Ordinance 89-024ORDINANCE NO. 89
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 76-6, AS AMENDED, THE
'/COLLIER COUNTY SUBDIVISION REGULATIONS",
_!/FOR THE UNINCORPORATED AREA OF COLLIER
?.,':'COUNTY BY AMENDING ARTICLE V, DEFINITIONS
,~[~OF COUNTY ENGINEER, DIRECTOR, AND
.i~DEPARTMENT OF COMMUNITY DEVELOPMENT;
~=._AMENDING ARTICLE VII, ENTITLED VARIANCES,
EXCEPTIONS AND MODIFICATIONS, TO
SUBSTITUTE DIRECTOR FOR SUBDIVISION
REVIEW COMMITTEE AND REVISE PROCEDURES TO
ACCOMMODATE REORGANIZATION OF THE
DIVISION OF COMMUNITY DEVELOPMENT
SERVICES; AMENDING ARTICLE VIII, TO PLACE
ADMINISTRATION OF THE SUBDIVISION
REGULATIONS IN THE OFFICE OF THE DIRECTOR
OF DEVELOPMENT SERVICES, TO TRANSFER THE
FUNCTIONS OF THE SUBDIVISION REVIEW
COMMITTEE TO THE DIRECTOR, AND TO PROVIDE
THE MANNER IN WHICH SUBDIVISION REVIEW
ACTIVITY WILL BE CONDUCTED; AMENDING
ARTICLE IX, STANDARD PROCEDURES, TO
ESTABLISH PROCEDURES AND PLAN INFORMATION
CONTENT FOR SUBMISSION OF SUBDIVISION
MASTER PLAN; AMENDING ARTICLE IX,
INCORPORATING REFERENCE TO COLLIER COUNTY
ORDINANCE NO. 88-76, AS AMENDED, THE
"COLLIER COUNTY UTILITIES STANDARDS AND
PROCEDURES ORDINANCE"; AMENDING ARTICLE
XIII TO INCORPORATE SPECIFIC REFERENCE TO
PRELIMINARY AND FINAL INSPECTIONS AND
REQUIRED SECURITY PERFORMANCE; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the proposed amendment is in the interest of
textual clarity for present and future interpretation; and
WHEREAS, the Board of County Commissioners adopted
Collier County Ordinance No. 76-6 the "Collier County
Subdivision Regulations" for the Coastal Area Planning
District, Collier County, Florida, on February 17, 1976; and
WHEREAS, in an effort to improve the expediting of
reviews and as a result of review responsibility revisions to
th~ Division of Community Development Services, the
responsibility for administering the "Collier County
Subdivision Regulations", as amended should be the
Development Services Director of the Division of Community
Development Services; and
WHEREAS, amending the Subdivision Regulations as they
Words-s~H=k-%h~H~h are deleted; words ~ are added.
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rllate to the above matters requires revision to several
articles to make possible the restructuring of the
administrative and review function;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMHISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The "Collier County Subdivision Regulations", Ordinance
No. 76-6, as amended, Article V, Definitions of "County
Engineer", "Department of Community Development" and
"Director", shall be amended to read as follows:
COUNTY ENGINEER - The term County Engineer for the purposes
of this Ordinance shall refer to a licensed DrofessiQnal
~aineer acting as the Pro4ect Review Services Manager within
the Division of Community Development. or the Development
Services Oirector within the Division of Community
Development Services. or his staff desianee, The-e~un~y
E~g~nee~-eE-ee~e~-eeun~y-e~-h~s-d~y-a~he~zed
~epresen~a%~we?
9~PARTM~NT-eP-eeHH~N~T¥-gE~BePM~NT - DIVISION OF CO~)C~NITY
DEVELOPMENT SERVICES The
Division of Communitv DeveloPment
DIRECTOR - The "director" is the-PuB½~=-W~=ks
Aam~m~s~ra~e=~e~Hn~y-Eng~neem= Development Services Directo=
9~ the Division of Community DeveloDme~ Services. or his
staff desi~nee.
SECTION TWO:
The "Collier County Subdivision Regulations", Ordinance
No. 76-6, as amended, Article VII, shall be amended to read
as follows:
ARTICLE VII
VARIANCE, EXCEPTIONS AND MODIFICATIONS
Words-s~=u=k-~hm~h are deleted; words underlined are added.
SECTION 1
Administration of Variances
When because of the size of the tract to be subdivided,
its topography, the conditions or nature of adjoining areas
or the existence of other unusual physical conditions,
literal or strict enforcement of the provisions of this
Ordinance would cause an unusual, exceptional, unnecessary
hardship, or result in real difficulties or undue hardship or
injustice, the Board of County Commissioners after report by
the Planning Commission may vary or modify the requirements
set forth herein. Such variances shall not be granted if it
has the effect of nullifying the intent and purpose of this
Ordinance. In granting variances, the Board may require such
conditions as will secure insofar as practical, the
objectives of this Ordinance.
A. Variances shall not be granted unless a written
application for a variance has been submitted to the
Director demonstrating:
(1) That special conditions and circumstances exist
which are peculiar to the land, involved and which
are not applicable to other lands similarly
regulated.
(2) That a literal interpretation of the provisions of
this Ordinance would deprive the applicant of
rights commonly enjoyed by other properties.
(3) That the special conditions and circumstances do
not result from the actions of the applicant or his
predecessor in interest.
(4) That the granting of the variances requested will
not confer on the applicant any special privilege
that is denied by this Ordinance to other lands.
No pre-existing conditions or neighboring lands
which are contrary to this Ordinance shall be
Words-s~=~=k-th~e~g~ are deleted; words underline4 are added.
