide for continual removal of exotic vegetation. 3 4 * * * * * * * * * * * * * 5 # # # # # # # # # # # # # 6 7 3.05.10 – Littoral Shelf Planting Area (LSPA) 8 9 * * * * * * * * * * * * * 10 11 A. Design requirements. 12 1.Area requirements. The total area of the LSPA shall be calculated as a percentage 13 of the total area of the lake at control elevation. Area requirements vary within the 14 County and are as follows: 15 a. Rural Fringe Mixed Use District - 30 percent. This requirement may be reduced 16 subject to the Mitigation Iincentives identified in section 3.05.07 F.4.b.; 3.05.07 17 F.3.g.ii.; 18 19 * * * * * * * * * * * * * 20 # # # # # # # # # # # # # 21 22 4.02.14 – Design Standards for Development in the ST and ACSC-ST Districts 23 24 * * * * * * * * * * * * * 25 26 D. Port of the Islands, Copeland, and Plantation Island. Port of the Islands, Copeland, and 27 Plantation Island are developments located within the Urban Designated Area, but are 28 also located within the Big Cypress Area of Critical State Concern. A portion of the Port of 29 the Islands development was determined "vested" by the State of Florida, thus exempting 30 it from the requirements of Ch. 380, F.S. There is an existing development agreement 31 between Port of the Islands, Inc., and the State of Florida, Department of Community 32 Affairs Commerce, dated July 2, 1985, which regulates land uses at Port of the Islands. 33 Development within Port of the Islands shall be regulated by the development agreement 34 and the residential density and commercial intensities shall not exceed that permitted 35 under zoning at time of adoption of the GMP. Development within the Urban Designated 36 Areas of Copeland and Plantation Island shall be reviewed and approved administratively 37 by the County Manager or designee for compliance with Area of Critical State Concern 38 regulations. Development within the Urban Designated Areas of Copeland and Plantation 39 Island shall not be required to go through the process of filing a petition for site alteration 40 or site development plan approval, pursuant to LDC section 4.02.14 G, and not be required 41 to follow the procedures for site alteration plan or site development plan approval pursuant 42 to LDC sections 4.02.14 E, 4.02.14 F.2 and 4.02.14 F.3. This does not exempt 43 development orders required pursuant to Chapter 10 of the Code. There is also an 44 agreement for Plantation Island, between the Board of County Commissioners and the 45 Florida Department of Community Affairs Commerce, to allow site alteration, including 46 dredging and filling of up to 2,500 square feet, regardless of the predevelopment 47 vegetation. This Agreement is recorded in the Official Records, Book 3788, Page 3788, in 48 the public records of Collier County. 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 * * * * * * * * * * * * * 2 # # # # # # # # # # # # # 3 4 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Community 5 Redevelopment Area 6 7 * * * * * * * * * * * * * 8 9 C. Additional Standards for Specific Uses. Certain uses may be established, constructed, 10 continued, and/or expanded provided they meet certain mitigating standards specific to 11 their design and/or operation. These conditions ensure compatibility between land uses 12 and building types and minimize adverse impacts to surrounding properties. 13 14 * * * * * * * * * * * * * 15 16 13. Limited Density Bonus Pool Allocation (LDBPA) for multi-family or mixed use 17 developments on two contiguous acres or less. 18 19 * * * * * * * * * * * * * 20 21 b. Eligibility. Up to two additional dwelling units per acre are allowed to be 22 allocated to a multi-family or mixed use development through an LDBPA, 23 subject to the following requirements and procedures: 24 25 i. The project must comply with the dimensional and design standards 26 of the BZO or GTMUD GTZO as applicable. 27 28 * * * * * * * * * * * * * 29 30 E. Landscaping and Buffer Requirements 31 32 * * * * * * * * * * * * * 33 34 6. Plant Materials: Landscaping in the BZO and GTZO shall utilize tree and shrub 35 plants that are identified in the Collier County Native Plant List in order to minimize 36 maintenance and water demands after establishment. Ornamental plantings 37 should be drought-tolerant in nature, consistent with Florida Yards & 38 Neighborhoods Program, and cross-referenced with the latest Florida Exotic Pest 39 Plant Council (FLEPPC) Florida Invasive Species Council listing of invasive 40 species (Categories I and II). 41 42 * * * * * * * * * * * * * 43 # # # # # # # # # # # # # 44 45 4.03.03 -Subdivision Exemptions 46 47 G.Rural area subdivision requirements. 48 49 * * * * * * * * * * * * * DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 3. Access agreement. The owner of property applying for a building permit shall 3 execute a release and waiver agreement which shall be executed and recorded at 4 the applicant's expense in the official records of Collier County. The release and 5 waiver agreement shall be in a form approved by the county attorney or designee, 6 and shall include, at a minimum, the following provisions and a copy of the 7 recorded agreement submitted with the property owner's building permit 8 application: 9 10 * * * * * * * * * * * * * 11 12 k. An acknowledgment that the Department of Economic 13 Opportunity Commerce (DEO) may review and appeal any development 14 order issued by Collier County within the Big Cypress Area of Critical State 15 Concern. Also, confirmation that the applicant will execute, prior to 16 issuance of any development order by Collier County, a statement of 17 understanding of the DEO Department of Commerce review requirements 18 in the form approved by the DEO Department of Commerce; and 19 20 * * * * * * * * * * * * * 21 # # # # # # # # # # # # # 22 23 4.03.04 - Lot Line Adjustment and Lot Split 24 25 * * * * * * * * * * * * * 26 27 B.Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels which 28 may be platted or unplatted and which are under separate ownership, or the same 29 ownership shall be exempt from this section if all of the following conditions are met. The 30 lot line adjustment shall be recorded with the Clerk of Courts within 12 months of approval 31 by the County Manager or designee, and a copy of the recorded document shall be 32 provided to the Growth Management Community Development Department. 33 34 * * * * * * * * * * * * * 35 36 C.Lot Split. All lots must have frontage on a public or private right-of-way, with the exception 37 of one division of a single platted lot or otherwise established lot of record into two lots. 38 Any such lot split may utilize an access easement to satisfy access, and frontage 39 requirements for the lot which would not otherwise have street frontage. 40 41 * * * * * * * * * * * * * 42 43 4. The further split or division of a lot, parcel, or any lot of record into two proposed 44 parcels must be reviewed and approved by the County prior to any subsequent 45 development orders or development permits issued or approved. Evidence of the 46 County approved lot split shall be provided to the Property Appraiser or Clerk of 47 Courts for their consideration and record-keeping. The lot split shall be recorded 48 with the Clerk of Courts within 12 months of approval by the County Manager or 49 designee, and a copy of the recorded document shall be provided to the Growth 50 Management Community Development Department. DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 * * * * * * * * * * * * * 3 # # # # # # # # # # # # # 4 5 4.06.05 - General Landscaping Requirements 6 7 A. Landscaping requirements for residential development. 8 9 Landscaping for all new development, including single-family, two-family, multifamily and 10 mobile home dwelling unit, shall include, at a minimum, the number of trees set forth 11 below. Areas dedicated as preserves and conservation areas shall not be counted to meet 12 the requirements of this section. Existing trees and other minimum code required 13 landscaping may be credited to meet these requirements pursuant to LDC section 4.06.05 14 E F.1. Trees shall meet the requirements of LDC section 4.06.05 C D.2. Existing 15 residential development that does not meet the minimum landscaping requirements of this 16 Code shall be required to install the required landscaping before a certificate of occupancy 17 is granted for any improvements to the property. 18 19 * * * * * * * * * * * * * 20 21 B. Landscaping requirements for industrial and commercial development. For projects 22 subject to architectural design standards, see LDC section 5.05.08 F. for related 23 provisions. 24 25 1. Industrial and commercial developments. One canopy tree per 3,000 square feet 26 of pervious site area, or one canopy tree per lot, whichever is greater. 27 28 2. Wireless communication facilities. See LDC section 5.05.09 for landscape 29 requirements that are specific to wireless communication facilities. 30 31 3. Littoral shelf planting area (LSPA). All developments that create lake areas shall 32 provide a littoral shelf planting area in accordance with LDC section 3.05.10. 33 34 4. C.Public utility ancillary system landscaping requirements. Screening and buffering 35 requirements are to be limited to the area surrounding the public utility ancillary system. 36 Ancillary systems that are physically located on a water or wastewater treatment property are 37 not required to be individually fenced and landscaped. Existing, previously permitted public 38 utility ancillary systems are not required to meet the landscaping requirements of this section 39 if an SDPI application is required for modifications. A public utility ancillary system requiring 40 an SDPA will need to meet the landscaping requirements of LDC S section 4.06.00. Canopy 41 trees as described in LDC section 4.06.05 B.1., will not be required. Projections visible above 42 the fence or wall shall be screened from view by sabal palms with a minimum clear trunk 43 height of 8 to 12 feet. Palms may be replaced or supplemented with native trees to enhance 44 screening. Each palm shall be planted 10 feet on center around the perimeter of the fence or 45 wall. Surrounding fences or walls must have at a minimum, ten-gallon shrubs, 5 feet tall at the 46 time of planting, placed 4 feet on center along the exterior perimeter of the surrounding fence 47 or wall. Public utility ancillary systems enclosed in buildings without perimeter fences or walls 48 must have, at a minimum, 2 rows of three-gallon shrubs, 2 feet tall at the time of planting, 49 placed 3 feet on center and offset between rows. In all cases, mature vegetation must provide DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 an 80 percent sight-obscuring screen equal to 75 percent of the height of the fence or wall, as 2 applicable. 3 4 a.1.Native plant materials shall be used, to the maximum extent practicable, to meet 5 the screening and buffering requirements of this sub-section and the chosen plant 6 materials shall be consistent with the existing native vegetation found on or near 7 the public utility ancillary system site, with the following exceptions: 8 9 i. a.for any disturbed area required to construct a public utility ancillary system 10 that is equal to or greater than 15 feet from the edge of a building or other 11 structure, the disturbed area may be planted with a drought resistant sod 12 such as Bahia; or 13 14 ii. b for any disturbed area required to construct a public utility ancillary system 15 that is less than 15 feet from the edge of a well house or other structure, 16 the disturbed area may be covered with a sufficient depth of ground cover 17 such as organic mulch, shell, or similar pervious material. 18 19 Table 4.06.05 CD. Building Foundation Planting Requirements 20 21 * * * * * * * * * * * * * 22 CD. Building foundation plantings. All commercial buildings, residential buildings with 3 or more 23 units, and retail and office uses in industrial buildings shall provide building foundation 24 plantings in the amount set forth in table 4.06.05.CD. and illustration 4.06.05 CD. These 25 planting areas shall be located adjacent to building entrance(s), primary façades, and/or 26 along façades facing a street. For projects subject to architectural design standards, see 27 LDC sections 5.05.08 E.—F. for related provisions. 28 29 * * * * * * * * * * * * * 30 31 9. All projects may use the following alternatives to meet the requirements of table 32 4.06.05 DC.: 33 34 * * * * * * * * * * * * * 35 36 c. Vine planted arbors, wall planters, and trellis structures may be used to 37 meet up to 15 percent of the required building foundation planting area. 38 39 Illustration 4.06.05.DC. 40 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 * * * * * * * * * * * * * 3 4 DE. Plant Material Standards. 5 6 1.Quality. Plant materials used to meet the requirements of this section shall meet 7 the standards for Florida No. 1 or better, as set out in Grades and Standards for 8 Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as 9 amended). Root ball sizes on all transplanted plant materials shall also meet state 10 standards. 11 12 * * * * * * * * * * * * * 13 14 c. Where xeric plants are to be utilized, use the South Florida Water 15 Management District, Xeriscape Plant Guide (as amended) as a reference. 16 17 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 12 3 Figure 4.06.05 ED. 4 5 * * * * * * * * * * * * * 6 7 EF. Existing Plant Communities. Existing plant communities and ecosystems shall be 8 maintained in a natural state and shall not be required to be irrigated. Native plant areas 9 that are supplements to an existing plant community or newly installed by the applicant 10 shall be irrigated on a temporary basis only during the period of establishment from a 11 temporary irrigation system, water truck, or by hand watering with a hose. 12 13 1. Existing plant material. In meeting the requirements of landscaping, the planning 14 services director may permit the use of healthy native plant material existing on- 15 site. In so doing, the planning services director may adjust the application of the 16 standards of these regulations to allow credit for such existing plant material, 17 provided, he may not permit the reduction of required percentages of a landscaped 18 area or reduction in numbers of trees or shrubs required, unless otherwise allowed 19 pursuant to LDC section 4.06.05 FE. Removal of vegetation is subject to the 20 vegetation removal, protection, and preservation section (contained in this 21 section). 22 23 * * * * * * * * * * * * * 24 25 FG. Prohibited Plant Materials. 26 27 1.Prohibited species. The following plant species shall not be planted: 28 29 a. All Category I Invasive Exotics as listed on the Florida Exotic Pest Plant 30 Council's Florida Invasive Species Council website: [www.fleppc.org DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 www.floridainvasives.org] This list is routinely monitored and updated by 2 the FLEPPC FISC. Plus the following species: 3 4 * * * * * * * * * * * * * 5 6 2.Prohibited exotic species. In addition to the prohibitions outlined in LDC section 7 4.06.05 EF. above, the species enumerated in LDC section 3.05.08 or seeds 8 thereof shall not be grown, offered for sale, or transported inter-county or intra- 9 county. 10 11 * * * * * * * * * * * * * 12 13 GH. Requirements to remove prohibited plant materials. For these requirements, see LDC 14 section 3.05.08 of this Code. 15 16 HI. Installation and selection requirements for plant materials. 17 18 1. Prior to the issuance of any certificate of occupancy for a use required to provide 19 landscaping and irrigation in accordance with this section, all required landscaping 20 and irrigation shall be installed and in place as set out in the plans approved under 21 Chapter 10 of the Code. All plant materials must be installed in accordance with 22 accepted landscape practices in the area and meet the plant material standards 23 contained in LDC Ssection 4.06.05 DC. Plant materials shall be installed in soil 24 conditions that are conducive to the proper growth of the plant material. 25 26 2. Limerock located within planting areas shall be removed and replaced with native 27 or growing quality soil before planting. A plant's growth habit shall be considered 28 in advance of conflicts which might arise (i.e. views, signage, overhead power 29 lines, lighting, sidewalks, buildings, circulation, etc.). Trees shall not be placed 30 where they interfere with site drainage, subsurface utilities, or where they shall 31 require frequent pruning in order to avoid interferences with overhead power lines 32 and buildings. 33 34 a. An approved root barrier system shall be installed when the following 35 occurs: 36 37 i. Large canopy trees are planted closer than 15;ft.; to a building.; or 38 39 ii. Large canopy trees are planted closer than 10;ft.; to a sidewalk, 40 underground utility, or paved area with no curbing or curbing which 41 extends less than 18;inches; below grade (see Figure 4.06.05 IH.A. 42 below). 43 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 Figure 4.06.05 H I.A. 3 4 b. Tree and parking lot/pole lighting locations shall be designed so as not to 5 conflict with one another. 6 7 i. Parking lot/pole lighting shall not be located in landscape islands 8 with trees. 9 10 ii. Parking lot/pole lighting shall be located a minimum of 12.5 feet 11 from the trunk of a tree (see Figure 4.06.05 H I.B. below) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 16 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 Figure 4.06.05 I H.B. 3 4 * * * * * * * * * * * * * 5 6 IJ. Location requirements for signage adjacent to landscape buffer. 