Agenda 11/10/2025 Item #16A10 (Advertise and bring back for a public hearing, an Ordinance amending the Land Development Code for plat and replat submittals through an Administrative Official.)11/10/2025
Item # 16.A.10
ID# 2025-4230
Executive Summary
Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land
Development Code, to update the administrative review and approval process for plat and replat submittals through an
Administrative Official. [PL20250007882]
OBJECTIVE: To have the Board of County Commissioners direct staff to advertise and bring back for a public
hearing, an Ordinance amending the Land Development Code (LDC), to update the administrative review and approval
process for plat and replat submittals through an Administrative Official.
CONSIDERATIONS: On June 20, 2025, the Governor amended F.S. 177.071, which became effective on July 1, 2025.
The statute requires local governments to review and approve plat and replat submittals administratively through a
“designated authority” and provides parameters for the administrative review process. The term “administrative
authority” is defined as “…a department, division, or other agency of the county or municipality. For the purposes of
issuing a final administrative approval of a plat or replat submittal, the term also includes an administrative officer or
employee designated by the governing body of a county or municipality, including but not limited to, a county
administrator or manager, …, a deputy county administrator or manager, …, an assistance county administrator or
manager, … or other high ranking county department or, …or, division director with direct or indirect oversight
responsibility for the county’s or municipality’s land development, housing, utilities, or public works programs.”
On July 8, 2025, the Board of County Commissioners (Board) adopted Resolution No. 2025-131 designating the
Development Review Division within the Growth Management Community Development Department as the
“Administrative Authority” to review and process plat or replat submittals pursuant to F.S.177.01 (1) (a). On behalf of
the Board on or after July 1, 2025, as an “Administrative Official”, the County Manager, Deputy County Manager,
Community Development Department Head, Development Review Director and/or Zoning Division Director are each
delegated authority to approve administratively, approve with conditions, or deny subdivision plats or replats and to
execute the plat/replat and the Construction and Maintenance Agreement.
To comply with F.S. 177, this amendment implements updates to the LDC and has a companion administrative code
amendment.
Development Services Advisory Committee (DSAC) Recommendation:
On September 04, 2025, DSAC recommended unanimous approval with text changes requested by the CAO. The
changes have been incorporated.
Collier County Planning Commission (CCPC) Recommendation:
On October 16, 2025, the CCPC recommended unanimous approval of the LDC amendment without conditions.
This item is consistent with the Collier County strategic plan objective to implement prudent and inclusive policy
development through effective planning for transportation, land use, and growth management.
This will be advertised under the Collier Legal Notices section of the Collier County Clerk of Courts website. Collier
Legal Notices.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for direction
to advertise. — HFAC
RECOMMENDATION(S): To direct staff to advertise and bring back for a public hearing, an Ordinance amending the
Land Development Code to update the administrative review and approval process for plat and replat submittals through
an Administrative Official.
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11/10/2025
Item # 16.A.10
ID# 2025-4230
PREPARED BY: Richard Henderlong, Planner III, Zoning Division
ATTACHMENTS:
1. PL20250007882 Administrative Plat Approval 10-17-25 BCC
2. LDCA Ordinance (Administrative Approval)
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250007882
SUMMARY OF AMENDMENT
This amendment updates and allows the administrative review and approval
of plat and replat submittals through a designated authority (County Manager
or designee) in accordance with F.S. 177.071 Approval of Plat by Governing
Bodies. LDC amendments are reviewed by the Board of County
Commissioners (Board), Collier County Planning Commission (CCPC),
Development Services Advisory Committee (DSAC), and the Land
Development Review Subcommittee of the DSAC (DSAC-LDR).
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATES LDC SECTION TO BE AMENDED
Board 12/09/25 1.08.02
4.03.02
10.02.04
10.02.05
Appendix A
Appendix C
Definitions
Applicability
Requirements for Subdivision Plats
Construction, Approval, and Acceptance of Required
Improvements
STANDARD PERFORMANCE SECURITY DOCUMENTS
FOR REQUIRED IMPROVEMENTS
FINAL SUBDIVISON PLAT, REQUIRE
CERTIFICATIONS AND SUGGESTED TEXT AND
FORMATS FOR OTHER REQUIRED INFORMATION
CCPC 10/16/25
DSAC 9/04/25
DSAC-LDR 8/19/25
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval with change
CCPC
Approval
BACKGROUND
F.S. 177.071 was amended, approved by the Governor on June 20,2025 and became effective law on July 1, 2025
(See Exhibit B). It requires local governments to review and approve plat and replat submittals administratively
through a “designated authority” and provides parameters on the administrative review process. The term
“administrative authority” is defined as “…a department, division, or other agency of the county or municipality.
For the purposes of issuing a final administrative approval of a plat or replat submittal, the term also includes an
administrative officer or employee designated by the governing body of a county or municipality, including but
not limited to, a county administrator or manager, …, a deputy county administrator or manager, …, an assistance
county administrator or manager, … or other high ranking county department or, …or, division director with
direct or indirect oversight responsibility for the county’s or municipality’s land development, housing, utilities,
or public works programs.”
On July 8, 2025, the Board of County Commissioners (Board) adopted Resolution No. 2025-131 designating the
Development Review Division within the Growth Management Community Development Department as the
“Administrative Authority” to review and process plat or replat submittals pursuant to F.S.177.01 (1) (a) (See
Exhibit C). On behalf of the Board, on or after July 1, 2025, as an “Administrative Official”, the County Manager,
Deputy County Manager, Community Development Department Head, Development Review Director and/or
Zoning Division Director are each delegated authority to administratively approve, approve with conditions, or
deny subdivision plats or replats and to execute the plat/replat and the Construction and Maintenance
Agreement.
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The proposed LDC sections, have been identified and submitted by staff to state the “Administrative Official”
shall be the authorized authority to sign plats and/replats, and Construction and Maintenance Agreements. To
comply with F.S. 177, this amendment implements updates to the LDC.
Under the law, the designated authority must provide written notice in response to a submittal within seven days
acknowledging receipt, identifying missing documents or information required to process the plat or replat
submittal, and provide information regarding the approval process including requirements and timeframes. Unless
an applicant requests an extension, the designated authority must approve, approve with conditions, or deny the
submittal within the timeframe in the initial written notice. Pursuant to the legislation, the designated authority
may not request or require an extension of time. A denial must provide an explanation of why the submittal was
denied, specifically citing any unmet requirements.
Plats or replats submittals filed prior to June 30, 2025 will be approved by the Board and, for submittals, thereafter,
approved by the Administrative Official.
A companion administrative code amendment is required to update Chapter 5-Subdivision Procedures related to
the decision maker for plats, replats, construction and maintenance agreements. (See Exhibit A).
DSAC-LDR Subcommittee Recommendation: On August 19, 2025, the DSAC-LDR Subcommittee recommended
unanimous approval of the LDC amendment without conditions.
DSAC Recommendation: On September 04, 2025, DSAC recommended unanimous approval with text changes
requested by the CAO. The changes have been incorporated.
CCPC Recommendation: On October 16, 2025, the CCPC recommended unanimous approval of the LDC
amendment without conditions.
