DSAC-LDR Agenda 09/16/2025Collier County
Growth Management Community Development
Development Services Advisory Committee
Land Development Review
Subcommittee
Tuesday, September 16, 2025
3:00 pm
2800 N. Horseshoe Dr.
Naples, FL 34104
Growth Management Community Development
Department
Conference Room 609/610
Please contact Eric Johnson at (239) 252-2931 or
Eric.Johnson@colliercountyfl.gov if you have any questions or
wish to meet with staff.
Collier County
GROWTH MANAGEMENT
- COMMUNITY DEVELOPMENT
DSAC — Land Development Review Subcommittee
2025 Land Development Code Amendments
Agenda
Tuesday, September 16, 2025
3:00 pm
2800 N. Horseshoe Dr., 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. PL20240006969 - Rural Fringe Mixed Use District (RFMUD) Restudy — LDCA
b. PL20250010243 - Development Order Process and Timeframes — LDCA
5. Public Speakers
6. Reminders of Upcoming DSAC-LDR Subcommittee Meeting Dates Discussion:
a. Tuesday, November 18, 2025
b. Tuesday, December 16, 2025
7. Adjourn
For more information, please contact Eric Johnson at (239) 252-2931
or at Eric.Johnson@colliercountvfl.gov
,#)Collier County
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240006969
ORIGIN
Growth Management
Community Department
(GMCD)
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment proposes to update the
Rural Fringe Mixed Use District (RFMUD) in concert with the changes
approved to the Growth Management Plan (GMP) with the adoption of
Ordinance 2023-25 and Ordinance 2025-16. 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).
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 02.03.07 Overlay Zoning Districts
CCPC TBD 02.03.08 Rural Fringe Zoning Districts
DSAC TBD 02.06.01 Generally
DSAC-LDR 08/19/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
On May 23, 2023, the Board adopted Ordinance 2023-25, which consisted of amending Future Land Use
Element (FLUE), Future Land Use Map (FLUM) and Map series as part of the RFMUD restudy. This LDC
amendment implements updates to the LDC resulting from the approved RFMUD restudy and subsequent
Board adopted GMP clean-up, Ordinance 2025-16, as follows: increasing of the number of base Transfer of
Development Rights (TDR) credits generated per acre/per nonconforming lot, increasing of density on
receiving lands for affordable housing, allowance of active recreation in the sending lands as conditional
uses, addition of Belle Meade Hydrologic Enhancement Overlay (BMHEO) provisions, changes to
Environmental Restoration and Maintenance TDR Bonus credit generation, introduction of Business and
Industrial Uses in the receiving lands with specific uses, development standards and locational criteria to be
identified within the LDC, introduction of Neighborhood commercial uses within Affordable Housing
projects with specific uses, design standards, development standards and locational criteria to be identified
within the LDC, additional development standards and location criteria for housing that is affordable within
the RFMUD receiving lands, addition of clustering provisions for RFMUD sending lands, addition of
Conservation TDR Credits, changes to Rural Village design criteria and density bonus for low-income
residential units provided, and reduction of open space requirement for housing that is affordable projects.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
The fiscal impacts to Collier County resulting The proposed LDC amendment has been reviewed by
from this amendment are for staff time to Comprehensive Planning staff and may be deemed
prepare the amendment and costs for the consistent with the GMP.
associated legal advertising/public notice for
G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2025\Sep 16\Materials\PL20240006969 RFMUD Restudy - LDCA
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Collier County
the public hearings. Funds will be available
from the Unincorporated Area General Fund
(1011) and the Comprehensive Planning Cost
Center.
EXHIBITS: A) None
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Amend the LDC as follows:
2.03.07 — Overlay Zoning Districts
* * * * * * * * * * * * *
D. Special Treatment Overlay (ST)
* * * * * * * * * * * * *
4. Transfer of Development Rights (TDR).
a. Purpose, Intent and Applicability.
i. Purpose. The primary purpose of the TDR process is to establish
an equitable method of protecting and conserving lands determined
to have significant environmental value, including large connected
wetland systems and significant areas of habitat for listed species;
and
To provide a viable mechanism for property owners of such
environmentally valuable lands to recoup lost value and
development potential which may be associated with the
application of environmental preservations standards to such lands.
ii. Intent. These TDR provisions are intended to accomplish the above
stated purpose through an economically viable process of
transferring development rights from less suitable non-RFMU
sending areas to more suitable non-RFMU receiving areas, and
from nonRFMUsending areas and? less suitable RFMU receiving,
neutral and sending lands to more suitable n^n_RFMU receiving
areas a d RFMU receiving lands and non-RFMU receiving areas.
iii. Applicability. These TDR provisions shall be applicable to those
areas specifically identified in (b), (c) and (d) below. These TDR
provisions shall not be applicable to the any transfer of development
rights within the RLSA District.
* * * * * * * * * * * * *
C. TDR credits from RFMU sending lands: General Provisions_
i. Creation of TDR credits.
a) TDR credits are generated from RFMU sending lands at a
rate of 24 TDR credits per 5 acres of RFMU Ssending bland
or, for those legal non -conforming lots or parcels of less than
5 acres that were in existence as of June 22, 1999, at a rate
of 24 TDR credits per legal non -conforming lot or parcel.
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b) For lots and parcels 5 acres or larger, the number of TDR
credits generated shall be calculated using the following
formula:
# of acres x 0.42 = # of TDR credits generated.
Where the number of TDR credits thus calculated is a
fractional number, the number of TDR credits created shall
be rounded to the nearest 1/100th.
Creation of TDR Bonus credits. TDR Bonus credits shall only be
generated from RFMU sending land property from which TDR
credits have been severed. The three types of TDR Bonus credits
are as follows:
a) Environmental Restoration and Maintenance Bonus credits.
Environmental Restoration and Maintenance Bonus credits
are generated at a rate of up to 0.6 4 credits for each TDR
credit severed from that RFMU sending land for which a
Restoration and Management Plan (RMP) has been
accepted by the County but in no case less than 0.2 TDR
credits per acre. In order for the County to be accepted an
RMP, a -the RMP shall satisfy the following:
4) The RMP shall include a listed species
management plan.
ii 2) The RMP shall comply with the criteria set
forth in LDC section 3.05.08.A.; and B.
iii -3,) The RMP shall provide financial assurance,
in the form of a letter of credit or similar financial
security, establishing that the RMP shall remain in
place and be performed, until the earlier of the
following occurs:
1) a: Viable and sustainable ecological
and hydrological functionality has been
achieved on the property as measured by the
success criteria set forth in the RMP.
b: The property is conveyed to a
County, state, or federal agency as provided
in b) below.
iv 4) The RMP shall provide for the exotic
vegetation removal and maintenance to be
performed by an environmental contractor
acceptable to the County.
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v) In the case of legal nonconforming lots or parcels in
existence as of June 22, 1999, where such lot or
parcel is less than 5 acres, up to three TDR credits
may be severed from said lot or parcel depending on
the activities contained in this section that are
performed. The generation rate of bonus credits
shall be based on the type of activity completed and
meeting additional criteria as follows:
1) Exotic vegetation removal, non-native
vegetation and nuisance or invasive plant
control and maintenance shall generate 0.2
TDR credits for each acre of exotic
vegetation removal, and control and
maintenance.
2) Listed saecies restoration areas. other than
wading birds, shall generate 0.3 TDR credits
for each acre of restored land that has met
applicable success criteria as determined by
the permitting or commenting agency
authorizina said restoration.
3) Wadina bird restoration areas shall aenerate
0.4 TDR credits for each acre of restored
land that has met applicable success criteria
as determined bV the permitting or
commenting agency authorizing said
restnration_
4) Connector wetlands and flow wav restoration
areas shall generate 0.6 TDR credits for
each acre of restored land that has met
applicable success criteria as determined by
the permitting or commenting agency
authorizing said restoration.
5) Large mammal corridor creation, restoration,
or enhancement shall generate 0.6 TDR
credits for each acre of land created,
restored, or enhanced upon demonstration
that the respective activities have met
applicable success criteria as determined by
the permitting or commenting agency
authorizing said activities. The awarding of
the 0.6 TDR credits may be phased to
coincide with a phased implementation
process in accordance with the permitting or
commenting agency.
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6) Invasive exotic vegetation removal and
dedication of a "Flow -Way Easement" to
Collier County shall generate 0.2 TDR
credits for each acre of such land. Properties
shall be located entirely or partially within the
Belle Meade Hydraulic Enhancement
Overlay (BMHEO), as depicted on the
BMHEO Map of the FLUM series. This bonus
TDR credit shall only be applicable within two
(2) years of the effective date of adoption in
the FLUE (adopted May 23, 2023). The
County will assume the responsibility for the
recording of the "Flow -Way Easement" and
the perpetual exotic maintenance of the
parcel as a condition of the property owner
granting the easement.
b) Conveyance Bonus credits. Conveyance Bonus credits are
generated at a rate of 1 credit for each TDR credit severed
from that RFMU sending land that is conveyed in fee simple
to a government agency as a gift, or to a not -for -profit entity
or land trust, approved by the Board of County
Commissioners, by gift. Conveyance Bonus credits shall
only be generated from those RFMU sending land
properties on which an RMP has been accepted as provided
in a) above.
c) Belle Meade Flow -Way TDR Bonus. Owners of private
Droaerty located entirely or Dartially within the BMHEO
(adopted May 23, 2023), as depicted on the BMHEO Map,
are eligible to transfer development rights from Sending
Lands at a maximum rate of 0.4 TDR credits per acre (two
TDR credits per five acres) or legal nonconforming lot of
record in exchange for providing a "Flow -Way Easement" to
Collier County. Eligibility is limited to within two years of
adoption of the establishment of the BMHEO. Eligible
parcels area identified on the Belle Meade Hydrologic
Enhancement Overlay Area Flow -Way TDR Bonus Credit
Eligibility Map, adopted by separate resolution. Carl. Ent
Rani S nredifs Early Entry Rani S nrerdifs shall he generated
of a rate of 1 addifienal nredif fer eanh TDR nredot that is
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iii. Calculation of TDR Bonus credits.
a) Environmental Restoration and Maintenance Bonus credits
are calculated as follows:
# TDR credits generated from property x % property subject
to an approved RMP.
b) Conveyance Bonus credits are calculated as follows:
# TDR credits generated from property x % property subject
to an approved RMP and conveyed as provided in ii.b)
above.
0 Early Entry
rZ. enl is nredits are GaIG doted as folle�nic.
c) Belle Meade Flow -Way Bonus credits are calculated as
follows:
# TDR credits generated from property x % property subject
to an approved RMP and conveyed as provided in ii.c)
ahnvP_
iv. Receipt of TDR credits or TDR Bonus credits from RFMU sending
lands. TDR credits or TDR Bonus credits from RFMU sending lands
may be redeemed into Urban Areas, the Urban Residential Fringe,
and RFMU receiving lands, as provided in subsections 2.03.07
DA.d e. and ef. below.
V. Prohibition on redemption of fractional TDR credits and TDR Bonus
credits. While fractional TDR credits and TDR Bonus credits may
be created, as provided in (ii) above, TDR credits and TDR Bonus
credits may only be redeemed in increments of whole, not
fractional, dwelling units. Consequently, fractional TDR credits and
fractional TDR Bonus credits must be aggregated to form whole
units, before they can be utilized to increase density in either non-
RFMU Receiving Areas or RFMU Rreceiving lands.
vi. Prohibition on severance of development rights.
a) Nether TDR credits nor TDR Early Entry BenUS nrerdits shall
not be generated from RFMU sending lands where a
conservation easement or other similar development
restriction prohibits the residential development of such
property, with the exception of those TDR Early Entry Bonus
credits associated with TDR credits severed from March 5,
2004, until July 20, 2023, (the effective date of Ordinance
No. 2023-25. that amended the Growth Manaaement Plan
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to eliminate the TDR Early Entry Bonus credit) [the off--fi ,o
date ofthisprevTs+oR4. Environmental Restoration and
Maintenance Bonus credits and Conveyance Bonus credits
may only be generated from those RFMU sending lands
where a conservation easement or other similar
development restriction on development was imposed in
conjunction with the severance of TDR credits.
b) Neither TDR credits nor any TDR Bonus credits shall be
generated from RFMU sending lands that were cleared for
agricultural operations after June 19, 2002, for a period of
twenty-five (25) years after such clearing occurs.
d. TDR credits from RFMU neutral lands or receiving lands, including lands
within the NBMO: General Provisions.
Creation of TDR credits from RFMU neutral lands or receiving
lands, including lands within the NBMO. A TDR credit shall be
issued to the owner of private property for each five (5) acre parcel
or legal nonconforming lot of record designated neutral lands, or
receiving Lands, including lands within the NBMO, at the transfer
rate of one (1) TDR credit for each five acres or legal nonconforming
lot of record, utilized for conservation use. A perpetual easement
shall be placed on such conservation lands used for conservation
uses to protect these lands in perpetuity. A restrictive covenant in
favor of Collier County will be placed on lands used for conservation
restricting the use in perpetuity to protect against non -conservation
development. This TDR credit shall not apply to receiving lands or
neutral lands, including lands within the NBMO that are preserved
within a development project to comply with Native Vegetation
Preservation requirements.
ii. Receipt of TDR credits from RFMU neutral lands, or receiving
lands, including receiving lands within the NBMO. TDR credits from
RFMU neutral lands, or receiving lands, including receiving lands
within the NBMO may be redeemed into Urban Areas, the Urban
Residential Fringe, and RFMU receiving lands, as provided in LDC
subsections 2.03.07 DA.e. and f. below.
Prohibition on redemDtion of fractional TDR credits. While fractional
TDR credits may be created, TDR credits may only be redeemed in
increments of whole, not fractional, dwelling units.
ed. Redemption of TDRs into non-RFMU receiving areas. Redemptions into
the Urban Residential Fringe shall be permitted exclusively through the use
of TDR credits and TDR Bonus credits derived from the RFMU to increase
density by a maximum of 1.0 dwelling units per acre, allowing for a density
increase from the existing allowable base density of 1.5 dwelling units per
acre to a maximum of 2.5 dwelling units per gross acre.
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Redemption into RFMU receiving lands.
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Maximum density on RFMU receiving lands when TDR credits are
redeemed.
a) The base residential density allowable shall be as provided
in sections 2.03.08 A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a).
b) The density achievable through the redemption of TDR
credits and TDR Bonus credits into RFMU receiving lands
shall be as provided for in section 2.03.08 A.2.a.(2)(b)(i)
outside of rural villages and sections 2.03.08 A.2.b.(3)(b)
and 2.03.08 A.2.b.(3)(c)(+) inside of rural villages.
Remainder uses after TDR credits are severed from RFMU sending
lands. Where development rights have been severed from RFMU
district Sending Lands, such lands may be retained in private
ownership and may be used as set forth in LDC section 2.03.08
A.4.b.
gf. Procedures applicable to the severance and redemption of TDR credits and
the generation of TDR Bonus credits from RFMU sending lands.
General. Those developments that utilize such TDR credits or TDR
Bonus credits are subject to all applicable permitting and approval
requirements of this Code, including but not limited to those
applicable to site development plans, plat approvals, PUDs, and
DRIs.
a) The severance of TDR credits and the generation of Earl„
Entry BenUS merits from RFMU sending lands does not
require further approval of the County if the County
determines that information demonstrating compliance with
all of the criteria set forth in ii.a) below has been submitted.
However, those developments that utilize such TDR credits
and Early Entry Bonus credits are subject to all applicable
permitting and approval requirements of this Code,
including but not limited to those applicable to site
development plans, plat approvals, PUDs, and DRIs.
b) The generation of Environmental Restoration and
Maintenance Bonus credits and Conveyance Bonus credits
requires acceptance by the County of a RMP.
In order to facilitate the County's monitoring and regulation of the
TDR Program, the County shall serve as the central registry for all
TDR severances, transfers (sales) and redemptions, as well as
maintain a public listing of TDR credits available for sale along with
a listing of purchasers seeking TDR credits. No TDR credit
generated from RFMU sending lands, may be utilized to increase
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density in any area unless the following procedures are complied
with in full.
a) TDR credits shall not be used to increase density in either
non-RFMU Receiving Areas or RFMU receiving lands until
severed from RFMU sending lands. TDR credits shall be
deemed to be severed from RFMU sending lands at such
time as a TDR credit Certificate is obtained from the County.
TDR credit Certificates shall be issued only by the County
and upon submission of the following:
i) aA legal description of the property from which the
RFMU TDR credits originated, including the total
acreage;
ii) aA title opinion establishing that, prior to the
severance of the TDR credits from RFMU sending
lands, such sending lands were not subject to a
conservation restriction or any other development
restriction that prohibited residential development;
iii) aAn affidavit, signed by the owner, stating that the
property was not subject to a conservation restriction
or any other development restriction that prohibited
residential development during the period between
the effective date of the title opinion and
conservation easement recordation;
iv) aAn executed Limitation of Development Rights
Agreement, prepared in accord with the form
provided by the County, that limits the allowable
uses on the property after the severance of TDR
credits as set forth in LDC section 2.03.08 AA.b.;
and
v) aA statement attesting that the TDR credits are not
being severed from RFMU sending lands in violation
of LDC subsection 2.03.07 D.4.c.vi.b) of the Cede.
vi) dDocumented evidence that, if the property from
which TDRs are being severed is subject to a
mortgage, lien, or any other security interest; the
mortgagee, lien holder, or holder of the security
interest has consented to the recordation of the
Limitation of Development Rights Agreement
required for TDR severance; transfer (sale) of TDR
credit; and redemption of TDR credit.
b) TDR Bonus credits shall not be used to increase density in
either non-RFMU receiving areas or RFMU receiving lands
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until a TDR credit certificate reflecting the TDR Bonus
credits is obtained from the County and recorded.
12-) Environmental Restoration and Maintenance Bonus
credit. A TDR certificate reflecting Environmental
Restoration and Maintenance Bonus credits shall
not be issued until the County has accepted a RMP
for the sending lands from which the Environmental
Restoration and Maintenance Bonus credit is being
generated. Any sending lands from which TDR
credits have been severed may also be used for
mitigation programs and associated mitigation
activities and uses in conjunction with any county,
state or federal permitting. Where the Environmental
Restoration and Maintenance Credit is applied for
sending lands that are also being used (title or
easement) for mitigation for permits or approvals
from the U.S. Army Corps of Engineers, U. S. Fish
and Wildlife Service, Florida Department of
Environmental Protection, Florida Fish and Wildlife
Conservation Commission, or the South Florida
Water Management District, the County shall accept
as the RMP for the sending mitigation lands, the
restoration and/or maintenance requirements of
permits issued by any of the foregoing governmental
agencies for said lands.
2-3) Conveyance Bonus credit. A TDR certificate
reflecting Conveyance Bonus credits shall not be
issued until the County has accepted a RMP for the
Sending Lands from which the Conveyance Bonus
credit is being generated and such sending lands
have been conveyed, in fee simple, to a County,
state, or federal government agency.
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c) A PUD or DRI utilizing TDR credits or TDR Bonus credits
may be conditionally approved, but no subsequent
application for site development plan or subdivision plat
within the PUD or DRI shall be approved, until the developer
submits the following:
i) Documentation that the developer has acquired all
TDR credits and TDR Bonus credits needed for that
phase of the development that is the subject of the
site development plan or subdivision plat.
d) The developer shall provide documentation of the
acquisition of full ownership and control of all TDR credits
and TDR Bonus credits needed for the development prior to
the approval of any site development plan, subdivision plat,
or other final local development order, other than a PUD or
DRI.
e) Each TDR credit shall have an individual and distinct
tracking number, which shall be identified on the TDR
certificate that reflects the TDR credit. The County TDR
Activity Log shall maintain an ongoing database that
categorizes all TDR credits relative to severance, transfer
(sale) and redemption activity.
f) Each TDR Bonus credit shall have an individual and distinct
tracking number, which shall be identified on the TDR
certificate and which shall identify the specific TDR credit
associated with the TDR Bonus credit. The County TDR
Registry shall maintain a record of all TDR Bonus credits, to
include a designation of those that have been expended.
g) The County bears no responsibility to provide notice to any
person or entity holding a lien or other security interest in
Sending Lands that TDR credits have been severed from
the property or that an application for such severance has
been filed.
hg. Proportional utilization of TDR credits and TDR Bonus credits. Upon the
issuance of approval of a site development plan or subdivision plat that is
part of a PUD or DRI, TDR credits and TDR Bonus credits shall be
redeemed at a rate proportional to percentage of the PUD or DRI's
approved gross density that is derived through TDR credits and TDR Bonus
credits. All PUDs and DRIs utilizing TDR credits and TDR Bonus credits
shall require that the rate of TDR credit and TDR Bonus credits
consumption be reported through the monitoring provisions of section
10.02.12 and subsection 10.02.07.C.1.b of this Code.
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# # # # # # # # # # # # #
2.03.08 — Rural Fringe Zoning Districts
A. Rural Fringe Mixed -Use District (RFMU District).
Purpose and scope. The purpose and intent of the RFMU District is to provide a
transition between the Urban and Estates Designated lands and between the
Urban and Agricultural/Rural and Conservation designated lands farther to the
east. The RFMU District employs a balanced approach, including both regulations
and incentives, to protect natural resources and private property rights, providing
for large areas of open space, and allowing, in designated areas, appropriate
types, density and intensity of development. The RFMU District allows for a mixture
of urban and rural levels of service, including limited extension of central water and
sewer, schools, recreational facilities, commercial uses, and essential services
deemed necessary to serve the residents of the RFMU District. The innovative
planning and development techniques which are required and/or encouraged
within the RFMU District were developed to preserve existing natural resources,
including habitat for listed species, to retain a rural, pastoral, or park -like
appearance from the major public rights -of -way, and to protect private property
rights.
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU
district that have been identified as being most appropriate for development and
to which residential development units may be transferred from RFMU sending
lands. Based on the evaluation of available data, RFMU receiving lands have a
lesser degree of environmental or listed species habitat value than RFMU sending
lands and generally have been disturbed through development or previous or
existing agricultural operations. Various incentives are employed to direct
development into RFMU receiving lands and away from RFMU sending lands,
thereby maximizing native vegetation and habitat preservation and restoration.
Such incentives include, but are not limited to: the TDR process; clustered
development; density bonus incentives; and, provisions for central sewer and
water. Within RFMU receiving lands, the following standards shall apply, except
as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in
an applicable PUD.
a. Outside rural villages.
(1) NBMO Exemption. Except as specifically provided herein NBMO
Receiving Lands are only subject to the provisions of LDC section
2.03.08 C & LDC section 2.03.07 DA.d.
(2) Maximum Density.
(a) Base density. The base residential density allowable within
RFMU receiving lands, exclusive of the applicable density
blending provisions set forth in LDC section 2.05.02, is 1 unit
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per 5 gross acres (0.2 dwelling units per acre) or, for those
legal nonconforming lots or parcels in existence as of June
22, 1999, 1 unit per lot or parcel.
(b) Additional density
Additional Density Allowed Through the TDR
Process. Outside of rural villages, the maximum
density achievable in RFMU Receiving Lands
through TDR credits and TDR Bonus Credits is 1
dwelling unit per acre.
a) Clustering Required. Where the transfer of
development rights is employed to increase
residential density within RFMU receiving
lands, such residential development shall be
clustered in accordance with the following
provisions:
i) Central water and sewer shall be
extended to the project. Where
County sewer or water services may
not be available concurrent with
development in RFMU receiving
lands, interim private water and
sewer facilities may be approved.
ii) The maximum lot size allowable for a
single-family detached dwelling unit
is 1 acre.
iii) The clustered development shall be
located on the site so as to provide to
the greatest degree practicable:
protection for listed species habitat;
preservation of the highest quality
native vegetation; connectivity to
adjacent natural reservations or
preservation areas on adjacent
developments; and, creation,
maintenance or enhancement of
wildlife corridors.
b) Minimum Project Size. The minimum project
size required in order to receive transferred
dwelling units is 40 contiguous acres e, xcept
that no minimum Droiect size is reauired for
the Receiving Lands areas along Immokalee
Road.
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c) Emergency Preparedness. In order to
reduce the likelihood of threat to life and
property from a tropical storm or hurricane
event any development approved under the
provisions of this section shall demonstrate
that adequate emergency preparedness and
disaster prevention measures have been
taken by, at a minimum:
i) Designing community facilities,
schools, or other public buildings to
serve as storm shelters if located
outside of areas that may experience
inundation during a Category 1 or
worse storm event. While the need to
utilize such shelters will be
determined on a case -by -case basis,
areas which are susceptible to
inundation during such storm events
are identified on the Sea, Lake, and
Overland Surge from Hurricane
(SLOSH) Map for Collier County.
ii) Evaluating impacts on evacuation
routes, if any, and working with the
Collier County Emergency
Management staff to develop an
Emergency Preparedness Plan to
include provisions for storm shelter
space, a plan for emergency
evacuation, and other provisions that
may be deemed appropriate and
necessary to mitigate against a
potential disaster.
iii) Working with the Florida Division of
Forestry, Collier County Emergency
Management staff, and the managers
of any adjacent or nearby public
lands, to develop a Wildfire
Prevention and Mitigation Plan that
will reduce the likelihood of threat to
life and property from wildfires. This
plan shall address, at a minimum:
project structural design; the use of
materials and location of structures
so as to reduce wildfire threat;
firebreaks and buffers; water
features; and, the rationale for
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prescribed burning on adjacent or
nearby lands.
ii. Additional density allowed through the provisions of
housing that is affordable. Outside of rural villages,
the maximum density achievable in RFMU
Receivina Lands throuah housina that is achievable
provisions is 12.2 dwelling units per acre, subject to
an affordable housing density bonus agreement
consistent with LDC Section 2.06.06. TDR credits
are not required or allowed to achieve density.
