Ordinance 2008-08
ORDINANCE NO. 08-08
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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, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02
DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND
USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING
DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING
DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION,
INCLUDING SECTION 3.02.03 APPLICABILITY, SECTION
3.02.05 BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD, SECTION 3.05.07
PRESERVATION STANDARDS; CHAPTER 4 -INCLUDING,
SECTION 4.02.15 SAME - DEVELOPMENT STANDARDS IN
THE SBCO DISTRICT; CHAPTER 5 - SUPPLEMENTAL
STANDARDS, INCLUDING SECTION 5.06.02 PERMITTED
SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR
SPECIFIC SITUATIONS, SECTION 5.06.05 SIGNS EXEMPT
FROM THESE REGULATIONS, SECTION 5.06.06
PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS INCLUDING, SECTION 6.02.01
GENERALLY, SECTION 6.02.04 DRAINAGE FACILITY
LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01
STREET SYSTEM REQUIREMENTS; CHAPTER 10 -
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES INCLUDING, SECTION 10.02.03
SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT
PLANS, SECTION 10.02.08 SUBMITTAL REQUIREMENTS
FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC,
SECTION 10.02.13 PLANNED UNIT DEVELOPMENT
PROCEDURES; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, PUBLICATION AS THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
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repealed and superseded Ordinance No. 91-102, as amended, the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, the LDC may not be amended more than two times
in each calendar year unless additional amendment cycles are
approved by the Collier County Board of Commissioners pursuant to
Section 10.02.09 A. of the LDC; and
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WHEREAS, this is the second amendment to the LDG for the
calendar year 2007; 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 Board of County Commissioners, in a manner
prescribed by law, did hold an advertised public hearing on January 16,
2008 and February 5, 2008 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 Local Government Comprehensive Planning and Land
Development Regulation Act (F.S. S 163.3161 et seq.), and F.S. 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, S 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 Sec. 163.3161, et seq., Fla.
Stat., the Florida Local Government Comprehensive Planning and Land
Development Regulations 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 Section 163.3202(1). Fla. Stat., mandates that Collier County
adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., 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.
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4. Section 163.3194(1)(b), Fla. Stat., requires that all land
development regulations enacted or amended by Collier County be
consistent with the adopted comprehensive plan, or element or portion
thereof, and any land regulations existing at the time of adoption which
are not consistent with the adopted comprehensive plan, or element or
portion thereof, shall be amended so as to be consistent.
5. Section 163.3202(3), Fla. Stat., 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 Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5
FAC.
7. Section 163.3194(1)(a), Fla. Stat., 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 or
portion thereof shall be consistent with such comprehensive plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a
development order or land development regulation shall be consistent
with the comprehensive plan if the 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), Fla. Stat., requires 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 and may be amended twice annually. 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
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that this Land Development Code preserve, promote, protect and
improve the public health, safety, comfort, good order, appearance,
convenience and general welfare of Collier County; to prevent the
overcrowding of land and avoid the undue concentration of population;
to facilitate the adequate and efficient provision of transportation,
water, sewerage, schools, parks, recreational facilities, housing and
other requirements and services; to conserve, develop, utilize and
protect natural resources within the jurisdiction of Collier County; to
protect human, environmental, social and economic resources; and to
maintain through orderly growth and development, the character and
stability of present and future land uses and development in Collier
County.
12. It is the intent of the Board of County Commissioners of
Collier County to implement the Land Development Code in accordance
with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
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
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Development order: Any order, permit, determination, or action granting, denying,
or granting with conditions an application for any final local development order, building
permit, temporary use permit, temporary construction and development permit, sign
permit, well permit, spot survey, electrical permit, plumbing permit, occupational license,
boat dock permit, HVAC permit, septic tank permit, right-of-way permit, blasting permit,
excavation permit, construction approval for infrastructure (including water, sewer,
grading, and paving), approved development of regional impact (DRI), zoning ordinance
amendment, comprehensive plan amendment, flood variance, coastal construction
control line variance, vegetation removal permits, agricultural clearing permits, site
development plan approval, subdivision approval (including plats, plans, variances, and
amendments), rezoning, PUD amendment, conditional use (provisional use), variance,
stewardship receivina area (SRAl, or any other official action of Collier County having
the effect of permitting development as defined in this Code.
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TOR credit: A unit representing the right to increase the density or intensity of
development on a parcel, obtained through a Transfer of Development Rights. [~
2.03.07 041
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Redemotion: Utilization of Rural Frinae Mixed-Use District (RFMUDl Transfer of
Development Riahts (TDRl credit for development purposes.
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SUBSECTION 3.B.
AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
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Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
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D. Special Treatment Overlay "ST".
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4. Transfer of development rights (TOR).
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C. TOR credits from RFMU sending lands: General Provisions
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iv, Receipt of TOR credits or TOR Bonus credits from RFMU
sending lands. TOR credits or TOR Bonus credits from
RFMU sending lands may be redeemed transferred into
Urban Areas, the Urban Residential Fringe, and RFMU
receiving lands, as provided in Seoliens 2.03.07.(4)(8) and
tejsubsections 2.03.07 4.d and e below.
v. Prohibition on redemption transfer of fractional TOR credits
and TOR Bonus credits. While fractional TOR credits and
TOR Bonus credits may be created, as provided in (ii)
above, TOR credits and TOR Bonus credits may only be
redeemed transferred frem RFMU sending lands in
increments of whole, not fractional, dwelling units.
Consequently, fractional TOR credits and fractional TOR
Bonus credits must be aggregated to form whole units,
before they can be utilized to increase density in either
non-RFMU Receiving Areas or RFMU Receiving lands.
vi. Prohibition on severance tr-ansfer of development rights.
a) Neither TOR credits nor TOR Early Entry Bonus
credits shall be generated from RFMU sending
lands where a conservation easement or other
similar development restriction prohibits the
residential development of such property, with the
exception of those TOR Early Entry Bonus credits
associated with TOR credits severed from March 5,
2004, until [the effective date of this provision].
Environmental Restoration and Maintenance Bonus
credits and Conveyance Bonus credits may only be
generated from those RFMU sending lands where
a conservation easement or other similar
development restriction on development was
imposed in conjunction with the severance of TOR
credits.
b) Neither TOR credits nor any TOR Bonus credits
shall be generated from RFMU sending lands that
were cleared for agricultural operations after June
19, 2002, for a period of twenty-five (25) years after
such clearing occurs.
d. RedemDtion Transfor of TDRs de':elepmeRt ri€lt:lls from RFMU
seRdiRlI laRds into non-rfmu reoeiving areas RFMU receivina
areas.
i. Redemption Transf.ers into urban areas.
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a) Maximum density increase, In order to encourage
residential in-fill in urban areas of existing
development outside of the Coastal High Hazard
Area, a maximum of 3 residential dwelling units
per gross acre may be requested through a rezone
petition for projects qualifying under this residential
infill provisions of the Future Land Use Element
density Rating System, subject to the applicable
provisions of Chapters 2 and 9 of this Code, and
the following conditions:
i) The project is 20 acres or less in size;
ii) At time of development, the project will be
served by central public water and sewer;
ii) The property in question has no common
site development plan in common with
adjacent property;
iv) There is no common ownership with any
adjacent parcels; and
v) The parcel in question was not created to
take advantage of the in-fill residential
density bonus and was created prior to the
adoption of this provision in the Growth
Management Plan on January 10, 1989.
vi) Of the maximum 3 additional units, one (1)
dwelling unit per acre shall be derived
transferreEl from RFMU sending lands and
redeemed at Site Plan or prior to Plat
recordation.
b) Developments which meet the residential infill
conditions i) through v) above may increase the
base density administratively through a Site
development Plan or Plat approval by a maximum
of one dwelling unit per acre by redeemina
transferring thai additional density derived from
RFMU district Sending Lands.
ii. Redemptions Transfers into the urban resiElontial fringo.
Urban Residential Fringe shall be permitted exclusivelv
throuah the use of TOR credits and TOR Bonus credits
derived may be transferrod from RFMU sending lands
located within one mile of the Urban Boundary into lands
designatoEl Urban ResiElential Fringe to increase density
by a maximum of 1.0 dwelling units per acre, allowing for
a density increase from the existing allowable base
density of 1.5 dwelling units per acre to a maximum of 2.5
dwelling unit! per gross acre.
e. RedemDtion Transfers from RFMll sending lands into RFMU
receiving lands.
i. Maximum density on RFMU receiving lands when TOR
credits are redeemed transferred from RFMll sending
1amIs.
a) The base residential density allowable shall be as
provided in sections 2.03.08 A.2.a.(2)(a) and
2.03.08 A.2.b.(3)(a).
b) The density achievable through the redemption
transfer of TOR credits and TOR Bonus credits
into RFMU receiving lands shall be as provided for
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in section 2,03.08 A.2.a.(2)(b)(i) outside of rural
villages and sections 2.03.08 A.2.b.(3)(b) and
2.03.08 A.2.b.(3)(c)(i) inside of rural villages.
iL Remainder uses after TOR credits are severed from RFMU
sending lands. Where development rights have been
severed from RFMU district Sending Lands, such lands
may be retained in private ownership and may be used as
set forth in section 2.03.08 A.4.b.
f, Procedures applicable to the severance and redemption transfer
of TOR credits and the generation of TOR Bonus credits from
RFMU sending lands.
L General. Those developments that utilize such TOR
credits or TOR Bonus credits are subject to all applicable
permitting and approval requirements of this Code,
including but not limited to those applicable to site
development plans, plat approvals, PUDs, and ORis.
a) The severance of TOR credits and the generation
of Early Entry Bonus credits from RFMU sending
lands does not require further approval of the
County if the County determines that information
demonstrating compliance with all of the criteria set
forth in iLa) below has been submitted. However,
those developments that utilize such TOR credits
and Early Entry Bonus credits are subject to all
applicable permitting and approval requirements of
this Code, including but not limited to those
applicable to site development plans, plat
approvals, PUDs, and ORis.
b) The generation of Environmental Restoration and
Maintenance Bonus credits and Conveyance
Bonus credits requires acceptance by the County
of a RMP.
iL County maintained central TOR registry. In order to
facilitate the County's monitoring and regulation of the TOR
Program, the County shall serve as the central registry for
at all TOR severances, transfers (sales) and redemptions
Gredit and TOR 80AUS Gredits pllf.chases, sQles, and
transfers, as well as maintain a public central listing of TOR
credits Qnd TOR 80AUS Gredits available for sale aM
alona with a Iistina of purchasers seeking TOR credits er
TOR BOAUS Gredits. No TOR credit Qnd TDR BOAUS
Gredit generated from RFMU sending lands may be
utilized to increase density in any area unless the following
procedures are complied with in full.
a) TOR credits shall not be used to increase density
in either non-RFMU Receiving Areas or RFMU
receiving lands until severed from RFMU sending
lands. TOR credits shall be deemed to be severed
from RFMU sending lands at such time as a TOR
credit Certificate is obtained from the County aM
recorded, TOR credit Certificates shall be issued
only by the County and upon submission of the
following:
i) a legal description of the property from
which the RFMU TOR credits originated,
including the total acreage;
ii) a title search, or other evidence sufficient to
establish that, prior to the severance of the
TOR credits from RFMU sending lands,
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such sending lands were not subject to a
conservation restriction or any other
development restriction that prohibited
residential development;
iii) an executed Limitation of Development
Riahts Aareement le€lal instrumont,
prepared in accord with the form provided
by the County, that limits the allowable uses
on the property after the severance of TOR
credits as set forth in section 2.03.08
A.4.b.; and
iv) a statement identifying the price, or value of
other remuneration, paid to the owner of the
RFMU sending lands from which the TOR
credits were generated and that the value
of any such remuneration is at least
$25,000 per TOR credit, unless such owner
retains ownership of the TOR credits after
they are severed, unless the RFMU or non-
RFMU receiving lands on which the TOR
credits will be redeemed utilizod and the
RFMU sending lands from which the TOR
credits were generated are owned by the
same persons or entities or affiliated
persons or entities; and
v) a statement attesting that the TOR credits
are not being severed from RFMU sending
lands in violation of subsection
2.03.07(D)(4)(s)(iv)(b) DA.c.vi.b) of tI:Hs the
Code.
vi) documented evidence that, if the property
from which TORs are being severed is
subject to a mortgage, lien, or any other
security interest; the mortgagee, lien holder,
or holder of the security interest has
consented to the recordation of the
Limitation of Development Riahts
Aareement sonservation easemont required
for TOR severance: transfer (sale) of TOR
credit: and redemDtion of TOR credit.
b) TOR Bonus credits shall not be used to increase
density in either non-RFMU receiving areas or
RFMU receiving lands until a TOR credit
certificate reflecting the TOR Bonus credits is
obtained from the County ana resoraed.