7 8 1. Signage located within/adjacent to landscape buffer area. All trees and shrubs 9 located within the landscape buffer shall be located so as not to block the view of 10 signage as shown in Figure 4.06.05 I J.1. below, Signage adjacent to landscape 11 buffer. Sign locations shall be shown on the landscape plan and 100 square feet 12 of landscaping shall be provided as required by LDC section 5.06.04 F. 13 14 Figure 4.06.05 I J.1. - Signage adjacent to landscape buffer 15 16 JK. Treatment of slopes. The landscape and engineering standards in Slope Table 4.06.05 17 JK and Slope Cross Sections 4.06.05 JK. shall apply to all landscape areas, except the 18 following: 19 20 1. Single family lots, however, this exception shall not apply to berms or swales within 21 platted easements; DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 17 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 * * * * * * * * * * * * * 3 Slope Table 4.06.05 KJ. 4 Slope Ratio Slope Treatment. See a. below. Grass. See Figure 3 below. No Steeper Than 4:1 (4 horizontal to 1 vertical) Trees, Ground Covers, Ornamental Grasses, and Shrubs. Trees, Ground Covers, Grass, Ornamental Grasses, and Shrubs. See Figure 2 below. Requires 50 percent surface coverage at time of installation and 80 percent coverage within 1 year and avoid soil erosion No Steeper Than 3:1 (3 horizontal to 1 vertical) Toe of slope shall be set back a minimum of 2 feet from sidewalks and paved surfaces. Rip-rap or other forms of erosion and scour protection. See Figure 1 below. When used for water management systems within a required buffer pursuant to LDC section 4.06.02 D, rip-rap or other forms of erosion and scour protection are permitted only in concentrated, rapid flow water management areas or sloped areas less than 200 square feet with a maximum height of 30 inches. No Steeper Than 2:1 (2 horizontal to 1 vertical) Slopes requiring stabilization with ground covers or vines shall provide 80 percent coverage within 1 year. Permanent slope stabilization systems are required on all slopes steeper than 2:1 and no steeper than 1:1. Stabilization systems shall require engineered plans signed and sealed by a Professional Engineer, Architect, or Landscape Architect registered in the State of Florida. Stabilization systems if visible from any road, access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80 percent opacity within 1 year. In addition when a system is located within a landscape buffer all buffer plantings shall be located on the high or elevated side in a minimum 5 foot wide planting area with a slope no greater than 10:1. Stabilization systems shall not exceed 3 feet in height and shall not be located on lake banks or in lake maintenance easements. No Steeper Than 1:1 (1 horizontal to 1 vertical) Set back requirements from sidewalks or paved surfaces shall be a minimum of 2 feet. Vertical Retaining Walls. See b, c, and d. below, See Also Alternative A & B below. Walls over 30 inches in height shall require engineered plans signed and sealed by a Professional Engineer, Architect, or Landscape Architect registered in the State of Florida. Wall shall be architecturally finished or provide a natural appearance. See e. below. Steeper Than 1:1 Walls if visible from any road, access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80 percent opacity within 1 year. In addition when a wall is located within a landscape buffer all buffer plantings shall be located on the DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 18 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx high or elevated side of the wall in a minimum 5 foot wide planting area with a slope no greater than 10:1. 1 2 Slope Table 4.06.05 JK. Notes: 3 4 a. Slopes adjacent to required preserve areas shall be planted with 100% Florida 5 native species, shall provide swales to direct water flow away from preserves, and 6 meet setbacks as required by LDC section 3.05.07.H.3. 7 8 * * * * * * * * * * * * * 9 10 e. Architectural finish requires color, texture, and materials that are in common with 11 those used on surrounding structures. Exposed concrete walls are prohibited. 12 Natural appearance requires color, texture, and materials that mimic or occur in 13 nature. 14 15 Slope Cross Sections 4.06.05. KJ. 16 17 * * * * * * * * * * * * * 18 19 KL. Maintenance of landscaping. 20 21 * * * * * * * * * * * * * 22 23 LM. Irrigation system requirements. 24 25 * * * * * * * * * * * * * 26 27 MN. Post-installation landscape certificate of compliance. 28 29 * * * * * * * * * * * * * 30 31 NO. Water management areas. 32 33 * * * * * * * * * * * * * 34 # # # # # # # # # # # # # 35 36 4.08.05 - Baseline Standards 37 38 * * * * * * * * * * * * * 39 40 M. Standards applicable to wetlands outside of FSAs, HSAs, WRAs, and the ACSC. 41 Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in 42 accord with the following criteria: 43 44 * * * * * * * * * * * * * 45 46 8. Mitigation Requirements. Mitigation shall be required for direct impacts to 47 wetlands, such that the wetland functional score of the mitigation equals or 48 exceeds the wetland functional score of the impacted wetlands. DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 19 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 * * * * * * * * * * * * * 3 4 c. Protection shall be provided for preserved or created wetland or upland 5 vegetative communities offered as mitigation by placing a conservation 6 easement over the land in perpetuity, providing for initial exotic plant 7 removal (Class I invasive exotic plants defined by the Florida Exotic Plant 8 Council Florida Invasive Species Council) and continuing exotic plant 9 maintenance, or by appropriate ownership transfer to a state or federal 10 agency along with sufficient funding for perpetual management activities. 11 12 * * * * * * * * * * * * * 13 # # # # # # # # # # # # # 14 15 5.04.05 - Temporary Events 16 17 A. Special Events. This section establishes the location and development standards for 18 special events, including temporary market events, sales and promotional events, and 19 sports, religious, community events, and events in County right-of-way. 20 21 * * * * * * * * * * * * * 22 23 5. Events in County Right-of-Way. 24 25 * * * * * * * * * * * * * 26 27 c. At a minimum, temporary use permit applications for events shall be 28 reviewed by the following Collier County departments, divisions, and 29 outside agencies: 30 31 i. Collier County Growth Management Community Development 32 Department shall determine compliance with all applicable 33 requirements. 34 35 ii. Collier County Sherriff's Office shall determine whether any 36 additional security or police service is necessary. 37 38 * * * * * * * * * * * * * 39 # # # # # # # # # # # # # 40 41 5.05.04 - Group Housing 42 43 * * * * * * * * * * * * * 44 45 D. All other care housing environments as defined in this Code, including, but not limited to, 46 care units, assisted living units, continuing care retirement communities, nursing homes, 47 and dwelling units that are part of an aging-in-place living environment, shall adhere to the 48 following standards in addition to those established by the underlying zoning district. 49 50 * * * * * * * * * * * * * DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 20 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 # # # # # # # # # # # # # 2 3 5.05.08 - Architectural and Site Design Standards 4 5 * * * * * * * * * * * * * 6 7 B. Applicability. The provisions of LDC section 5.05.08 shall apply to the zoning districts, 8 locations, and to existing buildings as established below. 9 10 * * * * * * * * * * * * * 11 12 4. Exceptions 13 14 * * * * * * * * * * * * * 15 16 d. The following shall be exempt from the standards of LDC section 5.05.08, 17 but shall comply with the exterior building color standards identified in LDC 18 section 5.05.08 D.13.b. 19 20 i. Routine repairs and maintenance of an existing building. 21 22 ii. Public utility ancillary systems provided that a building shall not 23 have any wall planes exceeding 35 feet in length, excluding storage 24 tanks, or have an actual building height greater than eighteen (18) 25 feet, excluding storage tanks and communications equipment. See 26 LDC section 4.06.05 CB.4 for screening requirements of fences and 27 walls surrounding public utility ancillary systems. 28 29 * * * * * * * * * * * * * 30 # # # # # # # # # # # # # 31 32 5.05.12 - Specific Standards for Public Utility Ancillary Systems in Collier County. 33 34 * * * * * * * * * * * * * 35 36 G. Landscaping and buffering shall conform to the requirements of LDC section 4.06.05 37 CB.4. 38 39 5.06.04 - Development Standards for Signs in Nonresidential Districts. 40 41 * * * * * * * * * * * * * 42 43 F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall signs, and 44 mansard signs shall be allowed in all nonresidential zoning districts subject to the 45 restrictions below: 46 47 * * * * * * * * * * * * * 48 49 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless 50 of the size of an outparcel, shall be limited to the following: DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 21 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 a. In addition to any wall signs permitted by this Code, outparcels may by be 3 allowed 1 additional 60 square foot wall sign facing the shopping center if 4 the additional sign is not oriented towards any public right-of-way. In no 5 case shall the number of wall signs for an outparcel exceed 2 signs; and, 6 7 * * * * * * * * * * * * * 8 # # # # # # # # # # # # # 9 10 6.06.03 – Streetlights 11 12 A. Streetlights shall be designed and installed utilizing the IES standards for each street, 13 intersection at required intervals along each street and at the end of each cul-de-sac. The 14 IES standards for this street lighting are per ANSI/IES RP-8-22 IESNA RP 8.00, except 15 as below: 16 17 * * * * * * * * * * * * * 18 19 C. All sidewalks not directly lighted by street lighting that interconnect developments must be 20 lighted to pedestrian level standards per ANSI/IES RP-8-22 IESNA RP-8-00. 21 22 * * * * * * * * * * * * * 23 # # # # # # # # # # # # # 24 25 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments 26 Thereof 27 28 A.Generally. 29 30 * * * * * * * * * * * * * 31 32 5.School Board Review Exemption. 33 34 a.School board review("SBR") application contents. The SBR application 35 submittal will be in accordance with LDC section 10.02.03 of the Code, but 36 will be accorded an expedited process as outlined in the Manual for County 37 Consistency and Site Plan Reviews of educational facilities and ancillary 38 plants, as may be amended by agreement between the Board of County 39 Commissioners and the Collier County School Board. This document is 40 available in the Records Room of the Community Development and 41 Environmental Services Building. 42 43 b. The expedited site plan for school board review, as referenced in LDC 44 section 10.02.03 A. 3 5.a. of the Land Development Code, will consist of 45 the following areas of review: 46 47 i. Collier County Utilities Standards and Procedures, Ordinance No. 48 04-341, as may be amended. In accordance with this Ordinance, 49 the following requirements must be met: DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 22 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 * * * * * * * * * * * * * 3 4 ii.Compatibility review. The County will conduct a compatibility review 5 that will take into account the Architectural and Site Design 6 Standards contained within Section 5.05.08 of the LDC in effect at 7 the time a SBR Letter of Compliance is requested and that pertain 8 to issues of compatibility with surrounding uses, complementary 9 patterns of development and mitigation of negative impacts, limited 10 to compatibility issues, external sidewalks and pathway 11 connections, lighting, dumpster location and screening and 12 orientation of buildings and ancillary facilities. In addition, The Utility 13 Billing and Customer Service ("UBCS") Department shall ascertain 14 that there is ample space for the trash dumpster(s) or compactor(s) 15 and for the trash collection franchisee to maneuver trucks in and 16 out of the space allowed for the dumpster(s) or compactor(s). With 17 the exception of high school facilities, this compatibility review will 18 be a courtesy review. For high school facilities, this will be a formal 19 review process and is subject to the appeal process set forth in this 20 section 10.02.03(A)(35 )(c) of the Code in the event that the County 21 denies the application based on non-compliance with the items 22 listed in this paragraph. 23 24 * * * * * * * * * * * * * 25 26 c. School board review ("SBR") process. The SBR for School Board projects 27 shall be reviewed under the following expedited process: 28 29 i. The SBR application will be reviewed only as to the criteria set forth 30 in LDC section 10.02.03 A. 35.a. 31 32 ii. The SBR application submittal must be in accordance with section 33 10.02.03 of the Code, but only as to those submittal requirements 34 which are consistent with the review criteria set out in LDC section 35 10.02.03 A. 35. 36 37 * * * * * * * * * * * * * 38 39 d. Consistency review. The following process will be followed with respect to 40 future educational plant and ancillary plant sites, prior to acquisition, for 41 both the determination of consistency with the Collier County GMP 42 locational criteria and whether the Plant is a permitted use, conditional use, 43 or prohibited use in the zoning district on the site. Consistency with all other 44 Elements of the GMP will be reviewed during the aforementioned SBR 45 process. DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 23 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 i. The consistency review will be conducted as follows: 3 4 * * * * * * * * * * * * * 5 6 (d) Within 45 days of the submission of the information outlined 7 in LDC Section 10.02.03 A.3 5.d.i.(c) of this Code, the 8 County will provide written comments and 9 recommendations to the School District along with a 10 determination of the site's consistency with the GMP 11 locational criteria and LDC zoning districts. Necessary on- 12 site and off-site improvements will be identified for these 13 sites and the parties responsible for these improvements to 14 the extent this can be determined during this locational 15 consistency review. 16 17 (e) Letter of Consistency. After the County review, the County 18 Manager or his designee, or his designee, shall issue a 19 Letter of Consistency for the GMP locational criteria and 20 whether the Plant is a permitted use, conditional use or 21 prohibited use in the zoning district on the site, which shall 22 evidence the County's determination of consistency as 23 required by Section 1013.33(116) Florida Statutes. 24 25 (f) After the County has determined that the site is consistent 26 with the GMP locational criteria and LDC zoning districts, 27 the School District shall have up to 1 year to acquire the site. 28 Once the site is acquired, the site shall be deemed to remain 29 consistent regardless of later changes to either the GMP or 30 LDC. 31 32 (g) After the School District acquires the site and provides the 33 necessary documentation for the County to initiate an 34 amendment to the GMP, the County and School District will 35 enter into a written agreement as part of the pre-application 36 process detailed in section 10.02.03 A. 3 5.c.iv.(6) of the 37 code, as to the timing and location, and the entity or entities 38 responsible for construction, operation and maintenance of 39 the required improvements. 40 41 * * * * * * * * * * * * * 42 # # # # # # # # # # # # # 43 44 10.02.08 – Requirements for Amendments to the Official Zoning Atlas DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 24 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 2 * * * * * * * * * * * * * 3 4 I. Restrictions, stipulations and safeguards. The Planning Commission may recommend that a 5 petition to amend, supplement or establish a zoning district be approved subject to 6 stipulations, including, but not limited to limiting the use of the property to certain uses 7 provided for in the requested zoning district. The governing body, after receiving the 8 recommendation from the Planning Commission on a request to amend, supplement or 9 establish a zoning district, may grant or deny such amendment or supplement and may make 10 the granting conditional upon such restrictions, stipulations and safeguards as it may deem 11 necessary to ensure compliance with the intent and purposes of the Growth Management 12 Plan. 13 14 * * * * * * * * * * * * * 15 16 2. Dedication of public facilities and development of prescribed amenities. 17 a. Public facility dedication. The Board of County Commissioners may, as a condition 18 of approval and adoption of the rezoning required that suitable areas for streets, 19 public rights-of-way, schools, parks, and other public facilities be set aside, 20 improved, and/or dedicated for public use. Where impact fees are levied for 1 or 21 more such public facilities, the market value of the land set aside for the public 22 purpose shall be credited towards impact fees to the extent authorized by the 23 County's Consolidated Impact Fee Ordinance. Said credit shall be based on a 24 negotiated amount not greater than the market value of the set aside land prior to 25 the rezoning action, as determined by an accredited appraiser from a list approved 26 by Collier County. Said appraisal shall be submitted to the County Attorney's office 27 and the real property office within 90 days of the date of approval of the rezone, or 28 as otherwise extended in writing by Collier County, so as to establish the amount of 29 any impact fee credits resulting from said dedication. Failure to provide said 30 appraisal within this 90-day time frame shall automatically authorize the county to 31 determine the market value of the property. Impact fee credits shall only be effective 32 after recordation of the conveyance document conveying the dedicated property to 33 Collier County. Where the term Collier County is used in this section, it shall be 34 construed to include the Collier County Water and Sewer District or other agency 35 or dependent dependant district of Collier County Government. 36 37 * * * * * * * * * * * * * 38 # # # # # # # # # # # # # 39 40 APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED 41 IMPROVEMENTS 42 43 The following specimen forms are to be used as a guide for preparation of bonding instruments 44 which will be submitted to the Collier County Board of County Commissioners for guaranteeing 45 the completion of required improvements with respect to this Code. Adherence to the forms will 46 ensure assure an expeditious review by the Development Review Services Division and the 47 Collier County Attorney's Office. Deviation in substance or form from the suggested specimen DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 25 G:\LDC Amendments\Current Work\Scrivener's Errors (PL20250005385)\Drafts\DSAC-LDR\PL20250005385 LDCA 7-24-25 Edited New Highlighted text update AG.docx 1 forms may result in a substantial delay or disapproval of the bonding provisions for Required 2 Improvements by the Development Review Services Division or the County Attorney's Office. 3 These specimen forms may be revised from time to time by resolution of the Board of County 4 Commissioners. 5 6 * * * * * * * * * * * * * 7 # # # # # # # # # # # # # 8 9 APPENDIX C – FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND 10 SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION 11 12 * * * * * * * * * * * * * 13 14 B. DEDICATE TO COLLIER COUNTY: 15 16 1. The public rights-of-way (insert name) or depicted streets, roads, or access, as 17 follows: 18 19 TRACT "A" AS A PUBLIC ROAD RIGHT-OF-WAY (R.O.W.) SUBJECT TO THE 20 EASEMENTS DEDICATED AND DEPICTED HEREON (list all ROW easements) 21 WHICH EASEMENTS ARE SUBORDINATE TO, AND MAY NOT BE USED 22 INCONSISTENT WITH, THE USE OF THE RIGHTS-OF-WAY BY COLLIER 23 COUNTY FOR ROADWAY PURPOSES INCLUDING, BUT NOT LIMITED TO, 24 PAVEMENT, ROADWAY DRAINAGE, BIKE LANES, SIDEWALKS, AND 25 PATHWAYS. ALL (CONSERVATION or PRESERVE) (TRACTS or 26 EASEMENTS) WITHOUT RESPONSIBILITY FOR MAINTENANCE AND 27 SUBJECT TO THE CONDITIONS OF THE DEDICATION IN PARAGRAPH A. 7. 