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considered grounds for the issuance of a variance.
B. The application shall be reviewed by the Subd~v~s~e~
eemm*~ee Director as-he~e~n-de~*ned-~n pursuant to
ARTICLE VIII hereof and sa~d-eamm*~ee
shall within 30 days submit ~s h~s report and
recommendations to the Planning Commission and the
developer. Upon receipt of the report by the
8ub~v~s~a~-e~mm~ee Director ~he-deve~eper-sha~
pe~, the Planning Commission ~]1~ ~= a public
hearing on the variance. The Director shall schedul9
the public hearina before the Plannina Commissioo
conform with publication reuuirements.
P}a~m*mg-eomm~ss*on.
C. The Planning Commission shall hold a public hearing on
the variance upon due public notice, and shall recommend
approval or disapproval of the variance. The decision
of the Planning Commission shall be in writing, and
forwarded to the Board of County Commissioners within
seven (7) days from the public hearing, with a copy to
the developer.
D. Upon receipt of the Planning Commission's decision, the
Director shall instruct the Clerk of deYeAo~e~-sha}~
~e~om the Board of County Commissioners
~o~ a public hearing on the variance.
eomm~ss~ome=s?-~eques~mg-a-hea~mg-on-a-~egu}a~}y
eomm*ss~o~e~s.
E. The Board of County Commissioners shall hold a public
hearing after due public notice on the proposed
variance. Based on the Bub~¥~s½om-eomm&%~ee Director'~
Words-s~=u~k-~h=ough are deleted; words underlined are added.
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report, the Planning Commission's recommendation, and
after public hearing, the Board of County Commissioners
shall make specific findings of fact:
(1) That the requirements of this Section have been
met.
(2) That the reasons set forth in the application
justify the granting of the variance and that the
variance is the minimum variance that would make
possible the reasonable use of the land.
(3) That the granting of the variance would be in
harmony with the general purpose and intent of this
ordinance; would not be injurious to the
surrounding territory; would not impair the
desirable general development of the neighborhood
or the community, as proposed in the comprehensive
plan; or otherwise detrimental to the public
welfare.
In granting any variance the Board of County
Commissioners may prescribe and require appropriate
coDditions and safeguards in conformity with this
Ordinance. Any variance granted by the Board shall be
noted in its official minutes along with the reasons
which justify the granting thereof and any required
conditions and safeguard placed upon the variance by the
Board shall be enforced by the Director and shall be
considered as part of the provisions of this Ordinance.
SECTION 2
EXCEPTION
A.
The requirements as outlined in this Ordinance may
be modified by the Board in the case of a
development which in the judgment of the Board
provides adequate public space and improvements for
the circulation, recreation, light, air and service
Words-str~ek-%hra~gh are deleted; words underlined are added.
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needs of the tract when fully developed and
populated, and which also provides such covenants
or other legal provisions as will assure conformity
to and implementation of the plan. In granting
such exceptions, the Board shall require such
reasonable conditions and safeguards as will secure
substantially the objective and standards of this
Ordinance. Before granting such exceptions, the
plan and program shall be in the appropriate zoning
district, comply with the comprehensive land use
plan,and be reviews4 by have-p~e~-app~va~-e~ the
planning commission and the Subd&v[s[~m-e~mm[~%ee
Director. Upon compliance with the foregoing, a
public hearing shall be held by the Board.
B. The developer shall submit in writing a request to
the Subd~v~s~efl-eomm~ee Director for an exception
from the requirements of this Ordinance. Said
request shall state that a plan for a community
development has been or is being prepared. Where
the plan and program for the community development
has already been prepared and/or approved, the
request shall state the date upon which the plan
was submitted or approved, and, in the case of a
plan not yet approved, shall contain a concise
statement of the progress made to date towards the
approval of said plan. In the case of a plan not
yet submitted, the request shall state the
approximate date upon which the plan shall be
submitted and the agency of county government to
which said plan shall be submitted. The
SuBd~¥~s~om-e~mm~ee sha~½-~ev~ew-~he-req~es~T-and
sha~-~wa~d-~-~-%he-P~a~m~-e~mm~ss~-a~d-~he
dewe~pe~-a~mg-w~h-&~s-e~mmem~s-and
Words-se~H=k-~h~h are deleted; words under%ined are added.
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reee~ueendae~ene?-~eh~n-eh~rey-f3e~-deye~
eemm~eeee? ehe deve~e~e~
e~ee~en?--Be~d-~ee~e~en-ehe~-~e-~n-~e~n~-ee
~he-B~ree~er~-requee~n~-e-heer~n~-en-a-re~e~
eehedu~ed-mee~nq-da~e-o~-ehe-P~ann~nq-ee~ue~ee~en~
Within 30 days from receipt of the reauest, the
Director shall review the request, forward it.
~oqether with the Director's comments add
recommendations, to the Planning Commission and the
devg~oDer, and schedule a public hearina on the
excggtion for the next legally available reqular
meetinq of the Plapnin~ Commission.
C. The Planning Commission shall hold a public hearing
on the exception with due public notice, and may
(1) recommend approval of the request, (2)
recommend denial of the request, or (3) recommend
no action on the request until such time as the
community development plan and program have been
submitted and approved. The recommendation of the
Planning commission along with the Subd~¥~s~em
eemm~ee Dire~to~'s report, shall be forwarded to
the Board of County Commissioners within seven (7)
days.
