DSAC Backup 09/03/2008 R
~,j)?2Dt?
DRAFT 8.12.08
Please NOTE:
Section 24, pages 38 through 44 is currently being
re-written. This will be discussed at the
September 3, 2008 DSAC meeting.
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DRAFT 8-12-08
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
ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD; DESIGNATION OF FLOODPLAIN
ADMINISTRATOR; DEVELOPMENT PERMIT
REQUIRED; COMPLIANCE; ABROGATION AND
GREATER RESTRICTIONS; INTERPRETATION;
WARNING AND DISCLAIMER OF LIABILITY;
PENALTIES FOR VIOLATION; APPLICATION
PROCEDURE FOR PERMIT; GENERAL
STANDARDS FOR FLOOD HAZARD REDUCTION;
SPECIFIC STANDARDS .'OR A-ZONES WITH
BASE FLOOD ELEVATIONS AND WITH OR
WITHOUT REGULA TORY FLOODW A YS;
SPECIFIC STANDARDS FOR A-ZONES WITHOUT
BASE FLOOD ELEVATIONS AND REGULATORY
FLOODW A YS; SPECIFIC STANDARDS FOR AO-
ZONES; SPECIFIC STANDARDS FOR COASTAL
HIGH HAZARD AREAS (V-ZONES); SPECIFIC
STANDARDS FOR CUMULATIVE SUBSTANTIAL
IMPROVEMENT; SPECIFIC STANDARDS FOR
SUBDIVISION PLATS; SPECIFIC 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 SUBSEQUENTLY
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 Commissioners seeks to protect
the health, safety and welfare of the citizens of Collier 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 scrvices, extraordinary public and private
expenditures for flood protection, recovery, and relief, and impairment of the tax base, all
of which adversely affect the public health, safety and general welfare; and
WHEREAS, losses from nooding may be caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities, and/or by the
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands
which are inadequately elevated, floodproofed, 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 safety of existing and future residents by
enacting and enforcing regulations necessary for the protection of the public including
flood damage prevention ordinances; and
WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning
and Land Development Regulations Act), Florida Statutes, provides that counties shall
have the power and responsibility to plan comprehensively for their future development
and growth including the adoption and implementation of appropriate land development
regulations which are necessary or desirable to implement a comprehensive plan,
including the regulations of areas subject to seasonal and periodic flooding 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 Management Agency (FEMA) of the U,S, Department of Homeland
Security; and
WHEREAS, Collier County, Florida had previously adopted a Flood Damage
Prevention Ordinance (Ordinance 86-28, as subsequently amended 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 Community Rating System program;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION I: STATUTORY AUTHORIZATION
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The Legislature of the State of Florida has in Chapter 125, Florida Statutes, delegated the
responsibility to loeal governmental units to adopt regulations designed to promote the
public health, safety and general welfare of its citizenry.
SECTION 2: FINDINGS OF FACT
(I) The flood hazard areas of Collier County are subject to periodic inundation, which
could result in loss of life, property damage, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which could adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in flood
plains causing increases in flood heights and velocities, and by the occupancy in
flood hazard areas by structures vulnerable to floods or hazardous to the lands
which are inadequately elevated, floodproofed, or otherwise inadequately protected
from nood damages.
SECTION 3: STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions 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 flood
heights and velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against nood damage throughout their intended life span;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
erosion 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 eliminate or minimize property damage;
(2) Minimize expenditure of public money for costly t100d control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense 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 bridges and culverts located in
floodplains;
(6) Maintain a stable tax base by providing for the sound use and development 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 the areas of special flood hazard assume
responsibilities for their actions.
SECTION 5: DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
ordinance its most reasonable application:
Accessory structure (Appurtenant structure) means a structure that is located on the
same parcel of property as the principal structure and the use of which is incidental to the
use of the principal structure. Accessory structures should constitute a minimal
investment, may not be 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 sheds. This does not include a guest house
which is defined in the Collier County Land Development Code as an accessory dwelling
structure.
Act means the National Flood Insurance Act of 1968, U.S.c. 4001, et. 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 fire wall required by the Standard Building Code. Any walled and roofed
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addition which is connected by such fire 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 AH Zone on the community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be 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 areas are designated
on the flood insurance rate map (FIRM). This term is synonymous with the phrase
"special flood hazard area."
A Zones means any type of Special Flood Hazard Area flood zone designation that
begins with the letter "A". It is not intended to refer to only the specific designation of
Zone A which does not have an established base flood elevation.
Base flood means the flood having a one percent chance of being equaled or exceeded in
any given year (also sometimes called the "IOO-year flood" and the "regulatory flood").
Base flood is the term used throughout this ordinance.
Base flood elevation (BFE) means the elevation shown on the Flood Insurance Rate
Map (FIRM) for Zones AE, AH, AI-A30, AR, ARIA, ARlAE, ARlAI-A30, ARlAH,
ARI AO, V 1- V30, and VE that indicates the water surface elevation resulting from a flood
that has a I percent chance of equaling or exceeding that elevation in any given year.
Basement means any area of a building, including any sunken room or sunken portion of
a room, having its floor below ground level (sub-grade) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the 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 Coastal
Construction Control Line established by the Florida Department of Natural Resources
on June 27, 1989, and the National Flood Insurance Program (V) zones indicated on the
FIRM, as zones VI-30, and VE or V, whichever is the most landward. The land mass
seaward of this line is considered the Coastal High Hazard Area.
Community means all area within the boundaries of Collier County, Florida, including
the incorporated municipalities.
Community Rating System (CRS) means a program developed by FEMA to provide
incentives for those communities in the Regular Program of the National Flood Insurance
Program that have gone beyond the minimum floodplain management requirements to
develop extra measures to provide protection from flooding.
County whenever used shall mean unincorporated Collier County, Florida.
Datum means a reference surface used to ensure that all elevation records are properly
related. Many communities have their own datum that was developed before there was a
national standard. The current national datum is the National Geodetic Vertical Datum
(NGVD) of 1929, which is expressed in relation to mean sea level, or the North
American Vertical Datum (NA VD) of 1988. The FIRMs prepared by FEMA with a
FEMA effective date of November 17, 2005 are based upon the NA VD of 1988.
Development means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, tilling,
grading, paving, excavation or drilling operations, or storage of equipment or materials,
Development permit means any County permit which must be approved by the County
prior to proceeding with any "Development".
Elevated building means a structure that has no basement and that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers,
columns, or pilings.
Elevation means the measured vertical distance 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 (NA VD), whichever is
specified 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 floor that is either partially or fully shut in by rigid walls..
Encroachment means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or
alter the now capacity of a noodplain.
Existing construction means, for the purposes of floodplain 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 structure's building permit,
provided the actual start of construction, repair, reconstruction, or improvement was
within 180 days of the permit date as more fully defined below. This term may also be
referred to as "existing structures".
"Existing 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, either final site grading or the pouring of concrete pads, and the construction of
streets) was completed before Septembcr 14, 1979 (thc cffcctivc date of Collier County's
first FIRM and as previously stated in Ordinancc 90-31 ).
Existing structure means a structure for which thc "start of construction" commenced
before September 14, 1979 (thc cffcctive date of Collier County's first FIRM).
Expansion to an existing manufactured home park or subdivision mcans the
preparation of additional sites at an existing manufactured home park or subdivision by
the construction of facilities for scrvicing the lots on which thc manufactured homes arc
to be affixed (including thc installation of utilities, cither final site grading or pouring of
concrete pads, or the construction of strccts).
Extremely hazardous substances facilities mcans all buildings, equipment, structures,
and othcr stationary itcms which are located on a single site or on contiguous or adjacent
sites and which are owned or opcrated by the same person (or by any pcrson which
controls, is controlled by, or undcr common control with, such person) whcrc chemicals
or substances (products or wastes) that have been idcntified by the Unitcd States
Environmental Protection Agency (EPA) on thc basis of toxicity, rcactivity, flammability
and/or corrosiveness, and listcd under Title III of the Supcrfund Amendments and
Reauthorization Act (SARA) are gcncrated, uscd, or storcd.
Federal Emergency Management Agency (FEMA) means thc federal agency under
which the National Flood Insurance Program (NFIP) is administered. In March 2003,
FEMA bccame part of the ncwly created U.S. Department of Homeland Sccurity.
FIRM means the Flood Insurancc Rate Map.
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Flood or flooding means
(I) A general and temporary condition of partial or complctc inundation of two or morc
acres of normally dry land arca or of two or more properties (at least one of which
is the affected policy holder's property) from:
(a) The ovcrflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runolf of surface waters from any
source.
(c) Mudslides (i.e" mudflows) which arc proximately caused by flooding as
defined in paragraph (a) (2) of this dcfinition and arc akin to a river of liquid
and t10wing mud on thc surface of normally dry land areas, as when earth is
carried by a current of water and depositcd along thc path of the current.
(2) The collapse or subsidencc of land along a shore of a lake or similar body of water
as the result of erosion or undermining caused by wavcs or currents of water
exceeding anticipated cyclical levels or suddenly causcd by an unusually high watcr
level in a natural body of water, accompanicd by a sevcrc storm or by an
unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by
some similarly unusual and unforcseeable cvent which results in flooding as dcfined
in paragraph (I) (a) of this definition.
Flood elevation determination means a dctermination by thc Administrator of the water
surfacc elevations of thc base flood, that is, thc flood levcl that has a one percent or
greater chance of occurrencc in any givcn year.
Flood Insurance Rate Map (FIRM) means an official map, or map series, ofthc
community, issued by FEMA, which dclineates both thc areas of special flood hazard and
the risk prcmium zones applicable to the community.
Flood Insurance Study (FIS) means thc official hydraulic & hydrologic report provided
by FEMA used to develop the t100d insurancc rate maps and the water surface elevation
of the base flood, The study contains an examination, cvaluation, and determination of
flood hazards, and, if appropriate, corresponding watcr surface elcvations, or an
examination, evaluation, and dctermination of muds Ii de (i.c., mudt1ow) and other flood-
rclated erosion hazards. The study may also contain flood profiles, as well as the FIRM,
and other related data and information.
Floodplain or flood-prone area means any land arca susceptible to bcing inundatcd by
water from any source (see dcfinition of "t1ood"). Collicr County, Florida, being a
coastal community, has areas of floodplain from coastal surgc flooding and areas of
floodplain from interior basin, riverine, rising water Hooding.
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Floodplain administrator mcans the person, including subordinate staffing, dcsignated
by the County Managcr to be rcsponsiblc for thc administration, implemcntation and
enforccmcnt of the floodplain managcment rcgulations ofthc County.
Floodplain management means the opcration of an overall program of corrective and
preventive measures for reducing flood damage and preserving and cnhancing, 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 mcans this ordinancc and other zoning ordinances,
subdivision regulations, building codes, hcalth regulations, spccial purpose ordinances
(such as a floodplain ordinance, grading ordinance and erosion control ordinance) and
other applications of police powers which control dcvelopmcnt in flood-prone arcas. Thc
term describes Fcderal, Statc of Florida, or local regulations, in any combination thcreof,
which provide standards for prcvcnting and/or reducing flood loss and damage,
Floodproofing mcans any combination of structural and non-structural additions,
changes, or adjustments to structures, which reduce or eliminate t100d damage to real
cstate or improved real property, water and sanitation facilitics, or structures and their
contents.
Dry floodproofing utilizcs construction materials, and techniqucs able to
withstand thc hydrostatic and hydrodynamic loads and buoyancy forces that
would be caused by flood dcpths, pressures, velocitics, impact, and uplift forces
associated with the base flood and kccp t100d watcrs from cntcring the building
up to onc foot above thc basc flood plus any requircd freeboard clcvation. All
areas of thc building componcnts below the base 1100d clevation plus one (I) foot,
plus any rcquired freeboard, must be watcr tight with walls substantially
impermeable to the passage of watcr, and contain an internal seepage collcction,
control and discharge systcm capable of operating during pcriods of electrical
power loss. Thc internal sccpagc collcction, control and discharge system (e.g.
sump pump) must be capable of handling an allowable seepagc ratc for the entire
building up to four (4) inchcs of water depth during a 24-hour pcriod (103
gallons/hour/lOOO square fcct). In dcsigning the building to be substantially
impermeablc, the allowable sccpage calculation assumcs that the intcrnal seepagc
collection, control and discharge system is not in placc and functioning, so it
cannot be used in the calculations to offset thc lcakage to bclow four (4) inches
per 24 hours. For existing buildings whcre no internal seepagc collection, control
and discharge system was provided, thc maximum allowable scepage rate for the
entire building is one quartcr (1/4) inch of watcr dcpth during a 24-hour pcriod
(6.5 gallons/hour/lOOO squarc feeL) Flood resistant matcrials must be used in all
areas where such seepagc is likely to occur. Thc building's utilities and sanitary
facilitics, including heating, air conditioning, electrical, water supply, and sanitary
sewagc serviccs, must be locatcd above thc base 1100d elevation, plus any
required frccboard, complctcly cnclosed within the building's watcrtight walls or
made watertight and capablc of resisting damage during flood conditions.
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Dry flood proofing components for openings through the substantially
impermeable walls (e.g. doors, windows, etc.) must be installed within four (4)
hours after issuance of a flood warning or a hurricane warning by the National
Hurricane Center.
Wet floodproofing utilizes construction materials and techniques able to
withstand prolonged submcrgence without damage and rcadily allow floodwaters
to cnter the building up to onc foot above the base flood elevation, plus any
requircd freeboard elcvation.
Floodway means the channel of a rivcr, canal, or othcr watercourse and the adjaccnt land
areas that must bc reservcd in order to dischargc the base nood without cumulatively
increasing the water surface elevation morc than onc foot.
Floodway fringe means that area of the floodplain on either sidc of the regulatory
floodway where encroachment may be permitted without additional hydraulic and/or
hydrologic analysis,
Freeboard means thc additional height, usually cxpressed as a factor of safety in feet,
above a flood level for purposcs of floodplain managcmcnt. Freeboard tcnds to
compensate for many unknown factors, such as wave action, bridge openings and
hydrological cffect of urbanization of the watcrshed, which could contribute to flood
hcights greatcr than the hcight calculatcd for a selected frequcncy flood and floodway
conditions.
Functionally dependent use means a usc which cannot perform its intended purpose
unless it is located or carried out in close proximity to watcr, such as a docking or port
facility necessary for the loading and unloading of cargo or passcngers, shipbuilding or
ship repair. The term does not include long-tcrm storagc, manufacturc, sales, or service
facilitics.
Hardship as related to variances from this ordinance means the exceptional hardship
associated with the land that would rcsult from a failure to grant thc requested variance.
The community rcquires that the variancc be cxceptional, unusual, and peculiar to the
property involvcd. Mere cconomic or financial hardship alone is not cxceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferenccs, or the
disapproval of onc's neighbors likewise cannot, as a rule, qualify as an exccptional
hardship. All of these problcms can bc resolved through other mcans without granting a
variancc, even if the altcrnativc is more expcnsive, or rcquires the property owncr to
build elsewhere or put thc parcel to a different use than originally intendcd.
Highest adjacent grade mcans the highest natural elevation of the ground surface, prior
to the start of construction, next to the proposcd walls of a structurc.
Historic structure mcans any structurc that is:
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(I) Listed individually in thc National Rcgister of Historic Places (a listing maintained
by Department of Interior) or preliminarily determincd by the Secretary of the
Interior as mceting the requirements for individual listing on the National Rcgister;
(2) Certified or preliminarily determined by thc Secretary of thc Intcrior as contributing
to the historical significance of a registcred historic district or a district
preliminarily detcrmined by thc Secretary to quality as a registered historic district;
(3) Individually listed on a statc inventory of historic places in states with historic
prescrvation programs which have bcen approved by the Secretary of the Interior;
or
(4) Individually listed on a local inventory of historic placcs in communities with
historic preservation programs that have been certified either:
a. By an approved state program as determined by the Sccretary of the Interior;
or
b. Directly by the Secrctary of the Interior in statcs without approved programs.