28 (name of appropriate paragraph) ABOVE. 29 30 * * * * * * * * * * * * * 31 # # # # # # # # # # # # # 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250006145 Removal of Prohibited Exotic Vegetation - LDCA (08-07-2025).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230018350 SUMMARY OF AMENDMENT This amendment updates the provisions related to the removal of prohibited exotic vegetation in the Land Development Code (LDC) by identifying additional site improvements that may occur without initiating the removal requirements. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR Subcommittee). ORIGIN Growth Management Community Development Department (GMCDD) HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 03.05.08 Requirement for Removal of Prohibited Exotic Vegetation CCPC TBD DSAC TBD DSAC-LDR 08/19/2025 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND The first tree protection ordinance was adopted by the County as Ord. No. 1973-23. It included provisions for a tree removal permit process, and it identified a short list of tree species that were exempted from protection. The ordinance was amended in 1974 and then repealed/replaced twice; once in 1975 and again in 1976, the latter of which representing the time when the County adopted comprehensive zoning regulations for the Coastal Area Planning District (i.e., Ord. No. 1976-30). When Ord. No. 1979-73 was adopted, the County started requiring the removal of exotic plants on properties where improvements were proposed, except on lands used for agricultural purposes or on properties zoned and platted for single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord. No. 1982-2); however, this new ordinance inadvertently omitted the Exotic Vegetation Section and was corrected in May 1982 with the adoption of Ord. No. 1982-37, reinstituting the requirement that exotics be removed on all lands, except for single-family residential use or agriculturally zoned lands. Additional changes to the code would be made over the years, notably with the adoption of Ord. No. 2004-08, which introduced the requirement for preserve management plans and the removal of exotic vegetation within the first 75 feet of the outer edge of every preserve; however, single family residences were specifically exempted. When the code was comprehensively updated again with the passage of Ord. No. 2004-41, the requirement for removing exotic vegetation prior to the issuance of a certificate of occupancy was extended to include new principal and accessory structures on single and two family lots. However, tents, awnings, cabanas, utility storage sheds, and screen enclosures were not exempted until the adoption of Ord. No. 2005-27. Subsequent amendments to LDC section 3.05.08 occurred in 2008 and 2015. At the Board hearing on December 12, 2023, under Staff and Commission General Communications, Commissioner Hall requested that staff update the LDC as it pertains to the removal of exotic vegetation. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC- LDR Subcommittee). An earlier iteration of this amendment was presented to the DSAC-LDR Subcommittee, 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250006145 Removal of Prohibited Exotic Vegetation - LDCA (08-07-2025).docx who recommended approval but with changes. However, on February 7, 2024, the DSAC recommended denial of the amendment, expressing the following concerns: 1. The LDC amendment is unfair, because developers will incur the cost of removing exotics on their own property when the seed-source (of prohibited exotic plant material) will be from neighboring properties, and that a cleared area of 7.5 feet is insufficient. Most of the damage from hurricanes occur from the exotic vegetation flying around during high winds. 2. Understands the removal of exotic plants is for the betterment of the whole community. The requirement to remove exotics is a good requirement. 3. The LDC amendment would perpetuate the spreading of exotics, as noted by observing the presence of pepper hedge on vacant lots along the rights-of-way. 4. The LDC amendment is unfair in that it exempts residential but not commercial. 5. Will create confusion with respect to the lots in Golden Gate (Estates), as many have wetlands and are required to remove exotics for their DEP and federal permitting (County species vs. State and Federal species). On March 7, 2024, the CCPC also reviewed the earlier iteration of this amendment and unanimously voted to deny it. On March 12, 2024, staff requested direction from the Board to advertise the draft Ordinance; however, the Board voted to continue the item. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. EXHIBITS: Exhibit A – PL20230018350 Previous Iteration and Exhibit B – BCC Minutes 03/12/2024 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250006145 Removal of Prohibited Exotic Vegetation - LDCA (08-07-2025).docx Amend the LDC as follows: 1 3.05.08 – Requirements for Removal of Prohibited Exotic Vegetation 2 3 Prohibited exotic vegetation specifically includes the following: 4 5 Earleaf acacia (Acacia auriculiformis) 6 7 Australian pine (Casuarina spp.) 8 9 Melaleuca (Melaleuca spp.) 10 11 Catclaw mimose (Minosa pigra) 12 13 Downy rosemyrtle (Rhodomyrtus tomentosa) 14 15 Brazilian pepper (Schinus terebinthifolius) 16 17 Java plum (Syzygium cumini) 18 19 Women's tongue (Albizia lebbeck) 20 21 Climbing fern (Lygodium spp.) 22 23 Air potato (Dioscorea bulbifera) 24 25 Lather leaf (Colubrina asiatica) 26 27 Carrotwood (Cupaniopsis anacardioides) 28 29 A. General. 30 31 1. Prohibited exotic vegetation removal and methods of removal shall be conducted 32 in accordance with the specific provisions of each local development order. 33 34 2. Native vegetation shall be protected during the process of removing prohibited 35 exotic vegetation, in accord with the provisions of LDC section 3.05.04. 36 37 3. Prohibited exotic vegetation shall be removed from the following locations, and 38 within the following timeframes: 39 40 a. From all rights-of-way, common area tracts not proposed for development, 41 and easements prior to preliminary acceptance of each phase of the 42 required subdivision improvements. 43 44 b. From each phase of a site development plan prior to the issuance of the 45 certificate of occupancy for that phase. 46 47 4 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250006145 Removal of Prohibited Exotic Vegetation - LDCA (08-07-2025).docx c. From all golf course fairways, roughs, and adjacent open space/natural 1 preserve areas prior to the issuance of a certificate of occupancy for the 2 first permitted structure associated with the golf course facility. 3 4 d. From property proposing any enlargement of existing interior floor space, 5 paved parking area, or substantial site improvement prior to the issuance 6 of a certificate of occupancy. 7 8 4. In the case of the discontinuance of use or occupation of land or water or structure 9 for a period of 90 consecutive days or more, property owners shall, prior to 10 subsequent use of such land or water or structure, conform to the regulations 11 specified by this section. 12 13 5. Verification of prohibited exotic vegetation removal shall be performed by the 14 County Manager or designee.6.Herbicides utilized in the removal of prohibited 15 exotic vegetation shall have been approved by the U.S. Environmental Protection 16 Agency. Any person who supervises up to eight (8) people in the application of 17 pesticides and herbicides in the chemical maintenance of exotic vegetation in 18 preserves, required retained native vegetation areas, wetlands, or LSPA shall 19 maintain the Florida Dept. of Agriculture and Consumer Services certifications for 20 Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent 21 upon the specific area to be treated. When prohibited exotic vegetation is removed, 22 but the base of the vegetation remains, the base shall be treated with an U.S. 23 Environmental Protection Agency approved herbicide and a visual tracer dye shall 24 be applied. 25 26 B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the County 27 Manager or designee for review on sites which require prohibited exotic vegetation 28 removal prior to the issuance of the local development order. This maintenance plan shall 29 describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the 30 site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a 31 minimum. Issuance of the local development order shall be contingent upon approval of 32 the maintenance plan. Noncompliance with this plan shall constitute violation of this 33 section. The County Manager or designee shall inspect sites periodically after issuance of 34 the certificate of occupancy, or other final acceptance, for compliance with this section. 35 36 C. Applicability to new structures and to additions on single-family and two-family lots. 37 38 1. In addition to the other requirements of this section, the applicant shall be required 39 to remove all prohibited exotic vegetation before a certificate of occupancy is 40 granted on any new principal or accessory structure and any additions to the 41 square footage of the principal or accessory structures on single-family or two-42 family lots. For lots zoned Estate District (E) that have been issued a certificate of 43 occupancy, the applicant shall only be responsible for removing prohibited exotic 44 vegetation within 30 feet of the addition or modification of structure(s) described in 45 any permit application submitted for principal or accessory structures on or after 46 December 12, 2023. 47 48 2. The requirement to remove prohibited exotic vegetation This shall not apply to 49 tents, awnings, fences, cabanas, utility storage sheds under 60 square feet, or 50 5 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250006145 Removal of Prohibited Exotic Vegetation - LDCA (08-07-2025).docx screened enclosures not having a roof impervious to weather. This shall not apply 1 to interior remodeling of any existing structure. 2 3 3. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon 4 issuance of a vegetation removal permit, subject to the provisions in LDC section 5 3.05.02 F. and G., prohibited exotic vegetation may be removed prior to issuance 6 of a building permit. 7 8 D. Exceptions. Prohibited exotic vegetation may remain on property when the County 9 Manager or designee receives a request from the property owner to retain the vegetation. 10 The County Manager or designee shall approve such a request upon finding that at least 11 one of the following criteria has been met. 12 13 1. The prohibited exotic vegetation has been previously approved through the County 14 development review process and planted in accordance with the landscape 15 requirements at the time of final local development order approval. 16 17 2. The subject lot is developed with, or proposed to be developed with, a single family 18 dwelling unit, and: 19 20 a. is not within the RFMU Sending Lands overlay district; and 21 22 b. is not within a NRPA overlay district; and 23 24 c. is not located on a undeveloped coastal barrier island; and 25 26 d. the vegetation requested to be retained is an existing Java plum tree(s) that 27 has attained a single-trunk diameter at breast height (DBH) of 18 inches or 28 more. 29 30 3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such 31 vegetation occurs within a bald eagle nest protection zone, removal shall be in 32 accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle 33 Management Guidelines, or as otherwise permitted by the FWC and/or USFWS. 34 Where a bald eagle nest is determined to be "lost" as defined by the FWC, such 35 vegetation shall be removed as required by LDC section 3.05.08. 36 37 # # # # # # # # # # # # # 38 SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 12, 2024 Add-on Item 16H4: Proclamation designating March 21 – 31, 2024, as the 48th Anniversary of the Collier Fair. The proclamation will be mailed to Rhonda Ward, Collier Fair Manager. (Commissioner McDaniel’s Request) Move Item 3C1 to the March 26, 2024, BCC Meeting: Recognizing Nolan Sapp for his 46 years of dedicated public safety service upon retirement. (Staff Request) Move Item 17A to 9A: This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an effective date. (Companion to Item 17B) (Commissioner LoCastro’s Request) Move Item 17B to 9B: Recommendation to approve an ordinance amending the Future Land Use Element and Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail Mixed Use Subdistrict, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses, and up to 75 travel trailer-recreational vehicle campground units. The subject property is located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in section 18, township 51 south, range 27 east, Collier County, Florida, consisting of 33.523± acres. (Companion to Item 17A) Commissioner LoCastro’s Request) Move Item 16A14 to 11F: Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. (By separate requests of Commissioners LoCastro, Kowal, and Hall) Move Item 16F7 to 11G: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project No. 50280). (By separate requests of Commissioners LoCastro and Kowal) Notes: Item 16B7 should be corrected to read as follows: Recommendation to authorize electronic submission by staff the County Manager or designee of a Small County Outreach Program for Rural Areas of Opportunities application with the Florida Department of Transportation to fund the construction of a paved shoulder to improve safety on a segment of Immokalee Road (CR 846E) in the amount of $999,855.21. Item 17A, Attachment A – Revised Ordinance, Exhibit F, under “VI. HOURS OF OPERATION” the following language should be added: B. Every 5 years from the date of adoption of the Ordinance, staff will provide a report to the Collier County Board of County Commissioners on the hours of operation for loading and crushing of concrete, the impacts to owners and whether any complaints have been made to the County. Upon a finding of public purpose, the Board reserves the right to modify the hours of operation to 8 a.m. to 6 p.m. at such meeting without an advertised hearing.” TIME CERTAIN ITEMS: Item 10A to be heard 9:30 AM: Recommendation to submit a Community Project Funding application to Congressman Mario Diaz-Balart for $6 million to construct a Collier County Veterans Services Center and Museum. Item 11A to be heard at 10:30 AM: Recommendation to review a proposed amendment to Ordinance 2002-63, which established the Conservation Collier Program, which will be advertised for a future Board meeting. Item 11B to be heard at 1 PM: After-action report for the 2024 Florida legislative session. Item 11C to be heard no sooner than 1:30 PM: Recommendation to accept a project update on the Collier County Behavioral Health Center and proceed with the design for 87 total beds. 3/12/2024 3:53 PM 03/12/2024 EXECUTIVE SUMMARY Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. OBJECTIVE: To direct staff to advertise and bring back an Ordinance amending the Land Development Code LDC) to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. CONSIDERATIONS: The first tree protection ordinance was adopted by the County as Ord. No. 1973-23. It included provisions for a tree removal permit process and identified a short list of tree species that were exempted from protection. The ordinance was amended in 1974 and then repealed/replaced twice, once in 1975 and again in 1976, the latter of which represents the time when the County adopted comprehensive zoning regulations for the Coastal Area Planning District (Ord. No. 1976-30). When Ord. No. 1979-73 was adopted, and the County started requiring the removal of exotic plants on properties where improvements were proposed, except on lands used for agricultural purposes or on properties zoned and platted for single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord. No. 1982-2); however, this new ordinance inadvertently omitted the Exotic Vegetation Section and was corrected in May 1982 with the adoption of Ord. No. 1982-37, reinstituting the requirement that exotics be removed on all lands, except for single-family residential use or agriculturally zoned lands. Additional changes to the code would be made over the years, notably with the adoption of Ord. No. 2004 -08 introduced the requirement for preserve management plans and the removal of exotic vegetation within the first 75 feet of the outer edge of every preserve; however, single family residences were specifically exempted. When the code was comprehensively updated again with the passage of Ord. No. 2004-41, the requirement for removing exotic vegetation prior to the issuance of a certificate of occupancy was extended to include new principal and accessory structures on single and two family lots. However, tents, awnings, cabanas, utility storage sheds, and screen enclosures were not exempted until the adoption of Ord. No. 2005-27. Subsequent amendments to LDC section 3.05.08 occurred in 2008 and 2015. At the Board hearing on December 12, 2023, under Staff and Commission General Communications, Commissioner Hall requested that staff update the LDC as it pertains to the removal of exotic vegetation. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC will review this Land Development Code amendment on March 7, 2024. DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: On February 7, 2024, the DSAC recommended denial of the proposed LDC amendment. Prior to voting, some members of the DSAC expressed the following concerns: 1. The LDC amendment is unfair, because developers will incur the cost of removing exotics on their own property when the seed-source (of prohibited exotic plant material) will be from neighboring properties, and that a cleared area of 7.5 feet is insufficient. Most of the damage from hurricanes occurs from the exotic vegetation flying around during high winds. 2. Understands the removal of exotic plants is for the betterment of the whole community. The requirement to remove exotics is a good requirement. 3. The LDC amendment would perpetuate the spreading of exotics, as noted by observing the presence of pepper hedge on vacant lots along the rights-of-way. 16.A.14 Packet Pg. 451 03/12/2024 4. The LDC amendment is unfair in that it exempts residential but not commercial. 