FISCAL & OPERATIONAL IMPACTS
There are no fiscal impacts to the County
associated with this amendment other than
the cost of recording fees that are at the
expense of an applicant/developer.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
the Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Administrative Code Amendments B) F.S.Chapter 2025-164 C) Resolution 2025-131
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Amend the LDC as follows:
1
1.08.02 – Definitions 2
3
* * * * * * * * * * * * * 4
5
Adjacent: To share a common property line or boundary, or to be separated by a public right-of-6
way, easement, or water body. 7
8
Administrative Official: The person delegated authority to approve, approve with conditions, or 9
deny subdivisions plans or replats on behalf of the Board of County Commissioners, including 10
the County Manager, Deputy County Manager, Growth Management Community Development 11
Department Head, Development Review Director and/or Zoning Director, as authorized in 12
Resolution 2025-131. 13
14
Adult day care center: A facility that provides temporary care on a daily basis for adults, whether 15
for compensation or not, and without overnight accommodations. 16
17
* * * * * * * * * * * * * 18
# # # # # # # # # # # # # 19
20
4.03.02 - Applicability 21
22
It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by 23
reference to, exhibition of, or other use of, a plat of a subdivision of such land without having 24
submitted a final subdivision plat of such land for approval to the BCC Administrative Official 25
required by this section and without having recorded the approved final subdivision plat as 26
required by this section. Any division of land meeting the definition of subdivision which is not 27
otherwise exempt by this section shall require the filing of a subdivision plat in accordance with 28
the requirements of LDC section 10.02.04 of this Code. 29
30
# # # # # # # # # # # # # 31
32
10.02.04 - Requirements for Subdivision Plats 33
34
This section shall be read in conjunction with subdivision design standards, in particular, LDC 35
Chapters 3, 4, and 6. 36
37
* * * * * * * * * * * * * 38
39
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final 40
subdivision plats are commonly referred to as "plans and plat." 41
42
1. Generally. Final subdivision plat approval by the Board of County Commissioners 43
Administrative Official is required before a final subdivision plat can be recorded. 44
45
a. No final subdivision plat shall be approved by the Board Administrative 46
Official until the construction plans have been reviewed and accepted by 47
the County Manager or designee, except for a minor final subdivision plat 48
pursuant to LDC section 10.02.04 D. 49
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1
b. The review and approval of construction plans does not authorize the 2
construction of required improvements which are inconsistent with existing 3
easement(s) of record. 4
5
c. The required improvements shall be completed prior to recordation of the 6
final subdivision plat unless the applicant files a subdivision performance 7
security as identified in LDC section 10.02.04 F with the County. 8
9
d. Where approval of construction plans and final subdivision plats will lead to 10
the level of service for any public facility being reduced below the level 11
established by the growth management plan for Collier County, the County 12
shall deny approval to proceed with development until the requirements of 13
LDC section 10.02.07 have been met. 14
15
* * * * * * * * * * * * * 16
17
3. County Manager review of construction plans and final subdivision plats. 18
19
a. The County Manager or designee shall preliminarily review and evaluate 20
the construction plans and final subdivision plat in conformance with the 21
LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177. 22
The County Manager or designee shall review and evaluate the 23
construction plans and final subdivision plat in light of the requirements 24
established in the LDC and Administrative Code and provide written notice 25
to the applicant acknowledging receipt. Based on the review and 26
evaluation, the County Manager or designee shall approve, approve with 27
conditions, or deny the construction plans and final subdivision plat. If the 28
construction plans and final subdivision plat is denied, then the final 29
subdivision plat shall not be submitted to the Board until the construction 30
plans and final subdivision plat have been approved or approved with 31
conditions by the County Manager or designee. The approval of the County 32
Manager or designee is subject to Board approval, noted below. 33
34
b. If the constructions plans and final subdivision plat are approved or 35
approved with conditions by the County Manager or designee, the County 36
Manager or designee shall recommend that the Board approve, approve 37
with conditions, or deny the final subdivision plat. If the County Manager or 38
designee denies or places conditions on the construction plans or 39
recommends denial or conditions on the final subdivision plat, he shall state 40
reasons and cite the applicable code or regulatory basis for the decision. 41
42
c. Once the construction plans and final subdivision plats are submitted by 43
the applicant for review by the County Manager or designee, they will 44
remain under review so long as a resubmittal in response to a county 45
reviewer's comments is received within 270 days of the date on which the 46
comments were sent to the applicant, or until the time frames specified in 47
F.S. 125.022. If a waiver of time limits is submitted and a response is not 48
received within this time, the application for construction plans and final 49
subdivision plat review will be considered withdrawn and cancelled. If there 50
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is no waiver of time limits submitted, and the applicant exceeds the time 1
limits specified in F.S. 125.022, the application will be considered denied. 2
Further review of the project will require a new application and the 3
appropriate fees paid by the applicant. 4
5
* * * * * * * * * * * * * 6
7
4. Board Administrative approval of the final subdivision plat. 8
9
a. Following preliminary approval or approval with conditions by the County 10
Manager or designee, the County Manager or designee shall place the final 11
subdivision plat on the consent agenda for its next available regularly 12
scheduled Board hearing. Tthe Board Administrative Official shall consider 13
approval of the final subdivision plat together with the approval of standard 14
form, Construction Maintenance Agreement, and approval of the amount 15
of performance security for the required improvements based on the 16
estimate of probable cost. 17
18
b. If all members of the Board consent to the recommendation of the County 19
Manager or designee, then the recommendation of the County Manager or 20
designee on the final subdivision plat shall remain on the consent agenda 21
and the final subdivision plat shall be approved. If any member of the Board 22
objects to the recommendation of the County Manager or designee or 23
otherwise requests discussion on the recommendation, then the 24
recommendation shall be taken off the consent agenda and may be 25
discussed or scheduled for a subsequent hearing date. After due notice of 26
the hearing to the applicant, the Board shall hold a hearing on the final 27
subdivision plat. At the hearing, the Board shall consider the County 28
Manager or designee's recommendation and shall take evidence and 29
testimony in regard to the final subdivision plat requirements identified in 30
LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC. 31
The Board shall approve, approve with conditions, or deny the final 32
subdivision plat. If the Board denies or places conditions on the final 33
subdivision plat, it shall state reasons for such denial or conditions. 34
35
cb. Approval of the final subdivision plat shall not constitute acceptance of 36
public dedicated facilities. Acceptance of any such dedicated public 37
facilities and responsibility for their maintenance shall be by separate 38
resolution of the Board of County Commissioners. See LDC section 39
10.02.05 C.3. 40
41
d.c. After Board administrative approval of the final subdivision plat by the 42
Administrative Official, building permits may be issued for a percentage of 43
planned homes in accordance with the Florida Building Code and pursuant 44
to F.S. 177.073. Subdivision performance security shall be in accordance 45
with LDC section 10.02.04 F 2.b.i., and the construction and maintenance 46
agreement shall be in accordance with LDC section 10.02.04.F.3.e when 47
utilizing F.S. 177.073. 48
49
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5. Insubstantial changes and amendments to construction plans and final subdivision 1
plats. 2
3
a. Insubstantial Changes to Construction Plans (ICP). Following approval by 4
the County Manager or designee of the construction plans, the applicant 5
may request insubstantial changes to the construction plans. 6
7
i. Application. The Administrative Code shall establish the process 8
and the submittal requirements for an insubstantial change to the 9
construction plans. Construction plans shall be prepared pursuant 10
to LDC section 10.02.04 B. 11
12
b. Following approval by the Board Administrative Official of the final 13
subdivision plat, but prior to recordation, the County Manager or designee 14
may approve minor insubstantial changes to the final subdivision plat. 15
Insubstantial changes are insignificant to the project, such as a correction 16
or change on the cover sheet. 17
18
c. Following approval by the Board Administrative Official of the final 19
subdivision plat, but prior to recordation, the Board Administrative Official 20
may approve amendments to the final subdivision plat. This is commonly 21
referred to as a "PPLA". 22
23
i. Application. The Administrative Code shall establish the process 24
and the submittal requirements for the final subdivision plat 25
amendment. The final subdivision plat shall be prepared pursuant 26
to LDC section 10.02.04 B. 27
28
* * * * * * * * * * * * * 29
30
7. Timing of recording and development. 31
32
a. Recording. Within 18 months of the date of approval of the final subdivision 33
plat by the Board Administrative Official, the applicant shall submit the final 34
subdivision plat to the County Manager or designee for recording. 35
36
b. Required improvements to be completed. The improvements required for 37
the final subdivision plat shall be completed within 18 months from the date 38
of approval by the Board Administrative Official unless a written extension 39
request is approved by the County Manager or designee. 40
41
c. Integrated phased development. Each subsequent phase of the project 42
shall be submitted within 2 two years following the date of written approval 43
of the most recently approved final subdivision plat in accordance with LDC 44
section 10.02.04 A.6. 45
46
* * * * * * * * * * * * * 47
48
F. Recordation of the Final Subdivision Plat. 49
50
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1. Generally. No building permits for habitable structures shall be issued prior to 1
approval by the Board of County Commissioners Administrative Official and 2
recordation of the final subdivision plat, except as provided in LDC section 5.04.04, 3
LDC section 10.02.04 B.6., and LDC section 10.02.04 B.4.d c., as applicable. 4
5
2. Posting of subdivision performance security at the time of recording, or at Board 6
