DSAC Backup 07/09/2008 R & LDC
LDC Amendment Cycle 2008-1
DSAC. ,Julv 09. 2008 !iiJ 1 :OOom
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R. J. Mulhere
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Podczerwinsky
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Podczerwinsky
1. Koehler /
Casalanguida
Beard /
1. Koehler
S. O'Farrell
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Reduction of Required Site Design Requirements
..---1.04.04/9.03.07, 1.08.02
(LDR: Approve as amcnded)
Specitic Design Standards for the Immokalee SR29A Commercial Subdistrict
-----4.02.27
(LDR: Approve as amended)
Facility and Service Improvement Requirements
m--4.03.08
(LDR: Approval)
Design Requirements
-..--4.07.02 J
(LDR: Approve as amended)
Transportation LOS Requirements
-----6.02.02, 6.02.03
(LDR: Approval)
Streetlights
-----6.06.03
(LDR: Approval)
Submittal Requirements for All Applications
-.---10.02.02 G
(LDR: Approve as amended)
Submittal Requirements for Certificates of Public Facility
Adequacy
um 10.02.07
(LDR: Approve as mended)
Requirement for Removal of Prohibited Exotic Vegetation
.----305.07.3.05.08
(LDR: Approve as amended)
EE 99 0
FF 101 0
GG 103 0
HH 105 0
II 107 0
JJ 111 0
KK 113 0
LL 119 0
Chrzanowski
MM 127 0
Chrzanowski /
Houldsworth
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Houldsworth
Chrzanowski /
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Staff
Submittal Requirements for Site Development Plans
-m.10.02.03
(LDR: Approve as amended)
Submittal Requirements for Plats
----.10.02.04 B.I
(LDR: Approve as amended)
Submittal Requirements for Plats
m--l0.02.04 B.3.b
(LDR: Approval)
Submittal Requirements for Improvement Plans
.---.10.02.05
(Id;>R: Apprl!.V.al)
Definitions - "Passive Recreation"
m--1.08.02
(LDR: Bce clarification / HOLD)
NN 131 0
00 133 0
PI' 135 0
QQ 137 0
1
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S. Lenberger Species Specific Requirements. Penalties for Violation RR 139 0
-m.3.04.01. 3.04.02, 3.04.03, and 3.04.04
(LDR: Re-write and forward to DSAC)
B. Burgeson Criteria for Removal of Protected Vegetation SS 155 0
--.uI.08.02, 305.05. and 10.02.06
(LDR: Re.write and forward toDSAe)
- B. Burgeson 1 Preservation Standards 1'1' 163 0
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= S. Lenberger uu.3.05.07 A/B
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0 S. Lenberger Preservation Standards UU 171 0
..
.. -----3.05.07 F
...
= (LDR: Approve as amended)
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S. Lenberger Preservation Standards VV 179 0
----.3.05.07 H.1.b
(LDR: DENIAL)
S. Lenberger Preservation Standards WW 183 0
m.-3.05.07 H.I.d
(LDR: Approval)
S. Lenberger Preservation Standards XX 185 0
-----3.05.07 H.l.e
(LDR: Re-write and forward to DSAC)
S. Len berger Preservation Standards yy 191 0
u---3.05.07 H.I.g
(LDR: Approve as amended)
S. Lenberger Preservation Standards ZZ 195 0
m--3.05.07 H.l.h.i
(LDR: Appro\f~ as amended)
B. Burgeson Preservation Standards BBB 199 0
-; ---u3.05.07 H.l.h.ii
.... (LI?R: Not heard)
=
... 1. Lenberger Groundwater Protection ecc 203 0
El
= u---3.06.04 and 4.02.14
0
.. (LDR: Not heard)
..
... 1. Lenberger SRA Designation DDD 207 0
=
>-l 4.08.07
(LDR: Not heard)
B. Burgeson [EAC] Powers and Duties; Membership EEE 209 0
-----8.06.03 and 8.06.04
(LDR: Not heard)
S. Lenbergcr Submittal Requirements for All Applications FFF 217 0
m--10.02.02 A
(LDR: Not hcard)
S. Lenberger Submittal Requirements for Permits GGG 235 0
___u 10.02.06
(LDR: Not heard)
2
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Zoning
OJ) Staff
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C. Valera
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Ol M. DeRuntz
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Dimensional Standards for Principal Uses in Base Zoning Districts HHH 243 0
n---4.02.01
(LDR: Not heard)
Sign Standards for Specific Situations III 245 0
_m.5.06.04
(LDR: No~hcaTcJL_~__~___..
Affordable Housing Density Bonus JJJ 247 0
----.2.06.00
(LDR: Approve as amended)
Design Requirements in pUDs 1 Parks N 45 0
u---4.07.02 E-G
(LDR: Denial)
Submittal Requirements for Certificates of Public Facility Adequacy KKK 251 0
u---10.02.07
(LDR: Approval)
3
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Carolina Valcra, Principal Planner
DEPARTMENT: eomprchcnsive Planning Department
AMENDMENT CYCLE: 2008 Cycle I
LDC PAGE(S): LDCl:127 through LDC2:136
LDC SECTION: 2.06.00 Affordable Housing Density Bonus
CHANGE: Amend the Affordable Housing Density Bonus section of the LDC to
provide for an administrative approval of dcnsity bonus, applicable to the Immokalee
Urban area only. and to distinguish between the bonus that may be granted via public
hearing process (rezoning) and that which may be granted administrativcly.
REASON: To bring the LDe into conformance with the Immokalee Area Master Plan
(lAMP). As part of thc Evaluation and Appraisal Report-based Growth Management
Plan amendments adopted in 2007, a provision was added to allow the Affordable
Housing Density Bonus (AHDB) to be approved by right (administratively). subject to
limitations, in certain Subdistricts of the Immokalee Urban area. The provision to allow
the bonus via the public hearing process remains.
FISCAL & OPERATIONAL IMPACTS: The process to obtain approval for the
density bonus via rezone petition is already established and includes fees to cover the cost
of that review. For the administrative approval, via site development plan, some
additional staff rcview time will bc required. It is anticipatcd that staff will subsequently
present a fee schedule change to thc BCC to account for the increased cost resulting from
this additional staffreview.
RELATED CODES OR REGULATIONS: Throughout the Code.
GROWTH MANAGEMENT PLAN IMPACT: This amendment will bring the LDC
into conformancc with the Immokalee Area Master Plan.
Amend the LDC as follows:
2.06.00 AFFORDABLE HOUSING DENSITY BONUS
2.06.01 Generally
A. Within most of the coastal urban designated areas identified on the future land
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use map of the Collier County GMP, a base density of four (4) residential
dwelling units per gross acre is permitted However, the base density may be
adjusted depending on the characteristics of the development. One characteristic
of a housing development which would allow the addition of density bonuses in
order to increase the density over the base density is the provision of affordable
housing in the development. The provision of affordable housing units may add
up to eight (8) dwelling units per gross acre to the base density of four (4)
residential dwelling units per gross acre, for a total of twelve (12) residential
dwelling units per gross acre, plus any other density bonuses available, and
minus any density reduction for traffic congestion area required, pursuant to the
Collier County GMP. The total eligible density must not exceed a total of sixteen
(16) dwelling units per gross acre, except as allowed through use of transfer of
development rights, as provided for in the growth management plan. The
program to accomplish this increase to provide affordable housing is called the
affordable housing density Bonus (AOHB) program.
B. Within most of the Immokalee Urban area, as identified on the Immokalee area
master plan future land use map of the growth management plan, the affordable-
workforce housinq density bonus may be added to the base density of properties.
either by public hearinq. or by riqht: base densities are four or six or eight
residential dwelling units !'ler gross acre. However, the base density may be
adjusted depending on the characteristics of the develo!'lR1ent. One characteristic
of a housing develo!'lR1ent that would allow the addition of density bonuses is the
!'lrovision of affordable housing in the develo!'lR1ent. The Wovision of affordable
housing units may add U!'l to eight dwelling units per gross acre to the base
density of four, six or eight residential dwelling units per gross acre, for a total of
twelve, fourteen or si)(teen residential dwelling units per gross acre, plus any
other density bonuses available The total eligible density must not exceed a total
ef 16 dwelling units per gross acre.
1. Affordable-workforce HousinG Bonus. Bv Public HearinG. To encouraqe
the provision of affordable-workforce housinq, a maximum of up to eiqht
(8) residential units per qross acre may be added to the base density if
the proiect meets the requirements of Section 2.06.01.0. of the LOC.
This bonus may be applied to an entire project, or portions of a project.
provided that the project is located within the neiqhborhood center
subdistrict. commerce center-mixed use subdistrict or any residential
subdistrict. all as identified on the Immokalee area master plan future land
use map.
2. Affordable-workforce HousinG Bonus. Bv RiGht. To encouraqe the provision of
affordable-workforce housinq within the Immokalee urban mixed use district,
properties zoned A. Rural Aqricultural. and/or E. Estates. and/or RSF-1. 2. 3. 4.
5. 6, Residential Sinqle Family and/or RMF-6. Residential Multi-Family. for which
an affordable-workforce housinq proiect is proposed in accordance with the
definitions and requirements of Section 2.06.01.0. of the LOC. a maximum of
four (4) residential units per qross acre shall be added to the base density of 4
dwellinq units per acre. Therefore. the maximum density that may be achieved
by riqht shall not exceed eiqht (8) dwellinq units per acre. Such a project must
comprise a minimum of ten acres. DSRsit~' eeRier'sa tI~' riQRt 819811 Ret tie
eemtliR88 witR 8sRsity aet9is"sa tt9re6lQt9 tt98 r8iC!8Re ~61Blie RsariRQ J3reeess.
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3. Densitv achieved bv riaht shall not be combined with densitv achieved throuah
the rezone Dublic hearina Drocess.
.
.
.
.
.
.
.
.
.
.
.
.
D. In order fo qualify for the AHDB for a development, the developer must apply for
and obtain the AHDB from the County for a development in accordance with this
section, especially in accordance with the applicable provisions of the AHDB
program, including the AHDB rating system, the AHDB monitoring program, and
the limitations on the AHDB.
1. Preapplication conference Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the County Manager or
his designee. If the proposed development is to include affordable
housing, the housing and urban improvement director must participate in
the preapplication conference. The preapplication conference provides an
opportunity to familiarize the applicant with the AHDB program and
provides an opportunity for the county staff to obtain a clear
understanding of the proposed development. The AHDB rating system,
the AHDB monitoring program, the limitations, criteria, procedures,
standard conditions, standard forms. and other information will be
discussed and made available to the applicant. Depending on the type of
development proposed, the application may be combined with an
application for a planned unit development (PUD), a rezone, or a
Stewardship Receiving Area
2.
Application. An application for AHDB for a development must be
submitted to the County Manager or his designee in the form established
by the County Manager or his designee. One additional copy of the
application as otherwise required must be provided for the housing and
urban improvement director The application must, at a minimum, include:
* * * * * * * * * *
.
.
f. Whether the AHDB is requested in conjunction with an application
for a planned unit development (PUD), an application for rezoning,
Of an application for a Stewardship Receiving Area, or in the case
of a reauest for AHDB bv richt. a development order; and
g. Any other information which would reasonably be needed to
address the request for AHDB for the development pursuant to the
requirements set forth in this section.
3. Determination of completeness. After receipt of an application for AHDB,
the housing and urban improvement director shall determine whether the
application submitted is complete. If he determines that the application is
not complete, the housing and urban improvement director shall notify the
applicant in writing of the deficiencies. The housing and urban
improvement director shall take no further steps to process the
application until the deficiencies have been remedied.
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4. ReviewL-8fI€I-recommendation. and determination by the County Manager
or designee. After receipt of a completed application for AHDB, the
County Manager or designee must review and evaluate the application in
light of the AHDB rating system, the AHDB monitoring program and the
requirements of this section.
a. For proiects seekinq AHDB throuqh a public hearinq process. +!he
County Manager or designee must coordinate with the
development services director to schedule the AHDB application
with the companion application for rezoning, planned unit
development or stewardship receiving area, and must recommend
to the planning commission and the BCC to deny, grant, or grant
with conditions, the AHDB application. The recommendation of the
County Manager or designee must include a report in support of
recommendation.
b.
For proiects seekina AHDB by riaht. the County Manaaer or
desiqnee must review and evaluate the application. and must
deny. qrant. or qrant with conditions the application in accordance
with the applicable provisions of the AHDB ratina system. the
limitations on the AHDB. and the AHDB monitorina proqram.
* * * * * * * * *
*
*
*
2.06.04 Limitations on Affordable Housing Density Bonus
Anything to the contrary notwithstanding, the following limitations and conditions
shall apply to all of the AHDB for a development:
A.
Affordable housing density bonus development agreement required. The
AHDB shall be available to a development only when an AHDB
development agreement has been entered into by the developer/applicant
and the BCC, and such agreement has been approved by the county
attorney and the BCC prior to execution pursuant to either the public
hearing process established in this section prior to oxecution. or in the
case of AHDB by riqht. in accordance with Section 4.06.01.D.4.b. of the
LDC. Amendments to such agreement shall be processed in the same
manner as the original agreement. The AHDB development agreement
shall include, at a minimum, the following provisions:
* * * * * * * * * *
*
*
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Barbara Burgeson, Manager. Environmental Services
Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC3:14 & LDC3:23
LDC SECTION(S): 3.04.01 Generally
3.04.02 Species Specific Requirements
3.04.03 Requiremcnts for Protected Plants
3.04.04 Penalties for Violation: Rcsort to Other Remedies
CHANGE: Include criteria for protection of selected listed plants.
Scrivener's error to correct lettering/numbering in section 3.04.02.
Update the gopher tortoise and bald eagle sections to reflect changes so the
Code is consistent with the FFwec Bald Eagle (BE) and Gopher Tortoise
(GT) Management Plans approved last September 2007 and this June
2008.
REASON: Required as part of the EAR-based GMP amendment to CCME Policy 7.1.6.
Policy 7.1.6 states the followittg:
"The eounty shall evaluate the nced for the protection of listed plants and within one (I)
year of the effectivc date of this amendment adopt land development regulations
addressing the protection of listed plants."
Scrivener's error to correct lettering/numbering.
To be consistent with the FFWCe managcment plans for the BE and GT as
recommended by the EAC.
FISCAL & OPERATIONAL IMPACTS: Where listed plants identified in this
amendment occur on site and where relocation is feasible, additional expense will be
incurred upon the applicant to relocate them. Management needs for listed plants will
have to be included in preserve management plans, where applicablc.
RELATED CODES OR REGULATIONS: None
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GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMp amendment to CCME Policy 7.1.6.
OTHER NOTES/VERSION DATE: ereated May I, 2008. Amended June II, 2008,
June 24, 2008
Amend the LDC as follows:
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by including
measures for protection. manaqement and monitorinq and/or relocation of
endangered, threatened, at' species of special concern. or species protected bv
FAC.. F.S. the Endanqered Species Act or other approved quidelines. rules or
manaqernent plans (herein after referred to as protected species); listed or
protected by;
1. Florida Fish and Wildlife Conservation Commission (FFWCC) as
endangered. threatened. at' species of special concern. species protected
bv FAC; protection pursuant to Chapter 163, F.S.
2 United States Fish and Wildlife Service (USFWS) as endangered or
threatened
3. Convention of International Trade in Endangered Species of Wild Fauna
and Flora (CITES).
4. Endanqered, threatened or commerciallv exploited plants listed bv the
Florida Department of Aqriculture and Consumer Services as further
identified in section 30403.
B Applicability and Exemptions
1. General Applicability: Except as provided in 2. below, all new
development shall be directed away from listed species and their
habitats by complying with the guidelines and standards set forth in this
section.
2. Exemptions: The following are exempt from the provisions of this Section:
a. Agricultural operations that fall within the scope of sections
163.3162(4) or 823.14(6), Florida Statutes;
b. All de...elepment applications within the RLSA District, except as
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specifically provided in section 4.08.00; and
c. All de\'elopment applications within the NBMO, except as
specifically provided in section 2.03.08
C. EIS and management plans.
1. Exemption. Single-family lots that are not part of a previously approved
subdivision or SDP shall not be required to prepare an EIS or a
management plan.
2. EIS. An EIS is required as set forth in section 10.02.02. The County shall
notify the FFWCC and USFWS of the existence of any listed species that
may be discovered.
3 Management and Monitorinq Plans.
a. General Requirements. A wildlife management and monitorinq
plan shall be required for all projects where the wildlife survey
indicates listed or protected species are utilizing the site. These
plans shall describe how the project directs incompatible land
uses away from listed or protected species and their habitats and
shall incorporate proper techniques to protect listed or protected
species and their habitat from the negative impacts of proposed
development.
b. References. The following references shall be used, as
appropriate, to prepare the required management plans;
i. South Florida Multi-Species Recovery Plan, USFWS.
1999
II. Habitat Management Guidelines for the Bald Eagle
Manaqement Plan Adopted April 9. 2008 bv the FFWCC
(and technical literature cited therein). in the Southeast
Rogion. USF'lVS, 19~7. the Bald and Golden Eaqle
Protection Act. the Miqratorv Bird and Treatv Act. and the
FAC. 68A-16.002 Bald Eaqle protection
iii. Ecology and Habitat Protection Needs of Gopher Tortoise
(Gopherus polyphemus) Populations found on Lands
Slated for Large Scale development in Florida, Technical
Report No.4, Florida Game and Fresh Water Fish
Commission, 1987 and the Gopher Tortoise Manaqement
Plan Adopted September 2007 bv the FFWCC (and
technical literature cited therein) .
iv. Ecology and development-Related Habitat Requirements
of the Florida Scrub Jay (Aphelocoma coerulescens),
Technical Report No.8, Florida Game and Fresh Water
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Fish Commission, 1991.
D. Protective measures. All developments applications subject to this section shall
adhere to the following:
1. General.
a. In those areas where clustering is permitted, all developments
shall be clustered to discourage impacts to listed species
habitats.
b. Open space and vegetation preservation requirements shall be
used to establish buffer areas between wildlife habitat areas and
areas dominated by human activities.
c. Provisions such as fencing, walls, or other obstructions shall be
provided to minimize development impacts to the wildlife and to
facilitate and encourage wildlife to use wildlife corridors.
d Appropriate roadway crossings, underpasses, and signage shall
be used where roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority
shall be given to preserving the habitat of that listed species, as
provided in section 406.04.
f. Management Plans shall contain a monitoring program for ill!
preserves with listed or protected species on site or when the site
is known to be foraqinq habitat for listed or protected species.
developments greater than 10 acres
g. Letters of technical assistance from the FFWCC and written
recommendations from the USFWS shall be deemed to be
consistent with the GMP.
E. Single-family platted lots, seven and one half (7 1!2) acres or less in size, shall
be exempt from the requirements set forth in section 3.04.02 S, when these lots
are not a part of a previous development which has been required to comply
with section 3.0402 B However. gopher tortoises shall be protected pursuant to
this section
3.04.02 Species Specific Requirements
On property where the wildlife survey establishes that listed or protected species
are utilizing the site or where the site is capable of supporting listed or protected species
and such listed or protected species can be anticipated to potentially occupy the site. the
County shall, consistent with the GMP, consider and utilize recommendations and letters
of technical assistance from the Florida Fish and Wildlife Conservation Commission and
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recommendations from the U.S. Fish and Wildlife Service in issuing development
orders. It is recognized that these agency recommendations, on a case by case basis.
may change the requirements contained herein and any such change shall be deemed
to be consistent with this Code. The following specific species management and
protection plans shall be applicable, in addition to those required by other provision in
this section 3.04.00:
A. Gopher Tortoise (Gopherus polyphemus).
1. All gopher tortoises, their habitats, and the associated
commensals are hereby protected.
2. It is expressly prohibited to take, which means to harass, harm,
hunt, shoot, wound, kill, trap, capture, collect, or attempt to
engage in any such conduct, any gopher tortoise. and to alter,
destroy, or degrade the functions and values of their natural
habitat, unless otherwise provided for in this section.
3 All gopher tortoise burrows are protected, and it is prohibited to
intentionally destroy or take any such burrow by any means,
unless otherwise provided for in this section
4. Personnel authorized by the FFWCC or the County may house
and relocate tortoises, as necessary and provided for in this
section.