5. Will create confusion with respect to the lots in Golden Gate (Estates), as many have wetlands and are required to remove exotics for their DEP and federal permitting (County species vs. State and Federal species). On January 16, 2024, the DSAC- Land Development Review Subcommittee (DSAC-LDR Subcommittee) recommended approval of the LDC amendment, contingent upon eliminating the proposed text on page 4, lines 39- 40 (“within the approved cleared area and within seven and one-half (7.5) feet from all property lines”) and the similar text on page 4, lines 48-49. FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an ordinance amending the LDC. The cost associated with advertising the Ordinance is estimated at $1,008.00. Funds are available within the Unincorporated Area General Fund (1011) and Zoning & Land Development Cost Center 138319). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote. -DDP GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. RECOMMENDATION: To direct staff to advertise and bring back an Ordinance amending the LDC for a public hearing. Prepared by: Eric L. Johnson, AICP, CFM, LDC Planning Manager, Zoning Division ATTACHMENT(S) 1. PL20230018350 - Updates to Removal of Exotics LDCA (03-05-2024) (PDF) 16.A.14 Packet Pg. 452 03/12/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 27826 Item Summary: Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. Meeting Date: 03/12/2024 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 02/09/2024 3:21 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 02/09/2024 3:21 PM Approved By: Review: Building Plan Review & Inspections Diane Lynch GMCDD Reviewer Skipped 02/12/2024 1:20 PM Zoning Mike Bosi Division Director Completed 02/13/2024 10:59 AM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 02/21/2024 5:15 PM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 02/26/2024 9:09 AM Growth Management Community Development Department Diane Lynch Department review Completed 02/27/2024 4:36 PM Unknown Jaime Cook Additional Reviewer Completed 03/04/2024 1:22 PM Growth Management Community Development Department James C French Growth Management Completed 03/04/2024 2:35 PM County Attorney's Office Derek D. Perry CAO Reviewer Completed 03/06/2024 8:30 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/06/2024 8:44 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/06/2024 9:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2024 11:16 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/06/2024 12:33 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM 16.A.14 Packet Pg. 453 1 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\03-12\Materials\PL20230018350 - Updates to Removal of Exotics LDCA (03-05-2024).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230018350 SUMMARY OF AMENDMENT This amendment updates the provisions related to the removal of prohibited exotic vegetation in the Land Development Code (LDC) by identifying additional site improvements that may occur without initiating the removal requirements. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR Subcommittee). ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED BCC 03/12/2024 03.05.08 Requirement for Removal of Prohibited Exotic Vegetation CCPC 03/07/2024 02/15/2024 DSAC 02/07/2024 DSAC-LDR 01/16/2024 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with Recommendations DSAC Denial CCPC TBD BACKGROUND The first tree protection ordinance was adopted by the County as Ord. No. 1973-23. It included provisions for a tree removal permit process, and it identified a short list of tree species that were exempt ed from protection . The ordinance was amended in 1974 and then repealed/replaced twice; once in 1975 and again in 1976, the latter of which representing the time when the County adopted comprehensive zoning regulations for the Coastal Area Planning District (i.e., Ord. No. 1976-30). When Ord. No. 1979-73 was adopted, the County started requiring the removal of exot ic plants on properties where improvements were proposed, except on lands used for agricultural purposes or on properties zoned and platted for single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord. No. 1982-2); however, this new ordinance inadvertently omitted the Exotic Vegetation Section and was corrected in May 1982 with t he adoption of Ord. No. 1982-37, reinstituting the requirement that exotics be removed on all lands, except for single-family residential u se or agriculturally zoned lands. Additional changes to the code would be m ade over the years, notably with the adoption of Ord. No. 2004-08, which introduced the requirement for preserve management plans and the removal of exotic vegetation within the first 75 feet of the outer edge of every preserve; however, single family residences were specifically exempted. When the code was comprehensively updated again with the passage of Ord. No. 2004-41, the requirement for removing exotic vegetation prior to th e issuance of a certificate of occupancy was extended to include new principal and accessory structures on single and two family lots. However, tents, awnings, cabanas, utility storage sheds, and screen enclosures were not exempted until the adoption of Ord. No. 2005-27. Subsequent amendments to LDC section 3.05.08 occurred in 2008 and 2015 . At the Board hearing on December 16.A.14.a Packet Pg. 454 2 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\03-12\Materials\PL20230018350 - Updates to Removal of Exotics LDCA (03-05-2024).docx 12, 2023, under Staff and Commission General Communications, Commissioner Hall requested that staff update the LDC as it pertains to the removal of exotic vegetation . DSAC-LDR Subcommittee Recommendation: On January 16, 2024, the DSAC-LDR Subcommittee recommended approval of the LDC amendment, contingent upon eliminating the proposed text on page 4, lines 39-40 (“within the approved cleared area and within seven and one-half (7.5) feet from all property lines”) and the similar text on page 4, lines 48-49. Staff did not incorporate any of the changes recommended by the DSAC -LDR Subcommittee. DSAC-Recommendation: On February 7, 2024, the DSAC recommended denial of the proposed LDC amendment. Prior to voting, some members of the DSAC expressed the following concerns: 1. The LDC amendment is unfair, because developers will incur the cost of re moving exotics on their own property when t he seed-source (of prohibited exotic plant material) will be from neighboring properties, and that a cleared area of 7.5 feet is insufficient . Most of the damage from hurricanes occur from the exotic vegetation flying around during high winds. 2. Understands the removal of exotic plants is for the betterment of the whole community. The requirement to remove exotics is a good requirement. 3. The LDC amendment would perpetuate the spreading of exotics, as noted by observing the presence of pepper hedge on vacant lots along the rights-of-way. 4. The LDC amendment is unfair in that it exempts residential but not commercial. 5. Will create confusion with respect to the lots in Golden Gate (Estates), as many have wetlands and are required to remove exotics for their DEP and federal permitting (County species vs. State and Federal species). FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment . GMP CONSISTENCY The proposed LDC amendment has been reveiwed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: None 16.A.14.a Packet Pg. 455 3 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\03-12\Materials \PL20230018350 - Updates to Removal of Exotics LDCA (03-05 -2024).docx Amend the LDC as follows: 1 3.05.08 – Requirements for Removal of Prohibited Exotic Vegetation2 3 Prohibited exotic vegetation specifically includes the following: 4 5 Earleaf acacia (Acacia auriculiformis) 6 7 Australian pine (Casuarina spp.) 8 9 Melaleuca (Melaleuca spp.) 10 11 Catclaw mimose (Minosa pigra) 12 13 Downy rosemyrtle (Rhodomyrtus tomentosa) 14 15 Brazilian pepper (Schinus terebinthifolius) 16 17 Java plum (Syzygium cumini) 18 19 Women's tongue (Albizia lebbeck) 20 21 Climbing fern (Lygodium spp.) 22 23 Air potato (Dioscorea bulbifera) 24 25 Lather leaf (Colubrina asiatica) 26 27 Carrotwood (Cupaniopsis anacardioides) 28 29 A. General. 30 31 1. Prohibited exotic vegetation removal and methods of removal shall be conducted32 in accordance with the specific provisions of each local development order. 33 34 2. Native vegetation shall be protected during the process of removing prohibited35 exotic vegetation, in accord with the provisions of LDC section 3.05.04. 36 37 3. Except for Estates (E) zoned lots as described in LDC section 3.05.08 C., 38 pProhibited exotic vegetation shall be removed from the following locations, and39 within the following timeframes: 40 41 a. From all rights-of-way, common area tracts not proposed for development, 42 and easements prior to preliminary acceptance of each phase of the43 required subdivision improvements. 44 45 b. From each phase of a site development plan prior to the issuance of the46 certificate of occupancy for that phase. 47 48 16.A.14.a Packet Pg. 456 4 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\03-12\Materials \PL20230018350 - Updates to Removal of Exotics LDCA (03-05 -2024).docx c. From all golf course fairways, roughs, and adjacent open space/natural1 preserve areas prior to the issuance of a certificate of occupancy for the2 first permitted structure associated with the golf course facility. 3 4 d. From property proposing any enlargement of existing interior floor space, 5 paved parking area, or substantial site improvement prior to the issuance6 of a certificate of occupancy. 7 8 4. In the case of the discontinuance of use or occupation of land or water or structure9 for a period of 90 consecutive days or more, property owners shall, prior to10 subsequent use of such land or water or structure, conform to the regulations11 specified by this section. 12 13 5. Verification of prohibited exotic vegetation removal shall be performed by the14 County Manager or designee.6.Herbicides utilized in the removal of prohibited15 exotic vegetation shall have been approved by the U.S. Environmental Protection16 Agency. Any person who supervises up to eight (8) people in the application of17 pesticides and herbicides in the chemical maintenance of exotic vegetation in18 preserves, required retained native vegetation areas, wetlands, or LSPA shall19 maintain the Florida Dept. of Agriculture and Consumer Services certifications for20 Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent21 upon the specific area to be treated. When prohibited exotic vegetation is removed, 22 but the base of the vegetation remains, the base shall be treated with an U.S. 23 Environmental Protection Agency approved herbicide and a visual tracer dye shall24 be applied. 25 26 B. Exotic vegetation maintenance plan. A maintenance plan shall be sub mitted to the County27 Manager or designee for review on sites which require prohibited exotic vegetation28 removal prior to the issuance of the local development order. This maintenance plan shall29 describe specific techniques to prevent reinvasion by prohibit ed exotic vegetation of the30 site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a31 minimum. Issuance of the local development order shall be contingent upon approval of32 the maintenance plan. Noncompliance with this plan shall constitute violation of this33 section. The County Manager or designee shall inspect sites periodically after issuance of34 the certificate of occupancy, or other final acceptance, for compliance with this section. 35 36 C. Applicability to new structures and to additions on single-family and two-family lots. In37 addition to the other requirements of this section, the applicant shall be required to remove38 all prohibited exotic vegetation before a certificate of occupancy is granted on any new39 principal or accessory structure and any additions to the square footage of the principal or40 accessory structures on single-family or two-family lots. For new structures and additions41 on Estates (E) zoned lots after [effective date of Ordinance], prohibited exotic vegetation42 shall be removed only from County approved cleared areas and also within seven and43 one-half (7.5) feet from all property lines, excluding rear yard electric service utility44 easements. This subsection C shall not apply to tents, awnings, cabanas, utility storage45 sheds, or screened enclosures not having a roof impervious to weather. This shall not46 apply to interior remodeling of any existing structure. 47 48 16.A.14.a Packet Pg. 457 5 G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2024\03-12\Materials \PL20230018350 - Updates to Removal of Exotics LDCA (03-05 -2024).docx The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance1 of a vegetation removal permit, subject to the provisions in LDC section 3.05.02 F. and2 G., prohibited exotic vegetation may be removed prior to issuance of a building permit. 3 4 D. Exceptions. Prohibited exotic vegetation may remain on property when the County5 Manager or designee receives a request from the property owner to retain the vegetation. 6 The County Manager or designee shall approve such a request upon finding that at least7 one of the following criteria has been met. 8 9 1. The prohibited exotic vegetation has been previously approved through the County10 development review process and planted in accordance with the landscape11 requirements at the time of final local development order approval. 12 13 2. The subject lot is developed with, or proposed to be developed with, a single family14 dwelling unit, and: 15 16 a. is not within the RFMU Sending Lands overlay district; and17 18 b. is not within a NRPA overlay district; and19 20 c. is not located on a undeveloped coastal barrier island; and21 22 d. the vegetation requested to be retained is an existing Java plum tree(s) that23 has attained a single-trunk diameter at breast height (DBH) of 18 inches or24 more. 25 26 3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such27 vegetation occurs within a bald eagle nest protection zone, removal shall be in28 accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle29 Management Guidelines, or as otherwise permitted by the FWC and/or USFWS. 30 Where a bald eagle nest is determined to be "lost" as defined by the F WC, such31 vegetation shall be removed as required by LDC section 3.05.08. 32 33 34 16.A.14.a Packet Pg. 458 March 12, 2024 Page 200 MS. PATTERSON: Commissioners, with your indulgence, we have two items that were pulled off of the consent agenda by Commissioner LoCastro and a couple of others, probably quick items that we could take before we got -- we're going to spend a little time on the budget policy, if you would be okay with that. Item #11F DIRECT STAFF TO ADVERTISE AND BRING BACK AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE TO UPDATE THE REGULATIONS RELATING TO THE REMOVAL OF PROHIBITED EXOTIC VEGETATION. (ALL DISTRICTS) - MOTION TO CONTINUE TO A FUTURE MEETING BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: The first item is now Item 11F, formerly -- hold on. I've got to get organized. Ha -- formerly 16A14. This is a recommendation to direct staff to advertise and bring back an ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. Ms. Jaime Cook is back again to answer questions or present. COMMISSIONER LoCASTRO: Mr. Chairman, I'll just say these two items are -- they're good-news things. So this is another example of where let's not let it get buried in the consent or summary agenda. You know, these are things we had previously talked about and, you know, you leave it in the consent or summary agenda and it gets passed, and maybe it doesn't get the spotlight it deserves, especially from the hard work from the staff here. So give us some good-news stories on 11F, and then also we'll March 12, 2024 Page 201 get a good update on what's actually going on at Caxambas. You know, a lot of misinformation out there as well, so... MS. COOK: Jaime Cook, your director of Development Review. So in 1979 the first exotic vegetation removal ordinances were passed in Collier County except for lots that are platted single-family and ag-zoned properties. Between 1979 and 2004, there were various iterations. Sometimes those requirements were removed; sometimes they were put back in. But, ultimately, in 2004 the requirement for exotic removal for new principal and accessory structures was required prior to a certificate of occupancy. In 2005, an exemption was added specifically for certain accessory structures, including screen enclosures, tents, awning, and other similar smaller structures. Back in December during your board meeting, during the commissioner comments toward the end of the meeting, I believe, Commissioner Hall, you raised this issue, and all of you had various circumstances that you brought forward of homeowners with this situation where they were being required to remove exotics, mostly for accessory structures, and directed us to take a look at the language and provide you with some potential updates. We've worked through that process and presented our proposed changes to the DSAC subcommittee in January, the full DSAC in February, and the Planning Commission last week. DCA recommended approval as long as we approved the proposed language, and both DCA and the Planning Commission recommended denial mostly because they felt that removal of exotics was for betterment of the community as well as that it created confusion in the instances where the homeowners may have to get state or federal permits for impacts to wetlands or other things where they're being required to remove exotics. March 12, 2024 Page 202 So the proposed language that we were presenting to you today is in Section 3.05.08 of the Land Development Code. And in Section A, staff is proposing to add that "except for Estates-zoned lots as described further below," which I'll get to in a minute, prohibited exotic vegetation is required to be removed." And this section of code specifically refers to subdivisions or commercial developments. So we were making it clear so that there was no confusion that these requirements would not apply to Estates-zoned properties. But the meat of the change is that in 3.05.08.C -- and the new additional language is highlighted in blue for you -- that for new structures and additions on Estates-zoned lots, after the effective date of this ordinance, which we're proposing to bring back to you the next meeting, prohibited exotic vegetation shall be removed only from the county-approved cleared areas and also within seven and a half feet from all property lines excluding rear yard electric service utility easements. And, again, it would not apply to some of those structures that were exempted back from 2005. So what staff is trying to envision, if you look on this aerial, the property on the top is one that has a house. It's been permitted. They've cleared about a half an acre. They haven't cleared a full acre, but they've requested to clear about a half an acre. So staff would recommend that exotics within that half acre, that shaded red area, would remain clear of exotic vegetation as well as the highlighted blue, which is about seven and a half feet around that property line. The property below has not been developed yet, but