Administrative Official approval when utilizing F.S. 177.073. 7
8
a. The final subdivision plat shall not be recorded until a subdivision 9
performance security for the construction of the required improvements, 10
both on-site and off-site, has been posted by the applicant and approved 11
and accepted by the County Manager or designee on behalf of the Board. 12
13
b. The applicant's professional engineer shall prepare an opinion of the 14
probable construction cost or the actual contractor's bid price, which 15
includes the cost of all required improvements, to determine the amount of 16
the subdivision performance security. 17
18
i. If no construction of the required improvements has begun at the 19
time of posting of the subdivision performance security, the security 20
shall be an amount equal to 110 percent of the sum of construction 21
costs for all on-site and off-site required improvements based on 22
the applicant's professional engineer's opinion of the probable 23
construction costs or contract bid price. 24
25
ii. If construction of the required improvements has begun at the time 26
of posting the subdivision performance security, the security shall 27
be in an amount equal to 10 percent of the applicant's professional 28
engineer's opinion of the probable construction cost or contract bid 29
price, plus 100 percent of the required improvements to be 30
completed, such as the final lift of asphalt and uncompleted 31
sidewalks. 32
33
iii. If construction of all required improvements has been completed 34
and accepted by the Board at the time of recording, only a 35
performance maintenance guarantee at an amount equal to 10 36
percent of the applicant's professional engineer's opinion of the 37
probable construction cost or contract bid price shall be provided. 38
39
iv. No subdivision performance security shall be required where 40
improvements are to be constructed by a general-purpose 41
government such as a county or municipality, a local school district, 42
or state agency. A subdivision performance security shall be 43
required of an independent special-purpose government such as a 44
community development district (CDD). 45
46
c. The subdivision performance security shall be prepared pursuant to 47
Appendix A of the LDC and shall be one of the following forms: 48
49
i. Construction, maintenance, and escrow agreement, or 50
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ii. Construction Maintenance Agreement and one of the 2
following: 3
4
a) Cash deposit agreement with the County, or 5
6
b) Irrevocable standby letter of credit, or 7
8
c) Surety bond. 9
10
d. Once the form of a subdivision performance security has been approved 11
and accepted by the Board, alternate securities, in a format approved by 12
the County Attorney, may be approved by the County Manager or 13
designee, on behalf of the Board. 14
15
3. Recordation Procedure. After approval of the final subdivision plat by the Board 16
Administrative Official prior to the recording of the final subdivision plat with the 17
clerk of the circuit court, the following shall occur: 18
19
* * * * * * * * * * * * * 20
21
e. Construction and Maintenance Agreement. The applicant shall enter into a 22
construction and maintenance agreement with the County, in a form 23
acceptable to the County Attorney, which establishes the terms and 24
conditions for the construction and maintenance of the improvements 25
required during the 18-month construction period or a time frame 26
established in an approved extension request by the County Manager or 27
designee. This agreement shall be submitted with the final subdivision plat 28
for review and approval and shall be executed by all parties at the time of 29
Board Administrative Official approval, if building permits are issued when 30
utilizing F.S. 177.073, or at the time of recording the final plat. 31
32
* * * * * * * * * * * * * 33
34
g. Supporting "gap" title information. Within 60 days of recordation of the 35
final subdivision plat in the official records of Collier County, Florida, 36
the applicant, at no expense to the County, shall submit to the County 37
Manager or designee final supporting "gap" title information. The final 38
supporting title information must meet all of the requirements of LDC 39
section 10.02.04 F.3.c, except as to the effective date. Receipt and 40
approval of the "gap" title information is a condition precedent to preliminary 41
acceptance of subdivision improvements by the Board Administrative 42
Official. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
47
10.02.05 - Construction, Approval, and Acceptance of Required Improvements 48
49
* * * * * * * * * * * * * 50
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1
C. Final Acceptance of the Required Subdivision Improvements by the Board of County 2
Commissioners. 3
4
1. Generally. The Board may provide final acceptance, by resolution, of the 5
improvements subject to the following: 6
7
a. Following the 1 one-year minimum maintenance period as required by 8
preliminary acceptance by the County Engineer or designee; and 9
10
b. Following satisfactory completion of the preliminary acceptance 11
inspections by the County Engineer or designee; and 12
13
c. At the request of the applicant, after a final inspection by the County 14
Engineer or designee. 15
16
2. Timing. All of the required improvements shall receive final acceptance by the 17
Board within 36 months from the date of the original Board administrative approval 18
of the final subdivision plat, unless extended by the County Manager or designee, 19
the Board, or general law. 20
21
a. The developer may request two-year extensions for completion and 22
acceptance of the required improvements. A maximum of 2 two extensions 23
may be granted by the County Manager or designee. Each request should 24
provide written justification for the extension. 25
26
* * * * * * * * * * * * * 27
# # # # # # # # # # # # # 28
29
APPENDIX A 30
STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED 31
IMPROVEMENTS 32
* * * * * * * * * * * * * 33
Appendix A consists of the following specimen forms: 34
35
A.1 Subdivision Improvements 36
37
* * * * * * * * * * * * * 38
39
c. The Construction, Maintenance and Escrow Agreement for Subdivision 40
Improvements shall be substantially as follows: 41
42
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR 43
SUBDIVISION IMPROVEMENTS 44
45
THIS AGREEMENT entered into this ___ day of _________, 20___ by (description of entity) 46
(hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 47
COUNTY, FLORIDA, (hereinafter "The Board") and _________ (hereinafter "Lender"). 48
49
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RECITALS: 1
2
A. Developer has, simultaneously with the delivery of this Agreement, applied for the 3
approval by the Board of a certain plat of a subdivision to be known as: _______. 4
5
B. The subdivision will include certain improvements which are required by Collier 6
County ordinances, as set forth in a site construction cost estimate ("Estimate") 7
prepared by ______, a copy of which is attached hereto and incorporated herein 8
as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are 9
limited to those described in the Estimate. 10
11
C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division 12
of the Unified Land Development Code requires the Developer to provide 13
appropriate guarantees for the construction and maintenance of the Required 14
Improvements. 15
16
D. Lender has entered into a construction loan agreement with Developer dated 17
_______, Account No.______ (the "Construction Loan") to fund the cost of the 18
Required Improvements. 19
20
E. Developer and the Board have acknowledged that the amount Developer is 21
required to guarantee pursuant to this Agreement is $_______, and this amount 22
represents 110% of the Developer's engineer's estimate of the construction costs 23
for the Required Improvements. 24
25
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 26
hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as 27
follows: 28
29
1. Developer will cause the water, sewer, roads, drainage and like facilities, the 30
Required Improvements, to be constructed pursuant to specifications that have 31
been approved by the County Manager or his designee within _______ months 32
from the date of approval of said subdivision plat. 33
34
2. Developer hereby authorizes Lender to hold $_______ from the Construction 35
Loan, in escrow, pursuant to the terms of this Agreement. 36
37
3 Lender agrees to hold in escrow $_______ from the Construction Loan, to be 38
disbursed only pursuant to this Agreement. Lender acknowledges that this 39
Agreement shall not constitute a draw against the Construction Loan fund, but that 40
only such funds as are actually disbursed, whether pursuant to this Agreement or 41
a provision of the Construction Loan, shall accrue interest. 42
43
4. The escrowed funds shall be released to the Developer only upon written approval 44
of the County Manager or his designee who shall approve the release of the funds 45
on deposit not more than once a month to the Developer, in amounts due for work 46
done to date based on the percentage completion of the work multiplied by the 47
respective work costs less ten percent (10%); and further, that upon completion of 48
the work, the County Manager or his designee shall approve the release of any 49
remainder of escrowed funds except to the extent of $_______ which shall remain 50
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in escrow as a Developer guaranty of maintenance of the Required Improvements 1
for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. 2
3
However, in the event that Developer shall fail to comply with the requirements of this 4
Agreement, then the Lender agrees to pay to the County immediately upon demand the 5
balance of the funds held in escrow by the Lender, as of the date of the demand, provided 6
that upon payment of such balance to the County, the County will have executed and 7
delivered to the Lender in exchange for such funds a statement to be signed by the County 8
Manager or his designee to the effect that: 9
10
(a) Developer for more than sixty (60) days after written notification of such 11
failure has failed to comply with the requirements of this agreement; 12
(b) The County, or its authorized agent, will complete the work called for under 13
the terms of the above-mentioned contract or will complete such portion of 14
such work as the County, in its sole discretion shall deem necessary in the 15
public interest to the extent of the funds then held in escrow; 16
17
(c) The escrow funds drawn down by the County shall be used for construction 18
of the Required Improvements, engineering, legal and contingent costs and 19
expenses, and to offset any damages, either direct or consequential, which 20
the County may sustain on account of the failure of the Developer to carry 21
out and execute the above-mentioned development work; and 22
23
(d) The County will promptly repay to the Lender any portion of the funds drawn 24
down and not expended in completion of the said development work. 25
26
5. Written notice to the Lender by the County specifying what amounts are to be paid 27
to the Developer shall constitute authorization by the County to the Lender for 28
release of only those specified funds to the Developer. Payment by the Lender to 29
the Developer of the amounts specified in a letter of authorization by the County 30