Letter of Map Amendment (LOMA) means an amendment to the currently effective
FIRM that establishes that a property is not located in a Spccial Flood Hazard Area, A
LOMA is issued only by FEMA.
Letter of Map Revision (LOMR) means an official amendment to the currently
effective FIRM. It is issued by FEMA and changes flood zones, delincations, and/or
elevations.
Lowest adjacent grade means the lowest elevation, after the completion of construction,
of the ground, sidewalk, patio, deck support, or basemcnt entryway immediately next to
the structure.
Lowest floor means the lowest floor ofthc lowest cnclosed area (including basement),
An unfinished or flood resistant enclosure, usablc solcly for parking of vehicles, building
access, or storage, in an area other than a basement, is not considered a building's lowest
floor, provided that such enclosure is built so as to not render the structure 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 abovc the ground and
which contain one or more of the following spccics: black mangrove (Aviccnnia
germinans); red mangrovc (Rhizophora manglc); white mangrove (Languncularia
racemosa); and buttonwood (Conocarpus erecta).
Manufactured home means a structure, transportable in one or more sections, which is
built on a permanent chassis and is dcsigned 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 transportablc structures placed on a site for 180 consecutive
days or longer and intended to be improved property. "Manufactured home" does not
include "recrcational vehicles".
Manufactured home park or subdivision mcans a parcel (or contiguous parccls) of
land dividcd into two or more manufactured home lots for rcnt or salc. A manufactured
home park or subdivision includes the construction of facilities for servicing the lots on
which the manufactured (mobilc) homcs are to be affixcd including, at a minimum, the
installation of utilitics, the construction of streets, and either final sitc grading or the
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 valuc, which is the real propcrty value excluding the
land value and that of the detached accessory structures and other improvemcnts on site
(as agreed to between a willing buycr and sellcr) as established by what the local real
estate market will bear. Market valuc can bc established by an indcpendent certified
appraisal (othcr than a limited or curbside appraisal, or one based on incomc approach),
Actual Cash Value (replacement cost depreciated for agc and quality of construction of
building), or adjusted tax-asscssed values.
Mean sea level means the average height of thc sea for all stages of the tide. It is used
as a reference for establishing various elcvations within thc floodplain. For purposes of
this ordinancc, the term is synonymous with the North American Vcrtical Datum
(NA VD) of 1988. The National Geodetic Vertical Datum (NGVD) of 1929 may also bc
used provided that a conversion to NA VD is includcd and clearly idcntificd as to which
elevation relates to which datum.
National Flood Insurance Program (NFlP) mcans thc program of flood insurance
coveragc and floodplain management administercd under the National Flood Insurance
Act of 1968 (as amendcd) and applicablc Federal regulations promulgated in Title 44 of
the Code of Fcderal Regulations, Subchapter B.
National Geodetic Vertical Datum (NGVD) mcans National Geodetic Vertical Datum
of 1929 (formerly called Mcan Sea Level Datum of 1929), a vertical control used as a
rcference for establishing varying elevations within the floodplain in relation to mean sea
level.
New construction mcans, for floodplain managcment 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 County as previously stated in Ordinance 86-28). The tcrm
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 facilitics for servicing the lots on which the
manufactured homcs are to be affixcd (including at a minimum, the installation of
utilities, the construction of streets and either final sitc grading or the pouring of concrete
pads) is completed on or after September 14, 1979 (the etTcctivc date of the first FIRM
for Collier County as previously statcd in Ordinance 86-28).
Non-residential mcans small busincss concerns, churches, schools, farm buildings
(including grain bins and silos), pool houscs, clubhouses, recreational buildings,
mercantile structures, agricultural and industrial structures, warchouscs, hotcls 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 cvacuation centers in
accordance with the Collier County Hazard Mitigation Plan.
North American Vertical Datum (NA VD) of 1988 means a vcrtical control used as a
reference for establishing varying elevations within thc floodplain in relation to mean sea
Icvel.
Obstruction means any type of lower arca cnclosure or othcr construction elemcnt that
will obstruct the flow of velocity water and wave action bencath thc lowest horizontal
structural member of the lowest noor of an elevated building during a basc flood event.
This requirement applies to the structurcs in velocity zones (Zone VI - V30, VE, or V).
Person includes any individual or group of individuals, corporation, or any othcr
organized group of persons, including State and local govcrnments and agencics thereof.
Pre-FIRM construction means structures for which the "start of construction"
commenced before September 14,1979, the effcctive date of Collier County's first FIRM.
Program means the National Flood Insurance Program authorized by the National Flood
Insurance Act of 1968, as may be amendcd.
Program deficiency means a dcfcct in the community's floodplain management
regulations or administrative proccdures that impairs cffectivc implemcntation of those
floodplain management regulations or of the standards requircd by the National Flood
Insurance Program.
Public safety and nuisance means anything which is injurious to safety or hcalth of the
cntire community or a neighborhood, or any considerablc numbcr of persons, or
unlawfully obstructs the frcc passage or usc, in the customary manncr, of any navigable
lake, or river, bay, strcam, canal, or basin.
Recreational vehicle means a vehicle which is:
(I) built on a single chassis;
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(2) measures 400 square feet or less whcn measured at the largest horizontal projection;
(3) dcsigned to be self-propelled or permanently towable by a light duty truck; and
(4) designed primarily not for usc as a permancnt dwelling but as temporary living
quarters for rccreational, camping, travcl or seasonal use.
Professional land surveyor or professional surveyor and mapper means a surveyor
registered and/or licensed by thc Statc of Florida to engage in thc practicc of land
surveying in Florida or who is authorized by thc Statc of Florida to practice land
surveying in Florida under a reciprocal registration or liccnsing agrcement with another
Statc.
Registered professional architect means an architect registered and/or liccnsed by the
State of Florida to practice architecture in Florida or who is authorized by the State of
Florida to practice architecturc in Florida under a rcciprocal registration or liccnsing
agreement with another State.
Registered professional engineer means an engineer registercd and/or licensed by the
State of Florida to practice engineering in Florida or who is authorized by the State of
Florida to practicc cngineering in Florida under a reciprocal registration or licensing
agrcement with anothcr State.
Remedy a deficiency or violation means to bring the rcgulation, procedure, structure or
other development into compliance with State of Florida, Fedcral or local floodplain
management regulations; or if this is not possible, to reducc the impacts of
noncompliancc. Ways the impacts may be rcduced include protccting the structure or
other affected devclopment from flood damagcs, implcmenting the cnforccmcnt
provisions of this ordinancc or otherwisc dctcrring future similar violations, or reducing
Fedcral financial exposure with rcgard to the structure or other dcvelopment.
Riverine means relating to, formcd by, or resembling a river (including tributaries),
stream, brook, etc.
Riverine floodplain means the t100dplain area identificd by an analysis of thc base flood
from rainfall.
Sand dune means naturally occurring accumulations of sand in ridges or mounds
landward of the bcach.
Shallow flooding means the same as arca of shallow flooding.
Special flood hazard area mcans the same as area of special flood hazard.
Start of construction [for othcr than new construction or substantial improvcments
under the Coastal Barrier Rcsources Act (P.L. 97-348)], includcs substantial
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improvement, and means the date the building permit was issued, providcd the actual
start of construction, repair, reconstruction, rehabilitation, addition or improvcment was
within 180 days of the permit datc. Thc actual start means thc first placcment of
pcrmanent construction of a building (including a manufacturcd home) on a sitc, 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 manufacturcd home on a
foundation. Permanent construction does not includc land preparation, such as clearing,
grading and filling; nor does it includc excavation for a basemcnt, footings, piers or
foundations or the crection of temporary forms; nor does it includc the installation of
streets and/or walkways; nor does it includc excavation for a basemcnt, footings, piers or
foundations or the erection oftcmporary forms; nor docs it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure.
For a substantial improvcment, the actual start of construction mcans the first alteration
of any wall, ceiling, t1oor, or other structural part of a building, whcthcr or not that
alteration affects the external dimensions of thc building.
State means the several statcs, the District of Columbia, thc tcrritories and possessions,
the Commonwealth of Puerto Rico, and the Trust Tcrritory of thc Pacific Islands.
Structure means;
(I) for floodplain management purposes, a wallcd and roofed building, including a gas
or liquid storage tank that is principally above ground, as wcll as a manufactured
home.
(2) for flood insurance purposes, means:
(a) A building with two or more outside rigid walls and a fully secured roof, that
is affixed to a pcrmanent site;
(b) A manufactured home (also known as a mobilc home), built on a permanent
chassis, transportcd to its sitc in one or morc sections, and affixcd to a
pcrmanent foundation; or
(c) A travel trailcr without whecls, built on a chassis and affixed to a permanent
foundation, which is rcgulatcd under thc community's floodplain management
and building ordinanccs or laws.
For the latter purpose, "structurc" does not mean a recrcational vehicle or a park
trailcr or other similar vchicle, except as describcd in sub-paragraph (2)(c) of this
definition, or a gas or liquid storage tank.
Substantial damage means damage of any origin sustaincd by a structurc whereby the
cost of restoring the structure to its bcfore damaged condition would equal or excced 49
percent of the market value ofthc structurc before the damage occurrcd.
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Substantial improvement means any reconstruction, rchabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 49 pcrcent of the markct
value of thc structure before the "start of construction" of the improvement. This term
includes structures which havc incurred "substantial damage", regardless of the actual
repair work performed. The term docs not, howcvcr, include cithcr:
(I) Any project for improvemcnt of a structurc to corrcct existing violations of state or
local health, sanitary, or safety codc spccifications which havc been identified by
the local code enforcemcnt official and which are the minimum ncccssary to assure
safe living conditions; or
(2) Any alteration of a "historic structurc", provided that the altcration will not preclude
the structure's continued dcsignation as a "historic structure".
Substantially improved existing manufactured home parks or subdivisions is whcre
the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads
equals or exceeds 49 pcrccnt of thc value of the strects, utilities and pads bcfore the
repair, reconstruction or improvement commcnced.
Variance means a grant of rclicf from the requircments of this ordinance which permits
construction in a manner that would otherwise bc prohibited by this ordinance,
Violation means the failure of a structure or othcr development to be fully compliant
with Collicr County's flood plain management rcgulations. A structurc or other
development without the elevation certificate, other certilications, or other evidcncc of
compliance required in this ordinance is presumed to bc in violation until such time as thc
documentation is provided.
V -zone means any type of Special Flood Hazard Area f100d zone designation that begins
with the lettcr "V". V -Zones are velocity zones where velocity flow and wave height of
three feet (3') or greatcr is anticipatcd to occur during a base flood event. It is not
intended to refer to only the specific designation of Zonc V that does not havc an
cstablished base flood clcvation.
Watercourse means a lake, river, creek, stream, canal, wash, channel or other
topographic feature within, on, or over which watcrs flow at least periodically.
Watercourse includes specifically designated areas in which substantial flood damage
may occur.
Water surface elevation means the hcight, in relation to the North American Vertical
Datum (NA VD) of 1988 or the National Geodctic Vertical Datum (NGVD) of 1929 of
floods of various magnitudes and frcquencies 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 Collier County, including areas
of special flood hazard, within the jurisdiction of the Board of County Commissioners of
Collier County, Florida.
SECTION 7: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard as identified by the Federal Emergency Management
Agcncy in the "Flood Insurance Study for Collier County, Florida, and Incorporated
Areas," dated November 17, 2005, with accompanying Flood Insurance Rate Maps, dated
November 17,2005, and any subsequent rcvisions thereto, arc adoptcd by refcrence and
declared to be a part of this Ordinancc. Thc Flood Insurance Study and accompanying
FIRM shall be on file and bc open for public inspection at the Collicr County Community
Development and Environmcntal Services Division, 2800 North Horscshoe Drive,
Naples, FL 34104, or other location as detcrmincd by the County Manager.
SECTION 8: DESIGNATION OF FLOODPLAIN ADMINISTRATOR
(I) The County Manager or his designce(s) is appointed to administer and implement
the provisions of this ordinance. The Administrator ofthc Community
Development and Environmcntal Services Division, or succcssor, is the designated
position to serve, and is herein rcfcrred to, as thc Floodplain Administrator.
(2) Duties of the Floodplain Administrator shall include, but are not limitcd to:
(a) Review permits to assure sites are rcasonably safc from flooding;
(b) Revicw all development permits to assure that the pcrmit requirements of this
ordinance have been satisfied;
(c) Advise permittee that additional Federal, Statc of Florida, or local pcrmits
may bc required, and if such additional permits are nccessary, cspecially as it
relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065,
and 553, Part IV, Florida Statutcs, requirc that copies of such pcrmits be
provided and maintaincd on file with the dcvelopment permit;
(d) Rcquire the pcrmittee to notify adjacent communities, the Florida Department
of Community Affairs, Florida Division of Emergency Management, thc
South Florida Water Management District, thc Federal Emergency
Management Agency and othcr Federal and/or State of Florida agencies with
statutory or regulatory authority prior to any capacity alteration or relocation
of a watercoursc;
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(e) Assure that maintenancc is provided within the altered or relocated portion of
said watercourse so that thc t1ood-carrying capacity is maintained;
(f) Verify and record the actual elevation (in relation to mean sca level) of the
lowest floor (Zoncs A, AI-A30, AE, AH, or AO) or bottom of the lowest
horizontal structural member of the lowest floor (Zones V, VI-V30, or VEl of
all new or substantially improved buildings, in accordancc with Section 17(1)
and (2), Scction 18(2). Scction 19(1) and (2) and Section 20(2) of this
ordinancc, respectivcly;
(g) Verify and record the actual elevation (in relation to mean sea levcl) to which
the new or substantially improved non-residential buildings have been
floodproofed, in accordancc with Section 17(2), Section 18(2), and Scction
19(2) of this ordinance;
(h) Review certified plans and specifications for compliance;
(i) Interpret thc exact location of boundaries of thc arcas of special flood hazard,
When there appears to bc a conflict between a mapped boundary and actual
field conditions, the Floodplain Administrator shall make the necessary
interpretation. The pcrson contcsting the location of the boundary shall bc
given a reasonable opportunity to appcal the interprctation as provided in this
ordinance;
(j) Whcn base flood elevation data or floodway data have not been provided in
accordance with Section 7 of this ordinance, the Floodplain Administrator
shall obtain, rcview and rcasonably utilize any base flood clcvation and
floodway data available from a Fcderal, Statc of Florida, or any other reliable
and properly documented source, in order to administer the provisions of
Section 16 through 26 of this ordinance (and including all other sections of
this ordinancc);
(k) Coordinate all change requests to the FIS and FIRM with thc requester, the
State of Florida, and FEMA, and
(I) Where base flood elevation is utilized, obtain and maintain records of lowest
floor and t1oodproofing elcvations for new construction and substantial
improvements in accordance with Section 17(1) and (2) of this ordinancc,
respectivcly, and make provisions for the records to be open for public
inspection.
SECTION 9: DEVELOPMENT PERMIT REQUIRED
A development permit shall be required in conformance with the provisions of this
ordinance prior to the commencement of any devclopment activities.
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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 II: ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal. abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION 12: INTERPRETATION
In the interpretation and application of this ordinance all provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor ofthe governing body, and
(3) deemed neither to limit nor repeal any other powers granted under State of Florida
statutes.