D. Upon receipt of the Planning Commission's decision,
the Beve~e~e~ Director shall petition the Board of
County Commissioners for a public hearing on the
exception. Said petition shall be in writing to
the Clerk of the Board of County Commissioners
requesting a hearing on a regularly scheduled
meeting date of the ~ard.
Words-s~e~-~hmo~h are deleted; words underlined are added.
The Board of County Commissioners shall hold a
public hearing on due public notice, and may (1)
approve the request (2) deny the request or (3)
postpone consideration of the request until such
time as the plan is submitted or approved, or (4)
take any other action which to the Board seems
appropriate.
SECTION 3
Modifications From This Ordinance For An Approved Master Plan
A. Where the developer has previously submitted a
master development plan in connection with
obtaining rezoning prior to the effective date of
these regulations, the requirements of these
regulations relative to the master plan may be
modified by the Board for good cause shown. It is
expressly declared to be the intent of this section
to permit those developers who have previously
submitted a complete and comprehensive development
plan to proceed with preparation of the
construction plans and final plat upon approval of
said previously filed development plan without
being required to re-submit a master plan. Unless
the master plan was approved as part of a PUD or GH
petition, as defined in the Zoning Code, such a
modification from the requirements of this
Ordinance shall not be construed as a matter of
right, and the Board of County Commissioners in its
sole discretion may refuse to grant such a
modification where it finds that the development
plan as previously filed does not substantially
conform to the requirements for a master plan as
set forth herein.
Words-s~rH=k-~h~o~h are deleted; words underlined are added.
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B. A developer desiring a modification of the
requirements for a master plan shall file in
writing with the Director a petition requesting the
modification from these regulations as set forth
herein. Said petition shall include a copy of the
previously approved master plan and shall state
with particularity the differences between the
requirements of these regulations and the
previously approved plans and the reasons why the
developer feels such modification is justified.
C. The petition shall be reviewed by the
ee~m*~tee Director, who shall schedule a meeting
with the developer if in the opinion of the
e~ua*~ee DireGtor such a meeting is deemed
desirable or upon the written request of the
developer. After said meeting and within thirty
(30) days, the Sub~v~s&on-eomm~ee DireGto~ shall
forward ~s ~ report and recommendations to the
Planning Commission.
D. Upon receipt of the
Director's recommendations the Planning Commission
shall hold a public hearing after due public notice
on the petition within thirty (30) days. The
Planning Commission shall make a specific finding
of fact that the previously approved master plan
either is or is not adequate in lieu of the
requirements of these Regulations, and if not
adequate, that a master plan as required by these
Regulations must be submitted, or the specific
changes which must be made in the previously
approved master plan which will make it adequate in
lieu of these Regulations.
E. The Planning Commission shall submit its findings
Words-s~ek-~h~u~h are deleted; words underl~De~ are added.
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and recommendations to the Board of County
Commissioners, which shall hold a public hearing
after due public notice. Based-on-the After the
Public hearing and Board's review of the
Subd~v~s~e~-eomm~ee Director's findings and the
Planning Commission's recommendations, the Board
shall decide:
(1) That the previously approved master plan is
adequate in lieu of the requirements of those
Regulations;
(2) That the previously approved master plan which
has been modified as recommended by the
Planning Commission is adequate in lieu of the
requirements of these Regulations;
(3) That a master plan as required by these
Regulations must be submitted.
SECTION 4
APPEALS
Any person, firm or corporation claiming to be injured
or aggrieved by any final action of the Board may present to
the Circuit Court of Collier County, a petition for a writ of
certiorari to review such final action as provided by the
Florida Appellate Rules. Such petition shall be presented to
such court within thirty (30) days after the date of such
final action by the Board. For the purpose of determining
when the right to appeal accrues, final action shall include
only final action by the Board of County Commissioners.
SECTION THREE:
The Subdivision Regulations Ordinance 76-6 as amended,
Article VIII shall be amended as follows:
ADMINISTRATION OF ORDINANCE
SECTION 1
Words-s~u~k-~h~gh are deleted; words underli~ are added.
Responsibility For Coordination and Enforcement of Provisions
For the purpose of coordinating, enforcing and
administrating this Ordinance, the Pub}*e-W~ks
Adm~s~ra~er~eeu~y-E~g~neer Development Services Director
of the Division of CommunitY. Development Services shall be
deemed the administrative officer of this Ordinance.
Subd~v½s~e~-eemm~ee
..... The=e-~s-he~eBy-es~eb~shed-e-SuBd~v~s~en-eemm&t~ee
Review Activity
The Director is hereby responsible for establishing a
review process to consist of appropriate forms, includin~ an
application, checklist of required data and an applicant's
informa%ion package which describes tb~ review and approval
Droces~, Said ~pDlication forms, checklist, and information
Dacka~ prepared bY the Director shall be adopted by the
CountY.Board of Commissioners bv resolution as an
informational appendix to this ordinance to ~uide applicants
desirin~ ~Q petition for approval of a subdivision master
..... The-Sub~w~s&em-eemm&~ee-sha~-Fe¥~ew-~he
Words-s~=~=k-~½=s~gM are deleted; words ~t~ are added.
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· ReviewOf Subdivision Master Plan
The Director will conduct a review of th~ PrOPosed
subdivision master plan. The subdivision master plan will be
sent to affected public service aaencies for comment and a
wTitten report to be submitted to the Director as to how the
master plan affects their area of public service
NesDonsibilitv. ConcurrePtl¥ a review by th~ staff of the
Community Development Services Division will account for the
multi-disciplined responsibilities of the division and other
related acencies. UPOn receipt of all review comments the
Director will prepare a preliminary findincs of
recommendation for submission to the apolicant.