Where the provisions of housing that is affordable
are employed to increase residential density within
RFMU receiving lands, such residential
development shall be clustered in accordance with
the following provisions:
a) The project shall be located along a road
classified as an arterial or collector or located
along a road that has direct access to an
arterial or collector street. The protect shall
be located no further than one-half mile
(2,640 feet) from an arterial or collector
street_
b) Central water and sewer shall be extended
to the project.
c) The maximum lot size allowable for a single-
family detached dwelling unit is 1 acre.
d) The clustered development shall group
principal buildings and structures together
into one or more groups on a portion of the
site to the greatest degree practicable to
create more expansive and less fragmented
open space areas with priority placed on the
following: Protection for listed species
habitat; preservation of the highest quality
native vegetation; connectivity to adjacent
natural reservations or preservation areas on
adjacent developments; and, creation,
maintenance or enhancement of wildlife
corridors. The development shall be sited to
lessen the land area devoted to roads and
infrastructure within the develoDment.
e) Emergency Preparedness. The cluster
development shall demonstrate that
adequate emergency preparedness and
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disaster prevention measures have been
taken as set forth in LDC section 2.03.08
A.2.a.(2)(b)(i)c).
iii. Additional density Allowed Through Other Density
Bonuses. Once a density of one (1) unit per acre is
achieved through the use of TDR credits and TDR
Bonus credits, additional density may be achieved
as follows:
a) A density bonus of 0.1 unit per acre shall be
allowed for the preservation of additional
native vegetation as set forth in Section
3.05.07 E.1. of the Code.
b) A density bonus of 0.1 units per acre shall be
allowed for projects that incorporate those
additional wetlands mitigation measures set
forth in LDC Ssection 3.05.07 F.4-.b3. .ii. of
#die -Cede.
(3) Allowable Uses.
(a) The Table of Uses identifies uses as permitted uses (P) or
conditional uses (CU). Conditional uses shall require
approval in accordance with the procedures set forth in LDC
section 10.08.00.
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FH Multi family rooid eRtirail GtFunraFes , �Gli st eFhRg
employed.
1• .
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The use s1 aR iRtegmted pes
management pFE)gFem using both
hielegmGal and GhemmGal agents to
GE)RtYelyaFmeus pests;
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(b) Accessory uses.- shall be regulated as follows:
Accessory uses as set forth in LDC section 2.03.01
oft of hivrmms Code.
Accessory uses and structures that are accessory
and incidental to uses permitted as of right in the
RFMU district.
iii. Recreational facilities that serve as an integral part
of a residential development and have been
designated, reviewed, and approved on a site
development plan or preliminary subdivision plat for
that development. Recreational facilities may
include, but are not limited to clubhouse, community
center building, tennis facilities, playgrounds and
playfields.
(c) Any use not listed in the Table of Uses is prohibited unless
the County Manager or designee determines that it falls
within the same class as a listed use through the process
outlined in LDC section 1.06.00, Rules of Interpretation.
GeRditionol uses. fellowin uses are permissible as
G n -litienol uses subjent to the standards and nreGed gyres
ester hedOnLDC seGti 0-
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I �i In RFM I reeeiVing lands ether than these within the
2 NBMO asphalt and sennre#e ha#eh_making plants
3
4 iv In RFM I reeeiVing lands ether than these within the
5 NBMQ earth mining and extraetien
7 Wire!eSS GE)MmrruniGa iOR faadlities,subjeGt to LDC
8 seetien 5.05.09.
10 (d) Table of Uses.
11
i. Agricultural
a)
Agricultural activities, including, but not limited to: Crop raising;
P'
horticulture; fruit and nut production; forestry; groves;
nurseries; ranching; beekeeping; poultry and egg production;
milk production; livestock raising, and aquaculture for native
species subject to the State of Florida Fish and Wildlife
Conservation Commission permits.
H. Residential
Dormitories, duplexes and other types of staff housing, as may
P
be incidental to, and in support of, conservation uses.
c)
Family Care Facilities: 1 unit per 5 acres and subject to LDC
P
section 5.05.04.
d)
Farm labor housing limited to 10 acres in any single location:
P
a Single family/duplex/mobile home: 11 dwelling units per
acre; and
b Multifamily/dormitory: 22 dwelling units/beds per acre.
e)
Group care facilities and other care housing facilities, other
CU
than family care facilities, subject to a maximum floor area ratio
of 0.45.
f)
Multi -family residential structures. Subject to residential
P
clustering provisions outlined in LDC section 2.03.08 A.3.b 2 .
g�
Single-family residential dwelling units, including mobile homes
P
where a mobile home Zoning Overlay exists.
Staff housing as may be incidental to, and in support of, safety
P
service facilities and essential services.
Hi. Mixed Use, when developed as part of a housing that is affordable
roaect
a)
Any permitted use in the C-1 and C-2 zoning districts, except
P2
gasoline service stations (SIC 5541) and standalone drive -
through restaurants SIC 5812 shall be prohibited.
b)
Amusement and recreation services, indoor (SIC 7999 martial
P2
arts, yoga and gymnastics instruction, gymnastic schools, and
recreation involving physical fitness exercise only
c)
Amusement and recreation services, outdoor (SIC 7999
CU2
miniature golf course bicycle, and moped rental onlyj
Animal specialty services, except veterinary (SIC 0752,
P2
excluding outside kennelin
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Apparel and accessory stores (SIC 5611- 5699) with 5,000
P2
s uare feet or less of gross floor area in the rinci al structure
Auto and home supply stores (SIC 5531) with 5,000 square feet
P2
or less of gross floor area in the principal structure
Bowling centers SIC 79131
CU2
h
Business associations SIC 8611
P2
i)
Business services — miscellaneous (SIC 7389, except
P2
auctioneering service, automobile recovery, automobile
repossession, batik work, bondspersons, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic
kits, cotton inspection, cotton sampler, directories- telephone,
drive- away automobile, exhibits- building, filling pressure
containers, field warehousing, fire extinguisher, floats -
decoration, folding and refolding, gas systems, bottle labeling,
liquidation services, metal slitting and shearing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or
powerline inspection, press clipping service, process serving
services, recording studios, repossession service, rug binding,
salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles,
swimming pool cleaning, tape slitting, tax collection agencies,
texture designers, textile folding, tobacco sheeting, window
trimming and acht broker
Drug stores SIC 5912
P2
Eating places (SIC 5812 only) with 6,000 square feet or less in
P2
gross floor area in the principal structure
Food stores (groups 5411-5499) with 5,000 square feet or
P2
less of gross floor area in the principal structure
m)
General merchandise stores (SIC 5331-5399, except poultry
P2
dealer) with 5,000 square feet or less of gross floor area in the
principal structure.
n)
Health services, office and clinics (SIC 8011-8049, 8071, 8092,
P2
8099, except for blood banks, blood donor stations,
plasmapheresis centers and sperm banks
o)
Home furniture and furnishings stores (SIC 5712-5719) with
P2
5,000 square feet or less of gross floor area in the principal
structure.
p)
Household appliance stores (SIC 5722) with 5,000 square feet
P2
or less of gross floor area in the principal structure
Laundries family and commercial SIC 72111
P2
r
Membership organizations, miscellaneous SIC 8699
P2
s)
Musical instrument stores (SIC 5736) with 5,000 square feet or
P2
less of gross floor area in the principal structure
Paint stores (SIC 5231) with 5,000 square feet or less of gross
P2
floor area in the principal structure
u
Personal credit institutions SIC 6141
P2
y)
Personal services, miscellaneous (SIC 7299 - babysitting
P2
bureaus, clothing rental, costume rental, dating service, debt
counseling,depilatory salons diet workshops, dress suit rental
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electrolysis, genealogical investigation service, and hair
removal only) with 5,000 square feet or less of gross floor area
in the principal structure
wj
Personnel supply services SIC 7361 and 7363
P2
x)
Physical fitness facilities (SIC 7991; 7911, except
P2
discothe ues
Political organizations SIC 8651
P2
z)
Radio, television and consumer electronics stores (SIC 5731)
P2
with 5,000 square feet or less of gross floor area in the principal
structure
as
Membership sports and recreational clubs indoor only (SIC
CU2
7997
bb)
Repair services - miscellaneous (SIC 7629-7631, 7699 -
P2
bicycle repair, binocular repair, camera repair, key duplicating,
lawnmower repair, leather goods repair, locksmith shop,
picture framing, and pocketbook repair only)
cc
Retail nurseries, lawn and garden supply stores (SIC 5261)
P2
with 5,000 square feet or less of gross floor area in the principal
structure
dd
Retail services - miscellaneous (SIC 5921-5963 except
P2
pawnshops and building materials, SIC 5992-5999 except
auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths)
with 5,000 square feet or less of gross floor area in the principal
structure.
ee
Vocational schools (SIC 8243-8299, except automobile driving
CU2
instruction, charm schools, charm and modeling finishing
schools, flying instruction, hypnosis schools, survival schools
and truck driving schools. Music and drama schools shall be
limited to 60 decibels audible from outside
iv. Rural Villages
Rural villages, subject to the provisions set forth under LDC
P
section 2.03.08 A.2.b. below.
v. Economic Development uses that are business and industrial uses and
meet the intent of the Florida Qualified Targeted Industrial uses, as
identified in the GMP.
a
Apparel and other finished products 2311-2399
P3
b)
Business services (7311-7313, 7319, 73344-7336,
E3
7342,7389), including auction rooms (5999), subject to parking
and landscaping for retail use
d)
Communications (4812-4899 including communications
P3
towers up to specified heights, subject to LDC section 5.05.09
e
Depository and non -depository institutions (6011-6163)
CU3
f)
Drugs (2833-2835)
P3
Educational services (8221- 8299)
CU3
121
Electronic and other electrical e ui ment 3612-3699
P3
Engineering, accounting, research, management, and related
P3
services (8711-8748)
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Food and kindred products (2011-2015 except slaughtering
P3
plants, 2021-2099
I
Furniture and fixtures (2511-2§,991
P3
n
Health services 8011-8049 8092 8093
CU3
o
Holdin and other investment offices 6712-6799
CU3
p)
Industrial and commercial machinery and computer equipment
P3
3511-3599
Insurance agents, brokers and service L6411
CU3
r
Insurance carriers 6311-6399
CU3
s
Job Training and Vocational Rehabilitation Services 8331
CU3
t
Leather and leather products 3131-3198
P3
u
Legal services 8111
P3
v
Local and suburban transit 4111-4173
CU3
w
Lumber and wood products 2426 2431-2499
P3
x)
Measuring, analyzing, and controlling instruments;
P3
photographic, medical, and optical goods; watches and clocks
manufacturing 3812-3873
Medical and dental laboratories 8071 8072
P3
z)
Medicinal chemicals and botanical products (2833 vitamins
P3
onl
as)
Miscellaneous manufacturing industries (3911-3996, 3999
P3
including "additive manufacturing," as defined in ISO ASTM
52900
bb
Miscellaneous services 8999
CU3
cc
Motion pictures 7812-7829
P3
dd
Motion pictures 7832-7833
CU3
ee
Motor freight transportation and warehousing (4212—
P3
42-2-54222, 4226 except oil and gas storage, and petroleum and
chemical bulk stations
Paper and paperboard mills (2621, 25311
CU3
hh)
Printing, publishing, and allied industries 2711-2796
P3
Rubber and miscellaneous plastic products 3021-3089
CU3
Sawmills and planing mills (24Z1,24291
CU3
—Lkj
II
Security brokers dealers and flotation companies 6211
CU3
pm)
Space research and tech nolo 9661
P3
nn
Stone, clay, glass, and concrete products (3211, 3221, 3231,
CU3
3251-3273, 3275, 3281), indoor only, with no outside storage
of materials ore ui ment.
0o
Textile mill products 2211-2298
CU3
Title Abstract Offices 6541
CU3
gg)
Transportation equipment (3714, 3716, 3721-3751, 3792,
P3
3799
rr
Transportation services 4724-4783 4789 except stock ards
CU3
ss
United States Postal services 4311
P3
tt
Vocational schools (8243-82491
P3
uu
Wholesale trade —Durable goods (5012-5014, 5021-5049,
P3
5063-5092, 5094, 5099), indoor only, with no outside storage
of materials and a ui ment.
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5182, 5191 except that wholesale distribution of chemicals,
fertilizers, insecticides, and pesticides must be a minimum of
500 feet from a residential zoning district 5192-5199
vi. Miscellaneous
a)
Asphalt and concrete batch -making plants in RFMU receiving
CU
lands other than those within the NBMO.
Community facilities, such as, places of worship, childcare
CU
facilities cemeteries and social and fraternal organizations.
c)
Earth mining and extraction in RFMU receiving lands other than
CU
those within the NBMO
d)
Essential services identified in LDC sections 2.01.03 G.J. and
CU
G.3.
e)
Facilities for the collection, transfer, processing, and reduction
CU
of solid waste.
Golf courses or driving ranges.-
P4
g�
Oil and gas field development and production, subject to state
CU5
field development permits and Collier County non -
environmental site development plan review procedures.
h
Park, open space, and recreational uses.
P
i
Private schools.
P
Public educational plants and ancillar lants.
P
k
Travel trailer recreation vehicle parks.
CU6
Sporting and Recreational camps not to exceed 1 cabin/lodging
P
unit pgL5 gross acres.
m
Zoos a uariums botanical gardens, and similar uses.
CU
Owning, maintaining, or operating any facility or part thereof
for the following purposes is prohibited:
i) Fighting or baiting any animal by the owner of such
facility or any other person or entity.
ii) Raising any animal or animals that is/are intended to
be ultimately used for fighting or baiting purposes.
iii) For purposes of this subsection, the term baiting is
defined as set forth in � 828.122(2)(a), F.S., as it
may be amended from time to time.
All permitted neighborhood commercial uses within
Affordable Housing projects are subject to the following
standards in LDC section 2.03.08 A.2.a.M.
All permitted economic development uses shall be subject
to LDC section 2.03.08 A.2.a.(8).
For golf course projects, the following standards shall apply:
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The minimum density shall be one dwelling unit per
five gross acres. For golf course protects not
utilizing density blending Provisions set forth in the
Density Rating System of the FLUE, including free
standing golf courses: one TDR credit or TDR Bonus
credit shall be required per five (5) gross acres for
the land area utilized as part of the golf course,
including the clubhouse area, rough, fairways,
greens, and lakes, but excluding any area dedicated
as conservation, which is non -irrigated and retained
in a natural state. A TDR credit or TDR Bonus credit
used to entitle golf course acreage may not also be
used to entitle a residential dwelling unit.
ii) Golf courses shall be designed, constructed, and
managed in accordance with the Best Management
Practices of Audubon International's Gold Signature
Program. The protect shall demonstrate that the
Principles for Resource Management required by
the Gold Signature Program (Site Specific
Assessment, Habitat Sensitivity, Native and
Naturalized Plants and Natural Landscaping, Water
Conservation, Waste Management. Energy
Conservation & Renewable Enerav Sources.
Transportation, Greenspace and Corridors,
Agriculture, and BUILDING Design) have been
incorporated into the golf course's design and
oDerational Drocedures.
In order to Drevent the contamination of soil. surface
water and ground water by the materials stored and
handled by golf course maintenance operations, golf
courses shall comply with the Best Management
Practices for Golf Course Maintenance
Departments, prepared by the Florida Department of
Environmental Protection, September 2012.
iv) Stormwater management ponds shall be designed
to mimic the functions of natural systems: by
establishing shorelines that are sinuous in
confiauration in order to Drovide increased lenath
and diversity of the littoral zone. A Littoral shelf shall
be established to provide a feeding area for water
dependent avian species. The combined length of
vertical and rip -rapped walls shall be limited to 25%
of the shoreline. Credits to the site preservation area
requirements, on an acre- to- acre basis, shall be
aiven for littoral shelves that exceed these littoral
shelf area requirements
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v) Site preservation and native vegetation retention
requirements shall be those set forth in LDC section
3.05.07
Directional -drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a
state permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F.A.C., regardless of
whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All
applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of
the issuance of all applicable federal and/or state oil and gas
permits for proposed oil and gas activities in Collier County,
so long as the state permits comply with the requirements
of Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for convening
the Big Cypress Swamp Advisory Committee as set forth in
Section 377.42, F.S., to assure compliance with Chapter
62C-25 through 62C-30, F.A.C., even if outside the defined
Big Cypress Watershed. All oil and gas access roads shall
be constructed and protected from unauthorized uses
according to the standards established in Rule 62-
30.005(2)(a)(1) through (12), F.A.C.
Subiect to the followina criteria:
i) The site is adjacent to an existing travel trailer
recreational vehicle site; and
The site is no greater than 100% of the size of the
existing adjacent park site.
(4) Design Standards.
(a) Development Not Utilizing clustering, except for Mixed Use
and Economic Development are subject to LDC sections
2.03.08 A.2.a.(7) and 2.03.08 A.2.a.(8), respectively:
Minimum lot area: 5 Acres.
Minimum lot width: 165 Feet.
iii. Minimum yard requirements:
a) Front yard: 50 feet
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b)
Side yard: 30 feet
c)
Rear yard: 50 feet
d)
Nonconforming lots in existence as of June
22, 1999:
i) Front yard: 40 feet.
ii) Side yard: 10 percent of lot width, not
to exceed 20 feet on each side.
iii) Rear yard: 50 feet.
(b) Clustered development:
i. Lot areas and widths:
a)
Ssingle-family_
i) Minimum lot area: 4,500 square feet.
ii) Maximum lot area: One Acre.
iii) Minimum lot width: Interior lots 40
feet.
iv. Maximum lot width: 150 feet.
b)
Mn4ulti-family;
i) Minimum lot area: One Acre.
ii) Maximum lot area: None.
iii) Minimum lot width: 150 feet.
iv) Maximum lot width: None.
ii. Minimum yard requirements:
a)
Single -Family. Each single-family lot or
parcel minimum yard requirement shall be
established within an approved PUD, or shall
comply with the following standards:
i) Front: 20 feet (Note front yard
setback may be reduced to 10 feet
where parking for the unit is
accessed via a rear alley).
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ii) Side: 6 feet.
iii) Rear: 15 feet.
iv) Accessory: Per LDC section 4.02.03.
Additional setbacks from roadway (s) fo
projects using housing that is affordable
provisions:
i) No single-family dwelling may be
located closer than 50 feet to a
roadway classified as a public local or
a collector roadway.
ii) No single-family dwelling may be
located closer than 100 feet to a
roadway classified as an arterial
roadway.
cb) Multi -Family. For each multi -family lot or
parcel minimum yard shall be established
within an approved PUD, or shall comply with
the following standards:
i) Setback from Arterial or Collector
roadway(s): no multi -family dwelling
may be located closer than 200 feet
to a roadway classified or defined as
an arterial roadway or 100 feet from
any roadway classified or defined as
a collector roadway.
ii) Additional setbacks from roadway (s)
for projects using housing that is
affordable provisions: no multi -family
dwelling may be located closer than
75 feet to a roadway classified as a
public local roadway. Requirement
shall only apply to roadways external
to the development. Fr�feet,
j[q Front: 30 feet.
ivi-4) Rear: 30 feet.
+v) Side yard/separation between any
multi -family buildings: One-half of the
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building height or 15 feet, whichever
is greater.
vi) Accessory: Per LDC section 4.02.03.
iii. Additional setbacks for developments using housing
that is affordable Drovisions:
a) Perimeter setbacks from all adiacent sinale-
family residential or agriculturally zoned
property shall be no less than the front
setback requirement for the adjacent zoning
district or a minimum of one foot (setback)
per one -foot maximum zoned height for
principal structures, whichever is greater.
b) Clubhouse(s). amenitv centers. maintenance
buildings, vehicle service areas, amenity
centers that include active recreation areas
such as outdoor pools, tennis courts, etc.
must be located at least 350 feet from the
boundaries of any adjacent conservation
area or zoned RFMU sendina lands.
c) Development must incorporate 100-foot-
wide setbacks where adjacent to any
conservation area and comply with the
following:
i) No yard or dwelling unit shall be
permitted within this setback.
ii) No lights, generators, pumps, other
fixed motors or accessory structures
except as noted below shall be
permitted within this setback.
iii) Passive recreation such as hiking,
logging, biking and walking will be
allowed along designated trail and
boardwalk systems and must
interconnect with existing trail
systems.
iv) Lakes may extend into this setback
but shall not incorporate lights or
structures, other than drainage
structures.
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v) Any sewer or electrical lines that is
placed within this setback must be
buried.
ivii+. Height limitations
a) Principal structures
i) Single Family: 35 feet.
ii) Multi -family: Five Stories not to
exceed 60 feet.
iii) Other structures: 35 feet except for
golf course/community clubhouses,
which may be 50 feet in height.
b) Accessory structures. 20 feet, except for
screen enclosures, which may be the same
height as the principal structure.
+v. Minimum floor space
a) Single Family: 800 square feet
b) Multi -family:
i) Efficiency: 450 Square feet
ii) One Bedroom: 600 square feet
iii) Two or More Bedrooms: 800 square
feet
(c) Parking. As required in Chapter 4 of this Code.
(d) Landscaping. As required in Chapter 4 of this Code e, xcept
as provided below for residential projects or residential -only
components of projects with a density greater than one
dwelling unit per acre, including projects using housing that
is affordable provisions.
i. A Type B Buffer shall be required for all project
boundaries that abut property zoned or developed
for sinale familv residential use.
ii. A minimum 20-foot-wide Type D Buffer shall be
required where abutting an arterial or collector
roadway. At minimum, the buffer shall consist of the
following at the time of planting:
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a) Canopy trees, with a minimum height of 12
feet, minimum spread of six feet, and a
maximum spacing of 30 feet on center. Palm
trees may be installed within this buffer but
shall not be used as a substitute for the
required canopy trees.
a) A continuous double row of three -gallon
hedges, 36 inches in height with a maximum
spacing of three feet on center. The hedges
shall be maintained at a minimum height of
Winches.
b) A meandering bed of groundcover placed
between the hedges and the roadway. The
bed of groundcover shall be a minimum width
of three feet, a maximum width of five feet,
and achieve 100 percent opacity and
coverage within one year of planting.
iii. All other project boundaries shall meet the buffer
requirements of LDC section 4.06.02, except that
Dalm trees shall not be substituted for canoov trees.
(e) Signs. As required in section 5.06.00 of this Code.
(5) Native vegetation Retention. As required in section 3.05.074.06.00
of this Code.
(6) Usable open space.
(a) Projects utilizing TDR credits of 40 or mere aGFeS in size
shall provide a minimum of 70 ercent usable open space.
Projects developed in accordance with LDC section 2.06.00
shall provide a minimum of 50 percent usable open space.
(b) Usable open space includes active or passive recreation
areas such as parks, playgrounds, golf courses, waterways,
lakes, nature trails, and other similar open spaces. Usable
open space shall also include areas set aside for
conservation or preservation of native vegetation and
landscape areas.
(c) Open water beyond the perimeter of the site, street right-of-
way, except where dedicated or donated for public uses,
driveways, off-street parking and loading areas, shall not be
counted towards required usable open space.
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(d) For projects that provide housing that is affordable, the
following standards shall apply:
i. All usable open space areas shall be part of a larger
continuous and integrated open space system within
the development. The development shall include an
internal pedestrian circulation system that provides
safe and easy access to usable open space from all
portions of the development. For the purpose of this
subsection, areas shall be considered part of a
continuous open space system if they are within 50
feet of each other.
A minimum of 60 Dercent of the total reauired usable
open space shall be required as common open
space. For the purpose of this subsection common
open space shall include all usable open space
accessible to all residents of the development.
iii. Common open space shall not be less than 30 feet
in width; except for landscape buffer areas and
boulevard medians.
iv. Access riahts to common open space for all
residents within the development shall be
guaranteed. Pedestrian access to usable open
space via street right-of-way crossing shall contain
clearly marked crosswalks and signage.
V. Stormwater drainaae and detention areas may be
included as part of common open space, provided
they are unfenced, and improved with walking trails,
nature paths, picnic facilities, benches and similar
amenities or for common use by all residents within
the development.
vi. Land utilized for common open space shall be
restricted to common open space in perpetuity by
appropriate legal instruments satisfactory to Collier
County. Such instrument shall be binding upon the
owner, developer, his successors, and assigns, and
shall constitute a covenant running with the land,
and be in recordable form.
(7) Mixed use projects providing housing that is affordable.
(a) Project shall have an affordable housing density bonus
agreement consistent with LDC section 2.06.00.
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The total eligible density shall not exceed the maximum
density allowed pursuant to the GMP and subject to the
affordable housing density bonus per LDC section 2.06.00.
c) Residential densitv shall be calculated based on aross
project acreage whether located within the commercial
component of the project, whether located above
commercial uses in the same building, in an
attached building, or in a freestanding building.
d) Protects shall comply with the design standards
development standards and locational criteria below:
i. Minimum project size shall be greater than 15 acres.
ii. Maximum floor area ratio for neighborhood
commercial component: 0.30.
iii. Minimum total square footage of the residential
component of the project shall consist of at least
65% of the development.
iv. No sinale commercial use in the commercial
component shall exceed 15,000 square feet of gross
leasable floor area, except that a grocery store or
supermarket shall not exceed 45,000 square feet of
gross leasable floor area.
V. Residential uses shall be constructed concurrentl
with or prior to the construction of commercial uses.
The following table indicates the maximum
proportion of the total permitted commercial
floorspace that may be occupied for a minimum
proportion of residential land uses commenced.
Phasing Limits
Minimum
Residential
Development
Maximum
Commercial
Development
25%
25%
50%
50%
75%
100%
vi. Neighborhood commercial uses shall be located
within 1/4 mile of at least 50% of the total number of
aDDroved residential units.
vii. Minimum lot width: 75 feet.
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viii. Minimum lot area: 10.000 sauare feet.
ix. Maximum height. Buildings shall have a maximum
zoned height of 50 feet and a maximum actual height
of 55 feet-
X
. Minimum yards.
a) Perimeter setbacks from all adiacent sinale-
family residential or agriculturally zoned
property shall be no less than the front
setback requirement for the adiacent zoning
district or a minimum of one foot (setback)
per one -foot maximum zoned height for
principal structures, whichever is greater.
b) Front yard: 50% of the building height but not
less than 25 feet.
c) Side yard: 25 feet.
xi. The development shall provide vehicular network
interconnections between internal uses and external
connections to adjoining neighborhoods and land
uses. The network shall fully accommodate
pedestrian, bicycle, and transit. Vehicular and
pedestrian interconnection shall be provided to the
property line to allow access to all connection points
with the abutting development.
xii. The commercial comDonent shall be interconnected
with the residential component of the project
by streets, or pedestrian pathways, and bike lanes,
unless precluded by the existence of wetlands or
other environmentally sensitive habitats. In such
instance, no less than one type of interconnection
shall be provided.
xiii. The Droiect shall have direct access to a road
classified as an arterial or collector and the type
of access points shall be limited, as appropriate, so
as to minimize disruption of traffic flow on
the adiacent arterial or collector roadway.
xiv. The neiahborhood commercial comDonent of the
project may be located internal to the project or
along the boundary: however, if externally located,
internal access roads shall be provided, so as not to
promote strip commercial development along
external collector and arterial roadways.