SECTION 13: WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This ordinance shall not create liability on the part ofthe Board of
County Commissioners of Collier County, Florida or by any ot1icer or employee thereof
for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
SECTION 14: PENALTIES 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 of the provisions of this ordinance, such
person, firm, corporation or other entity, upon conviction of such ommse, shall be guilty
of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars
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($500.00) or by imprisonment not to exceed Sixty (60) days in the County 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-compliance shall be
considered as a separate offense.
Nothing herein contained shall prcvcnt or restrict the County from 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 injunctivc relief or an action at law for damages.
Nothing in this section shall be construed to prohibit the County from prosecuting any
violation of this article by means of a Code Enforcement Board or 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 County shall be authorized to pursue any
and all remedies set forth in this Section to the full extent allowed by law.
SECTION IS: APPLICATION PROCEDURE FOR PERMIT
Application for a Development Pcrmit shall be made to thc Floodplain Administrator on
forms furnished by him or her prior to any development activities, and may include, but
not be limited to, the construction plans drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures,
earthen fill, storage of materials or equipment, drainage facilities, and the location ofthe
foregoing. Specifically, the following information is required:
(1) Application Stage:
(a) Elevation in relation to the North American Vertical Datum (NA VD) of the
proposed lowest floor (including basement) of all buildings;
(b) Elevation in relation to the North American Vertical Datum (NA VD) to which
any non-residential building will be f1ood-proofed;
(c) Certification from a registered professional engineer or registered professional
architect that the non-residential flood-proofed building will meet the f1ood-
proofing criteria in Section 16 through Section 19;
(d) Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development; and
(e) Elevation in relation to the North American Vertical Datum (NA VD) of the
bottom of the lowest horizontal structural member of the lowest f100r and
provide a properly signed and sealed certification from a registered
professional engineer or registered professional architect indicating that they
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have developed and/or reviewed the structural designs, specifications and
plans of the construction and all of these items are in accordance with
accepted standards of practice in Coastal High Hazard Areas.
(f) Location and NA VD elevation of a temporary bench mark on site, which has
been established by a professional land surveyor or professional surveyor and
mapper, that will remain until the final Certificate of Occupancy has been
issued.
(2) Construction Stage:
(a) Upon placement of the lowest floor, or floodproofing by whatever
construction means, or bottom of the lowest horizontal structural member it
shall be the duty of the permit holdcr to submit. within tcn (10) calendar days,
to the Floodplain Administrator a certification of the NA VD elevation of the
lowest floor or f1oodproofed elevation. or bottom of the lowest horizontal
structural member as built, in relation to mean seal level. Said certification
shall be prepared by, or under the direct supervision of, a professional land
surveyor or professional surveyor and mapper and certified by same.
(b) When floodproofing is utilized for a particular building, said certification of
the installation of the t1oodproofing shall be prepared by, or under the direct
supervision of, a registered professional engineer or registered professional
architect and certified by samc.
(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 Floodplain Administrator shall review the lowest t100r and
floodproofing elevation survey data submitted for conformance. The permit
holder immediately, and prior to further progressive work being permitted to
proceed, shall correct deficicncies and/or violations detected by such review.
Failure to submit the surveyor failure to make said corrections required
hereby, shall be causc to issue a stop-work order for the project.
(d) Prior to the issuance of a Final Certificate of Occupancy, the applicant shall
furnish the Floodplain Administrator with the following:
(i) A signed and scaled certification by a professional land surveyor or
professional surveyor and mapper that the finished structure meets the
minimum base flood elcvation (plus any freeboard as may be required
by this ordinance) indicated on the effective Flood Insurance Rate Map
(FIRM) or Flood Insurance 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, piers, columns, pilings, breakaway walls,
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equalization vents, and rcquired floodproofing are in compliance with
this ordinance.
SECTION 16: GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
In all areas of unincorporated Collier County, including areas of special flood hazard, all
development sites including new construction and substantial improvements shall be
reasonably safe from t1ooding, and meet the following provisions:
(1) New construction and substantial improvements shall be designed or modified and
adequately anchored to prevent t1otation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
(2) Manufactured homes shall be anchored to prevent t1otation, collapse, or lateral
movement pursuant to the Florida Building Code. Mobile homes shall be anchored
in accordance with the manufacturer's installation instructions to prevent notation,
collapse, or lateral movcment as tested, listed and approvcd by the Florida
Department of Highway Safety and Motor Vehicles, Bureau of Mobile Home and
Recreational Vehicle Construction. Methods of anchoring may include, but are not
limited to, use 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 t100d damage. See the applicable FEMA
Technical Bulletin or Bulletins for guidance;
(4) New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage. See the applicable FEMA Technical
Bulletin or Bulletins for approved 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
prevent water from entering or accumulating within the components or causing
damage to the components during conditions of t1ooding;
(6) New and replacement water supply systems shall be designed to mmlmlze or
eliminate infiltration of t100d waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of t100d waters into the systems and discharges tfom the
systems into t100d waters;
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(8) On-site waste disposal systems (including septic tanks) shall be located and
constructed to avoid impairment to them or contamination from them during
t1ooding;
(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 t1ooding, or other identified t100d 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 enclosurc shall be located on the
outside of an exterior wall with an unobstructed and ready access from an open
exterior stairway. When it is necessary to use a stairway 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 metcr shall be placed in a position that will not obstruct
stairway trat1ic. On multi-unit buildings, meters and meter enclosures will be
allowed within the building providcd they are no lower than one foot above the base
t100d elevation, depth of flooding, or other identified t100d level indicator, and
located in meter rooms;
(10) Any alteration, repair, reconstruction or improvements to a building that is in
compliance with the provisions of this ordinance shall meet the requirements of
"new construction" as contained in this ordinance;
(11) 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 replaced;
(12) All applicable additional Federal, State of Florida, and local permits shall be
obtained and submitted to the Floodplain Administrator. Copies of such permits
shall be maintained on file with the development 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 Florida Statutes, Scction (2)(a) - Flood Protection and Floodplain
Management.
(b) Department of Community AfTairs: in accordance with Chapter 380.05 F.S.
Areas of Critical State Concern, and Chapter 553, Part IV F.S., Florida
Building Code.
(c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite
Sewage Treatment and Disposal Systems.
(d) Department of Environmental Protection, Coastal Construction Control Line:
in accordance with Chapter 161.053 F.S. Coastal Construction 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 t100d
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 t100d 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 achieved by the placement of the building
on properly designed and compacted fill (ASTM D-698 or equivalent) that
extends beyond the building walls before dropping below the base t100d
elevation and has appropriate protection from erosion and scour. The total
volume of fill placement within the riverine t100dplain (except for the
minimum amount required to construct a septic tank, drainfield, and single
lane driveway, if applicable) must be compensated by the establishment of an
equivalent amount of available t100dwater storage (between the wet season
water table and the base flood elevation) within the same riverine t100dplain
drainage basin and within reasonable proximity as determined by the
Floodplain Administrator.
(b) Elevation within A Zones may be achieved by use of stemwall construction
with the interior portion of the stemwall being backfilled with a properly
designed and compacted fill (ASTM D-698 or equivalent in compliance with
the Collier County Building Code ordinance). Additional fill for aesthetic or
landscaping purposes may be placed outside of the stem wall with appropriate
protection from erosion and scour. The total volume of stemwall and fill
placement within the riverine t100dplain (except for the minimum amount
required to construct a septic tank, drainfield, and single lane driveway, if
applicable) must be compensated by the establishment of an equivalent
amount of available t100dwater storage (between the wet season water table
and the base t100d elevation) within the same riverine t100dplain drainage
basin and within reasonable proximity as determined by the Floodplain
Administrator.
(c) Elevation within A Zones may be achicved 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 sut1icient
to facilitate automatic equalization of t100d hydrostatic forces on both sides of
the exterior walls shall be provided in accordance with standards of Section
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17(3). Fill for aesthetic or landscaping purposes adjacent to the building may
be placed on the property with appropriate protection from erosion and scour.
The total volume of fill placement within the riverine t100dplain (except for
the minimum amount required to construct a septic tank, drainfield, and single
lane driveway, if applicable) must be compensated by the establishment of an
equivalent amount of available f100dwater storage (between the wet season
water table and the base Ilood elcvation) within thc same riverine f100dplain
drainage basin and within rcasonable proximity as determined by the
Floodplain Administrator.
(d) Elevation within V Zones may be achieved by use of foundation walls, shear
walls, posts, piers, columns. or pilings so that no obstruction to the passage of
waves and high velocity water is created. Elevation within V Zones must be
achieved in accordancc with Section 20 ofthis ordinance.
(15) A minimum of one foot (I ') of freeboard is requircd for thc lowest t100r or lowest
horizontal structural member of the lowest t1oor, electrical, heating, ventilation,
plumbing, air conditioning equipment and other service facilities, including duct
work. The freeboard rcquiremcnt is generally included in subsequent subscctions
of this ordinance, but is an overall requirement whether or not specifically
mentioned elsewhere. Freeboard is added to the base t100d elevation, identified
t100ding depth, estimated nood elevation (for Zone A), and South Florida Water
Management District 100-ycar/zero discharge elevation, whichever is applicable.
(16) Development utilizing a designed stormwater management system to contain the
runoff and discharge through a control structurc shall be designed to meet or exceed
the minimum water quantity and quality requirements establishcd by the South
Florida Water Management District, or the Collier County Land Development
Code, whichever is applicable and morc restrictive.
(17) Adequate drainage facilities around structures shall be provided on slopes to guide
water away from structures. No significant stormwater drainage is permitted to
now from the subjcct premises onto abutting properties or into adjoining waters that
are not County-approved drainage systems.
(18) Residential Construction - Ncw construction or substantial improvement of any
residential structure shall have the lowest t1oor, elevated to or above the base t100d
elevation, plus any required frccboard.
(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 t100d level plus any required freeboard or (ii) together
with the attendant utility and sanitary facilities, be designed so that below the base
t100d level, plus one (1) foot plus any required freeboard, the structurc is essentially
waterproofed with walls substantially impermeable to the passage of water and with
structural components having thc capability of resisting hydrostatic and
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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 Collier County Building Codc or other applicablc Collier County ordinances
must be located at least one (I) foot above the base flood elevation level, and all
fuel tanks for said generators must be waterproofed and vented at least one (I) foot
above the base t100d elevation level.
SECTION 17: SPECIFIC STANDARDS FOR A-ZONES WITH BASE FLOOD
ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODWAYS.
In all A-Zones where base t100d elevation data has been provided (Zones AE, AI-30,
and AH), as set forth in Section 7 the following provisions shall apply:
(1) Residential Construction
All new construction or substantial improvement of any residential building
(including manufactured home) shall have the lowest floor, 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 one foot above the base flood elevation. Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to facilitate
automatic equalization of t100d hydrostatic forces on both sides of the cxterior walls
shall be provided in accordance with standards 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 t100d hydrostatic forces on thc 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 commcrcial, industrial, or
non-residential building (including manufactured home) shall havc the lowest floor,
including basement, electrical. heating. ventilation, plumbing, air conditioning
equipment and other servicc facilitics, including duct work, and air conditioned
space elevated to no lower than one foot above the base f100d clevation. Should
solid foundation perimeter walls be used to elevate a structure. openings sutTicient
to facilitatc automatic equalization of Ilood hydrostatic forces on both sides of the
exterior walls shall be provided in accordance with standards of Section 17(3).
Where stem wall construction is utilized and the interior area of the stem wall is
fillcd with compacted fill able to resist flood hydrostatic forces on the cxterior of
the stem wall, openings to allow automatic equalization of flood hydrostatic forces
are not required.
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If sut1icient information is provided to the Floodplain Administrator to clearly
demonstrate the unique site limitations that pose a hardship in meeting 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
t1oodproofed.
Additionally, for certain "open" non-residential buildings (e.g. car wash) where
there is not a total enclosure of thc building area, wct flood proofing is allowable
provided that the wet t1oodproofing extcnds to no lower than one foot above the
base flood elevation, plus any required frccboard.
A registered professional engineer or registered professional architect shall certify
that the standards of this subsection are satisfied using the FEMA Floodproofing
Certificate. Such certification 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 improvements of elevated buildings that include
fully enclosed areas formed by foundation and other exterior walls below the lowest
noor elevation shall be designed to preclude finished living and/or air conditioned
space and designed to allow for the entry and exit of floodwaters to automatically
equalize hydrostatic tlood forces on cxterior walls.
(a) Designs for complying with this requirement must be certified by a registered
professional engineer or registcred professional architect and meet the
following minimum 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 square
inch for every square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than one foot above
foundation adjacent exterior grade; and
(iii) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided they provide the required net arca of the
openings and permit the automatic flow of t100dwaters in both
directions.
(b) Fully enclosed areas below the lowest floor shall solely bc used for parking of
vehicles. storage, and building access and constructed of materials able to
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withstand submergcnce, without damage, for prolonged periods of time.
Access to the enclosed area shall bc the minimum necessary to allow for
parking of vehicles (garage door), limited storage of maintenance equipment
used in connection with the premises (standard exterior door), or entry to the
living area (stairway or elevator); and
(c) The interior portion of such enclosed area shall not be finished, partitioned
into separate rooms or air conditioned. Any electrical, hcating, ventilation,
plumbing, air conditioning equipment and other service facilities, including
duct work, shall be located no lower than one foot above the base t100d
elevation unless dcsigned to withstand fully submerged conditions for
prolonged periods of time or cncloscd in waterproof housings designed for
fully submerged conditions at a depth equal or greater than the hydrostatic and
hydrodynamic load created by t1ooding.
(4) Manufactured Homes and Recreational Vehiclcs
(a) All manufactured homes that are placed, or substantially improved, within
Zones Al-30, AH, and AE, on sites:
(i) outside of an existing manufactured home park or subdivision,
(ii) in a new 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 home has incurred "substantial damage" as the result of
a flood,
shall be elevated on and securcly anchored to a permanent foundation system
so that the lowest t100r and all air conditioned space, elcctrical, heating,
ventilation, plumbing, air conditioning equipment and other service facilities,
including duct work, are no lower than one foot above the base t100d
elevation. The permancnt foundation system must be able to withstand
t1otation, collapse, and lateral movement.
(b) All manufactured homes to bc placed or substantially improved in an existing
manufactured home park or subdivision within Zoncs Al-30, AH, and AE,
that are not subject to the provisions of Section 17(4)(a), must be elevated so
that:
(i) The lowest t100r and all air conditioned space, electrical, heating,
ventilation, plumbing, air conditioning equipment and other service
facilities, including duct work, of the manufactured home is elevated to
no lower than one foot above the base t100d elevation, and
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(ii) The manufactured home chassis is supported by reinforced piers, or
other foundation elements of at least an equivalent strength, that are no
less than 36 inches in height above the grade and securely anchored to
an adequate foundation system to withstand llotation, collapse, and
lateral movement.
(c) All recreational vehicles placed on sites within Zones AI-30. AH, and AE
must either:
(i) Be on the site for fewer than 180 consecutive days and,
(ii) Be fully licensed and ready for highway use (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 security devices
and has no permanently attached additions), with a plan for removal in
case of a t100ding thrcat, or
(iii) If not able to comply with items (i) and (ii), meet all the requirements for
new construction, including anchoring and elevation requirements in
accordance with Section l7(4)(a) and (4)(b) of this ordinance.
(5) Site Drainage
Adequate drainage facilities around structures shall be provided on slopes to guide
water away from structures. No significant stormwater drainage is permitted to
t10w from the subject premises onto abutting properties or into adjoining waters that
are not County-approved drainage systems.