to the Lender shall constitute a release by the County and Developer of the Lender 31
for the specified funds disbursed in accordance with the letter of authorization from 32
the County. 33
34
6. The Required Improvements shall not be considered for preliminary approval until 35
a statement of substantial completion by Developer's engineer along with the final 36
project records have been furnished to be reviewed and approved by the County 37
Manager or his designee for compliance with the Collier County Subdivision 38
Regulations. 39
40
7. The County Manager or his designee shall, within sixty (60) days of receipt of the 41
statement of substantial completion, either: a) notify the Developer in writing of his 42
preliminary approval of the improvements; or b) notify the Developer in writing of 43
his refusal to approve the improvements, therewith specifying those conditions 44
which the Developer must fulfill in order to obtain the Director's approval of the 45
Required Improvements. However, in no event shall the County Manager or his 46
designee refuse preliminary approval of the improvements if they are in fact 47
constructed and submitted for approval in accordance with the requirements of this 48
Agreement. 49
50
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8. Should the funds held in escrow be insufficient to complete the Required 1
Improvements, the Board, after duly considering the public interest, may at its 2
option complete the Required Improvements and resort to any and all legal 3
remedies against the Developer. 4
5
9. Nothing in this Agreement shall make the Lender liable for any funds other than 6
those placed in deposit by the Developer in accordance with the foregoing 7
provisions; provided, that the Lender does not release any monies to the 8
Developer or to any other person except as stated in this Escrow Agreement to 9
include closing the account, or disbursing any funds from the account without first 10
requesting and receiving written approval from the County. 11
12
10. The Developer shall maintain all Required Improvement for one year after 13
preliminary approval by the County Manager or his designee. After the one year 14
maintenance period by the Developer and upon submission of a written request 15
for inspection, the County Manager or his designee shall inspect the Required 16
Improvements and, if found to be still in compliance with the Code as reflected by 17
final approval by the Board, the Lender's responsibility to the Board under this 18
Agreement is terminated. The Developer's responsibility for maintenance of the 19
Required Improvements shall continue unless or until the Board accepts 20
maintenance responsibility for and by the County. 21
22
11. All of the terms, covenants and conditions herein contained are and shall be 23
binding upon the respective successors and assigns of the Developer and the 24
Lender. 25
26
IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this Agreement 27
to be executed by their duly authorized representatives this ___ day of ________, 20___. 28
29
30
SIGNED IN THE PRESENCE OF:
(Name of entity)
(Developer)
_______
By:_______
Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
_______
Printed Name
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1
2
SIGNED IN THE PRESENCE OF:
(Name of entity)
(Lender)
_______
By:_______
Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
_______
Printed Name
3
ATTEST: 4
5
(Name of Clerk), CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:______
By:_______
Deputy Clerk
Name of Chairman Administrative Official)
ADMINISTRATIVE OFFICIAL PER
RESOLUTION 2025-131
Approved as to form and legality:
_____
Assistant County Attorney
6
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M) 7
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1
d. The Construction and Maintenance Agreement for Subdivision 2
Improvements shall be substantially as follows: 3
4
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION5
IMPROVEMENTS 6
7
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION 8
IMPROVEMENTS entered into this ___ day of ________, 20 ___between ________ hereinafter 9
referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, 10
hereinafter referred to as the "Board”. 11
12
RECITALS: 13
14
A. Developer has, simultaneously with the delivery of this Agreement, applied for the 15
approval by the Board of a certain plat of a subdivision to be known as: 16
17
B. Chapters 4 and 10 of the Collier County Land Development Code requires the 18
Developer to post appropriate guarantees for the construction of the improvements 19
required by said subdivision regulations, said guarantees to be incorporated in a 20
bonded agreement for the construction of the required improvements. 21
22
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 23
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 24
25
1. Developer will cause to be constructed: 26
within _______ months from the date of approval of said subdivision plat, said 27
improvements hereinafter referred to as the required improvements. 28
29
2. Developer herewith tenders its subdivision performance security (attached hereto 30
as Exhibit "A" and by reference made a part hereof) in the amount of $_______ 31
which amount represents 10% of the total contract cost to complete construction 32
plus 100% of the estimate cost of to complete the required improvements at the 33
date of this Agreement. 34
35
3. In the event of default by the Developer or failure of the Developer to complete 36
such improvements within the time required by the Land Development Code, 37
Collier County, may call upon the subdivision performance security to insure 38
satisfactory completion of the required improvements. 39
40
4. The required improvements shall not be considered complete until a statement of 41
substantial completion by Developer's engineer along with the final project records 42
have been furnished to be reviewed and approved by the County Manager or 43
designee for compliance with the Collier County Land Development Code. 44
45
5. The County Manager or designee shall, within sixty (60) days of receipt of the 46
statement of substantial completion, either: a) notify the Developer in writing of his 47
preliminary approval of the improvements; or b) notify the Developer in writing of 48
his refusal to approve improvements, therewith specifying those conditions which 49
the Developer must fulfill in order to obtain the County Manager's approval of the 50
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improvements. However, in no event shall the County Manager or designee refuse 1
preliminary approval of the improvements if they are in fact constructed and 2
submitted for approval in accordance with the requirements of this Agreement. 3
4
.6. The Developer shall maintain all required improvements for a minimum period of 5
one year after preliminary approval by the County Manager or designee. After the 6
one year maintenance period by the Developer has terminated, the Developer 7
shall petition the County Manager or designee to inspect the required 8
improvements. The County Manager or designee shall inspect the improvements 9
and, if found to be still in compliance with the Collier County Land Development 10
Code as reflected by final approval by the Board, the Board shall release the 11
remaining 10% of the subdivision performance security. The Developer's 12
responsibility for maintenance of the required improvements shall continue unless 13
or until the Board accepts maintenance responsibility for and by the County. 14
15
7. Six (6) months after the execution of this Agreement and once within every six (6) 16
months thereafter the Developer may request the County Manager or designee to 17
reduce the dollar amount of the subdivision performance security on the basis of 18
work complete. Each request for a reduction in the dollar amount of the subdivision 19
performance security shall be accompanied by a statement of substantial 20
completion by the Developer's engineer together with the project records 21
necessary for review by the County Manager or designee. The County Manager 22
or designee may grant the request for a reduction in the amount of the subdivision 23
performance security for the improvements completed as of the date of the 24
request. 25
26
8. In the event the Developer shall fail or neglect to fulfill its obligations under this 27
Agreement, upon certification of such failure, the County Manager or designee 28
may call upon the subdivision performance security to secure satisfactory 29
completion, repair and maintenance of the required improvements. The Board 30
shall have the right to construct and maintain, or cause to be constructed or 31
maintained, pursuant to public advertisement and receipt and acceptance of bids, 32
the improvements required herein. The Developer, as principal under the 33
subdivision performance security, shall be liable to pay and to indemnify the Board, 34
upon completion of such construction, the final total cost to the Board thereof, 35
including, but not limited to, engineering, legal and contingent costs, together with 36
any damages, either direct or consequential, which the Board may sustain on 37
account of the failure of the Developer to fulfill all of the provisions of this 38
Agreement. 39
40
9. All of the terms, covenants and conditions herein contained are and shall be 41
binding upon the Developer and the respective successors and assigns of the 42
Developer. 43
44
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 45
executed by their duly authorized representatives this ___ day of ________, 20___. 46
47
SIGNED IN THE PRESENCE OF:
(Name of Entity)
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_______
By:_______
Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
_______
Printed Name
ATTEST:
(Name of Clerk), CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:______
By:_______
Deputy Clerk
(Name of Chairman Administrative Official)
ADMINISTRATIVE OFFICIAL PER
RESOLUTION 2025-131
Approved as to form and legality:
_____
Assistant County Attorney
1
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M) Ord. No. 25-XXX, § XX) 2
3
* * * * * * * * * * * * * 4
# # # # # # # # # # # # # 5
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APPENDIX C 1
FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT 2
AND FORMATS FOR OTHER REQUIRED INFORMATION 3
4
(SEE LDC section 10.02.04 for applicable, specific provisions) 5
6
The following text and format are intended as a guide for preparation of those platting materials 7
required to be submitted to reviewing authorities, including the Project Review Services 8
Department, Utilities Division, County Health Department, County Attorney and the Board of 9
County Commissioners. Adherence to this format and text will substantially expedite review. 10
Substantial deviation in substance or form from the suggested text and format may result in 11
delay or disapproval of the submitted plat. 12
13
SURVEYOR'S CERTIFICATE 14
15
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF 16
THE PROPERTY PERFORMED BY ME, OR UNDER MY SUPERVISION, AS PROVIDED IN 17
CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE 18
REQUIREMENTS OF CHAPTER 177, PART 1, AS AMENDED, FLORIDA STATUTES. IT IS 19
FURTHER CERTIFIED THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET 20
PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL 21
POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE 22
REQUIRED IMPROVEMENTS. 23
24
(signature)
(TYPED OR PRINTED NAME HERE)
DATE
Include Florida Professional Land Surveyor
No.