1) Early Entry Bonus credits. All TOR credit
certificates issued by the County for the
period from the effective date of this
provision until three years after such
effective date shall include one Early Entry
Bonus credit or fractional Early Entry
Bonus credit or each TOR credit or
fractional TOR credit reflected on the TOR
credit certificate. Where TOR credits were
severed from March 5, 2004, until the
effective date of this provision, the County
shall, upon receipt of a copy of the TOR
credit certificate reflecting those previously
severed TOR credits, issue a TOR credit
certificate entitling Early Entry Bonus
credits equal in number to the previously
severed TOR credits.
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2) Environmental Restoration and
Maintenance Bonus credit. A TOR
certificate reflecting Environmental
Restoration and Maintenance Bonus
credits shall not be issued until the County
has accepted a RMP for the sending lands
from which the Environmental Restoration
and Maintenance Bonus credit is being
generated. Any sending lands from which
TOR credits have been severed may also
be used for mitigation programs and
associated mitigation activities and uses in
conjunction with any county, state or federal
permitting. Where the Environmental
Restoration and Maintenance Credit is
applied for sending lands that are also being
used (title or easement) for mitigation for
permits or approvals from the U.S. Army
Corps of Engineers, U. S. Fish and Wildlife
Service, Florida Department of
Environmental Protection, Florida Fish and
Wildlife Conservation Commission, or the
South Florida Water Management District,
the County shall accept as the RMP for the
sending mitigation lands, the restoration
and/or maintenance requirements of permits
issued by any of the foregoing
governmental agencies for said lands.
3) Conveyance Bonus credit. A TOR
certificate reflecting Conveyance Bonus
credits shall not be issued until the County
has accepted a RMP for the Sending Lands
from which the Conveyance Bonus credit
is being generated and such sending lands
have been conveyed, in fee simple, to a
County, state, or federal government
agency.
c) A PUD or DRI utilizing TOR credits or TOR Bonus
credits may be conditionally approved, but no
subsequent application for site development plan
or subdivision plat within the PUD or DRI shall be
approved, until the developer submits the following:
i) documentation that the developer has
acquired all TOR credits and TOR Bonus
credits needed for that phase portion of the
development that is the subject of the site
development plan or subdivision plati
aR€l
ii) a TOR transaction foe sufficient to defray
Ine expenses of the Cal,jnty in administering
the Central TOR Registry.
d) The developer shall provide documentation of the
acquisition of full ownership and control of all TOR
credits needed for the development ana of
recorealion af the TDR sredit certificates for all
such TDR sredits prior to the approval of any site
development plan, subdivision plat, or other final
local development order, other than a PUD or DR!.
e) Each TOR credit shall have an individual and
distinct tracking number, which shall be identified
on the TOR certificate that reflects the TOR credit.
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The county TOR Activity Loa r-egistry shall maintain
an onaoina reeord af all TOR eredits, to inelude
database dasignatian that cateaorizes all TOR
credits-#lese relative to that have becm severance,
transfer (sale) and redemption activitv expended.
f) The sQounty bears no responsibility to provide
notice to any person or entity holding a lien or other
security interest in sending lands that TOR credits
have been severed from the property or that an
application for such severance has been filed.
g) The County bears no responsibility to provide
notice to any person or entity holding a lien or other
security interest in Sending Lands that TOR credits
have been severed from the property or that an
application for such severance has been filed.
g. Proportional utilization of TOR credits. Upon the issuance of
approval of a site development plan or subdivision plat that is
part of a PUD or DRI, TOR credits shall be redeemed doemed to
be expended at a rate proportional to percentage of the PUD or
DRI's approved gross density that is derived through TOR
credits. All PUDs and ORis utilizing TOR credits shall require
that the rate of TOR credit consumption be reported through the
monitoring provisions of seotions 10.02.12 and 10,02.07(C)(1)(b)
section 10.02.12 and subsection 10.02.07 C.1.b of this Code.
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E. Historical and Archaeological Sites "H". It is the intent of these regulations
to recognize the importance and significance of the County's historical
and archaeological heritage. To that end, it is the county's intent to
protect, preserve, and perpetuate the County's historic and archaeological
sites, districts, structures, buildings, and properties. Further, the BCC,
finds that these regulations are necessary to protect the public interest, to
halt illicit digging or excavation activities which could result in the
destruction of prehistoric and historic archaeological sites, and to regulate
the use of land in a manner which affords the maximum protection to
historical and archaeological sites, districts, structures, buildings, and
properties consistent with individual property rights. It is not the intent of
this LDC to deny anyone the use of his property, but rather to regulate the
use of such property in a manner which will ensure, to the greatest
degree possible, that historic and archaeological sites, districts,
structures, buildings, and properties are protected from damage,
destruction, relocations, or exportations.
1. Areas for consideration for inclusion in areas of
historical/archaeological probability shall have one (1) or more of the
following characteristics:
-t g. The area is associated with distinctive elements of the
cultural, social, ethnic, political, economic, scientific,
religious, prehistoric, or architectural history that have
contributed to the pattern of history in the community, the
County, the State of Florida, or the nation; or
~Q. The area is associated with the lives of persons significant
in history; or
d f. The area embodies the distinctive characteristics of a type,
period, method, or materials of construction that possess
high artistic value, quality of design craftsmanship, or that
represent an individual architect or builder's prominence or
contribution to the development of the County, the State
of Florida, or the nation; or
4 g. The area was the location of historic or prehistoric activities
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including, but not limited to, habitation, religious,
ceremonial, burial, or fortification during a particular period
of time, which may maintain a sufficient degree of
environmental integrity to reflect a significant aspect of the
relationship of the site's original occupants to the
environment; or
9 ~. The area is historic or prehistoric site which has been
severely disturbed but which may still allow useful and
representative data to be recovered; or
e f. The area has yielded or is likely to yield information on
local history or prehistory; or
+- g. The area derives its primary significance from architectural
or artistic distinction of historical importance; or
8 n. The area is the birthplace or grave of historical figure or is
a cemetery which derives its primary significance from
graves of persons of importance, from age, from distinctive
design features, or from association with historic events; or
9 j. The area is the site of a building or structure removed
from its original location which is significant for its
architectural value, or is the sole surviving structure
associated with historic period, person, or event; or
W j. The area is a property primarily commemorative in intent,
where design, age, tradition, or symbolic value has
invested it with its own historical significance; or
44 .!s. The area is an area containing known archaeological sites
that have not been assessed for significance but are likely
to conform to the criteria for historicallarchaeological
significance or areas where there is a high likelihood that
unrecorded sites of potential historical/archaeological
significance are present based on prehistoric settlement
patterns and existing topographic features; or
~ ). The area is included in the National Register of Historic
Places.
2. Aoolicabilitv durina deve/oDment review orocess: county oroiects:
aariculture: waiver reauest.
a. Aoolicabilitv. Applications for a specific development
order as described in subsectionfsl 203.07 E.2.b throuah
deemed adeauate for review which have been submitted
prior to the adoption of this section are not reauired to
meet the provisions outlined in the applicable subsection,
However, subseauent applications for development
orders as described in subsectionfsl 2.03.07 E.2.b.
throuah k. shall complv with the reauirements of the
applicable subsection. Subsections 2.03.07 E.2.b. throuah
k. shall become effective upon the adoption, bv resolution.
of the map of areas of historical/archaeoloaical probabilitv
bv the board of countv commissioners.
b. Develooment of reaional imoact (OR/). The application for
development approval (ADA) for the proposed DRI shall
include correspondence from the applicant to the Florida
department of state, division of historic resources,
indicatina that the DRI is in Collier County's desianated
area of historical archaeoloaical probability. The ADA shall
also include an historical archaeoloaical survev and
assessment. if reauired bv the division of historic
resources. The survev and assessment is subiect to review
bv the Countv Manaaer or desianee, and
recommendations shall be presented to the Collier Countv
plannina commission and the board of countv
Page 11 of 44
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commissioners for consideration for incorooration into the
local development order. The recommendations shall also
be provided to the preservation board. The preservation
board shall be provided the opportunitv to present its
recommendations to the plannina commission and board
of countv commissioners at their public hearinas.
c. Reauests for land use chanae. Propertv under
consideration for a rezone or conditional use which is
within an area of historicallarchaeoloaical probability shall
have an historical/archaeoloaical survev and assessment
prepared bv a certified archaeoloaist to be submitted bv
the applicant with the land use chanae reauest application
and is subiect to review bv the Countv Manaaer or
desianee. The Countv Manaaer or desianee's
recommendations derived from the review of a survev and
assessment submitted bv the applicant shall be presented
to the Collier County plannina commission and the board
of countv commissioners for consideration for incorporation
into the local development order. The recommendations
shall also be provided to the preservation board. The
preservation board shall be provided the opportunitv to
present its recommendations to the plannina commission
and board of countv commissioners at their public
hearinas.
d. Buildina oermits. Buildina permits issued for new
structures on propertv located within an area of
historical/archaeoloaical probabilitv shall be accompanied
by a notice that indicates the propertv is within the area of
historicall archaeoloaical probabilitv. The notice shall
describe the potential for historical and archaeoloaical
sites, structures, artifacts, or buildinas, and shall
encouraae the preservation of such sites, provide
reference to applicable state and local laws. and provide
reference reaardina whom to contact in the event an
historical/archaeoloaical site, structure, artifact or
buildina is discovered.
e. Preliminarv subdivision olat. Submittal for a preliminarv
subdivision plat within an area of historical/archaeoloaical
probabilitv but not subiect to subsections b throuah c shall
include a historicallarchaeoloaical survey and assessment
prepared by a certified archaeoloaist. The preservation
board shall review the recommendations derived from the
survev and assessment and submit their recommendations
to the Collier Countv Board of County Commissioners for
consideration for incorporation into the local development
order.
f Final subdivision olat or site develooment olan (SOP).
Submittal for a final subdivision plat. includina construction
documents or site development plan (SOP) within an area
of historical/archaeoloaical probabilitv but not subiect to
subsections b, c, or e of this section shall include a
historical/archaeoloaical survey and assessment prepared
bv a certified archaeoloaist. The preservation board shall
review the recommendations derived from the survev and
assessment which shall be incorporated into the final
subdivision plat and construction document.
a. Reserved.
h. Countv oroiects. Countv-sponsored proiects, which are
located within an area of historical/archaeoloaical
probabilitv shall have an historicallarchaeoloaical survey
and assessment prepared bv a certified archaeoloa ist. The
countv shall complv with all recommendations outlined in
Page 12 of 44
Words stmek tHrough are deleted, words underlined are added
the historical/archaeoloqical survev and assessment. A
copv of the historical! archaeoloaical survev and
assessment shall be provided to the preservation board
members.
i. AGricultural lands. Owners of aaricultural land within an
area of historical! archaeoloaical probabilitv filina a notice
of commencement application for active aaricultural
production shall be notified in writina bv development
services staff that the land is in an area of
historical/archaeoloaical probabilitv and that an
historical/archaeoloaical survev and assessment prepared
by certified archaeoloaist is reauired. The Countv Manaaer
or desianee shall not issue a notice of commencement
until the historical!archaeoloaical survev and assessment
has been completed. The property owner shall adhere to
all recommendations provided bv the
historical!archaeoloaical survey and assessment.