5. When gopher tortoises are identified on-site, a protection~and/or
management and monitorinq plan or off-site relocation and
monitoring plan shall be submitted to the County Manager or
designee for review and approval.
6. The protection~aMfef management and monitorinq plan shall
include, but not be limited to, the following items:
a. A current gopher tortoise survey, which shall be field-
verified by I'llanning sorvices staff. the Countv Manager or
designee
b. A proposal for either maintaining the population in place or
relocating it
c. A site plan identifying the boundaries of the gopher
tortoise preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Detail of the gopher tortoise preserve fencing
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g. An annual maintenance plan describing exotic removal
and vegetation management.
h. Identification of persons responsible for the initial and
annual protection and/or management of the tortoises and
the preserve area. Suitable gopher tortoise habitat shall be
designated on the site plan at the time of the first
development order submittal. Suitable habitat preserved
on site shall be credited to the preservation requirement as
specified in section 3.05.00 of this LOC.
i. An annual monitorinq plan in accordance with the
Gopher Tortoise Manaqement Plan Adopted September
2007 by the FFWCC (and technical literature cited
therein).
7. Suitable habitat shall be defined as having the following
characteristics:
a. The presence of well-drained, sandy soils, which allow
easy burrowing for gopher tortoises.
b. Appropriate herbaceous ground cover (if not present,
supplemental food sources shall be planted).
c. Generally open canopy and sparse shrub cover, which
allow sufficient sunlight to reach the ground.
d. Typically, includes the presence of an existing gopher
tortoise population.
e. Be a minimum of 25 acres for relocation purposes or may
be less if the population is existinq and is healthy
8. Off-site relocation and monitorinq plans shall be permitted to meet
all or part of the on-site gopher tortoise habitat preservation
requirements under the following circumstances:
a. Where suitable habitat does not exist on-site;
b. Where a property owner meets the minimum on-site
native vegetation preservations requirements of this LOC
'Nith jurisdictional .....etlands, and cannot provide
appropriate adequate suitable habitat for gopher tortoises
as described above; or
c. Where scientific data has been presented to the County
Manager or designee, and an environmental professional
opinion is rendered that the requirement to provide the
required on site gopher tortoise habitat preservation area
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on site will not be conducive to the long-term health of the
on-site population of tortoises.
9. If an off-site relocation monitorinq plan is authorized under one (1)
or more of the above conditions criteria, approval of such a plan
ana associatea shall require a FFWCC State permit, shall be
obtained from the FF'NCC. Where appropriate, a combination of
on-site preservation and off-site relocation may be considered.
10. When relocating tortoises on-site, the density shall be reviewed
on a case-by-case basis, and shall be based on the
recommendations found in the Gopher Tortoise Manaqement
Plan Adopted September 2007 by the FFWCC (and technical
literature cited therein) no mere than five (5) tortoises per acre will
be consiaerea II suitable density.
11. When identifying the native vegetation preservation requirement
of section 305.07 of this LDC for parcels containing gopher
tortoises, priority shall be given to protecting the largest, most
contiguous gopher tortoise habitat with the greatest number of
active burrows, and for providing a connection to off-site adjacent
gopher tortoises' preserves. All gopher tortoise preserves shall be
platted with protective covenants, as required by this section and
section 305.07 H of this LDC or, if the project is not platted, shall
provide such language on the approved site development plan. It
shall be a priority to preserve scrub habitat, when it exists on-site,
for its rare unique qualities and for being one of the most
endangered habitats in the County, regardless of whether gopher
tortoises are relocated off-site.
12. Gopher tortoises shall be removed from all active aM , inactive
and abandoned burrows located within the area of construction
prior to any site improvement, in accordance with the
protection/management plan approved by County Manager or
designee.
13. Exemptions. Single family platted lots, seven ana one half acres
or less in size, shall be exempt from the requirements set forth in
subsections 5 through 11 above, when these lots are not a part of
a previous development which has been required to comply with
subsections 5 through 11. However, gopher tortoises shall be
protected pursuant to 1-, 2 and 3 above
B. Sea Turtle Protection.
1. The purpose of this section is to protect the threatened and
endangered sea turtles that nest along the beaches of the
County, by safeguarding sea turtle hatchlings from sources of
artificial light, and adult and hatchling sea turtles from injury or
harassment. The County shall adhere to state and federal
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guidelines for the protection of sea turtles.
2. The requirements of this section apply when development or
lighting associated with development is located within three
hundred (300) feet of mean high water; when parking lots, dune
walkovers, or other outdoor lighting is proposed; and when
reflective surfaces that will be illuminated by outdoor lighting will
be visible from the beach.
a. Outdoor lighting shall be held to the minimum necessary
for security and safety. Floodlights and landscape or
accent lighting shall be prohibited.
b. All lighting, including wall-mounted fixtures, pole lighting,
lights on balconies, and any other type of lighting not
specifically referenced by this section, shall be of low
intensity, and shall be fitted with hoods or positioned so
that the light sources, or any reflective surfaces illuminated
by such sources, shall not be visible from the beach.
c. Low profile luminaries shall be used in parking lots, and
such lighting shall be fitted with hoods or positioned so that
the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
d Dune crosswalks shall utilize low profile shielded
luminaries directed and positioned so that light sources, or
any reflective surfaces illuminated by such sources shall
not be visible from the beach. dune crossover lighting
shall be limited to the area landward of the primary dune.
e. If high intensity lighting is necessary, low pressure sodium
vapor luminaries shall be used and fitted with a hood or
positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible
from the beach
f. Plates of tinted glass are required for windows that are
visible from the beach The tinted glass shall be any
window or glazing that has an industry-approved light
transmittance value of forty-five (45) percent or less. Such
transmittance shall be limited to the visible spectrum (400
to 700 nanometers). and shall be measured as the
percentage of light that is transmitted through the glass,
inside to outside
g. Temporary security lights at construction sites shall not be
mounted more than fifteen (15) feet above the ground.
Light sources, or any reflective surfaces illuminated by
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such sources, shall not be visible from the beach.
3 For existing development, existing structures with any light
sources, or reflective surfaces illuminated by such sources, that
are visible from the beach, shall be in compliance with the
following:
a. All lights shall be turned off after 9:00 p.m. between May 1
and October 31 of each year, or fitted with a hood or
positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible
from the beach
b. Lights illuminating dune crosswalks shall be turned off
after 9:00 p.m. between May 1 and October 31 of each
year, and must be modified to conform to the requirements
for new development in accordance with section
3.04.03(B) of this section
c. Security and emergency exit lighting shall follow the same
requirements stated in section 3.04.03(C)(1) of this
section If high intensity lighting is necessary, low pressure
sodium vapor luminaries shall be used and fitted with a
hood, or positioned so that the light sources, or any
reflective surfaces illuminated by such sources, shall not
be visible from the beach.
d. At least one (1) of the following measures shall be taken,
where applicable, to reduce or eliminate the negative
effects of interior light emanating from doors or windows
within the line of sight of the beach, where lights currently
illuminate the beach:
I In windows facing the Gulf of Mexico, and all inlet
shorelines of these beaches, tinted window
treatments are required for windows that are visible
from the beach so that indoor lights do not
illuminate the beach. The tinted glass shall be any
window or glazing that has an industry-approved
light transmittance value of forty-five (45) percent
or less. Such transmittance shall be limited to the
visible spectrum (400 to 700 nanometers), and
shall be measured as the percentage of light that is
transmitted through the glass, inside to outside.
ii. Rearrange lamps and other movable fixtures away
from windows.
III Use window treatments, including, but not limited
to, blinds and curtains, to shield interior lights from
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the beach
iv. Turn off unnecessary lights
4. All publicly owned lighting with light sources that are visible from
the beach, or that illuminate reflective surfaces that are visible
from the beach, shall be turned off after 9:00 p.m. between May 1
and October 31 of each year, or shall be fitted with a hood, or
positioned so that the light sources, or any reflective surfaces
illuminated by such sources, are not visible from the beach.
5. It shall be unlawful, during the nesting season, to construct any
structure, add any fill, mechanically clean any beach, or grade
any dirt within 100 feet of the nesting zone of a beach where sea
turtles nest or may nest, without obtaining a construction in sea
turtle nesting area permit from the County Manager or designee.
a. If sea turtle nesting occurs within 100 yards of the
construction, measured parallel to the shoreline during
permitted construction activities, the nest area shall be
flagged by the permittee and the County Manager or
designee informed prior to 900 a.m of that morning.
b. Depending on nest location. in relation to intensive
construction activities, the County Manager or designee
may require that the nest(s) be relocated by the applicant.
c. Construction activities shall not interfere with sea turtle
nesting. shall preserve or replace any native vegetation
on the site, must maintain the natural existing beach
profile, and minimize interference with the natural beach
dynamics and function.
d. Construction or repair of any structure, including, but not
limited to, dune walkovers, seawalls, or other revetments,
sandbags, groins, or jetties, shall not be permitted during
sea turtle nesting season on any County beaches, except
if permitted structures are damaged by a named storm or
other declared natural disaster and the following conditions
are met:
1. Minor repair 'Nork (boards need to be nailed back
to the 8l(isting intact structure, or a few boards
need to be replaced) that can be performed
completely from atop the structuro is authorizod
after obtaining the necessary approval of the FDEP
and notifying Collier County Environmental
Ser/ices of that work.
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2. Prior to any major repair .....ork (greator than that
desoribod in 1 above) or reoonstruotion of any part
of the structure, the following information shall be
provided to so that staff oan determine if tho major
ropair or reoonstruotion oan ocour prior to the end
of sea turtlo nesting season:
a Tho appropriate permit from FDEP.
b. The looation of all kno'Nn sea turtle nests.
Community Development and
Environmontal Servioos (CDES) staff will
pro'/ide assistanoo in looating nests.
Construotion aotivities shall not ooour within
10 foet of theso boundarios for 'liable nosts.
c. ^ sur/ey by a qualifiod oonsultant looatin!j
any !jopher tortoiso burrows on site within
60 feet of the struoture. Rolooation of
gophor tortoisos .....ill I:lo roquired when the
burrows are in harms way of the
oonstruotion aotivity.
d. Photographs of the site as it existed aner
the storm to dooument the oonditions of the
property.
o. An aorial of tho proporty showing the CCSL
lif1&.
f. A oopy of 3 CCSL varianoe or CCSL permit
if required and buildin!j permit approvin!j the
ori!jinal construotion of the struoture.
J. Sea turtle nest locations willl:le reestal:llished using
thoir previously rooorded GPS looations and
accuraoy data to identify a 95% confidenoe
boundary. Construotion aotivities shall not ooour
within 10 foet of theso boundaries for '/ial:lle nests.
Nests will be oonsidered viable for BO days from
the time the nest was reGorded unless it oan be
pro'/en that a partioular nest has I:leen dama!jed I:ly
the storm and there is no ohance of any hatchlings.
4. Minor struotures, as defined I:ly Florida Statutes
Sul:lseotion 161.055, of the Coastal Zone
Proteotion .'\ot of 1986, shalll:le approved pro'/ided
that they also oomply with:
a. Foderal requirements for elevations al:love
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the 100 year flood level,
b. Collier County Building Code reEluirements
for flood proofing,
c. Current building and lifo safety codes,
d. Collier County and State of Florida
Department of Environmental Protection
CCSL!CCCL regulations,
e. Applicable disability access regulations of
tho American Disasility Act (AD.^.), and
f. Any reEluired Collier County zoning and
other development regulations .....ith the
exception of existing donsity or intensity
requirements estaslished, unless
compliance .....ith such zoning or other
development regulations would preclude
reconstructien othel'\'.'ise intended by tho
Build sack Policy as determinod sy the
Emergency Review Board octaslished
herein.
i. Minor repair work (boards need to be nailed back
to the existinq intact structure. or qreater than 10
percent of the boards need to be replaced) that can
be performed completely from atop the structure is
authorized after obtaininq the necessary approval
of the FDEP and notifyinq the County Manaqer or
desiqnee of that work.
ii. Prior to any repair work (qreater than that
described in i above) or reconstruction of any part
of the structure. the followinq information shall be
provided so that staff can determine if the repair or
reconstruction can occur prior to the end of sea
turtle nestinq season:
a) The appropriate permit from FDEP.
b) The location of all known sea turtle nests.
The County Manaqer or desiqnee will
provide assistance in locatinq nests.
Construction activities shall not occur within
10 feet of these boundaries for viable nests.
c) A survey by a qualified consultant locatinq
any qopher tortoise burrows on site within
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50 feet of the structure. Relocation of
qopher tortoises will be required when the
burrows are in harms way of the
construction actiyity.
d) Photoqraphs of the site as it existed after
the storm to document the conditions of the
property.
e) An aerial of the property showinq the CCSL
line.
f) A COpy of a CCSL yariance or CCSL permit
if required and buildinq permit approyinq the
oriqinal construction of the structure.
q) Sea turtle nest locations will be
reestablished usinq their preyiously
recorded GPS locations and accuracy data
to identify a 95% confidence boundary.
Construction actiyities shall not occur within
10 feet of these boundaries for yiable nests.
Nests will be considered Yiable for 80 days
from the time the nest was recorded unless
it can be proven that a particular nest has
been damaqed by the storm and there is no
chance of any hatchlinqs
e. Minor structures. as defined by Florida Statutes
Subsection 161.055. of the Coastal Zone Protection Act of
1985. shall be approved provided that they also comply
with:
i. Federal requirements for eleyations aboye the 100-
year flood level.
II. Collier County Buildinq Code requirements for flood
proofinq.
iii. Current buildinq and life safety codes.
iv. Collier County and State of Florida Department of
Environmental Protection CCSLlCCCL requlations.
v. Applicable disability access requlations of the
American Disability Act (ADA). and
vi. Any required Collier County zoninq and other
development requlations with the exception of
existinq density or intensity requirements
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established. unless compliance with such zonina or
other development reaulations would preclude
reconstruction otherwise intended bv the Build back
Policv as determined by the Emeraency Review
Board established herein.
6. The following shall be obligations for all property owners who
have had sand washed ashore (as a result of a storm) and
deposited on the dune and seaward of the CCSL. As supported
by GMP Conservation and Coastal Management Element
Objective 10.4 and Policy 10.48, construction seaward of the
CCSL shall not interfere with sea turtle nesting, will minimize
interference with natural beach dynamics, and where appropriate
will restore the historical dunes and will vegetate with native
vegetation and help in the restoration of natural functions of
coastal barriers and beaches and dunes.
The property owner may be prohibited from removing the
deposited sand when it is determined that the wash over was a
part of the natural rebuilding of the beach and dune system. Only
native salt tolerant beach or dune vegetation may be planted on
the deposited sand, after obtaining a Collier County CCSL permit.
This shall not apply to sand washed over onto yards that have
received the appropriate Collier County approvals for landscaping
seaward of the CCSL (such as single family homes along
Vanderbilt Beach)
7. It shall be unlawful for any person to kill, molest, or cause direct or
indirect injury to any species of sea turtle in Collier County or
within its jurisdictional waters. It shall be unlawful to collect or
possess any part of a sea turtle.
C. Florida Scrub Jay. Habitat preservation for the Florida scrub jay
(Aphe/ocoma coerulescens) shall conform to the guidelines contained in
Technical Report No 8, Florida Game and Fresh Water Fish
Commission, 1991. The required management plan shall also provide for
a maintenance program and specify an appropriate fire or mechanical
protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-
site preserve and the need to maintain the scrub vegetation. These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999
D. Bald Eagle. For the bald eagle (Haliaeetus leucocepha/us), the required
habitat management plans shall establish protective zones around the
eagle nest restricting certain activities The plans shall also address
restricting certain types of activities during the nesting season. These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999 . the Bald Eaale Manaaement Plan
Adopted April 9. 2008 bv the FFWCC (and technical literature cited
therein). the Bald and Golden Eaale Protection Act. the Miqratorv Bird
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and Treaty Act. and the FAC. 68A-16.002 Bald EaQle protection.
E. Red-cockaded woodpecker. For the red-cockaded woodpecker (Picoides
borealis), the required habitat protection plan shall outline measures to
avoid adverse impacts to active clusters and to minimize impacts to
foraging habitat. Where adverse effects can not be avoided, measures
shall be taken to minimize on-site disturbance and compensate or
mitigate for impacts that remain These requirements shall be consistent
with the UFWS South Florida Multi-Species Recovery Plan. May 1999.
F. Florida black bear. In areas where the Florida black bear (Ursus
americanus f/oridanus) may be present, the management plans shall
require that garbage be placed in bear-proof containers, at one or more
central locations. The management plan shall also identify methods to
inform local residents of the concerns related to interaction between black
bears and humans. Mitigation for impacting habitat suitable for black bear
shall be considered in the management plan.
G. Panther. For projects located in Priority I and Priority II Panther Habitat
areas. the management plan shall discourage the destruction of
undisturbed, native habitats that are preferred by the Florida panther
(Felis conca/or caryl) by directing intensive land uses to currently
disturbed areas. Preferred habitats include pine flatwoods and hardwood
hammocks. In turn, these areas shall be buffered from the most intense
land uses of the project by using low intensity land uses (e.g.. parks,
passive recreational areas, golf courses). Golf courses within the RFMU
district shall be designed and managed using standards found in that
district. The management plans shall identify appropriate lighting controls
for these permitted uses and shall address the opportunity to utilize
prescribed burning to maintain fire-adapted preserved vegetative
communities and provide browse for white-tailed deer These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan. May 1999, and with the proYisions set forth in
this section.
H. West Indian Manatee. The management and protection t*m6
requirements based upon the Manatee Protection Plan for the West
Indian Manatee are set forth in section 5.05.02.
(Ord. No. 05-27, S 3.J)
3.04.03 Requirements for Protected Plants
The followinQ plants shall be retained on site when located within preserves. When
located within areas to be developed. the followinq plants shall be relocated to the on-
site preserves if the on-site preserves are able to support the plants and relocation is
considered feasible. as determined by the County Manaqer or desiQnee. Relocation of
Less Rare plants listed below shall only be required for those individual plants located
within ten feet of the qround. since they are all epiphytic species. Plants listed as Less
Rare shall only be relocated to the on-site preserves if on-site densities of these plants
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within the preserves are less than that typically found in environments containinq these
species. When available. the species of plants listed below may be planted within
preserves from nursery qrown stock in lieu of relocation on-site. Where retention or
relocation of plants to on-site preserves is not feasible or needed, relocation to on-site
open space areas or suitable locations off site is encouraqed.
Rare Plants:
Clamshell orchid
Cowhorn orchid
Curtis milkweed
Ghost Orchid
Prickly apple
Golden creeper
Inkberry
Satinleaf
Simpson's stopper
Wild cotton
Less Rare Plants:
Butterfly orchid
Cardinal airplant
Giant wild pine
Inflated wild pine
Twisted airplant
Encyclia cochleata
Cyrtopodium punctatum
Asclepias curlissii
Polyrrhiza Iindenii
Cereus aracilis
Ernodea lit/oralis
Scaevola p/umieri
Chrvsophvllum olivaeforme
Mvrcianthes fraarans var simpsonii
Gossvpium hirsutum
Encyclia tampensis
Tillandsia fasciculata
Tillandsia utriculata
Tillandsia balbisiana
Tillandsia flexuosa
3.04.03 3.04.04 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
section or fails to comply with any of its requirements shall upon conviction thereof be
fined, or imprisoned, or both, as provided by law Each day such violation continues
shall be considered a separate offense. Each taking of a gopher tortoise shall constitute
a separate violation. It is not the intent to include tortoises that may be accidentally
injured or killed during an approved relocation procedure that is done by a qualified
consultant, in accordance with their protection/management plan. Any other person, who
commits, participates in, assists in, or maintains such violation may each be found guilty
of a separate offense and suffer the penalties herein provided. The county, in addition to
the criminal sanctions contained herein, may take any other appropriate legal action,
including but not limited to injunctive action, to enforce the provisions of this section.