(6) Watercourses with Established Base Flood Elevations, but Without Identified
Regulatory Floodways
Located within the areas of special nood hazard established in Section 7 where
watercourses exist for which base t100d elevation data has been provided by the
Federal Emergency Management Agency without the delineation of the regulatory
t100dway (Zones AE and AI-30), the following additional provisions shall also
apply.
(a) Until a regulatory noodway is designated, no new construction, substantial
improvements, or other development, including fill, shall be permitted within
the areas of special t100d hazard, unless it is demonstrated that the cumulative
effect of the proposed dcvelopment, when combined with all other existing
and anticipated development, will not increase the water surface elevation of
the base t100d more than one foot at any point within the community.
(b) Development activities which increase the water surface elevation of the base
t100d by more than one foot may be allowed, provided that the developer or
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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 t100d hazard established in Section 7 may be areas
designated as t1oodways. Since a noodway is vital for the passage of the major
percentage of t100d waters and is an extremely hazardous area due to the velocity of
nood waters which carry debris, potential projectiles and have significant erosion
potential, the following additional provisions shall also apply for development
within a t1oodway:
(a) Prohibit encroachments, including fill, new construction, substantial
improvements and other devclopments, within the regulatory floodway 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 result in any increase in tlood levels
during occurrence of the base t100d discharge.
(b) Prohibit the placement of manufactured homes (mobile homes), except in
existing manufactured home (mobile home) parks or subdivisions. A
manufactured home may be placed on a lot in an existing manufactured home
park or subdivision provided the anchoring 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 acllvllies, including new construction and substantial
improvements, that increase the water surface elevation of the base flood may
be allowed, provided that the developer or applicant first applies - with the
County's endorsement - for a conditional FIRM revision, and receives the
approval of FEMA.
(d) When fill is proposed, in accordance with the septic/drainfield permit issued
by the Florida Department of Health, within the regulatory tloodway, the
development permit shall not be issued unless certification (with supporting
technical data) by a registered professional engineer is provided through
hydraulic and hydrologic analyses performed in accordancc with standard
engineering practice demonstrating that the proposed encroachments would
not increase the water surface elevation of the base t100d in accordance with
Section 17(7)(a) or (7)(c).
(8) Structures Located Seaward of the Coastal Construction Control Line
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For all structures located seaward of the Coastal Construction Control Line
(CCCL), the lowest Iloor, electrical, heating, ventilation, plumbing, air conditioning
equipment and other service facilities, including duct work. of all new construction
and substantial improvcments shall be clcvatcd to thc regulatory flood elevation
established by the Florida Department of Environmental Protection or at least one
(1) foot above the base flood elevation established by FEMA in accordance with
Section 7, whichever is higher. All non-clevation dcsign rcquirements of Section
20 shall apply.
SECTION 18: SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE
FLOOD ELEVATIONS AND REGULATORY FLOODW A YS.
Located within the areas of special flood hazard established in Section 7, may be A Zones
for which no base nood elevation data and regulatory t100dways have been provided or
designated by the Federal Emergency Management Agency, and the following provisions
apply:
(1) Require standards of Section 17.
(2) The Floodplain Administrator shall obtain, review, and reasonably utilize the base
flood elevation and t100dway data available from a Federal, State of Florida, or
any other reliable and properly documented sourcc, in ordcr to administer the
provisions of this ordinance. Whcn such data is utilized, provisions of Section 17
shall apply. The Floodplain Administrator shall:
(a) Obtain the NA VD elevation (in relation to thc mean sea level) of the lowest
t100r and all air conditioned space, including the basement, electrical, heating,
ventilation, plumbing, air conditioning equipment and other service facilities,
including duct work, of all new and substantially improved structures,
(b) Obtain, if the structure has been t1oodproofed in accordance with the
requirements of Section 17(2), the NA VD elevation in relation to the mean
sea level to which the structure has been t1oodproofed, 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 Afl'airs, NFIP Coordinating
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 t100d carrying capacity within the altered or relocated portion of
any watercourse is maintained.
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(5) Manufactured homes shall be 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 lowcst t100r and all air conditioned spacc, electrical,
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 t1otation, collapse. and lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or lrame ties to ground anchors.
This requirement is in addition to applicable State of Florida and local anchoring
requirements for resisting wind forces.
(6) When the data is not available from any source as in Section 18(2), the lowest
t100r and all air conditioncd space, including basement, electrical, heating,
ventilation, plumbing, air conditioning equipment and other service facilities,
including duct work, of the structure shall be elevated to no lower than four (4)
feet above the highest adjacent gradc unless on-site or nearby seasonal water level
indicators establish that the high wet season watcr elcvations are higher than the
highest adjacent grade. In that situation, the structure's elevation requirements
shall be measured from the high wet season water elevation.
(7) Require that all new subdivision proposals and other proposed dcvelopments
(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 data.
SECTION 19: SPECIFIC STANDARDS FOR AO-ZONES
Located within thc areas of special t100d hazard cstablished in Section 7 may be areas
designated as shallow flooding areas. These areas have t100d hazards associated with
base flood depths of one to three feet, whcrc a clearly defined channel does not exist and
the path of t100ding is unpredictable and indeterminate; thcrefore. the following
provisions apply:
(I) All new construction and substantial improvements of rcsidential structures in all
AO Zones shall have the lowest t100r 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 Ratc Map.
If no flood depth number is specified, the lowest noor and all air conditioned space,
including basement, electrical, heating, ventilation, plumbing, air conditioning
equipment and other service facilities, including duct work, shall be elevated to no
less than four (4) feet above the highest adjacent grade, or one foot above the t100d
elevation data available from a Federal, State of Florida, or any other reliable and
properly documented source, whichever is higher.
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(2) All new construction and substantial improvements of non-residential structures in
all AO Zones shall:
(a) Have the lowest t100r 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 flood depth number is specified, the lowest floor, including basement,
electrical, heating, ventilation, plumbing, air conditioning equipment and
other service facilities, including duct work, shall be elevated to no less than
four (4) feet above the highest adjacent grade, or one foot above the t100d
elevation data available from a Federal, State of Florida, 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 equipment and other service facilities,
including duct work, be completely floodproofcd to the elevation specified in
Section 19(2)(a), plus any requircd freeboard, utilizing the t1oodproofing
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 t10w from the subject premises onto abutting properties or into
adjoining waters that are not County-approved drainage systems.
SECTION 20: SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD
AREAS (V-ZONES).
Located within areas of special t100d hazard established in Section 7 are Coastal High
Hazard Areas, designated as Zones VI-30, VE, or V (with BFE). These areas have
special flood hazards 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-zones):
(1) Meet the Requirements of Section 15, Section 16, Section 17 (except 17(7)),
Section 18 and Section 19.
(2) All new construction and substantial improvements in Zones Vl-V30, VE, and V
(with BFE) shall be elcvatcd on shear walls, posts, piers, pilings or columns so that:
(a) The bottom of thc lowest horizontal structural member of the lowest t100r and
all air conditioned space (excluding the shear walls, posts, piers, pilings or
columns) electrical, heating, vcntilation, plumbing, air conditioning
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equipment and other service facilities, including duct work is elcvated to no
lower than one foot above the base flood clevation whether or not the
structure contains a basement; and
(b) The shear wall, post, pier, pile or column foundation and structure attached
thereto is anchored to resist llotation. 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 t1ood. Wind loading values will be those required by
applicable State of Florida or local, if more stringent than those of the State of
Florida, building standards. Utility scrvice risers shall be located and
designed for protection against wind, water. waves and debris impacts
anticipated with the base flood.
(3) A registered professional enginecr or registered professional architect shall develop
or review the structural design, specifications and plans for the construction, and
shall certify that the design and methods of construction to be used are in
accordance with accepted standards of practice for mecting the provisions of this
Section.
(4) Obtain the NA VD elevation (in rclation to mean sea level) of thc bottom of the
lowcst horizontal structural member of the lowest t100r (excluding shear walls,
posts, piers, pilings and columns) of all new and substantially improved structures.
The Floodplain Administrator shall maintain a record of all such information.
(5) All new construction and substantial improvements shall be locatcd landward of the
reach of mean high tide.
(6) Provide that all new construction and substantial improvements have the space
below the lowest t100r either tree of obstruction or constructed with non-supporting
breakaway walls, open wood latticc-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the clevatcd portion of the building or supporting foundation
system. For the purpose of this section, a breakaway wall shall have a design safe
loading resistance of not lcss than (ten) 10 and no more than (twcnty) 20 pounds per
square foot. Use of breakaway walls which exceed a design safe loading resistance
of 20 pounds per square [(JOt (eithcr by design or when so rcquircd by local codes)
may be permitted only if a registered professional engincer or registered
professional architect certi ties that the designs proposed meet the following
conditions:
(a) Breakaway wall collapse shall result from water load less than that which
would occur during the base t1ood; and
(b) The elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural damage due to the
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effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). The water loading shall be those
values associated with one foot above the basc t1ood. 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 useable solely for parking of vehicles, building access,
or storage and shall not be finished, partitioned into multiple rooms, or temperature-
controlled (air conditioned).
(7) Prohibit the use of fill for structural support. No development permit shall be
issued for development involving fill in coastal high hazard areas unless it has been
demonstrated through appropriate engineering analyses that the subject fill does not
cause any adverse impacts to the structure on site or adjacent structures. Placement
of fill that could result in an increase in the base flood clevation or cause adverse
impacts by wave ramping and deflection may be permitted, provided that the permit
applicant first applies for and receives a conditional FIRM revision, fulfilling the
requirements for such revisions as established by FEMA.
(8) All swimming pools within the Coastal High Hazard Area, as defined by this
ordinance, shall be anchored to a shear wall, post, pier. pile or column foundation to
resist t1otation, collapse and lateral movement due to the effects of wind and water
loads acting simultaneously on the pool. An exception to this is for above ground
pools for the private use of a one or two family dwelling that is constructcd with a
vinyl liner as the main component.
(9) Prohibit man-made alteration of sand dunes and mangrove stands that would
increase potential flood damage.
(10) Standards for Manufactured Homes
(a) No manufactured home shall be placed in the Coastal High Hazard Area
except in an existing manufactured home park or existing manufactured home
subdivision.
(b) All manufactured homes to be placed or substantially improved on sites in the
Coastal High Hazard Area:
(i) In an expansion to an existing manufactured home park or subdivision,
or,
(ii) In an eXlstmg manufactured home park or subdivision in which a
manufactured home has incurred "substantial damage" as the result of a
t1ood, must meet the standards or Section 20(2) though (8),
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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, Vl-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 the 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 f100ding threat; or
(c) Meet the requirements of Section 20(2) through (8).
(12) For all structures located seaward of the Coastal Construction Control Line
(CCCL), the bottom of the lowest horizontal structural member of the lowest t100r
of all new construction and substantial improvements shall be elevated to the t100d
elevation established by the Florida Department of Environmental Protection or at
least one foot above the base 1100d elevation, whichever is the higher. All non-
elevation design requirements of Section 20(2) through (11) shall apply.
(13) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, in a coastal high hazard area, the development permit shall
be issued only upon demonstration by appropriate engineering analyses that the
proposed fill will not be subject to damage and erosion by the base t1ood, nor
increase the water surface elevation of the base t1ood, nor cause any adverse
impacts to adjacent properties by wave ramping and deflection.
SECTION 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 be 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
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State of Florida or local health, sanitary, or safety code specifications, which have
been identified by the local code enforcement official prior to the application for
permit for improvement, and which are the minimum necessary to assurc safe living
conditions.
(3) The sum total of both the (five) 5-ycar 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 improvement threshold
for compliance with the National Flood Insurance Program
(4) Any addition to a structure must be protected from damage from the base t100d plus
at least one foot.
SECTION 22: SPECIFIC STANDARDS FOR SUBDIVISION PLATS
(1) All subdivision plats shall be consistent with the need to minimize flood damage.
(2) All subdivision plats shall have public utilitics and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize t100d damage.
(3) All subdivision plats shall have adequate drainage provided to reduce exposure to
t1 ood hazard s.
(4) Base t100d elevation data and all areas of special t100d hazard (nood zones
beginning with "A" or "V") shall be shown on the Master Subdivision Plan.
(5) All final plats presented for approval shall clearly indicate areas of special t100d
hazard, the finished elevation of the roads, the average finished elevation of the lots
or home site, and the minimum base flood elevation as required in this Ordinance.
All elevations shall be based upon the North American Vertical Datum (NA VD).
SECTION 23: SPECIFIC STANDARDS FOR CRITICAL FACILITIES
(1) Certain public and privately owned facilities arc considered as critical facilities
when considering the health, safety, and welfare of the citizens and residents of
Collier County, Florida. Critical facilities rcquire t100d protection to a greater
extent than most properties to rcducc damage to these vital facilities, reduce
pollution of t100d waters by potentially 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
. Government agency vehicle and cquipment storage facilities
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. Collier County Emergency Operations Center
. Emergency evacuation centers
. Water treatment plants, pump stations, and wells
. Wastewater treatmcnt plants and pump stations
. Electric power substations
. Telephone communication centers/switching stations
. Hospitals
. Extremely hazardous substances facilitics
(2) New, substantially improved, reconstructed, and substantially damaged/repaired
critical facilities are required to be protected from t100ding up to the 0.02 annual
percent chance (500-year) Hood event plus one foot (1') of freeboard, or if the 0.02
annual percent chance Ilood elevation is not known, at least two feet (2') above the
base t100d elcvation, dcpth of flooding, or any other flood elevation data available
from a Fedcral. 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. Substantially improved, reconstructed, and substantially
damaged/repaired critical facilities may use dry t1oodproofing as the method of
providing the required level of flood protection when elevation is not a practical or
fiscally sound option.
SECTION 24: SPECIFIC STANDARDS FOR STORMWATER MANAGEMENT
OR DRAINAGE FACILITIES INSPECTION AND MAINTENANCE
(1) Storm water management and drainage facilities are typically designed and
approved for construction as part of a final dcvelopment order approved by Collier
County [e.g. Plans and Plat (PPL). Site Development Plans (SDP), etc.]. They may
also be included in plans for other construction projects approved by State or local
governmental agencies as "public works" type projects (e.g., road construction
projects, stormwater managemcnt projects, parks, school facilities, etc.). The
intention of this section is to keep storm water managemcnt and drainage facilities
functioning as intended and approved for construction. It is not the intention of this
section to require the inspection and certification of drainage facilities that were
constructed outside the boundaries of a documented engineering design that
received State or local govcrnment approval (e.g., canals dug as a borrow source for
the adjacent road, miscellaneous ditches or canals randomly constructed to alleviate
a local t100d problem, drainage facilities constructed solely for agricultural
operation uses, etc.).
(2) Periodic inspection and maintenance of stormwater management and drainage
facilities is essential to ensure their adequacy to function properly and provide the
level of t100d protection and storm water 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 cncountercd.
(3) Stormwater management or drainagc facility maintenance includes, but is not
limited to, removal of accumulated sediments, vegetation and debris; correction of
swale, ditch and drainage pipe blockages; reconstruction or replacement of facilities
or structures that have deteriorated to the point they no longcr function as designed;
erosion control; lake bank slope correction and constructed berm height
maintenance.
(4) Mandatory periodic maintenance and visual inspections
(a) The owner, or legally responsible entity. shall ensure that physical
maintenance is performed as needcd to keep the storm water or drainage
system operating properly and a visual inspection is performed on the swales,
ditches, catch basins, drain inlets, weirs, control structures, berms, detention
areas, lakcs, and drainage pipes (where the pipcs are not submerged)
(i) at least once each year (for the entire visible system).