I. Waiver reauest. Properties located within an area of
historical/archaeoloaical probabilitv with low potential for
historical!archaeoloQical sites mav petition the County
Manaaer or desianee to waive the reauirement for an
historical/archaeoloaical survev and assessment. The
waiver application shall be in a form provided bv the
communitv development services division. The Countv
Manaaer or desianee shall review and act upon the waiver
reauest within five workina days of receivina the
application. The waiver reauest shall adeauately
demonstrate that the area has low potential for
historical!archaeoloaical sites. Justification shall include,
but not be limited to, an aerial photoaraph interpretation, a
description of historical and existina land uses, and an
analysis of land cover, land formation, and veaetation. The
Countv Manaaer or desianee mav denv a waiver, arant the
waiver, or arant the waiver with conditions. He shall be
authorized to reauire examination of the site bv an
accredited archaeoloqist where deemed appropriate. The
applicant shall bear the cost of such an evaluation by an
independent accredited archaeoloaist. The decision of the
County Manaaer or desianee reaardina the waiver reauest
shall be provided to the applicant in writina. In the event of
a denial of the waiver reauest. written notice shall be
provided statina the reasons for such denial. Anv party
aaarieved bv a decision of the Countv Manaaer or
desiqnee reaardina a waiver reauest mav appeal to the
preservation board. Any partv aaqrieved bv a decision if
the preservation board reaardina a waiver reauest mav
appeal that decision to the board of countv commissioners
utilizina the procedure outlined in section k.
k, Previouslv comoleted survev and assessments. A survev
and assessment completed bv a certified archaeoloaist
prior to the enactment of this section which is in
accordance with the survev and assessment reauirements
outlined in section m may at the discretion of the property
owner be utilized to meet the reauirements of this section.
The survev and assessment shall be provided to the
Countv Manaaer or desianee and shall be subiect to the
procedure as outlined in section a throuah section i above.
I. Historical/archaeoloGical survev and assessment
comoonents. Historical/archaeoloaical survevs and
assessments reauired bv this section shall be consistent
with accepted professional procedures and practices as
outlined in the historic preservation compliance review
proaram of the Florida Department of State, Division of
Historical Resources: and Standards and Guidelines for
Page 13 of44
Words stmek throHgn are deleted, words underlined are added
ArchaeoloGY and Historic Preservation (48 FR 44716)
Subsections m and n shall become effective upon the
adoption, bv resolution, of the map of areas of
historical/archaeoloaical probability by the board of countv
commissioners.
m.. Survev and assessment comoonents. Survevs and
assessments shall include at a minimum:
I. Title paae:
il. Table of contents:
iil. Report, title and authors:
iv. Statement of aualification for each author:
v. Description of the proiect location in terms of aeoloaic
and phvsioaraphic features, the environment. and
land use historv:
vI. Description of field and laboratory methodoloav:
viI. Description of sites located:
a) Sianificance determination:
viiI. Recommendations as to further assessment work,
site preservation, or mitiaation:
ix. Appendices:
a) Florida Master Site File forms.
n. Sianificance determination. A sianificance determination of
specific sites as reauired by subsection m, item viI. a. of
this section shall be based on National Reaister of Historic
Places eliaibilitv criteria, as follows:
I. The aualitv or sionificance in American historv,
architecture, archaeoloav, enaineerina and culture
is present in districts, sites, buildinas, structures
and proiects that possess intearitv of location,
desian, settina, materials, workmanship: and
il. That are associated with events that have made a
sianificant contribution to the broad patterns of our
historv: or
iil. That are associated with the lives of persons
sianificant in our past: or
iv. That embodv the distinctive characteristics of a
tvpe. period or method of a tvpe, period, or method
of construction, or that represent the work of a
master, or that possess hiah artistic values, or that
represent a sianificant and distinauishable entitv
whose components mav lack individual distinction:
Q1.
v. That have yielded, or may be likely to vield,
information important in prehistorv or historv: or
vI. In addition, the importance of
historical/archaeoloaical resources to local. county,
and state historv or prehistorv shall be considered
in a sianificance determination.
Page 14 of 44
Words slrHek IhroHgh are deleted, words underlined are added
o. Desianation of historical/archaeoloaical sites. structures,
districts, buildinas and orooerties.
P. In addition to the areas of historical/archaeoloaical
probabilitv outlined in subsection 2.03.07 E.1.. specific
sites, districts, structures, buildinas. and properties mav
also be desianated. Such desianation will be based on the
followina criteria:
i. Association with distinctive elements of the cultural.
social, ethnic, political. economic, scientific,
reliaious, prehistoric and architectural historv that
have contributed to the pattern of historv in the
communitv, Collier Countv, the state or the nation:
or
ii. Association with the lives of persons sianificant in
historv: or
iii. Embodiment of the distinctive characteristics of a
type, period, method or materials of construction, or
that possess hiah artistic values, aualitv of desian
and craftsmanship, or that represent an individual
architect or builder's prominence or contribution to
the development of Collier County, Florida: or
iv. Location of historic or prehistoric activities such as
habitation, reliaious, ceremonial. burial. fortification,
etc.. durina a particular period of time, and mav
maintain a sufficient dearee of environmental
intearitv to reflect some aspect of the relationship of
the site's oriainal occupants to the environment: or
v. An historic or prehistoric site which has been
severelv disturbed but which mav still allow useful
and representative data to be recovered: or
vi. Have vielded or are likelv to vield information on
local historv or prehistorv: or
vii. Derive their primarv sianificance from architectural
or artistic distinction of historical importance: or
viii. Is the birthplace or arave of an historical fiaure or is
a cemeterv which derives its primary sianificance
from araves of persons of transcendent importance,
from aae, distinctive desian features, or from
association with historic events: or
ix. A buildina or structure removed from its location
which is primarily sianificant for architectural value,
or is the survivina structure most importantlv
associated with an historic period, person or event:
or
x. A propertv primarily commemorative in intent if
desian, aae, tradition or symbolic value has
invested it with its own historical sianificance: or
xi. Are listed in the National Reaister of Historic
Places.
a. The desianation of specific sites, structures, buildinas,
districts, and properties mav be initiated bv the
preservation board or by the propertv owner. Upon
consideration of the preservation board's report. findinQs,
and recommendations and upon consideration of the
criteria and auidelines set forth in section
Page 15 of44
Words strHek tILeHgh are deleted, words underlined are added
203.07 E , the Board of County Commissioners shall
approve, bv resolution, or denv a petition for historic
desianation, The application shall be in a form provided bv
the Countv Manaaer or desianee. Propertv owners of
record whose land is under consideration for desianation
initiated bv the preservation board shall be provided two
notices bv certified mail return receipt reauested, at least
30 davs but no more than 45 davs prior to anv hearina
reaardina the historic desianation by the preservation
board or the board of countv commissioners. The first
notice shall provide all pertinent information reaardina the
desianation and the preservation board's scheduled
meetina date to consider the site. The second notice shall
indicate when the board of county commissioners will
consider official desianation of the site. Notice of
public hearina shall be advertised in a newspaper of
aeneral circulation 15 davs prior to the public hearina for
the Board of County Commissioners. Each desianated site,
district. structure, propertv or buildina shall have a data
file maintained bv the preservation board. The file shall
contain at a minimum: site location: the historical. cultural.
or archaeoloaical sianificance of the site: and the specific
criteria from this section aualifvina the site. An official
listina of all sites and properties throuahout Collier Countv
that reflect the prehistoric occupation and historical
development of Collier Countv and its communities,
includina information, maps, documents and photoaraphic
evidence collected to evaluate or substantiate the
desianation of a particular site, structure, buildina,
propertv or district shall be maintained at the Collier
Countv Museum. The Collier Countv Museum shall
coordinate preservation and or restoration efforts for any
historical/archaeoloaical desianated buildina, structure,
site, propertv. or district that is donated to or acauired bv
Collier Countv for public use.
r. Issuance of certificates of appropriateness. A certificate of
appropriateness shall be issued bv the preservation board
for sites desianated in accordance with subsection p
before issuance of permits bv the countv to alter, excavate,
relocate, reconstruct or demolish. The certificate of
appropriateness shall be issued prior to the issuance of
buildina, tree removal. or demolition permits.
s. A certificate of appropriateness shall also be issued prior to
the issuance of buildina permits for new construction
within an historicallarchaeoloqical district desianated in
accordance with subsection 2. P. to ensure harmonious
architectural desian and to preserve the intearity of the
historical/archaeoloaical district.
t. The application for certificate of appropriateness shall be in
a form provided bv the community development services
division. The completed application shall be provided to
the Countv Manaaer 20 davs prior to the reaular monthlv
meetina of the preservation board who shall schedule the
application for consideration at the next reqularlv
scheduled meetina. The preservation board shall meet and
act upon an application for a certificate of appropriateness
within 60 davs of receipt of the application from the
communitv development services division. The
preservation board shall approve the application, denv the
application. or approve the application with conditions.
u. Ordinarv repairs and maintenance as defined in section
1.08.02 are not reauired to obtain a certificate of
appropriateness.
Page 16 of44
Words stmek threHgh are deleted, words underlined are added
v. Criteria for issuance of a certificate of appropriateness
shall be the U.S. Secretarv of the Interior's Standards for
Rehabilitation, 36 CFR 67 (1983). as amended. The
communitv development services division shall maintain
and make available to the public updated copies of the
Standards for Rehabilitation.
w. All decisions of the preservation board shall be in writina
and include findinas of fact. Notice of the decision shall be
provided to the applicant. and to the Countv Manaaer or
desianee.
X. Anv partv aaarieved bv a decision of the preservation
board mav appeal the decision as outlined in subsection
99-.
v. Incentives. The followina incentives mav be applicable to
specific sites, structures, districts, buildinas and
properties desianated as archaeoloaically or historicallv
sianificant pursuant to section o.
z. Financial assistance. Historical/archaeoloaical desianated
sites, districts, structures, buildinas. and properties as
provided in section p shall be eliaible for anv financial
assistance set aside for historic preservation proiects bv
the State of Florida or the federal aovernment. provided
thev meet the reauirements of those financial assistance
proarams.
aa. Tax credits. The preservation board shall encouraae and
assist in the nomination of eliaible income-producina
properties to the National Reaister of Historic Places in
order to make available to those propertv owners the
investment tax credits for certified rehabilitations pursuant
to the Tax Reform Act of 1986 and anv other proarams
offered throuah the National Reaister.
bb. Buildina code. Historical/archaeoloaical sites, districts,
structures, buildinas, and properties desianated pursuant
to subsection 0 may be eliaible for administrative variances
or other forms of relief from applicable buildina codes as
follows:
cc. Repairs and alterations. Repairs, alterations and additions
necessarv for the preservation, restoration, rehabilitation or
continued use of a buildina or structure mav be made
without conformance to the technical reauirements of the
Standard Buildina Code when the proposed work has been
issued a certificate of appropriateness bv the preservation
board and approved bv the Countv Manaaer or desianee,
pursuant to the authoritv aranted to the County Manaaer or
desianee bv other divisions or statutes and further
provided that:
i. The restored buildino will be no more hazardous
based on consideration of life, fire and sanitation
safetv than it was in its oriainal condition.
ii. Plans and specifications are sealed bv a Florida
reaistered architect or enaineer, if reauired bv the
buildina official.
iii. The Countv ManaQer or desiQnee has required the
minimum necessarv correction to be made before
use and occupancy which will be in the public
interest of health, safetv and welfare,
Page 17 of44
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dd. Zoninq ordinance. The County Manaaer or desianee may,
bv written administrative decision, approve anv variance
reauest for anv desianated historical/archaeoloaical site,
district. structure. buildina and propertv pursuant to
section a which has received a certificate of
appropriateness from the preservation board for matters
involvina setbacks, lot width. depth, area reauirements.