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Teresa L. Polaski
From:
Sent:
To:
Subject:
Attachments:
pui9.J [JudyPuig@colliergov.net]
Monday, March 22, 20108:27 AM
Teresa L. Polaski
RE: DSAC Backup
New Replacement Flood Damage Prevention Ordinance 7-1-08.doc; 4 02 27 Immokalee SR
29 Subdistrict Overlay Requirements (061908) LK.doc; 4 07 02 J Design Requirements in
PUDs (061908) LK.doc; 100202 G Submittal Requirements for All Applications (061908)
LK.doc; 100203 Time Limits (070208) CAF.doc; 100204 B 1 Submittal Requirements For
Plats (070308) CAFrev.doc; 100207 C 1 b -Traffic Waiver 061908 (LK).doc; 100207
Submittal Requirements for Certificates of Public Facility Adequacy (061808) MD-doc;
Current DSAC roster 2008 as of 4-16-08.doc; Floodplain Management Committee response
from questions.pdf; Floodplain Management email response from Robert Wiley.pdf; May 2008
Summary of Plan Review Actlvity.xls; May 2008 Time Frame Summary.xls
Here is email1l2 for July 2008. There are (13) documents attached.
Judy Puig
Judy Puig, Operations Analyst
Community Development &
Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
(239) 252-2370
(239) 252-6348 Fax
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Sent: Friday, March 19, 2010 3:43 PM
To: puig,j
Subject: DSAC Backup
Hi Judy,
Can we get a copy of any DSAC meeting backup documents you might have? We only have the abbreviated minutes and
have had requests for backup documents. If you do have this info could I get it for 2008 to current. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Boord of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa .Pa loski@callierclerk.com)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(cj)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
1
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
"Llf,";
l"cunL, !equc'~;t dc, Ii.)! ':;end
2
DRAFT 7-1-08
ORDINANCE 2008-
AN ORDINANCE, TO BE KNOWN AS THE FLOOD
DAMAGE PREVENTION ORDINANCE OF 2008;
PROVIDING FOR STATUTORY AUTHORIZATION;
FINDINGS OF FACT; STATEMENT OF PURPOSE;
OBJECTIVES; DEFINITIONS; LANDS TO WHICH
THIS ORDINANCE APPLIES; BASIS FOR
EST ABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD; DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; DEVELOPMENT IIl:RMIT
REQUIRED; COMPLIANCE; ABRqQJ\lION AND
GREATER RESTRICTIONS; INTERPRETATION;
WARNING AND DISCLAIMER OF LIABILITY;
PENALTIES FOR VIOLATI(>N; APPLICATION
PROCEDURE FOR PERMIT; GENERAL
STANDARDS FOR FLOOD HAZARD REDUCTION;
SPECIFIC STANDARDSJilOR A-ZONES WITH
BASE FLOOD ELEV A TIONB' ,AND WITH OR
WITHOUT REGULATORY. FLOODWAYS;
SPECIFIC STANDAR.I>S FOR A.;ZONES WITHOUT
BASE FLOODELE:v~m~,S AND REGULA TORY
FLOODW A YS; SP.ECIFIt<tliiSTi<\NDARDS FOR AO-
ZONES;.sPECIFIC 'S1A~~SFOR COASTAL
HIG!J,lI.A,z.-\.RD AREASj(V~ZQNES); SPECIFIC
STANDAIIDSFOR CVMluLATIVE SUBSTANTIAL
IMPROVEMENT; spmcit~Ic STANDARDS FOR
SUBDIVISION PLATS; "gPECIFIC STANDARDS
FOR CRITICAL FACILITIES; SPECIFIC
STANDARDS FOR STORMWATER MANAGEMENT
FACILITIES INSPECTION AND MAINTENANCE;
SPECIFIC STANDARDS FOR PERIODIC
INSPECTION, TESTING AND INSTALLATION
TRAINING OF DRY FLOODPROOFING
COMPONENTS; SPECIFIC STANDARDS FOR
FLOOD HAZARD DISCLOSURE; APPEALS
PROCEDURE; V ARIANCE PROCEDURE,
CRITERIA AND NOTICE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR REPEAL AND
REPLACMENT OF COLLIER COUNTY
ORDINANCE NO. 86-28 (AS SUBSEQUENTL Y
AMENDED BY ORDINANCE 87-80, ORDINANCE
90-31, AND ORDINANCE 2005-51); PROVIDING
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FOR LIBERAL CONSTRUCTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County eommissioners seeks to protect
the health, safety and welfare of the citizens ofeollier County; and
WHEREAS, the t100d hazard areas of Collier County are subject to periodic
inundation, which could result in loss of life and property. health and safety hazards,
disruption of commerce and governmental services, extraordinary public and privatc
expenditures for t100d protection. recovery, and rclicf~ and impairmcnt of the tax base. all
of which adversely affect the public health, safety and general welfare; and
WHEREAS, losses ffom t100ding may be ca\lsed by the cumulative effect of
obstructions in t100dplains causing increascs in t100d heigll.ts amk,elocities, and/or by the
occupancy in t100d hazard areas by uses vulnerable to t100ds or hazardous to other lands
which are inadequately elevated, t1oodproofed,or otherwise unprotected from flood
damages; and
WHEREAS. Chapter 125, Florida Statutes, establishes the right and power of
counties to provide for the health, welfare and sa.fety of existing and future residents by
enacting and enforcing regulations pe~e~sary for the::protection of the public including
t100d damage prevention ordinarlceS;llIl~ ."
;."..,
,,;;,',;1'
WHEREAS, ehilpter 163. 'Part II, (r;,041l11;~"emment Comprehensive Planning
and Land Development Regulations A.ct), Florida Stlflutes, provides that counties shall
have the power and responsibility to plan comprehensively for their future development
and growth including(he adoption and implementation of appropriate land development
rcgulations which are nllce~aryor desirable to implement a comprehensive plan,
including thc regulations of areas subject to seasonal and periodic t100ding as provided in
Section 153.3202(2)(d), Florida Statutes; and
WHEREAS, Collier County is a participant in the Community Rating System
program of the National Flood Insurance Program (NFIP) which is administered by the
Federal.Emergency 'MfUlagement Agency (FEMA) of the U.S. Department of Homeland
Security;anu
WHEREAS, Collicr County, Florida had prcviously adopted a Flood Damage
Prevention Ordinance (Ordinancc 86-28, as subsequently amendcd by Ordinance 87-80.
Ordinance 90-31. and Ordinance 2005-51) and desires to clarify its Flood Damage
Prevention Ordinance to assure that its ordinance is compatible with federal and state
regulations, including meeting certain criteria in the eommunity Rating System program;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 1: STATUTORY AUTHORIZATION
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The Legislature of the State of Florida has in ehapter 125, Florida Statutes, delegated the
responsibility to local governmental units to adopt regulations designed to promote the
public health, safety and general welfare of its citizenry.
SECTION 2: FINDINGS OF FACT
(1) The flood hazard areas of Collier County are subject to periodic inundation, which
could result in loss of life, property damagc, health and safety hazards, disruption of
commerce and govcrnmental services, extraordinary publiC;llxpenditures for flood
protection and relief, and impairment of the tax base,~nofwhich could adversely
affect the public health. safety and gcneral welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in flood
plains causing increascs in flood heights and velocitics. and by the occupancy in
flood hazard areas by structures vulnerable to floods or hazardous to the lands
which are inadequately elevatcd. t1oodproofed, or otherwise inadequately protected
from t100d damages.
SECTION 3: STATEMENT O'FPU~~..
;~:'Hn .,
It is the purpose of this ordinance topromotethbRltbli~;health, safety and general welfare
and to minimize public.andpr.ivate losses due to f1oodconditions in specific areas
through provisions designed to:
(I) Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, which result in damaging increases in erosion or in t100d
heights and veloCities;
(2) Require that uses vulnerable to Hoods. including facilities which scrvc such uses, be
protected against flood damage throughout their intettded life span;
(3) Control the alteration of natural floodplains. stream channels, and natural protective
barriers which are involved in the accommodation of Hood waters;
(4) Control filling, grading, dredging and other dcvelopment which may incrcase
crosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
SECTION 4: OBJECTIVES
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The objectives of this ordinance are to:
(I) Protect human life, health and to eliminatc or minimize property damage;
(2) Minimize expenditure of public moncy for costly flood control projects;
(3) Minimize the need for rescuc and relief efforts associated with flooding and
generally undertakcn at thc cxpcnse of the general public:
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such .as water and gas mains.
electric, telephone and sewer lines, roadways, and bri4ges and culverts located in
floodplains:
(6) Maintain a stable tax base by providing fo-r the sound use andde'llillopment of flood
prone areas in such a manner as to minimize flood blight areas:
(7) Ensure that potential home buyers are notified that property is in a flood hazard area:
and
(8) Ensure that those who occupy;; tl1e areas of $Pll"ial flood hazard assume
responsibilities for their actions.
SECTION 5: DEFINITIONS
Unless specifically defincd below. words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usagc and to give this
ordinance its most rcasonable application:
Ac~~SQry struc~llr" .(Appurtenant structure) means a structure that is located on the
samep,W;felofpropb~as the principal structure and the use of which is incidental to the
use of'the,;principal.structure. Accessory structures should constitute a minimal
investmenf,'may,no(pe used for human habitation, and should be designed to have
minimal flood damage potential. Examples of accessory structures are detached garages,
carports, storage sheds, pole barns. and hay shcds. This does not include a guest house
which is defined in the Collier eounty Land Development Code as an accessory dwelling
structure.
Act means the National Flood Insurance Act of 1968. U.S.C. 4001. ct. seq. and any
amendments thereto.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common loadbearing wall
other than a tire wall required by the Standard Building Code. Any walled and roofed
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addition which is connected by such lire wall or is separated by independent perimeter
load bearing walls is new construction.
Administrator means the Federal Insurance Administrator.
Anchored means adequately secured to prevent flotation, collapse, or lateral movement
by floodwaters.
Appeal means a request for a review of the Floodplain Administrator's interpretation of
any provision of this ordinance or a request for a variance.
Area of shallow flooding means a designated AO or Al::F~ne on the community's
Flood Insurance Rate Map (FIRM) with base flood depths frOO'l.onc to three fcet where a
clearly dcfined channel does not exist, wherc the path of flooding is unpredictable and
indeterminate, and where velocity flow may bc evident. Such flooding is characterized
by ponding or sheet flow.
Area of special flood hazard is the land in the flood plain within a community subject to
a one percent or greater chance of flooding in any given year. These arcas are designated
on the l100d insurance rate map (FIRM). This term is synonymous with the phrase
"speciall1ood hazard area."
A Zones means any type of speblilkFloo<;! Hazard Area flood zone designation that
begins with the letter "A". It is notintendeq}(ij.'f'ffer to only the specific designation of
Zone A which does not have an establillhectbaSeflooqelevatiott.
Base flood meaJ)l;tn.e flood having a one percent chance of being equaled or excceded in
any given year (also sometitnesJialk1d the "IOO-year flood" and the "regulatory flood").
Base 1100d is the term used throughout .this ordinance.
Base flood elevation (BFE)lneans the elevation shown on the Flood Insurance Rate
Map (FIRM) for Zo.nes AE, AH, AI-A30, AR, ARIA, ARlAE, ARlAI-A30. ARlAH,
ARlAQ, VI- V30, and '\IE that indicates the water surface elevation resulting from a l100d
that has a 1 percent chance of equaling or excecding that elevation in any given year.
Basement means any arca of a building. including any sunken room or sunken portion of
a room, having its floor below ground Icvel (sub-grade) on all sides.
Breakaway wall means a wall that is not part of the structural support ofthc building and
is intended through its design and construction to collapse under spcci tic lateral loading
forces without causing damagc to the elevated portion ofthc building or the supporting
foundations system.
Building -See "Structure".
Chief Administrative Official wherever used shall mean the County Manager.
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Coastal floodplain means the floodplain area identified by an analysis of the base flood
from coastal surge.
Coastal high hazard area means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other
area subject to high velocity wave action from storms or seismic sources. The County
shall consider the Coastal High Hazard Area as the area seaward of the eoastal
Construction Control Line established by the Florida Department of Natural Resources
on June 27, 1989, and the National Flood Insurance Program (Vi) zones indicated on the
FIRM, as zones Vl-30, and VE or V, whichever is the mostIlllI\l~lt{d. The land mass
seaward of this line is considered the Coastal High Hazard Area.
Community means all area within the boundaries
the incorporated municipalities.
Florida, including
Community Rating System (CRS) means;anE\'fogram developed by FEMA to provide
incentives for those communities in the ReguhtrProgf!\lILofthe NationaUlJood Insurance
Program that have gone beyond the minimum floodplain management requirements to
develop extra measures to provide protcction from flooding.
County whenever used shall mean unincorporated Collitlt County, Florida.
Datum means a referenctl surface used to epsure that all elevation records are properly
related. Many comm~1ie~lIave their own dabJunthlll was developed before there was a
national standard. Thectirtent<national,datum is the National Geodetic Vertical Datum
(NGVD) of 1929, w,hich is expressed"irii;relation to mean sea level, or the North
A~erican VertiCa11;ffi...~\Iffi.,.,. n.'Qll'dj},;'D.,.l...O.J.' 19!~~; The FIRMs prepared by, FEMA with a
FEMA dat€liilf1m~ffiI~r!.7,2005 are based upon the NA VD oj 1988.
Developmentmeans any man-made change to improved or unimproved real estate,
includipg but not limited to buildings or other structures, mining, dredging, filling,
gradi:ng, paving, excavation or drilling operations. or storage of equipment or materials.
Development permit means any County permit which must bc approved by the County
prior to proceedipg w,ith any "Development".
Elevated building means a structure that has no basement and that has its lowest
elevated floor raised above ground levcl by foundation walls, shear walls, posts, piers,
columns, or pilings.
Elevation means the measured vertical distancc of a location in relation to an official.
established datum. Elevation datum may be the National Geodetic Vertical Datum of
1929 (NGVD) or North American Vertical Datum of 1988 (NAVD), whichever is
specitied on the effective FIRM at the time of measurement.
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Enclosed area or enclosure means that portion of an elevated building below the lowest
elevated f100r that is either partially or fully shut in by rigid walls..
Encroachment means the advance or infringement of uses, plant growth, till. excavation,
buildings, permanent structures or development into a f1oodplain, which may impede or
alter the f10w capacity of a f1oodplain.
Existing construction means, for the purposes of f100dplain management, structures for
which the "start of construction" commenced before September 14, 1979 (the effective
data of the first FIRM for Collier County as previously stated in Ordinance 86-28).
"Start of Construction" means the date of approval of the,;.!iJre's building permit,
provided the actual start of construction, repair. reconsttlih~.' or improvement was
within 180 days of the permit date as more fully defin.ed below. This term may also be
referred to as "existing structures".
"Existing manufactured home park or subd~v;isi(m" means a tri~~red home park
or subdivision for which the construction o~lf~~mties for servicing theiots'on which the
manufactured homes are to be affixed (inclU~~gJ~t a minimum. the installation of
utilities. either final site grading or the pouring of concrete pads. and the construction of
streets) was completed before Septel11ber 14, 1979 (the effective date of eollicr County's
first FIRM and as previously stated in Ordinance 90-31).
Existing structure means a structure for whichth~"start of construction" commenced
before September 14, 1979 (the effec(jycdate of Collier eounty's first FIRM).
'<: "i
Expansion to an.~xi~furgmllJJ.ufacturedb()me park or subdivision means the
preparation ofa~~l~~al sit~;@an existing manufactured home park or subdivision by
the construction oi'fa(JHiticlj~i~eliYjfing the lots on which the manufactured homes are
to be affixed (including theinsiml~iprno,lf\!tilities. either final site grading or pouring of
concrete. pads, ortpe conspuqtion of sireets).
.. ... ." . ..
'i.<'" . "."". ....',
li;',,: ......... ..,0.:"
.... .. . . '. "." . .. .. ..
Ex.t~ely haz~fdous sulJ~~l1ees facilities means all buildings, cquipment, structures,
and other stationary items which are located on a single site or on contiguous or adjacent
sites and which are owned or operated by the same person (or by any person which
controls, iscontro. lied by. , or under common control with, such person) whcre chemicals
or substanceSi~~ttcts or wastes) that have been identified by the United States
EnvironmentalPrbtection Agency (EpA) on thc basis of toxicity, reactivity, f1ammability
and/or corrosiveness, and listed under Title III of the Superfund Amendments and
Reauthorization Act (SARA) are generated, uscd, or stored.
Federal Emergency Management Agency (FEMA) means the federal agency under
which the National Flood lttsurance Program (NFIP) is administered. In March 2003.
FEMA became part of the newly crcatcd U.S. Department of Homeland Security.
FIRM means the Flood Insurance Rate Map.
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Flood or flooding means
(I) A general and temporary condition of partial or complete inundation of two or more
acres of normally dry land area or of two or morc properties (at least one of which
is the affected policy holder's property) from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surfacc waters from any
source.
(c) Mudslides (i.e., mudflows) which are proximatelycauscd by flooding as
defined in paragraph (a) (2) of this definitioll and are akin to a river of liquid
and flowing mud on the surface of normaDily'~llWdili\feas, as when earth is
carried by a current of water and deposited akmg theplll!p}f the current.
(2) The collapsc or subsidence of land alolllta.,shore of a lake or similar body of water
as the result of erosion or underminlngcauseJ 'l{Y waves or currcnts of water
exceeding anticipated cyelicallevels or suddenlYllatised by an unusually high water
level in a natural body of water. accompanied by a severe storm or by an
unanticipated force of nature, ~uch as a flash'flQ(ld or an abnormal tidal surge or by
some similarly unusual andunforeseeablc cvent 'Whichrcsults in 1100ding as defined
in paragraph (I) (a) of this definition:
Flood elevation determination means a determinati6nby the Administrator of the water
surface elevations of the base flood. that is, .the flood level that has a one percent or
greater chance of occurrence in any given year.
Flood Insurance Rate Map (FIRM) means an official map, or map series, of the
community, issued by FEMA, which delineates both the areas of special flood hazard and
thed~:preD1i\l:\'l1g()nes applicaple to the community.
FloC)d Insurance Study means the official hydraulic & hydrologic report provided by
FEMA use~to develop the flood insurance rate maps and the water surface clevation of
the base flO\hd.l'he ~tudy contains an examination, evaluation, and determination of
1100d hazards, and, ifappropriate. corresponding water surface elevations, or an
examination, evaluation, and determination of muds Ii de (i.e., mudflow) and other flood-
related erosion hazards. The study may also contain Hood protilcs, as well as the FIRM,
FHBM (where applicable). and othcr related data and information.
Floodplain or flood-prone area means any land area susceptible to being inundated by
water from any source (see definition of "flood"). Collier eounty, Florida. being a
coastal community. has areas of floodplain from coastal surge Hooding and areas of
floodplain from interior basin, riverine. rising water flooding.
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Floodplain administrator means thc pcrson, including subordinate statling, designated
by the eounty Manager to be responsible for the administration. implementation and
cnforcement of the floodplain management regulations of the County.
Floodplain management means the operation of an ovcrall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible. natural resources in the floodplain, including but not limited to emergency
preparedness plans, flood control works, floodplain management regulations, and open
space plans.
Floodplain management regulations means this ordinance and other zoning ordinances,
subdivision regulations, building codes. health regulations, special purpose ordinances
(such as a floodplain ordinance. grading ordinance and erosiQJa.~ntrol ordinance) and
other applications of police powers which control developmenUl\::flood-prone areas. The
term describcs Federal, State of Florida. or local regulations, in any combination thereof,
which provide standards for preventing and/or reducing f100d loss and damage.
Floodproofing means any combination of structural and non-structural additions.
changes, or adjustments to structures. which reduce o~elitIlinate f100d damage to real
estate or improved real property. water and sanitationfacilitics. or structures and their
contents.
Dry f1oodproofing utilizes construction materials, and techniques able to
withstand the hydrostatic and hydrodynamic loads and buoyancy forccs that
would be caused by flood depths, preSSUres, velocities, impact, and uplift forces
associated wi$the base flood andkeepfldod waters from entering thc building
up to one foot above the base fl~~]~lus any required ti-eeboard elevation. All
areas of the building componentsbelo\:" the base flood elevation plus one (I) foot,
plus any required freeboard, mt!t$tbe water tight with walls substantially
impermeable to the passage 'o;f~ater, and contain an internal seepagc collection,
control and discharge system capable of operating during periods of electrical
power loss. The internal seepage collection. control and discharge system (e.g.
sump pump) must be capable of handling an allowable sccpage rate for the entire
building up to four (4) inches of water depth during a 24-hour period (103
gallons/hourllOOO square feet). In designing the building to be substantially
impermeable, the allowable sccpagc calculation assumes that thc internal seepage
collection, control and discharge system is not in place and functioning, so it
cannot be used in thc calculations to offset the leakagc to bclow four (4) inches
per 24 hours. For existing buildings where no internal seepagc collection, control
and discharge system was provided. thc maximum allowable secpage rate for the
entire building is one quarter (1/4) inch of water depth during a 24-hour period
(6.5 gallons/hourll 000 square feeL) Flood resistant materials must be used in all
areas where such seepage is likely to occur. Thc building's utilities and sanitary
facilities. including heating. air conditioning, electrical, water supply. and sanitary
sewage services, must be locatcd above the base flood elevation. plus any
required freeboard, completely cncloscd within the building's watertight walls or
made watertight and capable of resisting damage during flood conditions.