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xv. Development must incorporate a setback of 150 feet
where adjacent to any conservation area. In
addition, the following shall apply:
a) No structure shall be permitted within this
sPthack_
b) No lights, generators, pumps, other fixed
motors or accessory structures, except as
noted below, shall be permitted within this
sethack_
i) Passive recreation, such as hiking,
jogging, biking and walking will be
allowed along designated trail and
boardwalk systems and must
interconnect with existina trail
systems.
ii) Lakes may extend into this setback
but shall not incorporate lights or
structures. other than drainaae
structurPS_
iii) Any sewer or electrical lines placed
within this setback must be buried.
xvi. Operations.
a) There shall be no associated repair of
vehicles with the commercial component.
b) The hours of operation for any eating
establishment shall be limited to the hours
between 5:30 a.m. to 11:00 p.m.
c) There shall be no outdoor display of
merchandise associated with hardware
gtnrPs_
d) There shall be no outdoor amplified sound,
televisions or music within the commercial
component.
xvii. Service area.
a) Loading docks, solid waste facilities,
recycling facilities and other services shall be
placed to the rear or side yard of
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the building in visually unobtrusive locations
with minimum impacts on view.
b) Refuse containers and facilities shall be
hidden by an opaque wall or fencing of
sufficient height to screen the bin and any
appurtenances, but not less than six (6) feet
in height. Chain link fencing, wood fencing
and chain link pates are not allowed. Walls
shall be constructed of a material compatible
with the principal structure it is serving.
Landscaping with vines or other plants is
encouraged. Enclosures shall include solid
latchable gates to avoid blowing refuse.
c) Service area recesses in the building and/or
depressed access ramps should also be
used where aDDlicable.
d) Businesses are encouraged to consolidate
and share refuse areas and equipment.
xviii. Landscape buffers.
a) A Type B Buffer shall be required along all
project boundaries that abut property zoned
or developed for single family residential use.
b) A minimum 20-foot-wide Type D Buffer shall
be required where abutting an arterial or
collector roadway. At minimum, the buffer
shall consist of the following at the time of
planting:
Canopy trees. with a minimum heiaht
of 12 feet, minimum spread of six
feet, and a maximum spacing of 30
feet on center. Palm trees may be
installed within this buffer but shall
not be used as a substitute for the
required shade trees.
ii) A continuous double row of three -
gallon hedges, 36 inches in height
with a maximum spacing of three feet
on center. The hedges shall be
maintained at a minimum height of 36
inches.
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iii) A meandering bed of groundcover
placed between the hedges and the
roadway. The bed of groundcover
shall be a minimum width of three
feet, a maximum width of five feet,
and achieve 100 percent opacity and
coverage within one year of planting.
c) All other project boundaries shall meet
the buffer requirements of LDC section
4.06.02, except that palm trees shall not
be substituted for shade trees.
xix. Architectural desian. The neiahborhood commercial
component of the project shall meet design
guidelines identified in LDC section 5.05.08 of this
LDC, except as otherwise excepted or required
hPrPin_
(8) For economic development uses allowed in accordance with LDC
section 2.03.08 A.2.a.(3)(d)v.:
a) Minimum Droiect size. The minimum Droiect size shall be 20
contiguous acres. The term contiguous shall include
adjacent properties that are separated by either an
intervening, planned, or developed public street right-of-
way, provided that no such portions of separated properties
are less than five acres.
b) The Droiect shall have direct access to a road classified as
an arterial or collector. The protect shall have an internal
circulation system that prohibits traffic from traveling
through predominantly residential areas. The types
of access points shall be limited, as appropriate, so as to
minimize disruption of traffic flow on the adjacent
arterial or collector roadway.
(c) The project shall have central water and sewer.
d) A maximum floor area ratio shall not exceed 0.50.
(e) Minimum lot width: 100 feet.
(f) Minimum lot area: 20,000 square feet
Maximum height. Buildings shall have a maximum zoned
height of 50 feet and a maximum actual height of 55 feet.
(h) Minimum yards.
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Front vard: 50 feet.
ii. Side yard: 50 feet.
iii. Rear vard: 50 feet.
iv. All yards abutting residential uses, residential
zoning, or roadways classified as a collector or
arterial shall comply with the transition zone height
setbacks identified below.
a) For buildings with an actual height of 35 feet
or less: 50 feet.
b) For buildings with an actual height of 45 feet
and greater than 35 feet: 80 feet.
c) For buildings with an actual height of 55 feet
and greater than 45 feet: 110 feet.
V. For lots adjacent to a water body, the minimum yard
reauirement is 25 feet.
(i) Parking. As required in Chapter 4 of this Code.
(i) Landscape buffers.
i. A 25-foot-wide Type C Buffer shall be required along
all project boundaries that abut property zoned or
developed for residential use. At minimum, the
buffer shall include an architecturally finished
masonry wall, berm, or combination thereof, and all
must be opaque and at least six feet in height.
ii. A minimum 25-foot-wide Type C Buffer shall be
required where abutting an arterial or collector
roadway. At minimum, the buffer shall consist of the
following at the time of planting:
a) CanoDv trees. with a minimum heiaht of 12
feet, and maximum spacing of 30 feet on
center. Palm trees may be installed within
this buffer but shall not be used as a
substitute for the required canopy trees.
b) A continuous double row of three-aallon
hedges, 36 inches in height, with a maximum
spacing of three feet on center. The hedges
shall be maintained at a minimum height of
Winches.
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c) A meandering bed of groundcover placed
between the hedges and the roadway. The
bed of groundcover shall be a minimum width
of three feet, a maximum width of five feet,
and achieve 100 percent opacity and
coverage within one year of planting.
iii. All other project boundaries shall meet the buffer
requirements of a Type C Buffer. Palm trees shall
not be substituted for canoDv trees.
V. Development must incorporate 100-foot-wide
setbacks where adjacent to any conservation area
and comply with the following:
a) No yard or dwelling unit shall be permitted
within this setback.
b) No lights, generators, pumps, other fixed
motors or accessory structures except as
noted below shall be permitted within this
sPthack_
c) Passive recreation such as hiking, jogging,
biking and walking will be allowed along
designated trail and boardwalk systems and
must interconnect with existing trail systems.
d) Lakes may extend into this setback but shall
not incorporate lights or structures, other
than drainage structures.
e) Any sewer or electrical lines that is placed
within this setback must be buried.
(k) Loading areas. All loading areas shall be oriented away
from adjacent residential uses, except for where obstructed
by an intervening building.
(1) Outside storage and display. No outside storage and display
shall be permitted except when approved as part of a
temporary/special event in accordance with LDC section
5.04.05.
(m) Operations.
i. All activity associated with the uses in this category
shall be conducted within a fully enclosed building.
Activity includes but is not limited to the following:
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a) The use or storage of any fixed or movable
business equipment.
b) The use, storage, display, sale, delivery,
offering for sale, production, or consumption
in any business, or by any business invitee
on the premises of the business, of any
goods, wares, merchandise, products, or
foods.
iii) The Derformance of anv work or services.
iv) All use operations and equipment, including
accessory process equipment, such as
compressors and air handlers, shall be
contained in an enclosed structure.
ii. Noise. No use shall produce noise exceeding the
sound level limits for Commercial or Tourist uses as
set forth in the Collier County Noise Control
Ordinance No. 90-17. as amended.
iii. Odors. No use shall cause or allow the emission of
odor.
iv. Vibrations. No use shall oaerate to Droduce around
vibration noticeable by a reasonable person with
normal sensitivity, outside the building for single -use
buildings or outside the Economic Development use
space inside mixed use and multi -tenant buildings.
V. Smoke and particulate matter. No use shall
discharge outside the building for single -use
buildings or outside the Economic Development use
space inside mixed use and multi -tenant building
any toxic or noxious matter in such a concentration
that will endanger the public health, safety, comfort,
or general welfare.
vi. Electrical disturbance. No use shall create an
electrical disturbance which interferes unduly with
the normal operation of equipment or instruments or
which is reasonably likely to cause injury to any
person located inside or outside building.
vii. Secondary containment. Secondary containment
such as double walled tanks, leak -proof trans, floor
curbing or other containment systems which provide
secondary liquid containment shall be installed for
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facilities that use, store, or handle, regulated
substances in a single container of 55 gallons or
more. The containment structure shall be capable of
containing 110% of the volume of the largest
container located within, be composed of materials
impervious to the regulated substance, and be able
to withstand deterioration from external
environmental conditions. For containment areas
with more than one storage container, capacity
calculations shall be made after deducting the
volume of the largest storage containers, other than
the largest container. All regulated substances must
be removed from the containment structure within
24-hours of a spill or accidental release.
Containment structures shall be sheltered so that
the intrusion of precipitation is effectively prevented.
These requirements shall apply to all areas of
storage use, handling, and production, loading and
off-loading areas, and to aboveground and
underground storage areas.
Architectural and site desian standards.
ADDearance. Industrial/factory buildinas shall be
designed in accordance with the provisions of LDC
section 5.05.08, excluding the exceptions,
modifications, and additions listed in LDC section
5.05.08 E.7.b throuah h.
ii. Rooftop mechanical equipment shall be fully
screened by parapets or other methods of screening
and such parapets or other screening material shall
not exceed 10 feet in height.
Loadina areas. All loadina areas shall be oriented
away from adjacent residential uses, except for
where obstructed by an intervening building.
Loading areas, solid waste facilities, recycling
facilities, and other services elements shall be
Dlaced to the sides or rear of the buildina.
iv. All exterior lighting fixtures shall be directed away or
shielded from neighboring properties.
V. Illumination levels for exterior lighting shall not
exceed 0.5 footcandles at property lines where
adjacent to residential development or residentially
zoned property, excluding where required pursuant
to LDC section 6.06.03.
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Rural villages. Rural villages, including rural villages within the NBMO, may
be approved within the boundaries of RFMU receiving lands, subject to the
following:
(1) Allowable Uses:
(a) All permitted uses identified in section 2.03.08A.2.a.(3)(a),
when specifically identified in, and approved as part of, a
RURAL VILLAGE PUD.
(b) CONDITIONAL USES 1 through 5, and 7 identified in
section 2.03.08A.2.a.(3)(c), when specifically identified in,
and approved as part of a RURAL VILLAGE PUD.
(c) All permitted and accessory uses listed in the C-4 General
Commercial District, section 2.03.02 (E), subject to the
design guidelines and development standards set forth in
this Section.
(d) Research and Technology Parks, with a minimum size of 19
acres and a maxima rn size of 41 of the total rural village
acreage, subject to the design guidelines and development
standards set forth herein, the applicable standards
contained in LDC section 2.03.06 C.7. Research and
technology park planned unit development district
guidelines and development standards, and further subject
to the following:
Research and Technology Parks shall be permitted
to include up to 20% of the total acreage for non -
target industry uses of the type identified in
paragraph (3) below; and, up to 20% of the total
acreage for workforce housing, except as provided
in paragraph (7) below. At a minimum, 60% of the
total park acreage must be devoted to target industry
uses identified in paragraph (2) below. The specific
percentage and mix of each category of use shall be
determined at the time of rural village PUD rezoning.
The target industries identified by the Economic
development Council of Collier County are
aviation/aerospace industry, health technology
industry and information technology industry, and
include the following uses: software development
and programming; internet technologies and
electronic commerce; multimedia activities and CD-
ROM development; data and information
processing; call center and customer support
activities; professional services that are export
based such as laboratory research or testing
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activities; light manufacturing in the high tech target
sectors of aviation/aerospace and health and
information technologies; office uses in connection
with on -site research; development testing and
related manufacturing; general administrative offices
of a research and development firm; educational,
scientific and research organizations; production
facilities and operations.
iii. Non -target industry uses may include hotels at a
density consistent with the provisions in section
2.03.02 and those uses in the C-1 through C-3
Zoning Districts that provide support services to the
target industries such as general office, banks,
fitness centers, personal and professional services,
medical, financial and convenience sales and
services, computer related businesses and services,
employee training, technical conferencing, day care
centers, restaurants and corporate and government
offices.
iv. The rural village PUD shall include standards for the
development of individual building parcels within the
park and general standards shall be adopted for
pedestrian and vehicular interconnections, buffering,
landscaping, open spaces, signage, lighting,
screening of outdoor storage, parking and access
management, all to be consistent with and
compatible to the other uses within the village.
V. The Research and Technology Park must be
adjacent to, and have direct access via an existing
or developer constructed local road to an arterial or
collector roadway. The portion of the local roadway
intended to provide access to the Research and
Technology Park shall not be within a residential
neighborhood and does not service a predominately
residential area.
vi. The Research and Technology Park shall be
compatible with surrounding land uses. Accordingly,
it shall be separated from any residentially zoned or
designated land within the rural village by a minimum
Type "C" landscape buffer, as set forth in section
4.06.00 of this Code.
vii. Whenever workforce housing is provided, it shall be
fully integrated with other compatible uses in the
park through mixed -use buildings and/or through
pedestrian and vehicular interconnections.
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viii. Building permits for non -target industry uses
identified in paragraph (3) above shall not be issued
prior to issuance of the first building permit for a
target industry use.
(e) Any other use deemed by the Board of County
Commissioner to be appropriate and compatible within a
rural village.
(2) Mix of Neighborhood Types. Rural villages shall be comprised of
several neighborhoods designed in a compact nature such that a
majority of residential development is within one -quarter mile of a
neighborhood center or village center. nNeighborhood centers may
include small-scale service retail and office uses, and shall include
a public park, square, or green. Village centers shall be deSigRed
to serve the retail, office, civic, government uses and service needs
of the residents of the rural village. The village center shall be the
primary location for commercial uses. rural villages shall be
surrounded by a green belt in order to protect the character of the
rural landscape and to provide separation between rural villages
and the low density rural development, agricultural uses, and
conservation lands that may surround the rural village. Rural
villages shall be designed to include the following: a mixture of
residential housing types; institutional and/or commercial uses; and
recreational uses, all of which shall be sufficient to serve the
residents of the rural village and the surrounding lands. In addition,
except as specifically provided otherwise for rural villages within the
NBMO, the following criteria and conditions shall apply to all rural
villages.
(a) Allocation of Land Uses. Specific allocations for land uses
including residential, commercial and other non-residential
uses within rural villages, shall include, but are not limited
to:
A mixture of housing types, including attached
and/or detached single family, as well as multi -family
shall be provided within a rural village. A minimum of
0.2 units per acre in a rural village shall be affordable
housing, of which at least 0.1 units per acre shall be
workforce housing. The rural village shall be
designed so as to disperse the Affordable and
workforce housing units throughout the Village
rather than concentrate them in a single location.
A mixture of recreational uses, including parks and
village greens.
iii. Civic, community, and other institutional uses.
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iv. A mixture of lot sizes, with a design that includes
more compact development and attached dwelling
units within neighborhood centers and the village
center, and reduced net densities and increasingly
larger lot sizes for detached residential dwellings
generally occurring as development extends
outward from the village center.
V. A mixture of retail, office, and services uses.
vi. If requested by the Collier County School Board
during the PUD an%� review process, school
sites shall be provided and shall be located to serve
a maximum number of residential dwelling units
within walking distance to the schools, subject to the
following criteria:
a) Schools shall be located within or adjacent to
the village center;
b) A credit toward any applicable school
impacts fees shall be provided based upon
an independent evaluation/appraisal of the
value of the land and/or improvements
provided by the developer; and
c) Schools shall be located in order to minimize
busing of students and to co -locate schools
with public facilities and civic structures such
as parks, libraries, community centers, public
squares, greens and civic areas.
vii. Within the NBM Overlay, elementary schools shall
be accessed by local streets, pedestrian and bicycle
facilities, and shall be allowed in and adjacent to the
rural village center, provided such local streets
provide adequate access as needed by the School
Board.
viii. Greater than 50 percent of residential development
shall be located within one quarter mile of a
Neighborhood Center or Village Center.
ix. Rural villages shall include a Village Center and a
minimum of two distinct neiahborhoods.
(b) Acreage Limitations.
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Rural villages shall be a minimum of 300 acres and
a maximum of 1,500 acres, exclusive of the required
green belt, with exception that the maximum size of
a rural village within those RFMU receiving lands
south of the Belle Meade NRPA shall not exceed
2,500 acres.
Neighborhood center - 0.5% of the total rural village
aGFeage^ate eXGeed fro—aGFes, wlthiR ea�"
neighborhood nontor
a) Small-scale service retail and office uses
allowed with a maximum FAR of 0.5.
b) Parks and public green spaces shall be
required within the neighborhood center with
a minimum size of one percent of the total
village acreage.
+viii. Village center. Not to evreed 10 of the total rural
village arreane
- 19ANTNI
W i T IT i 267 1 War "1 317
a) Retail and office uses shall have a maximum
FAR of 0.5.
Civic, government, and institutional services
shall have a maximum FAR of 0.6.
c) Group housing uses shall have a maximum
FAR of 0.45.
d) Transient lodging shall have a maximum of
26 units net acre.
e) Goods and services shall be required in the
village center and with a minimum of 53
square feet of gross building area per
dwelling unit.
f) Civic, government, and institutional services
shall be required in the village center and
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with a minimum of 10 square feet per
dwelling unit.
v+iv. Research and Technology Parks are allowed,
provided they are limited to a minimum size of 19
acres ` Rd a mwimum size of 41% of the total rural
village aGrea e.
Bl�}�■ � ��1�1�11:71::1*I::�S�ir�V/lr�
(3) Density. A rural village shall have a minimum density of 2.0 units
per gross acre and a maximum density of 3.0 units per gross acre,
except that the minimum density within a NBMO rural village shall
be 1.5 units per gross acre. Those densities shall be achieved as
follows:
(a) Base density. A base density of 0.2 dwelling units per acre
(1.0 dwelling units per five acres) for lands within the rural
village, and the—land areadesig aced as—a--gree;�
surrounding the rural village, is granted by right for allocation
within the designated rural village.
(b) Minimum density. The minimum gross density in a rural
village is 2.0 units per acre outside of the NBMO and 1.5
units per acre within the NBMO.
For each TDR credit used to achieve the minimum
required density in a rural village, one Rural Village
Bonus Credit shall be granted. Rural Village Bonus
Credits may only be utilized in rural villages and shall
not be available for use once the minimum required
density is achieved.
The minimum density shall be achieved through any
combination of TDR Credits, Rural Village Bonus
Credits, and TDR Bonus Credits.
(c) Maximum density. The maximum gross density allowed in a
rural village is 3.0 units per acre. The maximum density shall
be achieved through any of the following, either in
combination or individually:
TDR credits;
TDR Bonus Credits;
iii. An additional density bonus 0.3 units per acre for the
additional preservation of native vegetation as set
forth in Chapter 4;
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iv. An additional density bonus of 0.3 units per acre for
additional wetlands mitigation as set forth in Chapter
4; and/or
V. An additional density bonus of 8-5 1 units- per —acre
fee eaGh AffeF dable eF werk'l0e.FG-Rehni icinn i iR# fOr
each (1) unit that is provided for low-income
residents, as identified in LDC section 2.06.03.
(4) Other Design Standards
(a) Transportation System Design.
The rural village shall be designed with a formal
street layout, using primarily a grid design and
incorporating village greens, squares and civic uses
as focal points.
Each rural village shall be served by a primary road
system that is accessible by the public.
Neighborhood Circulator, Local Residential Access
and Residential Loop roads may be gated. The
primary roads within the rural village shall consist of
Rural Major Collectors at a minimum and be
designed to meet County standards and shall be
dedicated to the public.
iii. A rural village shall not be split by an arterial
roadway.
iv. Interconnection between the rural village and
adjacent development-s shall be required.
V. Neighborhoods, neighborhood centers, and the
village center shall be connected through local and
collector streets and shall incorporate traffic calming
techniques as may be appropriate to discourage
high-speed traffic.
vi. Public transit and school bus stops shall be co -
located, where practicable.
vii. Pedestrian paths and bikeways shall be designed so
as to provide access and interconnectivity.
(b) Location Restrictions and Standards.
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In locating both schools and housing units within the
rural village, consideration shall be given to
minimizing busing needs within the community.
Reserved. A rural village shall net he Ierated arni
GIeser than 3.0 miles from another rural village
iii. Reserved.
RPM—
ReGeiViRg
O.
iv. A rural village shall have direct access to a roadway
classified by Collier County as an arterial or collector
roadway. Alternatively, access to the rural village
may be via a new collector roadway directly
accessing an existing arterial, the cost of which shall
be borne entirely by the developer.
V. A rural village shall be located where other public
infrastructure, such as potable water and sewer
facilities, already exist or are planned.
(c) Size Limitations. Rrural villages shall be a minimum of 300
acres and a maximum of 1,500 acres, except within RFMU
receiving lands south of the Belle Meade NRPA where the
maximum size may not exceed 2,500 acres. This required
rural village size is exclusive of the required greenbelt area
set forth in section 2.03.08 (A)(2)(b)(6).
(d) Additional Village Design Criteria: Rural villages shall be
designed in accordance with the following provisions:
Rural villages shall be developed in a progressive
urban to rural continuum with the greatest density,
intensity and diversity occurring within the village
center, to the least density, intensity and diversity
occurring within the edge of the neighborhoods
approaching the greenbelt.
Rural villages may include "special districts" in
addition to the village center, neighborhood center
and Neighborhoods, to accommodate uses that may
require use specific design standards not otherwise
provided for herein. Such Special Districts, their
proposed uses, and applicable design standards
shall be identified as part of the rural village PUD
rezone process.
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iii. The rural village PUD Master Plan shall designate
the location of the village center and each
neighborhood, neighborhood center and as may be
applicable, Special Districts. Rural villages shall
mC irde a villagecenter and a minima rn of two
distinctneighborhoods, with rdefin neighherh oord
Avr-rrvvaa,�rT'r �nl7vmvvCr
renv�n err.
iv. A mixture of allowable uses is encouraged to occur
within buildings in the village center and
neighborhood centers.
V. Reserved. Tra Rsient lerdgiRg is permitted at up
of guestlsnits per acre r+aIG dater! on the anreage of the
parGel eGGUpied by the trnnsient 'edging and
its
CfL1TCJi T C1
eenillaFy fenilities of eUGh paTnel !RGludes Ttiriil.er
vi. Building heights may vary within the village center
and neighborhood centers, but shall not exceed 5
stories not exceeding 65 feet with the village center,
or 4 stories no exceeding 55 feet within the
neighborhood center, and 3 stories not to exceed 40
feet within 200 feet of the greenbelt. The height
exclusions set forth in section 4.02.01 of this Code
apply within a rural village. The height exclusion set
forth in section 4.02.01 applies in the village center
only, except that:
a) section 4.02.01 requiring 300 square feet of
green spaces for each parking space for
which the height waiver is granted shall not
apply; however,
b) For each parking space for which the height
waiver is granted, an equal amount of square
footage of open space shall be provided in
excess of the minimum set forth in section
2.03.08(A)(2)(b)(7).
vii. The minimum lot area shall be 1,000 SF; however,
within neighborhoods, especially approaching the
edge of the Village and the surrounding green belt,
less compact larger lot residential development may
occur.
viii. Within the village center and neighborhood centers,
individual block perimeters shall not exceed 2,500
linear feet.
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ix. Within the village center and neighborhood centers
required yards shall be as follows:
a) Front setbacks - 0 to 10 feet from the right-
of-way line
b) Side setbacks - 0 feet
c) Rear setbacks - 0 feet
X. Within neighborhoods outside of a Neighborhood or
village center required yards may vary but shall be
designed so as to provide for adequate light, opens
space ad movement of air, and shall consider the
design objective of the urban to rural continuum with
the greatest density, intensity and diversity occurring
within the village center, to the least density,
intensity and diversity occurring within the edge of
the neighborhoods approaching the greenbelt.
xi. Within the village center and neighborhood centers
overhead encroachments such as awnings,
balconies, arcades and the like, must maintain a
clear distance of 9 feet above the sidewalk and 15
feet above the street.
xii. Seating for outdoor dining shall be permitted to
encroach the public sidewalks and shall leave a
minimum 6-foot clear pedestrian way between the
outdoor dining and the streetscape planting area.
xiii. Civic or Institutional Buildings shall be subject to the
specific standards of this subsection that regulate
building height, building placement, building use,
parking, and signage except as deviations are
deemed appropriate by the Collier County planning
staff with respect to the creation of focal points,
vistas, and significant community landmarks.
Specific design standards shall be provided in the
rural village PUD document.
xiv. Architectural Standards: Buildings within the village
center shall be made compatible through similar
massing, volume, frontage, scale and architectural
features. The PUD document shall adhere to the
provisions of section 5.05.08 of this Code; however,
deviations may be requested where such deviations
are shown to further these rural village design
standards.
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xv. Required vehicular parking and loading amounts
and design criteria:
a) The amount of required parking shall be
demonstrated through a shared parking
analysis submitted application as part of the
rural village PUD. Parking shall be
determined utilizing the modal splits and
parking demands for various uses
recognized by the ITE, ULI or other sources
or studies. The analysis shall demonstrate
the number of parking spaces available to
more than one use or function, recognizing
the required parking will vary depending on
the multiple functions or uses in close
proximity which are unlikely to require the
spaces at the same time.
b) On -site parking areas shall be organized into
a series of small bays delineated by
landscape islands of varied sized. A
maximum spacing between landscape
islands shall be 10 spaces. Landscape
islands and tree diamonds shall have a
minimum of one canopy tree.
c) Parking lots shall be accessed from alleys,
service lanes or secondary streets.
d) Any or all of the above parking requirements
may be further reduced if a shared parking
plan is submitted as part of a rural village
PUD or subsequent site development plan
application. The shared parking plan shall
demonstrate that the reduced parking is
warranted as a result of the following: shared
building and/or block use(s) where parking
demands for certain uses are low when other
demands are higher; a concentration of
residential dwelling units located within 600
feet of non-residential uses; the existence of
transit for use by residents and visitors.
xvi. Landscaping minimums within the village center or
within neighborhood centers shall be met by:
a) Providing landscaping within parking lots as
described, and by providing a streetscape
area between the sidewalk and curb at a
minimum of 5 Ft. in width;
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b) Planting street trees every 40 Ft. O.C. The
street tree pattern may be interrupted by
architectural elements such as arcades and
columns.
c) Plantings areas, raised planters, or planter
boxes in the front of and adjacent to the
buildings, where such planting areas do not
interfere with pedestrian access and mobility.
d) Providing for additional pubic use landscape
areas at intervals within the streetscape, on
identified parcels with blocks, or as part of
public greens, squares, parks or civic uses.
xvii. Signs: The PUD document shall adhere to the
provisions of section 5.06.00 of this Code; however,
deviations may be requested where such deviations
are shown to further these rural village design
standards by providing for pedestrian scale signage
standards with neighborhood centers or the village
center.