25
COUNTY COMMISSION ADMINISTRATIVE OFFICIAL APPROVAL 26
27
STATE OF FLORIDA 28
COUNTY OF COLLIER 29
30
THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE 31
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THIS ________ 32
DAY OF ________, 20___, PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE 33
CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA. 34
35
(Name of Clerk) (Name of Chairman Administrative Official),
CHAIRMAN (Title of Administrative Official)
ADMINISTRATIVE OFFICIAL PER
RESOLUTION 2025-131
CLERK OF CIRCUIT COURT IN AND FOR
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COUNTY, FLORIDA
36
FILING RECORD 37
38
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I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT 1
COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA 2
STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT _______ 3
(a.m. or p.m.) THIS ________ DAY OF ________, 20 ___, AND DULY RECORDED IN PLAT 4
BOOK ________ PAGE(S) ________, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER 5
COUNTY, FLORIDA. 6
7
(Name of Clerk) 8
CLERK OF CIRCUIT COURT 9
IN AND FOR COLLIER COUNTY 10
11
ENGINEERING SERVICES 12
13
THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE 14
COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY, FLORIDA THIS ________ 15
DAY OF ________, 20___. 16
17
(TYPED NAME) 18
19
ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER 20
COLLIER COUNTY, FLORIDA 21
22
COUNTY ATTORNEY 23
24
THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS ________ DAY OF 25
________, 20___. 26
27
(TYPED NAME) 28
ASSISTANT COUNTY ATTORNEY 29
30
DEDICATIONS 31
32
STATE OF FLORIDA 33
COUNTY OF COLLIER 34
35
KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)), THE OWNER(S) OF THE 36
LANDS DESCRIBED HEREON, HAVE CAUSED THIS PLAT ENTITLED (NAME OF 37
SUBDIVISION) TO BE MADE AND DO HEREBY: 38
39
A. DEDICATE TO THE (insert homeowners' association or legal entity): 40
41
1. Private road rights-of-way, as follows: 42
43
TRACT "R" AS A PRIVATE ROAD RIGHT-OF-WAY (R.O.W.) (insert street 44
name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert 45
easements; i.e., R.O.W., C.U.E., P.U.E., D.E., etc.) WITH RESPONSIBILITY 46
FOR MAINTENANCE. 47
48
2. Drainage or stormwater management easements as follows: 49
50
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ALL DRAINAGE EASEMENTS (D.E.) FOR STORMWATER MANAGEMENT 1
PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 2
3
3. Landscape buffer easements as follows: 4
5
ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) WITH RESPONSIBILITY 6
FOR MAINTENANCE. 7
8
4. Lake maintenance easements as follows: 9
10
ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR 11
MAINTENANCE. 12
13
5. Access easements as follows: 14
15
ALL ACCESS EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE, 16
17
6, Or any other similar easement or tract intended to be dedicated for a set 18
purpose, or purposes. 19
20
7. All conservation/preserve areas/easements as follows: 21
22
ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE 23
DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR 24
MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or 25
EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR 26
PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE 27
(CONSERVATION or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED 28
TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE 29
GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH 30
AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER 31
VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION 32
REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL 33
DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO 34
DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION 35
CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR 36
PRESERVATION. 37
38
Such tracts, or easements must be dedicated to a homeowners' association, or 39
to any other lawfully existing entity which has, or would have at the time of final 40
plat recording, the power or authority to perform the obligation to maintain, along 41
with the responsibility for such maintenance. 42
43
* * * * * * * * * * * * * 44
45
(Ord. No. 20-16, § 3.N; Ord. No. 24-11, § 3.HH, Ord. No. 25-XXX, § XX) 46
47
# # # # # # # # # # # # # 48
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Exhibit A– Administrative Code Amendments
20
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Chapter 5 | Subdivision Procedures 1
Collier County Land Development Code | Administrative Procedures Manual 2
3
D. Construction Plan and Final Subdivision Plat (PPL) 4
5
D.1. Construction Plans and Final Subdivision Plat – Standard 6
7
Reference LDC sections 10.02.04 B and 10.02.04 C, Resolution No. 2025-131, and other provisions of
the LDC.
* * * * * * * * * * * * * 8
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application. The County
Manager or designee shall send written notice in response to the application submittal
within seven days. acknowledging receipt, identifying missing documents or information
required to process the application for final subdivision plat or replat including the
timeframes for reviewing and approving the plat.
Notice No notice is required.
Public Hearing The BCC shall hold at least 1 advertised public hearing. None.
Decision Maker The BCC. Administrative Official per Resolution 2025-131.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC sections
10.02.04 B and 10.02.04 C and other provisions of the LDC.
Once submitted for review, the construction plans and final subdivision plat application
will remain under review so long as a resubmittal in response to a county reviewer's
comments is received within 270 days of the date on which the comments were sent to
the applicant. If a response is not received within this time, the application will be
considered withdrawn and cancelled. Further review of the project will require a new
application together with appropriate fees.
The County Manager or designee Administrative Official will provide a recommendation
to the Board of County Commissioners to approve, approve with conditions, or deny the
final subdivision plat.
For applicants requesting building permits before plat recording, the county will stamp
the final plat as “Preliminary Plat for Building Permit Issuance” after Board administrative
approval of the plat and receipt of the fully executed construction and maintenance
agreement and performance security after County Attorney approval.
*
* * * * * * * * * * * * * 9
Updated Res. 2025-XXX 10
11
# # # # # # # # # # # # # 12
13
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Exhibit A– Administrative Code Amendments
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D.2. Construction Plans and Final Subdivision Plat Amendment (PPLA) 1
2
Reference LDC sections 10.02.04 B and Resolution No. 2025-131, and other provisions of the LDC.
* * * * * * * * * * * * * 3
Application
Contents and
Requirements for
Construction Plans
and Final
Subdivision Plat
Amendments
A Construction Plans and Final Subdivision Plat Amendment application must include the
following, in addition to the Application Contents and Requirements for Construction
Plans and Final Subdivision Plat, as applicable. See Chapter 5 D.1 of the Administrative
Code.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of development.
4. Amendment to PPL Number (original PPL number).
5. Cover letter describing the proposed changes.
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application . The County
Manager or designee shall send written notice in response to the application submittal
within seven days. acknowledging receipt, identifying missing documents or information
required to process the application for final subdivision plat amendment including the
timeframes for reviewing and approving the plat.
Public Hearing The BCC shall hold at least 1 advertised public hearing. None.
Decision Maker The BCC. Administrative Official per Resolution 2025-131.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC sections
10.02.04 B and 10.02.04 C and other provisions of the LDC.
Once submitted for review, the construction plans and final subdivision plat amendment
application will remain under review so long as a resubmittal in response to a county
reviewer's comments is received within270 120 days of the date on which the comments
were sent to the applicant. If a response is not received within this time, the application
will be considered withdrawn and cancelled. Further review of the project will require a
new application together with appropriate fees.
The County Manager or designee Administrative Official will provide a recommendation
to the Board of County Commissioners to approve, approve with conditions, or deny the
final subdivision plat.
* * * * * * * * * * * * * 4
Updated Res. 2025-XXX 5
6
# # # # # # # # # # # # # 7
8
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Exhibit A– Administrative Code Amendments
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D.3 Final Subdivision Plat – For Townhouse Fee Simple Development 1
2
Reference LDC sections 10.02.04 B and 10.02.04 C, Resolution No. 2025-131, and other provisions of
the LDC.
3
* * * * * * * * * * * * * 4
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application. The County
Manager or designee shall send written notice in response to the application submittal
within seven days. acknowledging receipt, identifying missing documents or information
required to process the application for final subdivision plat including the timeframes for
reviewing and approving the plat.
Notice No notice is required.
Public Hearing The BCC shall hold at least 1 advertised public hearing. None.
Decision Maker The BCC. Administrative Official per Resolution 2025-131.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC sections
10.02.04 B and 10.02.04 C and other provisions of the LDC.
Once submitted for review, the townhouse construction plans and final subdivision plat
application will remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the comments
were sent to the applicant. If a response is not received within this time, the application
review will be considered withdrawn and cancelled. Further review of the project will
require a new application together with appropriate fees.
The County Manager or designee Administrative Official will provide a recommendation
to the Board of County Commissioners to approve, approve with conditions, or deny the
final subdivision plat.
* * * * * * * * * * * * * 5
Updated Res. 2025-XXXX 6
7
# # # # # # # # # # # # # 8
9
F. Minor Final Subdivision Plat (FP) 10
11
Reference LDC section 10.02.04 D and Resolution No. 2025-131.