land development reaulations, heiaht limitations, open
space reauirements, parkina reauirements, and other
similar zonina variances not related to a chanae in use of
the property in auestion. In addition, contributina proiects
as defined in section 1.08.02 are eliaible for administrative
zonina ordinance variances.
i. Before arantina an administrative variance the
Countv Manaaer or desianee must find:
a) That the variance will be in harmonv with
the aeneral appearance and character of
the communitv.
b) That the variance will not be iniurious to the
area involved or otherwise detrimental to
the public health, safetv or welfare.
c) That the proposed work is desianed and
arranaed on the site in a manner that
minimizes visual impact on the adiacent
properties.
ii. In arantina anv variances, the Countv Manaaer or
desianee mav prescribe anv appropriate conditions
necessarv to protect and further the interest of the
area and abuttina properties, includina but not
limited to:
a) Landscape materials, walls and fences as
reauired bufferina.
b) Modifications to the orientation of points of
inaress and earess.
c) Modifications of site desian features,
ee. Open space. Historicallarchaeoloaical resources that are to
be preserved mav be utilized to satisfv reauired setbacks,
buffer strips or open space UP to the maximum area
reauired bv development reaulations. Conservation of such
historic or archaeoloaical resources shall aualifv for anv
open space reauirements mandated bv the development
reaulations.
ff. Densitv calculations. Acreaae associated with
historical/archaeoloaical resources preserved within the
boundaries of a proiect shall be included in calculatina the
proiect's permitted density
aa, Appeal. Anv partv aaarieved bv a decision or interpretation
of this division made bv the Countv Manaaer or the
preservation board shall have the riaht to appeal said
interpretation, decision or denial to the Board of County
Commissioners bv filina a written notice of appeal with the
Countv Manaaer within 30 workina davs from the date of
such decision, interpretation. or denial. The Countv
Manaaer shall provide the Board of Countv Commissioners
with a copv of said notice of appeal. The notice of appeal
shall be provided to the applicant bv certified mail. return
receipt reauested, and shall state the decision which is
Page 18 of44
Words strHek IhfeHgh are deleted, words underlined are added
beina appealed, the arounds for the aooeal. and a brief
summarv of the relief which is souaht. Within 30 workina
davs of the date of filina the appeal. or the first reaular
countv commission meetina which is scheduled, whichever
is latest in time, the Board of Countv Commissioners shall
hear the appeal and issue a final decision. Nothina
contained herein shall preclude the countv commissioners
from seekina additional information prior to renderina a
final decision..
hh. Reserved.
ii. Discoverv or accidental disturbance of
historical/archaeoloaical sites and proDerties durina
construction. If, durina the course of site c1earina,
excavation or other construction activitv, an historic or
archaeoloaical artifact. or other indicator is found, all
development within the minimum area necessarv to protect
the discoverv shall be immediatelv stopped and the
followina procedures shall be followed:
a) The Countv Manaaer or desianee and code
enforcement shall be contacted.
b) The Countv Manaaer or desianee shall officiallv
notifv the propertv ownerldeveloper of the
discovery within 24 hours and shall issue a stop
work order.
c) A certified archaeoloaist contracted bv the propertv
owner/developer shall determine whether the
discoverv site reauires further investiaation based
upon the size and distribution of this site, depth of
deposits, soil tvpe, veaetation, and topoaraphv.
i) If the site reauires further investiaation, the
certified archaeoloaist shall cordon off the
identified area, at a point ten feet from the
perimeter of the discoverv site.
ii) If the discoverv site does not reauire further
investiaation, construction activity mav
resume after authorization bv a certified
archaeoloaist.
d) The certified archaeoloaist shall make
recommendations for the treatment of accidental
discoveries based on standards outlined in the
'Treatment of Archaeoloaical Properties" in
accordance with 36 CFR part 800, as amended.
These recommendations shall be considered for
incorporation into the applicable local development
order.
e) The certified archaeoloaist shall expeditiously
assess the cordoned-off area and determine
whether it is sianificant based on criteria outlined in
section n.
i) If the identified area is determined to be
sianificant. an historical/ archaeoloaical
survev and assessment shall be prepared
bv a certified archaeoloaist for the entire
proiect if one has not been completed as
reauired bv this division. The certified
archaeoloaist's recommendations derived
from his survev and assessment shall be
considered for incorporation into the
Page 19 of44
Words SlrHek throHgh are deleted, words underlined are added
applicable local development order. If an
historical/archaeoloQical survev and
assessment has been prepared in
accordance with section m and section n,
the recommendations shall be modified and
incorporated into the local development
order to reflect the additional site(s).
iO If the identified area is determined not to be
sianificanl. a preliminarv survev of the entire
proiect shall be conducted bv a certified
archaeoloaist. Anv sites determined to be
sianificant durina the preliminarv survev
shall be subiect to reauirements in section
E. Construction activitv within the cordoned-
off area mav continue after all necessarv
artifacts and indicators have been recorded
and upon authorization bv a certified
archaeoloaist.
fl The certified archaeoloaist shall prepare a report
outlinina the results of his assessment and provide
a copv to the Countv Manaaer or desianee, The
Countv Manaaer or desianee shall provide a copv
of the report to the preservation board members.
0) Land areas in close proximitv to the discoverv site
deemed to have historical/archaeoloaical
sianificance based on the criteria in section n shall
be considered bv the preservation board for
addition to the map of areas of
historical/archaeoloaical probabilitv.
ii. Discoverv of historical or archeoloaical sites and properties
durina site inspection. If, durina a proiect review site
inspection. an historic or archaeoloaical site, sianificant
artifact. or other indicator is found, the followina
procedures shall be implemented.
r. The proiect review staff shall cordon off the
immediate area and contact the Countv Manaaer or
desianee.
ii. The identified area shall be further cordoned off at a
point ten feet from the perimeter of the discoverv
site as identified bv a certified archaeoloaist.
contracted bv the propertv owner/developer.
ili. The certified archaeoloaist shall assess the
identified area and determine whether it is sianificant
based on criteria outlined in subsection n.
a) If the identified area is determined to be
sianificanl. an historical/ archaeoloaical
survev and assessment for the entire
proiect shall be prepared bv a certified
archaeoloaist if one has not been completed
as reauired bv this division.
Recommendations derived from the
historical/archaeoloaical survev and
assessment shall be considered for
incorporation into the applicable
development order. If an
historical/archaeoloaical survev and
assessment has been prepared in
accordance with section E, the
recommendations shall be modified and
Page 20 of 44
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incorporated into the local develooment
order to reflect the additional areas.
b) If the identified area is determined not to be
sianificant. the certified archaeoloaist shall
complete a preliminarv survey of the entire
site. Anv areas determined to be sianificant
durina the preliminarv survev shall be
subiect to the reauirements detailed in
section iL item iiLa.
IV, Land areas in close proximitv and encompassina
areas deemed to have historical/archaeoloaical
sianificance based on criteria in subsection n shall
be considered bv the preservation board for
addition to the map of areas of
historical/archaeoloaical probability.
v. The certified archaeoloaist shall prepare a report
outlinina the results of his assessment and provide
a copv to the Countv Manaaer or desianee. The
Countv Manaaer or desianee shall provide a copv
of the report to the preservation board members.
kk. Willful disturbance of historical/archaeolooicallv sionificant
sites, districts. structures, buildinas, and properties.
Willful lootina, pillaaina. vandalizina or desecration, as
defined by this division. of historical/archaeoloaically
sianificant sites, districts, structures, buildinas, and
properties constitutes a violation punishable as described
in subsection 00.
II. Willful disturbance of an unmarked burial or burial site. It is
a violation of section E for anv person to willfullv and
knowinalv disturb an unmarked burial or burial site, or
destroy, mutilate, deface, iniure or remove anv burial
mound, earthen or shell monument containina human
skeletal remains or associated burial artifacts or other
structures or items placed or desianed for a memorial. or
to disturb the contents of a tomb or arave or for anv person
to have knowledae that an unmarked human burial is
beina disturbed, vandalized, or damaaed and to fail to
notifv the local law enforcement aaencv with iurisdiction in
the area. Such actions may also be punishable as a felonv
pursuant to F.S. ch. 872, as amended.
mm. Appeals. Anv partv aaarieved bv a decision or
interpretation of this reaulation made bv the Countv
Manaaer or the preservation hoard shall have the riaht to
appeal said interpretation, decision or denial to the Board
of Countv Commissioners bv filina a written notice of
appeal with the County Manaaer within 30 workina davs
from the date of such decision, interpretation, or denial.
The Countv Manaaer shall provide the Board of Countv
Commissioners with a copv of said notice of appeal. The
notice of appeal shall be provided to the applicant bv
certified mail. return receipt reauested, and shall state the
decision which is beina appealed, the arounds for the
appeal. and a brief summarv of the relief which is souaht.
Within 30 workina davs of the date of fHina the appeal. or
the first reaular countv commission meetina which is
scheduled, whichever is latest in time, the Board of Countv
Commissioners shall hear the appeal and issue a final
decision. Nothina contained herein shall preclude the
county commissioners from seekina additional information
prior to renderina a final decision.
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nn. Jurisdiction. Section E shall applv to all unincorporated
areas of Collier Countv, Florida.
00. Penalties. A violation of the provisions of section E shall
constitute a misdemeanor and shall be prosecuted in the
name of the state in the countv court bv the prosecutina
attorney, and upon conviction shall be punishable bv civil
or criminal penalties includina a fine of not more than
$500.00 per violation per day for each day the violation
continues or whatever reasonable amount as a iudae mav
feel appropriate and includina a reauirement that any work
or development performed contrarv to section E must be
removed and the propertv returned to its condition at
commencement of said action. The Board of Countv
Commissioners shall have the power to collaterallv enforce
the provisions of section E bv appropriate iudicial writ or
proceedina notwithstandina any prosecution as a
misdemeanor.
State law reference-Penaltv for ordinance violations, F.S. & 125.69.
(Ord, No. 92-73, & 2; Ord. No, 94-58. & 3,10-21-94)
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H. Santa Barbara Commercial Overlay District "SBCO". Special conditions
for properties abutting the east side of Santa Barbara Boulevard and the
west side of 55th Terrace S.W., as referenced in the Santa Barbara
Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master
Plan. This is referenced as figure 2.03.07 H. below.
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4. These regulations apply to properties abutting the east side of
Santa Barbara Boulevard and the west side of 55th Terrace S.W"
lying north of 27th Court S.w. and south of 22nd Place S.w., all in
Golden Gate City, and consisting of approximately twentv-two (22)
eleven (11) acres. These properties are identified on Map 7 of the
Golden Gate Area Master Plan. Except as provided in this
regulation, all other use, dimensional, and development
requirements shall be as required or allowed in the underlying
zoning categories.
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N. Gateway Triangle Mixed Use Overlay District. Special conditions for the
properties in and adjacent to the Gateway Triangle as referenced on
GTMUD Map 1; and further identified by the designation "GTMUD" on the
applicable official Collier County Zoning Atlas Map or map series,
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5. Gateway Triangle Mixed Use District (GTMUD) Subdistricts.
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c. Mixed Use Activity Center Subdistrict. Portions of the
Gateway Triangle Mixed Use District coincide with Mixed
Use Activity Center #16 designated in the Future Land Use
Element (FLUE) of the Collier County Growth Management
Plan. Development e;tanaaras in the activity center is are
governed by r-e(1lJiromenle; of the underlying zoning district
requirements and the mixed use activity center subdistrict
requirements in the FLUE, except for site development
standards as stated in section 4.02.35 of this Code.
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SUBSECTION 3.C.
AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING
DISTRICTS
Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.08 Rural Fringe Zoning Districts
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A. Rural Fringe Mixed-Use District (RFMU District).
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3. Neutral lands. Neutral lands have been identified for limited
semi-rural residential development. Available data indicates that
neutral lands have a higher ratio of native vegetation, and thus
higher habitat values, than lands designated RFMU receiving
lands, but these values do not approach those of RFMU sending
lands. Therefore, these lands are appropriate for limited
development, if such development is directed away from existing
native vegetation and habitat. Within neutral lands, the
following standards shall apply:
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a. Allowable uses. The following uses are permitted as of
right:
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(3) Conditional Uses. The following uses are
permissible as conditional uses subject to the
standards and procedures established in section
10.08.00.