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Dry flood proofing components for openings through the substantially
impermeable walls (c.g. doors. windows, ctc.) must be installed within four (4)
hours after issuance of a Hood warning or a hurricane warning by the National
Hurricane eenter.
Wet floodprooting utilizes construction materials and techniques able to
withstand prolonged submergence without damage and readily allow floodwaters
to enter the building up to one foot above the base flood elcvation, plus any
required freeboard elcvation.
Floodway means the channel of a river. canal, or other watercourse and the adjacent land
areas that must be reserved in order to discharge the bl.lSe.flood without cumulatively
increasing the water surface elevation more than one fo~jU
Floodway fringe means that area of the floqdplain on cither side of the regulatory
floodway where cncroachment may be permitted without additional hydraulic and/or
hydrologic analysis.
Freeboard means the additional height. usually eXpressed as a factor of safety in feet,
above a flood level for purposes of floodplain management. Freeboard tends to
compensate for many unknown. factors, such as wave action, bridge openings and
hydrological effect of urbanizatiol!.of the watershed, which could contribute to flood
heights greater than the height calculated for a selected frequency flood and flood way
conditions.
Functionally d,ependent use means a use which cannot perform its intended purpose
unless it is locatee & carried o\ltin close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers. shipbuilding or
ship repair. The term does not include long-term storage. manufacture. sales, or service
facilities.
Hardship as related to variances from this ordinance means the cxceptional hardship
associa~i~ith the l!J.lld:that would result from a failure to grant the requested variance.
. ':."""_.. ..'....'1"..':..'..
The comrntiliityreq1,iires.that the variance be exceptional. unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps. personal preferences, or the
disapproval of one's neighbors likcwise cannot, as a rule. qualify as an exceptional
hardship. All of these problems can be resolved through othcr means without granting a
variance. even if the alternative is more cxpensivc. or requires the property owner to
build elsewhere or put thc parcel to a ditTcrcnt use than originally intcnded.
Highest adjacent grade means the highest natural elevation of the ground surface. prior
to the start of construction. next to the proposed walls of a structure.
Historic structure means any structure that is:
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(1) Listed individually in the National Register of Historic Places (a listing maintained
by Department of Interior) or preliminarily detcrmincd by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by thc Secretary of the Interior as contributing
to the historical significancc of a registercd historic district or a district
preliminarily determined by the Secretary to quality as a registcrcd historic district;
(3) Individually listed on a state inventory of historic placcs in states with historic
preservation programs which havc been approved by the Secretary of the Intcrior;
or
(4) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have beeilll:ertified either:
a. By an approved state program as deteriiiined by the Secretary ofthe Interior;
or
b. Directly by the Secretary of the Interio~instates without approved programs.
Letter of Map Amendment (LQMA) means an amendment to the currently effective
FIRM that establishes that a properly m not located inaSpecial Flood Hazard Area. A
LOMA is issued only by FEMA.
Letter of Map Revision (LOMR) /l'lelllls an official amendment to the currently
effective FIRM. It is issued by FEMA-and changes flood zones, delineations, and/or
elevations.
Lowest adjacent grade means the lowest elevation, after thc completion of construction,
of the ground, sidewalk, patio, deck support, or basement entryway immediately next to
the strUctUre.
Lowe~t~()!,r mcans~l1owest floor of the lowest enclosed area (including basement).
An unfi>>5~~~gor floo\li~esistant enclosure, usable solely for parking of vehicles, building
access, or's~~g\l,iI),!llUirea other than a basemcnt. is not considered a building's lowest
floor, provid\ld't:hats~h enclosure is built so as to not rcnder the structurc in violation of
design standards of this ordinance.
Mangrove stand means an assemblage of mangrove trees which are mostly low trees
noted for a copious development of interlacing adventitious roots above the ground and
which contain one or more of the following species: black mangrove (Avicennia
germinans); red mangrove (Rhizophora mangle); white mangrove (Languncularia
racemosa); and buttonwood (Conocarpus erecta).
Manufactured home means a structure, transportable in one or more scctions, which is
built on a permanent chassis and is designed for use with or without a permanent
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foundation when connected to the required utilities. The term also includes park trailers,
travel trailers, and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property. "Manufactured home" does not
include "recreational vehicles".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rcnt or sale. A manufactured
home park or subdivision includes the construction of facilities for servicing the lots on
which the manufactured (mobile) homcs are to be affixed including. at a minimum, the
installation of utilities. the construction of strects. and either final site grading or thc
pouring of the concrete pads.
Map means the Flood Insurance Rate Map (FIRM) for Collier County, Florida. issued by
FEMA, having an effective date of November 17,2005, as may be amended.
Market value means the building value, wh\chislJIe real proPCJ1~nJ#W?excluding the
land value and that of the detached accessPfYstructures"and other ifilflm!te!?1ents on site
(as agreed to between a willing buyer and seller} as;l!!llEiplishcd by w,]!~hhe local real
estate market will bcar. Market value can be~t!l611~H~d by an independent certified
appraisal (other than a limited or curbside apprais~H,;~ one based on income approach),
Actual Cash Value (replaccment cost depreciatcd 'fQi age and quality of construction of
building), or adjusted tax-assessed values.
Mean sea level means the average height ofthe sea for all stages of the tide. It is used
as a reference for establishingvarious~le\'ations within the floodplain. For purposes of
this ordinance, thete!'.m.issYllJ;>;n:ymous wilJItHe North American Vertical Datum
(NA VD) of 1988.;The Natiilna.lGeodetic Vertical Datum (NGVD) of 1929 may also be
used provided thata!lollve~io~:toNA VD is included and clearly identified as to which
clevation relates to whichdamfu.
National Flood Insqrance Program (NFIP) means the program of flood insurance
coverage and floodplain management administered under the National Flood Insurance
Act of 1968 (as amended) and applicable Fedcral regulations promulgated in Title 44 of
the eode of Federal Regulations, Subchapter B.
National Geoo,e,1ic"Yil!rtical Datum (NGVD) means National Geodetic Vertical Datum
of 1929 (formei'l~;~tled Mean Sea Level Datum of 1929), a vertical control used as a
reference for establishing varying elevations within the floodplain in relation to mean sea
level.
New construction means. for floodplain management purposes, any structures for which
the "start of construction" commenced on or after September 14. 1979 (the effective date
of the first FIRM for Collier eounty as previously stated in Ordinance 86-28). The term
also includes any subsequent improvements to such structures.
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New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets and either final site grading or the pouring of concrete
pads) is completed on or after September 14. 1979 (the etTective date of the first FIRM
for eollier County as previously stated in Ordinance 86-28).
Non-residential means small business concerns. churches. schools, farm buildings
(including grain bins and silos). pool houses, clubhouses, recreational buildings.
mercantile structures, agricultural and industrial structures. warehouses, hotels and motels
with normal room rentals for less than six (6) months' duration. Non-Residential does
not include nursing homes or any buildings used as emergency evacuation centers in
accordance with the Collier eounty Hazard Mitigation Plan.
North American Vertical Datum (NA VD) of 1988 means a vertical control used as a
reference for establishing varying elcvations within the floodplain in relation to mean sea
level.
Obstruction means any type of lower area enclosure or other construction element that
will obstruct the flow of velocity water and wave action beneath the lowest horizontal
structural membcr of thc lowcst floor of an clcvated'building during a base flood event.
This requirement applies to the structures in velocity zones (Zone VI - V30. VE. or V).
Perso.n includes any in,%}!j~~al or group of indi\ljffmt'~LRorporation, or any other
orgamzed group ofp\1t~l'Mi!!W,ludmg'~tateandjl()cal!ltovernments and agencIes thereof.
\",..........'^..
Program' deficiency means a defect in the community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations or of the standards required by the National Flood
Insurance Program.
Public safety and nuisance means anything which is injurious to safety or health of the
entire community or a neighborhood, or any considcrable number of persons. or
unlawfully obstructs the free passage or use. in the customary manner. of any navigable
lake, or river, bay, stream, canal. or basin.
Recreational vehicle means a vehicle which is:
(1) built on a single chassis;
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(2) measures 400 square fect or less when measured at the largest horizontal projection;
(3) designed to be selt~propelled or permanently towable by a light duty truck; and
(4) designed primarily not for use as a permanent dwelling but as temporary living
quarters for rccreational. camping. travel or seasonal use.
Professional land surveyor or professional surveyor and mapper means a surveyor
registered and/or licensed by the State of Florida to cngage in the practice of land
surveying in Florida or who is authorized by the State of Florida to practice land
surveying in Florida undcr a reciprocal registration or licensing agreement with another
State.
Registered professional architect means an architectregistereqandlor licensed by the
State of Florida to practice architecturc in Florida or who is aU1:horlze~ by the State of
Florida to practice architecture in Florida under a reciprocal regisfflliion:or licensing
agreement with another State.
Registered professional engineer means an enti,l1eer registered and/or licensed by the
State of Florida to practice engineering in Florida;~^who is authorized by the State of
Florida to practice engineering in Florida under a recipr;\}cal registration or licensing
agreement with another State. .'
Remedy a deficiency or violation means to bring the regulation, procedure, structure or
other development into compliance with State of Florida, Federal or local floodplain
managemcnt rcgulations; or if this is not possible, to reduce the impacts of
nottcompliance. Ways the impacts may be rcduced include protecting the structure or
other affect cd development from tlood damages. implementing the enforcement
provisions of this ordinance or otherwise detcrring future similar violations. or reducing
Federal fil1la1lcialexposurewith regard to the structure or other devclopment.
Riverine means .relating to, formed by, or resembling a river (including tributaries),
stream, brook. etc.
Riverine floodplain means the tloodplain area identified by an analysis of the base tlood
from rainfall.
Sand dune means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Shallow flooding means the same as area of shallow tlooding.
Special flood hazard area means the same as area of special tlood hazard.
Start of construction [for other than ncw construction or substantial improvemcnts
under the Coastal Barrier Resources Act (P.L. 97-348)]. includes substantial
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improvement. and means the date the building permit was issued, provided the actual
start of construction. repair. reconstruction, rehabilitation. addition or improvement was
within 180 days of the permit date. Thc actual start means the first placemcnt of
permanent construction of a building (including a manul'actured home) on a site, such as
the pouring of slabs or footings. installation of piles, construction of columns. or any
work beyond the stage of excavation or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation. such as clearing,
grading and tilling; nor does it include excavation for a basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the installation of
streets and/or walkways; nor docs it include excavation for a ba~ement, footings, piers or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garagcs or sheds not occupied as dwelling units
or not part of the main structure.
For a substantial improvemcnt, thc actual start of constructiott means the first alteration
of any wall. ceiling, t1oor, or other structural part of a building. whether or not that
alteration affccts the external dimensions of the building.
State means the several statcs. the District of Columbia, the territories and possessions,
the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands.
Structure means:
(I) for floodplain management purpo~, ~~Ied and roofed building, including a gas
or liquid storag!-lt$lk that is princi~}';'above ground, as well as a manufactured
home. .
(2) for flood insl.tJ'<<n1Je pl.tJ'!1Qses, means:
-!}.btlilding ~hj:wo or more outside rigid walls and a fully secured roof. that
is3l1ff~<llito a pd~nt site;
A manUfliewred hottie (also known as a mobile home), built on a permanent
chassis, transported to its site in one or more sections, and affixed to a
permanent foundation; or
(c) A travel trailer without whcels. built on a chassis and aflixed to a permanent
foundation, which is regulated under the community's floodplain management
and building ordinances or laws.
For the latter purpose, "structure" does not mean a recreational vehicle or a park
trailer or other similar vehicle. except as described in sub-paragraph (2)( c) of this
definition, or a gas or liquid storage tank.
Substantial damage means damagc of any origin sustained by a structure whereby the
cost of restoring the structurc to its before damaged condition would equal or exceed 49
percent of the market value of the structure before the damage occurred.
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Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 49 percent of the market
value of the structure before the "start of construction" of the improvement. This term
includes structures which have incurrcd "substantial damage". regardless of the actual
repair work performed. The term docs not. however, includc either:
(1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have bcen identified by
the local code enforcement official and which are the minimum necessary to assure
safe living conditions; or
(2) Any alteration of a "historic structure", provided that the alteration will not preclude
the structure's continued designation as a "historic structure".
Substantially improved existing manufactured home'parksorillll.hdivisions is where
the repair, reconstruction. rehabilitation or i~ovement of the stt~ijWmj(jlities and pads
equals or exceeds 49 percent of the valu~,~;f!ll1e streets, utilities anll'pads before the
repair, reconstruction or improvement commenCed.
Variance means a grant of relieffrom the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance.
Violation means the failure of a structure or other developtJ.'lent to be fully compliant
with Collier County's tlood plain managemcnt regulations. A structurc or othcr
development without the elevation certificate. other certifications. or other evidence of
compliance requirediuthisordinance is presumed to be in violation until such time as the
documentation is provided.
V-zone means any type MSpecial Flood Hazard Area tlood zone designation that begins
with the letter "V". V -Zones<;lre velocity zones where velocity flow and wave height of
three feet (3') or greater is anticipated to occur during a base Hood event. It is not
intended to refer to only the specific designation of Zone V that does not have an
establillhedbase flood elevation.
Watercourse means a lake. river, creek, stream, canal, wash, channel or other
topographic feature within, on, or over which waters flow at least periodically.
Watercourse irtCltides specifically dcsignated arcas in which substantial flood damage
may occur.
Water surface elevation means the height, in relation to the North American Vertical
Datum (NA VD) of 1988 or the National Geodetic Vertical Datum (NGVD) of 1929 of
floods of various magnitudes and frequencies in the flood plains of coastal or riverine
areas.
SECTION 6: LANDS TO WHICH THIS ORDINANCE APPLIES
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This ordinance shall apply to all areas of unincorporated eollier County, including areas
of specialllood hazard, within the jurisdiction of the Board of County eommissioners of
eollier eounty, Florida.
SECTION 7: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special llood hazard as identified by the Federal Emergency Management
Agency in the "Flood Insurancc Study for Collier County, FL\lridll"and Incorporated
Areas," dated November 17,2005, with accompanying Fl~'ItIlltirance Rate Maps, dated
November 17,2005, and any subsequent revisions thereto,lire,llpopted by reference and
declared to be a part of this Ordinance. The Flood InsuranoeSillxiy lind accompanying
FIRM shall be on file and be open for public inspection at the Colli:erCounty Community
Developmcnt and Environmental Services Division, 2800 North HOlrlleshoe Drive,
Naples, FL 34104, or other location as determined by the eounty Manager.
SECTION 8: DESIGNATION OF FLOODPLAIN ADMINISTRATOR
(1) Thc County Manager or his designee(s) is appointed to administer and implement
the provisions of this ordinance. The Administrator of the Community
Developmcnt and Environmental Services'Division, or successor, is the designated
position to serve, artdisherein referredtb\asthe Floodplain Administrator.
(2) Duties of the Floodplaln A,dministrat\lt ~all include, but arc not limited to:
(a) Review permits toassulol1sites are reasonably safe from flooding;
(b) Review all development permits to assure that the permit requirements of this
ordinance havc been satislied;
(c) Advise permittec that additional Federal. State of Florida, or local permits
may be required, and if such additional permits are necessary, especially as it
relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065.
and 553, Part IV. Florida Statutes, require that copies of such permits be
provided and maintained on file with the development permit;
(d) Require the permittec to notify adjacent communities. the Department of
Community Affairs. Division of Emergency Management, the South Florida
Water Managemcnt District, the Federal Emergency Management Agency and
other Federal and/or State of Florida agencies with statutory or regulatory
authority prior to any capacity alteration or relocation of a watercourse;
Page 1701'55
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(e)
Assure that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood-carrying capacity is maintained;
(1)
Verify and record the actual elevation (in relation to mean sea level) of the
lowest floor (Zoncs A, AI-A30, AE. AH, or AO) or bottom of the lowest
horizontal structural member of the lowest tloor (Zones V. V1-V30, or VEl of
all new or substantially improved buildings. in accordance with Section 17(1)
and (2), Section 18(2). Section 19(1) and (2) and Section 20(2) of this
ordinance, respectivcly;
(g)
Verify and record the actual elevation (in relation to mean sea level) to which
the new or substantially improved non-residentill.l buildings have been
Hoodproofed. in accordance with Section 17(2),:~!'l(;tion 18(2), and Section
19(2) of this ordinance; .
(h)
Review certified plans and specifications for complian{~;""
(i)
Interpret the exact location of botuldaries Qf~h~areas of speei'aftlood hazard.
When there appears to be a conflict betwe~lfa mapped boundary and actual
field conditions, the Floodplain Admini'$!rator shall make the necessary
interpretation. The peli~n contesting th~'lqJ~,tion of the boundary shall bc
given a reasonable OMwlltunity to appeal tltll'i!tltllrpretation as provided in this
ordinance;
(j)
;';,' '",
When b~ll,:mHi~ne,l~vationdata or flOOd~riy data have not been provided in
accord<m~~.WlthHSelition 7 of this ordinance, the Floodplain Administrator
shall ol?J;a;01. review and reasonably utilize any base llood elevation and
tloodwky:<!ata available from a Federal. State of Florida. or any other reliable
and properly doottmented source. in order to administer the provisions of
Section 16 through 26 of this ordinance (and including all other sections of
this ordinance);
(k)
Coordinatll all change requests to the FIS and FIRM with the requester. the
State of Efqr~da, and FEMA, and
(1)
Whereba.~lltlood elevation is utilized, obtain and maintain records of lowest
Hoor and floodproofing elevations for new construction and substantial
improvements in accordance with Scction 17(1) and (2) of this ordinance,
respectively, and make provisions for the records to be open for public
inspection.
SECTION 9: DEVELOPMENT PERMIT REQUIRED
A development permit shall be required in conformancc with the provisions of this
ordinance prior to the commencement of any development activities.
Page 1801'55
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SECTION 10: COMPLIANCE
No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this ordinance and other applicable regulations.
SECTION 11: ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair anJ"existing easements,
covenants. or deed restrictions. However. where this ordinance and another conflict or
overlap, whichever imposes the more stringettt restrictionsshatLprevail.
SECTION 12: INTERPRETATION
(I) considered as minimum rem>>rements;
shalHle:
In the interpretation and application of this ordinance
-':""",,;;
(2) liberally construed in favQtl~~~il~i~q\1erning
(3) deemed neither to limit nor rep'eaI any otherpQ'Wers granted under State of Florida
statutes.
SECTION 13: WA,'RNING~!I:t;~~CL4IMER OF LIABILITY
, , : ~ ~ ; !
The dl-1gr<!~:qf,f1pod protection,requ\r6lliby this ordinance is considered reasonable for
reg~I!!tijr:Yptirppses and is based on scientific and engineering consideration. Larger
floqda'qitn and Will occur on rare occasions. Flood heights may be increased by man-
mail&kir natural causes. This ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such arcas will be free from flooding or
flood damages. This ordinance shall not create liability on the part ofthe Board of
eounty Commissioners of Collier County. Florida or by any officer or cmployee thereof
for any flood damages that result from reliancc on this article or any administrative
decision lawfully made thereunder.
SECTION 14: PENAL TIES FOR VIOLATION
If any person, firm or corporation. whether public or private, or other entity fails or
refuses to obey or comply with or violates any ofthe provisions of this ordinance, such
person. tirm, corporation or other entity, upon conviction of such offense, shall be guilty
of a misdemeanor and shall be punished by a tine not to exceed Five Hundred Dollars
Page 19 of 55
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($500.00) or by imprisonment not to exceed Sixty (60) days in the eounty jail, or both, in
the discretion of the Court. Each violation or non-compliance shall be considered a
separate and distinct offense. Each day of continued violation or non-compliancc shall be
considered as a separate offcnse.