12
* * * * * * * * * * * * * 13
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application. The County
Manager or designee shall send written notice in response to the application submittal
within seven days. acknowledging receipt, identifying missing documents or information
required to process the application for minor final subdivision plat including the
timeframes for reviewing and approving the plat.
Notice No notice is required.
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Public Hearing The BCC shall hold 1 public hearing None.
Decision Maker BCC with an approval from The Administrative Official per Resolution 2025-131 County
Manager or designee.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with and shall approve,
approve with conditions, or deny the minor final subdivision plat.
Once submitted for review, the minor final subdivision plat application will remain under
review so long as a resubmittal in response to a county reviewer’s comments is received
within 270 days of the date on which the comments were sent to the applicant. If a
response is not received within this time, the application for review will be considered
withdrawn and cancelled. Further review of the project will require a new application
together with appropriate fees.
The County Manager or designee Administrative Official will provide a recommendation
to the BCC to approve, approve with conditions, or deny the minor final subdivision plat.
* * * * * * * * * * * * * 1
Updated Res. 2025-XXX 2
# # # # # # # # # # # # # 3
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Exhibit B– F.S. Chapter 2025-164
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Exhibit B– F.S. Chapter 2025-164
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Exhibit B– F.S. Chapter 2025-164
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Exhibit C– Resolution 2025-131
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Exhibit C– Resolution 2025-131
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ORDINANCE NO. 25 -____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO MAKE
CHANGES CONSISTENT WITH SECTION 177.071, FLORIDA STATUTES,
WHICH REQUIRES ADMINISTRATIVE APPROVAL OF PLATS AND REPLATS:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE
– GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.03.02, APPLICABILITY; CHAPTER TEN –
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.02.04, REQUIREMENTS FOR SUBDIVISION PLATS,
SECTION 10.02.05, CONSTRUCTION, APPROVAL, AND ACCEPTANCE OF
REQUIRED IMPROVEMENTS; APPENDIX A – STANDARD PERFORMANCE
SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; APPENDIX C –
FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED
TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [LDCA-PL20180002172]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on October 16, 2025, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
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WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on December ___, 2025 , and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community
Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1).
F.S., mandates that Collier County adopt land development regulations that are consistent with
and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
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element or portion thereof, and any land regulations existing at the time of adoption which are not
consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental agencies
in regard to land covered by such comprehensive plan or element shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses, densities
or intensities, capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and
if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use and
development of land within the total unincorporated area of Collier County and it is intended that
this Land Development Code preserve, promote, protect and improve the public health, safety,
comfort, good order, appearance, convenience and general welfare of Collier County; to prevent
the overcrowding of land and avoid the undue concentration of population; to facilitate the
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adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational
facilities, housing and other requirements and services; to conserve, develop, utilize and protect
natural resources within the jurisdiction of Collier County; to protect human, environmental, social
and economic resources; and to maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * * *
Adjacent: To share a common property line or boundary, or to be separated by a public right-of-
way, easement, or water body.
Administrative Official: The person delegated authority to approve, approve with conditions, or
deny subdivisions plans or replats on behalf of the Board of County Commissioners, including the
County Manager, Deputy County Manager, Growth Management Community Development
Department Head, Development Review Director and/or Zoning Director, as authorized in
Resolution 2025-131.
Adult day care center: A facility that provides temporary care on a daily basis for adults, whether
for compensation or not, and without overnight accommodations.
* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 4.03.02 APPLICABILITY
Section 4.03.02 Applicability, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.03.02 Applicability
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It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference
to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a
final subdivision plat of such land for approval to the BCC Administrative Official required by this
section and without having recorded the approved final subdivision plat as required by this section.
Any division of land meeting the definition of subdivision which is not otherwise exempt by this
section shall require the filing of a subdivision plat in accordance with the requirements of LDC
section 10.02.04 of this Code.
SUBSECTION 3.C. AMENDMENTS TO SECTION 10.02.04 REQUIREMENTS FOR
SUBDIVISION PLATS
Section 10.02.04 Requirements for Subdivision Plats, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
* * * * * * * * * * * * *
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final
subdivision plats are commonly referred to as "plans and plat."
1. Generally. Final subdivision plat approval by the Board of County Commissioners
Administrative Official is required before a final subdivision plat can be recorded.
a. No final subdivision plat shall be approved by the Board Administrative
Official until the construction plans have been reviewed and accepted by
the County Manager or designee, except for a minor final subdivision plat
pursuant to LDC section 10.02.04 D.
b. The review and approval of construction plans does not authorize the
construction of required improvements which are inconsistent with existing
easement(s) of record.
c. The required improvements shall be completed prior to recordation of the
final subdivision plat unless the applicant files a subdivision performance
security as identified in LDC section 10.02.04 F with the County.
d. Where approval of construction plans and final subdivision plats will lead to
the level of service for any public facility being reduced below the level
established by the growth management plan for Collier County, the County
shall deny approval to proceed with development until the requirements of
LDC section 10.02.07 have been met.
* * * * * * * * * * * * *
3. County Manager review of construction plans and final subdivision plats.
a. The County Manager or designee shall preliminarily review and evaluate
the construction plans and final subdivision plat in conformance with the
LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177.
The County Manager or designee shall review and evaluate the
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construction plans and final subdivision plat in light of the requirements
established in the LDC and Administrative Code and provide written notice
to the applicant acknowledging receipt . Based on the review and
evaluation, the County Manager or designee shall approve, approve with
conditions, or deny the construction plans and final subdivision plat. If the
construction plans and final subdivision plat is denied, then the final
subdivision plat shall not be submitted to the Board until the construction
plans and final subdivision plat have been approved or approved with
conditions by the County Manager or designee. The approval of the County
Manager or designee is subject to Board approval, noted below.
b. If the constructions plans and final subdivision plat are approved or
approved with conditions by the County Manager or designee, the County
Manager or designee shall recommend that the Board approve, approve
with conditions, or deny the final subdivision plat. If the County Manager or
designee denies or places conditions on the construction plans or
recommends denial or conditions on the final subdivision plat, he shall state
reasons and cite the applicable code or regulatory basis for the decision.
c. Once the construction plans and final subdivision plats are submitted by
the applicant for review by the County Manager or designee, they will
remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the
comments were sent to the applicant, 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.
Further review of the project will require a new application and the
appropriate fees paid by the applicant.
* * * * * * * * * * * * *
4. Board Administrative approval of the final subdivision plat.
a. Following preliminary approval or approval with conditions by the County
Manager or designee, the County Manager or designee shall place the final
subdivision plat on the consent agenda for its next available regularly
scheduled Board hearing. Tthe Board Administrative Official shall consider
approval of the final subdivision plat together with the approval of standard
form, Construction Maintenance Agreement, and approval of the amount
of performance security for the required improvements based on the
estimate of probable cost.
b. If all members of the Board consent to the recommendation of the County
Manager or designee, then the recommendation of the County Manager or
designee on the final subdivision plat shall remain on the consent agenda
and the final subdivision plat shall be approved. If any member of the Board
objects to the recommendation of the County Manager or designee or
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otherwise requests discussion on the recommendation, then the
recommendation shall be taken off the consent agenda and may be
discussed or scheduled for a subsequent hearing date. After due notice of
the hearing to the applicant, the Board shall hold a hearing on the final
subdivision plat. At the hearing, the Board shall consider the County
Manager or designee's recommendation and shall take evidence and
testimony in regard to the final subdivision plat requirements identified in
LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC.
The Board shall approve, approve with conditions, or deny the final
subdivision plat. If the Board denies or places conditions on the final
subdivision plat, it shall state reasons for such denial or conditions.
cb. Approval of the final subdivision plat shall not constitute acceptance of
public dedicated facilities. Acceptance of any such dedicated public
facilities and responsibility for their maintenance shall be by separate
resolution of the Board of County Commissioners. See LDC section
10.02.05 C.3.
d.c. After Board administrative approval of the final subdivision plat by the
Administrative Official, building permits may be issued for a percentage of
planned homes in accordance with the Florida Building Code and pursuant
to F.S. 177.073. Subdivision performance security shall be in accordance
with LDC section 10.02.04 F 2.b.i., and the construction and maintenance
agreement shall be in accordance with LDC section 10.02.04.F.3.e when
utilizing F.S. 177.073.
5. Insubstantial changes and amendments to construction plans and final subdivision
plats.
a. Insubstantial Changes to Construction Plans (ICP). Following approval by
the County Manager or designee of the construction plans, the applicant
may request insubstantial changes to the construction plans.
i. Application. The Administrative Code shall establish the process
and the submittal requirements for an insubstantial change to the
construction plans. Construction plans shall be prepared pursuant
to LDC section 10.02.04 B.
b. Following approval by the Board Administrative Official of the final
subdivision plat, but prior to recordation, the County Manager or designee
may approve minor insubstantial changes to the final subdivision plat.