(a) Zoo, aquarium, botanical garden, or other
similar uses.
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(h) Facilities for the collection, transfer,
processing, and reduction of solid waste.
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(I)
Faoilities for the oolleGtion,
f3roeessing, and reduetien of solid
transfer,
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SUBSECTION 3.D.
AMENDMENTS TO SECTION 3.02.03 APPLICABILITY
Section 3.02.03 Applicability, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.03 Applicability
This section shall apply to all areas of special flood hazard in the
unincorporated area of the County, and identified by the Federal Insurance
Administration in its flood insurance rate map (FIRM), dated June J, Hl!l6 November
17, 2005, and any revisions thereto.
SUBSECTION 3.E.
AMENDMENTS TO SECTION 3.02.05 BASIS FOR ESTABLISHING
AREAS OF SPECIAL FLOOD HAZARD
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Section 3.02.05 Basis for Establishing the Areas of Special Flood Hazard, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
3.02.05 Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard, are identified by the Federal Insurance
Administration, in a scientific and engineering report entitled "The flood insurance
study" for the County's unincorporated area, dated June 3, 1986, with accompanying
FIRM, dated June d, 198€! November 17, 2005. The flood insurance study and
accompanying FIRM shall be on file and be open for public inspection in the office of the
Clerk to the BCC located in Building "F", Collier County Courthouse, 3301 Tamiami Trail,
East, Naples, Florida ddB€!2 34112.
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SUBSECTION 3.F.
AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a
minimum, the preservation standards contained within this section.
A. General standards and criteria.
1. The preservation of native vegetation shall include canopy, under-
story and ground cover emphasizing the largest contiguous area
possible, except as otherwise provided in section 3.05.07 H.1.e.
2. Areas that fulfill the native vegetation retention standards and
criteria of this Section shall be set aside as preserve areas,
SUbject to the requirements of section 3.05.07 H. Single family
residences are exempt from the requirements of section 3.05.07
H.
3. Native veaetation to be retained as Ppreserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.:
a. Wetland or upland Aareas known to be utilized by listed
species or that serve as corridors for the movement of
wildlife;
!;L Xeric Scrub, Dune and Strand, Hardwood Hammocks:
fa. Onsite wetlands having an accepted functionalitv WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
gc. Any upland habitat that serves as a buffer to a wetland
area as defined in section 3.05.07 A.3.c above;
d. listeE!l'llant and animal sl'lcaies habitats;
c. Xeric Ssrub;
f. Dune anE! StranE!, HarE!'....aoE! Hammocks;
~lJ. Dry Prairie, Pine Flatwoods; and
fll. All other ul'llanE! native habitats.
i. E)dsting native 'iegetatien 10Gated sontigueus to a natural
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reservatieA,
4. Preservation areas shall be interconnected within the site and to
adjoining off-site preservation areas or wildlife corridors.
5. To the greatest extent possible, native vegetation, in quantities
and types set forth in section 4.06.00, shall be incorporated into
landscape designs in order to promote the preservation of native
plant communities and to encourage water conservation.
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SUBSECTION 3.G.
AMENDMENTS TO SECTION 4.02.15 SAME--DEVELOPMENT IN THE
SBCO DISTRICT
Section 4.02.15 Same--Development in the SBCO District, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
4.02.15 Same--Development in the SBCO District
A. The standards described in this section shall apply to all uses in this
overlay district.
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2. Existing residential uses must cease to exist no later than
seven tefl years after the effective date of the adoption of the
amended Santa Barbara Commercial Subdistrict in the
Golden Gate Area Master Plan (Januarv 11. 2005) (/\pril 19,
~, This does not require the removal of the residential
structures if they can be, and are, converted to uses
permitted in this district, within one additional year. This
requirement to cease existing residential uses does not
apply to dwelling units which 'IIore owner-occupied
dwellina units as of /\priI19, 1999.
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SUBSECTION 3.H.
AMENDMENTS TO SECTION 5.06.02 PERMITTED SIGNS
Section 5.06.02 Permitted Signs, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.06.02 Permitted Signs
A. Signs within residential zoned districts and as applicable to residential
designated portions of PUD zoned properties.
1. Development standards.
a. Maximum allowable height. All signs within residential
zoned districts and as applicable to residential designated
portions of PUD zoned properties are limited to a
maximum height of eight feet, or as provided within this
Code. Height shall be measured from the lowest centerline
grade of the nearest public or private R.O.W, or easement
to the uppermost portion of the sign structure.
b. Minimum setback. All signs within residential zoned
districts and as applicable to residentially designated
portions of PUD zoned properties shall not be located
Page 25 of 44
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closer than ten feet from the property line, unless
otherwise noted below or as provided for in section 1.04.04
C. as determined by the county for safety and operation.
2, Real estate signs. The following signs classified as real estate
signs shall be permitted in residential districts subject to the
following.
a. One ground sign with a maximum height of six feet or wall
"For Sale," For Rent," or similar sign, with a maximum of
four square feet in size, per street frontage for each
parcel, or lot less than one acre in size. Said sign shall be
located no closer than ten feet from any adjacent
residentially used property and may be placed up to the
property line abutting a right-of-way, provided it is a
minimum of ten feet from the edge of pavement. (No
building permit required.)
b. One ground sign with a maximum height of eight feet or
wall "For Sale," "For Rent," or similar sign, with a maximum
of 12 square feet in size, per street frontage for each
parcel, or lot one to ten acres in size. (No building permit
required.)
c. One pole sign with a maximum height of 15 feet or wall
"For Sale," "For Rent," or similar sign, with a maximum of
64 square feet in size, per street frontage for each parcel
or lot in excess of ten acres in size. (Buildina permit
reauired. )
d, Real estate signs shall not be located closer than ten feet
from any property line. In the case of undeveloped parcels
where the existing vegetation may not allow the location of
the sign ten feet from the property line, the County
Manager or his designee may allow a reduction in the
amount of the required setback however, in no case shall
said sign be located closer than five feet from any property
line unless authorized by the board of zoning appeals
through the variance process.
e. Real estate signs shall be removed when an applicable
temporary use permit has expired, or within seven days of
any of the following conditions: ownership has changed;
the property is no longer for sale; rent or lease; or, the
model home is no longer being used as a model home.
f. A sign advertising that a property has been sold or leased
shall not be displayed for more than 14 days after it is
erected.
~ Temporarv Open House Sians.
~ Off-premises open house sians.
1. Sians mav only be displayed on supervised open
house days, between the hours of 10:00 a.m. and
5:00 p.m. No flaas, pennants, balloons, or other
attention type devices may be used with such
sians and thev shall not be liahted or illuminated in
anv manner.
iL. One sian mav be placed in the public riaht-of-wav
abuttina the subiect propertv no closer than 10 feet
from the edae of the road. (No buildina or riaht-
of-way permit reauired.)
iii. Two sians mav be placed within the public riaht-
of-wav providina direction to a supervised open
Page 26 of 44
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house that is available for immediate viewina and
examination bv prospective buvers, renters, andlor
lessees. Such silins shall be located no closer
than 100 feet from another silln providina direction.
(No buildinll or rillht-of-wav permit reauired.)
iv. Silins shall not exceed 4 sauare feet in copv area
and 4 feet in heiaht: however. anv such sian
placed at an intersection mav not exceed 29 inches
in heiaht as per section 6.05.05 of this Code.
'L. Silins mav be placed in the riaht-of-wav no closer
than 10 feet from the edae of the road and shall not
interfere with the visibilitv of pedestrians or
motorists. Additionallv, sians shall not be located
within anv median.
vi. Each sian must bear the name of the real estate
brokeraae firm, or the propertv owner's name if bv
owner, and the local telephone number where thev
can be contacted.
vii. Sian Removal. Retrieval. and Disposal. Off-
premises open house sians shall be prohibited
except as specified above. Anv such sian found to
be in violation of this section shall be removed bv
the Countv Manaaer or desianee. All such
removed sians are subiect to disposal bv the
Countv. This section shall not inhibit nor prevent
anv other enforcement actions that mav be deemed
appropriate,
J ~. Model home signs. One on-premises sign for model homes,
approved in conjunction with a temporary use permit in any zoning
district not to exceed 8 feet in height and 32 square feet in size.
Model home sign copy shall be limited to the model name,
builder's name, name and address, phone number, price, logo,
and model home. Model home signs shall not be illuminated in
any manner. (No building permit required.)
4,2, Construction signs. All supports for such signs shall be securely
built, constructed, and erected and shall be located on the site
under construction, subject to the following:
a. One ground sign with a maximum height of six feet or wall
sign, with a maximum of four square feet in size, may be
used as a construction sign by the general contractor of
the development or as a permit board, within each front
yard for each parcel less than one acre in size. (No
building permit required.)
b. One ground sign with a maximum height of eight feet or
wall sign, with a maximum of 12 square feet in size, may
be used as a construction sign by the general contractor of
the development or as a permit board, within each front
yard for each parcel one to ten acres in size. (No building
permit required.)
c, One pole sign with a maximum height of 15 feet or wall
sign, with a maximum of 64 square feet in size, may be
used as a construction sign by the general contractor of
the development or as a permit board, within each front
yard for each parcel in excess of ten acres in size.
d. One ground or wall sign, with a maximum of four square
feet in size, may be used as a construction sign by each
contractor, lending institution, or other similar company
involved with the development, regardless of parcel size.
(No building permit required.)
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e. Advertising of any kind is not permitted on construction
signs.
a 2.. Residential directional or identification signs. Directional or
identification signs no greater than four square feet in size, and
located internal to the subdivision or development may be allowed
subject to the approval of the County Manager or his designee, or
his designee. Such signs shall only be used to identify the location
or direction of approved uses such as models or model sales
centers, club house, recreational areas, etc. These signs may be
clustered together to constitute a sign with a maximum area of 24
square feet and a maximum height of eight feet. Such clustered
signs shall require a building permit. For signage to be located
along the Golden Gate Parkway see section 2.03.07.
e I. On-premises signs within residential districts. Two ground signs
with a maximum height of eight feet or wall residential entrance or
gate signs may be located at each entrance to a multi-family,
single-family, mobile home or recreational vehicle park subject to
the following requirements:
a. Such signs shall contain only the name of the subdivision,
the insignia or motto of the development and shall not
contain promotional or sales material. Said signs shall
maintain a ten-foot setback from any property line unless
placed on a fence or wall subject to the restriction set forth
in section 5.03.02. Furthermore, bridge signs located on
private bridges directly leading to private communities shall
not be considered off-premise signs. Bridge signs
complying with the requirements of section 5.06.02 may be
substituted for ground or wall signs in residential districts.
b. The ground or wall signs shall not exceed a combined area
of 64 square feet, and shall not exceed the height or length
of the wall or gate upon which it is located.
c. Logos without any verbal content and similar architectural
features less than ten square feet in area not containing
any letters or numbers shall not be considered signs and
shall be allowed throughout the development. However,
should such architectural embellishments be located closer
than ten feet to any sign, then it should be considered an
integral part of the sign and shall be subject to the
restrictions of this section.
+- ~. Conditional uses within the residential and agricultural districts.
a. Conditional uses within the residential district are
permitted one wall sign with a maximum of 32 square feet.
Corner lots are permitted two such wall signs.
b. Conditional uses within the agricultural district in the
urban area, residential and estates districts with a street
frontage of 150 feet or more and a land area of 43,560
square feet or larger are permitted a ground sign with a
maximum height of eight feet and a maximum area of 32
square feet.
c, Bulletin boards and identification signs for public,
charitable, educational or religious institutions located on
the premises of said institutions and not exceeding 12
square feet in size. (No building permit required.)
d. The board of county commissioners may approve
additional signage as may be deemed appropriate during
the conditional use approval process.