(5) Native vegetation. Native vegetation shall be preserved as set forth
in section 4.06.04.
(6) Greenbelt. Except within the NBMO rural village, a greenbelt
averaging a minimum of 200 3W feet in width, but not less than 100
200 feet in width at any location, shall be required at the perimeter
of the rural village. The greenbelt is required to ensure a
permanently undeveloped edge surrounding the rural village,
thereby discouraging sprawl. Greenbelts shall conform to the
following:
(a) Greenbelts may only be designated on RFMU receiving
lands.
(b) The allowable residential density shall be shifted from the
designated greenbelt to the rural village.
{d} Golf courses and existing agriculture operations are
permitted within the greenbelt, subject to the vegetation
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retention standards set forth in section 4.06.04. However,
golf course turf areas shall only be located within 100 feet of
the greenbelt boundaries (interior and exterior boundary);
further, these turf areas shall only be located in previously
cleared or disturbed areas.
(7) Open space: Within the rural village, a minimum of 40% of open
space shall be provided, inclusive of the greenbelt.
(8) Process for Approval of a rural village. Applications for approval
shall be submitted in the form of a Planned Unit Development
(PUD) rezone utilizing the standard form(s) developed by Collier
County, and subject to the Fees established for a PUD rezone
application. Where appli .Gahlo the rural village PUD appliGatiOR Will
be submitted in GGRj ,nrtOOR with a development of RonlAnal Impart
(DRI) appliGatiOR as provided fGF OR Chapter 380 of Florida Statutes,
OF in GGNUnntien with aRY etheF Cleriida PFGVioiE)no of Iasi that may
supeF a de the DR! nrOrocc. The applicant shall notify the owner(s)
of subsurface mineral rights to the property within the boundaries of
the proposed rural village prior to approval of the PUD. The
Application for rural village PUD approval shall demonstrate
general compliance with the provisions of section 2.03.06 and shall
include the following additional submittal requirements:
(a) EIS. An environmental impact statement for the rural village
and surrounding greenbelt area shall be submitted an
accordance with the requirements of Chapter 10 of this
Code.
(b) Demonstration of Fiscal Neutrality. An analysis that
demonstrates that the rural village will be fiscally neutral to
county taxpayers outside of the rural village. This analysis
shall evaluate the demand and impacts on levels of service
for public facilities and the cost of such facilities and services
necessary to serve the rural village. In addition, this
evaluation shall identify projected revenue sources for
services and any capital improvements that may be
necessary to support the rural village. In conclusion, this
analysis shall indicate what provisions and/or commitments
will be to ensure that the provision of necessary facilities and
services will be fiscally neutral to County taxpayers outside
of the rural village. At a minimum, the analysis shall consider
the following:
Stormwater/drainage facilities;
Potable water provisions and facilities;
iii. Reuse or "Grey" water provisions for irrigation;
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iv. Central sewer provisions and facilities;
V. Law enforcement facilities;
vi. School facilities;
vii. Roads, traRsif hirvrle and pedestriaR fa Gilities and
pathways;
viii. a3 Solid waste facilities.
ix. b4 Development phasing and funding
mechanisms to address any impacts to level of
service in accordance with the county's adopted
concurrency management program to ensure that
there will be no degradation to the adopted level of
service for public facilities and infrastructure
identified in (0) through (viii.�) above.
3. Neutral lands. Neutral lands have been identified for limited semi -rural residential
development. Available data indicates that neutral lands have a higher ratio of
native vegetation, and thus higher habitat values, than lands designated as RFMU
receiving lands, but these values do not approach those of RFMU sending lands.
Therefore, these lands are appropriate for limited development, if such
development is directed away from existing native vegetation and habitat. Within
neutral lands, the following standards shall apply:
a. Allowable uses. The following uses are permitted as of right:
(1) Uses Permitted as of Right.
(a) Agricultural activities, including, but not limited to: Crop
raising, horticulture, fruit and nut production, forestry,
groves, nurseries, ranching, beekeeping, poultry and egg
production, milk production, livestock raising, and
aquaculture for native species subject to the State of Florida
Fish and Wildlife Conservation Commission. Owning,
maintaining or operating any facility or part thereof for the
following purposes is prohibited:
Fighting or baiting any animal by the owner of such
facility or any other person or entity.
Raising any animal or animals intended to be
ultimately used or used for fighting or baiting
purposes.
iii. For purposes of this subsection, the term baiting is
defined as set forth in § 828.122(2)(a), F.S., as it
may be amended from time to time.
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(b) Single-family residential dwelling units, including mobile
homes where a mobile home Zoning Overlay exists.
(c) Dormitories, duplexes and other types of staff housing, as
may be incidental to, and in support of, conservation uses.
(d) Group housing uses subject to the following
density/intensity limitations:
(e) Family Care Facilities: 1 unit per 5 acres;
(f) Group Care Facilities and other Care Housing Facilities:
Maximum floor area ratio (FAR) not to exceed 0.45.
(g) Staff housing as may be incidental to, and in support of,
safety service facilities and essential services.
(h) Farm labor housing limited to 10 acres in any single location:
Single family/duplex/mobile home: 11 dwelling units
per acre;
ii. Multifamily/dormitory: 22 dwelling units/beds per
acre.
(i) Sporting and Recreational camps, not to exceed 1
cabin/lodging unit per 5 gross acres.
Q) Those essential services identified in LDC section 2.01.03
{A3.
(k) Golf courses or driving ranges, subject to the following
standards:
Golf courses shall be designed, constructed, and
managed in accordance with the best management
practices of Audubon International's Gold Signature
Program. The project shall demonstrate that the
Principles for Resource Management required by
the Gold Signature Program (Site Specific
Assessment, Habitat Sensitivity, Native and
Naturalized Plants and Natural Landscaping, Water
Conservation, Waste Management, Energy
Conservation & Renewable Energy Sources,
Transportation, Greenspace and Corridors,
Agriculture, and Building Design) have been
incorporated into the golf course's design and
operational procedures.
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In order to prevent the contamination of soil, surface
water and ground water by the materials stored and
handled by golf course maintenance operations, golf
courses shall comply with the Best Management
Practices for Golf Course Maintenance
Departments, prepared by the Florida Department of
Environmental Protection, September 2012 A�ay
1995.
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n\ Native nlantS
be
eXGIUSOVely
shall
evnent for spenial of
used
iroese areas,,6
inh o/�+i
c��
ff�aiFways, `
R d b uildir,n S
sites.
gel
gTeeRs,
these
Ir-Ia ;dSGap,Rg
tliF I
i tiR
exEepfed—areas,
shall
that
� least 75% of
plaRS
trees
require
vnurrr `1c�rr�mtxru�
and 501 of the shrubs
-iea�ir�v-v�^th�l.
h�Teeze
crr. cv
teleraR
native Fleriidian
4t lust
750/ of the
Spenies
native trees
an/d shrubs
shall also
required
`'`1he drought telerant
soeniesit
V. Stormwater management ponds shall be designed
to mimic the functions of natural systems: by
establishing shorelines that are sinuous in
configuration in order to provide increased length
and diversity of the littoral zone. A Littoral shelf shall
be established to provide a feeding area for water
dependent avian species. The combined length of
vertical and rip -rapped walls shall be limited to 25%
of the shoreline. Credits to the site preservation area
requirements, on an acre- to- acre basis, shall be
given for littoral shelves that exceed these littoral
shelf area requirements.
vi. Site preservation and native vegetation retention
requirements shall be the same as those set forth in
the RFMU district criteria. Site preservation areas
are intended to provide habitat functions and shall
meet minimum dimensions as set forth in the LDC.
These standards shall be established within one
year.
Public educational plants and ancillary plants.
(m) Oil and gas exploration, subject to applicable state and
federal drilling permits and Collier County non -
environmental site development plan review procedures.
Directional -drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a
state permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on Oct. 3, 2005 [effective date of this provision]
regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2),
F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or
state oil and gas permits for proposed oil and gas activities
in Collier County, so long as the state permits comply with
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the requirements of Chapter 62C-25 through 62C-30, F.A.C.
For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the applicant shall be
responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C.,
even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected
from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
Park, open space, and recreational uses.
o. Private schools.
(2) Accessory uses. The following uses are permitted as accessory to
uses permitted as of right or to approved conditional uses:
(a) Accessory uses and structures that are accessory and
incidental to uses permitted as of right in section
2.03.08(A)(3)(a)(1) above.
(b) Recreational facilities that serve as an integral part of a
residential development and have been designated,
reviewed, and approved on a site development plan or
preliminary subdivision plat for that development.
Recreational facilities may include, but are not limited to
clubhouse, community center building, tennis facilities,
playgrounds and playfields.
(3) Conditional uses. The following uses are permissible as conditional
uses subject to the standards and procedures established in LDC
section 10.08.00.
(a) Zoo, aquarium, botanical garden, or other similar uses.
(b) Community facilities, such as, places of worship, childcare
facilities, cemeteries, social and fraternal organizations.
(c) Sports instructional schools and camps.
(d) Multi -family residential structures, subject to the following
development standards:
(i) Building height limitation: 2 stories
(ii) Buffer: 10 foot wide landscape buffer with trees
spaced no more than 30 feet on center;
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(iii) Setbacks: 50% of the height of the building, but not
less than 15 feet.
(e) Those essential services identified in LDC sections 2.01.03
G.1. and G.3 {GSM and {� .
(f) Oil and gas field development and production, subject to
applicable state and federal field development permits and
Collier County non -environmental site development plan
review procedures. Directional -drilling and/or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied
upon issuance of a state permit in compliance with the
criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as those rules existed on January 14, 2005,
regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2),
F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or
state oil and gas permits for proposed oil and gas activities
in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C.
For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the applicant shall be
responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C.,
even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected
from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
(g) Earth mining and extraction and related processing.
(h) Facilities for the collection, transfer, processing, and
reduction of solid waste.
(i) Those essential services identified in sections 2.01.03 G.1.
and 3.3 GX Y aPA G*3,)
(j) Oil and gas field development and production, subject to
state field development permits and Collier County non -
environmental site development plan review procedures.
Directional -drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a
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(k)
Density.
state permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F.A.C., regardless of
whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All
applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of
the issuance of all applicable federal and/or state oil and gas
permits for proposed oil and gas activities in Collier County,
so long as the state permits comply with the requirements
of Chapter 62C-25 through 62C-30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for convening
the Big Cypress Swamp Advisory Committee as set forth in
Section 377.42, F.S., to assure compliance with Chapter
62C-25 through 62C-30, F.A.C., even if outside the defined
Big Cypress Watershed. All oil and gas access roads shall
be constructed and protected from unauthorized uses
according to the standards established in Rule 62-
30.005(2)(a)(1) through (12), F.A.C.
Earth mining and extraction and related processing.
(1) Maximum gross density. The maximum gross density in neutral
lands shall not exceed one dwelling unit per five gross acres (0.2
dwelling units per acre), except that the maximum gross density for
those legal nonconforming lots or parcels in existence as of June
22, 1999, shall be one dwelling unit per lot or parcel.
(2) Residential clustering. Clustering of residential development is
allowed and encouraged. Where clustered development is
employed, it shall be in accordance with the following provisions:
(a) If within the boundaries of the Rural Transition Water and
Sewer District, as delineated on the Urban -Rural Fringe
Transition Zone Overlay Map in the Future Land Use
Element of the GMP, and consistent with the provisions of
the Potable Water and Sanitary Sewer Sub -elements of this
Plan, central water and sewer shall be extended to the
project. Where County sewer or water services may not be
available concurrent with development in neutral lands,
interim private water and sewer facilities may be approved.
(b) The clustered development shall be located on the site so
as to provide to the greatest degree practicable:
protection for listed species habitat;
preservation of the highest quality native vegetation
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iii. connectivity to adjacent natural reservations or
preservation areas on adjacent development;
and
iv. creation, maintenance or enhancement of wildlife
corridors.
(G) The 'eGt SFZe shall be t least st 40
-�aC-reS.
C. Dimensional and design standards. Dimensional and Design Standards set
forth in section 4.02.01 of this Code shall apply to all development in neutral
lands, except for development utilizing the residential clustering provisions
in section 2.03.08 (A)(3)(b)(2) above. In the case of such clustered
development, the following dimensional standards shall apply to all
permitted housing structure types, accessory, and conditional uses:
(1) Development that is Not Clustered:
(a) Minimum lot area: 5 Acres.
(b) Minimum lot width: 165 Feet.
(c) Minimum yard Requirements:
i. Front yard: 50 feet.
ii. Side yard: 30 feet.
iii. Rear yard: 50 feet.
iv. Nonconforming lots in existence as of June 22,
1999:
a) Front yard: 40 feet.
b) Side yard: 10 percent of lot width, not to
exceed 20 feet on each side.
c) Rear yard: 50 feet.
(2) Development that is Clustered.
(a) Minimum lot area: 4,500 square feet.
(b) Maximum lot area: One Acre.
(c) Minimum lot width: Interior lots 40 feet.
(d) Maximum lot width: 150 feet.
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(3) Height Limitations.
(a) Principal: 35 feet.
(b) Accessory: 20 feet, except for screen enclosures, which
may be the same height as the principal structure.
(c) Golf course/community clubhouses: 50 feet.
(4) Floor area. The minimum floor area for each dwelling unit shall be
800 square feet.
(5) Parking. As required in Chapter 4
(6) Landscaping. As required in Chapter 4.
(7) Signs: As required in section 5.06.00.
d. Native vegetation retention. Native vegetation shall be preserved as set
forth in Chapter 4.
e. Usable open space.
(1) Projects of 40 acres or more in size shall provide a minimum of 70%
usable open space.
(2) Usable open space includes active or passive recreation areas
such as parks, playgrounds, golf courses, waterways, lakes, nature
trails, and other similar open spaces. Usable open space shall also
include areas set aside for conservation or preservation of native
vegetation and landscape areas.
(3) Open water beyond the perimeter of the site, street right-of-way,
except where dedicated or donated for public uses, driveways, off-
street parking and loading areas, shall not be counted towards
required usable open space.
4. RFMU sending lands. RFMU sending lands are those lands that have the highest
degree of environmental value and sensitivity and generally include significant
wetlands, uplands, and habitat for listed species. RFMU sending lands are the
principal target for preservation and conservation. Density may be transferred from
RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within
the RFMU district are also RFMU sending lands. With the exception of specific
provisions applicable only to NBMO neutral lands, the following standards shall
apply within all RFMU sending lands:
a. Allowable uses where TDR credits have not been severed.
(1) Uses Permitted as of Right:
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(a) Agricultural uses consistent with Sections 163.3162 and
823.14(6) Florida Statutes (Florida Right to Farm Act).
(b) Detached single-family dwelling units, including mobile
homes where the mobile home Zoning Overlay exists,
(c) Habitat preservation and conservation uses.
(d) Passive parks and other passive recreational uses.
(e) Sporting and Recreational camps, within which the lodging
component shall not exceed 1 unit per 5 gross acres.
(f) Those essential services identified in section 2.01.03{B).
(g) Oil and gas exploration, subject to applicable state and
federal drilling permits and Collier County non -
environmental site development plan review procedures.
Directional -drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a
state permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F.A.C., as such rules
existed on Oct. 3, 2005 [the effective date of this provision],
regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2),
F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or
state oil and gas permits for proposed oil and gas activities
in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C.
For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the applicant shall be
responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C.,
even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected
from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
(2) Accessory uses. Accessory uses and structures that are accessory
and incidental to uses permitted as of right in LDC section 2.03.08
A.4.a.�1)_above.
(3) Conditional uses.
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(a) Those essential services identified in LDC sections 2.01.03
G.2 and GA.
(b) Public facilities, including solid waste and resource recovery
facilities, and public vehicle and equipment storage and
repair facilities, shall be permitted within Section 25,
Township 49S, Range 26E, on lands adjacent to the existing
County landfill. This shall not be interpreted to allow for the
expansion of the landfill into Section 25 for the purpose of
solid waste disposal.
(c) Oil and gas field development and production, subject to
applicable state and federal field development permits and
Collier County non -environmental site development plan
review procedures. Directional -drilling and/or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied
upon issuance of a state permit in compliance with the
criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as those rules existed on Oct. 3, 2005 [the effective
date of this provision], regardless of whether the activity
occurs within the Big Cypress Watershed, as defined in Rule
62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable federal
and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through
62C-30, F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the applicant
shall be responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42, F.S., to
assure compliance with Chapter 62C-25 through 62C-30,
F.A.C., even if outside the defined Big Cypress Watershed.
All oil and gas access roads shall be constructed and
protected from unauthorized uses according to the
standards established in Rule 62C-30.005(2)(a)(1) through
(12), F.A.C.
(d) Commercial uses accessory to permitted uses 1.a, 1.c. and
1.d above, such as retail sales of produce accessory to
farming, or a restaurant accessory to a park or preserve, so
long as restrictions or limitations are imposed to insure the
commercial use functions as an accessory, subordinate
use.
(e) Active recreational uses, such as airboats, swamp buggies,
horses, and similar modes of transportation used for
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transporting participants, viewers or patrons in connection
with ecotourism operations or environmental education
activities only on lands owned by governmental entities
other than the State of Florida and designated North Belle
Meade Overlay. Said uses are subject to compliance with
criteria (i-ix) outlined in LDC Section 2.03.01 A.1.c.(22).
Allowable uses where TDR credits have been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162 and
823.14(6) Florida Statutes (Florida Right to Farm Act),
including water management facilities, to the extent and
intensity that such operations exist at the date of any
transfer of development rights.
(b) Cattle grazing on unimproved pasture where no clearing is
required;
(c) Detached single-family dwelling units, including mobile
homes where the mobile home Zoning Overlay exists, at a
maximum density of one dwelling unit per 40 acres. In order
to retain these development rights after any transfer, up to
one dwelling must be retained (not transferred) per 40
acres.
(d) One detached dwelling unit, including mobile homes where
the mobile home zoning overlay exists, per lot or parcel in
existence as of June 22, 1999, that is less than 40 acres. In
order to retain these development rights after any transfer,
up to one dwelling must be retained (not transferred) per
each lot or parcel. For the purposes of this provision, a lot
or parcel shall be deemed to have been in existence as of
June 22, 1999, upon a showing of any of the following:
the lot or parcel is part of a subdivision that was
recorded in the public records of the County on or
before June 22, 1999;
a description of the lot or parcel, by metes and
bounds or other specific legal description, was
recorded in the public records of the County on or
before June 22, 1999; or
iii. an agreement for deed for the lot or parcel, which
includes description of the lot or parcel by limited
fixed boundary, was executed on or before June 22,
1999.
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(e) Habitat preservation and conservation uses.
(f) Passive parks and passive recreational uses.
(g) Those essential services identified in section 2.01.03 B.
(h) Oil and gas exploration, subject to applicable state and
federal drilling permits and Collier County non -
environmental site development plan review procedures.
Directional -drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a
state permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on Oct. 3, 2005 [the effective date of this provision],
regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2),
F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or
state oil and gas permits for proposed oil and gas activities
in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C.
For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the applicant shall be
responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C.,
even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected
from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
(i) Mitigation in conjunction with any County, state, or federal
permitting.
(2) Conditional uses:
(a) Those essential services identified in LDC section 2.01.03
G.2 and 4.
(b) Oil and gas field development and production, subject to
applicable state and federal field development permits and
Collier County non -environmental site development plan
review procedures. Directional -drilling and/or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied
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upon issuance of a state permit in compliance with the
criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as those rules existed on Oct. 3, 2005 [the effective
date of this provision], regardless of whether the activity
occurs within the Big Cypress Watershed, as defined in Rule
62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable federal
and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through
62C-30, F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the applicant
shall be responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42, F.S., to
assure compliance with Chapter 62C-25 through 62C-30,
F.A.C., even if outside the defined Big Cypress Watershed.
All oil and gas access roads shall be constructed and
protected from unauthorized uses according to the
standards established in Rule 62C-30.005(2)(a)(1) through
(12), F.A.C.
(c) Conditional use approval criteria: In addition to the criteria
set forth in section 10.08.00 of this Code, the following
additional criteria shall apply to the approval of conditional
uses within RFMU sending lands:
The applicant shall submit a plan for development
that demonstrates that wetlands, listed species and
their habitat are adequately protected as specified in
Chapters 3, 4 and 10.
Conditions may be imposed, as deemed
appropriate, to limit the size, location, and access to
the conditional use.
C. Density.
(1) 1.0 dwelling units per 40 gross acres; or
(2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of
June 22, 1999. For the purpose of this provision, a lot or parcel
which is deemed to have been in existence on or before June 22,
1999 is:
(a) A lot or parcel which is part of a subdivision recorded in the
public records of Collier County, Florida;
(b) A lot or parcel which has limited fixed boundaries, described
by metes and bounds or other specific legal description, the
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description of which has been recorded in the public records
of Collier County Florida on or before June 22, 1999; or
(c) A lot or parcel which has limited fixed boundaries and for
which an agreement for deed was executed prior to June
22, 1999.
d. Native vegetation retention. As required in Chapter 4
e. Other dimensional design standards. Dimensional standards set forth in
section 4.02.01 of this Code shall apply to all development in Sending
designated lands of the RFMU district, except as follows:
(1) Lot Area and Width.
(a) Minimum lot Area: 40 acres.
(b) Minimum lot Width: 300 Feet.
(2) Parking. As required in Chapter 4
(3) Landscaping. As required in Chapter 4.
(4) Signs. As required in section 5.06.00.
5. Specific vegetation standards for the RFMU district. For these specific standards,
please refer to LDC sections 3.05.07 C. through 3.05.07 E. ef this Cede.
Clustering. Parcels must be a minimum of 80 acres, or an aggregation of
Parcels where each is a minimum of 40 acres, clustering is allowed,
provided that the following standard is met:
(1) Each clustered dwelling unit shall be located no greater than 300
feet from the common property line of another parcel containing a
clustered dwelling unit. In the event of an intervening road right-of-
way, the 300 feet measurement shall be from the midpoint of said
right-of-way.
2) The clustered development shall be located on the site so as to
provide to the greatest extent practicable, protection for listed
species habitat, preservation of the highest quality native
vegetation, connectivity to adjacent natural reservations or
preservation areas on adjacent developments, and creation,
maintenance, or enhancement of wildlife corridors.
# # # # # # # # # # # # #
2.06.00 - AFFORDABLE HOUSING DENSITY BONUS
2.06.01 — Generally
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Within most of the coastal urban designated areas identified on the future land use map
of the Collier County GMP, a base density of four residential dwelling units per gross acre
is permitted. However, the base density may be adjusted depending on the characteristics
of the development. One characteristic of a housing development which would allow the
addition of density bonuses in order to increase the density over the base density is the
provision of affordable housing in the development. The provision of affordable housing
units may add up to 12 dwelling units per gross acre to the base density of four residential
dwelling units per gross acre, plus any other density bonuses available and minus any
density reduction that is required, pursuant to the GMP. For a project providing housing
that is affordable in the Receiving Lands within the Rural Fringe Mixed Use District
(RFMUD), the maximum density of 12.2 units per acre is allowed, subject to rezoning
approval and to the approval of an "Affordable Housing Agreement," pursuant to LDC
section 2.06.03. The total eligible density must not exceed the maximum density allowed
pursuant to the GMP. The program to accomplish this increase to provide affordable
housing is called the affordable housing density bonus (AHDB) program.
B. Within most of the Immokalee Urban area, as identified on the Immokalee area master
plan future land use map of the growth management plan, base densities are four or six
or eight residential dwelling units per gross acre. However, the base density may be
adjusted depending on the characteristics of the development. One characteristic of a
housing development that would allow the addition of density bonuses is the provision of
affordable housing in the development. The provision of affordable housing units may add
up to 12 dwelling units per gross acre to the base density plus any other density bonuses
available. The total eligible density must not exceed the maximum allowed pursuant to the
GMP.
C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as
identified on the future land use map of the growth management plan, towns, villages,
hamlets and compact rural developments are allowed at a density range of one-half to
four dwelling units per gross acre. The allowed density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development that
would allow the addition of density bonuses is the provision of affordable housing in the
development. The provision of affordable housing units may add up to eight dwelling units
per gross acre to the allowed density of one-half to four dwelling units per gross acre, for
a total of eight and one-half to twelve and one-half residential dwelling units per gross
acre, plus any other density bonuses available.
D. In order to qualify for the AHDB for a development, the developer must apply for and obtain
the AHDB from the County for a development in accordance with this section, especially
in accordance with the provisions of the AHDB program, including the AHDB rating
system, the AHDB monitoring program, and the limitations on the AHDB.
Preapplication conference. Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the County Manager or
designee. The preapplication conference provides an opportunity to familiarize the
applicant with the AHDB program and provides an opportunity for the county staff
to obtain a clear understanding of the proposed development. The AHDB rating
system, the AHDB monitoring program, the limitations, criteria, procedures,
standard conditions, standard forms, and other information will be discussed and
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made available to the applicant. Depending on the type of development proposed,
the application may be combined with an application for a planned unit
development (PUD), a rezone, or a Stewardship Receiving Area.
2. Application. An application for AHDB for a development must be submitted to the
County Manager or designee in the form established by the County Manager or
designee. The application must, at a minimum, include:
a. Zoning districts proposed by the applicant on the property and acreage of
each;
The total number of residential dwelling units in the proposed development,
categorized by number of bedrooms and whether the unit is to be rented or
owner -occupied;
C. The total number of AHDB units requested, categorized by number of
bedrooms and whether the unit is to be rented or owner -occupied;
d. Total number of affordable housing units proposed in the development,
categorized by level of income, number of bedrooms (one bedroom, two
bedrooms, three bedrooms, or more), and rental units and owner -occupied
units:
Gap -income households.