if it were to move forward with a building permit of some kind, that purple area is about one acre of clearing that they could do under their building permit as well as the seven and a half feet around the property, which is highlighted in yellow. March 12, 2024 Page 203 And the reason staff is recommending this seven and a half feet is because smaller zoned Estates lots, which are a little over an acre in size, their minimum setback from their property lines is seven and a half feet for all of their structures. This seven and a half feet on all property lines would give Fire the ability to get through in the event of a fire. For example, if there was a fire in the rear of the property, you can see that to the left of the screen, those properties are also vegetated in the rear, so that would make it difficult for Fire to get through. Additionally, it provides a fire break, that if there is a fire, there is some sort of break -- break line that fire would not necessarily be able to jump and impact any existing structures. Additionally, staff considered that these homeowners are able to put fences on their property lines. Most put it right at their property line. And if their neighbor isn't required to remove their exotics from their property line as well, it could impact their fence, potentially damaging it and costing that homeowner money to replace or repair their own fence. So with that, staff is recommending that you direct us to advertise the ordinance amending the Land Development Code with these changes, but I will turn it over to you for any questions or comments. CHAIRMAN HALL: Thank you, Ms. Cook. When I brought this up, I felt like this ordinance was onerous and cumbersome for the landowners, especially if they just wanted to add something. And my intention was if you want to build a new house, you've got to clear your exotics, clear them out in the beginning. We've had this -- we've had this ordinance 30 years, and it has not helped the exotics at all. They're still out there growing like wildfire. March 12, 2024 Page 204 But to require someone -- when would the seven-and-a-half-foot buffer -- that would come -- if we pass this like it is, people would be required to remove their exotics seven and a half feet on their property all the way around? MS. COOK: With the -- with this effective date, yes. But for -- but this -- the way the language was written, it would apply to -- for new structures and additions. CHAIRMAN HALL: And additions would be an addition to their home and not -- MS. COOK: So accessory structures; a garage or pool or something like that. CHAIRMAN HALL: So if somebody wanted to put a tool shed, they'd have to clear their exotics? MS. COOK: Only in the approved cleared area as well as the seven and a half feet, yes. CHAIRMAN HALL: Okay. I don't like it. I don't like it because I think it's not -- it's not doing what we want to do. We want to get out of the way for people. This is only the Estates. And if we approve this, I want to add Pine Ridge Estates in there as well. I don't want -- I mean, I take care of my exotics, and it's a lot of work, and I don't want to put that on people that don't want to do that. My neighbors, they don't take care of anything, and that's their business. COMMISSIONER LoCASTRO: They're listening. COMMISSIONER McDANIEL: You've got to move to a new hood. CHAIRMAN HALL: They're not listening. Trust me, they're not listening. COMMISSIONER LoCASTRO: I love my neighbors, by the way. I just want to go on the record. March 12, 2024 Page 205 CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I agree with Commissioner Hall. You know, when this came to us, he brought up an example that I had cross my path a couple times, too. And I don't want to oversummarize, but someone's trying to build a shed, the shed's -- and I'm just making up numbers. The shed's $2,000. Removing all the exotics is 10,000 or -- there was some crazy example. And I was hopeful that we would update a dated, dusty ordinance and have the legal authority -- you know, I realize that there are some standards when it comes to exotics and things, but I remember the open conversation was, let's do a deep dive. Let's blow the dust off this. Let's have, you know, government get out of the way. Let's let somebody buy a shed and not have the greatest expense be the removal of the exotics, and it's four times the price of the cost of the shed. You know, there was a couple of weird examples out there, and I can't remember if it was you, Ms. Cook, or somebody from the podium that said, yeah, that example pops up more often than you think. And our direction was, do we have the ability to fix it? Come back to us with something that fixes it. I don't think this does. It's got some new verbiage in it now. If the answer is, Commissioner, you really can't do -- you can't just make stuff go away, okay, well, then that's what I was expecting to hear, that, you know, we had a great idea, but it wasn't doable due to state statute something that governs exotics. But I was looking for something much more robust that would, you know, help the average citizen who wanted to put a shed in their backyard and not have to overly pay, you know, to remove exotics. I didn't know what the answer was, but I was hoping the answer would come to us and it would be aggressively different and more March 12, 2024 Page 206 supportive of the average citizen who was trying to do something and didn't have to go above and beyond and excessively pay for something. I don't think this does it either. So I concur with, you know, Commissioner Hall. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Is there a statute that requires us to impose exotic removal on the private sector? MS. COOK: Wetlands. Properties that have wetlands on them. COMMISSIONER McDANIEL: Only on wetlands. This isn't -- this doesn't have to do with that, because that's a separate permit for exotic removal in a wetland area. So this has to do with new construction. MS. COOK: Correct. COMMISSIONER McDANIEL: Well, I agree, this doesn't help. I have struggled with exotic removal on the private sector all my life -- in the private sector. I actually shared with you, and I'll say it out loud, it would be my -- it would be my wish to stop this imposition at all on the private sector until the government actually takes care of its own. I can drive up and down any right-of-way that's managed by the Florida Department of Transportation, the federal highway systems, even so far as our park system at the federal and state level that are fraught with exotics. And so this -- I consider this an imposition on the private sector far and above. I mean, I'll say it as well. We've just come off of this last legislative session, but one of my hopes is to convene a study to actually have a look at the environmental impacts that the existence of exotics have contributed to habitat, because we all know that the birds and the bears and panthers live in these pepper hedges. I use pepper as the primary example. CHAIRMAN HALL: That's the primary. March 12, 2024 Page 207 COMMISSIONER McDANIEL: But I don't think this gets us to where we want to go. I mean, it's -- even though there's consideration given for a firebreak, exotic removal is not a clearing of the entire seven and a half foot so that a truck could get down that fence line to be able to fight a fire in the back. There's still going to be natural vegetation that's still in that seven and a half feet, even if the -- even if the exotics are removed. My thought would be -- if you go back to where you had the picture up here -- if we eliminated the seven-and-a-half-foot perimeter and just asked for the clearing of the exotics out of the area where the home was going to be, I'm just -- I'm just throwing that out as something. CHAIRMAN HALL: I guess my point was, just to make it simple, that if you're going to build a new home, if you're going to tear down a house and rebuild another one, you've got to clear your exotics. That's a one-time deal. You've got equipment out there. It's a no-brainer. But if you're existing and you've lived there for 30 years and you want to put -- you've got your mom that you want to move in and you're going to add a bedroom on, leave the shade. You know, just -- that's cumbersome and onerous to add a bedroom and have to remove all exotics again. So it's just -- for new construction or a new lot, I can see it's beneficial, and it's known, it's known what's expected, and there's no surprises in the end if you want to do something -- if you want to put a tool shed on it. So that would just be my plain and simple. I understand the rationale, I really do, and the rationale's worthy. But for what I want to accomplish, it's just getting us out of the way and it not being ownersome [sic]. And I understand DSAC, and I understand the Planning Commission, because for new construction that's going to be on the builders, and that's going to be an expense March 12, 2024 Page 208 that they're going to have to -- but that's what they get paid the big bucks for. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I live in the Urban Estates, and I go around cutting some of the pepper plants and things like that, and two years later they've all grown back. So it doesn't really help to clear the property line and then -- because you've got to keep doing it year after year, and people aren't going to do that. And I would think even for new construction, to clear the whole property line, that would be a -- I think would be a rather expensive proposition. CHAIRMAN HALL: No, it's just the acre or half acre. COMMISSIONER SAUNDERS: Yeah. So I would agree that clearing the exotics out of -- either the acre or the half acre, that makes all the sense. But I would eliminate all of the other clearing, and -- because I just don't think it's effective, and even if you do it, it's going to -- they grow back pretty fast. CHAIRMAN HALL: Yep. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, I was under the impression that this was going to the drawing board, and you guys were going to come -- something back with us. It was going to be like -- you know, this was more on the lines that, you know, the gentleman that wanted to put the tool shed on his property. He had a $2,000 tool shed and spent $8,000 to clear the exotics before he's allowed to go out there and cut some wood or hammer some nails. You know, I was assuming you were going to come back with something saying, all right, well, if you're going to put a structure like a lanai, a fenced-in or an extra garage on the property, it would be certain buffer around that that would be required to clear the exotics, March 12, 2024 Page 209 because now it's a new structure, and keep a little fire barrier away from it, but not 600 feet down one side, 600 feet down the other side, and 140 feet across the back and a 7-foot swath. And, you know, it just seemed like a lot more than I thought that we were really looking for or trying to achieve with the whole idea of going to the drawing board with this. And -- so that's what I was more or less looking for, you guys coming back saying, yeah, it makes sense. You've got a structure, you want to add a structure, we'll figure out a ratio how far out you've got to take the exotics and clear it, and then we're good to go. You get your occupancy permit. You're not clearing the 600 feet to the back, like it was before. You know, you've got to clear the whole lot every time you apply for the permit. But how ironic it is that we just spent hours today with Conservation Collier and about the Maintenance Fund and how important it is to have, and the first things we do is we go in and clear the exotics. It's our biggest expense of the Maintenance Fund is clearing exotics on property that we buy with that money, and we maintain it on a yearly basis. We revisit it and cut it out again and cut it out again and cut it out again, but then we're talking about here we don't want to, you know, put that burden on the citizens, but then we don't have the problem putting the burden on the overall taxpayers. So, I mean, sometimes we need to re-think the game here, you know. So... CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Which part of the game do you want to re-think? COMMISSIONER KOWAL: I'm just saying, we just talked how much money we're going to need for maintenance into perpetuity, and the biggest part of that money we talk about is the clearing the exotics. That's the biggest part of the maintenance -- March 12, 2024 Page 210 COMMISSIONER McDANIEL: I'm aware. COMMISSIONER KOWAL: -- is clearing the exotics. But then you're saying they like to hide in the pepper bushes. I don't know. COMMISSIONER McDANIEL: Well -- and that is a fact. COMMISSIONER KOWAL: So... COMMISSIONER McDANIEL: There's no magic wand for this. I mean, if -- you know, I'm sure at the beginning of time when pepper bushes and Melaleucas were first introduced, there was a reason for them to be here, but now they're everywhere, and they've actually become a part of our ecosystem from a habitat standpoint for the wildlife. I think if we were -- to accomplish what we're looking to do, if we go back to the language portion of the suggestion here, if we make it for new structures, not additions, make it for the whole county, not just the Estates, and eliminate the seven-and-a-half-foot perimeter buffer, we at least get a start on relief on the community from the imposition of the clearing. I see the two gentlemen standing up. MR. BOSI: Mike Bosi, Planning and Zoning director. Just a clarification. So you're talking Estates-zoned lots, single-family lots, any residential properties would be exempt from what we were proposing, and PUDs? COMMISSIONER McDANIEL: Residential and commercial. I don't think it's -- I don't think -- I mean, if you need to have two acres for a commercial building, then you clear the two acres. If you need a half an acre for your house, you clear the half an acre. If you want to put an addition on a home that's already there, you shouldn't have an additional imposition of a seven-and-a-half-foot perimeter clearing that as -- I shared with Commissioner Saunders, I spent -- I spent four hours on the wrong March 12, 2024 Page 211 end of a chainsaw Sunday taking care of exotics at my house and didn't even touch them, so -- because it's a never -- it's a no -- it's a zero-sum game. There's -- there's no beating them. Because if I live next to Commissioner Saunders, my cardinals fly over and eat his pepper berries and then come over and go to the bathroom on my property, and I'm propagated because you weren't cleaning your pepper bushes. CHAIRMAN HALL: You got fresh peppers. COMMISSIONER McDANIEL: Yeah, I get fresh pepper berries. So -- and I don't know -- if the goal here for us is to lift the imposition on the private sector with regard to this, then let's minimize the exposure they have for -- to whatever it is that they're looking to actually build and let them be, both residential and commercial. MR. BOSI: Residential and commercial. Industrial as well? I mean, all -- COMMISSIONER McDANIEL: Yes. MR. BOSI: All land uses. All land uses, they are only to clear the exotics from their clear area for where their proposed buildings are and not along the perimeter. CHAIRMAN HALL: On brand-new construction. COMMISSIONER McDANIEL: And additions. CHAIRMAN HALL: So if I want to add a bedroom so my mom can move in, now I've got to redo all my exotics? COMMISSIONER McDANIEL: No. Just on the area that you're going to build on. CHAIRMAN HALL: So if I have a half acre and lived there for 30 years and I got exotics that are on the side of me now -- COMMISSIONER McDANIEL: On the back 40. CHAIRMAN HALL: Backyard, front yard, whatever, and now March 12, 2024 Page 212 I want to add a bedroom for my mom to move in, now I've got to turn around and remove all the exotics again? COMMISSIONER McDANIEL: No, sir. That's what I'm saying is eliminate that provision. CHAIRMAN HALL: Oh, okay. COMMISSIONER McDANIEL: The example that I cited last year when we were talking about this was with a young lady that works for me lives in the Estates in a Jim Walters home that was built back in the '80. They put a mother-in-law quarter on the house, on a 75-foot tract, and it cost them $4500 because we required -- Environmental Services required exotic removal on the entire property before they could get a CO and legally occupy that addition that they put on their home. And so my thoughts were, only require the exotic removal on the new structure for the area that they're actually going to use and eliminate the buffer, and include the entire county, and not the perimeter clearing. CHAIRMAN HALL: Troy, we have a comment? COMMISSIONER KOWAL: Could I just say one more thing? CHAIRMAN HALL: Sure. Go ahead. COMMISSIONER KOWAL: Just for understanding that, you know, if you are going to put this additional structure or this addition onto the home, I think there should be some sort of ratio out so far the exotics need to be cleared, just because you want to have that buffer for your own protection. But I don't want to see the whole lot having to get, you know, redone again, because I think that's senseless. Because you go out, and four, five years down the road, everything's back again. COMMISSIONER McDANIEL: Right. COMMISSIONER KOWAL: It's the same exact condition it was when you originally built your house. But if you're adding a structure or you're adding something on the property, I think there March 12, 2024 Page 213 should be some sort of ratio figured out how far out from that new structure, that new footprint you should clear it, you know, but not the whole perimeter around the edges of the lot and all that stuff. So I'm just trying to just -- you know, you don't want to build it right up to, you know, a fire hazard. COMMISSIONER McDANIEL: If I may, the recommendation is 30 feet from your structure on the perimeter of your home. That should be -- COMMISSIONER KOWAL: Suffice. COMMISSIONER McDANIEL: That is what the fire departments recommend, that you have that 30-foot buffer on the perimeter of your home. That allows them to safely get in, park a truck between your house and the fire and be able to fight the fire off your home. So that 30-foot perimeter from the home is what the fire department recommends. And I'm not necess- -- I'm not proposing that today unless we -- unless we can devise some sort of an incentive program to incentivize people to actually partake in that. COMMISSIONER LoCASTRO: So you assemble a $2,000 shed, and you'd have to go 30 feet? I mean, that's one of the examples, you know -- okay, yeah. COMMISSIONER McDANIEL: If you don't want it to burn. CHAIRMAN HALL: I'm going to make the motion here to just have this say, "Exotic removals are required on new construction for the county cleared area," and other than that, we're good to go. Countywide. MR. BOSI: It's countywide. CHAIRMAN HALL: Industrial, residential