Insubstantial changes are insignificant to the project, such as a correction
or change on the cover sheet.
c. Following approval by the Board Administrative Official of the final
subdivision plat, but prior to recordation, the Board Administrative Official
may approve amendments to the final subdivision plat. This is commonly
referred to as a "PPLA".
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i. Application. The Administrative Code shall establish the process
and the submittal requirements for the final subdivision plat
amendment. The final subdivision plat shall be prepared pursuant
to LDC section 10.02.04 B.
* * * * * * * * * * * * *
7. Timing of recording and development.
a. Recording. Within 18 months of the date of approval of the final subdivision
plat by the Board Administrative Official, the applicant shall submit the final
subdivision plat to the County Manager or designee for recording.
b. Required improvements to be completed. The improvements required for
the final subdivision plat shall be completed within 18 months from the date
of approval by the Board Administrative Official unless a written extension
request is approved by the County Manager or designee.
c. Integrated phased development. Each subsequent phase of the project
shall be submitted within 2 two years following the date of written approval
of the most recently approved final subdivision plat in accordance with LDC
section 10.02.04 A.6.
* * * * * * * * * * * * *
F. Recordation of the Final Subdivision Plat.
1. Generally. No building permits for habitable structures shall be issued prior to
approval by the Board of County Commissioners Administrative Official and
recordation of the final subdivision plat, except as provided in LDC section 5.04.04,
LDC section 10.02.04 B.6., and LDC section 10.02.04 B.4.d c., as applicable.
2. Posting of subdivision performance security at the time of recording, or at Board
Administrative Official approval when utilizing F.S. 177.073.
a. The final subdivision plat shall not be recorded until a subdivision
performance security for the construction of the required improvements,
both on-site and off-site, has been posted by the applicant and approved
and accepted by the County Manager or designee on behalf of the Board.
b. The applicant's professional engineer shall prepare an opinion of the
probable construction cost or the actual contractor's bid price, which
includes the cost of all required improvements, to determine the amount of
the subdivision performance security.
i. If no construction of the required improvements has begun at the
time of posting of the subdivision performance security, the security
shall be an amount equal to 110 percent of the sum of construction
costs for all on-site and off-site required improvements based on
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the applicant's professional engineer's opinion of the probable
construction costs or contract bid price.
ii. If construction of the required improvements has begun at the time
of posting the subdivision performance security, the security shall
be in an amount equal to 10 percent of the applicant's professional
engineer's opinion of the probable construction cost or contract bid
price, plus 100 percent of the required improvements to be
completed, such as the final lift of asphalt and uncompleted
sidewalks.
iii. If construction of all required improvements has been completed
and accepted by the Board at the time of recording, only a
performance maintenance guarantee at an amount equal to 10
percent of the applicant's professional engineer's opinion of the
probable construction cost or contract bid price shall be provided.
iv. No subdivision performance security shall be required where
improvements are to be constructed by a general-purpose
government such as a county or municipality, a local school district,
or state agency. A subdivision performance security shall be
required of an independent special-purpose government such as a
community development district (CDD).
c. The subdivision performance security shall be prepared pursuant to
Appendix A of the LDC and shall be one of the following forms:
i. Construction, maintenance, and escrow agreement, or
ii. Construction Maintenance Agreement and one of the
following:
a) Cash deposit agreement with the County, or
b) Irrevocable standby letter of credit, or
c) Surety bond.
d. Once the form of a subdivision performance security has been approved
and accepted by the Board, alternate securities, in a format approved by
the County Attorney, may be approved by the County Manager or designee,
on behalf of the Board.
3. Recordation Procedure. After approval of the final subdivision plat by the Board
Administrative Official prior to the recording of the final subdivision plat with the
clerk of the circuit court, the following shall occur:
* * * * * * * * * * * * *
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e. Construction and Maintenance Agreement. The applicant shall enter into a
construction and maintenance agreement with the County, in a form
acceptable to the County Attorney, which establishes the terms and
conditions for the construction and maintenance of the improvements
required during the 18-month construction period or a time frame
established in an approved extension request by the County Manager or
designee. This agreement shall be submitted with the final subdivision plat
for review and approval and shall be executed by all parties at the time of
Board Administrative Official approval, if building permits are issued when
utilizing F.S. 177.073, or at the time of recording the final plat.
* * * * * * * * * * * * *
g. Supporting "gap" title information. Within 60 days of recordation of the
final subdivision plat in the official records of Collier County, Florida,
the applicant, at no expense to the County, shall submit to the County
Manager or designee final supporting "gap" title information. The final
supporting title information must meet all of the requirements of LDC
section 10.02.04 F.3.c, except as to the effective date. Receipt and
approval of the "gap" title information is a condition precedent to preliminary
acceptance of subdivision improvements by the Board Administrative
Official.
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 10.02.05 CONSTRUCTION, APPROVAL,
AND ACCEPTANCE OF REQURIED IMPROVEMENTS
Section 10.02.05 Construction, Approval, and Acceptance of Required Improvements, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.05 Construction, Approval, and Acceptance of Required Improvements
* * * * * * * * * * * * *
C. Final Acceptance of the Required Subdivision Improvements by the Board of County
Commissioners.
1. Generally. The Board may provide final acceptance, by resolution, of the
improvements subject to the following:
a. Following the 1 one-year minimum maintenance period as required by
preliminary acceptance by the County Engineer or designee; and
b. Following satisfactory completion of the preliminary acceptance
inspections by the County Engineer or designee; and
c. At the request of the applicant, after a final inspection by the County
Engineer or designee.
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2. Timing. All of the required improvements shall receive final acceptance by the
Board within 36 months from the date of the original Board administrative approval
of the final subdivision plat, unless extended by the County Manager or designee,
the Board, or general law.
a. The developer may request two-year extensions for completion and
acceptance of the required improvements. A maximum of 2 two extensions
may be granted by the County Manager or designee. Each request should
provide written justification for the extension.
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO APPENDIX A STANDARD PERFORMANCE
SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
Appendix A Standard Performance Security Documents for Required Improvements, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
APPENDIX A
STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
* * * * * * * * * * * * *
Appendix A consists of the following specimen forms:
A.1 Subdivision Improvements
* * * * * * * * * * * * *
c. The Construction, Maintenance and Escrow Agreement for Subdivision
Improvements shall be substantially as follows:
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this ___ day of _________, 20___ by (description of entity)
(hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, (hereinafter "The Board") and _________ (hereinafter "Lender").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as: _______.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate")
prepared by ______, a copy of which is attached hereto and incorporated herein
as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are
limited to those described in the Estimate.
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C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code requires the Developer to provide
appropriate guarantees for the construction and maintenance of the Required
Improvements.
D. Lender has entered into a construction loan agreement with Developer dated
_______, Account No.______ (the "Construction Loan") to fund the cost of the
Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is
required to guarantee pursuant to this Agreement is $_______, and this amount
represents 110% of the Developer's engineer's estimate of the construction costs
for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as
follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the
Required Improvements, to be constructed pursuant to specifications that have
been approved by the County Manager or his designee within _______ months
from the date of approval of said subdivision plat.
2. Developer hereby authorizes Lender to hold $_______ from the Construction
Loan, in escrow, pursuant to the terms of this Agreement.
3 Lender agrees to hold in escrow $_______ from the Construction Loan, to be
disbursed only pursuant to this Agreement. Lender acknowledges that this
Agreement shall not constitute a draw against the Construction Loan fund, but that
only such funds as are actually disbursed, whether pursuant to this Agreement or
a provision of the Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval
of the County Manager or his designee who shall approve the release of the funds
on deposit not more than once a month to the Developer, in amounts due for work
done to date based on the percentage completion of the work multiplied by the
respective work costs less ten percent (10%); and further, that upon completion of
the work, the County Manager or his designee shall approve the release of any
remainder of escrowed funds except to the extent of $_______ which shall remain
in escrow as a Developer guaranty of maintenance of the Required Improvements
for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement.