Moderate -income households.
iii. Low-income households.
iv. Very -low-income housing units.
e. Gross density of the proposed development;
Whether the AHDB is requested in conjunction with an application for a
PUD, rezoning, SRA, or a conditional use for a Commercial Mixed -Use
project as provided for within LDC section 4.02.38; and
g. Any other information which would reasonably be needed to address the
request for AHDB for the development pursuant to the requirements set
forth in this section.
3. Determination of completeness. After receipt of an application for AHDB, the
County Manager or designee shall determine whether the application submitted is
complete. If it is determined that the application is not complete, the County
Manager or designee shall notify the applicant in writing of the deficiencies. The
County Manager or designee shall take no further steps to process the application
until the deficiencies have been remedied.
4. Review and recommendation by the County Manager or designee. After receipt of
a completed application for AHDB, the County Manager or designee must review
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and evaluate the application in light of the AHDB rating system, the AHDB
monitoring program and the requirements of this section. The County Manager or
designee must coordinate with the Zoning Division director or designee to
schedule the AHDB application with the companion application for a PUD,
rezoning, SRA, or conditional use, and must recommend to the planning
commission and the BCC to deny, grant, or grant with conditions, the AHDB
application. The recommendation of the County Manager or designee must include
a report in support of recommendation.
5. Review and recommendation by the planning commission. Upon receipt by the
planning commission of the application for AHDB and the written recommendation
and report of the County Manager or designee, the planning commission must
schedule and hold a properly advertised and duly noticed public hearing on the
application. If the application has been submitted in conjunction with an application
for a PUD, rezoning, SRA, or conditional use, then the hearing must be
consolidated and made a part of the public hearing on the respective application
before the planning commission. The planning commission must consider the
application for AHDB in conjunction with the application for the PUD, rezoning,
SRA, or conditional use. After the close of the public hearing, the planning
commission must review and evaluate the application in light of the requirements
of this section and the requirements for a PUD, rezoning, SRA, or conditional use,
as applicable, and must recommend to the BCC that the application be denied,
granted or granted with conditions.
6. Review and determination by Board of County Commissioners. Upon receipt by
the BCC of the application for AHDB and the written recommendation and report
of the County Manager or designee and recommendation of the planning
commission, the BCC must schedule and hold a properly advertised and duly
noticed public hearing on the application. If the application has been submitted in
conjunction with an application for a PUD, rezoning, SRA, or conditional use, then
the hearing must be consolidated and made a part of the public hearing on the
respective application before the BCC, and the BCC must consider the application
for AHDB in conjunction with the application for the PUD, rezoning, SRA, or
conditional use. After the close of the public hearing, the BCC must review and
evaluate the application in light of the requirements of this section and the
requirements for a PUD, rezoning, SRA, or conditional use, and must deny, grant,
or grant with conditions, the application in accordance with the AHDB rating system
and the AHDB monitoring program.
E. The procedures to request approval of a density bonus are described in Chapter 10 of this
LDC, along with requirements for the developer's agreement to ensure compliance.
# # # # # # # # # # # # #
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RFMUD Overview
1999, the State of Florida imposed a Final Order on Collier County to perform a 3-year
Rural and Agricultural Assessment of the GMP:
(1) Protect prime Ag areas — prevent premature conversion to other land uses;
(2) Protect natural resources - water quality & quantity, listed species & their habitat,
(3) Discourage urban sprawl - direct incompatible uses away from critical habitat, encourage
development that uses creative land use planning techniques, e.g., urban villages
RFMU: Initially adopted into GMP in 2002 and into the LDC in 2004.
The plan is based on the principles of Transfer of Development Rights.
Areas designated as "sending" are areas of higher quality habitat to direct growth away;
"receiving" are areas where development is more suitable.
Landowners in the sending areas can voluntarily use the program to obtain and sell
their TDR credits to developers in the receiving areas.
This LDC amendment adopts GMPA (Ord. 2023-25).
p Boundary of RFMUD
i
r
a
■
RURAL FRINGE North Sending
Lands ,
IC
MIXED USE �+uox€� wxo E
DISTRICT
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Northwest Sending Receiving
Land Lands
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Lands - ■ ■ . . ■ ■
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Receivi - i
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i m umpm mamma% l +
Aelle Meade ` lfrwpb4m
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M I RURII USE i G Lands - -
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LDC Changes in a Nutshell (1 of 2)
Increasing the number of base TDR credits generated per acre/per nonconforming lot.
Changing the calculation of TDR bonus credits.
Addition of Conservation TDR credits.
Addition of Belle Meade Hydrologic Enhancement Overlay (BMHEO) provisions.
Changes to Environmental Restoration and Maintenance TDR Bonus credit generation.
Introduction of Business and Industrial Uses in the receiving lands with specific uses, development
standards and locational criteria to be identified within the LDC.
Revising the table of allowable uses for RFMUD receiving lands -Outside Rural Villages.
LDC Changes in a Nutshell (2 of 2)
Changes to Rural Village design criteria and density bonus for low-income residential housing units.
Addition of clustering provisions for RFMUD sending lands.
Introduction of Neighborhood commercial uses with Affordable Housing projects with specific uses,
design and development standards and locational criteria to be identified with the LDC.
Reduction of open space requirements for housing that is affordable projects.
Allowance of active recreation in the sending lands as Conditional Uses
Additional development standards and location criteria for housing that is affordable within the
receiving lands.
Recommendation of approval of the proposed changes to the LDC for
P L 2024 000 6969
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,e Collier County
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20250010243 This amendment shall establish compliance with the Laws of Florida, Chapter
ORIGIN 2025-177 that revised timeframes for processing applications for approval of
Growth Management development permits or development orders. It defines the term "substantial
Community Development change" and provides refund parameters in situations where the county fails
Department (GMCDD) to meet certain timeframes. The timeframes are not applicable to statutory
Areas of Critical State Concern (ACSC). 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).
HEARING DATES
LDC SECTION TO BE AMENDED
Board TBD
10.02.03
Requirements for Site Development, Site Improvement Plans and
CCPC TBD
Amendments thereof
DSAC TBD
10.02.04
Requirements for Subdivision Plats
DSAC-LDR TBD
10.02.08
Requirements for Amendments to the Official Zoning Atlas
10.02.13
Planned Unit Development (PUD) Procedures
10.04.01
Determination of Completeness
10.04.03
Applications Subject to Type II Review
10.08.00
CONDITIONAL USE PROCEDURES
10.09.00
VARIANCE PROCEDURES
ADVISORY
BOARD RECOMMENDATIONS
DSAC-LDR
DSAC CCPC
TBD
TBD TBD
BACKGROUND
On June 24, 2025, the governor approved Senate Bill 1080 which amended certain statues (i.e., F.S.125.022,
F.S.163.31801, and F.S. 166.033) that regulate the review and approval of land development permits and
development order applications by local governments. The new law, Chapter 2025-177, will become effective on
October 1, 2025. It requires counties and municipalities to specify minimun information for certain applications;
revise timeframes for processing applications for development permits or orders; provide for refund parameters
when the county fails to meet certain timeframes, and expedites the review for comprehensive plan amendments.
The LDC amendment identifies those applications, and development order permits for clear communication and
timely responses to applicants and recognizes the refund provisions resulting from processing delays. The
required processing of an application starts with an acknowledgement of receipt within five business days of an
application. Next, the application must be reviewed for completeness within 30 days, with any deficiencies being
specified. Non -quasi-judicial hearing applications must be approved or denied within 120 days from when the
application is deemed complete and quasi-judicial hearing applications within 180 days. During a public meeting
or hearing, the applicant and county may agree, in writing, to an extension of time. If there is a "substantial
change" (defined in the statue as 15 percent or more in proposed density, intensity, or square footage of a parcel)
to the application, the timeframes restart.
Pursuant to F.S.125.022 (3)(a), "When reviewing an application for a development permit or development order
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that is certified by a professional listed in F.S. 403.0877, the county may not request additional information from
the applicant more than three times, unless the applicant waives the limitation in writing."
F.S. 125.022 (d) also states: "Before the third request for addition information, the applicant must be offered a
meeting to attempt to resolve any outstanding issues."
If the County fails to meet the statue's stipulated timeframes, a percentage of refunds must be issued to the
applicant as follows:
• 10 percent for failure to issue written notice of completeness or areas of deficiencies within 30 days after
receiving the application submittal or request for additional information,
• 20 percent for failure to send written notice or areas of deficiencies within 10 days of the second request
for information and the applicant submits required information within 30 days,
50 percent if the county fails to approve, approve with conditions, or deny the application within 30 days
after conclusion of the 120-day or 180-day public hearing timeframe, and
• 100 percent if the county fails to act after 30 days and the conclusion of the 120-day or 180-day
timeframe.
Additionally, if "...the applicant and county agree to an extension of time, the delay is caused by the applicant,
or attributable to a force majeure or other extraordinary circumstance," the county is not required to issue a refund.
In accordance with the amended F.S. 177.07 1 -Approval of Plat by Governing Bodies, final plats are now
administratively reviewed and approved by a designated authority (County Manager or designee). In LDC section
10.04.03, the amendment will delete "Final Plats" from the graphic illustration for Applications Subject to Type
II Review.
This LDC amendment will also modify relevant sections of the Land Development Code and Administrative
Code for Land Development for compliance with the Laws of Florida Chapter 2025-177.
FISCAL & OPERATIONAL IMPACTS
A percentage of refund fees to the applicant
can occur in the event of an application
processing delay. Operationally, the county
will incur administrative costs to update
applications review timeframes.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff after
first review.
EXHIBITS: A) Administrative Code Amendment, B) Laws of Florida Chapter 2025-177
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DRAFT
Amend the LDC as follows:
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10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments
thereof
H. Time limits for review, approval, and construction of site development plans, site
improvement plans, and amendments thereof.
1. Site development plans, site improvement plans, and amendments thereof, will
remain under review so long as a resubmittal in response to a county reviewer's
comments is received within 270 days of the date on which the comments were
sent to the applicant, or until the time frames specified in F.S. 125.022. If a waiver
of time limits is submitted and a response is not received within this time, the
application for the site development plan, site improvement plan, and amendments
thereof will be considered withdrawn and cancelled. If there is no waiver of time
limits submitted, and the applicant exceeds the time limits specified in F.S.
125.022, the application will be considered denied. Further review of the project
will require a new application subject to the current LDC.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.04 Requirements for Subdivision Plats
This section shall be read in conjunction with subdivision design standards, in particular, LDC
Chapters 3, 4, and 6.
* * * * * * * * * * * * *
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final
subdivision plats are commonly referred to as "plans and plat."
3. County Manager review of construction plans and final subdivision plats.
* * * * * * * * * * * * *
C. Once the construction plans and final subdivision plats are submitted by
the applicant for review by the County Manager or designee, they will
remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the
comments were sent to the applicant, or until the time frames specified in
F.S. 125.022. If a waiver of time limits is submitted and a response is not
received within this time, the application for construction plans and final
subdivision plat review will be considered withdrawn and cancelled. If there
is no waiver of time limits submitted. and the applicant exceeds the time
limits specified in F.S. 125.022, the application will be considered denied.
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Further review of the project will require a new application and the
appropriate fees paid by the applicant.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.08 Requirements for Amendments to the Official Zoning Atlas
* * * * * * * * * * * *
D. All proposals for zoning amendments shall be submitted as established in the
Administrative Code and accompanied by all pertinent information required by the LDC
and which may be required by the Planning Commission for proper consideration of the
matter, along with payment of such fees and charges as have been established by the
Board of County Commissioners. No application for zoning amendment shall be heard by
the Planning Commission until such fees and charges have been paid.
4. Rezoning application processing time. Once an application for a variance has been
determined to be complete, the application will remain active until °n ann'ir•atinn
fer a rn ninry am dm t or anrve will be °on ° wh
,�-a--r�ze�„Te��era�r— ��--pie er �era�TeR the
n n
will be ronside.ered ��rv'esed" when the applicant withdraws the subject application
through written notice or ceases to supply necessary information to continue
processing or otherwise actively pursue the rezoning, amendment or change, for
a period of 6 months, or until the time frames specified in F.S. 125.022. If a waiver
of time limits is submitted and the petitioner withdraws the application through
written notice or a response is not received within 6 months, the protect will be
considered withdrawn. If there is no waiver of time limits submitted, and the
applicant exceeds the time limits specified in F.S. 125.022, the application will be
considered denied. An —a p'rieati n deemedGlesed" will not reGeiyye_further
nr^^essing and shall An application "closed" through inactivity shall
be deemed withdrawn. The County Manager or designee will notify the applicant
of closure, however, failure to notify by the county shall not eliminate the"Glesed"
withdrawn or denied status of a petition. °n ann'ina+inn deemed °G'esed" magi he
re epeRed by si ibmissien of a new ann'ioatien repayment of a" ann'iration fens
e
grad the grant of a det rm'Ratien of iffiGiee ". Furrther review of the request
be s� ibient to the then „U irrent onrJn. Further review of the protect will require a new
application and the appropriate fees paid bV the applicant. °n ann'i^ation `Deemed
°r'esed" may he re_enened by si ibmissien of a new ann'iGatinn repayment of a"
e
appiGati�Tees and the grant of a deter�atinn«s " Further review of
the request wi" be si ibient to the then ni irrent onlJehih eGt tGhheR GYrrel ltt
# # # # # # # # # # # # #
10.02.13 Planned Unit Development (PUD) Procedures
* * * * * * * * * * * * *
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DRAFT
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B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in
accordance with LDC section 10.02.08 shall be submitted and processed as for a rezoning
amendment generally pursuant to LDC section 10.02.08 and in accordance with the
following special procedures:
* * * * * * * * * * * * *
6. Action by Board of County Commissioners. Unless the application is withdrawn by
the applicant, exceeds the time limits specified in F.S. 125.022 or doomed "Glesed"
pursuant to LDG seGtiGR.O3.w, the Board of County Commissioners shall, upon
receipt of the Planning Commission's recommendation, advertise and hold a public
hearing on the application. The notice and hearing shall be on the PUD rezone
application, PUD master plan of development and PUD ordinance, as
recommended by the Planning Commission to the Board of County
Commissioners. The Board of County Commissioners shall either approve the
proposed rezoning to PUD; approve with conditions or modifications; or deny the
application for PUD rezoning.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.04.01 Determination of Completeness
A
* * * * * * * * * * * *
Approval of regulated development and certificates to operate for wellfield operations.
5. Administrative review. Certificates to operate shall be processed and reviewed,
and shall be administratively approved, approved with conditions, or denied by the
County Manager as provided in this section. Application for certificate to operate
shall be made on a form prepared by the County Manager.
a. Completeness review.
i. Within 30 days of receipt of a completed application, the County
Manager shall review the application for compliance with the
standards of LDC sections 3.06.12 and 3.06.13 hereof.
ii. If the application is found not to be in compliance, the County
Manager shall advise the owner/operator of the noted deficiencies
or required information by certified mail return receipt requested to
the address listed in the application.
iii. Within 30 days of the owner's/operator's receipt of the county's
notice, the owner/operator shall:
(a) Provide the requested information or provide written notice
to the County Manager of its intent to either furnish the
requested information; or
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(b) Provide written notice to the County Manager of its intent to
have the application processed "as is" with the information
it then contains
Substantive review.
Upon a determination by the County Manager that the application
is complete, or upon receipt of written notice from the [sic]
owner/operator that the application should be processed as is, the
County Manager shall issue a determination of completeness and
provide a copy to the owner/operator by regular U.S. electronic
mail.
Within 30 days of issuance of a determination of completeness,
the County Manager shall render a written evaluation of the
application in accordance with the standards of
sections 3.06.12 and 3.06.13 hereof and render a notice of intent
to issue or deny the application, a copy of which shall be sent to
the owner/operator by FegulaF U.S. electronic mail.
iii. The owner/operator may appeal an adverse notice of intent to the
board as provided in section 10.04.11, hereof.
iv. The certificate to operate will be issued or denied by the
department within 15 days of issuance of the notice of intent,
unless an appeal is taken as provided in section (iii) above
Extension of administrative review and withdrawal [of] application.
The County Manager may, in his sole discretion, extend the time
frame for administrative review set forth in section 10.04.01 B.5.a.
and section 10.04.01 B.5.b. hereof or until the time frames specified
in F.S. 125.022 for the purposes of requesting and receiving
additional information necessary to complete the substantive review
of the application.
If the owner/operator does not provide the information requested by
the County Manager or advises the county that the application is to
be processed "as is" within 45 days of such request, the application
shall be considered withdrawal [withdrawn] and fees paid shall be
surrendered.
iii. The owner/operator may voluntarily withdraw the application at any
time prior to the issuance of the County Manager's notice of intent
by submitting a written notice to the County Manager stating its
intent to withdraw.
# # # # # # # # # # # # #
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10.04.03 - Applications Subject to Type II Review
The following applications are subject to Type II review: Conditional use Permits; Rezoning; LDC
Text Amendments; GMP Amendments; and sSmall-sScale dDevelopment Amendments.
For a graphic depiction of the review procedure, please see Illustration 10.04.03 A.
TYP E 11
(FINAL PLATS; CONDITIONAL USE
PERMITS; REZONING; UDC TEXT
AMENDMENTS; GMP AMENDMENTS;
SMALL SCALE DEVELOPMENT AMENDMENTS)
DISTRIBUTION OF
COMPLETE APPLICATION
TO ALL STAFF REVIEWERS
RECEIPT & COMPIL ION
OF COMMENTS &
RECOMMENDATION
APPLICANT MAY
SUBMIT REVISED
APPLICATION
(Limited to X Resubmittals)
PREPARATION OF WRITTEN STAFF
REPORT AND RECOMMENDATIONS
WORKSHOP
ON APPLICATION
IAS NEEDED, OENV OONOM NITAL UNCIL I
I WEARINGS BY BCC I
APPROVAL I I APPROVAL I DENI
(Written Findings and WITH CONDITIONS
(Written Findings and (Written Fi
Written Order) Written Orders)
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TYPE II
(C ONDIIIO AL -USE PE.RIIITS; REZONZ�G; i-DC TEXT 2i�EEN-D-
_IIEIIS; S�L�iL.L SC-XL.E DEN"ELOPIIE_ZI XNEEND_IIErNTS)
DISTRIBUTION OF
COXfPLETE APPLICATION
TO ALL STAFF RE,ZEV%4 ERS
RECEIPT & COM PIL.ATION
OF C OlL1iENT &
RECO LMENDATION5
PREP_A.RATION OF WRITTEN STAFF
REPORT fir, RECO1'wf1vfENDATIONS
V-ORKSH0P ON APPLICATION
(_S NEEDED}
APPLICANT MAY SUBI' iUT
REVISED APPLICATION
(LIX1ITED TO ` RE.SUBRiIT-
HEARING BY PLANNNG CO'\LMIS&ION AND EN',ZRONI4ENT-ALL
s.D',ZSORY COUNCIL AS NEEDED
HEARNG
BY BCC
APPRO' E ORAPPRO%T
NT%'ITH CONDITIONS
ClVritten Order)
DENY
(44'ritten Findin s )
Illustration 10.04.03 A.
# # # # # # # # # # # # #
10.08.00 CONDITIONAL USE PROCEDURES
* * * * * * * * * * * * *
C. Application. The Administrative Code shall establish the submittal requirements for a
conditional use application.
Conditional use application processing time. An application for a „diti ,„,l use
willheno�eredopen" when the etermn na in„ of "S iffinieRGY " has been Fnade
ondi anal use will be Bred "Glesed" when Once an application for a
conditional use has been determined to be complete, the application will remain
active until the applicant withdraws the subject application through written notice
or ceases to supply necessary information to continue processing or otherwise
actively pursue the conditional use, for a period of & six months or until the time
frames specified in F.S. 125.022. If a waiver of time limits is submitted and the
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petitioner withdraws the application through written notice or a response is not
received within six months, the project will be considered withdrawn. If there is no
waiver of time limits submitted, and the applicant exceeds the time limits specified
in F.S.125.022, the application will be considered denied An onnliGation .deemed
Glesed will not eeeive fur -the. and shall he withdrawn and
an
onnlinotion °nleserd° thro„rvh inonti"ity shall he deemed , e,ithrdro,e,nnnleced°thr�i��h in�n�iViity shall hedeemed withdraWR. The �Gt trf
and Zoninq Department County Manager orCounty Manager or designee will notify the applicant of
closure by certified mail, return receipt requested; however, failure to notify by the
County shall not eliminate the "^I� withdrawn or denied status of a petition.
Further review of the project will require a new application, and the appropriate
fees paid by the applicant. °n onnlirotion deemed °nlese/d° may he re onenerd h"
deteFm'Rat'GR Of II .I
then r,,rrent I DG.
10.09.00 VARIANCE PROCEDURES
Variance application processing time. AR appnEat+o„ for o "orionGe will he nonciidereid
assigned o netition nror•essino n,,mher R onnlirotion for oyarionne will he noncirdererd
rleserd" when Once an application for a variance has been determined to be complete,
the application will remain active until the petitioner withdraws the subject application
through written notice or ceases to supply necessary information to continue processing
or otherwise actively pursue the variance, for a period of 6 six months or until the time
frames specified in F.S. 125.022. If a waiver of time limits is submitted and the petitioner
withdraws the application through written notice or a response is not received within six
months, the project will be considered withdrawn. If there is no waiver of time limits
submitted, and the applicant exceeds the time limits specified in F.S.125.022, the
application will be considered denied. An lfc-atien ,deemed "^lesed" wile re^ei„e
crvrraccrrT crvs ccc�vc
I " I.
m.dshall he eemedd withrdFaWR. The pl,aRRinn SeRkes .denortmen+ County Manager or
designee will notify the applicant of closure, however, failure to notify by the county shall
not eliminate the " " withdrawn or denied status of a petition. On onnliGatien ,deemedd
fees and gFaRtiRg E)f a determiRatiGR Of 2661ffiGieRGY". FuFther review Gf the request will be
s ihient +o the then n, irrent nerde. Further review of the protect will require a new application
and the appropriate fees paid by the applicant.
# # # # # # # # # # # # #
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Exhibit A— Administrative Code Amendment
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Collier County Land Development Code Administrative Procedures Manual
Chapter 4 / Administrative Procedures
* * * * * * * * * * * * *
I. Site Development Plan
I.1 Conceptual Site Plan (CSP)
Reference LDC sections 10.02.03 C.
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section 10.02.03 and
other provisions of the LDC.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
* * * * * * * * * * * * *
I.2. Site Development Plan (SDP)
Reference LDC sections 10.02.03. and other provisions of the LDC.
Review Process The Development Review Division will review the application, identify whether additional materials
are needed and approve, approve with conditions or deny the application utilizing the criteria
identified in the applicable LDC sections.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
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Exhibit A— Administrative Code Amendment
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I.3. Site Improvement Plan (SIP)
Reference LDC sections 10.02.03 E. and other provisions of the LDC.
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application, identify whether additional materials
are needed and approve, approve with conditions or deny the application utilizing the criteria
identified in the applicable LDC sections.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
* * * * * * * * * * * * *
I.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites -Existing
Conditions Site Improvement Plan
Reference LDC sections 2.03.07 G.6.
Review Process The Development Review Division will review the application, identify whether additional materials
are needed and approve, approve with conditions or deny the application utilizing the criteria
identified in the applicable LDC sections.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
Collier County Land Development Code I Administrative Procedures Manual
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Exhibit A— Administrative Code Amendment
DRAFT
1 Chapter 5 / Subdivision Procedures
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3 D. Construction Plan and Final Subdivision Plat (PPL)
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D.1. Construction Plan and Final Subdivision Plat - Standard
* * * * * * * * * * * * *
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 or the applicant exceeds the time limits specified in F.S.125.022, the
application will be considered withdrawn and cancelled. Further review of the project will require
a new application together with appropriate fees.. If there is no waiver of time limits submitted
by the applicant and the applicant exceeds the time limits specified in F.S.125.022, the application
will be considered denied.
The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
For applicants requesting building permits before plat recording, the county will stamp the final
plat as "Preliminary Plat for Building Permit Issuance" after Board approval of the plat and receipt
of the fully executed construction and maintenance agreement and performance security after
County Attorney approval
D.2. Construction Plans and Final Subdivision Plat Amendment (PPLA)
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 within 270 days of the date on which the comments were sent to the
applicant. If a response is not received within this time or the applicant exceeds the time limits
specified in F.S.125.022, the application will be considered withdrawn and cancelled. Further
review of the project will require a new application together with appropriate fees. If there is no
waiver of time limits submitted by the applicant and the applicant exceeds the time limits specified
in F.S.125.022, the application will be considered denied.
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Exhibit A— Administrative Code Amendment
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The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
* * * * * * * * * * * * *
D.3. Final Subdivision Plat- For Townhouse Fee Simple Development
Reference LDC sections 10.02.04.13 and 10.02.04 C and other provisions of the LDC.
* * * * * * * * * * * * *
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 or the applicant exceeds the time limits specified in
F.S.125.022, or withdraws the application through written notice, the application review will be
considered withdrawn and cancelled. Further review of the project will require a new application
together with appropriate fees. If there is no waiver of time limits submitted by the applicant and
the applicant exceeds the time limits specified in F.S.125.022, the application will be considered
denied.
The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
* * * * * * * * * * * * *
E. Construction Plans (CNSTR)
E.1. Construction Plans - Standard
Reference LDC sections 10.02.04 E.
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section 10.02.04 E and
shall approve or deny the application.
Once submitted for review, the construction plans 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
or the applicant exceeds the time limits specified in F.S.125.022, the application for review will be
considered withdrawn and cancelled. Further review of the project will require a new application
together with appropriate fees. If there is no waiver of time limits submitted by the applicant and
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the applicant exceeds the time limits specified in F.S.125.022, the application will be considered
denied.
* * * * * * * * * * * * *
E.2. Insubstantial Change to Construction Plans - (ICP)
Reference LDC sections 10.02.04 B.5 and 10.02.05 A.5
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application and identify whether additional
materials are needed and review the application for compliance with LDC sections 10.02.04 and
10.02.05 and any other applicable LDC sections.