(ii) The visual inspection shall also be performed (for the entire visible
system) aftcr each namcd storm event that produces six (6) inches or
more of rainfall within a twenty-four (24) hour time period, or
(iii) in response to a citizen's complaint or at the requcst of the Floodplain
Administrator (for thc arca of the complaint or request), or
(iv) as follow-up to all stormwater or drainage facility maintenance activities
(for the area of the maintenance activity). The follow-up inspection
shall occur within two (2) weeks of completion of the maintenance
activities.
(b) Persons qualified to perform all or portions of the periodic visual inspections
include
(i) registered professional civil engineers and mechanical engineers, and
graduates of civil engineering, mechanical engineering. and civil
engineering technology dcgrce programs;
(ii) professional land surveyors, professional survcyors and mappers, and
graduatcs of surveying and surveying technology degree programs;
(iii) persons certificd as a Qualified Storm water Management Inspector
through the Florida Department of Environmental Protection
Stormwater, Erosion, and Scdimentation Control Inspector Training
Program;
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(iv) persons working under the direct supervision of a registered professional
civil engineer; and
(v) persons approved by the Floodplain Administrator after demonstrating
competence in understanding drainage plans and documents commonly
included in a developmcnt's approval.
(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 inspcction. Documentation shall include, at a minimum, the
date and timc of the inspection, a written statement of findings for each
portion of the stormwater management or drainagc facilities inspected, and the
namc, address and telephone number of the inspector. The inclusion of
photos, while recommended, is optional. The owner, or legally responsible
entity, is responsiblc 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 identifies needed minor maintenance activity
on the stormwater management or drainage facilities, the owner, or legally
responsible entity, shall initiate the maintenance activity within two (2) weeks,
and complete it within two (2) wccks of initiation of thc maintenance. If
major maintenance is needed, the owner or legally responsible entity shall
notify the Floodplain Administrator within four (4) weeks and provide a
reasonable time frame to start and complete the nceded maintenance.
(5) Mandatory inspection and certification report by a registered professional engineer
(a) For developments that have not achieved full build-out and have not
successfully completed the "Final Inspection" process for their final
developmcnt ordcr. the following mandatory storm water management or
drainage system inspection and certification report is required. At least
annually each owncr, or legally responsible entity, of a designed stormwater
management or drainage system shall providc the County with a certification
report signed and sealed by a registered professional engineer knowledgeable
with storm water management and drainage facility design and regulations.
The report shall certify that the engineer has visibly inspected and measured
the stormwater managemcnt or drainage system facilities, compared them to
the permitted and approved construction plans, and the facilities appear to
substantially conform to the approved plans and no conditions were observed
that would prevent them from being able to function as designed for both
water quality and watcr quantity capacities, as applicable. The engineer will
use discretion to identity sediment accumulations that can reduce t10w or
water quality trcatment capacity by up to 10 percent of the design capacity.
Reductions greater than 10 percent require completion of maintenance
activitics to restorc the system components back to design capacity.
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(i) For determining whether a development is considered as built-out
related to the mandatory inspection and certification of the stormwater
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 well established ground co vcr, and no new
construction for thc remaining vacant properties has occurred or been
permitted for at least two years.
(ii) For phased developments, where the entire development is not fully built
out, but where a phase is considered as built out, and that built out phase
is not connected to the master storm water management or drainage
system in the downstream flow 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 incompletc phase by a stormwater
management lake capable of intercepting and containing any sediment
loading from the incomplete phase), then the Floodplain Administrator
may elect to allow that fully built out phase to be inspected and certified
on the applicable three ycar cycle.
(b) For developments that have achieved full build-out 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, of a designed stormwater management or
drainage system shall provide the County with a certification report signed
and sealed by a licensed Florida professional engineer knowledgeable with
stormwater management and drainage facility design and regulations. The
report shall certify that the engineer has visibly inspected the storm water
management or drainage system facilities, compared them to thc permitted
and approved construction plans, and the facilities appear to substantially
conform to the approved plans and no conditions were observed that would
prevent them from being able to function as dcsigned for both water quality
and water quantity capacitics, as applicable. The cngineer will use discretion
to identify sediment accumulations that can reduce t10w or water quality
treatment capacity by up to 10 percent of the design capacity. Reductions
greater than 10 percent require complction of maintenance activities to restore
the system components back to design capacity.
(c) The unincorporated portions of Collicr County are divided into three regions
for triennial cycle submittal of the inspection and certification reports to the
Floodplain Administrator, as follows:
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(i) Beginning in May 2010, and in May of each subsequent third year (e.g.
2013,2016, etc.) all development north of the centerline of Pine Ridge
Road and west 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
storm water management system components for Pine Ridge Road and
the applicable length of Collier Blvd. are also due in this cycle.
(ii) Beginning in May 2011, and in May of each subsequent third year (e.g.
2014,2017, etc.) all devclopment south of the centerline of Pine Ridge
Road, west of the centcr]ine of Collier Blvd. (CR-951) and north of the
centerline of US-4I. Inspection and certification of storm water
management system components for US-41 and the applicable length of
Collier Blvd. are also due in this cycle.
(iii) Beginning in May 2012, and in May of each subsequent third year (e.g.
2015, 2018, 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 development or project;
(b) name of the owner or responsible entity;
(c) local, State of Florida, or Federal permit number (if applicable);
(d) confirmation of (include a copy if document available) of the South Florida
Water Management District final certification approval, permit transfer to the
responsible operating entity, and permit conversion to the operation phase (if
the development has an applicable permit);
(e) a copy of the approved stormwater management or drainage system
component construction plans for the development. If copies of the approved
stormwater management or drainage system component construction plans are
not attainable from the records of the County, State of Florida or Federal
agencies, or the original engineering company, the certifying engineer will
provide corroborating letters from the aforementioned entities (if the original
engineering company no longer exists or has a readily identifiable successor
then the certifying engineer can simply so state) and then prepare drawings
showing the location of the stormwater management or drainage facilities that
could be located, with sufficient dctails as necessary to identify the existing
facility components (e.g. cross sections, profiles, clevations, shapes, and other
vital dimcnsional information of berms, swales, ditches, pipes, lakes, control
structures, or other components of the constructed facilities), along with a
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storm water management or drainage report with calculations to vcrify that the
existing facilities are sufficient in capacity to meet water quality and quantity
requirements, as applicable, in effect at the time of thc development's
approval for construction.
(f) an explanation (photos are useful but not required) of the condition of the
stormwater management system facilities (e.g. observed sediment
accumulations, rusting pipes, cracked concrete, etc.) which include, but are
not limitcd to, lakes, detention areas, retcntion areas, swales, ditches, canals,
culverts, storm drain pipes. water management berms including perimeter
berms, control structurcs, weirs, outfall facilities, skimmers, grates, inlets,
catch basins, ditch blocks, pumps, water control gates/valves, permanent
elevation referencc points (within 100 feet of' a control structure), retention
walls, etc.;
(g) an explanation of the spccific efTorts undertaken to perform the inspection,
and;
(h) the engineer's signed and sealed certification in accordance with Chapter 471,
Florida Statutes and Chapter 610-15, Florida Administrative Code.
(i) It is acknowledged that certain components of a stormwater management or
drainage system (e.g. submerged lakc interconnect culverts, deep lakes, etc.)
will be less susceptible to capacity restrictions and be difficult to access for
inspection. After the initial certification, and for subsequent triennial
certifications up to the ninth year total system recertification, the Floodplain
Administrator may waive or reduce the inspection of certain components in
accordance with a mutually agreed plan developed between the engineer and
the Floodplain Administrator.
(j) It is acknowledged that certain components of a stormwater management or
drainage system (e.g. storm drain pipes, perimeter berms, submerged lake
interconnect culverts, etc.) will bc less susceptible to capacity restrictions
where frequent and detailed storm water managcmcnt system maintenance
programs are implcmentcd. Aftcr the initial certification and the Erst triennial
certification, where both the initial certification and the first triennial
certification provide evidcnce of no capacity reductions due to the ongoing
detailed maintenance, and for up to the ninth year total system recertification,
the Floodplain Administrator may waivc or rcducc the inspection of certain
components that are difficult to access in accordance with a mutually agreed
plan devcloped between the engineer and thc Floodplain Administrator.
Provided the frequent and detailed stormwater maintenance program is
continued, the Floodplain Administrator may continue to waive or reduce the
inspection of those same certain components that are difficult to access up to
each subsequent ninth year total system recertification.
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(k) If no physical changes have been made to the development's stormwater
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 thc applicable facilities, in lieu of
resubmittal of the approved construction plans, can be made by the engineer
in subsequent certified reports up to the ninth year total system recertification.
(1) The inspection and certification report shall bc submitted to the Floodplain
Administrator no later than May 31 sl of the applicable year in the triennial
cycle listed above. Submittals determincd to be incomplete shall be
considered as non-submittals until they have been revised and determined to
be complcte.
(7) The Floodplain Administrator will maintain an adequately staffed, trained 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 ensure compliance with the
requirements of this section.
SECTION 25:
TESTING AND
COMPONENTS
SPECIFIC STANDARDS FOR PERIODIC INSPECTION,
INSTALLATION TRAINING OF DRY FLOODPROOFING
(1) Dry t1oodproofing a nonresidential structure requircs the timely installation of
sealants, t100d panels, and possibly other components to prevent t100d waters from
entering. The periodic inspection of the components, training of structure
occupants in the proper installation, and testing of components to ensure their
continued suitability is necessary to ensure the viability of the dry tloodprooting.
(2) The components of an approved dry tloodproofing system shall be located on the
premises and available for immediate 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
noodproofing shall ensure that a visual inspection is made of all the
components required to dry t1oodproof 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,
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. access to all backt10w prcvention 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 applied sealants,
. and proper and sufficient fasteners (e.g. bolts, screws, etc.) and any
special tools required to install the components.
(b) The owner, or legally responsible entity, of a structure approved for dry
t1oodproofing shall ensure that the occupants of the structure receive training
in the installation of all the componcnts required to dry flood proof the
structure
(i) at least once each year, but no later than May 31 st of that year.
(ii) The installation training shall include all components and an explanation
of
. where they are installed,
. the proper order and way in which they are installed,
. the operation of any special tools required to install,
. and the proper disassembly and storage of the components after
flooding has reccdcd.
(c) Persons qualified, and willing to take responsibility, to perform all or portions
of the annual visual inspections and installation training are
(i) registered professional civil engineers and mechanical engineers, and
graduates of civil engineering, mechanical cngineering, and civil
engineering technology degrec programs;
(ii) State of Florida and Collier County licensed gcneral contractors engaged
in the construction industry, including foremen, carpenters, machinists
or other persons with a good working knowledge 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 t100d panels or other major floodproofing
components, provided they 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
statement of findings for each component of the t1oodproofing system
inspected, the name, address and tclephone number of the persons trained, and
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the name, address and telephone number of the inspector. The inclusion of
photos, while recommended, 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 31 st of
each year.
(e) If the annual visual inspection identifies needed repairs to, or replacement of,
dry t1oodproofing components, the owner, or legally responsible entity, shall
initiate the repair or replacement within 2 wecks, and complete it within 2
weeks of initiation of the repair or replacement unless a longer, but
reasonable, time framc agreeable to the Floodplain Administrator is required.
(4) Mandatory certification of dry t1oodproofing components by a registered
professional engineer or registered architect
(a) At least once every 3 years each owner, or lcgally responsible entity, of a
structure approved for dry floodproofing shall provide the County with a
certification report signcd and sealed by a registered professional engineer or
registered professional architect knowledgeable in dry tloodproofing
component dcsign and installation. The report shall certify that the engineer
or architect has visibly observed and inspected all portions of the practice
installation of the t1oodproofing components, comparcd them to the permitted
and approved construction plans, and the components are able to be
completely installed or operated within four (4) hours and function as
designed.
(b) 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 2010, and in MayoI' each subsequent third year (e.g.
2013,2016, etc.) all dry tloodproofed buildings north of the centerline of
Pine Ridge Road and west 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).
(ii) Beginning in May 2011, and in May of cach subsequent third year (e.g.
2014, 2017, etc.) all dry tloodproofed buildings south of the centerline
of Pine Ridge Road. west of the centerline of Collier Blvd. (CR-951)
and north of the centcrline of' LJS-41.
(iii) Beginning in May 2012, and in May of each subsequent third year (e.g.
2015,2018, etc.) all dry t1oodproofed buildings in all remaining portions
of unincorporated Collier County.
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(c) The certification shall be on forms and in a format approved by the Floodplain
Administrator and include at a minimum the following information:
(i) name, location and description of the tloodproofed structure,
(ii) name of the owner or responsible entity,
(iii) Collier County approved building permit number(s) (if applicable),
(iv) a copy of the approved building plans identifying the approved dry
floodproofing components. If copies of the approved construction plans
showing the dry t1oodproofing components are not attainable from the
records of the County, State of Florida or Federal agencies, or the
original engineering or architectural company, the certifying engineer or
architect shall provide corroborating letters from the aforementioned
entities and then prepare drawings of the structure showing a dry
t1oodproofing system that meets current requirements for the base t100d
elevation in effect at thc 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 Ilood waters.
(v) an explanation (photos are useful but not required) of the condition of
the structure (e.g. observed building wall cracks, flood panel condition
and installation, time to install, operation of backtlow prevention valves,
etc.),
(vi) an explanation of the specific efforts undertaken to perform the
inspection and,
(vii) the engineer's signed and sealed certification in accordance with Chapter
471, Florida Statutes and Chapter 610-15, Florida Administrative Code,
OR the architect's signed and sealed certification in accordance with
Chapter 481, Florida Statutes and Chapter 610-1, Florida
Administrative Code.
(viii) If no physical changes have been made to the structure or the structure's
dry t1oodproofing components since the last certified testing/inspection
report was submitted to the County, clearly understood references to the
location and physical descriptions of the applicable dry t1oodproofing
components, in lieu of resubmittal of the 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 inspection and certification report shall be submitted to the
Floodplain Administrator no later than May 31 sl of the applicable year in
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the triennial cycle listed above. Submittals determined to be incomplete
shall be considered as non-submittals until they have been revised and
determined to be complete.
(d) The Floodplain Administrator will maintain an adequately staffed, trained and
funded organization, under the direct supervision of a registered professional
engineer to receive, review, documcnt locations, and perform field inspections
as deemed necessary to cnsure compliance with the requirements of this
section.
SECTION 26: SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE
Current federal law (The 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 flood
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 the property
without knowing all the facts. To better inform and protect the seller, agent, and
purchaser, the following nood hazard disclosure requirements have been developed for
all real estate transactions.
(1) All real estate agents must notify those (or their real estate agents) interested in
purchasing properties located in the Special Flood Hazard Area (t1ood zones
beginning with the letter "A" or "V") about the t100d hazard and the t100d
insurance purchase requirement. The notice must clearly state whether the property
is in the t100dplain and, if so, that flood insurance purchase requirements are
applicable. The t100d hazard disclosure document must be provided to the potential
purchaser at the time of the initial face to face contact, showing, or mailing of
information (including clectronic mail and facsimile transmissions) but is not
required when the only contact is a telephonc call with no follow-up
communication. The seller shall provide the information required by this Section to
be given to the real estate agent so as to allow the rcal 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 properties located in the Special Flood Hazard
Area (t1ood zones beginning with the letter "A" or "V") about the nood hazard and
the t100d insurance purchase requirement. The notice must clearly state whether the
property is in the floodplain and, if so, that t100d insurance requirements are
applicable. The flood hazard disclosure document must be 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.
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(3) All real estate agents and individual sellers ofreal estatc (when a real estate agent is
not involved) must advise potential purchasers in writing whethcr "to the best of
their knowledge and belief' the property has ever 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 notification
must occur at the same time as the notification of the flood hazard and flood
insurance purchase rcquirement and can be incorporated into the same document.