and -- MR. BOSI: The clear area for new construction. CHAIRMAN HALL: For new construction only, if you need a half acre, you clear your half acre. March 12, 2024 Page 214 MR. BOSI: So if that addition was going on, that addition would not be subject to -- only -- only your -- the principal structure. CHAIRMAN HALL: Only on new construction on brand-new structures. MS. COOK: So just for a point of clarification, we have another section of our code, 3.05.07, that deals specifically with preserves and conservation easements that if we do countywide, this may conflict with that if we're not going to require exotic removal in Conservation Collier easements and preserves, which would also conflict with the state. COMMISSIONER McDANIEL: We do want to do that. MS. COOK: So I just want to be sure that -- CHAIRMAN HALL: I'm just talking about for homeowners who are building stuff. MS. COOK: Got it. COMMISSIONER McDANIEL: We're talking about new construction. We're not talking about another section of the -- CHAIRMAN HALL: Correct. COMMISSIONER McDANIEL: Excuse me, sir. I can hit my light. I jumped in front of Commissioner LoCastro, so... CHAIRMAN HALL: He's full of grace this afternoon. COMMISSIONER McDANIEL: Go ahead, please. COMMISSIONER LoCASTRO: No. I was just going to say -- and not in the interest of time, but in the interest of getting this right, I think you've heard all of our concerns here. I'd make the motion that you guys go back to the drawing board, that this does not meet our requirement, because the other thing here is, we're brainstorming a lot of stuff up here, and I was just about to say that I bet this conflicts with something, and then you said it does. So I think this is the time to take a pause and go, thanks for doing a dive, but it's not a deep enough dive. Keep us out of trouble. March 12, 2024 Page 215 We don't want to put something in writing that then, you know, conflicts with something else. And we want to make sure also, too, that all the -- all the right examples are covered. You know, the new construction sounds great, but then, you know, it might leave a loophole that, okay, so then if somebody wants to add a mother-in-law bedroom, then they don't have to do anything. But then, Commissioner McDaniel says, yeah, but then there could be a fire hazard, and, you know -- and so it's like I don't want to sit here and dissect this thing in this meeting. It's already not what I want. And I just think that this is -- you've gotten enough input from us to go back and bring us something that you can explain better that meets our -- the criteria we originally had said, or you tell us why it's impossible and give us something that at least is as aggressive as possible to meet, you know, what our intention is, and it's something that's also enforceable. We could say -- we could pat ourselves on the back here and pass something, and then in the end it is a whole lot of nothing. So I don't think we're ready to talk -- you know, wordsmithing this thing on the fly isn't something I'm ever hugely supportive of unless it's something, you know, a happy to glad or something really small. But I don't think this is close to what we would like, and there's also other moving parts that you just brought up with other ordinances out there that I think make this whole thing a little bit sloppy. So my recommendation would be, come back at the next meeting. And it also gives you a chance to talk to us all one-on-one between now and then, too, to make sure that we're all paddling in the same direction. I don't think we are right now. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm okay with that. March 12, 2024 Page 216 CHAIRMAN HALL: Me, too. COMMISSIONER McDANIEL: Let's continue it. CHAIRMAN HALL: You get the point. You know what we want. MS. COOK: We got it. COMMISSIONER LoCASTRO: Do we have to make a motion to continue it? CHAIRMAN HALL: Yes. COMMISSIONER LoCASTRO: Yep. I make a motion we continue it to -- MR. MILLER: Mr. Chair, I'm sorry. I don't believe this gentleman's here, but I don't know. Steve Matteau. No response.) MR. MILLER: Just had to do that for the record. Thank you. CHAIRMAN HALL: Okay. COMMISSIONER LoCASTRO: Make a motion to continue and bring it back at your earliest convenience. I don't even know if we have to set a date, because we've got kind of a complicated agenda coming up over the next couple, but, you know, this is one that -- sooner than later, but we'll let you figure out the date. So that's my motion. Do I have a second? COMMISSIONER McDANIEL: Second. CHAIRMAN HALL: All right. Motion and second to postpone it. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? No response.) March 12, 2024 Page 217 MS. COOK: Thank you. CHAIRMAN HALL: Can we bring it back on the consent? COMMISSIONER McDANIEL: If we get it right. COMMISSIONER SAUNDERS: I'd suggest that sometime in 2028 will be a good time to bring it back. COMMISSIONER LoCASTRO: With the what? COMMISSIONER SAUNDERS: Sometime in 2028 would be a good time to bring it back. MS. PATTERSON: Commissioners -- COMMISSIONER LoCASTRO: Could I just say one thing, though? Commissioner Kowal really did bring up a really important point, that we sat here and we dissected this thing for sheds and mother-in-law homes, but we are paying through the nose on property in Conservation Collier. So maybe that's a separate thing, and maybe I'll just let it sit there, but that resonated with me, and I think it's very -- it's a very astute observation that you made. And, you know, we want to make sure that we're consistent. So here we are, you know, helping the taxpayer with their shed and their mother-in-law home, but then, you know, it's a much bigger number on lots that aren't really infringing on anything that we bought under Conservation Collier. So, you know, maybe that's for another day, another time, but not 2028, so... CHAIRMAN HALL: Brazilian peppers puts a new perspective on "in perpetuity." COMMISSIONER LoCASTRO: Yeah, absolutely. So maybe -- Commissioner Kowal, maybe that's something that, you know, you champion or talk with the County Manager, but I think bringing that back and seeing what we could really do to save -- and anything we save from Conservation Collier allows us to buy more properties, which is -- you know, when I made the motion to say, let's negotiate with some of these property owners, and then March 12, 2024 Page 218 what, the next 10 properties, most of them we bought under the appraised value saving money. This now -- now we're talking really significant dollars if we made some sort of aggressive change. And, you know, lastly, to Commissioner McDaniel's point, drive down any part of I-75 or anywhere in the county, right, they're everywhere, you know, so -- COMMISSIONER McDANIEL: U.S. 41. COMMISSIONER LoCASTRO: -- anyway, I'll just end with that, but that was a -- I hadn't really made that connection until he mentioned it, and then I started, you know, adding up the dollar figures, and that's a significant amount. So maybe we can combine the two, and when it comes back to us, it talks about both. Just a thought. MS. PATTERSON: Yes, sir. COMMISSIONER KOWAL: We ain't got kudzu, right? COMMISSIONER LoCASTRO: What's that, sir? COMMISSIONER KOWAL: Kudzu. COMMISSIONER LoCASTRO: Yeah, yeah, kudzu. Yeah. Kudzu, yeah. CHAIRMAN HALL: We have air potato. Item #11G AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8182, THE “CAXAMBAS PARK AND BOAT REHABILITATION PROJECT” TO KELLY BROTHERS, INC., IN THE AMOUNT OF $2,735,926.67, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND APPROVE THE NECESSARY BUDGET AMENDMENT. PROJECT NO. 50280). (DISTRICT 1) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY 1 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20250007882 SUMMARY OF AMENDMENT This amendment updates and allows the administrative review and approval of plat and replat submittals through a designated authority (County Manager or designee) in accordance with F.S. 177.071 Approval of Plat by Governing Bodies. LDC amendments are reviewed by the Board of County Commissioners (Board), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). ORIGIN Growth Management Community Department (GMCD) HEARING DATES LDC SECTION TO BE AMENDED Board TBD 1.08.02 4.03.02 10.02.04 10.02.05 Appendix A Appendix C Definitions Applicability Requirements for Subdivision Plats Construction, Approval, and Acceptance of Required Improvements STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS FINAL SUBDIVISON PLAT, REQUIRE CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION CCPC TBD DSAC TBD DSAC-LDR 8/19/25 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND F.S. 177.01 was amended, approved by the Governor on June 20,2025 and became effective law on July 1, 2025 (See Exhibit B). It requires local governments to review and approve plat and replat submittals administratively through a “designated authority” and provides parameters on the administrative review process. The term “administrative authority” is defined as “…a department, division, or other agency of the county or municipality. For the purposes of issuing a final administrative approval of a plat or replat submittal, the term also includes an administrative officer or employee designated by the governing body of a county or municipality, including but not limited to, a county administrator or manager, …, a deputy county administrator or manager, …, an assistance county administrator or manager, … or other high ranking county department or, …or, division director with direct or indirect oversight responsibility for the county’s or municipality’s land development, housing, utilities, or public works programs.” On July 8, 2025, the Board of County Commissioners (Board) adopted Resolution No. 2025-131 designating the Development Review Division within the Growth Management Community Development Department as the “Administrative Authority” to review and process plat or replat submittals pursuant to F.S.177.01 (1) (a) (See Exhibit C). On behalf of the Board on or after July 1, 2025, as an “Administrative Official”, the County Manager, Deputy County Manager, Community Development Department Head, Development Review Director and/or Zoning Division Director are each delegated authority to administratively approve, approve with conditions, or deny subdivision plats 2 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx or replats and to execute the plat/replat and the Construction and Maintenance Agreement. The proposed LDC sections, have been identified and submitted by staff to state the “Administrative Official” shall be the authorized authority to sign plats and/replats, and Construction and Maintenance Agreements. To comply with F.S. 177, this amendment implements updates to the LDC. Under the law, the designated authority must provide written notice in response to a submittal within seven days acknowledging receipt, identifying missing documents or information required to process the plat or replat submittal, and provide information regarding the approval process including requirements and timeframes. Unless an applicant requests an extension, the designated authority must approve, approve with conditions, or deny the submittal within the timeframe in the initial written notice. Pursuant to the legislation, the designated authority may not request or require an extension of time. A denial must provide an explanation of why the submittal was denied, specifically citing any unmet requirements. A companion administrative code amendment is required to update Chapter 5-Subdivision Procedures related to the decision maker for plats, replats, construction and maintenance agreements. (See Exhibit A). FISCAL & OPERATIONAL IMPACTS There are no fiscal impacts to the County associated with this amendment other than the cost of recording fees that are at the expense of an applicant/developer. GMP CONSISTENCY The proposed LDC amendment has been reviewed by the Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Administrative Code Amendments B) F.S.Chapter 2025-164 C) Resolution 2025-131 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx Amend the LDC as follows: 1 1.08.02 – Definitions 2 3 * * * * * * * * * * * * * 4 5 Adjacent: To share a common property line or boundary, or to be separated by a public right-of-6 way, easement, or water body. 7 8 Administrative Official: The person delegated authority to approve, approve with conditions, or 9 deny subdivisions plans or replats on behalf of the Board of County Commissioners, including 10 the County Manager, Deputy County Manager, Growth Management Community Development 11 Department Head, Development Review Director and/or Zoning Director, as authorized in 12 Resolution 2025-131. 13 14 Adult day care center: A facility that provides temporary care on a daily basis for adults, whether 15 for compensation or not, and without overnight accommodations. 16 17 * * * * * * * * * * * * * 18 # # # # # # # # # # # # # 19 20 4.03.02 - Applicability 21 22 It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by 23 reference to, exhibition of, or other use of, a plat of a subdivision of such land without having 24 submitted a final subdivision plat of such land for approval to the BCC Administrative Official 25 required by this section and without having recorded the approved final subdivision plat as 26 required by this section. Any division of land meeting the definition of subdivision which is not 27 otherwise exempt by this section shall require the filing of a subdivision plat in accordance with 28 the requirements of LDC section 10.02.04 of this Code. 29 30 # # # # # # # # # # # # # 31 32 10.02.04 - Requirements for Subdivision Plats 33 34 This section shall be read in conjunction with subdivision design standards, in particular, LDC 35 Chapters 3, 4, and 6. 36 37 * * * * * * * * * * * * * 38 39 B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final 40 subdivision plats are commonly referred to as "plans and plat." 41 42 1. Generally. Final subdivision plat approval by the Board of County Commissioners 43 Administrative Official is required before a final subdivision plat can be recorded. 44 45 a. No final subdivision plat shall be approved by the Administrative Official 46 until the construction plans have been reviewed and accepted by the 47 County Manager or designee, except for a minor final subdivision plat 48 pursuant to LDC section 10.02.04 D. 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 1 b. The review and approval of construction plans does not authorize the 2 construction of required improvements which are inconsistent with existing 3 easement(s) of record. 4 5 c. The required improvements shall be completed prior to recordation of the 6 final subdivision plat unless the applicant files a subdivision performance 7 security as identified in LDC section 10.02.04 F with the County. 8 9 d. Where approval of construction plans and final subdivision plats will lead to 10 the level of service for any public facility being reduced below the level 11 established by the growth management plan for Collier County, the County 12 shall deny approval to proceed with development until the requirements of 13 LDC section 10.02.07 have been met. 14 15 * * * * * * * * * * * * * 16 17 3. County Manager review of construction plans and final subdivision plats. 18 19 a. The County Manager or designee shall review and evaluate the 20 construction plans and final subdivision plat in conformance with the LDC, 21 in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177. The 22 County Manager or designee shall review and evaluate the construction 23 plans and final subdivision plat in light of the requirements established in 24 the LDC and Administrative Code and provide written notice to the 25 applicant acknowledging receipt . Based on the review and evaluation, the 26 County Manager or designee shall approve, approve with conditions, or 27 deny the construction plans and final subdivision plat. If the construction 28 plans and final subdivision plat is denied, then the final subdivision plat 29 shall not be submitted to the Board until the construction plans and final 30 subdivision plat have been approved or approved with conditions by the 31 County Manager or designee. The approval of the County Manager or 32 designee is subject to Board approval, noted below. 33 34 b. If the constructions plans and final subdivision plat are approved or 35 approved with conditions by the County Manager or designee, the County 36 Manager or designee shall recommend that the Board approve, approve 37 with conditions, or deny the final subdivision plat. If the County Manager or 38 designee denies or places conditions on the construction plans or 39 recommends denial or conditions on the final subdivision plat, he shall state 40 reasons and cite the applicable code or regulatory basis for the decision. 41 42 c. Once the construction plans and final subdivision plats are submitted by 43 the applicant for review by the County Manager or designee, they will 44 remain under review so long as a resubmittal in response to a county 45 reviewer's comments is received within 270 days of the date on which the 46 comments were sent to the applicant. If a response is not received within 47 this time, the application for construction plans and final subdivision plat 48 review will be considered withdrawn and cancelled. Further review of the 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx project will require a new application and the appropriate fees paid by the 1 applicant. 2 3 * * * * * * * * * * * * * 4 5 4. Board Administrative approval of the final subdivision plat. 6 7 a. Following approval or approval with conditions by the County Manager or 8 designee, the County Manager or designee shall place the final subdivision 9 plat on the consent agenda for its next available regularly 10 scheduled Board hearing. Tthe Board Administrative Official shall consider 11 approval of the final subdivision plat together with the approval of standard 12 form, Construction Maintenance Agreement, and approval of the amount 13 of performance security for the required improvements based on the 14 estimate of probable cost. 15 16 b. If all members of the Board consent to the recommendation of the County 17 Manager or designee, then the recommendation of the County Manager or 18 designee on the final subdivision plat shall remain on the consent agenda 19 and the final subdivision plat shall be approved. If any member of the Board 20 objects to the recommendation of the County Manager or designee or 21 otherwise requests discussion on the recommendation, then the 22 recommendation shall be taken off the consent agenda and may be 23 discussed or scheduled for a subsequent hearing date. After due notice of 24 the hearing to the applicant, the Board shall hold a hearing on the final 25 subdivision plat. At the hearing, the Board shall consider the County 26 Manager or designee's recommendation and shall take evidence and 27 testimony in regard to the final subdivision plat requirements identified in 28 LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC. 29 The Board shall approve, approve with conditions, or deny the final 30 subdivision plat. If the Board denies or places conditions on the final 31 subdivision plat, it shall state reasons for such denial or conditions. 