~ECTION-~
S~e~v½s½en-eemm~t~ee-Mee~m~
..... The-Su~v~s~em-eemm~ee-sha~-mee%-en-the-~s~-am~
th~rd-We~mesday-ef-eaeh-me~th-as-ea~ed-by-the-eha~mem-~e
rev~ew-~re-e~ee~ems~-maseer-~ams-e~-~e~es~s-~e~ the
var~anee-exeepe~ems-a~d-med~eat~ens~--?he-~u~v~s~ee
Developer Conference
The Director will schedule appropriate meetings with the
applicant recardin~ the findincs resultin~ from the various
a~encv reviews. If reauired, other a~encv personnel will be
reo~ested to attend the conference. The PurPose of the
applicant conference is to discuss and identify proposed
~tiDulations to be recommended to the Collier County Planninq
~9mmission and Board of County. Commissioners.
SECTION 5
~m~ermae*em~-Adv*se-er-Reeemmem~a~ems Coordination Prior to
and Durinc Preparation of Construction Documents and Final
Words-s~=uek-~hreH~h are deleted; words underlined are added.
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h~s-du~y-autho~ed-~ep~ese~ta~ve.
Upon receiving the approval as prescribed in the
"Standard Procedures" ARTICLE IX for the pre-application and
master plan from the Planning Commission and Board of County
Commissioners. the developer's engineer and surveyor shall
coordinate the preparation of the construction
~ and final plat directly with the
eo~m~y-Ba~aeer Director. Upon approval of the commencement
to work, the developer's engineer shall continue ~_~
coordinate with the Director durina the construction of the
re~ired improvements w&~h
SE~ION FO~
~e "Collier County Su~ivision Re~lattons", Ordinance
No. 76-6, as amended, ~TICLE IX shall be amended to read as
follows:
~TICLE IX
ST~D~ PROCED~ES
SE~ION 1
Zoning
Prior to approval of any master plan by the Board of
County Co~issioners the area to be su~ivided shall have the
appropriate zone district classification for the intended
use. Has=er Plan approval may be processed concurrently with
a rezoning application.
SE~ION 2
Pre-Application
Words-s~=~ek-~hreH~h are deleted; words underlined are added.
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The purpose of the pre-application procedure is to allow
the developer and the 8ubd~w~s~o~-eomm~ee
Services staff the opportunity to consult informally prior to
the preparation of the ~ master plan and formal
application to secure the Subd~w~s&o~-eomm&~ee DeveloDment
Services staff review, and approval of the propose~
subdivision master plan bY the Planning Commission and Board
of County Commission~r~.
mes~e~-p}an~ The pre-application procedure is not mandatory;
however, at the option of the developer:
A. A written pre-application may be submitted to the
Director
8~b~¥&s&o~-e~mm&~ee at any time for informal
review of a proposed subdivision master plan. The
written application shall contain the following:
(1) Ten copies unless otherwise specified by the
Director of a written statement generally
describing the condition of the site and the
proposed development of the entire
subdivision. This statement shall include but
is not necessarily limited to data on existing
covenants, location of utility facilities,
general soil characteristics and information
describing the subdivision proposed such as
number of parcels, lots, tracts ~m&~s7 typical
lot, or other parcel confi~urat~o~, public
areas, anticipated utility source and any
other information considered pertinent.
(2) Ten copies unless otherwise specified by the
Director of a plan including the following on
a sheet~ of a m~m~m~m standard size of 24" x
36"; a location plan showing the location of
the land to be subdivided; approximate
Words-s~e~-~hrough are deleted; words underlined are added.
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BOOK
acreage; natural features such as low or
swampy areas, streams, lakes or canals;
identification of adjacent lands; a brief
description of the land to be subdivided;
name, telephone number and address of the
developer; date; northpoint; streets; general
lot and block layout; layout of all adjoining
streets; zoning classification of the tract
and adjacent properties; location of existing
improvements and any other significant
features.
B. ~pom-Fe=e*pt-of-the-s~atemen~-and-p}am-the-B&Fee~eF
sba½½ d~str&bute-eop&es-~o-~he-membeFs-o~-the
Subd~v~s~-e~mm~ee-a~d-adv~se-~he-deve~per-of
eomm~ee= Upon receipt of the statement and Dla~
%be Director shall within 7 calendar days review
the proposed.~ubdivis~oB ~aster plan ~nd advise
developer of an applicant conference described ~n
Article VIII. Section 4, hereof. ~ter the
~pplica~t conference the D~reGtor sha~l withiB ~4
~a~endar day~ pr0v~d~ the aDDlicaB~ a written
advisory iBdicat~Dq whet~e~ O~ ~ot..t~e
pre-application is satisfactory. If the
pr~-aDDlication is satisfactory, the developer may
proceed with the preparation and formal application
for approval of the master plan as required by this
Ordinance.
C. The-re=ommenda~&ons-o~ Any advisory by the
S~Bd~w&s~-eomm~ee Director shall not be
construed as indicating approval of the master plan
and shall only be general statements designed to
Words-s~m=k-~h~ugh are deleted; words underlin~ are added,
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035 !72
assist the subdivider.