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SUBSECTION 3.1.
AMENDMENTS TO SECTION 5.06.04 SIGN STANDARDS FOR
SPECIFIC SITUATIONS
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Section 5.06.04 Sign Standards for Specific Situations, of Ordinance 04.41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
5.06.04 Sign Standards for Specific Situations
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C. On-premise signs. On-premise pole signs, ground signs, projecting
signs, wall signs, and mansard signs shall be allowed in all
non residentially zoned districts subject to the restrictions below:
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12. Temporary signs. A permit is required to erect a The ere61ion of
aflJ' temporary sign shall requiro permitting as estaelished as set
forth in section 10.02.06 G. unless otherwise indisated provided
herein, Applicants for temporary sign permits shall pay the
minimum fee established for sai€I a temporarv sian permit.
Temporary signs shall be allowed subject to the restrictions
imposed by this section and other relevant parts of this Code.
a. Political signs. Political campaign signs ana posters shall
be permitted subject to the following requirements:
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vi. Political signs shall not be erected not more Ihan
48 calendar days prior to an olestion or politisal
El\IeAl;- until the close date of the aualifvina period
as set forth in Section 99.061, Florida Statutes as it
mav be amended and shall be removed within
5eVefI Z calendar days after termination of
candidacv due to withdrawal. elimination, or
election to the office or after the elostion, event, or
after tho sampaign approval or reiection of the
issue has occurred. been dosiaed.
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SUBSECTION 3.J.
AMENDMENTS TO SECTION 5.06.05 SIGNS EXEMPT FROM THESE
REGULATIONS
Section 5.06.05 Signs Exempt from These Regulations, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.05 Signs Exempt from These Regulations
In addition to those signs identified elsewhere in this Code, the following signs
are exempt from the permit requirements of this Code, and shall be permitted in all
districts subject to the limitations set forth below:
A. Signs required to be maintained or posted by law or governmental order,
rule, or regulation.
B. On-premises directional signs, not exceeding six square feet in area and
four feet in height, intended to facilitate the movement of pedestrians and
vehicles within the site upon which such signs are posted. On-premises
directional signs shall be limited to two at each vehicle access point and
a maximum of four internal to the development. Internal signs are not
intended to be readily visible from the road. Directional signs are also
subject to restrictions of section 5.06.04 C.13. of this Code.
C. One identification sign, professional nameplate, or occupational sign for
each professional office, or business establishment not to exceed two
square feet in sign area and placed flush against a building face or
mailbox side, and denoting only the name of the occupant and, at the
occupant's election, the occupant's profession or specialty and/or the
street address of the premise.
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H. One on J)romises sign not to OlU::eeEl four square foot in sizo. Such sign
shall not ee lecated within ten feot of any J)roJ)erty liRe, right of way or
easement. Temporarv open house sians (see subsection 5.06.02 A. 3.).
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X. Littoral Shelf Plantina Area sians, provided such sians do not violate
section 3.05.10 A.6 of this Code.
Y. Preserve Sians, provided such sians do not violate subsection 3.05.04 G
of this Code.
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SUBSECTION 3.K.
AMENDMENTS TO SECTION 5.06.06 PROHIBITED SIGNS
Section 5.06.06 Prohibited Signs, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.06.06 Prohibited Signs
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained,
any sign not expressly authorized by, or exempted from this Code. The following signs
are expressly prohibited:
A. Signs which are in violation of the building code or electrical code
adopted by Collier County.
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X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on,
where said sign is intended to attract or may distract the attention of
motorists for the purpose of advertising a business, product, service, or
the like, whether or not said vehicle is parked, or driven, excluding
emergency vehicles, county transit vehicles providina directional or route
information, taxi cabs, and delivery vehicles, where a roof mounted sign
does not exceed two square feet. This section shall not apply to magnetic
type signs affixed to or signs painted on a vehicle, provided said vehicle is
used in the course of operation of a business, and which are not
otherwise prohibited by this Code. It shall be considered unlawful to park
a vehicle andlor trailer with signs painted, mounted or affixed, on site or
sites other than that at which the firm, product, or service advertised on
such signs is offered.
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SUBSECTION 3.L.
AMENDMENTS TO SECTION 6.02.01 GENERALLY
Section 6.02.01 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.02.01 Generally
A. This section is intended to implement and be consistent with the GMP, S
163.3161 et seq., F,S., and the Florida Administrative Code, by ensuring that all
development in the County is served by adequate public facilities. This objective
is accomplished by the following:
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1. Establishing a management and monitoring system to evaluate and
coordinate the timing and provision of the necessary public facilities to
serve development.
2. Establishing a regulatory program that ensures that each public facility is
available to serve development concurrent with the impacts of
development on the public facilities.
3. No approval of the final subdivision plat, improvement plans, or
authorization to proceed with construction activities in compliance with the
same shall require the County to issue a development order or building
permit if it can be shown that issuance of said development order or
building permit will result in a reduction in the level of service for any
public facility below the level of service established in the GMP, or if
issuance of said development order or building permit is inconsistent
with the GMP. Anything in this section to the contrary notwithstanding, all
subdivision and development shall comply with the Collier County
requirements for adequate public facilities.
8. Procedures for determinations of vested rights for adequate public facilities are
set forth in Chapter 10.
C. Procedures for applications for certificates of public facility adequacy are set forth
in Chapter 10.
D. For the purposes of this section only, the following terms are defined as follows:
1. Capital access means the planning of, engineering for, acquisition of land
for, or the construction of drainage and water management facilities
necessary for proposed development to meet the (LOS) for access.
2. Capital drainaae facilities: The plannina of, enaineerina for, acauisition of
land for, or the construction of drainaae and water manaaement facilities
necessarv for proposed development to meet the LOS for drainaae
facilities.
~~. Capital road facilities or capital road improvement means and will include
transportation planning for, engineering of, right-of-way acquisition for,
and construction of any project eligible for inclusion as a road project in
the road component of the (CIE) of the GMP or the Five-Year FOOT Work
Program.
d1. Capital potable water facilities mean the planning of, engineering for,
acquisition of land for, or construction of potable water facilities necessary
to meet the LOS for potable water facilities.
4~, Capital sanitary sewer facilities mean the planning of, engineering for,
acquisition of land for, or construction of sanitary sewer facilities
necessary to meet the LOS for sanitary sewer facilities.
&Q. Capital solid waste facilities mean the planning of, engineering for,
acquisition of land for, or construction of solid waste facilities necessary
to meet the LOS for solid waste facilities.
ez' Comprehensive plan means a plan that meets the requirement of SS
163.3177 and 163.3178, F.S., and shall mean the GMP, where
referenced in this section.
+.e.. Constrained facilities are those road facilities which have been so
designated by action of the BCC upon the recommendation of the County
Manger or designee once it has been determined that the road facility will
not be expanded by two or more through lanes due to physical,
environmental, or policy constraints,
alt. Physical constraints exist when intensive land use development is
immediately adjacent to existing through lanes making road facility
expansion cost prohibitive, or when a road facility has reached the
maximum through lane standards acceptable the to the county. For
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county maintained facilities, the maximum through lane standard for a
road facility will be no greater than six through lanes with allowances for
auxiliary or service lanes as deemed operationally necessary. For state
maintained facilities, the maximum through lane standard will be as
designated by the FOOT.
910. Environmental and policy constraints exist when decisions are made not
to expand a road facility based on environmental, historical,
archeological, aesthetic or social impact considerations. Policy
constraints are artificial barriers to road facility expansions based on
environmental or political realities within a community. Unlike physical
constraints, however, these barriers to road facility expansion can change
over time, as needs and community goals change.
-'Hlll, Deficient road segment means a county or state road segment on the
major road network system that is operating below its adopted (LOS)
standard as determined by roadway service volumes calculated by the
County Manager or designee.
4412, Transportation Concurrency Management System means a "real time"
concurrency system that tracks and allocates the available roadway
capacity on a continuous basis with quarterly status reports to the Board.
Trips generated from proposed developments will be added to the trips
approved to date and the existing background traffic counts to determine
if there is available capacity for each new development to be approved,
in whole or part, as proposed development plans are submitted.
~13. Proportionate share payment means a payment by a developer to Collier
County to be used to enhance roadway operations, mass transit
operations or other non-automotive transportation alternatives.
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SUBSECTION 3.M.
AMENDMENTS TO SECTION 6.02.04 DRAINAGE FACILITY LEVEL OF
SERVICE REQUIREMENTS
Section 6.02.04 Drainage Facility Level of Service Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
6.02.04 Drainage Facility Level of Service Requirements
A. The LOS for capital assess drainaae facilities varies among new or
existing capital assess drainaae facilities owned or operated by a local
government or other public entity, existing capital assess drainaae
facilities owned or operated by private persons, and new capital drainaae
facilities owned or operated by private persons.
1. For those capital assess drainaae facilities (publicly or privately
owned) that are in existence on the effective date of this section
and for those new capital assess drainaae facility owned or
operated by a local government or other public entity, the LOS is
the existing LOS as identified (by design storm return frequency
event) in the Collier County Water Management Master Plan.
2, For new capital assess drainaae facilities owned or operated by
private persons, the LOS is identified in the GMP.
B. Determination of public facility adequacy for assess drainaae facilities
shall be granted if the proposed development has a drainage and water
management plan that has been approved by the County Manager orf
designee as meeting the LOS for G,Qapital aSS9SS drainaae facilities.
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SUBSECTION 3.N.
AMENDMENTS TO SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS
Section 6.06 01 Street System Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
6.06,01 Street System Requirements
A. The arrangement, character, and location of all streets shall conform to
the GMP and shall be considered in their relation to existing and
proposed streets, topographical conditions, public convenience, safety,
and in their appropriate relation to the proposed uses of the land to be
served by such streets.
B. The street layout of all subdivisions or developments shall be
coordinated with the street systems of the surrounding areas. adjacent
properties shall be provided with local street interconnections unless
topography, other natural features, or other ordinances/regulations do not
allow or require said connections. All arterial or collector streets shall
be planned to conform to the GMP. collector and arterial streets within
a development shall not have individual residential driveway
connections. Their location and right-of-way cross-section must be
reviewed and approved by the County Manager or designee during the
preliminary subdivision plat review process, All subdivisions shall
provide rights-of-way in conformance with the GMP and the right-of-way
cross-section contained in Appendix B. All streets shall be designed and
constructed to provide for optimum vehicular and pedestrian safety, long
service life, and low cost of maintenance.
C. Every subdivision or development shall have legal and adequate access
to a street dedicated for public use and which has been accepted for
maintenance by or dedicated to the State of Florida or the County, as
described in Chapter 10, When a subdivision or development does not
immediately adjoin such a street, the applicant shall provide access to the
development from a dedicated street in accordance with these regulations
and provide legal documentation that access is available to the project
site. .AII lots within a subdivision or development shall be provided legal
access to a street dedicated for public use.
1. Nothina in anv development order iDO) shall vest a riaht of
access in excess of a riaht-in/riaht-out condition at anv access
point. Neither shall the existence of a point of inaress, a point of
earess, or a median openina, nor lack thereof, be the basis for anv
future cause of action for damaaes aaainst the Countv bv the
developer , its successor in title, or assianee. Collier County
reserves the riaht to close any median openina existina at any
time which is found to be adverse to the health. safetv and welfare
of the public. Anv such modification shall be based on, but not
limited to, safetv, operational circulation and roadwav capacity.
2. Access points shown on a PUD Master Plan are considered to be
conceptual. The number of access points constructed mav be
less than the number depicted on the Master Plan: however, no
additional access points shall be considered unless a PUD
amendment is approved.
3. Site related improvements (as opposed to svstem related
improvements) necessarv for safe inaress and earess to this
proiect. as determined bv Collier County, shall not be eliaible for
impact fee credits. All improvements necessarv to provide safe
inaress and earess for construction-related traffic shall be in place
and operational prior to commencement of on-site construction.