32 33 cb. Approval of the final subdivision plat shall not constitute acceptance of 34 public dedicated facilities. Acceptance of any such dedicated public 35 facilities and responsibility for their maintenance shall be by separate 36 resolution of the Board of County Commissioners. See LDC section 37 10.02.05 C.3. 38 39 d.c. After Board administrative approval of the final subdivision plat, building 40 permits may be issued for a percentage of planned homes in accordance 41 with the Florida Building Code and pursuant to F.S. 177.073. Subdivision 42 performance security shall be in accordance with LDC section 10.02.04 F 43 2.b.i., and the construction and maintenance agreement shall be in 44 accordance with LDC section 10.02.04.F.3.e when utilizing F.S. 177.073. 45 46 5. Insubstantial changes and amendments to construction plans and final subdivision 47 plats. 48 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx a. Insubstantial Changes to Construction Plans (ICP). Following approval by 1 the County Manager or designee of the construction plans, the applicant 2 may request insubstantial changes to the construction plans. 3 4 i. Application. The Administrative Code shall establish the process 5 and the submittal requirements for an insubstantial change to the 6 construction plans. Construction plans shall be prepared pursuant 7 to LDC section 10.02.04 B. 8 9 b. Following approval by the Board Administrative Official of the final 10 subdivision plat, but prior to recordation, the County Manager or designee 11 may approve minor insubstantial changes to the final subdivision plat. 12 Insubstantial changes are insignificant to the project, such as a correction 13 or change on the cover sheet. 14 15 c. Following approval by the Board Administrative Official of the final 16 subdivision plat, but prior to recordation, the Board Administrative Official 17 may approve amendments to the final subdivision plat. This is commonly 18 referred to as a "PPLA". 19 20 i. Application. The Administrative Code shall establish the process 21 and the submittal requirements for the final subdivision plat 22 amendment. The final subdivision plat shall be prepared pursuant 23 to LDC section 10.02.04 B. 24 25 * * * * * * * * * * * * * 26 27 7. Timing of recording and development. 28 29 a. Recording. Within 18 months of the date of approval of the final subdivision 30 plat by the Board Administrative Official, the applicant shall submit the final 31 subdivision plat to the County Manager or designee for recording. 32 33 b. Required improvements to be completed. The improvements required for 34 the final subdivision plat shall be completed within 18 months from the date 35 of approval by the Board Administrative Official unless a written extension 36 request is approved by the County Manager or designee. 37 38 c. Integrated phased development. Each subsequent phase of the project 39 shall be submitted within 2 two years following the date of written approval 40 of the most recently approved final subdivision plat in accordance with LDC 41 section 10.02.04 A.6. 42 43 * * * * * * * * * * * * * 44 45 F. Recordation of the Final Subdivision Plat. 46 47 1. Generally. No building permits for habitable structures shall be issued prior to 48 approval by the Board of County Commissioners Administrative Official and 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx recordation of the final subdivision plat, except as provided in LDC section 5.04.04, 1 LDC section 10.02.04 B.6., and LDC section 10.02.04 B.4.d., as applicable. 2 3 2. Posting of subdivision performance security at the time of recording or at Board 4 administrative approval when utilizing F.S. 177.073. 5 6 a. The final subdivision plat shall not be recorded until a subdivision 7 performance security for the construction of the required improvements, 8 both on-site and off-site, has been posted by the applicant and approved 9 and accepted by the Board or County Manager or designee on behalf of 10 the Board. 11 12 b. The applicant's professional engineer shall prepare an opinion of the 13 probable construction cost or the actual contractor's bid price, which 14 includes the cost of all required improvements, to determine the amount of 15 the subdivision performance security. 16 17 i. If no construction of the required improvements has begun at the 18 time of posting of the subdivision performance security, the security 19 shall be an amount equal to 110 percent of the sum of construction 20 costs for all on-site and off-site required improvements based on 21 the applicant's professional engineer's opinion of the probable 22 construction costs or contract bid price. 23 24 ii. If construction of the required improvements has begun at the time 25 of posting the subdivision performance security, the security shall 26 be in an amount equal to 10 percent of the applicant's professional 27 engineer's opinion of the probable construction cost or contract bid 28 price, plus 100 percent of the required improvements to be 29 completed, such as the final lift of asphalt and uncompleted 30 sidewalks. 31 32 iii. If construction of all required improvements has been completed 33 and accepted by the Board County Manager or designee at the time 34 of recording, only a performance maintenance guarantee at an 35 amount equal to 10 percent of the applicant's professional 36 engineer's opinion of the probable construction cost or contract bid 37 price shall be provided. 38 39 iv. No subdivision performance security shall be required where 40 improvements are to be constructed by a general-purpose 41 government such as a county or municipality, a local school district, 42 or state agency. A subdivision performance security shall be 43 required of an independent special-purpose government such as a 44 community development district (CDD). 45 46 * * * * * * * * * * * * * 47 48 c. Once the form of a subdivision performance security has been approved 49 and accepted by the Board, alternate securities, in a format approved by 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx the County Attorney, may be approved by the County Manager or 1 designee, on behalf of the Board. 2 3 3. Recordation Procedure. After approval of the final subdivision plat by the Board 4 Administrative Official prior to the recording of the final subdivision plat with the 5 clerk of the circuit court, the following shall occur: 6 7 * * * * * * * * * * * * * 8 9 e. Construction and Maintenance Agreement. The applicant shall enter into a 10 construction and maintenance agreement with the County, in a form 11 acceptable to the County Attorney, which establishes the terms and 12 conditions for the construction and maintenance of the improvements 13 required during the 18-month construction period or a time frame 14 established in an approved extension request by the County Manager or 15 designee. This agreement shall be submitted with the final subdivision plat 16 for review and approval and shall be executed by all parties at the time of 17 Board administrative approval, if building permits are issued when utilizing 18 F.S. 177.073 or at the time of recording the final plat. 19 20 * * * * * * * * * * * * * 21 22 g. Supporting "gap" title information. Within 60 days of recordation of the 23 final subdivision plat in the official records of Collier County, Florida, 24 the applicant, at no expense to the County, shall submit to the County 25 Manager or designee final supporting "gap" title information. The final 26 supporting title information must meet all of the requirements of LDC 27 section 10.02.04 F.3.c, except as to the effective date. Receipt and 28 approval of the "gap" title information is a condition precedent to preliminary 29 acceptance of subdivision improvements by the Board Administrative 30 Official. 31 32 * * * * * * * * * * * * * 33 # # # # # # # # # # # # # 34 35 10.02.05 - Construction, Approval, and Acceptance of Required Improvements 36 37 * * * * * * * * * * * * * 38 39 C. Final Acceptance of the Required Subdivision Improvements by the Board of County 40 Commissioners. 41 42 1. Generally. The Board may provide final acceptance, by resolution, of the 43 improvements subject to the following: 44 45 a. Following the 1 one-year minimum maintenance period as required by 46 preliminary acceptance by the County Engineer or designee; and 47 48 b. Following satisfactory completion of the preliminary acceptance 49 inspections by the County Engineer or designee; and 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx c. At the request of the applicant, after a final inspection by the County 1 Engineer or designee. 2 3 2. Timing. All of the required improvements shall receive final acceptance by the 4 Board within 36 months from the date of the original Board administrative approval 5 of the final subdivision plat, unless extended by the County Manager or designee, 6 the Board, or general law. 7 8 a. The developer may request two-year extensions for completion and 9 acceptance of the required improvements. A maximum of 2 two extensions 10 may be granted by the County Manager or designee. Each request should 11 provide written justification for the extension. 12 13 * * * * * * * * * * * * * 14 # # # # # # # # # # # # # 15 16 APPENDIX A 17 STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED 18 IMPROVEMENTS 19 * * * * * * * * * * * * * 20 Appendix A consists of the following specimen forms: 21 22 A.1 Subdivision Improvements 23 24 * * * * * * * * * * * * * 25 26 c. The Construction, Maintenance and Escrow Agreement for Subdivision 27 Improvements shall be substantially as follows: 28 29 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR 30 SUBDIVISION IMPROVEMENTS 31 32 THIS AGREEMENT entered into this ___ day of _________, 20___ by (description of entity) 33 (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 34 COUNTY, FLORIDA, (hereinafter "The Board") and _________ (hereinafter "Lender"). 35 36 RECITALS: 37 38 A. Developer has, simultaneously with the delivery of this Agreement, applied for the 39 approval by the Board of a certain plat of a subdivision to be known as: _______. 40 41 B. The subdivision will include certain improvements which are required by Collier 42 County ordinances, as set forth in a site construction cost estimate ("Estimate") 43 prepared by ______, a copy of which is attached hereto and incorporated herein 44 as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are 45 limited to those described in the Estimate. 46 47 C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division 48 of the Unified Land Development Code requires the Developer to provide 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx appropriate guarantees for the construction and maintenance of the Required 1 Improvements. 2 3 D. Lender has entered into a construction loan agreement with Developer dated 4 _______, Account No.______ (the "Construction Loan") to fund the cost of the 5 Required Improvements. 6 7 E. Developer and the Board have acknowledged that the amount Developer is 8 required to guarantee pursuant to this Agreement is $_______, and this amount 9 represents 110% of the Developer's engineer's estimate of the construction costs 10 for the Required Improvements. 11 12 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 13 hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as 14 follows: 15 16 1. Developer will cause the water, sewer, roads, drainage and like facilities, the 17 Required Improvements, to be constructed pursuant to specifications that have 18 been approved by the County Manager or his designee within _______ months 19 from the date of approval of said subdivision plat. 20 21 2. Developer hereby authorizes Lender to hold $_______ from the Construction 22 Loan, in escrow, pursuant to the terms of this Agreement. 23 24 3 Lender agrees to hold in escrow $_______ from the Construction Loan, to be 25 disbursed only pursuant to this Agreement. Lender acknowledges that this 26 Agreement shall not constitute a draw against the Construction Loan fund, but that 27 only such funds as are actually disbursed, whether pursuant to this Agreement or 28 a provision of the Construction Loan, shall accrue interest. 29 30 4. The escrowed funds shall be released to the Developer only upon written approval 31 of the County Manager or his designee who shall approve the release of the funds 32 on deposit not more than once a month to the Developer, in amounts due for work 33 done to date based on the percentage completion of the work multiplied by the 34 respective work costs less ten percent (10%); and further, that upon completion of 35 the work, the County Manager or his designee shall approve the release of any 36 remainder of escrowed funds except to the extent of $_______ which shall remain 37 in escrow as a Developer guaranty of maintenance of the Required Improvements 38 for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. 39 40 However, in the event that Developer shall fail to comply with the requirements of this 41 Agreement, then the Lender agrees to pay to the County immediately upon demand the 42 balance of the funds held in escrow by the Lender, as of the date of the demand, provided 43 that upon payment of such balance to the County, the County will have executed and 44 delivered to the Lender in exchange for such funds a statement to be signed by the County 45 Manager or his designee to the effect that: 46 47 (a) Developer for more than sixty (60) days after written notification of such 48 failure has failed to comply with the requirements of this agreement; 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx (b) The County, or its authorized agent, will complete the work called for under 1 the terms of the above-mentioned contract or will complete such portion of 2 such work as the County, in its sole discretion shall deem necessary in the 3 public interest to the extent of the funds then held in escrow; 4 5 (c) The escrow funds drawn down by the County shall be used for construction 6 of the Required Improvements, engineering, legal and contingent costs and 7 expenses, and to offset any damages, either direct or consequential, which 8 the County may sustain on account of the failure of the Developer to carry 9 out and execute the above-mentioned development work; and 10 11 (d) The County will promptly repay to the Lender any portion of the funds drawn 12 down and not expended in completion of the said development work. 13 14 5. Written notice to the Lender by the County specifying what amounts are to be paid 15 to the Developer shall constitute authorization by the County to the Lender for 16 release of only those specified funds to the Developer. Payment by the Lender to 17 the Developer of the amounts specified in a letter of authorization by the County 18 to the Lender shall constitute a release by the County and Developer of the Lender 19 for the specified funds disbursed in accordance with the letter of authorization from 20 the County. 21 22 6. The Required Improvements shall not be considered for preliminary approval until 23 a statement of substantial completion by Developer's engineer along with the final 24 project records have been furnished to be reviewed and approved by the County 25 Manager or his designee for compliance with the Collier County Subdivision 26 Regulations. 27 28 7. The County Manager or his designee shall, within sixty (60) days of receipt of the 29 statement of substantial completion, either: a) notify the Developer in writing of his 30 preliminary approval of the improvements; or b) notify the Developer in writing of 31 his refusal to approve the improvements, therewith specifying those conditions 32 which the Developer must fulfill in order to obtain the Director's approval of the 33 Required Improvements. However, in no event shall the County Manager or his 34 designee refuse preliminary approval of the improvements if they are in fact 35 constructed and submitted for approval in accordance with the requirements of this 36 Agreement. 37 38 8. Should the funds held in escrow be insufficient to complete the Required 39 Improvements, the Board, after duly considering the public interest, may at its 40 option complete the Required Improvements and resort to any and all legal 41 remedies against the Developer. 42 43 9. Nothing in this Agreement shall make the Lender liable for any funds other than 44 those placed in deposit by the Developer in accordance with the foregoing 45 provisions; provided, that the Lender does not release any monies to the 46 Developer or to any other person except as stated in this Escrow Agreement to 47 include closing the account, or disbursing any funds from the account without first 48 requesting and receiving written approval from the County. 49 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 10. The Developer shall maintain all Required Improvement for one year after 1 preliminary approval by the County Manager or his designee. After the one year 2 maintenance period by the Developer and upon submission of a written request 3 for inspection, the County Manager or his designee shall inspect the Required 4 Improvements and, if found to be still in compliance with the Code as reflected by 5 final approval by the Board, the Lender's responsibility to the Board under this 6 Agreement is terminated. The Developer's responsibility for maintenance of the 7 Required Improvements shall continue unless or until the Board accepts 8 maintenance responsibility for and by the County. 9 10 11. All of the terms, covenants and conditions herein contained are and shall be 11 binding upon the respective successors and assigns of the Developer and the 12 Lender. 13 14 IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this Agreement 15 to be executed by their duly authorized representatives this ___ day of ________, 20___. 16 17 18 SIGNED IN THE PRESENCE OF: (Name of entity) (Developer) _______ By:_______ Printed Name Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) _______ Printed Name 19 20 SIGNED IN THE PRESENCE OF: (Name of entity) (Lender) _______ By:_______ Printed Name Print Name/Title (President, VP, or CEO) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx (Provide Proper Evidence of Authority) _______ Printed Name 1 ATTEST: 2 3 (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:______ By:_______ Deputy Clerk Name of Chairman Administrative Official) ADMINISTRATIVE OFFICIAL PER RESOLUTION 2025-131 Approved as to form and legality: _____ Assistant County Attorney 4 (Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M) 5 6 d. The Construction and Maintenance Agreement for Subdivision 7 Improvements shall be substantially as follows: 8 9 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION10 IMPROVEMENTS 11 12 THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION 13 IMPROVEMENTS entered into this ___ day of ________, 20 ___between ________ hereinafter 14 referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, 15 hereinafter referred to as the "Board”. 