Once submitted for review, the insubstantial change 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 or the applicant exceeds the time limits specified in F.S.125.022, the application for review
will be considered withdrawn and cancelled. Further review of the project will require a new
application together with appropriate fees. If there is no waiver of time limits submitted by the
applicant and the applicant exceeds the time limits specified in F.S.125.022, the application will be
considered denied.
F. Minor Final Subdivision Plat (FP)
Reference LDC section 10.02.04 D.
* * * * * * * * * * * *
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.
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 or until the time frames specified in F.S.125.022, the application for review will be
considered withdrawn and cancelled. Further review of the project will require a new application
together with appropriate fees.. If there is no waiver of time limits submitted by the applicant and
the applicant exceeds the time limits specified in F.S.125.022, the application will be considered
denied.
The County Manager or designee will provide a recommendation to the BCC to approve, approve
with conditions, or deny the minor final subdivision plat.
* * * * * * * * * * * * *
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Exhibit B — F.S. Chapter 2025-1777
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CHAPTER, 2025-177
Committee Substitute for Senate Bill No. 1080
An act relating to local government land regulation; amending s. 125.022,
F.S.; requiring counties to specify minimum information necessary for
certain applications; revising timeframes for processing applications for
approval of development permits or development orders; defining the term
"substantive change"; providing refund parameters in situations where
the county fails to meet certain timeframes; providing exceptions;
amending s. 163.3180, F.S.; prohibiting a school district from collecting,
charging, or imposing certain fees unless they meet certain requirements;
providing a standard of review for actions challenging such fees; amending
s. 553.80, F.S.; specifying certain purposes for which local governments
may use certain fees to carry out activities relating to obtaining or
finalizing a building permit; amending s. 163.31801, F.S.; revising the
voting threshold required for approval of certain impact fee increase
ordinances by local governments, school districts, and special districts;
requiring that certain impact fee increases be implemented in specified
increments; prohibiting a local government from increasing an impact fee
rate beyond certain phase -in limitations under certain circumstances;
deleting retroactive applicability; amending s. 163.3184, F.S.; providing
that if comprehensive plan amendments are not adopted at a specified
hearing, such amendments must be formally adopted within a certain
time period or they are deemed withdrawn; increasing the time period
within which comprehensive plan amendments must be transmitted;
amending s. 166,033, F.S,; requiring municipalities to specify minimum
information necessary for certain applications; revising timeframes for
processing applications for approval of development permits or develop-
ment orders; defining the term "substantive change"; providing refund
parameters in situations where the municipality fails to meet certain
timeframes; providing exceptions; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 12.5.022, Florida Statutes, is amended to read:
125.022 Development permits and orders.—
(1) A county shall specify in writing the minimum information that must
be submitted in an application for a zoning approval, rezoning approval,
subdivision approval, certification, special.e ..eption, or variance. A country
shall make the minimum information available for inspection and copying at
the location where the county receives applications for development permits
and orders, provide the information to the appljoLjUt_,q.t.,...p pp� catigp
meeting, or past the information on the county's website.
(2) Within 5 business days after receiving an application for approval of a
developmen .permit or development order,, a county shall confirm receipt of
CODING: Words st,err are deletions; words underlined are additions.
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Exhibit B— F.S. Chapter 2025-1777
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Ch. 2025-1' 1 LAWS OF F7,0RIDA Ch. 2025-1 f7
the application using contact information provided by the applicant. Within
30 days after receiving an application for approval of a development permit
or development order, a county must review the application for completeness
and issue a written notification to the applicant letter indicating that all
required information is submitted or specify in writing � with
particularity any areas that are deficient. If the application is deficient, the
applicant has 30 days to address the deficiencies by submitting the required
additional information, For applications that do jq MQjVi.re final action
through a quasi-judicial hearing or a public hearing, the county must
approve, approve with conditions, or deny the application for a development
permit or development order within 120 days after the county has deemed
the application complete., or 180 a..y For applications that require final
action through a quasi judicial hearing or a public hearing, the county must
approve, approve with conditions, or deny the application far a development
permit or development order within 180 days after the county has deemed
the application complete. Both parties may agree in writing or in a public
meeting or hearing to a reasonable request -for an extension of time,
particularly in the event of a force majeure or other extraordinary
circumstance. An approval, approval with conditions, or denial of the
application for a development permit or development order must include
written findings supporting the county's decision. The timeframes contained
in this subsection do not apply in arx area of critical state concern, as
designated in s. 380.0552. The timeframes contained in this subsection
restart if an applicant makes a substantive change to the application As
used in this subsection, th�Ltez'm "substantive change",.Means an appy.=t-
initiated change of 15 percent or more in the proposed density, intensity, or
square footage .of a, parcel,
(3)(a)(2*a4 When reviewing an application for a development permit or
development order that is certified by a professional listed in s. 403.0877, a
county may not request additional information from the applicant more than
three times, unless the applicant waives the limitation in writing.
(b) If a county makes a request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the county must review the application for complete-
ness and issue a letter indicating that all required information has been
submitted or specify with particularity any areas that are deficient within 30
days after receiving the additional information.
(c) if a county makes a second request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the county must review the application for complete-
ness and issue a letter indicating that all required information has been
submitted or specify with particularity any areas that are deficient within 10
days after receiving the additional information.
(d) Before a third request for additional information, the applicant must
be offered a meeting to attempt to resolve outstanding issues. If a county
males a third request for additional information and the applicant submits
2
CODING: Wards skr-iekeFr are deletions; words underlined are additions.
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Exhibit 6— F.S. Chapter 2025-1777
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Ch. 20 -1 f f LAWS OF FLARMA Ch. 2025-1 f
the required additional information within 30 days after receiving the
request, the county must deem the application complete within 10 days after
receiving the additional information or proceed to process the application for
approval or denial unless the applicant waived the county's limitation in
writing as described in paragraph (a).
(e) Except as provided in subsection (7) 464, if the applicant believes the
request for additional information is not authorized by ordinance, rule,
statute, or other legal authority, the county, at the applicant's request, shall
proceed to process the application for approval or denial.
A county must issu _.a refund to an applicant .equal tq;
(a) Ten percent of the application fee if the county fails to issue written
notification of completeness or written specification of areas of deficiency
within 30 days after receiving the application.
(b) Ten percent of the application fee if the county fails to issue a written
notification of completeness or written specification of areas of deficiency
within 30 days after receiving the additional information pursuant to
paragraph (3)(b).,
(c) Twenty percent of the application fee if the county fails to issue a
written notification of completeness or written specification of areas of
deficiency within 10 days after receiving the additional information
pursuant to paragraph (3)(c).
(d) lofty percent of the application fee if the county fails to approve,
approves_ with conditions, or denies the application within 30 days after
cone A. f jbp 120-day or 180-day timpframe specified in subsection (2),
itions, or denie,5 QaM lip catian,U.d4ys or more
A county is not required to issue a refund if the applicant and the county
ae`ree to an extension of time, the delay is caused by the applicant, or the
delay is attributable to a force. maj e ure or other.extraordinary circumstance,
(51(8) When a county denies an application for a development permit or
development order, the county shall give written notice to the applicant. The
notice must include a citation to the applicable portions of an ordinance,
rule, statute, or other legal authority for the denial of the permit or order.
(6�(Q As used in this section, the terms "development permit" and
"development order" have the same meaning as in s. 163.3164, but do not
include building permits.
LI) For any development permit application filed with the county after
July 1, 2012, a county may not require as a condition of processing or issuing
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Ch. 2025-177 LAWS OF F7,0RIDA Ch. 2025-1 f7
a development permit or development order that an applicant obtain a
permit or approval from any state or federal agency unless the agency has
issued a final agency action that denies the federal or state permit before the
county action on the local development permit.
(&�6) Issuance of a development permit or develDpment order by a
county does not in any way create any rights on the part of the applicant to
obtain a permit from a state or federal agency and does not create any
liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state
or federal agency or undertakes actions that result in a violation of state or
federal law. A county shall attach such a disclaimer to the issuance of a
development permit and shall include a permit condition that all other
applicable state or federal permits be obtained before commencement of the
development.
This section does not prohibit a county from providing information
to an applicant regarding what other state or federal permits may apply.
Section 2. Present paragraph 0) of subsection (6) of section 163.3180,
Florida Statutes, is redesignated as paragraph (k), and a new paragraph J )
is added to that subsection, to read:
163.3180 Concurrency.—
(6)
A school district may not collect. charLre. or impose anv alternative fee
in lieu of an impact fee to mitigate the impact of development on educational
facilities unles,s such fee meets th4 .,requirements of s. 1,aaU,801(4)(f) and (g),
In any action challenging a fee under this paragraph, the school district has
the burden of nrovinLy by a urenonderance of the evidence that the iimnasition
and -amount -of tla.fee meet requirements of st t legal precedent
Section 3. Paragraph (a) of subsection (7) of section 552.80, Florida
Statutes, is amended to read:
553.80 Enforcement.—
(7)(a) The governing bodies of local governments may provide a schedule
of reasonable fees, as authorized by s. 125.56(2) or s. 166.222 and this
section, for enforcing this part. These fees, and any fines or investment
earnings related to the fees, may only be used for carrying out the local
government's responsibilities in enforcing the Florida Building Code,
including, but not limited to, any process or enforcement related to obtaining
or finalising a building permit. When providing a schedule of reasonable
fees, the total estimated annual revenue derived from fees, and the fines and
investment earnings related to the fees, may not exceed the total estimated
annual costs of allowable activities. Any unexpended balances must be
carried forward to future years for allowable activities or must be refunded
at the discretion. of the local government. A local government may not carry
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Ch. 2025-177 LAWS OF FLOREDA Ch. 2025-177
forward an amount exceeding the average of its operating budget for
enforcing the Florida Building Cade for the previous 4 fiscal years. For
purposes of this subsection, the term "operating budget" does not include
reserve amounts. Any amount exceeding this limit must be used as
authorized in subparagraph 2. However, a local government that estab-
lished, as of January 1, 2019, a Building Inspections Fund Advisory Board
consisting of five members from the construction stakeholder community
and carries an unexpended balance in excess of the average of its operating
budget for the previous 4 fiscal years may continue to carry such excess
funds forward upon the recommendation of the advisory board. The basis for
a fee structure for allowable activities must relate to the level of service
provided by the local government and must include consideration for
refunding fees due to reduced services based on services provided as
prescribed by s. 553.791, but not provided by the local government. Fees
charged must be consistently applied.
1. As used in this subsection, the phrase "enforcing the Florida Building
Code" includes the direct costs and reasonable indirect costs associated with
review of building plans, building inspections, reinspections, and building
permit processing; building code enforcement; and fire inspections asso-
ciated with new construction. The phrase may also include training costs
associated with the enforcement of the Florida Building Code and enforce-
ment action pertaining to unlicensed contractor activity to the extent not
funded by other user fees.
2. A local government must use any excess funds that it is prohibited
from carrying forward to rebate and reduce fees, to upgrade technology
hardware and software systems to enhance service delivery, to pay for the
construction of a building or structure that houses a local government's
building code enforcement agency, or for training programs for building
officials, inspectors, or plans examiners associated with the enforcement of
the Florida Building Code. Excess funds used to construct such a building or
structure must be designated for such purpose by the local government and
may not be carried forward for more than 4 consecutive years. An owner or
builder who has a valid building permit issued by a local government for a
fee, or an association of owners or builders located in the state that has
members with valid building permits issued by a local government for a fee,
may bring a civil action against the local government that issued the permit
for a fee to enforce this subparagraph.
3. The following activities may not be funded with fees adopted for
enforcing the Florida Building Code:
a. Planning and zoning or other general government activities not
related to obtaining a building permit.
b. Inspections of public buildings for a reduced fee or no fee.
c. Public information requests, community functions, boards, and any
program not directly related to enforcement of the Florida Building Code.
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Ch. 2025-1 77 LAWS OF FLORIDA Ch. 2025-11 f 7
d. Enforcement and implementation of any other local ordinance,
excluding validly adopted local amendments to the Florida Building Code
and excluding any local ordinance directly related to enforcing the Florida
Building Code as defined in subparagraph 1.
4. A local government must use recognized management, accounting,
and oversight practices to ensure that fees, fines, and investment earnings
generated under this subsection are maintained and allocated or used solely
for the purposes described in subparagraph 1.
5. The local enforcement agency, independent district, or special district
may not require at any time, including at the time of application for a permit,
the payment of any additional fees, charges, or expenses associated with:
a. Providing proof of licensure under chapter 489;
b. Recording or filing a license issued under this chapter;
c. Providing, recording, or filing evidence of workers' compensation
insurance coverage as required by chapter 440, or
d. Charging surcharges or other similar fees not directly related to
enforcing the Florida Building Code.
Section 4. Effective January 1, 2026, paragraphs (g) and (h) of subsection
{6) of section 163.31801, Florida Statutes, are amended to read:
163.31801 Impact fees; short title; intent; minimum requirements;
audits; challenges.—
(6) A local government, school district, or special district may increase an
impact fee only as provided in this subsection.
(g)1. A local government, school district, or special district may increase
an impact fee rate beyond the phase -in limitations established under
paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing
the need for such increase in full compliance with the requirements of
subsection (4), provided the following criteria are met:
a.. A demonstrated -need study j ustifying any increase in excess of those
authorized in paragraph (b), paragraph (c), paragraph (d), or paragraph (e)
has been completed within the 12 months before the adoption of the impact
fee increase and expressly demonstrates the extraordinary circumstances
necessitating the need to exceed the phase -in limitations.
h,2. The local government jurisdiction has held at. least not less than two
publicly noticed workshops dedicated to the extraordinary circumstances
necessitating the need to exceed the phase -in limitations set forth in
paragraph (b), paragraph (c), paragraph (d), or paragraph (e).
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Ch. W25-1 f f LAWS OF FLOREDA Cal. 2025-1 f
., The impact fee increase ordinance is approved by at least a
unanimous two-thi vote of the governing body.
2. An impact fee increase approved under this paragraph must be
implemented in at least two but not more than four equal annual increments
beginning with the date on which the impact fee increase ordinance is
da ed.
3. A local government may not increase an impact fee rate beyond the
phase -in limitations under this paragraph if the local government has not
increased the impact fee within the past 5 years. Any year in which the local
government is prohibited from increasing an impact fee because the
iurisdiction is in a hurricane disaster area is not included in the 5-year
-period.
(h) T4ir smabseetien epeFAtesretr-3EFetiyely to jaEFaary y 202
Section 5. Paragraphs (b) and (c) of subsection (3) of section 163.3184,
Florida Statutes, are amended to read:
163.3184 Process for adoption of comprehensive plan or plan amend-
ment.—
(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
COMPREHENSIVE PLAN AMENDMENTS.—
(b)1. If a plan amend.ment or amendments....are adapted, the local
government, after the initial public hearing held pursuant to subsection
(11), shall transmit, within 10 working days after the date of adoption, the
amendment or amendments and appropriate supporting data and analyses
to the reviewing agencies. The local governing body shall also transmit a
copy of the amendments and supporting data and analyses to any other local
government or governmental agency that has filed a written request with
the governing body.
2. The reviewing agencies and any other local government or govern-
mental agency specified in subparagraph 1, may provide comments
regarding the amendment or amendments to the local government. State
agencies shall only comment on important state resources and facilities that
will be adversely impacted by the amendment if adopted. Comments
provided by state agencies shall state with specificity how the plan
amendment will adversely impact an important state resource or facility
and shall identify measures the local government may take to eliminate,
reduce, or mitigate the adverse impacts. Such comments, if not resolved,
may result in a challenge by the state land planning agency to the plan
amendment. Agencies and local governments must transmit their comments
to the affected local government such that they are received by the local
government not later than 30 days after the date on which the agency or
government received the amendment or amendments. Reviewing agencies
shall also send a copy of their comments to the state land planning agency.
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Ch. 2025-1 77 LAWS OF F ,0RIDA Ch. 2025-1 f 7
3. Comments to the local government frorn a regional planning council,
county, or municipality shall be limited as follows:
a. The regional planning council review and comments shall be limited to
adverse effects on regional resources or facilities identified in the strategic
regional policy plan and extrajurisdictional impacts that would be incon-
sistent with the comprehensive plan of any affected local government within
the region. A regional planning council may not review and comment on a
proposed comprehensive plan amendment prepared by such council unless
the plan amendment has been changed by the local government subsequent
to the preparation of the plan amendment by the regional planning council.
b. County comments shall be in the context of the relationship and effect
of the proposed plan amendments on the county plan.
c. Municipal comments shall be in the context of the relationship and
effect of the proposed plan amendments on the municipal plan.
d. Military installation comments shall be provided in accordance with s.
163.3175.
4. Comments to the local government from state agencies shall be
limited to the following subjects as they relate to important state resources
and facilities that will be adversely impacted by the amendment if adapted:
a. The Department of Environmental Protection shall limit its comments
to the subjects of air and water pollution; wetlands and other surface waters
of the state; federal and state-owned lands and interest in lands, including
state parks, greenways and trails, and conservation easements; Solid waste;
water and wastewater treatment; and the Everglades ecosystem restoration.
b. The Department of State shall limit its comments to the subjects of
historic and archaeological resources.
c. The Department of Transportation shall limit its comments to issues
within the agency's jurisdiction as it relates to transportation resources and
facilities of state importance.
d. The Fish and Wildlife Conservation Commission shall limit its
comments to subjects relating to fish and wildlife habitat and listed species
and their habitat.
e. The Department of Agriculture and Consumer Services shall Iimit its
comments to the subjects of agriculture, forestry, and aquaculture issues.
f. The Department of Education shall limit its comments to the subject of
public school facilities.
g. The appropriate water management district shall limit its comments
to flood protection and floodplain management, wetlands and other surface
waters, and regional water supply.
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Ch. 2025-1f f LAWS OF FLORIDA Cal. 2025-1 f
h. The state land planning agency shall limit its comments to important
state resources and facilities outside the jurisdiction of other commenting
state agencies and may include comments on countervailing planning
policies and objectives served by the plan amendment that should be
balanced against potential adverse impacts to important state resources and
facilities.
(01. The local government shall hold a second public hearing, which
shall be a hearing on whether to adopt one or mare comprehensive plan
amendments pursuant to subsection (11). If the local government fails,
within 180 days after receipt of agency comments, to hold the second public
hearing, , the amend-
ments are deemed withdrawn unless extended by agreement with notice to
the state land planning agency and any affected person that provided
comments on the amendment. If the amendments are not adopted at the
second public hearing, the amendments shall be formally adopted by the
local government within 180 days after the second public hearing is held or
the amendments are deemed withdrawn The 180 d", lifnitatio doer, not
apply to amendments a
�eessantto--s. 380.0 �.
2. All comprehensive plan amendments adopted by the governing body,
along with the supporting data and analysis, shall be transmitted within 30
1-9 working days after the final adoption hearing to the state land planning
agency and any other agency or local government that provided timely
comments under subparagraph (b)2. If the local government fails to transmit
the comprehensive plan amendments within 30 -10 working days after the
final adoption hearing. the amendments are deemed withdrawn.
3. The state land planning agency shall notify the local government of
any deficiencies within 5 working days after receipt of an amendment
package. For purposes of completeness, an amendment shall be deemed
complete if it contains a full, executed copy of:
a. The adoption ordinance or ordinances;
b. In the case of a text amendment, the amended language in legislative
format with new words inserted in the text underlined, and words deleted
stricken with hyphens;
c. In the case of future land use map amendment, the future land use
map clearly depicting the parcel, its existing future land use designation,
and its adapted designation; and
d. Any data and analyses the local government deems appropriate.
4. An amendment adopted under this paragraph does not became
effective until 31 days after the state land planning agency notifies the
local government that the plan amendment package is complete. If timely
challenged, an amendment does not become effective until the state land
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planning agency or the Administration Commission enters a final order
determining the adopted amendment to be in compliance,
Section 6. Section 166.033, Florida Statutes, is amended to read:
166.033 Development permits and orders.—
(1) A municipality shall specify in writing the minimum information that
must be submitted for an application for a zoning approval, rezoning
approval, subdivision approval, certification, special exception, or variance.
A municipality shall make the minimum infarmation_ayailable for inspec-
tion and copying at the location where the municipality receives applications
for development permits and orders, provide the information to the
applicant at a preapplication meeting. or post the information on the
municipality's wel}site.
(2) Within 5 business days after receiving an application for approval of a
development permit or development order, a municipality shall confirm
receipt of the application using contact information provided by the
ailpltcant. Within 30 days after receiving an application for approval of a
development permit or development order, a municipality must review the
application for completeness and issue a written notification to the applicant
' indicating that all required information is submitted or s eci in
w-ritin speeif�dng with particularity any areas that are deficient. If the
application is deficient, the applicant has 30 days to address the deficiencies
by submitting the required additional information. For applications that do
not require final action through a quasi-judicial hearing or a public bearing,
the municipality must approve, approy-g-_,yith conditions,.., ar.. deny the
app'ci atson for a development permit. development order within 120
days after the municipality has deemed the application complete„ or 180
ire For applications that require final action through a quasi-judicial
hearing or a public hearing, the municipality must approve, approve with
conditions, or deny the application for a development permit or development
order within 180 days after the municipality has deemed the application
complete. Both parties may agree in writing or in a public meeting or hearing
to ^ reasonable request fo an extension of time, particularly in the event of a
force ma,jeure or other extraordinary circumstance, An approval, approval
with conditions, or denial of the application for a development permit or
development order must include written findings supporting the munici-
pality's decision. The timeframes contained in this subsection do not apply in
an area of critical state concern, as designated in s. 380.0552 or chapter 28-
36, Florida Administrative Code. The timefraures contained in this subsec-
tion restart if an applicant makes a substantive change to the application. As
v ac) in this subsection, the term "substantive change" means an appl'
initizt&change of 15 percent or more in the proposed d erL*ikyjntendLyu
square footage of a parcel.
When reviewing an application for a development permit or
development order that is certified by a professional listed in s. 403.0877, a
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Ch. 2025-1 f f LAWS OF FLORIDA Ch. 2025-177
municipality may not request additional information from the applicant
more than three times, unless the applicant waives the limitation in writing.
(b) If a municipality makes a request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the municipality must review the application for
completeness and issue a letter indicating that all required information has
been submitted or specify with particularity any areas that are deficient
within 30 days after receiving the additional information.
(c) If a municipality makes a second request for additional information
and the applicant submits the required additional information within 30
days after receiving the request, the municipality must review the applica-
tion for completeness and issue a letter indicating that all required
information has been submitted or specify with particularity any areas
that are deficient within 10 days after receiving the additional information.
(d) Before a third request for additional information, the applicant must
be offered a meeting to attempt to resolve outstanding issues, If a
municipality Snakes a third request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the municipality must deem the application complete
within la days after receiving the additional information or proceed to
process the application for approval or denial unless the applicant waived
the municipality's limitation in writing as described in paragraph (a).
(e) Except as provided in subsection M (&), if the applicant believes the
request for additional information is not authorized by ordinance, rule,
statute, or other legal authority, the municipality, at the applicant's request,
shall proceed to process the application for approval or denial.
(4) A municipality must issue a refund to an applicant equal to:
(a) Ten percent of the application fee if the municipality fails to issue
written notification of completeness or written specification of .areas. of
deficiency within 30 days after receiving the application.
(b) Ten percent of the application fee if the municipality fails to issue
written notification of completeness Qr writteu_specifncation .,..QL_areas of
deficiency within 30 days after receiving the additional information
pursuant to paragraph (3l(b),
(c) Twenty -percent of the application fee if the municipality fails to issue
written notification of completeness or written specification of areas of
deficiency ,Within 10 days after _r_QWjy ng the additional information
pursuant to paragraph (3)(c).
(d) Fifty percent of the application fee if the municipality fails to
anorove, approves with conditions, or denies the application within 30
days after conclusion of the 120-day or 180-day timeframe specified in
subsection (2).
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(e) One hundred percent Qf the application fee if the municipality fails to
approve, approves with conditions, or denies an application 31 days or more
after conclusion of the 120-day or 180-day timeframe specified in subsection
(2).1
A municipality is not required to issue a refund if the applicant and the
municipality agree to an extension of time. the ,_&lay is caused 6y the
applicant,.. pr the delay jl..atls�ble_ tg fn� a majeu. a ar ,ether
extraordinary circumstance.
(51(34 When a municipality denies an application for a development
permit or development order, the municipality shall give written notice to
the applicant. The notice must include a citation to the applicable portions of
an ordinance, rule, statute, or other legal authority for the denial of the
permit or order.
(61(4) As used in this section, the terms "development permit" and
"development order" have the same meaning as in s. 163.3164, but do not
include }wilding permits.
For any development permit application filed with the munici-
pality after July 1, 2012, a municipality may not require as a condition of
processing or issuing a development pexrnit or development order that an
applicant obtain a permit or approval from any state or federal agency
unless the agency has issued a final agency action that denies the federal or
state permit before the municipal action on the local development permit.
(SX6) Issuance of a development permit or development order by a
municipality does not create any right on the part of an applicant to obtain a
permit from a state or federal agency and does not create any liability on the
part of the municipality for issuance of the permit if the applicant fails to
obtain requisite approvals or fulfill the obligations imposed by a state or
federal agency or undertakes actions that result in a violation of state or
federal law. A municipality shall attach such a disclaimer to the issuance of
development permits and shall include a permit condition that all other
applicable state or federal permits be obtained before commencement of the
development.
Mx) This section does not prohibit a municipality from providing
information to an applicant regarding what other state or federal permits
may apply.
Section 7. Except as otherwise expressly provided in this act, this act
shall take effect October 1, 2025.
Approved by the Governor June 24, 2025.
Filed in Office Secretary of State June 24, 2025.
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,e Collier County
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20250010243 This amendment shall establish compliance with the Laws of Florida, Chapter
ORIGIN 2025-177 that revised timeframes for processing applications for approval of
Growth Management development permits or development orders. It defines the term "substantial
Community Development change" and provides refund parameters in situations where the county fails
Department (GMCDD) to meet certain timeframes. The timeframes are not applicable to statutory
Areas of Critical State Concern (ACSC). 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).