Nothing herein contained shall prevent or restrict the County tfom taking such other
lawful action in any court of competent jurisdiction as is necessary to prevent or remedy
any violation or non-compliance. Such other lawful actions shall include, but shall not be
limited to, an equitable action for injunctive relicI' or an action at law for damages.
Nothing in this section shall be construcd to prohibit the Coutttyfrom prosecuting any
violation of this article by means of a Code Enforcement Boardjpr.Special Magistrate
established pursuant to the authority of Chapter 162. Florida Statutes.
All remedies and penalties provided for in this Subsection shall be cumulative and
independently available to the County, and the CO,vAty shall be authorized to pursue any
and all remedies set forth in this Scction to the fulkextent allowed byJll.w,
SECTION 15: APPLICATION PROCEDURE FOQ P'ERMIT
Application for a Developmettt Permit shall be made to the Floodplain Administrator on
forms furnished by him or hcr prior to any development activities, and may include. but
not be limited to. the construction plans drawn to scale showing thc naturc, location.
dimensions. and elevations of the areain question; existing or proposed structures.
earthen fill, storage of materials or equipn:'llel1l:t,drainage facilitics, and the location of the
foregoing. Specifically, the following information is required:
(1) Application Stage;
plevj\tion in .ftllation t~th~North American Vertical Datum (NA VD) of the
'jpr(lpo~d Lowesttloor,(including basement) of all buildings;
(b) Elevation in relation to the North American Vertical Datum (NA VD) to which
any non-rtlsidtlntial building will bc flood-proofed;
(c) CertifiClltion from a registered professional engineer or registered professional
archittlct that the non-residential flood-proofed building will meet the flood-
proofing criteria in Section 16 through Section 19;
(d) Description of the extent to which any watercoursc will be altered or relocated
as a rcsult of proposed development; and
(el Elevation in relation to the North American Vertical Datum (NA VD) of the
bottom of thc lowest horizontal structural member of thc lowest floor and
provide a properly signed and sealed certification from a registered
professional engineer or registered professional architect indicating that they
Page 20 or 55
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7-1-08
have developed and/or reviewed thc structural designs, specifications and
plans of the construction and all of these items arc in accordance with
accepted standards of practicc in Coastal High Hazard Areas.
(f) Location and NA VD elevation of a tcmporary bench mark on site, which has
been established by a professional land surveyor or professional surveyor and
mapper. that will remain until the final eertificatc of Occupancy has been
issued.
(2) eonstruction Stage:
(a) Upon placement of the lowest floor, or floodproofing by whatever
construction means. or bottom of the lowest~qrizontal structural member it
shall be the duty of the permit holder to sublm.'t1:Wlr>>i~t!:n (10) calendar days,
to the Floodplain Administrator a certification of tHtnllA-YD elevation of the
lowest floor or flood proofed eleya~ion, or bottom of the' lowest horizontal
structural membcr as built, in relatibnto mean seal level. Said certification
shall be prepared by. or under the direct s.rvision of. a professional land
surveyor or professional survcyor and mapper and ccrtified by same.
(b) When floodproofing is utilized for a particular building. said certification of
the installation of the .t1oodproofing shall b!:prepared by. or under the direct
supcrvision of. a registered professional engineer or registered professional
architect and certified by same.
(c) Any additional work undertaken within the ten (10) calendar day period
and/or prior to submission of the certification shall be at the permit holder's
risk. The Flooc;lphdn Administrator shall review the lowest floor and
floodproofing elevatitm$u~eydata submitted for conformance. The permit
holder immediately, and pri(Yf to further progressive work being permitted to
pto~ee4L~hallcorrect deficiencies and/or violations detected by such review.
Failureto'submitthesurvey or failure to make said corrections requircd
hereby, shall be cause to issuc a stop-work order for the project.
(d) Prior to the issuance of a Final eertilicate of Occupancy, the applicant shall
furnish the Floodplain Administrator with the following:
(i) A signed and sealed certification by a professional land surveyor or
professional surveyor and mapper that thc finished structure meets the
minimum base flood elevation (plus any freeboard as may be required
by this ordinance) indicated on thc effective Flood Insurance Rate Map
(FIRM) or Flood Insurancc Study as issued by FEMA; and
(ii) A signed and sealed certification by a registered professional engineer or
registered professional architect that the construction of all foundation
walls. shear walls. posts. picrs. columns. pilings, breakaway walls.
Page2! of 55
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equalization vents, and required floodprooting are in compliance with
this ordinance.
SECTION 16: GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
In all areas of unincorporatcd Collier County, including arcas of special flood hazard, all
development sites including new construction and substantial improvements shall be
reasonably safe from flooding, and mcet thc following provisions:
(I) New construction and substantial improvements shall be designed or modified and
adequately anchored to prevent notation, collapse or, lateral movement of the
structure resulting from hydrodynamic and hydrostatic lOads, including the effects
of buoyancy;
(2) Manufactured homes shall be anchored't<uprevent notation, collapse. or lateral
movemcnt pursuant to the Florida Building€ode.Mobile homes shall be anchored
in accordance with the manufacturer'sinstallationinstructions to prevcnt flotation.
collapsc, or lateral movement as tested, listed and approved by the Florida
Department of Highway Safety and MotorVehicles, Bureau of Mobilc Home and
Recreational Vehicle Construction. Methods of anchoring may include. but are not
limited to, usc of over-the-top or frame ties to ground anchors. This standard shall
be in addition to and consistent with applicable State of Florida requirements for
resisting wind forces;
(3) New construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage. Sec the applicable FEMA
Technical Bulletin or Bulletins for guidancc;
(4) NewC()nstr~ction or substantial improvcments shall be constructed by methods and
pm~ticesd:l)ij.t l11inimize>.flood damage. See the applicable FEMA Technical
, :~lilletin od~tllletirs fotapproved methods and practices.
(5) Electrical, heating, ventilation. plumbing, air conditioning equipment and other
service facilities, including duct work. shall be designed and/or located so as to
preventwaler from entering or accumulating within the compottents or causing
damage tot\re compottents during conditions of flooding;
(6) New and replacement water supply systems shall be designed to minImIZe or
eliminate infiltration of flood waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into thc systems and discharges from the
systems into flood watcrs;
Page 22 of 55
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(8) On-site waste disposal systems (including septic tanks) shall be locatcd and
constructed to avoid impairmcnt to them or contamination from them during
flooding;
(9) All meter enclosures for self~contained electric kilowatt hour meters serving
buildings shall be located no lower than one foot above the base flood elevation,
depth or flooding. or other identified flood level indicator. If complying with this
regulation results in a vertical distance from finished grade to the center of the
meter or meters of more than six (6) feet. the meter enclosure shall be located on the
outside of an exterior wall with an unobstructed and rea,dy access from an open
exterior stairway. When it is nccessary to use a stairwa,y for access to a meter, the
vertical distance from the tread of the stairway to the center of the meter shall be
four (4) to six (6) feet. The meter shall be placed in a position that will not obstruct
stairway traffic. On multi-unit buildings, me;ters and meter enclosures will be
allowed within the building providcd they are no lOWer than one foot above the base
flood elevation. depth of flooding, or other identitied flood level indicator. and
located in meter rooms.
(10) Any alteration. rcpair. reconstruction or improvements to a building that is in
compliance with the provisions of this orqinance shall meet the requirements of
"new construction" as contained in this ordinan~l);
(II) Any alteration. repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this ordinance, shall be undertaken only if said
non-conformity is not furthered, extended, or replaccd;
(12) All applicable additional Federal. State of Florida, and local permits shall be
obtained and submitted to the floodplain Administrator. eopies of such permits
shall be maintained on file wiiththedevclopment permit. State of Florida permits
may include, but not be limited to the following:
(a) South Florida Water Management District: in accordance with Chapter
373.036 Ftoiida Statutes. Scction (2)(a) - Flood Protection and Floodplain
Management.
(b) Department of Community Affairs: in accordancc with Chapter 380.05 F.S.
Areas of Critical State eoncern. and ehapter 553, Part IV F.S.. Florida
Building Code.
(c) Department of Health: in accordance with ehapter 381.0065 F.S. Onsite
Sewage Treatment and Disposal Systems.
(d) Department of Environmental Protection. Coastal Construction eontrol Line:
in accordance with ehapter 161.053 F.S. eoastal eonstruction and
Excavation.
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(13) Standards for Subdivision Proposals and other Proposed Development (including
manufactured homes):
(a) All subdivision proposals shall be consistent with the need to minimize flood
damage;
(b) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical. and water systems located and constructed to minimize
or eliminate flood damage;
(c) All subdivision proposals shall have adequate drainage, provided to reduce
exposure to t100d hazards.
(14) Elevation Standards
(a) Elevation within A Zones may be ap~\}~lI by the pratl~t#flnkof the building
on properly designed and cOlI!-Jl~Htfldfill (ASTM D-69g'f~mMRHivalent) that
extends beyond the building ~~beforeclxopping belowi\ID.e base flood
elevation and has appropriate prot~Ptiqn'from erosion and scour. The total
volume of fill placement within\'h~"fiv:erinc tloodplain (except for the
minimum amount req\!irjJd to construdt:fl\i~IlPtic tank, drainfield, and single
lane driveway. if appli~~le) must be compimSl\ted by the establishment of an
cquivalent amount of available floodwater storage (between the wet season
water table and the base flood elevation) within the same riverine floodplain
drainage basin and within reaslllt1able proximity as determined by the
Floodplaip AlIminisqator.
(b) Elevation within A ZQnesmaybe achieved by usc of stem wall construction
with the interior portiotlofHile stem wall being backfilled with a properly
designed and compacted flll (ASTM D-698 or equivalent in compliance with
the Collier County Building Code ordinance). Additional fill for aesthetic or
landscapin.€ipurposesmay be placed outside of the stemwall with appropriate
protectionftom erosion and scour. The total volume of stemwall and fill
placement within the riverine floodplain (except for the minimum amount
required to construct a septic tank, drainfield, and single lane driveway, if
appliGable) must be compensated by the cstablishment of an equivalent
amount. of available floodwater storage (between the wet season water table
and the base flood elevation) withitt the same riverine tloodplain drainage
basin and within reasonable proximity as determined by the Floodplain
Administrator.
(c) Elevation within A Zones may be achieved by use of solid foundation
perimeter walls, shear walls, posts, piers. columns. or pilings. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient
to facilitate automatic equalization of tlood hydrostatic forces on both sides of
the exterior walls shall bc provided in accordance with standards of Section
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7 -1-08
17(3). Fill for aesthctic or landscaping purposes adjacent to the building may
be placed on thc property with appropriate protection from erosion and scour.
The total volume of till placement within the riverine floodplain (except for
the minimum amount rcquired to construct a septic tank, drainfield. and single
lane driveway. if applicable) must be compensated by the establishment of an
equivalent amount of available floodwater storage (between the wet season
water table and the base flood elevation) within the same riverine floodplain
drainage basin and within reasonable proximity as determined by the
Floodplain Administrator.
(d)
Elevation within V Zones may be achieved by US!*)~tpundation walls. shear
walls, posts, piers. columns, or pilings so that n(j~illnction to the passage of
waves and high velocity watcr is created. Elevation within V Zones must be
achieved in accordance with Scction 20 ofthis ordinance.
(15) A minimum of one foot (I ') of freeboard is required for the lowest floor or lowest
horizontal structural member of thc lowest floor,. electrical. heating, ventilation.
plumbing, air conditioning equipment and othe('s!lrvice facilitics;!including duct
work. The freeboard requirement is generally included in subsequent subsections
of this ordinance, but is an ovcrall requirement whether or not specifically
mentioned elsewhere. Freeboard is added to' the base flood clcvation, identified
flooding dcpth. estimated flood elevation (I'or Zone A), and South Florida Water
Management District 1 OO-year/zero discharge, elevation, whichever is applicable.
(16) Development utilizing a designedskDnnwaterJnanagement system to contain the
runoff and dis9J;!a,rge thf()l,tgh a conlil(I1H~tructure shall be designed to meet or exceed
the minil1}~.i, IfW.!j,.,;~te.r.. ~ll.!m.:..}.~tY.'.",.,..a~,.d,., .q..U!lllty require~ents established by the South
FlOrida Wa~~:lm,\Ul~~~~pljl1stflct, or the Colher County Land Development
eode, whichever is apprlc<l:'&Iel\n.d l1}ore restrictive.
(l7)'A.c\equate dr,J'li~age fMiJjitiesaround structures shall be provided on slopes to guide
d:n:water away from structure!>: No significant stormwater drainage is permitted to
flow from the subject premises onto abutting properties or into adjoining waters that
are not County-approved drainage systems.
(18) Residcntial Construction - New construction or substantial improvement of any
residcntial structure shall have the lowest floor, elevated to or above the base flood
elevation, plus any required freeboard.
(19) Non-residential Construction - New construction and substantial improvements of
non-residential structures shall, (i) have the lowest floor (including basement)
elevated to or above the base flood level plus any required freeboard or (ii) together
with the attendant utility and sanitary facilities. be designed so that below the base
flood level. plus one (I) f'oot plus any required freeboard, the structure is essentially
waterproofed with walls substantially impermeable to thc passage of water and with
structural components having the capability of resisting hydrostatic and
Page 2S of SS
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hydrodynamic loads and effects of buoyancy. Floodproofing is prohibited in the
velocity (V) zones.
(20) Emergency generators for standpipe systems in accordance with the requirements of
the Collicr eounty Building Code or other applicable Collier eounty ordinances
must be located at least onc (1) foot above the base flood elevation level, and all
fuel tanks for said generators must be watcrproofed and vented at least one (1) foot
above the base flood elevation level.
SECTION 17: SPECIFIC ST ANDARnS FOR A-ZONES WITH BASE FLOOD
ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODW A YS,
In all A-Zones where base flood elevation data has,b~~npr()Vided (Zones AE. AI-30,
and AH), as set forth in Section 7 the following PI1()m~l(jll~shallapply:
(I) Residential eonstruction
All new construction or substantial improvem~n.t of any residential building
(including manufactured home) shall have. .the lowest t1oor, including basement.
electrical, heating, ventilation, plumbing. air conditioning equipment and other
service facilities. including duct work, and air conditioned space elevated to no
lower than onc foot above the base flood elevation. Should solid foundation
perimeter walls be used to elevate a structUfe^, openings sufficient to facilitate
automatic equalization of flood hydrostatic forces on both sides of thc cxtcrior walls
shall bc provided in accordancc with$tandards of Section 17(3). Where stem wall
construction is utilized and the interior area of the stem wall is filled with
compacted fill able to resist flood hydrostatic forccs on the exterior of the stem
wall, openings to allow automatic equalization of t100d hydrostatic forces are not
required.
(2) Non-Residential Construction
All new construction or substantial improvement of any commercial, industrial, or
non-resilientialbuilding (including manufactured home) shall have the lowest t1oor.
including basement, electrical, heating. ventilation, plumbing, air conditioning
equipment/l.l'ld other scrvice facilities. including duct work, and air conditioned
spacc elevated to no lower than one foot above the base flood elevation. Should
solid foundation perimcter walls be used to elcvatc a structure. openings sufficicnt
to facilitatc automatic equalization of flood hydrostatic forces on both sides of the
exterior walls shall be providcd in accordance with standards of Section 17(3).
Where stem wall construction is utilized and the interior area of thc stem wall is
tilled with compacted fill able to resist flood hydrostatic forccs on the exterior of
thc stem wall, openings to allow automatic equalization of t100d hydrostatic forces
are not requircd.
Page 26 of 55
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If sufficient information is provided to the Floodplain Administrator to clearly
demonstrate the unique site limitations that pose a hardship in mceting the
minimum elevation requirements, and the Floodplain Administrator agrees with this
information, non-residential buildings located in A-Zones may be dry flood-
proofed, in lieu of being elevated. provided that all areas of the building
components below the base flood elevation plus one (I) foot. plus any required
freeboard (other than areas used solely for parking, access or storage), are
floodproofed.
Additionally, for certain "open" non-residential buildings (e.g. car wash) where
there is not a total enclosure of the building area, wet floodproofing is allowable
provided that the wet floodproofing extends to no lower than one foot above the
base flood elcvation. plus any requircd freeboard.
A registered professional engineer or registered professional architect shall certify
that the standards of this subsection are satisfied using the FEMA Floodproofing
Certificatc. Such ccrtification along with the corresponding engineering data. and
the operational and maintenance plans shall. be provided to the Floodplain
Administrator.
(3) Elevated Buildings
New construction or substantial imptpvemlfnts of elevated buildings that include
fully encloscd are.l!SJormed byfoundatiOluul\lllllh,er exterior walls below the lowest
floor elevatiollcs~lil?ll:mesignedtop~clua~'f!tiished living and/or air conditioned
space and d\lSj;~chOlia:nf1W for the. entrY and exit of floodwaters to automatically
equalize hY<ltP!;tatic f1Qodforces oriexterior walls.
(a) Designs for complying with this rcquiremcnt must be certificd by a registered
professional enginecr or registered professional architect and meet the
following minim\ll1l.'\criteria:
(i) Provide a minimum of two openings, both of which may not be on the
same exterior wall, having a total net area of not less than one squarc
inch for every square foot of enclosed area subject to flooding;
(ii) The bottom of all opcnings shall bc no higher than onc foot abovc
foundation adjacent exterior grade; and
(iii) Openings may be cquipped with screens, louvers. valves. or other
coverings or devices provided they provide the required net area of thc
openings and permit the automatic flow of floodwaters in both
directions.
(b) Fully enclosed areas below the lowest floor shall solely be used for parking of
vehicles. storage, and building access and constructed of materials able to
Page 27 of 55
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withstand submergence. without damage, for prolonged periods of time.
Access to the enclosed area shall be the minimum necessary to allow for
parking of vchicles (garage door). limited storage of maintenance equipment
used in conncction with thc premises (standard exterior door). or entry to the
living arca (stairway or clevator): and
(c) The interior portion of such enclosed area shall not be finished, partitioned
into separate rooms or air conditioned. Any electrical, heating, ventilation,
plumbing, air conditioning equipment and other scrvice facilities, including
duct work, shall be located no lower than onc foot above the base flood
elevation unless designcd to withstand fully submerged conditions for
prolonged periods of time or enclosed in wat~l'JU'bof housings designed for
fully submerged conditions at a depth equal or.gt.eater than the hydrostatic and
hydrodynamic load created by noDding.
(4) Manufactured Homes and Recreational Vehicles
(a) All manufactured homes that are placed, or substantially improved, within
Zones AI-30. AH, and AE, on sites:
(i) outside of an existing manufactured home park or subdivision.
(ii) in a ncw manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or subdivision.
or
(iv) in an existing manufactured home park or subdivision on which a
manufactured homc has incurrcd "substantial damage" as the result of
a flood.
shall be elevated on and securely anchored to a permanent foundation system
so that the lowest floor and all air conditioned space, electrical, heating,
ventilation, plumbing, air conditioning equipment and other service facilities,
including duct work, are no lowcr than one foot above the base flood
elevation.. The permanent foundation system must be ablc to withstand
't1otation, collapse. and lateral movcment.
(b) All manufacturcd homes to be placed or substantially improved in an existing
manufacturcd homc park or subdivision within Zoncs Al-30. AH, and AE,
that are not subject to the provisions of Section 17(4 lea). must be elevated so
that:
(i) The lowest tloor and all air conditioned space, electrical, heating,
ventilation, plumbing, air conditioning equipment and other service
facilities, including duct work, of the manuhtctured home is elevated to
no lower than one foot abovc thc base flood elevation. and
Page 28 of 55
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7-1-08
(ii) The manufactured home chassis is supported by reinforced piers, or
other foundation clements of at least an equivalent strength, that are no
less than 36 inches itt height above thc gradc and securely anchored to
an adequate foundation system to withstand flotation. collapse. and
lateral movement.