D. The arrangement of streets in subdivisions or developments may be
required to make provision for the continuation of existing or proposed
collector or arterial streets to and from adjoining properties, whether
developed or undeveloped, and for their proper projection to ensure a
coordinated and integrated street system per requirements of the GMP,
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this LDC, or other ordinances and regulations, Where a subdivision or
development abuts an existing or proposed public arterial or collector
street, buffering shall be required per Chapter 4.
E Rural type roadway cross-sections shall only be considered for permitting
on a case-by-case basis. The design of a rural cross-section and its
required right-of-way width shall be based on the drainage characteristics
of the required swale section and the relationship of the maximum
stormwater flow line to the bottom of the subbase course of the roadway.
A detailed design report documenting these considerations shall be
submitted for review and approval by the County Manager or designee
prior to the approval of a rural roadway cross-section.
F. All public and private streets requiring a design capacity which exceeds
the roadway cross-sections established herein for a minor collector shall
be coordinated by the County Manger or designee prior to the approval of
the project's improvement plans and final subdivision plat.
G. Use of local streets by cut-through traffic shall be discouraged, using
methods (like traffic calming) that do not compromise connectivity or
reduce the number of access points to the subdivision.
H. As applicable, the installation of turn lanes, storage lanes, deceleration
lanes, parallel service lanes, or any other traffic control improvements
necessary to provide safe internal movements or ingress and egress from
the subdivision or development to any existing or proposed street or
highway shall be required.
1. If, in the sole opinion of Collier Countv, traffic sianal(s), other
traffic control device, sian, pavement markina improvement within
a public riaht of way or easement. or site related improvements
(as opposed to svstem related improvements), necessarv for safe
inaress or earess to the project. is determined to be necessarv.
the cost of such improvement shall be the responsibility of the
developer, successor(s) or assians. The improvements shall be
paid for or installed, at the Countv's discretion, prior to the
issuance of the appropriate correspondina certificate of occupancy
(CO),
2. All traffic control devices, sians, pavement markina and desian
criteria shall be in accordance with the Florida Department of
Transportation (FOOT) Manual of Uniform Minimum Standards
(MUMS), current edition, FOOT Desian Standards, current edition
and the Manual On Uniform Traffic Control Devices (MUTCD).
current edition.
3. If anv reauired turn lane improvement reauires the use of anv
existina County riahts-of-way or easement(s), then
compensatina riaht-of-way shall be provided at no cost to Collier
Countv as a conseauence of such improvement(s) upon final
approval of the turn lane desian durina the review of the first
subseauent develoDment order unless waived by the Countv
Manaaer or desianee. The tvpical cross section may not differ
from the existina roadwav without written approval of the Countv
Manaaer or desianee.
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SUBSECTION 3.0.
AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read
as follows:
10.02.03 Submittal Requirements for Site Development Plans
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A. Generally.
1. Purpose. The intent of this section is to ensure compliance with
the appropriate land development regulations prior to the
issuance of a building permit. This section is further intended to
ensure that the proposed development complies with
fundamental planning and design principles such as: consistency
with the county's growth management plan; the layout,
arrangement of buildings, architectural design and open spaces;
the configuration of the traffic circulation system, including
driveways, traffic calming devices, parking areas and emergency
access; the availability and capacity of drainage and utility
facilities; and, overall compatibility with adjacent development
within the jurisdiction of Collier County and consideration of
natural resources and proposed impacts thereon.
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4. Site development and site improvement plan standards. The
County Manager or his designee shall review and consider all site
improvement and site development plans in accordance with the
following standards:
a. Statements regarding ownership and control of the
property and the development as well as sufficiency of
conditions regarding ownership and control, use and
permanent maintenance of common open space,
common facilities, conservationlpreservation areas, or
common lands to ensure the preservation of such lands
and facilities will not become a future liability of the county.
b. Development compliance with all appropriate zoning
regulations and the growth management plan. The ingress
and egress to the proposed development and its
improvements, vehicular and pedestrian safety, separation
of vehicular traffic from pedestrian and other traffic, traffic
flow and control, traffic calming devices, provision of
services and servicing of utilities and refuse collection, and
access in the case of fire or catastrophe, or other
emergency.
Notwithstanding the requirement to comply with the
foregoing provisions, the depiction on a PUD master plan
or description of access or location of access points in a
PUD ordinance, does not authorize or vest access to the
major road system. The location, design, capacity, or
routing of traffic for any specific access point will be
determined by, and must comply with, the regulations for
site development in effect at the time of site development
plan approval.
c. The location and relationship of parking and loading
facilities to thoroughfares and internal traffic patterns within
the proposed development, considering vehicular and
pedestrian safety, traffic flow and control, access in case of
fire or catastrophe, screening and landscaping.
d. Adequacy of recreational facilities and open spaces
considering the size, location, and development of these
areas with regard to adequacy, effect on adjacent and
nearby properties as well as uses within the proposed
development, and the relationship to community-wide open
spaces and recreation facilities.
e. Adequacy of the proposed landscape screens and buffers
considering preservation of the development's internal land
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uses as well as compatibility with adjacent land uses.
f. Water management master plan on the property,
considering its effect on adjacent and nearby properties
and the consequences of such water management master
plan on overall county capacities. Water management
areas shall be required to be maintained in perpetuity
according to the approved plans. Water management
areas not maintained shall be corrected according to
approved plans within 30 days. The engineer of record,
prior to final acceptance, shall provide documentation from
the stormwater maintenance entity; indicating that said
entity has been provided information on how the
stormwater systems functions and indicating responsibility
for maintenance of the system.
g, Adequacy of utility service, considering hook-in location
and availability and capacity for the uses projected.
h. Signage proposed for the project in conformity with section
5.06.00, and a unified sign permit shall be applied for with
the submittal packet for the site development or site
improvement plan.
i. Architectural design of the building for all commercial
developments located in any commercial zoning district.
I, Outdoor servina areas shall be explicitlv detailed on the
site plan, showina lavout of chairs. tables, benches, bars
and other servina area features as mav be reauested. The
plan shall clearlv indicate that the location is unenclosed
and provide information on hours of operation, whether or
not live performance music/amplified sound will be
provided as entertainment and the approximate distances
of all adiacent residential zonina districts or residential
uses within 2500 feet of the location.
i. The Countv Manaaer or desianee mav reauire
additional landscape bufferina bevond Code
reauirements, the relocation of the outdoor servina
area to another part of the development. the
installation of sound attenuation devices, limitations
to hours of operation and further restrictions on
outdoor entertainment and amplified sound which,
in their professional iudament. will help to mitiaate
the impacts of the outdoor servina area on
adiacent residential zonina districts andlor
residential uses.
ii. Within 30 davs from an applicant's first desianation
of the use in a site development plan, it shall be
within the discretion of the Countv Manaaer or
desianee to deny approval of such site
development plan if, in the professional iudament of
the Countv Manaaer or desianee, such use is
believed to be not compatible with or has the
potential to cause a deleterious effect upon an
adiacent residential use.
Iii. Notice of such denial shall be promptlv mailed to
the applicant for the site development plan, The
Applicant and staff will meet at their earliest .
convenience to discuss and attempt to resolve the
compatibi'itv issues, which can include. but is not
limited to, movina the auestioned use to another
location within the development.
iv. Should the parties be unable to reach a solution,
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the matter will be promptlv referred to the Collier
Countv Plannina Commission. At a publiclv noticed
hearina, the Plannina Commission will review the
proposed use and make a findina as to: (1) whether
the proposed use was intended for this site. and (2)
whether such use can be made compatible with the
adiacent residential zonina districts and/or uses
throuah the imposition of certain conditions or
restrictions, includina but not limited to locatina the
use to another location within the develoDment.
additional bufferina. sound attenuation devices,
limitations on hours of operation, reauirement of a
vestibule, walls, and relocation of dumpsters.
v. Should either the Countv or the applicant be
unwillina to abide with the findinas and
recommendations of the Plannina Commission, the
matter will then be forwarded to the Board of
County Commissioners for a public hearina. to be
conducted in the same manner as LDC Section
10.08.00, except that for notice purposes 10 davs
prior notice bv publication will be sufficient.
j]s. Such other standards as may be imposed by this Code,
the growth management plan or other applicable
regulations for the particular use or activity proposed.
5, Conceptual site development plan review and approval. At the
request of the applicant and subject to the applicable fee set forth
in the schedule of fees, planning services department will
complete a conceptual review and issue a written summary of
issues of concern and conceptual approval. This conceptual
approval shall not mean that the project has received final
approval, it shall only indicate that the project is in substantial
compliance with the requirements of the Code and may be
approved subject to further review, changes and modifications.
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SUBSECTION 3.P.
AMENDMENTS TO SECTION 10.02.08 SUBMITTAL REQUIREMENTS
FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC
Section 10.02.08 Submittal Requirements for Amendments to the Official Zoning and
LDC, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC
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C. Amendments. Amendments to this Code may be made not more than two
times during any calendar year as scheduled by the county manager,
except:
1. I\ny aFFlendFflents to thCl !\GGess MaRa~ement Plan Fflaps
(/\!'ll:lendix V) may bc made Fflore often than twice durin~ the
calenaar year if relatea to, ana if sUbmittea ana rcviewed in
60njunlJtion \VilA submittal and review of, the fellowin~ tY!'les of
development ordeFs: Rezonin~, PUD amendment, Development
of Re~ienal Il'l1past (DRI) al:lproval, DRI amendment, Gonditional
use, Site Development Plan (SOP) a!'lpreval, SDP amendment,
subdivision a!'l/'lfoval (insludin~ plats, !'lIons, and aFFlendFl'lents),
constru6tien a!'l!'lroval for infrastruGture (insludin~ water, sewer,
~radin9, I:la',in!il), and buildin~ permit (for sin!ille family d'....ellin~
eRfy,
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~1. Amendments to the Code (See section 10.02.10 A. below for
requirements).
The procedure for amendment to this Code shall be as provided in
section 10.03.05. This Code may only be amended in such a way
as to preserve the consistency of the Code with the growth
management plan.
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SUBSECTION 3.Q.
AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.13 Planned Unit Development (PUD) Procedures
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A. Application and PUD master plan submission requirements.
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B. Procedures for planned unit development zoning.
1. Pre application conference. Prior to the submission of a formal
application for rezoning to PUD, the applicant shall confer with the
planning services department director and other county staff,
agencies, and officials involved in the review and processing of
such applications and related materials. The applicant is further
encouraged to submit a tentative land use sketch pian for review
at the conference, and to obtain information on any projected
plans or programs relative to possible applicable federal or state
requirements or other matters that may affect the proposed PUD.
This preapplication conference should address, but not be limited
to, such matters as:
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c, Conformity of the proposed PUD with the goals, objectives"
aRG policies and the Future Land Use Element of the
growth management plan.
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5. Planning commission recommendation. The planning commission
shall make written findings as required in section 10.02.08 and as
otherwise required in this section and shall recommend to the
board of county commissioners either approval of the PUD
rezoning as proposed; approval with conditions or modifications;
or denial. In support of its recommendation, the planning
commission shall make findings as to the PUD master plan's
compliance with the following criteria in addition to the findings in
section 10.02.08.
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c. Conformity of the proposed PUD with the goals, objectives"
aRG pOlicies and the Future Land Use Element of the
growth management plan,
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D. Time limits for approved PUDs. For purposes of this section, the word
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"sunset" or "sunsetting" shall be the term used to describe a PUD which
has, through a determination made by the planning services department
director, not met the time frames and development criteria outlined in
this section 10.02.12 of th~ Code as applicable. For all PUDs, the owner
entity shall submit to the planning services department director a status
report on the progress of development annually from the date of the
PUD approval by the board of county commissioners. The purpose of the
report will be to evaluate whether or not the project has commenced in
earnest in accordance with the following criteria:
1. ,cor PUDs apfiJFOI.ee ~rjor to ColoBor 21, 2()()1 lt1e laAeownor{sj
5RaIF.