D. Any developer aggrieved by an action of the
S~bd~v&s~e~-eemm&~ee Director may request a
hearing before the Planning Commission if
necessary, in the first instance and the Boar~ of
County Commissioners on has ~be pre-application by
a request made in writing to the Director, stating
with particularity the matter to be presented to
the Planning Commission and;or Board of Countx
Commissioner~ and the reasons why such a hearing is
necessary. The Planning Commission or Board of
County Commissioners may, by motion duly made,
seconded and carried, grant the request for
hearing, and shall notify the developer if such
request has been granted or denied. This section
shall not be construed to create a right in the
developer to a hearing on the pre-application, and
the Planning Commission may refuse such a hearing
for any reason. If a hearing is granted, any
advice or recommendations of the Planning
Commission or Board of County Commissioners shall
be construed as advise only, and the Planning
Commission Qr Board of County Commissioners. shall
not be bound thereby, nor shall such advice be
construed in any way as to indicate conditional
approval of the master plan.
SECTION 3
Subdivision Master Plan ~Dd Plan Information
A. The term subdivision master plan as used in the
context of this Ordinance is for all intent and
purposes svnoDymous w~th the application for
approval of a Preliminary conceptual Plan of
~ubdivision as mav be DrODOSed bY the subdivision
Words-s~Hek-~h~h are deleted; words underline~ are added.
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0:35 , 173'
Naster Dian. In the context of the overall
approval process, leadina to development of the
land, it is the firs~ of a two-Phased apuroval
process. The subdivision master plan is the fir~
of the two approval stages, the second beina the
final plat and construction documents,
APProval of the subdivision master plan indicate~
conceptual approval of the layout of streets, lots,
parcels, utility easements, recreation areas, and
9~ber reservations necessary to facilitate the
infrastructure re~uirements of the land. Minor
changes may very well be ~:ecessarv at the time
preparation of final en~ineerina calculations and
d~termination of land required for draina~e,
environmental or other utility considerations.
AnY deviations in lot area or lot dimensions from
that indicated on the subdivision master plan shall
conform to the reauirements of the zonin~ district
in which said lots are located. Approval of the
subdivision master plan does not invest the
property with any right tQ d~veloP the land as
proposed if subseauent chan~es in local
requirements, state or federal law indicate that
the land cannot be developed as ~lrst anticipated.
AY B. A s~b~ivision master plan shall be submitted for
all proposed subdivisions. The subdivision master
plan shall conform to the requirements of this
section, e~ep~-whe~e-su~h-~equ~eme~s-hawe-bee~
Review of subdivision master plan by
eemmi~ee the Director.
(1) Twenty copies unless otherwise specified by
Words-s~ek-~h~eH§h are deleted; words underlined are added.
-17-
the Director of a master plan of the proposed
subdivision shall be submitted to the Director
for review ~d subsequent recommendation to
the Planninq Commission and Board of County
Commissioners, ~e~-p~aeemen~-em-ehe
Subd~v~s~efl-eomm~9~ee-agefl~
(2) The developer shall retain the services of an
engineer and a surveyor registered in Florida,
to prepare the master plan of the subdivision
and may employ a land planner, landscape
architect, architect or other technical or
professional services to assist in the
physical lotting patterns and site plan. The
master plan shall be coordinated with the
major utility suppliers involved with
providing services.
(3) The master plan, when submitted to the
Director shall contain the following:
(a) Name of subdivision or identifying title
which shall not duplicate or closely
approximate the name of any other
subdivision in the incorporated or
unincorporated area of Collier County.
(b) A vicinity plan showing the location of
the tract in reference to other areas of
the County.
(c) North arrow, graphic scale and date.
(d) Name, address and telephone number of the
develoDer, along with the name and
address of the engineer and surveyor
responsible for the plan, plat and
supporting data.
(e) The location and names of adjacent
Words-s%~ek-~h=eu~h are deleted; words underlined are added.
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,oo 03'5 175
subdivisions, if any, and plat book and
page reference.
(f) The tract boundary with bearings and
distances along with written description.
(g) Topographical conditions on the tract
including all the existing watercourses,
drainage ditches and bodies of water,
marshes and other significant features.
(h) All existing streets and alleys on or
adjacent to the tract including name,
right-of-way width, street or pavement
width and established centerline
elevation. Existing streets shall be
dimensioned to the tract boundary.
(i) Ail existing property lines, easements
and rights-of-way, their purpose, and
their effect on the property to be
subdivided.
(j) The location and rightuof-way width of
all proposed streets, alleys,
rights-of-way, easements and their
purpose along with the proposed layout of
the lots and blocks. Proposed street
names will be identified on all public or
private thorQuqhfares.
(k) The incorporation and compatible
development of present and future streets
as shown on the eE~a~-Ban~-Use-6u~de
Transportation E~ement Of The
Comprehensive Pla~ adopted by the Board
of County Commissioners, when such
present or future streets are affected by
the proposed subdivision.
Words-s~Hek-~h=~gh are deleted; words underli~e~ are added.
-19-
(1) Access points to collector and arterial
streets showing their compliance to the
access requirements established by this
Ordinance.
(m) Ground elevations by contour line at
intervals of not more than one foot
based on the "M~S~B=---~gzg-~a%Hmu NGV~.
Item "~" mav suffice for this info~-~oB
requirement where s~Qt elevations
been provided in sufficient number, and
distribution on a boundar~...surve¥ maD.
(n) Ail existing drainage district facilities
and their ultimate right-of-way
requirements as they affect the property
to be subdivided.
(o) Generalized statement of subsurface
conditions on the property, location and
results of tests made to ascertain
subsurface soil conditions and ground
water depth.
(p) Zoning classification of the tract and
all conti~uous proDerties.
(q) Utilities such as telephone, power,
water, sewer, gas, etc., on or adjacent
to the tract including existing or
proposed water treatment plants and
sewage treatment plants. The master plan
shall contain a statement that all
utility services shall be available and
have been coordinated with all required
utilities.