(c) All recreational vchicles placed on sites within Zones AI-30. AH, and AE
must either:
(i) Be on the site for fewcr than 180 consecutive days and,
(ii) Be fully licensed and ready for highway useu(a recreational vehicle is
ready for highway use if it is on its wheels or jacking system. is attached
to the site only by quick disconnect type utilities and sccurity devices
and has no permanently attacheda<;lditions). with a plan for removal in
case of a flooding threat. or
(iii) Ifnot able to comply with items (i) an.d(ii), meet all the requirements for
new construction, including anchoting,and elevation requircments in
accordance with Section 17(4 lea) and (4)(b) of this ordinance.
(5) Site Drainage
Adequate drainage facilities around structures shall bc provided on slopes to guide
water away from structmes. No significant storm water drainage is permitted to
flow from the subject premises onto abutting properties or into adjoining watcrs that
are not County-approved drainage systems.
(6) Watercourses with Established Base Flood Elevations, but Without Identified
Regulatory Floodways .
^,)::':>,'
t6bted within the areas 'of special flood hazard established in Section 7 where
wllter,courses exis~,for which base flood elevation data has been provided by the
F~l!I\l.Emerg~!lPY Management Agency without the delineation of the regulatory
floodwlIY (ZonesAE and AI-30), the following additional provisions shall also
apply.
(a) Until a rcgulatory flood way is designated, no ncw construction, substantial
improvements, or other development, including till, shall be pcrmitted within
the areas of special flood hazard, unless it is demonstrated that the cumulative
effect of the proposed dcvelopment, when combined with all other existing
and anticipated development. will nOI increase the water surface elevation of
the base flood morc than onc foot at any point within the community.
(b) Development activities which increasc the watcr surface elevation of the base
flood by more than one fool may be allowed, provided that the developer or
Page 29 of 55
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applicant first applies - with the community's endorsement - for a conditional
FIRM revision, and receives the approval of the Federal Emergency
Management Agency.
(7) Floodways
Located within areas of special flood hazard established in Section 7 may be areas
designated as floodways. Since a floodway is vital for the passage of the major
percentage of flood waters and is an extrcmely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles and have significant erosion
potential, the following additional provisions shall also apply for development
within a flood way:
(a) Prohibit encroachments, including fill,neWcolllltruction, substantial
improvements and other developments, within the rel1{ll1llt;<1fy flood way unless
certification (with supporting tecln1iqajtlata) by a Hr~gi~t~n;d professional
engineer is provided through hydJ;';:t1.diClmd I1rdrologic ~!l~performed in
accordance with standard engUJteItil1g:nJlacpce demon\ltJlafing that the
proposed encroachments would not~~$~1'Hn anv increase in flood levels
during occurrence of the base flood d'i~H>>lifgl,(.
"....,:...... ;
(b) Prohibit the placement of m'mH~tured:hol11.~s (mobile homes). except in
existing manufactured home:dltiOPile, ho!tle)parks or subdivisions. A
manufactured home may be placed.'~alot in an existing manufactured home
park or subdivision provided the lUlchonng standards of Section 16; and the
elevation standards of Section 17 (4); and the encroachment standards of
Section 17(7)(a), are met.
(c) Development activities, including new construction and substantial
,improvements, that increase the water surface elevation of the base flood may
'ueallowed. provided that the developer or applicant first applies - with the
County's:endorsement~ for a conditional FIRM revision, and rcceives the
;.'approvalofFEMA.
....... ..,..
(d)ii~~Mll:,i~jproposed. in accordance with the permit issued by the Florida
DeP~~rii:of Health, within the regulatory floodway, the development
pernHr'~l1ajl not be issued unless certification (with supporting technical data)
by a registered professional engineer is provided through hydraulic and
hydrologic analyses performed in accordance with standard engineering
practice demonstrating that the proposed encroachments would not increase
the water surface elevation of the basc flood in accordance with Section
17(7)(a) or (7)(c).
(8) Structures Located Seaward of the Coastal Construction Control Line
Page 30 of 55
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For all structures located seaward of the Coastal Construction Control Line
(CCCL), the lowest floor. electrical, heating, ventilation, plumbing, air conditioning
equipment and other servicc facilities, including duct work, of all new construction
and substantial improvements shall be elevated to the regulatory flood elevation
established by the Florida Department of Environmental Protection or at least one
(I) foot above the base flood elevation established by FEMA in accordance with
Section 7, whichever is higher. All non-elevation design requirements of Section
20 shall apply.
SECTION 18: SPECIFIC STANDARDS FOR A-ZONES 'SYiU'HOUT BASE
FLOOD ELEVATIONS AND REGULA TORY FLOOl)WAYS,
Located within the areas of special flood hazard establi~hed in Section 7, may be A Zones
for which no base flood elevation data and regulatory floodway~;hl!;ve been provided or
designated by the Federal Emergency ManagemeJil~.Agency, and ihe:following provisions
apply:
(I) Require standards of Section 16.
(2) The Floodplain Administrator shall obtain,r~#'tNv, and reasonably utilize the base
flood elevation and floodWay dataa;va\lable t\!qm a Federal, State of Florida, or
any other reliable and properly docJmII:'fil\\'W, som-ce, in order to administer the
provisions of this ordinance. When s\lCili{dill~{is,uti1ized. provisions of Section 17
"',,'''':;. . .. ....... ..'.,',It.:<i'qq'''i<'
shall apply. ').;l~lrnqqdplain Admipi:$!'1:~~:!JIHIIi;
. ^^ ". . ,....
",.,."." ,". . ',"'.
..,......"... ,',. . "
,.. ... ","'"
" '" , . "
,.""" '''',. ,"', ...;
. . . . . . . . . . . .
(a) Obt~nt:b~NA V)].V~levation (inffllation to the mean sea level) of the lowest
floorart~'!lll,aiF'C<1'nditioned spa~,Hncluding the basement. electrical, heating,
ventilation.,p1utn'blng, air conditioning equipmcnt and other service facilities.
including dUctwork, of all new and substantially improved structures,
(b) Obtain, if the structure has been lloodproofed in accordance with the
requirements of Section 17(2). the NA VD elevation in relation to the mean
sea level to which the structurc has been floodproofed, and
(c) Maintain a record of all such information.
(3) In riverine-type situations, require the permittee to notify adjacent communities.
the State of Florida, Department of Community Affairs. NFIP eoordinating
Office. and the South Florida Water Management District prior to any alteration
or relocation of a watercourse. and submit copies of such notifications to FEMA.
(4) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
Page 31 of 55
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(5) Manufactured homes shall bc installed using methods and practices that minimize
t100d damage and shall be elevated on and securely anchored to a permanent
foundation system so that the lowest l100r and all air conditioned space, clectrical,
heating, ventilation. plumbing, air conditioning equipment and other service
facilities. including duct work. are no lower than one foot above the elevation
established in Section 18(2). The permanent foundation system must be able to
withstand flotation, collapse, and lateral movement. Methods of anchoring may
includc, but are not limited to. use of ovcr-the-top or frame ties to ground anchors.
This requirement is in addition to applicable State of Florida and local anchoring
requirements for resisting wind forccs.
(6) When the data is not available from any source as'iEiSection 18(2), the lowest
floor and all air conditioned space. includingba~ent. electrical, heating,
ventilation, plumbing. air conditioning equipment and other service facilities.
including duct work, of the structure shall be elevated !pno .lower than four (4)
feet above the highest adjacent grade unless on-site or nearby seasonal water level
indicators establish that the high wet season water elevationsare>higher than thc
highest adjacent grade. In that situation, the structure's clevation requirements
shall be measured from the high wet seas()n Water elevation.
(7) Require that all new subdivision proposals, and other proposed developments
(including proposals for manufactured home parks and subdivisions) greater than
50 lots or 5 acres, whichever is the, leSSer, include within such proposals base
t100d elevation d<\t<\.
SECTION 19:5PECIFICSTANDARDSlFlOR AO-ZONES
Located within the areas of special flood hazard established in Section 7 may be areas
design<\ted <\s shallow flooding areas. These areas have t100d hazards associated with
base flood depths of one to three feet, where a clearly defined channel does not exist and
the p<\th of flooding is unpredictable and indeterminate; therefore, the following
provisions apply:
(I) All new construction and substantial improvements of residential structures in all
AO Zones shall have the lowest t100r and all air conditioned space, including
basement, electrical. hcating, ventilation, plumbing, air conditioning equipment and
other service facilities. including duct work, no lower than one foot above the depth
number specified in feet on the Flood Insurance Rate Map.
If no t100d depth number is specified, the lowest t100r and all air conditioned space,
including basement. electrical, heating, ventilation, plumbing. air conditioning
equipment and other servicc facilitics, including duct work, shall be elevated to no
less than four (4) feet above the highest adjacent grade. or one foot above the flood
elcvation data available from a Federal. State of Florida. or any other reliablc and
properly documented source, whichevcr is higher.
Page 32 of 55
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(2) All new construction and substantial improvements of non-residential structures in
all AO Zones shall:
(a) Have the lowest tloor and all air conditioned space. including basement,
electrical. heating, ventilation. plumbing, air conditioning equipment and
other service facilities. including duct work, no lower than one foot above the
depth number specified in feet on the Flood Insurance Rate Map.
If no tlood depth number is specified. the lowest floor, including basement,
electrical, heating. ventilation, plumbing, air qo~tioning equipment and
other service facilities, including duct work, sltUlllDe:etevated to no less than
four (4) feet above the highcst adjacent grade,li!r<.me foot above the tlood
elevation data available from a Federal, StateofFlor,~ or any other reliable
and properly documented source. whichever is higher,or
(b) Together with attendant utility and sanitary facilities, electrical. heating,
ventilation, plumbing. air conditioning cquipment and other service facilities.
including duct work. be completely floodprqofed to the elevation specified in
Section 19(2)(a). plus any required freeboard. utilizing the floodproofing
standards specified in Section 17(2).
(3) Adequate drainage facilities around structures shall be provided on slopes to
guide water away from structures. No significant stormwater drainage is
permitted to flow from the subject premises onto abutting properties or into
adjoining waters that are not County-approved drainage systems.
SECTION 20: SPECIFIC ST.A,N.l)ARDS FOR COASTAL HIGH HAZARD
AREAS (V-ZONES).
Lo<;~ted, within areas of special flood hazard established in Section 7 are Coastal High
Haza.l1q'~eas, designated as Zones VI--30. VE, or V (with BFE). These areas have
special"flppdhazards associated with high velocity waters from tidal surge and hurricane
wave wash. The following provisions shall apply for all development activities within
the Coastal High Hazard Areas (V-zoncs):
(1) Meet the Requiremcnts of Section 15, Section 16. Scction 17 (except 17(7)).
Section 18 and Scction 19.
(2) All new construction and substantial improvements in Zones VI-V30, VE. and V
(with BFE) shall be elcvated on shear walls. posts, piers, pilings or columns so that:
(a) The bottom of the lowcst horizontal structural member of the lowest tloor and
all air conditioned space (excluding the shear walls, posts. piers, pilings or
columns) electrical, hcating. ventilation, plumbing, air conditioning
Page 33 01'55
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7 -1-08
equipment and other service facilities. including duct work is elevated to no
lower than one foot abovc the base flood clcvation whether or not the
structure contains a basemcnt; and
(b) Thc shear wall, post. pier. pile or column foundation and structure attached
thereto is anchored to resist flotation, collapse, and lateral movement due to
the effects of wind and water loads acting simultaneously on all building
components. Water loading will be those values associated with one foot
above the base flood. Wind loading values will be those required by
applicable State of Florida or local, if more stringentlhan those of the State of
Florida. building standards. Utility servicc risers shall be located and
designed for protection against wind, watcr, waves and dcbris impacts
anticipated with thc base flood.
(3) A registered professional engineer or registerlld professional architect shall develop
or review the structural design, specificatiollsand plans for the construction, and
shall certify that the dcsign and methods of construction to be used are in
accordance with accepted standardso/!,practice for meeting the provisions of this
Section.
(4) Obtain the NA VD elevation (in relation to mean sea level) of the bottom of the
lowest horizontal structural member of the lowest floor (excluding shear walls.
posts, piers. pilings and columns) of all new and sub$tantially improved structures.
The Floodplain Administrator shall maintain a record of all such information.
(5) All new construction and substantiaUmprovements shall be located landward of the
reach of mean high tide.
(6) Provide that all new constl1l1C1liqll,and substantial improvements have the space
b\ll\lwtl1\llp~est fl<?orllither free &f obstruction or constructed with non-supporting
pfilliNliwaYfwalls, opllDWpod lattice-work. or insect screening intended to collapse
. Under wind and water'Joads without causing collapse, displacement. or other
structural damage to the elevated portion of the building or supporting foundation
SYlltllm. For the purpose of this section, a breakaway wall shall have a design safe
loading resistance of not less than (ten) 10 and no more than (twenty) 20 pounds per
square foot. Use of brcakaway walls which excecd a design safe loading resistance
of 20 pounds per squarc foot (either by design or when so rcquired by local codes)
may be permitted only if a rcgistercd professional engineer or registered
professional architect certifies that thc designs proposed meet thc following
conditions:
(a) Breakaway wall collapse shall result from water load Icss than that which
would occur during the base flood; and
(b) The elevated portion of thc building and supporting foundation system shall
not be subject to collapse. displaccment. or other structural damage due to the
Page 34 of 55
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effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Thc water loading shall be those
values associated with one foot above the base flood. The wind loading
values shall be those required by applicable Florida or local. if more stringent
than those of the State of Florida. building standards.
Such enclosed space shall be useablc solely for parking ofvchicles. building access,
or storage and shall not be finished. partitioned into multiple rooms, or tempcrature-
controlled (air conditioned).
(7) Prohibit the use of fill for structural support. No development permit shall be
issued for development involving fill in coastal higll ~~~ard areas unless it has been
demonstrated through appropriate cngineering analy~:1li'aJ; the subject fill does not
cause any adverse impacts to the structure on site pr adjacent structures. Placement
of fill that could result in an increase in thePa.st9floodel!lvation or cause advcrse
impacts by wave ramping and denection may be permitted,ptlWidild that the permit
applicant first applies for and rcceivesaconditional FIRM revision, fulfilling the
requirements for such revisions as cstablished by .FEMA.
(8) All swimming pools within the eoastal High Hazard Area, as defined by this
ordinance, shall be anchored to a shear wall. post, pier, pile or column foundation to
resist notation. collapse and lateraltttovement due to the effects of wind and water
loads acting simultaneously Q~Hhe pool. An exception to this is for above ground
pools for the private use of a one or two family dwelling that is constructed with a
vinyl liner as the main component.
(9) Prohibit man-made alteration of sand duncs and mangrove stands that would
increase potentialnooddamage.
(10) Standards for Manufactured Homes
(a) No manufactured home shall be placed in the Coastal High Hazard Area
~xcept in llIl existing manufactured homc park or existing manufactured home
subdi vision.
(b) AlI"tiil!llU:f~tured homes to be placed or substantially improved on sites in the
eoastal High l'lazard Area:
(i) In an expansion to an existing manufactured home park or subdivision.
or.
(ii) In an extstmg manufacturcd home park or subdivision in which a
manufactured home has incurred "substantial damage" as the result of a
t1ood, must meet the standards of Section 20(2) though (8).
Page 35 of 55
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(c) All manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision shall meet the requirements
of Section 17(4) (b).
(11) Recreational vehicles placed on sites within Zones VE. VI-V30. or V (with base
flood elevation) on the FIRM must be within an existing recreational vehicle park
or recreational vehicle subdivision and either
(a) Be on thc site for fewer than 180 consecutive days, and
(b) Be fully licensed and ready for highway use (on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and security
devices. and has no permanently attached additions) with a plan for removal
in case of a flooding threat; or
(c) Meet the requirements of Section 20(Z}through (8).
(12) For all structures located seaward 01 "tl:Je eoastal Construction Control Line
(CCCL), the bottom of thc lowest hori~~~ctural member of the lowest floor
of all new construction and supstantial impt"fffl~nts shall be elevated to the flood
elevation established by tl:Jetflorida Depart~""H~fc!Rnvironmental Protection or at
least one foot above the b;lll~f1opdd eleyation:':w:lll00ilver is the higher. All non-
elevation design requiremen'ts;pfSectiol1 ~~4)th;dtiMH:(ll) shall apply.
(13) When fill isptoposed, in accordance with. the permit issued by the Florida
DepartmentofHeal'th, ma coastal high hazard area, the development permit shall
be issued only upon demonstration by appropriate engineering analyses that the
proposed mlwill. not!1ea\jbject to damage and erosion by the base flood, nor
incre.ase the water surfa~ e~:vation of the base flood, nor cause any adverse
iQlpa\;tstoadjacent properties by Wave ramping and deflection.
SE~itrON 21: SPECIFIC STANDARDS FOR CUMULATIVE SUBSTANTIAL
IMPROVEMENT
(1) The total cost.of the repair of damage of any origin sustained by a structure to
restore it to its before damaged condition shall be kept on file by the Floodplain
Administrator and shall be counted cumulatively for a rolling five (5) year period.
This cumulative total is one factor to be used in determining whether or not a
structure has reached the substantial damage threshold.
(2) The total cost of the reconstruction, rehabilitation, addition, or other improvement
of a structure, shall be kept on file by the Floodplain Administrator and shall be
counted cumulatively for a rolling five (5) year period. This cumulative total is one
factor to bc used in determining whether or not a structure has reached the
substantial improvement threshold. This cumulative total does not, however.
include any repair or improvement of a structure to correct existing violations of
Page 36 of 55
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State of Florida or local health, sanitary, or safcty code specifications, which have
been identified by the local code enforcement official prior to the application for
permit for improvement. and which arc the minimum nccessary to assure safe living
conditions.
(3) The sum total of both thc (five) 5-year cumulative damage and (five) 5-year
cumulative improvement costs will be the cost used to determine whether or not a
structure has reached the substantial damage or substantial improvemcnt threshold
for compliance with the National Flood Insurance Program
(4) Any addition to a structure must be protected from dmna'g-e:-from the base flood plus
at least one foot. .. ^' .
n"'...." ,
;jijnmlW";';
SECTION 22: SPECIFIC STANDARDS FORSu~mtvIsl(1j~'~~TS
;>;;<,;"
(I) All subdivision plats shall be consistent with the n~ed to minin11*HllpflP damage.
(2) All subdivision plats shall have public utilities~<!iJacilities such as sewer, gas.
electrical and water systems IQ>;\lted and constructed to minimize flood damage.
(3) All subdivision plats shall have adeqUllte^drainageprovided to reduce exposure to
flood hazards.
(4) Base flood eleY!ltiPl1\~;tand all areas ofspecHlI+lood hazard (flood zones
beginning witli,"A"ibr":y:") shall be shown on the Master Subdivision Plan.
(5) All final platsa~ltesente4,f~tllPproval shall clearly indicate areas of special flood
hazaJ;q,the firihl>>@~I~Vatil?rn~fltnAroads, the average finished elevation of the lots
Qt1~l;fieisite, aniltPemmimum'~e flood elevation as required in this Ordinance.
'H~lI~i~\rati()nSshall&e^b~~d upon the North American Vertical Datum (NA VD).
SECrION^23: SPE~lJ!'IC STANDARDS FOR CRITICAL FACILITIES
(I) Certain public and privately owned facilities are considered as critical facilities
when considering the health. safety, and welfare of the citizens and residents of
Collier County, Florida. Critical facilities require flood protection to a greater
extent than most properties to reduce damage to these vital facilities. reduce
pollution of flood waters by potcntially hazardous materials, and ensure that the
facilities will be operable during most flood emergencies.
Critical facilities. for purposes of this ordinance. are identified as
. Fire stations
. Sheriff department stations/substations
. Emergency Medical Service stations
. Governmcnt agency vehicle and equipment storage facilities
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. eollier County Emergency Operations Center
. Emergency evacuation ccnters
. Water treatment plants, pump stations. and wells
. Wastewater treatment plants and pump stations
. Electric power substations
. Telephone communication centers/switching stations
. Hospitals
. Extremcly hazardous substances facilities
(2) New, substantially improved, reconstructed. and subs~tially damaged/repaired
critical facilities are required to be protccted from flooding up to the 0.02 annual
percent chance (500-year) flood event plus one foot (1') of freeboard, or if the 0.02
annual pcrcent chance tlood elevation is not known, at least two feet (2') above the
base flood elevation. depth of flooding. or any other flood elevation data available
from a Federal, State of Florida. or any other reliable and properly documented
source.