3. ObtaiA apf'lroval for iffiprovemeAts plaAs or a de'/elepment
er-der for all iRfrastruGture iffipro'/effieAts te inslude
utilities, r-oads and similar iffiJ3roveffients reEluires by the
apf'lrsves PUD ffiaster Plan or other de':elopment erders
for at least 1 Ii perseAt of the !1lross land area of the PUD
site every five years froffi the date of af'lf'lroval by the board
of sounty SOffiffiissioAers; and
b. Rosei'le final leGal de':elepment erder-s for at least 15
persent of tho total Aumlaer of apprsves dwelling units in
the PUD, or in the sase of PUDs sonsistin!1l of
nonresidential uses, 30 persent sf the total approved !lross
leasable fleor area within the PlJD o'~ery six years froffi the
date ef approval lay the board of sounty sOffimissioners.
s. /\ny PUD approved before Osteber 24, 2001 that reseiveG
sulaseEluent affiendment approval shall be GUbjest to the
de':elepment sriteria and time limits established for those
PUDs approved on or after Ostolaer 24,2001 as outlined in
sestion 10.02.12 of this Codo.
2. Fer PIJDs :JAd PIJD amonemoAIs apfKO\'ee OR or of/or OGteBer
24, 2()()1, But Wior to )cIRuary 3, 2()()?, tho faRe Dlmor shaH:
1 a. For residential portions of PUDs, the ewnor entity shall initiate
physical development of infrastructure improvements, including
access roads, internal roads, sewer and water utilities and any
other related infrastructure, that supports a minimum of 15
percent of the designated residential area or areas of the PUD
shall be initiated by the tRif€I fifth anniversary date of the PUD
approval. An additional 15 percent of such infrastructure shall be
completed every year thereafter until PUD buildout; and
~ b. For the nonresidential portions of PUDs and commercial and
industrial PUDs. the owner entity shall initiato physical
development of a minimum of 15 percent of authorized floor area
when approved on the basis of a defined amount of floor space,
shall be initiated by the tRif€I fifth anniversary date of the PUD
approval. In the event that the floor area is not the defining
intensity measure, then 25 percent of the land area to include
some representative portion of the building space shall be
constructed by the tRif€I fifth anniversary date of the PUD approval
Elate. The same amount of development shall be required every
year thereafter up to an amount representing 75 percent of
authorized buildable area and floor area. Thereafter the PUD shall
be exempt from these sunset provisions.
3 For mixed use tracts or structures. phvsical develooment of
infrastructure improvements, includina access roads, internal
roads, sewer and water utilities and anv other related
infrastructure that supports a minimum of 15 percent of the
desianated mixed use tract or structure shall be initiated bv the
fifth anniversarv date of the PUD approval. Phvsical
develooment of a minimum of 15 percent of approved mixed use
floor area. and 15 percent of the approved residential units, shall
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be initiated bv the fifth anniversary date of the PUD aooroval.
Components of mixed use planned unit developments (MPUDs)
that are non-residential shall adhere to the reauirements provided
in subsections 10.02.13 0, 2. a. throuah b.
1 G. If in the event of a moratorium" or other action of government that
prevents the approval of any final development order" the
duration of the suspension of the approval shall not be counted
towards the tAfee.- !2 year sunset prevision period.
d. F-er PUDs apfKel'ed en er after tAe Elate ef afieption ef tAis
rEll'isIen JaAuary d, 2()()7 the ,lEAd ol'mer sha.'!:
3. For all PUDs the buila out year as subfRittea ana approved
with tAe al3plisation's TFaffis IfRpaGt StatefRent (TIS) shall
serve as the ref.erense ,'ear f.or tAe approvea density and
intensity. Two years after the build out year as def.ined on
the appre'Jed TIS subfRitted witA tho applisation and en the
anni'Iersary €late of tAe adopted PUD any refRaining
density er intensity that has not been approved by the
apprepriate site develepment plan or plat and reoeived a
oertifioate ef pOlblio adeEluasy (COI'.) shall ee oensidered
expirea and void of any refRaining developfRent rights. In
the event that astion er in aotion by the County or any
regulatory agenoy or legal aotion prevents the approval of
a de'/elapment arder, the auration of the susl3ensien of
the apt:lro'Jal shall not be seunted towaras tAB 8)cpiration
provision abeve, oontingent that the applisant has eeen
ailigently pursuing a laGal de'/elapment arder or perfRit
through any of the required regulatory agensies. The
county fRanager or designee fROlSt be netifiea in writin!j of
the siroufRstanses ef tAe aelay '....ith tAe approt:lriate
aoouA'lentation.
b. For all PUDs the build out year as subfRitted and at:lt:lre'/ed
'Nith tAe applisation's Traffio IfRpast StatefRent (TIS) shall
serve as the referenoe year for tAe appreved density and
intensity. On the buila out year as aofined on the appro'/ed
TIS suefRilted with the applioation and on tne annivorsarj
date of the adoptea PUD any refRaining density and
intensity shall be oonsidered 8lcpirea if all of the lando
within the PUD eeunaary have reoeived approval through
site develapment plans or plats and reoei'.'ea a oertif.ioate
of publis adequasy (CO/'.). For nen residential portiens of a
PUD, seotion (a) aeo'Je allows for two additional years to
afRend the site dellelapment plan's) in order to apply f.or
de\'elepment arders fer any refRaining intensity within
nen resiaential sestions of the PUD.
!2 4. Infrastructure improvements as required above shall be located on
site and shall constitute infrastructure that makes possible vertical
construction consistent with the permitted land uses. Acceleration
lanes, entry road access and the like do not count towards
meeting the required levels of infrastructure improvements as
required above.
.Q a. PUD sunsetting. Prior to or any time after the planning services
department director determines that a PUD has sunsetted, then
the property owner shall initiate one of the following:
a, Request fef a PUD extension; &f
b. Request fef a PUD amendmento : or
c. Reauest a rezone.
Z e. Board of county commissioners action on PUDs which have
sunsetted. Upon review and consideration of the appropriate
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application, or the status report provided by the property owner
and any supplemental information that may be provided, the board
of county commissioners shall elect one of the following:
a, To extend the current PUD approval for a maximum period
of two years; at the end of which time, the property owner
shall again submit to the procedure as defined herein,
however no further development order applications shall
be processed by the county until the PUD is officially
extended.
b. Approve or deny an application for a PUD amendment.
The existing PUD shall remain in effect until subsequent
action by the board of county commissioners on the
submitted amendment to the PUD, however no further
development order applications shall be processed by the
county until the PUD is officially amended.
c, Require the owner to submit an amended PUD. The
existing PUD shall remain in effect until subsequent action
by the board of county commissioners on the submitted
amendment to the PUD, however no further development
order applications shall be processed by the county until
the PUD is officially amended.
I. If the owner fails to submit an amended application
to the PUD within six months of the action of the
board of county commissioners to require such a
submittal, or the board denies the request to amend
the PUD, then the board of county commissioners
may initiate proceedings to rezone the unimproved
portions of the original PUD to an appropriate
zoning classification consistent with the future land
use element of the growth management plan.
~ 7. PUD time limit extensions. Extensions of the time limits for a PUD
may be approved by the board of county commissioners. An
approved PUD may be extended as follows:
a. Maximum extension: There shall ee a maJdmum of t'....o
oxtensions mav be one PUD extension. The first may eo
granted for a maximum of two years from the date of
original approval. The seaona extension, may eo grantod
for an aaditional twe years from the Elate of eJElliration of
the first exteAsion.
b, Approval of an extension shall be based on the following:
I. The PUD and the master plan is consistent with the
current growth management plan including, but not
limited to, density, intensity and concurrency
requirements;
il. The approved development has not become
incompatible with existing and proposed uses in the
surrounding area as the result of development
approvals issued subsequent to the original
approval of the PUD zoning; and
iil. Approved development will not, by itself or in
conjunction with other development, place an
unreasonable burden on essential public facilities.
c. An extension request shall consist of the following:
I. A completed application form provided to the
property owner by the county; and
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ii. A copy of the original PUD approval ordinance: and
iii. A written statement describing how the criteria
listed in subsection 10.02,12 of this Code have
been met; and
iv. A fee paid in accordance with the county fee
resolution.
v. Any other information the County Manager or his
designee deems necessary to process and
evaluate the request.
d. No more than !we one extensions may be granted for any
development original approval date.
e. Any PUD developer who has not commenced development
pursuant to the sunsetting provisions set forth in this
section 10,02.12 of thi6~ Code within ten years of the
original PUD approval date shall submit a new rezoning
application.
~ g. Retention of existing PUD status. Once a PUD has sunsetted the
land shall retain its existing PUD zoning status, however
applications for additional development orders shall not be
processed until one of the following occurs:
a. The board of county commissioners approves a request for
extension of PUD zoning status.
b. The board of county commissioners approves an
amendment to the existing PUD.
Should the planning services department director
determine that development has commenced in earnest,
then the land shall retain its existing PUD approval and
shall not be subject to additional review and consideration
of new development standards or use modification
pursuant to the provisions for time limits for approved
PUDs.
In the case of developments of regional impact, PUD time
limit restrictions shall be superseded by the phasing plan
andlor time limits contained within the application for
development approval and approved as part of a
development order in conformance with F.S. S 380.06.
10. Exemptions from sunsettina. Anv educational plants or facilities or
public service facilities includina police, fire and EMS facilities that
were identified in an approved PUD zonina district or PUD master
plan and which are consistent with the approved development
reaulations shall retain development riahts, althouah a planned
unit development mav have sunsetted, as provided for this
section. A develooment order for such facilities shall be issued
in accordance with a site development plan approval. without the
reauirement to amend or extend the oriainal planned unit
development.
11. PUD buildout. For PUDs approved on or after the Elate of
aEloption of this re'/ision Januarv 3, 2007 the land owner shall:
a. For all PUDs the build out year as submitted and approved
with the application's Traffic Impact Statement (TIS) shall
serve as the reference year for the approved density and
intensity. Two years after the build out year as defined on
the approved TIS submitted with the application and on the
anniversary date of the adopted PUD any remaining
density or intensity that has not been approved by the
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appropriate site development plan or plat and received a
certificate of public adequacy (COA) shall be considered
expired and void of any remaining development rights. In
the event that action or in-action by the County or any
regulatory agency or legal action prevents the approval of
a development order, the duration of the suspension of
the approval shall not be counted towards the expiration
provision above, contingent that the applicant has been
diligently pursuing a local development order or permit
through any of the required regulatory agencies. The
county manager or designee must be notified in writing of
the circumstances of the delay with the appropriate
documentation.
b. For all PUDs the build out year as submitted and approved
with the application's Traffic Impact Statement (TIS) shall
serve as the reference year for the approved density and
intensity. On the build out year as defined on the approved
TIS submitted with the application and on the anniversary
date of the adopted PUD any remaining density and
intensity shall be considered expired if all of the lands
within the PUD boundary have received approval through
site development plans or plats and received a certificate
of public adequacy (COA). For non residential portions of a
PUD, section (a) above allows for two additional years to
amend the site development plan(s) in order to apply for
development orders for any remaining intensity within
non:residential sections of the PUD,
.
.
.
.
.
.
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SECTION FOUR:
CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any 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
Section 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-Iettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word,
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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SECTION SIX:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of
State, Tallahassee, Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 5th Day of February, 2008.
ATTEST: ..,
DWIGHT E. BROCK; 9,LERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Attlnt.. ~'ek"~','
s 1 QIIatur, orI1.'
,~ ,.
ty Clerk
.
Approved as to form and
legal ufficiency:
Jeffrey
Chief
nty Attorney
This ordinance filed with th"
Secretory of Stote's Office the
~doyof~~~<~, ~~
and acknowledgemen}fJ. thot
fili~eceived this _ day
OfB~~
Y DlfDl.lty C r
Page 44 of 44
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2008-08
Which was adopted by the Board of County Commissioners on
the 5th day of February 2008, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th day
of February 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boe:rq,"9f
~gSioners ;?
~. ~
By:Martha verg ra,
Deputy ''C+,erk
.", ~..: '
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