(r) Sites proposed for parks, recreational
areas, and school sites in accordance
Words-se~=k-~h~e~gh are deleted; words underlined are added.
-20-
with the existing ordinances requiring
dedication.
Dimensions of all development lots shall
be so noted and ~be area of each lot.
Lot areas and lot dimensions may be shown
on a legend as opposed to notation on
each lot.
(t) An environmental impact statement
pursuant to Ordinance No. 77-66 as
amended or superseded, ~geDt th~ th9
applicant may request an administrative
waiver of this provision where it is
apparent that no environmental
degradation will result from the
~ev~opment of the land or where a prior
environmental impact assessment was
prepared for the same area of land.
(u) ~ subdivision master plan shall consist
o~ a seri~S of mapped information sheets
to include but not limited to the
{iii)
~iv)
CQver Map Sheet
Boundary and TopoGraphic Survey
Subdivision Master Plan
Natural Features and VeGetative
Cover Ma~
Utilities and DrainaGe Plan
Aerial Map
The above mapped information may be
cQmb~ned o~ one or more maps if
determined appropriate bv the Director.
(4) A subdivision that generates one thousand
(1,000) ADT (Average Daily Traffic) or two
Words-s~rHek-~h~e~h are deleted; words underlined are added.
-21-
hundred (200) DHV (Design Hour Volume) must
submit along with the master plan, a traffic
impact analysis. The traffic impact analysis
shall be prepared by a professional engineer
and shall be used to determine the number of
lanes and capacity of the street system
proposed or affected by the development, based
on ultimate permitted development.
(5) A master drainage plan outlining the existing
and proposed surface and ground water courses
and their principle tributary drainage
facilities needed for proper drainage, water
management and development of the Subdivision,
shall be submitted along with the master plan.
The master drainage plan shall consist of a
plan and report indicating the method of
drainage, existing water elevations, recurring
high water elevations, the proposed design
water elevations, drainage structures, canals
and ditches and any other pertinent
information pertaining to the control of storm
and ground water. In cases where
modifications or improvements are not planned
for existing major water courses and their
principal tributary drainage facilities, this
requirement may be accomplished by so
indicating on the master plan.
(6) Upon filing the master plan with the Director
the developer shall pay a fee of two hundred
fifty dollars ($250.00). The fee is not
reimbursable but is to help defray the cost of
administering and processing the master plan.
If more than one re-submittal of the corrected
Words-s~=~ek-th~gh are deleted; words uDderlined are added.
-22-
or revised master plan is required an
additional fifty dollars ($50.00) fee shall be
charged for each re-submittal.
(7) Upon receipt of the master plan and required
data, the Director shall within 21 calendar
days con~u~ ~ review Q~ the proposed
subdivision master plan
e~mm~ee and advise the developer of the time
and place o~-%he-Sub~½v~s~ofl-e~mm~%~ee for a
conference meeting whe~ to discuss the master
plan.
(8) When the 8,b~¥~s~n-e~mm~ee Director finds
that the master plan and required data
complies with the provisions of this
Ordinance, the Director shall notify the
developer in writing within seven (7) days.
The ~ewe~oDe~ Director shall then schedule a
public hearing before the Planning Commission
to consider the master plan. Said hearing
shall be on a date certain, which shall be a
date upon which the Planning Commission shall
hold a regularly scheduled meeting. No
changes in the master plan shall be made after
approval of the master plan by the
e~mm~ee Director and prior to the hearing by
the Planning Commission except upon a
re-submission of the master plan to the
$~b~w~s~a~-e~mm~ee Director=
(9) When the Sub~&¥~s&~n-e~mm&%~ee Director finds
that the master plan and required data do not
meet the provisions of this Ordinance, the
Director, eha&~mam, within seven (7) days
Words-s~=u=k-~h~u§h are deleted; words underline~ are added.
-23-
shall inform the developer in writing of what
corrections or revisions are necessary to meet
the requirements of this Ordinance. Upon such
findings, the developer may make the
corrections or revisions and resubmit the
master plan and required data to the Director
for d~st~b~t~-t~-the-membe~s-e~-~he
S~Bd~v~s~om-e~mm~ee further review. The
S~bd~v~s~on-eomm~tee-sha~-~esehed~e-~he
sehed~}ed-mee%~n~= When the
eemm&t~ee ~ finds that the master plan
and required data meet the provisions of this
Ordinance, ehe
days, he shall so advise the Plan~lDg
Commiss$oD in sufficient time to a~ow them to
take uD the matter at their next regularlv
scheduled meet~Dq, shm~} s~-~he
e~-~h~s-e~d~mamee? Any stipulation aqreemeD~
~ade subject to the approval of the planninq
Commission shall be executed bv the developer.
in a form a~ceptable to the county Attornev,
prior to forwardinq the recommendation o£
approval to the County Board of commissioners.
(10) In the event that the Subd~v&s~em-eemm~ee
Directo~ finds that the master plan, and
required data does not meet the requirements
of this Ordinance, the developer may elect to
submit his master plan to the Planning
Commission for public hearing rather than
re-submit the master plan to the
eemm~ee Director. The developer shall
Words-s~Hek-~h=e~h are deleted; words underlined are added.
-24-
request a hearing in writing to the Director,
for a date upon which the Planning Commission
shall hold a regularly scheduled meeting.
Said request shall state that the
eomm~ee Director has found the master plan
not to be in conformance with the requirements
of this Ordinance, and shall state with
particularity the grounds upon which the
developer disagrees with the
e~mm~ee~s Director's findings.
C. Recommendation of approval of master plan by
Planning Commission.