(3) New critical facilities must use elevation as the method of providing the required
level of flood protection. Substantiallyimproyed, reconstructed. and substantially
damaged/repaired critical facilities may usei~floodprooting as the method of
providing the required level~ffl(Jodprotectionwllenelevation is not a practical or
fiscally sound option. .
SECTION 24: SPECIFIC STANDAIWS FOR.S'li'ORMWATER MANAGEMENT
OR DRAINAGE FACILITIES INSp:Jj',C'li'JON AND MAINTENANCE
(I) Stormwater/pa"Hge~~tand drainage facilities are typically designed and
approved forCOlist:l'Uction.~Pllrtof a final development ordcr approved by Collier
Cotmty [e.g. Plans and Plat (PFE), Site Devclopment Plans (SDP). etc.]. They may
also be included in plans for other construction projects approved by State or local
governmental agencies as "public works" typc projects (c.g., road construction
projects, stormwater management projects, parks. school facilities. etc.). The
intention of this section is to keep storm water management and drainage facilities
functioning as intended and approved for construction. It is not the intention of this
section to require the inspection and certi !ication of drainage facilities that were
constructed outside the boundaries of a documented engineering design that
received State or local governmettt approval (e.g.. canals dug as a borrow source for
the adjacent road. misccllaneous ditches or canals randomly constructed to alleviate
a local flood problem. drainage facilities constructed solely for agricultural
operation uses, etc.).
(2) Periodic inspection and maintenancc of stormwater management and drainage
facilities is essential to ensure thcir adequacy to function properly and provide the
level of flood protection and stormwatcr quality treatment as originally designed
and constructed. The training and experience of the individuals performing the
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inspection and maintenance is important to ensure proper recognition and
understanding of problems that may be encountered.
(3) Stormwater management or drainage facility maintenance includes, but is not
limited to. removal of accumulated sediments, vegetation and debris; correction of
swale, ditch and drainagc pipe blockages: reconstruction or replacement of facilities
or structures that have deteriorated to the point they no longer function as designed;
erosion control; lake bank slope corrcction and constructed berm height
maintenance.
(4) Mandatory periodic maintenance and visual inspectiOnS,;;
(a) Thc owner, or legally responsible entil:J'ii~ml cnsure that physical
maintenance is performed as needed toj<~P';tli!1,S'tormwater or drainage
system operating properly and a visualinspection is~~fQl;\Ued on the swales,
ditches. catch basins, drain inlets, weirs, control structtlr,es,'!bvrms, detention
areas. lakes. and drainage pipes (where the pipcs arc not submerged)
(i) at least once each year.
(ii) The visual inspection shall also be ~tftJtmed after each storm event that
produces four (4) inches or more ofnlinrail within a twenty-four (24)
hour time period. or
(iii) in response to a citizen's complaint, or
(iv) ,as follow-up to all stormwater or drainage facility maintenance
activities. The follow-up in~pection shall occur within two (2) weeks of
COlll11letipn of the maintenance activities.
(b) Persons qualified to perform all or portions of the periodic visual inspections
arc
(i) registered professional civil engineers and mechanical engineers, and
graduates of civil cngineering. mechanical engineering. and civil
engineering technology degree programs;
(ii) professional land surveyors, professional survcyors and mappers, and
graduates of surveying and surveying technology degree programs; and
(iii) persons certified as a Qualified Stormwater Management Inspector
through the Florida Department of Environmental Protection
Storrnwater, Erosion. and Sedimentation Control Inspector Training
Program.
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(c) The inspector shall document the periodic visual inspection in a log book
maintained by the owner or legal entity within twenty-four (24) hours of the
completion of the inspection. Documentation shall include. at a minimum. the
date and time of the inspection. a written statement of findings for each
portion of the storrnwater management or drainage facilities inspected. and the
name, address and telephone numbcr of thc inspector. The inclusion of
photos. while recommendcd, is optional. The owncr. or legally responsible
entity. is responsible to submit a notarized copy of the documented
inspections to the Floodplain Administrator by May 31 st of each year.
(d) If the periodic visual inspection identities needed.,tnaintenance activity on the
stormwater management or drainage facilities, the owner, or legally
responsible entity, shall initiate the mainten~ceactivity within two (2) weeks,
and complete it within two (2) weeks of initiationof~he maintenance unlcss a
longer, but reasonable. time frame agreeable to the Floodplain Administrator
is required.
(5) Mandatory inspection and certitication report by a registered professional engineer
(a) For developments that ,have not a9hieyed full build-out and have not
successfully comple~H:;l~y;,"Final Im!!1'!~HtiRn" process for their final
development order, the 'folloWlngmandafdiy"'Stormwater management or
drainage system inspe\;ttS.'@andcertificatiiitir~ort is required. At least
annually ea9howner, or legally respPpllibleentity. of a dcsigned storrnwater
management or drainage s~sJle;J:l1~hall provide the County with a certification
report signed and sealcd by a registercd professional cnginecr knowledgeable
with storrnwater management and drainage facility design and regulations.
The report shall certify that the engineer has visibly inspected and measured
all portions of the stormwater management or drainage system facilities.
compared them to, the permitted and approvcd construction plans, and the
facilities are able to function as designed for both water quality and water
quantity capacities, Eisapplicable. The cngincer will usc discretion to identify
sediment ac9umulations that can reduce !low or water quality treatment
capacity by up to 10 perccnt of the design capacity. Reductions greater than
10 percentrequire completion of maintenance activitics to restorc the system
components back (0 design capacity.
(i) For determining whether a development is considered as built-out
related to the mandatory inspection and certitication of the storm water
management or drainage system. built-out shall mean that all required
components of the development's stormwater management or drainage
system have been constructed and accepted by the County, at least 90
percent of all land parcels have been completely developed. all exposed
soils stabilized by sod or a wcll established ground cover. and no new
construction for the remaining vacant properties has occurred or been
permitted for at least two years.
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(ii) For phased developments. where the entire dcvelopment is not fully built
out. but wherc a phase is considered as built out, and that built out phase
is not connected to thc master storm water management or drainage
systcm in the downstream llow path of an incomplete phase (or if
connected in the downstream flow path of an incomplete phase the built
out phase is separated from the incomplete phase by a storm water
management lake capablc of intcrcepting and contaitting any sediment
loading from the incomplete phase), thcn the Floodplain Administrator
may elect to allow that fully built out phase to be inspected and certified
on the applicable three year cycle.
(b) For developments that have achieved funwW1ld-\lP~ and have successfully
completed the "Final Inspection" process.for their final development order,
the following mandatory stormwater management or drainage system
inspection and certification is required. At least once every 3 years each
owner, or legally responsible entity, ora designed stormwatermanagement or
drainage system shall providetlleCounty with a ccrtification report signed
and sealed by a licensed Floridapi-ojf~sional engineer knowledgeable with
storm water management and drainage facility design and regulations. The
report shall certify that the engineer has V'i,sibly inspected all portions of the
stormwater managemel1tor drainage system :facilitics, compared them (0 thc
permitted and approved constructiol);.plans, and the facilities are able to
function as designed for both water quality <lnd watcr quantity capacities, as
applicable, The engineer will use discretion to identify sediment
accumulations that can rcduce flow or water quality treatmcnt capacity by up
to 10 percent of the design capacity. Reductions greater than 10 percent
require completion of maintenance activities to restore the system components
back to design capacity. .
uriittcorporatedportions of Collier County are divided into three regions
for tri~!lLcycle ~~bmittal of the inspection and certification reports to the
Floodplafu'A.dminiSttator, as follows:
(1) Beginning in May 2009. and in May of each subsequent third year (e.g.
2012,2015, etc.) all development north of the centerline of Pine Ridge
Road and wcst of the centerline of Collier Blvd. (including the extension
of an imaginary alignment along the eastern limit of Sections 10, 15 and
22, Township 48 South, Range 26 East). Inspection and certification of
stormwater management system components for Pine Ridge Road and
the applicable length of Collier Blvd. are also due in this cycle.
(ii) Beginning in May 2010, and in May of each subsequent third year (e.g.
2013,2016, etc.) all development south of the centerline of Pine Ridge
Road. west of the centerline of eollier Blvd. (CR-951) and north of the
centcrline of lJS-4I. Inspection and certification of stormwater
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management system components for US-41 and the applicable length of
Collier Blvd. are also due in this cycle.
(iii) Beginning in May 2011, and in May of each subsequent third year (e.g.
2014, 2017, etc.) all development in all remaining portions of
unincorporated Collier County.
(6) The certification report shall be on forms and in a format approved by the
Floodplain Administrator and include at a minimum the following information:
(a) name, location and description of the dcvelopmcnt or project;
(b) name of the owner or responsible entity;
(c) any local, State of Florida, or Fedcral .fi'mmtitnumber (if 'l-ppjicable);
(f) an explanation, with photos, of the condition of all the stormwater
management system facilities (e.g. observed sediment accumulations, rusting
pipes, cracked concrete. etc.) which shall include, but are not limited to, lakes,
lake banks, detetttion areas, retention areas, swales, ditches, canals, culverts.
storm drain pipes. water management berms including perimcter berms,
control structurcs, weirs. outfall facilities, skimmers. grates, inlets, catch
basins. ditch blocks, pumps, water control gates/valves. littoral vegetation,
permanent elevation reference points (within 100 feet of a control structure),
retention walls, etc.;
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(g) an explanation of the specific efforts undertaken to perform the inspection,
including a video or photos showing the condition of the inspected pipes, and;
(h) the engineer's signed and sealed certification in accordance with ehapter 471.
Florida Statutes and ehapter 61 G-15. Florida Administrative Code.
(i) It is acknowledged that certain components of a stormwater management or
drainage system (e.g. submerged lake interconnect culverts, deep lakes, etc.)
will be less susceptible to capacity restrictions anq,pe difficult to access for
inspection. After the initial certification, an<F::fuP, subsequent triennial
certifications up to the ninth year total systeffi\ItG~fWlication. the Floodplain
Administrator may waive or reduce the inspecticHi'Qf certain components in
accordance with a mutually agreed plan developcdbetween the engineer and
the Floodplain Administrator.
(j) It is acknowledged that certain components of a stormwate~hlllJ1agement or
drainage system (e.g. storm drain pipes,~imeter berms.iltibmerged lake
interconnect culverts. ctc.) will be lesssllljocptible to capacity restrictions
where frequent and detailed storrnwatermanagement system maintenancc
programs are implemented. After thc initiafoertitication and thc first triennial
certification. where both the initial certification and the first triennial
certitication provide evidence of no capacity reductions due to the ongoing
detailed maintenance, and f\1l-rup tll thc ninth year total system recertification.
the Floodplll.bv~dministratorn;l~'ji'lhiiveor reduce the inspection of certain
compQn~!1t~thaf~e difficulttoiWcess in accordance with a mutually agreed
plan ~~loped dpef\'ieen the .e~neer and the Floodplain Administrator.
provid~~i!~rdli!~~Wml:;md de.tlilIed stormwater maintenance program is
~qntinuedli~~:F100d1lila.i,n Administrator may continue to waive or reduce the
i!Nli>~ction oJ! those same certain components that are difficult to access up to
ekchsubsequent ninth year total system recertitication.
U' no physical changes have been made to the development's storrnwater
" management facilities since the last certified maintenance and inspection
. report that was submitted to the County. clearly understood references to the
location and physical descriptions of the applicable facilities. in lieu of
resubmittal of thc approvcd construction plans, can be made by the cngineer
in subsequent certified reports up to the ninth year total system recertification.
(I) The inspection and certification report shall be submitted to the Floodplain
Administrator no later than May 31" of the applicable year in the triennial
cycle listed above. Submittals determitted to be incomplete shall bc
considered as non-submittals until they have becn rcvised and determined to
be complete.
(7) Allowable construction inspection/certification tolerance guidelines
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. Weir (sharp crested)
o Crest elevation: ct 0.1 feet
o Length: for weir length less than or equal to 1.00 foot. ct 10%
for weir length greater than 1.00 foot, ct 0.1 foot
. Weir (broad crested)
o Crest elevation: ct 0.2 feet
o Length: ct 1.0 foot
. Bleeder
o Invert elevation: ct 0.1 feet
o eross-sectional area: ", 10%
. Operable gates (slidc, sluice. etc.) on slrltmtlfes
o Invert elevation: ct 0.1 fcet
o Width: No tolerance for variatidli
o Cross-sectional area: clo 10%
. Drop inlet (at control structures)
o Crest elevation: ct O,2:,[eet
o Width, length, or diaI)leter: x 10%
. eulverts and 8tonn Drains (tmsubmergedde$ign)
o Upstream invert elevation: x 0.1 feet
o Downstream invert elevation: x 0.2 feet but <:: upstream invert elevation
o Insidedlameter: must match or exceed approved design
o Type of material: must match or exceed approved design for strength and
roughness
Culverts and StonnJ)(mns (submerged design)
o Upstrearninvert elevation: clo 0.2 fcct
~... Downstream invert elevation: clo 0.2 fect
o Inside diaI)leter: must match or exceed approved design
oT)'pe(l!1~aterial: must match or exceed approved design for strength and
roughness
. Pumps
o "On" elevation: clo 0.1 feet
o "Off' elevation: ct 0.1 fect
o Capacity: Must match design (Note: Pump capacity can exceed design if
the discharge pipe is regulated by a slide gate valve with the handle locked
at the rcquired calibrated discharge rate.)
. Swales
o Bottom width: ct 0.5 feet
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o Depth: or 0.2 feet
o Side slopes: -0.5H/1 V than design, or shallower (e.g. 6H/J V could be
5.5H/I V or shallowcr)
o Water quality treatment volume: No Tolerance for less than design
. Ditches or canals
o Top width and bottom width: or I foot, but no less than 10%
o Depth: + 0.5 feet to -2 feet
o Invert elevation: + 0.5 feet to -2 feet
. Lakes and ponds
o Side slopes: up to 10% steeper. shallower is acceptable
o Allowable drop(s), step(s) or scarp(s) near shoreline: < 0.75 feet
o Stormwater treatment volumc: No Tolerance forless than design
. Storm water management berms
o Side slopes: -0.5H/1 V than design. or shallower (e.g. 4:HY1 V could be
3.5H/1 V or shallower)
o Top elcvation: No Tolerance for less than design with the elevation taken
on substantially placed material able to contain storm water to the design
elevation
(8) The Floodplain Administrator will maintain an adl?quately staffed and funded
organization. under the direct supervision of a registered professional engineer to
receive. review, document locations, perform field inspections and undertake other
actions as deemed necessary to en~'Ule compliance with the rcquirements of this
section.
SECl'lQlNH::iS: . .. SP~(ll!lflC STANDARDS FOR PERIODIC INSPECTION,
TEgm~U~lNSTAJ!)lliA;TION TRAINING OF DRY FLOODPROOFING
oom!RP.NENTS
(I) Dry floodproofing a nonresidential structure requires the timely installation of
sealants, flood panels. and possibly other components to prevent flood waters from
entering. The periodic inspection of the components. training of structure
occupants in the proper installation. and testing of componcnts to ensure their
continued suitability is necessary to cnsure the viability of thc dry flood proofing.
(2) The components of an approved dry floodprooting system shall be located on the
premises and available for immcdiate installation at all times.
(3) Mandatory annual visual inspections and installation training
(a) The owner. or legally responsible entity, of a structure approved for dry
floodproofing shall ensure that a visual inspection is made of all the
Page 45 of 55
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componcnts required to dry tloodproof the structure, including the structure
itself.
(i) at least once each year, but no later than May 3151 of that year.
(ii) The visual inspection shall include an examination of all components to
check for
. storage and availability for implementation,
. access to all backflow prevention valves,
. deterioration (e.g. rusting. pitting, rotting, dry rotting, etc.) of flood
panels. gaskets. and door and window opening attachment areas,
. freshness and useableness of any app.!ied~lants.
. and proper and sufficient fastcners (e.g. bolts, screws, etc.) and any
special tools required to install t)1e components.
(b) The owner, or legally responsi.pie elltitY.\>f a structure:!lPll~oved for dry
tloodproofing shall ensure thattllil.Qc<;tlpantsof the structunj'receive training
in the installation of all the coml'~!tllnt~l required to dry tloodproof the
structurc
(i)
.. st
at least oncc each year, btlt 00 later than May 31 of that year.
(ii)
The installation traini:ngshall include all components and an explanation
of
. where thtiy .are installed,
. the proper order and \yay in which they are installed.
. th~ operation of any special tools required to install,
. artdthe proper disassembly and storage of the components after
t100ding has receded.
(e) Personsql'Ill1\tied, and willing to take responsibility, to perform all or portions
of the anntlal visual inspections and installation training are
(:1) !ic~nsfld civil engineers and mechanical engineers, and graduates of civil
~.eering, mechanical engineering, and civil engineering technology
degree programs;
(ii) licensed general contractors engaged in the construction industry,
including foremen. carpenters, machinists or other persons with a good
working knowlcdge of building construction techniques working for the
general contractor and under his/her direct supervision;
(iii) persons employed by manufacturers or vendors. and certified as
qualified installers. of flood panels or other major floodproofing
Page 46 of 55
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components. provided thcy perform the visual inspection and installation
training activities under the auspices of their employer; and
(d) The inspector shall document the annual visual inspection or installation
training in a log book maintained by the owner or legal entity within 24 hours
of the completion of the inspection or training. Documentation shall include.
at a minimum, the date and time of the inspection or training, a written
statemcnt of findings for each component of the floodproofing system
inspected, the name, address and telephone number of thc persons trained, and
the name, address and telephone number of the inspector. Thc inclusion of
photos, while recommendcd. is optional. The owner or legally responsible
entity, is responsible to submit a notarized copy of the documented
inspections and/or training to the Floodplain Administrator by May 3151 of
each ycar.
(e) If the annual visual inspection ideI1*j.~needed repairs to,orreplacement of,
dry t1oodproofing components, thcH:mmer, or. legally rcsponsib.le entity, shall
initiate the repair or replacementw;ithin 1Y{eeks, and co~e'te it within 2
weeks of initiation of the repaii'8E replacement unless a longer. but
reasonable, time frame agrecable to tlt/1FIQQdplain Administrator is required.
(4) Mandatory testing of dry f1oodproofmg components and certification by a
registered professional engineer or registered. architect
(a) At least once every 3 years each owner, or legally responsible entity, of a
structure approved for dry ftQQdproofing shall provide the eounty with a
certi.fiQatjon repor,tsigned and seated by a registered professional engineer or
registered profeSsfonal architect knowledgeable in dry floodproofing
component design and installation. The report shall certify that thc engineer
or architect has visibly observed and inspectcd all portions of the practice/test
installation of the floodproofing components, compared thcm to the permitted
and approved construction plans. and the components arc able to be
completely install cd or opcrated within four (4) hours and function as
designed.
(b) The engineer or architect will use discretion to work with the owner, or legally
responsible entity. to establish a physical testing procedure to test the water
tightness of the components at the base flood elevation head after they have
been installed. Seepage or leaks shall be noted by the engineer or architect,
and the total int10w rate noted on the inspection certification report. A total
structure seepage or leakage rate exceeding 3.0 gallons per hour per thousand
square fcet of building space shall constitute a failure of thc test and require
corrective measures to the dry t1oodproofing system components. unless there
is a reliable seepage collection and throw-out system in place. Where therc is
a reliablc seepagc collection and throw-out systcm in place. the total structure
Page 47 of 55
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seepage or leakage rate shall not exceed 103 gallons per hour per thousand
square feet of building space.
(c) The County is divided into three regions for triennial submittal of the
test/inspection and certification reports to the Floodplain Administrator, as
follows:
(i)
Beginning in May 2009. and in May of each subsequent third year (e.g.
2012.2015. etc.) all dry floodproofed buildings north of the centerline of
Pine Ridge Road and west of the centerline of eollier Blvd. (including
thc extension of an imaginary alignment along the eastern limit of
Sectiotts 10, 15 and 22. Township 48 South, Rangc 26 East).
(iii)
Beginning in May 2010. and in May of each s\lb!iequent third year (e.g.
2013,2016, etc.) all dry floodproofedbuildingS>SQtith of the centerline
of Pine Ridge Road. west ()Ltl1.ecenterline of Collier Blvd. (CR-951)
and north of the centerline ol!i\J11H~1.