(4) All landlords must notify those interested in renting properties located in the
Special Flood Hazard Area (flood zones beginning with thc letter "A" or "V") about
the t100d hazard, whether they have purchased t100d insurance on the building and
contents, and the ability of the renter to individually purchase nood insurance on
building contents. The notice must clearly state whcther the property is in the
Special Flood Hazard Area floodplain. The t100d hazard disclosurc document must
be provided to the potential rcnter prior to the initiation of the preparation of a
rental contract document. Additionally, the landlord is required to advise the
potential renter in writing whethcr "to thc best of their knowlcdge and belief' the
property has ever bcen flooded.
(5) All property boundary and individual lot surveys are required to show the t100d
hazard area if the property is located within an area of special flood hazard (flood
zones beginning with the letter "A" or "V") and include the base t100d elcvation, if
applicable.
SECTION 27: APPEALS PROCEDURE
(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, 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 Managcr within ten (10)
business days of the alleged error by the Floodplain Administrator.
(3) The filing fee for each appeal shall be that adoptcd in the Community Development
and Environmental Serviccs Fee Schedule, Section A-7 (approved 12-11-07,
Resolution 07-357) as may be amended. rcplaced or superseded.
(4) A request for appeal shall be tiled in writing. Such request shall state the basis for
the appeal and shall include any pertinent information. cxhibits and other backup
information in support of the appeal. The Board of Zoning Appeals shall hold an
advertised public hearing on the appeal 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 Appcals shall adopt the Floodplain Administrator's
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decision or determination, whichever is applicable, with or without modifications or
conditions, or reject his decision or determination. The Board of Zoning Appeals
shall not be authorized to modify or reject the Floodplain Administrator's decision
or determination unless such board finds that the decision or determination is not
supported by substantial competent evidence or that the decision or determination is
contrary to the specific provisions of this articlc.
(5) Any appeal that has not been acted upon within six months of the applicant filing
the appeal, due to the applicant's request to not schedule the required hearing, will
be determined withdrawn and cancelled.
(6) Any person aggrieved by the appellate decision of thc 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 requcsts for all variances from the substantive
requirements of this article, except as specifically allowed below.
(2) The Floodplain Administrator is authorized to make the final determination on a
request for variance from the requirements of this article solcly for repair or
restoration of "historic" structurcs as defined in this article upon a finding that the
proposed repair or rchabilitation will not preclude the structure's continued
designation as a "historic" structure. All other varianccs will be hcard 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 Code Section 10.04.04, as may
be amended, for Applications Subject to Type 111 Review.
(4) The filing fee for each variance request shall be that adopted and in effect in
Community Development and Environmental Services Fee Schedule, Section K-10
(approved 12-11-07, Resolution 07-357) as may be amended, replaced or
superseded.
(5) In acting upon such applications, the Board of Zoning Appeals shall consider the
following criteria, including:
(a) whether the failure to grant the vanance would result m an exceptional
hardship to thc applicant;
(b) whether granting the variance would result in increascd flood heights,
additional threats to public safety or expense, create a nuisance, cause fraud
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on or victimization of the public, or conflict with existing local laws or
ordinances;
(c) whether the variance would be the minimum necessary deviation from the
requirements of this article; and
(d) shall also consider the following technical factors as they may be applicable:
(i) The danger that materials may be swept onto other lands to the injury of
others;
(ii) The danger of life and property due to t100ding or erosion damage;
(iii) The susceptibility of the proposcd facility and its contents to flood
damage and the effect 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;
(vi) The availability of altcrnative locations for the proposed use which are
not subject to flooding 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 flood watcrs and the effects of wave action, if
applicable, expected at thc site;
(xi) The costs of providing governmental services during and after t100d
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, clectrical, and water systems, and streets
and bridges.
(6) Variances shall not be issued within any designated t100dway if any impact in t100d
conditions, or increasc in tlood levels during the base flood discharge would result.
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(7) Variances may only be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base t100d level and for other
development necessary for the conduct of a functionally dependent use.
(8) Upon consideration of the criteria and factors listed in subsection (5) above, the
Board of Zoning Appeals may deny or approve such variance and attach such
conditions to the granting of variances, as it deems necessary to further the purposes
of this article.
(9) Any person aggrieved by the decision of thc Board of Zoning Appeals may appeal
such decision to the 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 County Manager that:
(a) The issuance of a variance to construct a structure below the base t100d
elevation will result in increased premium rates for t100d insurance
commensurate with the increased risk resulting from the rcduced lowest floor
elevation, and
(b) Such construction below the base t100d level increases risks to life and
property.
(c) A copy of the notice shall be recorded by the Floodplain Administrator in the
Office of the Clerk of Court and shall be recorded in a manner so that it
appears in the chain of title of the affected parcel ofland.
(11) 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 NFlP Biennial Report or upon request to FEMA and the State of
Florida, Department of Community Affairs, NFlP Coordinating Office.
SECTION 29: CONFLICT AND SEVERABILITY
In the event this ordinance cont1icts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction
holds any phrase or portion of this ordinance invalid or unconstitutional, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION 30: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be
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renumbered or re-lettered to accomplish such, and the words "codc" or "ordinance" may
be changed to "section", "article", or any other appropriate word.
SECTION 31: REPEAL OF COLLIER COUNTY ORDINANCE NO. 86-28 (AS
SUBSEQUENTLY AMENDED BY ORDINANCE 87-80, ORDINANCE 90-31,
AND ORDINANCE 2005-51)
Collier County Ordinance 86-28, and its subsequent amending ordinances (Ordinance 87-
80, Ordinance 90-31, and Ordinance 2005-51) are hereby repealed in their entirety as of
the effective date of this Ordinancc.
SECTION 32: LIBERAL CONSTRUCTION
This Ordinance shall be liberally construed to effectuate its public purpose.
SECTION 33: EFFECTIVE DATE
This Ordinance shall become efTective upon tiling with the Florida Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of ,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
Approved as to form and legal sufficiency:
HEIDI F. ASHTON-CICKO
Assistant County Attorney
Page 54 of 54
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LDC Amendment ReQuest
ORIGIN: Transportation Services Division (through contract with RW A, Inc.)
AUTHOR: Robert J. Mulhere, AlCP, RWA, Inc.
Transportation Service Division Staff
DEPARTMENT: Transportation Planning
AMENDMENT CYCLE: 2008 Cycle I
LDC PAGE: LDC 1:5 and 1:6
LDC SECTlON(S): Section 1.04.04 Reduction of Required Site Design Requirements;
1.08.08 Definitions
CHANGE: This section of the LDC was substantially amended in February of 2006.
The purpose of that amendment, in part, was to provide greater clarity in terms of how
properties would be treated after having some portion of the property acquired for public
use in any manner, including dedication, condemnation, purchase, and the like. For the
purposes of this analysis it is useful to identify certain terms.
Take or Takini!.: A parcel of land or a lot or portion thereof, or parcels or lots in
combination or a portion thereof, that Collier County (or other governmental agency with
eminent domain powers) has acquired or proposcs to acquire for public use, whether by
fee simple title or by easement, rcgardless of whether that acquisition occurs through
dedication, condemnation, purchasc, gift, or somc similar manner. INote: This term is
proposed to be defined in the LDq,
Parent Parcel - This is the property that is subject to the take as it exists or existed prior
to the Take. INote: This is offered for informational purposes and is not proposed to
be added to LDC Definitions Section.1
Remainder Parcel - This is the portion of the Parent Parcel that remains after the Take.
INote: This is offered for informational purposes and is not proposed to be added to
LDC Definitions Section. I
Post Take Plan - A plan depicting site modifications, enhancements, and/or deviations
from the requirements of this code as set forth in Section 9.03.06, where such
modifications, enhancements, and/or deviations are designed to remediate, mitigate,
minimize, or resolve site impacts to an improved property caused by a Take. A Post
Take Plan may include, but is not limited to, any or all of the following: redesign or
relocation of ingress/egress; replacement of all, or a portion of lost parking spaces;
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redesign of internal vehicular circulation patterns; relocation or replacement of signage,
redesign or relocation of stormwater retention, detention, or conveyance facilities,
replacement of landscaping materials and/or irrigation fixtures; redesign or relocation of
landscape buffers, preserves, or conservation areas; and similar types of site related
modifications or enhancements. [Note: This term is proposed to be defined in the
LDC]
There is generally agreement on how property is treated when affected by a Take, but that
is less clear when any site modifications are proposed (as part of a Post Take Plan,)
Without clarity and certainty in terms of how the property will be treated when site
modifications are proposed, the County is likcly to face (and in fact has faced in the past)
significant severance and business damage claims. The most ubiquitous example involves
the loss of a portion of a code-required landscape bufTer. While the LDC is clear that a
landowner is not required to replace the landscape buffer to the codc-required width as a
result of the Take, it is not c1car whether that relief continues to apply when site
modifications are proposed. Any requirement to replacc the butTer width to Code
minimums may result in a loss of parking spaces or other impacts to the property that
carry the likelihood of significant severancc and/or business damage claims. Several
recent cases had included claims of $500,000 or more for severance damages and
$1,000,000 or more for business damages. In such cases, the landowncr wantcd certainty
in the form of a binding letter or clear LDC provisions that dcal with this matter. The
only current process available to address this matter is a variance. This process is time
consuming and costly, and in most cases, should not be necessary. Clear and concise
code provisions will address this mattcr.
REASON: Given the above background and the legal constraints that dictate the
process of determining appropriate compensation for a landowner affected by acquisition
of private property for public purposc, there is significant benefit to having a prescribed
and understandable process for handling properties affected by acquisition for public
purpose. While the variance process is the existing mechanism whereby deviations from
Code requirements may be permitted, an owner from whom property has becn taken for
public purposes by the government may not bc compelled by the governmental entity to
join in the application for a variance. Furthcrmore. without a variance in place to allow
certain deviations to exist after post-take curativc measures have been undertaken by the
owner, the owner may claim that relief from Code requiremcnts cannot be guaranteed,
and that a worst-case scenario applies to the post-take remainder property. This argument
is put forth by the owner to increase thc entitlcment to compensation for severance and
business damages. This Amendment is intended to provide some dcgree of certainty over
the relief from Code requirements that may be atTorded to thc owner's remainder
property; thereby reducing and/or often eliminating entirely the severance and business
damages which the government must pay.
To be sure, any such acceptable allowances or deviations from the otherwise required
LDC Site Design Requirements are a matter of public policy to bc determined by the
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Board of County Commissioners. Moreover, the degree to which such allowances or
deviations are deemed to be acceptable must be weighed against the public policy intent
that drives these standards. For example, standards required to ensurc minimum desired
aesthetics (such as landscape buffer widths) should certainly be morc flexible than those
designed to protect public heath, safety, and welfare (such as a safe setback distance for a
building from a travel lane to ensure motorist and pedestrian safety). The Board has
already set the stage for dealing with this issue in the LDC by its approval of GMP
Transportation Element Policy 3.6 (attached). This LDC Amcndmcnt will codify Policy
3.6.
Ideally, the language in thc LDC should be clear, and should provide this flexibility, but
not at the expense of public health, safety, and welfare. This amendment will set forth a
clear process for appropriate stafT revicw such that in most cases, the code provisions will
be clear enough that a binding letter will not be necessary. In cases where therc are
unique conditions, or where it is desirable to create a cure plan, and where the cure plan
includes deviations or variations from otherwise applicable Code requirements, the
proposed LDC amendment sets forth a process where such deviations or variations can be
reviewed by appropriate staff and ultimately approved or disapproved by the BCC. The
process is more expeditious and more t1exible than the variance process. This reflects that
the take generated the hardship, the necd for an efficient process to remedy those impacts,
and the County's policy to reduce the potential for significant damage claims.
FISCAL & OPERATIONAL IMPACTS: Givcn that this LDC amendment does have
operational impacts on County stafT and obviously those operational impacts do have
associated fiscal impacts, the fiscal and operational impacts are dcalt with herc under one
heading, rather than separating the analyses.
This LDC amendment will have a positive fiscal impact on the County. In the case of
two recent examples, without a written assurance from the County (i.e., a binding letter),
the amount of the damage claims were increased by six figures, and in one case, seven
figures. The only avenue in these cases was for the County to submit a variance petition.
Both cases involved a reduction in a landscape buffer width and in both cases the
remaining width (+/- 10 feet) was sufficient to allow for code required plantings. The
County, as part of the proposed Cure plan, was agreeing to replace any missing code
required vegetation.
The problem was that staff could not provide a letter stating emphatically that the
landowner would not be required to rcplace that buffer width (to meet the code) under
some future change of use scenario or even under a condition wherc relatively minor site
changes or improvements were to be proposed. Although it appears that this was the
intent of the existing code language, it simply is not clear enough. If the land owner was
required under some uncertain situation to replace the buffer width (such as change of use
or minor improvements to the property) the rcsult would be a loss of parking, and that
was the basis for significantly increased damages. Thus, in these cascs the only option to
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address the issue and have a definitive answer is for the County (at its expense) to process
a variance application. In a most recent case, when one considers the application fee,
consultant fee, and staff time, the cost to the County for the variance process exceeded
$50,000. The Collier County Planning Commission (CCPC) unanimously recommended
approval, with little discussion, and in fact several members expressed concern that it
even needed to be heard by the CCPC. The BCC approvcd it on the Summary Agenda.
Over the past several years, a considerable amount of time has been spent on resolving
issues and addressing property owner damage claims as they relate to the impacts of
acquisition of private land for public purpose. Much of this timc has been spent in trying
to determine exactly what is acceptable under thc LDC provisions and what is not. Each
case seems to be a little different and thus has requircd numerous discussions and
meetings to determine what might be acceptable. With clear, concise, and quantifiable
standards, there will be less time cxpendcd by various statT from Community
Development, Transportation, Office of thc County Attorncy, and various consultants
(being paid for by the County). An appropriate fee should be established such that
Community Development & Environmental Services Divisions receives appropriate
revenue to cover the cost of the time necessary to review and process a proposed Post
Take Plan. It is not anticipatcd that this amendment will result in any inordinate burden
on existing stafT resources. With the proposed language the review process will be more
focused and efficicnt and with an appropriate fee, the department/division will be
reimbursed for its time.
Based upon our analysis, this process will occur less than 10 times per year, and in fact,
probably only 5 times. This process will require staff time for processing and review, but
an appropriate fee will cover that time and expense. We estimate that each of these types
of submittals will require:
.
No more than 20 hours of processing time (including file set up, assignment,
distribution, review tracking and comment posting, correspondence, and
advertising) at an average hourly rate of $24.00, plus a 40% factor for overhead
(and other non-salary expenses) equals an hourly cost of estimate of $33.60 for a
total estimate 01'$672.00;
.
Another maximum of 40 hours for actual staff review and oversight (based upon 2
review cycles, which should be sut1icient)at an average hourly rate of $36.00 plus
a 40% factor for overhead (and other non-salary cxpenses) equals an hourly cost
estimate 01'$50.40 for a total estimate of$2,016.00; and
.
Another 20 hours of management oversight and public hearing time, at an average
annual salary of hourly rate of 48.07, plus a 40% factor for overhead (and other
non-salary expenses) equals an hourly cost of estimate $67.30 for a total estimate
of $1 ,346.00.
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Certainly CDES staff can conduct a more exact time analyses and make a final
recommendation for an appropriate fee; however, based upon this preliminary estimate,
the time commitment and cost to handle such a petition would total 80 hours at a total
cost of $4,000 (per pctition). Conservatively, assuming that 10 such petitions are
submitted per year, the maximum time impact on staff is estimated to be 800 hours. This
is the equivalent of 0.4 FTE.