HEARING DATES
LDC SECTION TO BE AMENDED
Board TBD
10.02.03
Requirements for Site Development, Site Improvement Plans and
CCPC TBD
Amendments thereof
DSAC TBD
10.02.04
Requirements for Subdivision Plats
DSAC-LDR TBD
10.02.08
Requirements for Amendments to the Official Zoning Atlas
10.02.13
Planned Unit Development (PUD) Procedures
10.04.01
Determination of Completeness
10.04.03
Applications Subject to Type II Review
10.08.00
CONDITIONAL USE PROCEDURES
10.09.00
VARIANCE PROCEDURES
ADVISORY
BOARD RECOMMENDATIONS
DSAC-LDR
DSAC CCPC
TBD
TBD TBD
BACKGROUND
On June 24, 2025, the governor approved Senate Bill 1080 which amended certain statues (i.e., F.S.125.022
163 3 80 , and F.S. 166.033) that regulate the review and approval of land development permits and
development order applications by local governments. The new law, Chapter 2025-177, will become effective on
October 1, 2025. It requires counties and municipalities to specify minimun information for certain applications;
revise timeframes for processing applications for development permits or orders; provide for refund parameters
when the county fails to meet certain timeframes, and expedites the review for comprehensive plan amendments.
The LDC amendment identifies those applications, and development order permits for clear communication and
timely responses to applicants and recognizes the refund provisions resulting from processing delays. The
required processing of an application starts with an acknowledgement of receipt within five business days of an
application. Next, the application must be reviewed for completeness within 30 days, with any deficiencies being
specified. Non -quasi-judicial hearing applications must be approved or denied within 120 days from when the
application is deemed complete and quasi-judicial hearing applications within 180 days. During a public meeting
or hearing, the applicant and county may agree, in writing, to an extension of time. If there is a "substantial
change" (defined in the statue as 15 percent or more in proposed density, intensity, or square footage of a parcel)
to the application, the timeframes restart.
Pursuant to F.S.125.022 (3)(a), "When reviewing an application for a development permit or development order
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,e Collier County
that is certified by a professional listed in F.S. 403.0877, the county may not request additional information from
the applicant more than three times, unless the applicant waives the limitation in writing."
F.S. 125.022 (d) also states: "Before the third request for addition information, the applicant must be offered a
meeting to attempt to resolve any outstanding issues."
If the County fails to meet the statue's stipulated timeframes, a percentage of refunds must be issued to the
applicant as follows:
• 10 percent for failure to issue written notice of completeness or areas of deficiencies within 30 days after
receiving the application submittal or request for additional information,
• 20 percent for failure to send written notice or areas of deficiencies within 10 days of the second request
for information and the applicant submits required information within 30 days,
50 percent if the county fails to approve, approve with conditions, or deny the application within 30 days
after conclusion of the 120-day or 180-day public hearing timeframe, and
• 100 percent if the county fails to act after 30 days and the conclusion of the 120-day or 180-day
timeframe.
Additionally, if "...the applicant and county agree to an extension of time, the delay is caused by the applicant,
or attributable to a force majeure or other extraordinary circumstance," the county is not required to issue a refund.
In accordance with the amended F.S. 177.07 1 -Approval of Plat by Governing Bodies, final plats are now
administratively reviewed and approved by a designated authority (County Manager or designee). In LDC section
10.04.03, the amendment will delete "Final Plats" from the graphic illustration for Applications Subject to Type
II Review.
This LDC amendment will also modify relevant sections of the Land Development Code and Administrative
Code for Land Development for compliance with the Laws of Florida Chapter 2025-177.
FISCAL & OPERATIONAL IMPACTS
A percentage of refund fees to the applicant
can occur in the event of an application
processing delay. Operationally, the county
will incur administrative costs to update
applications review timeframes.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff after
first review.
EXHIBITS: A) Administrative Code Amendment, B) Laws of Florida Chapter 2025-177
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Amend the LDC as follows:
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10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments
thereof
H. Time limits for review, approval, and construction of site development plans, site
improvement plans, and amendments thereof.
1. Site development plans, site improvement plans, and amendments thereof, will
remain under review so long as a resubmittal in response to a county reviewer's
comments is received within 270 days of the date on which the comments were
sent to the applicant, or until the time frames specified in F.S. 125.022. If a waiver
of time limits is submitted and a response is not received within this time, the
application for the site development plan, site improvement plan, and amendments
thereof will be considered withdrawn and cancelled. If there is no waiver of time
limits submitted, and the applicant exceeds the time limits specified in F.S.
125.022, the application will be considered denied. Further review of the project
will require a new application subject to the current LDC.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.04 Requirements for Subdivision Plats
This section shall be read in conjunction with subdivision design standards, in particular, LDC
Chapters 3, 4, and 6.
* * * * * * * * * * * * *
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final
subdivision plats are commonly referred to as "plans and plat."
3. County Manager review of construction plans and final subdivision plats.
* * * * * * * * * * * * *
C. Once the construction plans and final subdivision plats are submitted by
the applicant for review by the County Manager or designee, they will
remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the
comments were sent to the applicant, or until the time frames specified in
F.S. 125.022. If a waiver of time limits is submitted and a response is not
received within this time, the application for construction plans and final
subdivision plat review will be considered withdrawn and cancelled. If there
is no waiver of time limits submitted. and the applicant exceeds the time
limits specified in F.S. 125.022, the application will be considered denied.
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Further review of the project will require a new application and the
appropriate fees paid by the applicant.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.08 Requirements for Amendments to the Official Zoning Atlas
* * * * * * * * * * * *
D. All proposals for zoning amendments shall be submitted as established in the
Administrative Code and accompanied by all pertinent information required by the LDC
and which may be required by the Planning Commission for proper consideration of the
matter, along with payment of such fees and charges as have been established by the
Board of County Commissioners. No application for zoning amendment shall be heard by
the Planning Commission until such fees and charges have been paid.
4. Rezoning application processing time. Once an application fnr n unrinn^^ has been
determined to be complete, the application will remain active until °n annli^atinn
fer a rn ninry am dm t or aRge will be "on " wh
,�-a--r�ze�„Te��era�r— ��--pie er �era�TeR the
n n
will be ronsii-le real "rvlesed" when the applicant withdraws the subject application
through written notice or ceases to supply necessary information to continue
processing or otherwise actively pursue the rezoning, amendment or change, for
a period of 6 months, or until the time frames specified in F.S. 125.022. If a waiver
of time limits is submitted and the petitioner withdraws the application through
written notice or a response is not received within 6 months, the protect will be
considered withdrawn. If there is no waiver of time limits submitted, and the
applicant exceeds the time limits specified in F.S. 125.022, the application will be
considered denied. An ,applieati n deemedGlesed" will not reGeiyye_further
nr^^essing and shall he withdraAn application "closed" through inactivity shall
be deemed withdrawn. The County Manager or designee will notify the applicant
of closure, however, failure to notify by the county shall not eliminate the "Glesed"
withdrawn or denied status of a petition. An annli^a+inn deemed "^lesed" magi he
re epeRed by si ibmissien of a new annlioatien repayment of all annli^atieR fens
e
and the grant of a rlet rm'Ratien of iffiGieRGY". Fu her review of the request will
be s� ibie^t to the then ^� irrent ^nrJn. Further review of the protect will require a new
application and the appropriate fees paid bV the applicant. An annli^ation `Deemed
"^lesed" may he re_enened by si ibmissien of a new annli^atinn repayment of all
e
appiGati�Tees and the grant of a deter�aatinn«s " Further review of
the request will be si ibie^t to the then ^i irrent ^nlJehih eGt tGhheR GYrrel ltt
# # # # # # # # # # # # #
10.02.13 Planned Unit Development (PUD) Procedures
* * * * * * * * * * * * *
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B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in
accordance with LDC section 10.02.08 shall be submitted and processed as for a rezoning
amendment generally pursuant to LDC section 10.02.08 and in accordance with the
following special procedures:
* * * * * * * * * * * * *
6. Action by Board of County Commissioners. Unless the application is withdrawn by
the applicant, exceeds the time limits specified in F.S. 125.022 or doomed "Glesed"
pursuant to LDG seGtiGR.O3.w, the Board of County Commissioners shall, upon
receipt of the Planning Commission's recommendation, advertise and hold a public
hearing on the application. The notice and hearing shall be on the PUD rezone
application, PUD master plan of development and PUD ordinance, as
recommended by the Planning Commission to the Board of County
Commissioners. The Board of County Commissioners shall either approve the
proposed rezoning to PUD; approve with conditions or modifications; or deny the
application for PUD rezoning.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.04.01 Determination of Completeness
A
* * * * * * * * * * * *
Approval of regulated development and certificates to operate for wellfield operations.
5. Administrative review. Certificates to operate shall be processed and reviewed,
and shall be administratively approved, approved with conditions, or denied by the
County Manager as provided in this section. Application for certificate to operate
shall be made on a form prepared by the County Manager.
a. Completeness review.
i. Within 30 days of receipt of a completed application, the County
Manager shall review the application for compliance with the
standards of LDC sections 3.06.12 and 3.06.13 hereof.
ii. If the application is found not to be in compliance, the County
Manager shall advise the owner/operator of the noted deficiencies
or required information by certified mail return receipt requested to
the address listed in the application.
iii. Within 30 days of the owner's/operator's receipt of the county's
notice, the owner/operator shall:
(a) Provide the requested information or provide written notice
to the County Manager of its intent to either furnish the
requested information; or
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(b) Provide written notice to the County Manager of its intent to
have the application processed "as is" with the information
it then contains
Substantive review.
Upon a determination by the County Manager that the application
is complete, or upon receipt of written notice from the [sic]
owner/operator that the application should be processed as is, the
County Manager shall issue a determination of completeness and
provide a copy to the owner/operator by regular U.S. electronic
mail.
Within 30 days of issuance of a determination of completeness,
the County Manager shall render a written evaluation of the
application in accordance with the standards of
sections 3.06.12 and 3.06.13 hereof and render a notice of intent
to issue or deny the application, a copy of which shall be sent to
the owner/operator by FegulaF U.S. electronic mail.
iii. The owner/operator may appeal an adverse notice of intent to the
board as provided in LDC section 10.04.11, hereof.
iv. The certificate to operate will be issued or denied by the
department within 15 days of issuance of the notice of intent,
unless an appeal is taken as provided in section (iii) above
Extension of administrative review and withdrawal [of] application.
The County Manager may, in his sole discretion, extend the time
frame for administrative review set forth in LDC section 10.04.01
B.5.a. and LDC section 10.04.01 B.5.b. hereof or until the time
frames specified in F.S. 125.022 for the purposes of requesting and
receiving additional information necessary to complete the
substantive review of the application.
If the owner/operator does not provide the information requested by
the County Manager or advises the county that the application is to
be processed "as is" within 45 days of such request, the application
shall be considered withdrawal [withdrawn] and fees paid shall be
surrendered.
iii. The owner/operator may voluntarily withdraw the application at any
time prior to the issuance of the County Manager's notice of intent
by submitting a written notice to the County Manager stating its
intent to withdraw.
# # # # # # # # # #
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10.04.03 - Applications Subject to Type II Review
The following applications are subject to Type II review: Conditional use Permits; Rezoning; LDC
Text Amendments; GMP Amendments; and sSmall-sScale dDevelopment Amendments.
For a graphic depiction of the review procedure, please see Illustration 10.04.03 A.
TYP E 11
(FINAL PLATS; CONDITIONAL USE
PERMITS; REZONING; UDC TEXT
AMENDMENTS; GMP AMENDMENTS;
SMALL SCALE DEVELOPMENT AMENDMENTS)
DISTRIBUTION OF
COMPLETE APPLICATION
TO ALL STAFF REVIEWERS
RECEIPT & COMPIL ION
OF COMMENTS &
RECOMMENDATION
APPLICANT MAY
SUBMIT REVISED
APPLICATION
(Limited to X Resubmittals)
PREPARATION OF WRITTEN STAFF
REPORT AND RECOMMENDATIONS
WORKSHOP
ON APPLICATION
IAS NEEDED, OENV OONOM NITAL UNCIL I
I WEARINGS BY BCC I
APPROVAL I I APPROVAL I DENI
(Written Findings and WITH CONDITIONS
(Written Findings and (Written Fi
Written Order) Written Orders)
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TYPE II
(C ONDIIIO AL -USE PE.RIIITS; REZONZ�G; i-DC TEXT 2i�EEN-D-
_IIEIIS; S�L�iL.L SC-XL.E DEN"ELOPIIE_ZI XNEEND_IIErNTS)
DISTRIBUTION OF
COXfPLETE APPLICATION
TO ALL STAFF RE,ZEV%4 ERS
RECEIPT & COM PIL.ATION
OF C OlL1iENT &
RECO LMENDATION5
PREP_A.RATION OF WRITTEN STAFF
REPORT fir, RECO1'wf1vfENDATIONS
V-ORKSH0P ON APPLICATION
(_S NEEDED}
APPLICANT MAY SUBI' iUT
REVISED APPLICATION
(LIX1ITED TO ` RE.SUBRiIT-
HEARING BY PLANNNG CO'\LMIS&ION AND EN',ZRONI4ENT-ALL
AD',ZSORY COUNCIL AS NEEDED
HEARNG
BY BCC
APPRO' E ORAPPRO%T
NT%'ITH CONDITIONS
ClVritten Order)
10.08.00 CONDITIONAL USE PROCEDURES
DENY
(44'ritten Findin s )
Illustration 10.04.03 A.
C. Application. The Administrative Code shall establish the submittal requirements for a
conditional use application.
Conditional use application processing time.
It
ondm anal use will be Bred "Glesed° when Once an application for a
conditional use has been determined to be complete, the application will remain
active until the applicant withdraws the subject application through written notice
or ceases to supply necessary information to continue processing or otherwise
actively pursue the conditional use, for a period of & six months or until the time
frames specified in F.S. 125.022. If a waiver of time limits is submitted and the
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petitioner withdraws the application through written notice or a response is not
received within six months, the project will be considered withdrawn. If there is no
waiver of time limits submitted, and the applicant exceeds the time limits specified
in F.S.125.022, the application will be considered denied An annliGation .deemed
"seed will not reeeve_fur-+he. shall he withdrawn and
an
annlination °nleserd° thro,,r,h inanti"ity shall he deemed withrdra WR The �GtiY
and Zoninq Department County Manager or designee will notify the applicant of
closure by certified mail, return receipt requested; however, failure to notify by the
County shall not eliminate the "^I� withdrawn or denied status of a petition.
Further review of the project will require a new application, and the appropriate
fees paid by the applicant. °n annliration deemed °nlese/d° may he re onenerd h"
then r,,rrent I DG.
10.09.00 VARIANCE PROCEDURES
Variance application processing time. AR applic-at+o„ for a Variance will he sensiidereid
assigned a netition nror•essino n,,mher R annliration for a variance will he nrmsirdererd
rleserd" when Once an application for a variance has been determined to be complete,
the application will remain active until the petitioner withdraws the subject application
through written notice or ceases to supply necessary information to continue processing
or otherwise actively pursue the variance, for a period of 6 six months or until the time
frames specified in F.S. 125.022. If a waiver of time limits is submitted and the petitioner
withdraws the application through written notice or a response is not received within six
months, the project will be considered withdrawn. If there is no waiver of time limits
submitted, and the applicant exceeds the time limits specified in F.S.125.022, the
application will be considered denied. An applliGatien ,deemed "Glesed" wile re^ei„e
crvrraccrrT crvs cccTPc
I „ ,.
m.dall he eemedd withrdraWR. The pl,aRRinn seRkes .denartmen+ County Manager or
designee will notify the applicant of closure, however, failure to notify by the county shall
not eliminate the " " withdrawn or denied status of a petition. On annlisatien ,deemedd
fees and gFaRtiRg E)f a determiRatiGR Of 26161ffiGieRGY". FuFther review ef the request will be
subjes++o the then n, irrent serde. Further review of the project will require a new application
and the appropriate fees paid by the applicant.
# # # # # # # # # # # # #
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Exhibit A— Administrative Code Amendment
DRAFTText underlined is new text to be added
Collier County Land Development Code Administrative Procedures Manual
Chapter 4 / Administrative Procedures
* * * * * * * * * * * * *
I. Site Development Plan
I.1 Conceptual Site Plan (CSP)
Reference LDC sections 10.02.03 C.
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section 10.02.03 and
other provisions of the LDC.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
* * * * * * * * * * * * *
I.2. Site Development Plan (SDP)
Reference LDC sections 10.02.03. and other provisions of the LDC.
Review Process The Development Review Division will review the application, identify whether additional materials
are needed and approve, approve with conditions or deny the application utilizing the criteria
identified in the applicable LDC sections.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
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Exhibit A— Administrative Code Amendment
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I.3. Site Improvement Plan (SIP)
Reference LDC sections 10.02.03 E. and other provisions of the LDC.
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application, identify whether additional materials
are needed and approve, approve with conditions or deny the application utilizing the criteria
identified in the applicable LDC sections.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
* * * * * * * * * * * * *
I.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites -Existing
Conditions Site Improvement Plan
Reference LDC sections 2.03.07 G.6.
Review Process The Development Review Division will review the application, identify whether additional materials
are needed and approve, approve with conditions or deny the application utilizing the criteria
identified in the applicable LDC sections.
Once submitted for review, the 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 or the applicant
exceeds the time limits specified in F.S.125.022, or withdraws the application through written
notice, the application review will be considered withdrawn and cancelled. Further review of the
project will require a new application together with appropriate fees. If there is no waiver of time
limits submitted by the applicant and the applicant exceeds the time limits specified in F.S.125.022,
the application will be considered denied.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
Collier County Land Development Code I Administrative Procedures Manual
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Exhibit A— Administrative Code Amendment
DRAFT
1 Chapter 5 / Subdivision Procedures
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3 D. Construction Plan and Final Subdivision Plat (PPL)
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D.1. Construction Plan and Final Subdivision Plat - Standard
* * * * * * * * * * * * *
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 or the applicant exceeds the time limits specified in F.S.125.022, the
application will be considered withdrawn and cancelled. Further review of the project will require
a new application together with appropriate fees.. If there is no waiver of time limits submitted
by the applicant and the applicant exceeds the time limits specified in F.S.125.022, the application
will be considered denied.
The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
For applicants requesting building permits before plat recording, the county will stamp the final
plat as "Preliminary Plat for Building Permit Issuance" after Board approval of the plat and receipt
of the fully executed construction and maintenance agreement and performance security after
County Attorney approval
D.2. Construction Plans and Final Subdivision Plat Amendment (PPLA)
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 within 270 days of the date on which the comments were sent to the
applicant. If a response is not received within this time or the applicant exceeds the time limits
specified in F.S.125.022, the application will be considered withdrawn and cancelled. Further
review of the project will require a new application together with appropriate fees. If there is no
waiver of time limits submitted by the applicant and the applicant exceeds the time limits specified
in F.S.125.022, the application will be considered denied.
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Exhibit A— Administrative Code Amendment
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The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
* * * * * * * * * * * * *
D.3. Final Subdivision Plat- For Townhouse Fee Simple Development
Reference LDC sections 10.02.04.13 and 10.02.04 C and other provisions of the LDC.
* * * * * * * * * * * * *
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 or the applicant exceeds the time limits specified in
F.S.125.022, or withdraws the application through written notice, the application review will be
considered withdrawn and cancelled. Further review of the project will require a new application
together with appropriate fees. If there is no waiver of time limits submitted by the applicant and
the applicant exceeds the time limits specified in F.S.125.022, the application will be considered
denied.
The County Manager or designee will provide a recommendation to the Board of County
Commissioners to approve, approve with conditions, or deny the final subdivision plat.
* * * * * * * * * * * * *
E. Construction Plans (CNSTR)
E.1. Construction Plans - Standard
Reference LDC sections 10.02.04 E.
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section 10.02.04 E and
shall approve or deny the application.
Once submitted for review, the construction plans 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
or the applicant exceeds the time limits specified in F.S.125.022, the application for review will be
considered withdrawn and cancelled. Further review of the project will require a new application
together with appropriate fees. If there is no waiver of time limits submitted by the applicant and
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the applicant exceeds the time limits specified in F.S.125.022, the application will be considered
denied.
* * * * * * * * * * * * *
E.2. Insubstantial Change to Construction Plans - (ICP)
Reference LDC sections 10.02.04 B.5 and 10.02.05 A.5
* * * * * * * * * * * * *
Review Process The Development Review Division will review the application and identify whether additional
materials are needed and review the application for compliance with LDC sections 10.02.04 and
10.02.05 and any other applicable LDC sections.
Once submitted for review, the insubstantial change 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 or the applicant exceeds the time limits specified in F.S.125.022, the application for review
will be considered withdrawn and cancelled. Further review of the project will require a new
application together with appropriate fees. If there is no waiver of time limits submitted by the
applicant and the applicant exceeds the time limits specified in F.S.125.022, the application will be
considered denied.
F. Minor Final Subdivision Plat (FP)
Reference LDC section 10.02.04 D.
* * * * * * * * * * * *
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.
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 or until the time frames specified in F.S.125.022, the application for review will be
considered withdrawn and cancelled. Further review of the project will require a new application
together with appropriate fees.. If there is no waiver of time limits submitted by the applicant and
the applicant exceeds the time limits specified in F.S.125.022, the application will be considered
denied.
The County Manager or designee will provide a recommendation to the BCC to approve, approve
with conditions, or deny the minor final subdivision plat.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
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Exhibit B — F.S. Chapter 2025-1777
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CHAPTER, 2025-177
Committee Substitute for Senate Bill No. 1080
An act relating to local government land regulation; amending s. 125.022,
F.S.; requiring counties to specify minimum information necessary for
certain applications; revising timeframes for processing applications for
approval of development permits or development orders; defining the term
"substantive change"; providing refund parameters in situations where
the county fails to meet certain timeframes; providing exceptions;
amending s. 163.3180, F.S.; prohibiting a school district from collecting,
charging, or imposing certain fees unless they meet certain requirements;
providing a standard of review for actions challenging such fees; amending
s. 553.80, F.S.; specifying certain purposes for which local governments
may use certain fees to carry out activities relating to obtaining or
finalizing a building permit; amending s. 163.31801, F.S.; revising the
voting threshold required for approval of certain impact fee increase
ordinances by local governments, school districts, and special districts;
requiring that certain impact fee increases be implemented in specified
increments; prohibiting a local government from increasing an impact fee
rate beyond certain phase -in limitations under certain circumstances;
deleting retroactive applicability; amending s. 163.3184, F.S.; providing
that if comprehensive plan amendments are not adapted at a specified
hearing, such amendments must be formally adopted within a certain
time period or they are deemed withdrawn; increasing the time period
within which comprehensive plan amendments must be transmitted;
amending s. 166,033, F.S,; requiring municipalities to specify minimum
information necessary for certain applications; revising timeframes for
processing applications for approval of development permits or develop-
ment orders; defining the term "substantive change"; providing refund
parameters in situations where the municipality fails to meet certain
timeframes; providing exceptions; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 12.5.022, Florida Statutes, is amended to read:
125.022 Development permits and orders.—
(1) A county shall specify in writing the minimum information that must
be submitted in an application for a zoning approval, rezoning approval,
subdivision approval, certification, special.e ..eption, or variance. A country
shall make the minimum information available for inspection and copying at
the location where the county receives applications for development permits
and orders, provide the information to the appljoLjUt_,q.t.,...p pp� catigp
meeting, or post the information on the county's website.
(2) Within 5 business days after receiving an application for approval of a
develvpmen .permit or development order,, a county shall confirm receipt of
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Exhibit B— F.S. Chapter 2025-1777
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Ch. 2025-1' 1 LAWS OF F7,0RIDA Ch. 2025-1 f7
the application using contact information provided by the applicant. Within
30 days after receiving an application for approval of a development permit
or development order, a county must review the application for completeness
and issue a written notification to the applicant letter indicating that all
required information is submitted or specify in writing � with
particularity any areas that are deficient. If the application is deficient, the
applicant has 30 days to address the deficiencies by submitting the required
additional information, For applications that do jq MQjVi.re final action
through a quasi-judicial hearing or a public hearing, the county must
approve, approve with conditions, or deny the application for a development
permit or development order within 120 days after the county has deemed
the application complete., or 180 a..y For applications that require final
action through a quasi judicial hearing or a public hearing, the county must
approve, approve with conditions, or deny the application far a development
permit or development order within 180 days after the county has deemed
the application complete. Both parties may agree in writing or in a public
meeting or hearing to a reasonable request -for an extension of time,
particularly in the event of a force majeure or other extraordinary
circumstance. An approval, approval with conditions, or denial of the
application for a development permit or development order must include
written findings supporting the county's decision. The timeframes contained
in this subsection do not apply in arx area of critical state concern, as
designated in s. 380.0552. The timeframes contained in this subsection
restart if an applicant makes a substantive change to the application As
used in this subsection, th�Ltez'm "substantive change",.Means an appy.=t-
initiated change of 15 percent or more in the proposed density, intensity, or
square footage .of a, parcel,
(3)(a)(2*a4 When reviewing an application for a development permit or
development order that is certified by a professional listed in s. 403.0877, a
county may not request additional information from the applicant more than
three times, unless the applicant waives the limitation in writing.
(b) If a county makes a request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the county must review the application for complete-
ness and issue a letter indicating that all required information has been
submitted or specify with particularity any areas that are deficient within 30
days after receiving the additional information.
(c) if a county makes a second request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the county must review the application for complete-
ness and issue a letter indicating that all required information has been
submitted or specify with particularity any areas that are deficient within 10
days after receiving the additional information.
(d) Before a third request for additional information, the applicant must
be offered a meeting to attempt to resolve outstanding issues. If a county
males a third request for additional information and the applicant submits
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Exhibit 6— F.S. Chapter 2025-1777
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Ch. 20 -1 f f LAWS OF FLARMA Ch. 2025-1 f
the required additional information within 30 days after receiving the
request, the county must deem the application complete within 10 days after
receiving the additional information or proceed to process the application for
approval or denial unless the applicant waived the county's limitation in
writing as described in paragraph (a).
(e) Except as provided in subsection (7) (6), if the applicant believes the
request for additional information is not authorized by ordinance, rule,
statute, or other legal authority, the county, at the applicant's request, shall
proceed to process the application for approval or denial.
( -A county must issu _.a refund to an applicant .equal tq;
(a) Ten percent of the application fee if the county fails to issue written
notification of completeness or written specification of areas of deficiency
within 30 days after receiving the application.