(1) Fifteen ¢15~ copies of the Master Plan as
approved by the Director with all revisions
shall be submitted t0 the QSrector for
distribution to the members of the Planning
Commission and for confirmation of a~fected
a~encies that the plan reflects all revisions
if any to the Master PlaD requgsted by
Director,
~}~ (2) The Planning Commission shall hold a public
hearing upon due public notice at which the
master plan shall be considered. ~ The
Planning Commission shall recommend approval
or denial of the master plan. ~-sha~-~o~m
~he-dewe~o~e~= If the Planning Commission
does not recommend approval of the master
plan, ~ the Plannin~ Co~mission through
Oirector shall inform the developer and shall
within seven (7) days inform the developer in
writing, stating the reasons therefor.
~Z~(3} When the Planning Commission has
recommended approval of the master plan, it
Words-s%=~=k-~h=~gh are deleted; words underlined are added.
25
shall forward its recommendation and report to
the Board of County Commissioners.
~(4~ If the Planning Commission does not
recommend approval of the master plan, the
developer may re-submit the master plan to the
Subd~v~s~on-e~mm~t~ee Director. The
re-submittal shall be accompanied by a request
for reconsideration, stating the fact of the
Planning Commission's recommended disapproval
and stating with particularity the actions
taken by the developer to overcome or
eliminate the objections of the Planning
Commission. Any site plans or other drawings
submitted for reconsideration shall reflect
any changes made by the developer relative to
the reasons for disapproval. The Subd~w~s~
e~mm~ee Director shall then review the
master plan as re-submitted, and may hold a
meeting with the developer for further
information or clarification. When the
8ubd~v~s~e~-eomm~ee Director sh~ find~
that the master plan is ready for re-submittal
to the Planning Commission, ~ he shall so
inform the developer, wh~-sha}}-~hen-re~Hes~
a~d sha~ set the date for a public hearing on
the master plan in the same manner as the
original submission to the Planning
Commission. The Planning Commission shall
then hold a public hearing on the re-submitted
master plan and shall recommend approval or
disapproval as previously provided.
(5) In lieu of re-submitting the master plan
as herein provided, upon recommendation of
Words-s~m~=k-~hro~gh are deleted; words underlined are added.
-26-
disapproval of the master plan by the Planning
Commission the developer may request the
Director ~Q schedule a public hearing before
the Board of County Commissioners on the
master plan in the same manner as if the
Planning Commission had recommended approval
of the master plan. Sa&d-~eques~-~-pHb~e
hea~-Be~e~e-~he-Bea~d-sha~-be-ma~e-~
s~a~e-%ha~-~he-P~a~n~mg-e~mm~ss~n-has
meeemmended-d~sapp~ewa~-e~-~he-mas~er-p~a~-b~
ehe~-~he-~eve}epe~-w&shes-%e-su~m&%-sa~d
mas~e~-p~am-%e-~he-Bea=~-e~-ee~n~y
eemm&ss&eme=s=
,5~(6) Upon a recommendation of approval of the
master plan by the Planning Commission, the
director shall forward the recommendation of
the Planning Commission within seven (7) days
to the Clerk of the Board requesting a public
hearing before the Board on said master plan.
The request shall be for a public hearing on a
date certain upon which the Board of County
Commissioners shall hold a regularly scheduled
meeting. The public hearing shall be held
upon due public notice.
~6}(7) At the public hearing, the Board of County
Commissioners shall consider the report of the
SuB~&v&s~en-eemm&~ee Director and the
recommendations of the Planning Commission,
and approve the master plan, disapprove the
master plan or order the developer to resubmit
the master plan to the $~Bd&v~s&en-eemm&~ee
Director or the Planning Commission as
Words-s~ek-~h~eu~h are deleted; words underlined are added.
-27-
appropriate, for resolution of any preblems or
conflicts. For the purposes of this Ordinance
a disapproval of the master plan shall be
deemed as final action of the Board, but an
order of re-submission shall not be deemed
final action and the developer shall make a
good faith effort to resolve any problems or
conflicts that may exist with the
e~mm&%%ee Director or Planning Commission as
appropriate prior to a re-submittal of the
plan to the Board of County Commissioners.
D. Effect of approval of the Subdivision master plan.
(1) Approval of the Subdivision master plan by the
Board of County Commissioners shall entitle
the developer to prepare and submit the
construction plans and final plat as required
by these Regulations. No final plat or
construction plans shall be accepted for
review unless the master plan shall have been
first approved.
(2) It is hereby expressly declared that the
intent of this Ordinance is to create no
vested rights in the developer upon approval
of the Subdivision master plan, and the County
shall not be estopped to subsequently deny
approval of the final plat and/or construction
plans based on changes in Federal, State or
local laws or regulations, or upon any other
facts or circumstances subsequently arising or
considered which would adversely affect the
feasibility or desirability of the master
plan, nor shall the County be estopped to deny
any petition for re-zoning in which a master
Words-s~u=k-~hroH~h are deleted; words underlined are added.
28
plan is submitted in support of said plan.
(3) The approval of the master plan shall expire
at the end of one year extensions from the
date of approval. One year extensions for
submitting the final plat and construction
plans may be granted for good cause shown upon
application to the Board of County
Commissioners, however, the developer shall
have no right to such extension, the Board of
County Commissioners may deny the extension
for good cause, including changes in State or
local laws or regulations.
SECTION FIVE:
Article IX, Section 9 of Collier County Ordinance No.
76-6, as amended, is hereby amended to read as follows:
SECTION 9
Election to Complete Required Improvements After Recording
the Final Plat.