RELATED CODES OR REGULA nONS: Policy 3.6 of the Transportation Element
(attached).
GROWTH MANAGEMENT PLAN IMPACT: The proposed amendment is
consistent with the specific provisions of the GMP noted above, and generally furthers
the GMP Goals, Objectives and Policies, and in particular Policy 3.6 of the
Transportation Element.
OTHER NOTES/VERSION DATE: May 29, 2008; Revised August 8, 2008.
Amend the LDC as follows' '.d(,
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9.03.07
Nonconformities Created or Increased bv Public Acquisition
A. Applicabilitv. This section applies to the acquisition for present or planned public
use bv the followinQ party or parties: (i) Collier County: (ii) another Qovernmental
entity: (Hi) public or private utilitv companies providinQ public service: and/or (iv)
a private party or parties under aQreement with Collier County or other
Qovernment entity. For purposes of this section. "acquisition" means any method
of aCQuirinQ private property for public use. includinQ dedication. condemnation,
or purchase.
B. Lot Area
1. Unimproved Lots: If an unimproved lot. has sufficient area for the subdivision
of three (3) or fewer conforminQ lots. and part of the lot is acquired for public
purpose. then it may be subdivided after the acquisition to the same number
of lots that could have been achieved prior to the acquisition. Each newlv
created lot must contain at least 80% of the Code-required minimum lot area.
The Board of County Commissioners may not modify this minimum required
lot area requirement.
2. Improved or Unimproved Lots. No conforminQ lot otherwise QualifvinQ for a lot
split or lot line adiustment pursuant to the provisions of this Code may be
denied approval solelv on the Qrounds that the resultina lot or lots would be
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less fhan the required minimum area for such lot(s) in the applicable zoninq
district as a result of acquisition. from Feb. 14. 2006. if the newlv created
lots contain at least 80 percent of the Code-required minimum lot area.
C. Other Nonconformities:
1. Required yards on improved lots. lot coveraqe on improved lots. and lot
dimensions rendered nonconforminq or more leqallv nonconforminq as a
result of a portion beinq acquired for public use. may be reduced bv the same
dimension. area. or amount involved in the dedication. condemnation.
purchase. or similar method of acquisition; and
2. Anv structure that is not iocafed within the acquisition area. but is made
nonconforminq in terms of a required yard or setback as a result of the
acquisition. need not be relocated. except as follows:
a. The Transportation Services Administrator determines that ieavinq
the structure or a site related condition in its pre-acquisition
location may create an unsafe condition. in which case the
structure shall be relocated the minimum distance necessary to
address the public safety concern or the site related condition
shall be modified to a safe condition; and
b. A front yard of at least ten feet (10') in depth shall be maintained
for all buildinq structures.
c. The resultinq deqree of nonconformity of the area and dimensions
of a lot and the required yards with this Code's then current
requirements are considered lawful unless or until the remaininq
lot or lots in combination are: (i) recreated or replatted. combininq
the subiect lot or lots with an adjacent lot or lots resultinq in a
unified plan of development; or (ii) improved such that the value
of the proposed improvements are equal to or qreater than 50
percent of the total replacement value of the structures and site
improvements on the lots or lot combinations existinq at the time
of improvement. The replacement value shall be calculated bv a
Florida licensed property appraiser. civil enqineer. or qeneral
contractor. In the occurrence of either condition (i) or (ii) above.
the lot or lots must complv with the requirements then established
bv this Code. Otherwise. any leqal and conforminq site
modification or chanqe of use shall not triqqer a requirement to
brinq the nonconformity created bv the acquisition into
conformance with the then required code provisions.
3. Anv other site related nonconformity or site related condition resultinq
from the acquisition. includinq those rendered more nonconforminq. shall
be considered leqallv nonconforminq. includinq. but not limited to.
stormwater manaqement facilities. landscapinq. open space. native
veqetation. conservation areas. buffers and preserves. on- or off-site
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parkinq. vehicle stackinq. throat lenqths. or non-structural architectural
desiqn standards. All such nonconformities are allowed to remain leqally
nonconforminq and in their existinq location(s) and/or confiquration(s).
until the remainder parcel is either recreated or improved as set forth in
paraqraph 2.c. above. except where it is determined by the
Transportation Services Administrator that such newly created or
increased nonconformity or site related condition constitutes an unsafe
condition. In those cases where it is determined that the newly created or
increased nonconformity or related condition constitutes an unsafe
condition. the nonconformity or site related condition shall be relocated or
modified in accordance with paraqraph 2.a. above. as applicable.
C. Post Take Plan. This section addresses the development. review and approval of
post-take cure plans for remainder properties to mitiqate and/or eliminate the
neqative and potentially costly impacts resultinq from the takinq of a property for
public purposes In such cases. it may be determined to be in the public interest
to allow some deviations from applicable code provisions in order to
accommodate site modifications and/or enhancements. desiqned to cure.
remedy. mitiqate. minimize or resolve otherwise neqative site impacts resultant
from public acquisition
1. A Post Take Plan may be submitted for staff review and approval and
shall provide /depict the followinq:
~ A scaled drawinq or drawinqs 24 x 36 inches in size. with one 8.5
by 11 inch drawinq providinq and/or depictinq:
L The public proiect name (purpose of the acquisition):
lL. The name. address and phone number of the consultinq
firm(s) preparinq the plans:
ilL. Zoninq desiqnation of the subiect property:
iv. Leqal Description. alonq with the total site acreaqe in both
pre- and post-acquisition condition:
v. All existinq improvements. clearly depictinq those affected
by the acquisition;
vi. All proposed mitiqatinq improvements and remedies:
vii. The exact nature and dimension of any requested
deviations:
viii. The pre- and post-acquisition confiquration of the lot or
lots:
ix. The dimensions from the pre- and post-acquisition property
line to all affected improvements;
!L A narrative description of the pre- and post-acquisition site
conditions, notinq impacts and all nonconformities created or
exacerbated as a result of the acquisition. and anv proposed
mltiqation and remedies
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c. A siqned and sealed boundarv or special purpose survey as may
be deemed sufficient. to ascertain or verify existinq conditions:
and.
d. The most recent available aerial of the site.
e. The appropriate fee as established by the Board of County
Commissioners
2. The property owner ort the County Attorney may request the followinq
deviations from the LDC
a. Landscape Buffers may be reduced from the code required width
or depth; but shall not result in a buffer of less than five (5) feet in
width or depth.. Landscape buffers which have been completely
eliminated by the acquisition may be replaced beyond the
acquisition area: but shall not result in a buffer of less than five (5)
feet in width or depth.. All code-required plant materials and
irrigation requirements shall remain within the reduced buffer area
or shall be relocated or installed as a condition of the Post Take
Plan approval.
b. Water manaqement facilities. includinq retention. detention and
conveyance may occupy UP to seventy-five (75) percent of a
landscape buffer width. if there is a minimum remaining plantinq
area of at least five (5) feet.
c. Required native vegetation. preserve. or open space requirements
may be reduced by UP to ten (10) percent.
3. Deviations other than those set forth in paragraphs a throuqh c. above.
or exceeding the minimums established therein. may also be approved
administratively. subiect to the followinq procedures:
a In addition to the requirements for submittal established in
paraqraph D.1.. above. within 60 days of the date of submittal of
the Post Take Plan to Collier County the applicant shall also notify
property owners in accordance with notice procedures established
in Section 10.03.05.B.8 and Section 10.03.05.B.9. as may be
applicable.
b. The notice shall: (1) list the requested deviations other than those
set forth in paraqraph 3. above or exceedinq the minimums
established in that subsection: (2) provide a brief narrative
justification for such deviation(s): and (3) provide a COpy of the
Post Take Plan (in 11 by 17 inch or 8.5 by 11 inch format). If no
written obiection is received within 30 days of the date of mailinq
of the notice. the Post Take Plan is deemed approved.
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c. If a property owner who receives a notice submits a written
obiection to Collier County within 30 days of the date of mailinq of
notice. the matter shall be scheduled for public hearinq before the
Collier County Planninq Commission (CCPC) In such cases. the
80ard of County Commissioners deleqates the authority to review
the Post Take Plan to the CCPC and includes this review as part
of the CCPC powers and duties under Section 8/03.01 of the LDC.
Public notice for the hearinq shall comply with Sections:
10.03.05.8.3.; 10.03.05.8.4. or 10.03.058.5. as may be
applicable; and 10.0305.8.6 throuqh 10.03.05.8.12. specifically
notinq the location of the property and the requested deviations
other than those set forth in paraqraph 3 above. or exceedinq the
minimums established in paraqraph 3; and Sections 1003.05.8.8
and 10.03.05.8.9. as may be applicable. The CCPC. in
considerinq whether to approve, approve with conditions. or deny
the proposed Post Take Plan. shall consider the followinq:
(i) Whether the deviation is the minimum amount
necessary to mitiqate for the impacts of the acquisition.
while still protectinq the public health. safety. and
welfare; and
(ii) Whether the County or property owner has or will
mitiqate for impacts from the requested deviation(s) on
neiqhborinq properties by maintaininq or enhancinq
compatibility throuqh various measures. includinq but
not limited to the installation of additional landscape
plantinqs or the installation of fences or walls.
4. Within 30 days of approval. approval with conditions. or denial of a
Post Take Plan by the CCPC, the applicant. affected property
owner. or aqqrieved or adversely affected party may appeal the
decision to the 80ard of Zoninq Appeals. For the purposes of this
section. an aqqrieved or adversely affected party is defined as any
person or qroup of persons which will suffer an adverse effect to
any interest protected or furthered by the Collier County Growth
Manaqement Plan. Land Development Code. or buildinq coders).
E This section (9.03.07) applies to acquisitions which occurred prior to the adoption
of this ordinance if the purchase or dedication of the property has not closed. or
the condemnation proceedinq relatinq to the property acquired has not reached
final disposition.
.........................................................................
Amendment to Section 1.8.02 (or other Section numeration that Definitions may
fall under in the revised LDC format
Take or TakinQ: A parcel of land or a lot or portion thereof. or parcels or lots in
combination or a portion thereof. that Collier County (or other qovernmental aqency with
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eminent domain powers) has acquired or proposes to acquire for public use, whether by
fee simple title or by easement, reQardless of whether that acquisition occurs throuQh
dedication. condemnation, purchase. Qift. or some similar manner.
Post Take Plan: A plan depictinQ site modifications. enhancements. and/or deviations
from the requirements of this code as set forth in Section 9.0306, where such
modifications. enhancements. and/or deviations are desiQned to remediate. mitiQate.
minimize. or resolve site impacts to an improved propertv caused bv a Take. A Post
Take Plan may include. but is not limited to. any or all of the followinQ redesiQn or
relocafion of inqress/eqress; replacement of all. or a portion of, lost parkinq spaces;
redesiqn of internal vehicular circulation patterns; relocation or replacement of siqnaqe.
redesiqn or relocation of stormwater retention. detention. or conveyance facilities.
replacement of landscapinq materials and/or irriQation fixtures; redesiqn or relocation of
landscape buffers. preserves or conservation areas; and similar types of site related
modifications or enhancements
.........................................................................
Strike-throuah of existina Section 1.04.04
1.04.04
Reductian af Required Site Design Requirements
1\. ~Jo I'lart of a required yars ,requires ol'len Sl'lace ,requires aff
street I'larking sl'lace, or rOQuired off slreet loasing space
j:l[ovises in connoation with one builsing ,structure, or use shall
be incluses as meeling the requirements for any other, structure,
or use, excel'll .....here sl'lecific prevision is mase in this LDC.
B. Minimum stansarss; nonconformities crealed by I'luelic
acquisition
1. 1\11 lots or yarss creates after the effective sate of this
Code [Fee. 11, 2006] must coml'lly with the requirements
then established ey this Code
2. ~Jo 101, even though it may consist of one or mom aeutting
lols of record, or yars, existing al the effective date of this
Code [Feb. 11, 2006] or lawfully existing on the effocli'/e
sate [Fee. 11, 2006] of aPl'llicaele amensmenls to this
Cose shall thereafter ee resuced in its degree of
compliance, including its size, dimension, or area, belo'....
the minimum requirements then set forth in this Code,
excel'lt by reason of a I'lortion thereof being acquired for
public use in any manner, including sosication,
consemnation, I'lurchase, ans the like.
a. Requires yarss on iml'lroves lots , lot area, lot
coverage on improves lots , ans lot dimensions
renseres nonconforming or more legally
nonconforming as a result of eeing acquires for I'll.lblic
use, may ee resl.lces by the same dimension, area, or
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<lmount involves in the sesication, consemnation,
purchase, or similar method of <lcquisition for public
use, but shall not rosult in <l front yard of less than ton
feot (10') in dopth. Accordingly, tho resulting degroo of
nonconformity of tho (]fea <lns dimensions of a lot
<lns the required yarss with this Code's then current
reEluirements will be deemed la'Nful unloss or until the
rem<lining lot or yars is recreates, typically by re
se'lelopment, re plat or lot re combin<ltion, <It which
timo such lots <lns y(]fds must comply with the
requirements then established by this Code. Further,
no conforming lot othorwise E1ualifying for <llot split
or lot line asjustment pursu<lnt to Section 10.02.02.
8.8; 10.0202, 8.12, 1.01.01 or g.Od.03.1\ 5 may be
denied such <lpproval sololy on the grounds that the
resulting lot or lots wouls bo less than the requires
minimum area for such lot(s) in the applicable zoning
district <lS <l result of <lcquisition, from Feb. 11, 2005.
b. Other existing site rel<lted legal nonconformities,
inclusing thoso renderes more nonconforming as a
result of acquisition for public use and which pertain to
this Cose's or other county cose roquirements. such
<lS, but not limited to, stormw<lter man<lgoment,
lansscaping or buffers , preserves. on or off site
parking, <lrchitectuml sesign stansards, etc, will be
seem os legally nonconforming ,ans all such roslJlting
non conformities m<lY be <lllowes to remain so
nonconforming , unless or until the remaining lot or
yars is subseEluontly re created or re developes, at
which time such site relates nonconformities ans
development must comply 'h'ith the then existing
requirements of this Cose.
c. In those circlJmstances where aCEluisition for public use
of a portion of a lot or yars would result in one or
more nonconformities that 'IIould require approval of a
development order or permit in order to imploment the
terms of the <lcquisition, ie, in order to cure or remesy
the effect of <In acquisition, (e.g., <In SDP or builsing
permit roquires to relocate <l prior existing builsing ),
the County m<ln<lger, or designee, is <luthorized to
appro'le such developmont order or permit so long as
any prior existing leg<ll nonconformity of the type set
forth in b. <lbove wouls not be incre<lsed.
3. This soction may be applies to those aCEluisitions occlJrring
prior to the asoption of this orsin<lnce so long as the
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FJurchase or dedication of tho FJroFJerty has not closed, or
the condemnation FJroceeding relating to the FJroFJerty
acquired h>lS not re>lched final disFJosition.
C. Other than FJro'/ided for immediately above, required off street
FJarking shall not be reduced in area or changed to any othor use
unless the FJermitted or FJermissible use that it serves is
discontinued or modified, or equivalent required off street FJarking
is FJrovided meeting the requirements of this LDC.
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As adopted by BCC Dec. 4, 2007
Effective Feb 19, 2008
GMP TRANSPORTATION ELEMENT
OBJECTIVE 3:
The County shall provide for the protection and acquisition of existing and future
rights-of-way based upon improvement projects identified within the Five Year
Work Program and/or the Collier County Metropolitan Planning Organization's
(MPO's) adopted Long-Range Transportation Plan.