However, in the event that Developer shall fail to comply with the requirements of this
Agreement, then the Lender agrees to pay to the County immediately upon demand the
balance of the funds held in escrow by the Lender, as of the date of the demand, provided
that upon payment of such balance to the County, the County will have executed and
delivered to the Lender in exchange for such funds a statement to be signed by the County
Manager or his designee to the effect that:
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(a) Developer for more than sixty (60) days after written notification of such
failure has failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under
the terms of the above-mentioned contract or will complete such portion of
such work as the County, in its sole discretion shall deem necessary in the
public interest to the extent of the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction
of the Required Improvements, engineering, legal and contingent costs and
expenses, and to offset any damages, either direct or consequential, which
the County may sustain on account of the failure of the Developer to carry
out and execute the above-mentioned development work; and
(d) The County will promptly repay to the Lender any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be paid
to the Developer shall constitute authorization by the County to the Lender for
release of only those specified funds to the Developer. Payment by the Lender to
the Developer of the amounts specified in a letter of authorization by the County
to the Lender shall constitute a release by the County and Developer of the Lender
for the specified funds disbursed in accordance with the letter of authorization from
the County.
6. The Required Improvements shall not be considered for preliminary approval until
a statement of substantial completion by Developer's engineer along with the final
project records have been furnished to be reviewed and approved by the County
Manager or his designee for compliance with the Collier County Subdivision
Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of
his refusal to approve the improvements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the Director's approval of the
Required Improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of this
Agreement.
8. Should the funds held in escrow be insufficient to complete the Required
Improvements, the Board, after duly considering the public interest, may at its
option complete the Required Improvements and resort to any and all legal
remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing
provisions; provided, that the Lender does not release any monies to the
Developer or to any other person except as stated in this Escrow Agreement to
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include closing the account, or disbursing any funds from the account without first
requesting and receiving written approval from the County.
10. The Developer shall maintain all Required Improvement for one year after
preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer and upon submission of a written request
for inspection, the County Manager or his designee shall inspect the Required
Improvements and, if found to be still in compliance with the Code as reflected by
final approval by the Board, the Lender's responsibility to the Board under this
Agreement is terminated. The Developer's responsibility for maintenance of the
Required Improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer and the
Lender.
IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this Agreement
to be executed by their duly authorized representatives this ___ day of ________, 20___.
SIGNED IN THE PRESENCE OF:
(Name of entity)
(Developer)
_______
By:_______
Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
_______
Printed Name
SIGNED IN THE PRESENCE OF:
(Name of entity)
(Lender)
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_______ By:_______
Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
_______
Printed Name
ATTEST:
(Name of Clerk), CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:______
By:_______
Deputy Clerk
Name of Chairman Administrative Official)
ADMINISTRATIVE OFFICIAL PER
RESOLUTION 2025-131
Approved as to form and legality:
_____
Assistant County Attorney
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M)
d. The Construction and Maintenance Agreement for Subdivision
Improvements shall be substantially as follows:
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ___ day of ________, 20 ___between ________ hereinafter
referred to as "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board”.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a
bonded agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:
within _______ months from the date of approval of said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $_______
which amount represents 10% of the total contract cost to complete construction
plus 100% of the estimate cost of to complete the required improvements at the
date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete
such improvements within the time required by the Land Development Code,
Collier County, may call upon the subdivision performance security to insure
satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the County Manager or
designee for compliance with the Collier County Land Development Code.
5. The County Manager or designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of
his refusal to approve improvements, therewith specifying those conditions which
the Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or designee refuse
preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
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.6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or designee. After the
one year maintenance period by the Developer has terminated, the Developer
shall petition the County Manager or designee to inspect the required
improvements. The County Manager or designee shall inspect the improvements
and, if found to be still in compliance with the Collier County Land Development
Code as reflected by final approval by the Board, the Board shall release the
remaining 10% of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless
or until the Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or designee to
reduce the dollar amount of the subdivision performance security on the basis of
work complete. Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial
completion by the Developer's engineer together with the project records
necessary for review by the County Manager or designee. The County Manager
or designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the
request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the subdivision performance security to secure satisfactory
completion, repair and maintenance of the required improvements. The Board
shall have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
the improvements required herein. The Developer, as principal under the
subdivision performance security, shall be liable to pay and to indemnify the Board,
upon completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together with
any damages, either direct or consequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the
Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this ___ day of ________, 20___.
SIGNED IN THE PRESENCE OF:
(Name of Entity)
_______
By:_______
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Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
_______
Printed Name
ATTEST:
(Name of Clerk), CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:______
By:_______
Deputy Clerk
(Name of Chairman Administrative Official)
ADMINISTRATIVE OFFICIAL PER
RESOLUTION 2025-131
Approved as to form and legality:
_____
Assistant County Attorney
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M) Ord. No. 25-XXX, § XX)
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO APPENDIX C FINAL SUBDIVISION PLT, REQUIRED
CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER
REQUIRED INFORMATION
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Appendix C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for
Other Required Information, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
APPENDIX C
FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND
FORMATS FOR OTHER REQUIRED INFORMATION
(SEE LDC section 10.02.04 for applicable, specific provisions)
The following text and format are intended as a guide for preparation of those platting materials
required to be submitted to reviewing authorities, including the Project Review Services
Department, Utilities Division, County Health Department, County Attorney and the Board of
County Commissioners. Adherence to this format and text will substantially expedite review.
Substantial deviation in substance or form from the suggested text and format may result in delay
or disapproval of the submitted plat.
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF
THE PROPERTY PERFORMED BY ME, OR UNDER MY SUPERVISION, AS PROVIDED IN
CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE
REQUIREMENTS OF CHAPTER 177, PART 1, AS AMENDED, FLORIDA STATUTES. IT IS
FURTHER CERTIFIED THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET
PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL
POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE
REQUIRED IMPROVEMENTS.
(signature)
(TYPED OR PRINTED NAME HERE)
DATE
Include Florida Professional Land Surveyor
No.
COUNTY COMMISSION ADMINISTRATIVE OFFICIAL APPROVAL
STATE OF FLORIDA
COUNTY OF COLLIER
THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THIS ________ DAY OF
________, 20___, PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA.
(Name of Clerk) (Name of Chairman Administrative Official),
CHAIRMAN (Title of Administrative Official)
ADMINISTRATIVE OFFICIAL PER
RESOLUTION 2025-131
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CLERK OF CIRCUIT COURT IN AND FOR
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COUNTY, FLORIDA
FILING RECORD
I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT
COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA STATUTES.
I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT _______ (a.m. or p.m.)
THIS ________ DAY OF ________, 20 ___, AND DULY RECORDED IN PLAT BOOK ________
PAGE(S) ________, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
(Name of Clerk)
CLERK OF CIRCUIT COURT
IN AND FOR COLLIER COUNTY
ENGINEERING SERVICES
THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE
COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY, FLORIDA THIS ________
DAY OF ________, 20___.
(TYPED NAME)
ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER
COLLIER COUNTY, FLORIDA
COUNTY ATTORNEY
THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS ________ DAY OF
________, 20___.
(TYPED NAME)
ASSISTANT COUNTY ATTORNEY
DEDICATIONS
STATE OF FLORIDA
COUNTY OF COLLIER
KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)), THE OWNER(S) OF THE LANDS
DESCRIBED HEREON, HAVE CAUSED THIS PLAT ENTITLED (NAME OF SUBDIVISION) TO
BE MADE AND DO HEREBY:
A. DEDICATE TO THE (insert homeowners' association or legal entity):
1. Private road rights-of-way, as follows:
TRACT "R" AS A PRIVATE ROAD RIGHT-OF-WAY (R.O.W.) (insert street name)
SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert easements; i.e.,
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R.O.W., C.U.E., P.U.E., D.E., etc.) WITH RESPONSIBILITY FOR
MAINTENANCE.
2. Drainage or stormwater management easements as follows:
ALL DRAINAGE EASEMENTS (D.E.) FOR STORMWATER MANAGEMENT
PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE.
3. Landscape buffer easements as follows:
ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) WITH RESPONSIBILITY FOR
MAINTENANCE.
4. Lake maintenance easements as follows:
ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR
MAINTENANCE.
5. Access easements as follows:
ALL ACCESS EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE,
6, Or any other similar easement or tract intended to be dedicated for a set purpose,
or purposes.
7. All conservation/preserve areas/easements as follows:
ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE
DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR
MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or
EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR
PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION
or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO:
CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND;
DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH;
REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER
VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION
REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL
DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO
DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION
CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR
PRESERVATION.
Such tracts, or easements must be dedicated to a homeowners' association, or to
any other lawfully existing entity which has, or would have at the time of final plat
recording, the power or authority to perform the obligation to maintain, along with
the responsibility for such maintenance.
* * * * * * * * * * * * *
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(Ord. No. 20-16 , § 3.N; Ord. No. 24-11, § 3.HH, Ord. No. 25-XXX, § XX)
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of _______, 2025.
CRYSTAL K. KINZEL, CLERK
By:__________________________
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:__________________________
Burt L. Saunders, Chairman
Approved as to form and legality:
__________________________
Courtney L. DaSilva
Assistant County Attorney
CLD11/3/25
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