16 17 RECITALS: 18 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 1 A. Developer has, simultaneously with the delivery of this Agreement, applied for the 2 approval by the Board of a certain plat of a subdivision to be known as: 3 4 B. Chapters 4 and 10 of the Collier County Land Development Code requires the 5 Developer to post appropriate guarantees for the construction of the improvements 6 required by said subdivision regulations, said guarantees to be incorporated in a 7 bonded agreement for the construction of the required improvements. 8 9 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 10 hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 11 12 1. Developer will cause to be constructed: 13 within _______ months from the date of approval of said subdivision plat, said 14 improvements hereinafter referred to as the required improvements. 15 16 2. Developer herewith tenders its subdivision performance security (attached hereto 17 as Exhibit "A" and by reference made a part hereof) in the amount of $_______ 18 which amount represents 10% of the total contract cost to complete construction 19 plus 100% of the estimate cost of to complete the required improvements at the 20 date of this Agreement. 21 22 3. In the event of default by the Developer or failure of the Developer to complete 23 such improvements within the time required by the Land Development Code, 24 Collier County, may call upon the subdivision performance security to insure 25 satisfactory completion of the required improvements. 26 27 4. The required improvements shall not be considered complete until a statement of 28 substantial completion by Developer's engineer along with the final project records 29 have been furnished to be reviewed and approved by the County Manager or 30 designee for compliance with the Collier County Land Development Code. 31 32 5. The County Manager or designee shall, within sixty (60) days of receipt of the 33 statement of substantial completion, either: a) notify the Developer in writing of his 34 preliminary approval of the improvements; or b) notify the Developer in writing of 35 his refusal to approve improvements, therewith specifying those conditions which 36 the Developer must fulfill in order to obtain the County Manager's approval of the 37 improvements. However, in no event shall the County Manager or designee refuse 38 preliminary approval of the improvements if they are in fact constructed and 39 submitted for approval in accordance with the requirements of this Agreement. 40 41 .6. The Developer shall maintain all required improvements for a minimum period of 42 one year after preliminary approval by the County Manager or designee. After the 43 one year maintenance period by the Developer has terminated, the Developer 44 shall petition the County Manager or designee to inspect the required 45 improvements. The County Manager or designee shall inspect the improvements 46 and, if found to be still in compliance with the Collier County Land Development 47 Code as reflected by final approval by the Board, the Board shall release the 48 remaining 10% of the subdivision performance security. The Developer's 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx responsibility for maintenance of the required improvements shall continue unless 1 or until the Board accepts maintenance responsibility for and by the County. 2 3 7. Six (6) months after the execution of this Agreement and once within every six (6) 4 months thereafter the Developer may request the County Manager or designee to 5 reduce the dollar amount of the subdivision performance security on the basis of 6 work complete. Each request for a reduction in the dollar amount of the subdivision 7 performance security shall be accompanied by a statement of substantial 8 completion by the Developer's engineer together with the project records 9 necessary for review by the County Manager or designee. The County Manager 10 or designee may grant the request for a reduction in the amount of the subdivision 11 performance security for the improvements completed as of the date of the 12 request. 13 14 8. In the event the Developer shall fail or neglect to fulfill its obligations under this 15 Agreement, upon certification of such failure, the County Manager or designee 16 may call upon the subdivision performance security to secure satisfactory 17 completion, repair and maintenance of the required improvements. The Board 18 shall have the right to construct and maintain, or cause to be constructed or 19 maintained, pursuant to public advertisement and receipt and acceptance of bids, 20 the improvements required herein. The Developer, as principal under the 21 subdivision performance security, shall be liable to pay and to indemnify the Board, 22 upon completion of such construction, the final total cost to the Board thereof, 23 including, but not limited to, engineering, legal and contingent costs, together with 24 any damages, either direct or consequential, which the Board may sustain on 25 account of the failure of the Developer to fulfill all of the provisions of this 26 Agreement. 27 28 9. All of the terms, covenants and conditions herein contained are and shall be 29 binding upon the Developer and the respective successors and assigns of the 30 Developer. 31 32 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 33 executed by their duly authorized representatives this ___ day of ________, 20___. 34 35 SIGNED IN THE PRESENCE OF: (Name of Entity) _______ By:_______ Printed Name Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) _______ DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 16 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx Printed Name ATTEST: (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:______ By:_______ Deputy Clerk (Name of Chairman Administrative Official) ADMINISTRATIVE OFFICIAL PER RESOLUTION 2025-131 Approved as to form and legality: _____ Assistant County Attorney 1 (Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M) Ord. No. 25-XXX, § XX) 2 3 * * * * * * * * * * * * * 4 # # # # # # # # # # # # # 5 6 APPENDIX C 7 FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT 8 AND FORMATS FOR OTHER REQUIRED INFORMATION 9 10 (SEE LDC section 10.02.04 for applicable, specific provisions) 11 12 The following text and format are intended as a guide for preparation of those platting materials 13 required to be submitted to reviewing authorities, including the Project Review Services 14 Department, Utilities Division, County Health Department, County Attorney and the Board of 15 County Commissioners. Adherence to this format and text will substantially expedite review. 16 Substantial deviation in substance or form from the suggested text and format may result in 17 delay or disapproval of the submitted plat. 18 19 SURVEYOR'S CERTIFICATE 20 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 17 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 1 I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF 2 THE PROPERTY PERFORMED BY ME, OR UNDER MY SUPERVISION, AS PROVIDED IN 3 CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE 4 REQUIREMENTS OF CHAPTER 177, PART 1, AS AMENDED, FLORIDA STATUTES. IT IS 5 FURTHER CERTIFIED THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET 6 PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL 7 POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE 8 REQUIRED IMPROVEMENTS. 9 10 (signature) (TYPED OR PRINTED NAME HERE) DATE Include Florida Professional Land Surveyor No. 11 COUNTY COMMISSION APPROVAL 12 13 STATE OF FLORIDA 14 COUNTY OF COLLIER 15 16 THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE 17 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THIS ________ 18 DAY OF ________, 20___, PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE 19 CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA. 20 21 (Name of Clerk) (Name of Chairman Administrative Official), CHAIRMAN (Title of Administrative Official) ADMINISTRATIVE OFFICIAL PER RESOLUTION 2025-131 CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COUNTY, FLORIDA 22 FILING RECORD 23 24 I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT 25 COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA 26 STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT _______ 27 (a.m. or p.m.) THIS ________ DAY OF ________, 20 ___, AND DULY RECORDED IN PLAT 28 BOOK ________ PAGE(S) ________, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER 29 COUNTY, FLORIDA. 30 31 (Name of Clerk) 32 CLERK OF CIRCUIT COURT 33 IN AND FOR COLLIER COUNTY 34 35 ENGINEERING SERVICES 36 37 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 18 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE 1 COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY, FLORIDA THIS ________ 2 DAY OF ________, 20___. 3 4 (TYPED NAME) 5 6 ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER 7 COLLIER COUNTY, FLORIDA 8 9 COUNTY ATTORNEY 10 11 THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS ________ DAY OF 12 ________, 20___. 13 14 (TYPED NAME) 15 ASSISTANT COUNTY ATTORNEY 16 17 DEDICATIONS 18 19 STATE OF FLORIDA 20 COUNTY OF COLLIER 21 22 KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)), THE OWNER(S) OF THE 23 LANDS DESCRIBED HEREON, HAVE CAUSED THIS PLAT ENTITLED (NAME OF 24 SUBDIVISION) TO BE MADE AND DO HEREBY: 25 26 A. DEDICATE TO THE (insert homeowners' association or legal entity): 27 28 1. Private road rights-of-way, as follows: 29 30 TRACT "R" AS A PRIVATE ROAD RIGHT-OF-WAY (R.O.W.) (insert street 31 name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert 32 easements; i.e., R.O.W., C.U.E., P.U.E., D.E., etc.) WITH RESPONSIBILITY 33 FOR MAINTENANCE. 34 35 2. Drainage or stormwater management easements as follows: 36 37 ALL DRAINAGE EASEMENTS (D.E.) FOR STORMWATER MANAGEMENT 38 PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 39 40 3. Landscape buffer easements as follows: 41 42 ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) WITH RESPONSIBILITY 43 FOR MAINTENANCE. 44 45 4. Lake maintenance easements as follows: 46 47 ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR 48 MAINTENANCE. 49 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 19 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 5. Access easements as follows: 1 2 ALL ACCESS EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE, 3 4 6, Or any other similar easement or tract intended to be dedicated for a set 5 purpose, or purposes. 6 7 7. All conservation/preserve areas/easements as follows: 8 9 ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE 10 DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR 11 MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or 12 EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR 13 PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE 14 (CONSERVATION or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED 15 TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE 16 GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH 17 AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER 18 VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION 19 REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL 20 DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO 21 DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION 22 CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR 23 PRESERVATION. 24 25 Such tracts, or easements must be dedicated to a homeowners' association, or 26 to any other lawfully existing entity which has, or would have at the time of final 27 plat recording, the power or authority to perform the obligation to maintain, along 28 with the responsibility for such maintenance. 29 30 * * * * * * * * * * * * * 31 32 (Ord. No. 20-16, § 3.N; Ord. No. 24-11, § 3.HH, Ord. No. 25-XXX, § XX) 33 34 # # # # # # # # # # # # # 35 Exhibit A– Administrative Code Amendments 20 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx Chapter 5 | Subdivision Procedures 1 Collier County Land Development Code | Administrative Procedures Manual 2 3 D. Construction Plan and Final Subdivision Plat (PPL) 4 5 D.1. Construction Plans and Final Subdivision Plat – Standard 6 7 Reference LDC sections 10.02.04 B and 10.02.04 C, Resolution No. 2025-131, and other provisions of the LDC. • * * * * * * * * * * * * * 8 Completeness and Processing of Application See Chapter 1 D.5 for the acceptance and processing of an application. The County Manager or designee shall send written notice in response to the application submittal within seven days. acknowledging receipt, identifying missing documents or information required to process the application for final subdivision plat or replat. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. None. Decision Maker The BCC. Administrative Official per Resolution 2025-131. Review Process The Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the construction plans and final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee Administrative Official will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. For applicants requesting building permits before plat recording, the county will stamp the final plat as “Preliminary Plat for Building Permit Issuance” after Board administrative approval of the plat and receipt of the fully executed construction and maintenance agreement and performance security after County Attorney approval. * * * * * * * * * * * * * * 9 Updated Res. 2025-XXX 10 11 # # # # # # # # # # # # # 12 13 D.2. Construction Plans and Final Subdivision Plat Amendment (PPLA) 14 15 Reference LDC sections 10.02.04 B and Resolution No. 2025-131, and other provisions of the LDC. Exhibit A– Administrative Code Amendments 21 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx * * * * * * * * * * * * * 1 Application Contents and Requirements for Construction Plans and Final Subdivision Plat Amendments A Construction Plans and Final Subdivision Plat Amendment application must include the following, in addition to the Application Contents and Requirements for Construction Plans and Final Subdivision Plat, as applicable. See Chapter 5 D.1 of the Administrative Code. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of development. 4. Amendment to PPL Number (original PPL number). 5. Cover letter describing the proposed changes. Completeness and Processing of Application  See Chapter 1 D.5 for the acceptance and processing of an application . The County Manager or designee shall send written notice in response to the application submittal within seven days. acknowledging receipt, identifying missing documents or information required to process the application for final subdivision plat amendment. Public Hearing The BCC shall hold at least 1 advertised public hearing. None. Decision Maker The BCC. Administrative Official per Resolution 2025-131. Review Process The Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the construction plans and final subdivision plat amendment application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within270 120 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee Administrative Official will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. * * * * * * * * * * * * * 2 Updated Res. 2025-XXX 3 4 # # # # # # # # # # # # # 5 6 D.3 Final Subdivision Plat – For Townhouse Fee Simple Development 7 8 Reference LDC sections 10.02.04 B and 10.02.04 C, Resolution No. 2025-131, and other provisions of the LDC. 9 * * * * * * * * * * * * * 10 Exhibit A– Administrative Code Amendments 22 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx Completeness and Processing of Application See Chapter 1 D.5 for the acceptance and processing of an application. The County Manager or designee shall send written notice in response to the application submittal within seven days. acknowledging receipt, identifying missing documents or information required to process the application for final subdivision plat. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. None. Decision Maker The BCC. Administrative Official per Resolution 2025-131. Review Process The Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the townhouse construction plans and final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee Administrative Official will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. * * * * * * * * * * * * * 1 Updated Res. 2025-XXXX 2 3 # # # # # # # # # # # # # 4 5 F. Minor Final Subdivision Plat (FP) 6 7 Reference LDC section 10.02.04 D and Resolution No. 2025-131. 8 * * * * * * * * * * * * * 9 Completeness and Processing of Application See Chapter 1 D.5 for the acceptance and processing of an application. The County Manager or designee shall send written notice in response to the application submittal within seven days. acknowledging receipt, identifying missing documents or information required to process the application for minor final subdivision plat. Notice No notice is required. Public Hearing The BCC shall hold 1 public hearing None. Decision Maker BCC with an approval from The Administrative Official per Resolution 2025-131 County Manager or designee. Review Process The Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with and shall approve, approve with conditions, or deny the minor final subdivision plat. Exhibit A– Administrative Code Amendments 23 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx Once submitted for review, the minor final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer’s comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee Administrative Official will provide a recommendation to the BCC to approve, approve with conditions, or deny the minor final subdivision plat. * * * * * * * * * * * * * 1 Updated Res. 2025-XXX 2 # # # # # # # # # # # # # 3 Exhibit B– F.S. Chapter 2025-164 24 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx REV. 8/12/2025 Exhibit B– F.S. Chapter 2025-164 25 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx Exhibit B– F.S. Chapter 2025-164 26 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Exhibit C– Resolution 2025-131 27 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 1 Exhibit C– Resolution 2025-131 28 J:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Aug 19\Materials\Word Versions\PL20250007882 Administrative Plat Approval 8-08-25 DSAC-LDR.docx 1 Did not AttendPresentPresentJaime CookDirector, Development ReviewPresent Attendance Roster – Date: August 19, 2025 DSAC – Land Development Review Subcommittee Public Sign-in Sheet Please Print NAME REPRESENTING PHONE NO.