Policy 3.6
In the event of a right-of-way acquisition or reservation for any purpose included
in the expansion of exisfing transportation facilities by any federal, state, or local
transportation department, authority, or agency, the requirements for buffering,
native vegetation retention, preserve, setback and open space and/or any other
requirements set forth in the Growth Management Plan or Land Development
Code that would be affected by such right-of-way acquisition or reservation may
be reduced, modified or eliminated as a result of the acquisition or reservation
activities in accordance with standards established for the protection of natural
resources. To ensure the protection of natural resources and directing of
incompatible land uses away from environmentally sensitive resources, such
reductions, modifications or eliminations shall be guided by these standards as
well as the priorities set forth in the Conservation and Coastal Management
Element and the Capital Improvement Element for right-of-way acquisition.
Wherever a reduction of standards occurs, it shall be mitigated through the
appropriate mechanisms. Such mitigation shall occur on site when feasible, on
abutting land, or through other means.
This Policy is not applicable to the expansion of transportation facilities in
environmentally sensitive areas, as described in the Rural Land Stewardship
Area (RLSA) or the Rural Fringe Mixed Use District (RFMUD), and standards for
environmental protection shall be maintained during the acquisition of right-of-
way.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Barbara Burgeson, Manager, Environmental Services
Stephen Lcnberger. Senior Environmental Specialist
DEPARTMENT:
Engineering and Environmental Serviccs Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC3:28.l- LDC3:28.2
LDC SECTlON(S): 3.05.07 Preservation Standards
CHANGE: Revise the "native vegetation definition" in accordance with the new
definition adopted with the EAR-based GMP amendments to Conservation and Coastal
Management Element (CCME) and clarify how the "native vegetation definition" is
applied.
Relocate the "Exceptions" sub-section criteria to the "General Standards and Criteria"
sub-section.
Clarify single-family preserve setback requirements.
Include criteria for oft~sitc nativc vegetation retention alternatives as required by the
EAR-based GMP amendmcnts to Conservation and Coastal Management Element
(CCME).
REASON: The change in "native vegetation definition" is required as part of the EAR-
based GMP amendment to CCME Policy 6.1.1 (I).
Change made to clarify how the native vegetation definition is applied. Currently no
criteria are written on how the native vegetation dc!inition is applied, requiring staff to
apply the definition on a project by project basis. Clarification of the native vegetation
definition will help applicants during the permitting process with the County.
Change made to clarify single-family preserve setback requirements. Unless otherwise
required in the RFMU District, single-family residences are exempt from the native
vegetation retention requirements and from having on site preserves, but not from
preserve setback requirements.
"Off-site native vegetation retention alternatives" are required as part of the EAR-based
GMP amendment to CCME Policy 6.1.1 (10).
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FISCAL & OPERATIONAL IMPACTS: How the nativc vegetation definition is
applied has a direct bearing on the amount of native vcgetation found on a piece of
property and subsequently the amount required to be preserved. This in turn had a direct
affect on the acreage of land that can be developed. On the other hand, preserved native
vegetation within a development is esthetically pleasing and often enhances property
values.
Off-site alternatives to the native vegetation retention requirement will allow applicants
(both government and private) to develop more of their property.
RELATED CODES OR REGULATIONS: None affected.
GROWTH MANAGEMENT PLAN IMPACT:
The change in "native vegetation definition" is required as part of the EAR-based GMP
amendment to CCME Policy 6.1.1 (I).
"Off-site native vegetation retention alternativcs" are required as part of the EAR-based
GMP amendment to CCME Policy 6.1.1 (10).
OTHER NOTESNERSION DATE: Created May 5, 2008. Amended June 11, 2008,
June 27, 2008, July 22, 2008, August 11,2008, August 22, 2008
Amend the LDC as follows:
1.08.02 Definitions
*
*
*
*
*
*
*
*
*
*
*
*
Vegetation, native: Native vegetation means native southern Floridian species as
determined by accepted valid scientific references identified in section 4.06.05C. Where
this Code refers to, or requires retention of, existing native vegetation, the term native
vegetafion is further defined as (l vegetative community having 75% or less canopy
coverage of melaleuca or other invasive exotic plant species a veqetative communitv
havinq 25 percent or more naturally occurrinq canopy coveraqe or hiqhest existinq
veqetative strata of native plant species.
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at
a minimum, the preservation standards contained within this section.
A. General standards and criteria. The followinq criteria shall be used to
administer the preservation standards in all unincorporated areas of the
County.
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1. The preservation of native vegetation shall include all naturally
occurrinq strata includinq canopy, under-story and ground cover
emphasizing the largest contiguous area possible. except as
otherwise proYided in subsection 3.0507 H.1.e.
For previously altered sites where soil disturbance has occurred.
"canopy coyeraqe of hiqhest existinq veqetative strata of native
plant species" shall include those areas of canopy or understorv
with 10 percent or more canopy closure of hiqhest existinq
veqetative strata of natiye plant species present
Herbaceous weedy. ruderal type veqetation. typically found on
roadsides and hiqhlv disturbed pastures with severely altered soil.
and not typically associated with habitat (plant species)
succession on sites with undisturbed soil. shall not be counted as
native plant species for the purpose of this definition.
2. Areas that fulfill the native vegetation retention standards and
criteria of this Section shall be set aside as preserve areas,
subject to the requirements of subsection 3.05.07 H. Single family
residences ilre exemFlt from the requirements of section d.Oa.07
l+-
3. Native vegetation to be retained as preserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in subsections 305.07 F.3. and 3.05.07
G.3.c.
a. Wetland or upland areas known to be utilized by listed
species or that serve as corridors for the movement of
wildlife;
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
c. Onsite wetlands having an accepted functionality WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
d. Any upland habitat that serves as a buffer to a wetland
area as defined in section 305.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
4. Preservation areas shall be interconnected within the site and to
adjoining off-site preservation areas or wildlife corridors.
5. To the greatest extent possible, native vegetation, in quantities
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and types set forth in section 4.0600, shall be incorporated into
landscape designs in order to promote the preservation of native
plant communities and to encourage water conservation.
6. Where veaetation has been leqallv cleared. the amount of native
veaetation used to calculate the preservation reauirement will be
that amount present at the time of development order or land use
petition application. Where veaetation has been illeaallv cleared,
the amount of native veaetation used to calculate the
preservation reauirement will be that amount present at the time
prior to the illeaal clearinq. Criteria to determine the leaalitv and
criteria for the c1earinq are found in Sections 10.02.06 and
30505
a. Re-creation of native veaetation shall not be reauired
when any one of the followinq criterion is met:
I.
The parcel
veqetation
veaetation
was issued a County permit to clear
and remains cleared of native
ii. The parcel was Issued a County permit to clear
veaetation for aaricultural purposes prior to Julv
1993 and remains cleared of native veaetation.
iii. If no clearina permit can be found. demonstrations
of continuous bona fide aaricultural operation alonq
with issuance of an after-the-fact aaricultural
c1earina permit from the County will be evidence of
leaal c1earina Demonstrations of continuous bona
fide aaricultural activities shall include aaricultural
classification records from the property appraiser's
office; and shall be supported bv dated aerial
photoaraphs; occupational license for aaricultural
operation; SFWMD consumptive use permits for
the onaoinq aaricultural use or other information
such as sworn testimony from previous owners
which positive Iv establishes the commencement
date and the location of the aaricultural operation.
The rezone limitation pursuant to 10.02.06 shall
~
7. Redevelopment and expanded sites.
a. Within the boundaries of an oriainal site reauestina re-
development. the preserve reauirement shall be based on
the site acreaqe and native veaetation acreaqe existina at
the time of the oriqinal site development.
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If the preserve requirement is less than the acreage of
remaininQ native vegetation on site then the preserve
selection shall be based on the current preservation
standards.
If the preserve requirement is Qreater than the acreaQe of
remaining native vegetation onsite. then the preserve
shall incorporate all of the remaininQ native vegetation on
site.
b. Within the boundaries of a site requesting development
which includes an expansion of the site. the preserve
requirement percentage shall be based on the total
combined acreage of the whole site.
c. In no case shall an existing or expanded site become more
nonconforminQ with reQards to native vegetation retention
requirements.
8. Right-of-way acquisitions for all purposes necessary for roadway
construction. including ancillarv drainaQe facilities. and includinQ
utilities within the Right-of-way acquisition area are exempt from
preservation requirements.
9 Unless otherwise required in the RFMU District. sinQle-family
residences shall be exempt from the native vegetation retention
requirements and from havinQ on site preserves Setbacks to
preserves shall be in accordance with section 3.0507
10. Development standards pursuant to section 4.02.14 shall apply to
all development. including sinQle-family. within the ACSC.
11. Created preserves are allowed subiect to the criteria in sub-
section 3.05.07 H.1.e.
B. Specific standards applicable outside the RFMU and RLSA districts.
Outside the RFMU and RLSA Districts, native vegetation shall be
preserved on-site through the application of the following preservation
and vegetation retention standards and criteria, unless the de'lelopment
occurs within the ,^,CSC where the .^,CSC standards referenced in the
Future Lana Use Element shall apply. This Section shall not apply to
single family dwelling units situated on indi'/iduallots or parcels.
1. Required preservation.
Development Type Coastal High Non-Coastal High
Hazard Area Hazard Area
Residential and Mixed Less than 10% Less than 5 10%
Use development 2.5 acres acres
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Equal to or Equal to or
greater 25% greater than 5 15%
acres and less
than 2.5 than 20 acres
acres
Equal to or 25%
greater than
20 acres
Golf Course 35% 35%
Less than 5 10% Less than 5 10%
Commercial and acres acres
Industrial development Equal to or
and all other non- Equal to or
specified development greater 15% greater than 5 15%
types than 5
acres
acres
Industrial development 50%, not to 50%, not to exceed
(Rural-Industrial District exceed 25% of the 25% of the project
only) project site site.
2. Exceptions. An exceplion from the ve!jelation retention standards
above shall be !jranled in the followin!j circumslances:
a. where the parcel '....as le!jally cleared of native ve!jelalion
prior to January 1989;
b. .....hore the parcel cannol reasonably accommodato both
the application of the nalive ve!jelation retention E:tandards
and the proposed uses allowed under this Code, subject to
the criteria E:et forth in section d.05.07(H)(1 )(e).
2. Off-site veqetation retention.
a. Applicabilitv. A propertv owner mav request that all or a
portion of the Collier County native veaetation
preservation retention requirement be satisfied offsite for
only the followinq situations and subiect to restrictions
listed below.
I. Properties zoned commercial or industrial where
the on-site preserve requirement is less than 2
acres in size.
il. Park sites where the on-site preserve requirement
is less than one acre in size.
iil. Essential service facilities other than parks. for
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any size preserves.
iv. Preserves less than one acre in size.
v Affordable housinq proiects with a BCC approyed
Affordable Housinq Density Bonus Aqreement. The
maximum percent of native veQetation retention
allowed offsite shall be no more than the percent of
affordable housinq units allowed under the
Affordable Housinq Density Bonus Aqreement
without limitation as to size of the preserve.
Yi. Proposed preserves where the amount of exotic
veqetation necessitates mechanical removal in
order to restore the habitat. as determined by the
County Manaqer or desiqnee
vii. Preserves overrun by CateQorv 1 invasive exotics.
as defined by the Florida Exotic Pest Plant Council.
and other aqqressive non-native veqetation and
where restoration is not possible. as determined by
the County Manaqer or desiqnee. Preserves not
previously overrun with this type veqetation and
which arrive at this state due to lack of
manaqement shall mitiqate off site at a ratio of 2 to
~
viii. Created preserves where previous restoration
requirements have not been successful. as
determined by the County Manaqer or desiqnee. or
where preserves have not been planted in a
manner which mimics a natural plant community.
b. Restrictions, when one or more of the followinq situations
occur.
i. Xeric scrub and hardwood hammocks which are
one acre or more in size. manqrove. coastal dune
and strand enYironments. and native habitats
known to be utilized bY listed species or that serve
as corridors for the movement of wildlife shall not
be allowed to have the native veqetation
preservation retention requirement provided offsite.
II. Preserves shall remain onsite if located adiacent to
flowwavs. natural water bodies. estuaries.
qovernment required preserves (not meetinq the
offsite preservation criteria herein). Qovernment
owned or tarqeted lands for preservation purposes.
wildlife corridors. and protected or listed species
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nests. buffers and foraqinq habitat. For the purpose
of this section. flowwavs shall be those idenfified
durinq wetland permittinq with applicable state and
federal aqencies. reqional drainaqe studies. surface
water manaqement permits. or havinq the followinq
characteristics: contiquous lands havina a continual
preponderance of wetland or wet facultative plant
species and a qround elevation throuah the maior
portion of the flowwav at least 1 foot lower than the
qround at the edqe of the f10wwav and allow the
convevance of seasonal hiqh water The edae of
the flowwavs shall be identified bv field
determination and based upon veqetation and
elevation differences from the adiacent uplands or
transitional wetlands
iii. Remainina portions of on-site preserves must be a
minimum of one acre in size and shall not meet the
offsite criteria of sub-section 2a vi. vii and viii
above. unless preserved with hiqher quality habitat
not qualifyinq for off-site veqetation retention.
Remaininq preserves less than one acre in size
may also be provided offsite.
c. Off-site Alternatives.
i. Off-site native veaetation retention requirements
may be met by monetary payment or by land
donation
ii. Applicants shall make monetarv pavment to
Conservation Collier for the purchase and
manaqement of off-site conservation lands within
the county The monetary payment shall be
equivalent to the averaqe per-acre value found in
an appraisal of the entire site. multiplied by the
number of acres to be preserved offsite plus no
less than 25 percent of that amount as an
endowment for manaaement of off-site land. The
appraisal shall be based on the fair market value of
the land as if the requested zonina is in place. The
appraisal shall be provided by the applicant and
must be reviewed and approved by the Review
Appraiser of the Real Estate Services Division
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Sites valued at over $500.000 shall require two
appraisals with the monetary value to be
established at the averaqe of the two appraisals.
Appraisal(s) are valid for only 6 months. One
hundred percent of the monetary payment must be
made prior to final site plan/construction plan
approval. The County will develop the appropriate
fee schedule to review the appraisal(s)
iii. In lieu of monetary payment. applicants may
choose to donate land to Conservation Collier or to
another qovernment aqency. In the event of
donation to Conservation Collier. the applicant may
acquire and subsequently donate land within the
proiect boundaries of Winchester Head, North
Golden Gate Estates Unit 53. another multi-parcel
proiect or any other land desiqnated by
Conservation Collier. or contiquous to existinq
preserved lands.
Applicants who choose to donate land shall be
required to demonstrate that the land to be donated
contains native veqetation communities equal to
or of hiqher priority (as described in subsection
3.0507 A) than the land required to be preserved
onsite. In no case shall the acreaqe of land donated
be less than the acreaqe of land required to be
preserved onsite. Land donated to satisfy the off-
site veqetation preservation retention requirement
must be located entirely within Collier County and
must not be used as mitiqation for any other
federal, state or county permit or approval.
Donations of land for preservation shall be made to
a federal. state or local qovernment aqency
established or authorized to accept lands for the
conservation and manaqement of land in
perpetuity. subiect to the policies and procedures of
the receivinq entity. The deed to the receivinq entity
shall specify that the receivinq entity will accept and
manaqe the land in perpetuity for conservation
purposes For lands donated to Conservation
Collier. no less than 25 percent of the value of the
land donated shall be provided to Conservation
Collier as an endowment for manaqement of the
land
Evidence that donations of land for preservation
and endowments for manaqement have been
accepted by and donated to the entity stated above
shall be made prior to final site plan/construction
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plan approval Exotics shall be
accordance with the time frames
3.05.07 H (2)
removed in
provided in
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