'1jiH!lH',_...,:;ii".,
Beginning in May 2011, and'i~~mlMfl~~ch subsequent third year (e.g.
2014,2017, etc.) all dry t1oodproofedcbuildings in all remaining portions
of unincorporated Collier County.
(ii)
(d) The certification shall be on forms and in a fottillltapproved by the Floodplain
Administrator and includelllca mipijUl,lIIl the following information:
(i) name, iocationand descriptiort of the t1oodproofed structurc.
(ii) name of the owner or respQtlSiblc entity,
~:iii)cf\:ollien:C~ty approved building permit number(s) (if applicable),
(iv) a copy of the approved building plans identifying the approved dry
flooqpnoofing components. If copies of the approved construction plans
showi,ng the dry flood proofing components are not attainable from the
records of the County, Statc of Florida or Federal agencies, or the
original engineering or architectural company. the certifying engineer or
!P'C'l'litect shall providc corroborating letters from the aforementioned
erttities and then prepare drawings of the structure showing a dry
floodproofing system that meets current requirements for the base flood
elevation in effect at the time of building construction or substantial
improvement/damage repair. This will include a structural analysis of
the building to confirm its ability to withstand t1otation, collapse and
lateral movement forces from flood waters.
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(v) an explanation, with photos, of the condition of the structure (e.g.
observed building wall cracks, t100d panel condition and installation,
time to install, opcration of backt10w prevention valves, etc.),
(vi) an explanation, with photos, of the specific efforts undertaken to
perform the inspection and hydraulic testing along with the results of the
testing, and,
(vii) the engineer's signed and sealed certification in accordance with Chapter
471, Florida Statutes and Chapter 61G-15, Flqrida Administrative Code,
OR the architcct's signed and sealed certitiHl#i~n in accordance with
Chapter 481, Florida Statutes and 'Ch!ipter 6IG-I. Florida
Administrative Code.
(viii) If no physical changes have bee,l1!ffillde to the st~J;uI;e or the structure's
dry t1oodproofing components' sil\h~ the last cetli~lt~sting/inspection
report was submitted to the'mllll>>ty, clearly understoo<iref~rences to the
location and physical descriptions of the applicabledry'floodproofing
components, in lieu of resubttli/.lialofthe approved building construction
plans, can be made by the engineer:or architect in subsequent certified
reports up to the ninth year total recertification cycle.
(ix) The testing/inspection and certification report shall be submitted to the
Floodplain Administrator no la'lie1itpiln May 31 sl of the applicable year in
the triennial cycle listed above. Submittals determined to be incomplete
s\lallbe cOllsidered asnoh.submittals until they have been revised and
.detenninedtQpe complete.
(e) 'i.;r,\)eFlooiju'>>i~jA.JIminfflpmQJ:.will maintain an adequately staffed and funded
,', !!!!~>>M~izati6n,\Jnder thd!id~t supervision of a licensed Florida professional
engi~lftjn~Qre~~Y~neview, document locations, and perform field inspections
and 'observe testing as deemed necessary to ensure compliance with the
requirements of this section.
SECTION 26l.SfECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE
Current federal law (Thc National Flood Insurance Act of 1968, as amended) requires
that a federal lender advise a purchaser if a property is located in an area of special t100d
hazard and ensure that adequate t100d insurance is available for the life of the loan before
closing on the loan. This could be well after the buyer has put down earnest money, has
lost interest in other properties. and/or has become committed to purchasing thc property
without knowing all the facts. To better inform and protect the seller. agcnt. and
purchaser. the following flood hazard disclosure rcquirements have been developed for
all real estate transactions.
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(I) All real estate agents must notify those (or their real estate agents) interested in
purchasing properties located in the Special Flood Hazard Area (flood zones
beginning with the letter "A" or "V") about the flood hazard and the flood
insurance purchase requirement. The notice must clearly state whether the property
is in the floodplain and. if so. that flood insurance purchase requirements are
applicable. The t100d hazard disclosure document must bc provided to the potential
purchaser at the time of the initial face to face contact. showing, or mailing of
information (including electronic mail and facsimile transmissions) but is not
required when the only contact is a telephone call with no follow-up
communication. The seller shall provide thc information required by this Section to
be given to the real estate agent so as to allow the real estate agent to comply with
the above notification requirements.
(2) All individual sellers of real estate (when a real estate agent is not involved) must
notify those interested in purchasing propertiF~lo~ted in~,~Jlecial Flood Hazard
Area (flood zones beginning with the letter "N'or "V'") abotiti~tflood hazard and
the flood insurance purchase requircment. The notice must cleaiitystate whether the
property is in the tloodplain and.i:f,Mo;, that flood insurance requirements are
applicable. The flood hazard disclosure'doc.mnellt must be provided to the potential
purchaser at the timc of the initial face ttNnfil~contact, showing. or mailing of
information (including electronic mail andfal;simile transmissions) but is not
required when the only contact is a telephone call with no follow-up
communication.
; .>
(3) All real estate agentsllndindividual sellers6r'te~1 estate (when a real estate agent is
not involved) 1'ln:1;tstadvWe potential purchascrs in writing whether "to the best of
their knowledge and belief' the property has cver been flooded. When a real estate
agent is involved, the seller shall provide this information to the agent who, in turn,
shall provide it to potential purchasers or their agents. This written notitication
must occur at the same time as the notification of the flood hazard and flood
insurance purchase requiremcnt and can be incorporated into the samc document.
(4) All landlords must notify those interestcd in renting properties located in the
Special Flood Hazard Area (flood zones beginning with the letter "A" or "V") about
the floqPifa,zarGl,'Yihether they have purchased flood insurance on the building and
contettts.ii~i~iability of the renter to individually purchase flood insurance on
buildingcoi1tents. The notice must clearly state whether thc property is in the
Special Flood Hazard Area floodplain. Thc flood hazard disclosure document must
be provided to the potential rcnter prior to the initiation of the preparation of a
rental contract documettt. Additionally, the landlord is required to advise the
potential renter in writing whethcr "'to the bcst of their knowlcdgc and belief' thc
property has ever beett t1oodcd.
(5) All property boundary and individual lot surveys are required to show the flood
hazard area if the property is located within an area of special t100d hazard (flood
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zones beginning with the letter "A" or "V") and include the base flood elevation, if
applicable.
SECTION 27: APPEALS PROCEDURE
(I) The Board of Zoning Appeals as established by the Board of County
Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00, shall
hear and decide all appeals of determination made by the Floodplain Administrator
when an applicant is alleging an error by the Floodplain Administrator in the
enforcement or administration of this article.
(2) An appeal shall be filed by the Appellant with the County Manager within ten (10)
business days ofthc alleged error by the Floodpl~Administrator.
(3) The filing fee for each appeal shall be that adopted in the Cdrrtmumty Development
and Environmcntal Services Fee Schedule. Section A-7 (approved 12-11-07,
Resolution 07-357) as may bc amended, replaced or superseded.
(4) A request for appeal shall be filed in writing. Such request shall state the basis for
the appeal and shall include any pertinent information. exhibits and other backup
information in support of the appeal. The Board of Zoning Appeals shall hold an
advertised public hearing on thtlappeal and shall consider the appeal of the alleged
error by the Floodplain Administrator decision in light of the criteria set forth in this
article. The Board of Zoning Appealss]lall adopt thc Floodplain Administrator's
decision or detllOnination, whichever is applicable, with or without modifications or
conditions, or reject his decision ordetermittation. The Board of Zoning Appeals
shall not be authorized to modify or t~ect the Floodplain Administrator's decision
or determination unless such board tinds that the decision or determination is not
s\IP~rtrdby. subs1.a>>tiaicompetent evidence or that the decision or determination is
contrarylo.the specific provisions of this article.
(5) Any appeal that has not becn acted upon within six months of the applicant filing
the appeal. due<tothe applicant's request to not schedule the required hearing, will
be det!lWiliwd-withdrawn and cancelled.
(6) Any person aggrieved by the appellate decision of the Board of Zoning Appeals
may appeal such decision to the Circuit Court, as provided by law.
SECTION 28: VARIANCE PROCEDURE, CRITERIA AND NOTICE
(1) The Board of Zoning Appeals as established by the Board of County
Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00. as may
be amended. shall hear and decide requests for all variances from the substantive
requirements of this article, except as specifically allowed below.
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(2) The Floodplain Administrator is authorized to make the final determination on a
request for variance from the rcquirements of this article solely for repair or
restoration of "historic" structures as detined in this article upon a finding that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a "historic" structure. All other variances will be heard by the Board
of Zoning Appeals.
(3) A request for a variance to any requirement of this article shall follow the procedure
described in the Collier County Land Devclopment eode Section 10.04.04, as may
be amended, for Applications Subject to Type III Review.
(4) The filing fee for each variance request shall be that adopted and in etfect in
eommunity Dcvelopment and Environmental Sef'\'r~s Fee Schedule, Section K-IO
(approved 12-11-07. Resolution 07-357) as may be :amelj\ded. replaced or
superseded.
(5) In acting upon such applications, the Board of~ng Appeals Shl;lll consider the
following criteria, including: . ..
(a) whether the failure to grant the variance would result 111 an exceptional
hardship to the applicant;'
(b) whether granting the variance would .tesult in increased flood heights,
additionaHhreatsto public safety or expense. crcate a nuisance, cause fraud
on or victimization of the public. or conflict with existing local laws or
ordinances;
(c) whether the variance wiluld be the minimum nccessary deviation from the
requirements oftms article; and
(d) shall alsoconsidenhe'lbllowing technical factors as they may be applicable:
The'qapBer that materials may be swept onto other lands to the injury of
otht1t~i
(ii) The danger of life and property due to flooding or erosion damage;
(iii) The susceptibility of the proposed facility and its contents to flood
damage and the effcct of such damage on the individual owner;
(iv) The importance of the services provided by the proposed facility to the
community;
(v) The necessity to the facility of a waterfront location, where applicable;
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(vi) The availability of alternative locations for the proposed use which are
not subject to t100ding or erosion damage;
(vii) The compatibility of the proposed use with existing and anticipated
development;
(viii) The relationship of the proposed use to the comprehensive plan and
t100dplain management program for that area;
(ix) The safety of access to the property in times of t100d for ordinary and
emergency vehicles;
(x) The expected heights, velocity, duration, rate of rise. and sediment
transport of the t100d waters and the eff~cts of wave action, if
applicable, expected at the site;
(xi) The costs of providing &ov~rt1tl:iental..services duri~;~1\'~ after flood
conditions, including m~1~ce and. repair of publiC utilities and
facilities such as sewer, gas, electric~lj and water systems, and streets
and bridges.
(6) Variances shall not be issuedwitbinany designatedifloodway if any impact in t100d
conditions, or increase in t100d levelsduti:J:l!.?\the base flood discharge would result.
(7) Variances may only be issucd for new construction and substantial improvements to
be erected on.a:lot of one. half acre or less itt sizc contiguous to and surrounded by
lots with existing structures constructed below the base flood level and for other
developmentnecessaryforthe. conduct of a functionally dependent usc.
(8) J,Jponcop.siderationOfthe criteria and factors listed itt subsection (5) above, the
Board of Zoning Appeals may deny or approvc such variance and attach such
.qollditions to:tl1-egrantingofvariances, as it dcems necessary to further the purposes
of this article.
(9) Any person aggneved by the decision of the Board of Zoning Appeals may appeal
such decisionWthe Circuit Court, as provided by law.
(10) Any applicant to whom a variance is granted shall be given written notice under the
signature of the eounty Manager that:
(a) The issuance of a variance to construct a structure below the base flood
elevation will result in increased premium rates for t100d insurance
commcnsurate with the increased risk resulting from the reduced lowest floor
elevation, and
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(b) Such construction below the base t100d level increases risks to life and
property.
(c) A copy of the notice shall bc recorded by the Floodplain Administrator in the
Office of the elerk of Court and shall be recorded in a manner so that it
appears in the chain oftitlc of the affected parcel of land.
(II) The Floodplain Administrator shall maintain the records of all variance actions,
including justification for their issuance or denial, and report such variances in the
community's NFIP Biennial Report or upon request to FEMA and the State of
Florida, Department of Community Affairs. NFlp Coordfuna~ing Office.
SECTION 29: CONFLICT AND SEVERABILITY
In the event this ordinance cont1icts with any Ht~~r ordinance of Collier County or other
applicable law, the more restrictive shall aPPl~.Jhny court of competen.~jl!fisdiction
holds any phrase or portion of this ordinanbei\h#~\ir (m~ill1~nstitutional,iiliicb portion
shall be deemed a separate. distinct and independlmtprovision and such holding shall not
affect the validity of the remaining portion.
"",
SECTION 30: INCLUSION IN\!IlJIECQDE OF tAW$AND ORDINANCES
The provisions of this Qrdinance shall becomelili<ii~!p;l#de a part the Code of Laws and
Ordinances of eollierqJ<>unty,Florida. The sections of the Ordinance may be
renumbered or re-letteredto accomplish suc\t, and the words "code" or "ordinance" may
be changed to "section". "article". or any other appropriate word.
SECTIqN'.31: REPEAL OFCOLLIlRRCOUNTY ORDINANCE NO. 86-28 (AS
SUBSEQ'lJENTLY AMENDED BY ORDINANCE 87-80, ORDINANCE 90-31,
AN~~W>>NANCIj 200!l.,5:t)
CollietCounty Ordinance 86-28, and its subsequent amending ordinances (Ordinance 87-
80, Ordinan<:e 90-31 ,lmd Ordinance 2005-51) are hereby repcaled in their entirety as of
the effective date of this Ordinance.
SECTION 32: LIBERAL CONSTRUCTION
This Ordinance shall be liberally construed to effectuatc its public purpose.
SECTION 33: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Secretary of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day 01'___ ,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF eOUNTY COMMISSIONERS
OF COLLIER eOUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM H~NNING, Chairman
:;;',;;>,
Approved as to form and legal sufficicncy:
HEIDI F. ASHTON-CICKO
Assistant County Attorney
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LDC Amendment Request
ORIGIN: Transportation
AUTHOR: Lisa Koehler. Principal Planner
DEPARTMENT: Transportation Planning
AMENDMENT CYCLE: 2008, Cycle 1
LDC PAGE: LDC4:55 - LDe4:56
LDC SECTION(S): 4.02,27. Specific Design Standards for the
Immokalee--State Road 29A Commercial Overlay Subdistrict
CHANGE: Allow for flexibility in requirements for acceleration/deceleration lanes on
the segment of State Road 29A within the Immokalee--State Road 29A Commercial
Overlay Subdistrict.
REASON: The codc requircment as currently stated requires acceleration and
deceleration lanes within the Immokalee State Road 29A Commercial overlay subdistrict.
In many cases. provision of accelcration and/or deceleration lanes on this segment of SR-
29 will impedc access to adjoining properties by requiring construction of an acccleration
and/or deceleration across driveways. Flexibility is needed.
FISCAL & OPERATIONAL IMPACTS: The applicant may receive fiscal benefit of
not having to build turn lanes.
RELATED CODES OR REGULATIONS: LDC 6.06.0I.H (requiring turn lanes as
applicable) and Ord. 2003-37 (ROW Pcrmitting and Inspection Handbook)
GROWTH MANAGEMENT PLAN IMPACT: None are noted at this time.
OTHER NOTES/VERSION DATE: Amcndment request created 4/2/08. Revised
4/17/08. Revised 6-19-08 per DSAC
Amend the LDC as follows:
4.02.27 Specific Design Standards for the Immokalee--State Road 29A Commercial
Overlay Subdistrict
A. Access points to SR-29 shall comply with Florida State Department of
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Transportation (FDOT) permitting regulations. Parcels that do have a minimum
of 440-feet or less of street frontage shall provide access off existing adjacent
roadways, when possible. and should not directlv access to SR-29.
B. Owners of lots or combinations of lots having less than the required street
frontage may petition the Board of Zoning Appeals for a variance from the
standard in this subdistrict as will not be contrary to the public interest when
owing to special conditions peculiar to the property, a literal enforcement of
these standards would result in unnecessary and undue hardship.
C. Building design standards.
1. Buildings shall be set back from SR-29 a minimum of twenty-five (25) feet
and from the rear lot line a minimum of twenty-five (25) feet.
2 Projects with a total building square footage of less than or equal to 5,000
square feet shall provide a ten (10) foot Type A landscape buffer as
described in section 4.06.00 between vehicular rights-of-way with
required sidewalks and adjacent residential development. adjacent
commercial projects shall provide coordinated landscape plans.
3 Projects with a total building square footage of less than or equal to 5,000
square feet shall provide an area equal to a minimum of two and one-half
(2 1/2) percent of the total interior vehicular use area which shall be
landscaped to provide visual relief.
4. Projects with a total building square footage exceeding 5,000 square feet
shall provide landscape buffering in accordance with section 4.06.00 of
this LDC.
5. Buildings shall have a maximum height of fifty (50) feet.
D. Transportation.
1. Shared parking arrangements between adjoining developments shall be
encouraged.
2. Deceleration and acceleration lanes shall be providedc consistent with the
ROW Permittinq and Inspection Handbook and subiect to FOOT
approval where applicable.
3.
Pedestrian traffic shall be encouraged by providing sidewalks. The
location of these sidewalks shall be coordinated with adjacent projects.
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LDC Amendment Request
ORIGIN: Transportation Division
AUTHOR: Lisa Koehler, Principal Planner
DEPARTMENT: Transportation Planning
AMENDMENT CYCLE: 2008, Cycle 1
LDC PAGE: LDC4:124.2 - LDC4:124.3
LDC SECTION(S):
4.07.02,
Design Requirements
CHANGE: Add language which requires all new roadways within a Planned Unit
Development to be maintained by the dcvelopcr. owncrs. master association. successors
and/or assigns.
REASON: The County cannot afford to maintain roadways that are constructed as
part of new developments. .
FISCAL & OPERATIONAL IMPACTS: The County will realize fewer fiscal impacts
as new roads developed within PUD's will now have to be privately maintained. Whether
roads are public or private, the fiscal responsibilities shall remain with project developers
or homeowners/property associations or successors or assigns.
RELATED CODES OR REGULATIONS: eCLDe 4.07.02.1.4; CCLDe-6.06.01;
CeLDC 1O.02.05.E.3.a-c
GROWTH MANAGEMENT PLAN IMPACT: None arc noted at this time.
OTHER NOTESNERSION DATE: Amendment request created 3/21/08; Revised
3/27/08. Revised 6-19-08 per DSAC
Amend the LDC as follows:
4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS
.
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.
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.
4.07.02 Design Requirements
In addition to all general provisions and procedures established in this section,
the following specific requirements, limitations and standards shall apply to all PUD
districts except that section 4.07.02 D. shall not apply when there is no residential
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component within the PUD and section 4.07.03 shall not apply when there is no
industrial component in the PUD.
J. Streets, drives, parking and service areas.
1. Streets, drives. parking, and service areas shall provide safe and
convenient access to dwelling units and project facilities, and for
service and emergency vehicles and shall be otherwise consistent with
the Collier County Functional Classification and Future Roadway Plans,
as may be amended from time to time.
2. Streets shall be laid out and constructed so as not to require excessive
cuts or fills or to interfere with desirable drainage in or adjacent to the
district.
3. In addition, all major arteries as shown on the master plan of
development shall be limited access facilities and the only vehicular
access thereto shall be public streets unless otherwise provided for
within the approved PUD master plan.
4. Principal vehicular access points shall be designed to encourage smooth
traffic flow and minimize hazards to vehicular or pedestrian traffic.
Merging and turn lanes and/or traffic dividers shall be required where
existing or anticipated heavy traffic flows indicate need. The
interconnection of collector and local streets within the PUD to adjacent
lands or developments shall be required except where determined by
the County Manager or designee that an interconnection is not feasible or
warranted due to existing development patterns, transportation network
needs. or the like. Interconnection of local streets shall be designed to
discourage through traffic, and not adversely impact local streets in the
neighboring residential areas. Where streets within the district intersect
adjoining streets, visibility triangle shall be maintained.
5. All streets or roads within the PUD shall be public unless specifically
identified and approved as private on the PUD master plan, and shall
comply with all requirements for streets and roads as contained in
section 403.00.
6. AlI-Public or private streets within the PUD shall be maintained by the
developer. master association. community development district or special
district qoverninq bodY and successors and/or assiqns. unless otherwise
approved by the BCC.
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