(b) Ten percent of the application fee if the county fails to issue a written
notification of completeness or written specification of areas of deficiency
within 30 days after receiving the additional information pursuant to
paragraph (3)(b).,
(c) Twenty percent of the application fee if the county fails to issue a
written notification of completeness or written specification of areas of
deficiency within 10 days after receiving the additional information
pursuant to paragraph (3)(c).
(d) lofty percent of the application fee if the county fails to approve,
approves_ with conditions, or denies the application within 30 days after
cone A. f jbp 120-day or 180-day timpframe specified in subsection (2),
itions, or denie,5 QaM lip catian,U.d4ys or more
A county is not required to issue a refund if the applicant and the county
ae`ree to an extension of time, the delay is caused by the applicant, or the
delay is attributable to a force. maj e ure or other.extraordinary circumstance,
(51(8} When a county denies an application for a development permit or
development order, the county shall give written notice to the applicant. The
notice must include a citation to the applicable portions of an ordinance,
rule, statute, or other legal authority for the denial of the permit or order.
(6�(Q As used in this section, the terms "development permit" and
"development order" have the same meaning as in s. 163.3164, but do not
include building permits.
LI) For any development permit application filed with the county after
July 1, 2012, a county may not require as a condition of processing or issuing
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Exhibit 6— F.S. Chapter 2025-1777
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Ch. 2025-177 LAWS OF F7,0RIDA Ch. 2025-1 f7
a development permit or development order that an applicant obtain a
permit or approval from any state or federal agency unless the agency has
issued a final agency action that denies the federal or state permit before the
county action on the local development permit.
(&�6) Issuance of a development permit or develDpment order by a
county does not in any way create any rights on the part of the applicant to
obtain a permit from a state or federal agency and does not create any
liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state
or federal agency or undertakes actions that result in a violation of state or
federal law. A county shall attach such a disclaimer to the issuance of a
development permit and shall include a permit condition that all other
applicable state or federal permits be obtained before commencement of the
development.
This section does not prohibit a county from providing information
to an applicant regarding what other state or federal permits may apply.
Section 2. Present paragraph 0) of subsection (6) of section 163.3180,
Florida Statutes, is redesignated as paragraph (k), and a new paragraph J )
is added to that subsection, to read:
163.3180 Concurrency.—
(6)
A school district may not collect. charLre. or impose anv alternative fee
in lieu of an impact fee to mitigate the impact of development on educational
facilities unles,s such fee meets th4 .,requirements of s. 1,aaU,801(4)(f) and (g),
In any action challenging a fee under this paragraph, the school district has
the burden of nrovinLy by a urenonderance of the evidence that the iimnosition
and -amount -of tla.fee meet requirements of st t legal precedent
Section 3. Paragraph (a) of subsection (7) of section 552.80, Florida
Statutes, is amended to read:
553.80 Enforcement.—
(7)(a) The governing bodies of local governments may provide a schedule
of reasonable fees, as authorized by s. 125.56(2) or s. 166.222 and this
section, for enforcing this part. These fees, and any fines or investment
earnings related to the fees, may only be used for carrying out the local
government's responsibilities in enforcing the Florida Building Code,
including, but not limited to, any process or enforcement related to obtaining
or finalising a building permit. When providing a schedule of reasonable
fees, the total estimated annual revenue derived from fees, and the fines and
investment earnings related to the fees, may not exceed the total estimated
annual costs of allowable activities. Any unexpended balances must be
carried forward to future years for allowable activities or must be refunded
at the discretion. of the local government. A local government may not carry
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Exhibit 6— F.S. Chapter 2025-1777
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Ch. 2025-177 LAWS OF FLOREDA Ch. 2025-177
forward an amount exceeding the average of its operating budget for
enforcing the Florida Building Cade for the previous 4 fiscal years. For
purposes of this subsection, the term "operating budget" does not include
reserve amounts. Any amount exceeding this limit must be used as
authorized in subparagraph 2. However, a local government that estab-
lished, as of January 1, 2019, a Building Inspections Fund Advisory Board
consisting of five members from the construction stakeholder community
and carries an unexpended balance in excess of the average of its operating
budget for the previous 4 fiscal years may continue to carry such excess
funds forward upon the recommendation of the advisory board. The basis for
a fee structure for allowable activities must relate to the level of service
provided by the local government and must include consideration for
refunding fees due to reduced services based on services provided as
prescribed by s. 553.791, but not provided by the local government. Fees
charged must be consistently applied.
1. As used in this subsection, the phrase "enforcing the Florida Building
Code" includes the direct costs and reasonable indirect costs associated with
review of building plans, building inspections, reinspections, and building
permit processing; building code enforcement; and fire inspections asso-
ciated with new construction. The phrase may also include training costs
associated with the enforcement of the Florida Building Code and enforce-
ment action pertaining to unlicensed contractor activity to the extent not
funded by other user fees.
2. A local government must use any excess funds that it is prohibited
from carrying forward to rebate and reduce fees, to upgrade technology
hardware and software systems to enhance service delivery, to pay for the
construction of a building or structure that houses a local government's
building code enforcement agency, or for training programs for building
officials, inspectors, or plans examiners associated with the enforcement of
the Florida Building Code. Excess funds used to construct such a building or
structure must be designated for such purpose by the local government and
may not be carried forward for more than 4 consecutive years. An owner or
builder who has a valid building permit issued by a local government for a
fee, or an association of owners or builders located in the state that has
members with valid building permits issued by a local government for a fee,
may bring a civil action against the local government that issued the permit
for a fee to enforce this subparagraph.
3. The following activities may not be funded with fees adopted for
enforcing the Florida Building Code:
a. Planning and zoning or other general government activities not
related to obtaining a building permit.
b. Inspections of public buildings for a reduced fee or no fee.
c. Public information requests, community functions, boards, and any
program not directly related to enforcement of the Florida Building Code.
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Exhibit 6— F.S. Chapter 2025-1777
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Ch. 2025-1 77 LAWS OF FLORIDA Ch. 2025-11 f 7
d. Enforcement and implementation of any other local ordinance,
excluding validly adopted local amendments to the Florida Building Code
and excluding any local ordinance directly related to enforcing the Florida
Building Code as defined in subparagraph 1.
4. A local government must use recognized management, accounting,
and oversight practices to ensure that fees, fines, and investment earnings
generated under this subsection are maintained and allocated or used solely
for the purposes described in subparagraph 1.
5. The local enforcement agency, independent district, or special district
may not require at any time, including at the time of application for a permit,
the payment of any additional fees, charges, or expenses associated with:
a. Providing proof of licensure under chapter 489;
b. Recording or filing a license issued under this chapter;
c. Providing, recording, or filing evidence of workers' compensation
insurance coverage as required by chapter 440, or
d. Charging surcharges or other similar fees not directly related to
enforcing the Florida Building Code.
Section 4. Effective January 1, 2026, paragraphs (g) and (h) of subsection
{6) of section 163.31801, Florida Statutes, are amended to read:
163.31801 Impact fees; short title; intent; minimum requirements;
audits; challenges.—
(6) A local government, school district, or special district may increase an
impact fee only as provided in this subsection.
(g)1. A local government, school district, or special district may increase
an impact fee rate beyond the phase -in limitations established under
paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing
the need for such increase in full compliance with the requirements of
subsection (4), provided the following criteria are met:
a.. A demonstrated -need study j ustifying any increase in excess of those
authorized in paragraph (b), paragraph (c), paragraph (d), or paragraph (e)
has been completed within the 12 months before the adoption of the impact
fee increase and expressly demonstrates the extraordinary circumstances
necessitating the need to exceed the phase -in limitations.
h,2. The local government jurisdiction has held at. least not less than two
publicly noticed workshops dedicated to the extraordinary circumstances
necessitating the need to exceed the phase -in limitations set forth in
paragraph (b), paragraph (c), paragraph (d), or paragraph (e).
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Exhibit 6— F.S. Chapter 2025-1777
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Cox. W25-1 f f LAWS OF FLOREDA Cal. 2025-1 f
., The impact fee increase ordinance is approved by at least a
unanimous two-thi vote of the governing body.
2. An impact fee increase approved under this paragraph must be
implemented in at least two but not more than four equal annual increments
beginning with the date on which the impact fee increase ordinance is
da ed.
3. A local government may not increase an impact fee rate beyond the
phase -in limitations under this paragraph if the local government has not
increased the impact fee within the past 5 years. Any year in which the local
government is prohibited from increasing an impact fee because the
iurisdiction is in a hurricane disaster area is not included in the 5-year
-period.
(h) T4ir smabseetien epeFAtesretr-3EFetiyely to jaEFaary y 202
Section 5. Paragraphs (b) and (c) of subsection (3) of section 163.3184,
Florida Statutes, are amended to read:
163.3184 Process for adoption of comprehensive plan or plan amend-
ment.—
(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
COMPREHENSIVE PLAN AMENDMENTS.—
(b)1. If a plan amend.ment or amendments....are adapted, the local
government, after the initial public hearing held pursuant to subsection
(11), shall transmit, within 10 working days after the date of adoption, the
amendment or amendments and appropriate supporting data and analyses
to the reviewing agencies. The local governing body shall also transmit a
copy of the amendments and supporting data and analyses to any other local
government or governmental agency that has filed a written request with
the governing body.
2. The reviewing agencies and any other local government or govern-
mental agency specified in subparagraph 1, may provide comments
regarding the amendment or amendments to the local government. State
agencies shall only comment on important state resources and facilities that
will be adversely impacted by the amendment if adopted. Comments
provided by state agencies shall state with specificity how the plan
amendment will adversely impact an important state resource or facility
and shall identify measures the local government may take to eliminate,
reduce, or mitigate the adverse impacts. Such comments, if not resolved,
may result in a challenge by the state land planning agency to the plan
amendment. Agencies and local governments must transmit their comments
to the affected local government such that they are received by the local
government not later than 30 days after the date on which the agency or
government received the amendment or amendments. Reviewing agencies
shall also send a copy of their comments to the state land planning agency.
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Exhibit 6— F.S. Chapter 2025-1777
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Ch. 2025-1 77 LAWS OF F ,0RIDA Ch. 2025-1 f 7
3. Comments to the local government frorn a regional planning council,
county, or municipality shall be limited as follows:
a. The regional planning council review and comments shall be limited to
adverse effects on regional resources or facilities identified in the strategic
regional policy plan and extrajurisdictional impacts that would be incon-
sistent with the comprehensive plan of any affected local government within
the region. A regional planning council may not review and comment on a
proposed comprehensive plan amendment prepared by such council unless
the plan amendment has been changed by the local government subsequent
to the preparation of the plan amendment by the regional planning council.
b. County comments shall be in the context of the relationship and effect
of the proposed plan amendments on the county plan.
c. Municipal comments shall be in the context of the relationship and
effect of the proposed plan amendments on the municipal plan.
d. Military installation comments shall be provided in accordance with s.
163.3175.
4. Comments to the local government from state agencies shall be
limited to the following subjects as they relate to important state resources
and facilities that will be adversely impacted by the amendment if adopted:
a. The Department of Environmental Protection shall limit its comments
to the subjects of air and water pollution; wetlands and other surface waters
of the state; federal and state-owned lands and interest in lands, including
state parks, greenways and trails, and conservation easements; Solid waste;
water and wastewater treatment; and the Everglades ecosystem restoration.
b. The Department of State shall limit its comments to the subjects of
historic and archaeological resources.
c. The Department of Transportation shall limit its comments to issues
within the agency's jurisdiction as it relates to transportation resources and
facilities of state importance.
d. The Fish and Wildlife Conservation Commission shall limit its
comments to subjects relating to fish and wildlife habitat and listed species
and their habitat.
e. The Department of Agriculture and Consumer Services shall Iimit its
comments to the subjects of agriculture, forestry, and aquaculture issues.
f. The Department of Education shall limit its comments to the subject of
public school facilities.
g. The appropriate water management district shall limit its comments
to flood protection and floodplain management, wetlands and other surface
waters, and regional water supply.
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Exhibit 6— F.S. Chapter 2025-1777
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Ch. 2025-1f f LAWS OF FLORIDA Cal. 2025-1 f
h. The state land planning agency shall limit its comments to important
state resources and facilities outside the jurisdiction of other commenting
state agencies and may include comments on countervailing planning
policies and objectives served by the plan amendment that should be
balanced against potential adverse impacts to important state resources and
facilities.
[01. The local government shall hold a second public hearing, which
shall be a hearing on whether to adopt one or mare comprehensive plan
amendments pursuant to subsection (11). If the local government fails,
within 180 days after receipt of agency comments, to hold the second public
hearing, , the amend-
ments are deemed withdrawn unless extended by agreement with notice to
the state land planning agency and any affected person that provided
comments on the amendment. If the amendments are not adopted at the
second public hearing, the amendments shall be formally adopted by the
local government within 180 days after the second public hearing is held or
the amendments are deemed withdrawn The 180 d", lifnitatio doer, not
apply to amendments a
�eessantto--s. 380.0 �.
2. All comprehensive plan amendments adopted by the governing body,
along with the supporting data and analysis, shall be transmitted within 30
1-9 working days after the final adoption hearing to the state land planning
agency and any other agency or local government that provided timely
comments under subparagraph (b)2. If the local government fails to transmit
the comprehensive plan amendments within 30 -10 working days after the
final adoption hearing. the amendments are deemed withdrawn.
3. The state land planning agency shall notify the local government of
any deficiencies within 5 working days after receipt of an amendment
package. For purposes of completeness, an amendment shall be deemed
complete if it contains a full, executed copy of:
a. The adoption ordinance or ordinances;
b. In the case of a text amendment, the amended language in legislative
format with new words inserted in the text underlined, and words deleted
stricken with hyphens;
c. In the case of future land use map amendment, the future land use
map clearly depicting the parcel, its existing future land use designation,
and its adopted designation; and
d. Any data and analyses the local government deems appropriate.
4. An amendment adopted under this paragraph does not became
effective until 31 days after the state land planning agency notifies the
local government that the plan amendment package is complete. If timely
challenged, an amendment does not become effective until the state land
9
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c,s
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Exhibit 6— F.S. Chapter 2025-1777
DRAFTText underlined is new text to be added
Text strikethro .nh is current text to be deleted
Ch. 2025-1 77 LAWS OF F ,0RIDA Ch. i 025-1 f 7
planning agency or the Administration Commission enters a final order
determining the adopted amendment to be in compliance,
Section 6. Section 166.033, Florida Statutes, is amended to read:
166.033 Development permits and orders.—
(1) A municipality shall specify in writing the minimum information that
must be submitted for an application for a zoning approval, rezoning
approval, subdivision approval, certification, special exception, or variance.
A municipality shall make the minimum infarmation_ayailable for inspec-
tion and copying at the location where the municipality receives applications
for development permits and orders, provide the information to the
applicant at a preapplication meeting. or post the information on the
municipality's wel}site.
(2) Within 5 business days after receiving an application for approval of a
development permit or development order, a municipality shall confirm
receipt of the application using contact information provided by the
ailpltcant. Within 30 days after receiving an application for approval of a
development permit or development order, a municipality must review the
application for completeness and issue a written notification to the applicant
' indicating that all required information is submitted or s eci in
w-ritin speeif�dng with particularity any areas that are deficient. If the
application is deficient, the applicant has 30 days to address the deficiencies
by submitting the required additional information. For applications that do
not require final action through a quasi-judicial hearing or a public bearing,
the municipality must approve, approy-g-_,yith conditions,.., ar.. deny the
app'ci atson for a development permit. development order within 120
days after the municipality has deemed the application complete„ or 180
ire For applications that require final action through a quasi-judicial
hearing or a public hearing, the municipality must approve, approve with
conditions, or deny the application for a development permit or development
order within 180 days after the municipality has deemed the application
complete. Both parties may agree in writing or in a public meeting or hearing
to ^ reasonable request fo an extension of time, particularly in the event of a
force ma,jeure or other extraordinary circumstance, An approval, approval
with conditions, or denial of the application for a development permit or
development order must include written findings supporting the munici-
pality's decision. The timeframes contained in this subsection do not apply in
an area of critical state concern, as designated in s. 380.0552 or chapter 28-
36, Florida Administrative Code. The timefraures contained in this subsec-
tion restart if an applicant makes a substantive change to the application. As
v ac) in this subsection, the term "substantive change" means an appl'
initizt&change of 15 percent or more in the proposed d erL*ikyjntendLyu
square footage of a parcel.
When reviewing an application for a development permit or
development order that is certified by a professional listed in s. 403.0877, a
10
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Development Order Process and Timeframes LDCA 9-08-25 DSAC-LDR - yellow highlights.docx
Exhibit 6— F.S. Chapter 2025-1777
DRAFTText underlined is new text to be added
Text strikethro unh is current text to be deleted
Ch. 2025-1 f f LAWS OF FLORIDA Ch. 2025-177
municipality may not request additional information from the applicant
more than three times, unless the applicant waives the limitation in writing.
(b) If a municipality makes a request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the municipality must review the application for
completeness and issue a letter indicating that all required information has
been submitted or specify with particularity any areas that are deficient
within 30 days after receiving the additional information.
(c) If a municipality makes a second request for additional information
and the applicant submits the required additional information within 30
days after receiving the request, the municipality must review the applica-
tion for completeness and issue a letter indicating that all required
information has been submitted or specify with particularity any areas
that are deficient within 10 days after receiving the additional information.
(d) Before a third request for additional information, the applicant must
be offered a meeting to attempt to resolve outstanding issues, If a
municipality Snakes a third request for additional information and the
applicant submits the required additional information within 30 days after
receiving the request, the municipality must deem the application complete
within la days after receiving the additional information or proceed to
process the application for approval or denial unless the applicant waived
the municipality's limitation in writing as described in paragraph (a).
(e) Except as provided in subsection M (&), if the applicant believes the
request for additional information is not authorized by ordinance, rule,
statute, or other legal authority, the municipality, at the applicant's request,
shall proceed to process the application for approval or denial.
(4) A municipality must issue a refund to an applicant equal to:
(a) Ten percent of the application fee if the municipality fails to issue
written notification of completeness or written specification of .areas. of
deficiency within 30 days after receiving the application.
(b) Ten percent of the application fee if the municipality fails to issue
written notification of completeness Qr writteu_specifncation .,..QL_areas of
deficiency within 30 days after receiving the additional information
pursuant to paragraph (3)(b7,
(c) Twenty -percent of the application fee if the municipality fails to issue
written notification of completeness or written specification of areas of
deficiency ,Within 10 days after _r_QWjy ng the additional information
pursuant to paragraph (3)(c).
(d) Fifty percent of the application fee if the municipality fails to
anorove, approves with conditions, or denies the application within 30
days after conclusion of the 120-day or 180-day timeframe specified in
subsection (2).
11
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25
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Exhibit 6— F.S. Chapter 2025-1777
DRAFTText underlined is new text to be added
Text strikethro unh is current text to be deleted
Ch. 2025-1 77 LAWS OF F ,0RIDA Ch. 2025-1 f 7
(e) One hundred percent Qf the application fee if the municipality fails to
approve, approves with conditions, or denies an application 31 days or more
after conclusion of the 120-day or 180-day timeframe specified in subsection
(2).1
A municipality is not required to issue a refund if the applicant and the
municipality agree to an extension of time. the ,_&lay is caused 6y the
applicant,.. pr the delay jl..atls�ble_ tg fn� a majeu.>te ar ,ether
extraordinary circumstance.
l51(3} When a municipality denies an application for a development
permit or development order, the municipality shall give written notice to
the applicant. The notice must include a citation to the applicable portions of
an ordinance, rule, statute, or other legal authority for the denial of the
permit or order.
(61(4) As used in this section, the terms "development permit" and
"development order" have the same meaning as in s. 163.3164, but do not
include }wilding permits.
(7) For any development permit application filed with the munici-
pality after July 1, 2012, a municipality may not require as a condition of
processing or issuing a development pexrnit or development order that an
applicant obtain a permit or approval from any state or federal agency
unless the agency has issued a final agency action that denies the federal or
state permit before the municipal action on the local development permit.
(SX6) Issuance of a development permit or development order by a
municipality does not create any right on the part of an applicant to obtain a
permit from a state or federal agency and does not create any liability on the
part of the municipality for issuance of the permit if the applicant fails to
obtain requisite approvals or fulfill the obligations imposed by a state or
federal agency or undertakes actions that result in a violation of state or
federal law. A municipality shall attach such a disclaimer to the issuance of
development permits and shall include a permit condition that all other
applicable state or federal permits be obtained before commencement of the
development.
Mx} This section does not prohibit a municipality from providing
information to an applicant regarding what other state or federal permits
may apply.
Section 7. Except as otherwise expressly provided in this act, this act
shall take effect October 1, 2025.
Approved by the Governor June 24, 2025.
Filed in Office Secretary of State June 24, 2025.
12
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Processing Time Frames
Pursuant to F. S. 125.022 Development Permits and Orders
" A County must specify in writing the minimum information to be submitted in an
application for a zoning, rezoning, or subdivision approval, certification, special exception, or
variance. The County shall make the minimum information available, .... at the location
where the county receives the application for development permits and orders, provide the
information to the applicant at a pre -application meeting or post the information on the
county's website."
Within 5 business days after receiving the application, the county shall confirm receipt of the
application and within 30 days after receiving the application, the county must review the
application for completeness and issue written notification indicating that all required
I
information is submitted or specify any areas of deficiency.
N
Applicant's County Issues a Letter of Response
T
If County Requests Additional Submittal to Applicant's Response that all
A
Information Response Information has been Submitted or
K
Specify Areas of Deficiency)
E
1 st Request Letter within 30 days
Within 30 days
2nd Request Letter within 10 days
Before 3rd Request by County for Additional Information
Applicant must be offered a meeting to resolve outstanding issues.
If there is a 3rd Request for
Within 10 days, information must be
additional information, applicant
deemed complete or proceed to
must waive time limits in writing.
Within 30 days
process the application for approval
or denial, unless the applicant waives
the time limits
• Within 120 days, if applications do not require a quasi-judicial or public hearing, the
county must approve, approve with conditions, or deny the application.
R
• Within 180 days, for applications that do require a quasi-judicial or public hearing, the
E
county must approve, approve with conditions, or deny the application.
V
1
• Both the county and applicant may agree in writing or in a public meeting or hearing
E
to an extension of time , in the event of a force majeure (due to causes outside of the
W
control of the county and applicant) or other extraordinary circumstance.
Additional County requirement: An application remains under review, so long as a
resubmittal in response to the County's rejection comments are received within 270 days.
Otherwise, the application is withdrawn and cancelled.
Richard Henderlong
From: Jeffrey S Curl <jcurl@emergedesign.biz>
Sent: Tuesday, September 16, 2025 8:38 AM
To: Eric Johnson; Richard Henderlong; Angela Galiano
Subject: DSAC-LDR
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Good morning,
I have some funky bug that I'd rather not bring into the building, nor today's meeting...
• As a quick aside: I cannot help but laugh at the irony of a TDR credit for the
eradication and control of exotics, in light our of our last meeting / proposed
relaxation of exotics in the Estates...
• My only comments for today [RFMUD LDCA], and they maybe more q/a than
comments, are on the buffers' suggested language vs base code, D buffers:
1. Trees, 12' (not 10) high and palms cannot be used to satisfy 'd' buffers (vs palms
allowed to use for code trees up to 30% of the required trees) - WHY the change along
a roadway?
2. Shrubs, no change
3. Groundcover requirements: first, why? Second, as stated folks will just do a 3' "line" - IF
the intent is a 3to 5AVERAGE width, I would state that.
For B buffers [that I believe impact the 'public' more than roadway travelers at high speeds],
a 6 story building next to existing SF (think their back yard), should certainly consider taller
trees (12' x 5' spread / width vs. 10' x 4', base code) with the base code 5' hedge/6'
maintained to ameliorate new height impacts to neighbors.......
Thank you and that's what I would offer to other committee members this afternoon.
I apologize for the late notice,
Jeff
Jeffrey S. Curl ASLA CLARB President
eMERGE design LLC
239.272.7933 emergedesign.biz
1
Attendance Roster — Date: September 16, 2025
DSAC — Land Development Review Subcommittee
**Must have (3) members for a quorum**
Committee Members
Name
Signature
Clay Brooker:
Blair Foley:
Robert Mulhere: Excused
"7
Mark McLean:
Jeffrey Curl: Excused
Staff Members
Mike Bosi, Planning and Zoning Division Director,
GMCD
Present
Eric Johnson, LDC Planning Manager, GMCD
a HA4--'
Richard Henderlong, Planner III, GMCDA�"'
7
Angela Galiano, Planner ll, GMCD
Heather Cartwright-Yilmaz,
Management Analyst/Liaison, GMCD
Present
Lisa Blacklidge, Manager, GMCD
Present
Michele Mosca, Planner III, GMCD
Present
Attendance Roster— Date: September 16, 2025
DSAC — Land Development Review Subcommittee
Public Sign -in Sheet
Please Print
NAME REPRESENTING PHONE NO.
Collier County Government
Communications, Government & Public Affairs
3299 Tamiami Trail E., Suite 102
Naples, Florida 34112-5746
August 21, 2025
FOR IMMEDIATE RELEASE
Notice of Public Meeting
Development Services Advisory Committee
Land Development Review Subcommittee
Collier County, Florida
September 16, 2025
3:00 p.m.
f.m'.'o
Notice is hereby given that the Collier County Development Services Advisory Committee - Land
Development Review Subcommittee (DSAC-LDR) will meet on Tuesday, September 16, 2025, at 3:00
p.m. in Conference Room 609/610 of the Growth Management Community Development Department
building, 2800 N. Horseshoe Drive, Naples, Florida.
Individuals who would like to participate in person must complete and submit a speaker form prior to the
beginning of the discussion about the item.
About the public meeting:
Two or more members of the Board of County Commissioners may be present and may participate in the
meeting. The subject matter of this meeting may be an item for discussion and action at a future Board of
County Commissioners meeting.
All interested parties are invited to attend, and to register to speak. All registered public speakers will be
limited to three minutes unless permission for additional time is granted by the chairman.
Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying
activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board
or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department.
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable
accommodations in order to participate in this proceeding, should contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-
8380 as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable
accommodations will be provided at no cost to the individual.
For more information, call Eric Johnson at (239) 252-2931.
01.11i