A. The developer may elect to complete the required
improvements after recording the final plat by posting
appropriate guarantees as further described herein. Said
guarantee shall be submitted to the Director and shall be
approved by the County Attorney and e~u~y-Em~eer Directo¥
prior to approval of the final plat by the Board of County
Commissioners. All guarantees shall be ~.ncorporated in a
bonded agreement for the construction of the required
The guarantee shall be in one of the following
improvements.
forms:
(1)
Cash Deposit - The developer shall deposit
with the County or place in an account subject to the
control of the County, cash in the full amount of 110%
of engineering and construction costs for the
installation and completion of the required
Words-s~ek-~h~h are deleted; words underline~ are added.
-29-
,oo 035 , 186
improvements. The developer shall be entitled to secure
draws from such deposits or accounts as installations
progress at stages not more frequently than monthly. A
draw from such cash deposit or account shall be made
only when the cash remaining on deposit shall equal 10%
of the total contract cost to complete construction
all reauired imDro%~nts, plus 100% of the estimated
cost to complete the remaining portions of the required
improvements. The eoun~y-En~ee~ Director shall also
have the right to refuse to approve any requested draw,
so long as the developer fails to be in compliance with
any of the terms and conditions of the plat or plans and
specifications for the required improvements. The
developer shall be entitled to receive all interest
earned on such deposit or account. The County, after
sixty (60) days' written notice to the developer shall
have the right to use such cash deposit or account to
secure satisfactory completion of the required
improvements in the event of default by the developer or
failure of the developer to complete such improvements
within the time required by this Ordinance.
(2) Personal Bond with Letter of Credit - The
developer may furnish to the County his personal bond
secured by an unconditional and irrevocable letter of
credit, in an amount equal to 10% of the total contract
cost to complete construction of all required
improvements, plus 100% of the estimated cost to
complete the remaining portions of the required
improvements. The letter of credit shall be issued by a
State of Florida or United States banking institution to
the County. During the process of construction, the
eoun~y-En~ee~ Director may upon request reduce
annually, the dollar amount of the bond on the basis of
Words-s~=u=k-~h=ough are deleted; words underlined are added.
-30-
work completed, provided, however, sufficient funds
shall remain to complete the required improvements. The
County, after sixty (60) days' written notice to the
developer, shall have the right to use any funds
resulting from drafts on the letter of credit to secure
satisfactory completion of the required improvements in
the event of default by the developer of failure of the
developer to complete such improvements within the time
required by this Ordinance; or
(3) Surety Bond- The developer may furnish to the
County a surety bond obtained from a company having a
Best's rating of AAA, guaranteeing that within the time
required by this Ordinance, all work required will be
completed in full accordance with the plat and all
conditions attached thereto, copies of which shall be
attached to and constitute a part of the bonded
agreement. Said bond shall be in the amount equal to=
10% of the total contract cost to complete construction
of all re~ired imp~ovements, plus 100% of the estimated
cost to complete the remaining portions of the required
improvements. During the process of construction, the
ee~n~y-En~nee~ Director may upon request reduce,
annually, the dollar amount of the bond on the basis of
work completed. The County after sixty (60) days'
written notice to the developer shall call on the bond
to insure satisfactory completion of the required
improvements in the event of default by the developer or
failure of the developer to complete such improvements
within the time required by this Ordinance.
(4) First Mortgage on Real Property: The developer
may execute a first mortgage in favor of the County,
conditioned upon completion of the required
improvements. The property conveyed by said first
Words-s~uek-~h~ugh are deleted; words underlined are added.
-31-
mortgage shall not be any part of the property proposed
to be subdivided. The value of the property so conveyed
shall be determined by the assessed valuation as
established by the County Property Appraiser for the
current year and shall be equal to 110% of the
engineering and construction costs for the installation
and completion of all the required improvements. A
partial release of mortgage shall be executed only when
the value of the remaining encumbered properties shall
equal 10% of the total contract cost to complete
construction of all reauire~ improvements, plus 100% of
the estimated cost to complete the remaining portion of
the required improvements. The mortgage shall be in a
form approved by the County Attorney and shall be
accompanied by a certification by an attorney licensed
to practice law in Florida or by an abstract or title
company showing title in the developer and stating that
there are no liens or encumbrances on the property
superior to the proposed mortgage. Ail recording fees,
stamps, and other costs shall be paid by the developer.
In the event that the aPPropriate auarantees described
herein include utility facilities, the performance security
required by Collier County Ordinance NO. 88-76. as amended.
shall not be required.. However, notwithstandinq this
provision, performance securitv shall be required on all
pro~ects, when aPPlicable, during that period be~innin~ with
acceptance O~ the ~mprovemeDts add endinq upon satisfactory
final inspection as described in Article XIII hergQf oF
Collier Countv Ordinance No. 88-76. as amended,
SECTION SIX:
The "Collier County Subdivision Regulations", Ordinance
No. 76-6, as amended, Article XIII, Section 1 and 2 shall be
amended to read as follows:
Words-s~rHek-~h~Hgh are deleted; words underlined are added.
-32-
ARTICLE XlII
ACCEPTANCE AND MAINTENANCE OR REQUIRED IMPROVEMENTS
SECTION 1
Workmanship and Material Agreement
The Developer shall execute an agreement guaranteeing
the required improvements against defect in workmanship and
material for eme-yea= the PeriQd bg~inninG after acceptance
of s~eh all re~uire~ improvements by the Board of County
Commissioners and ending uPOn comnletion of a satisfactQry
final insDectiog, Said Agreement shall be submitted to the
County Engineer along with the completion certificate ama ~
project records ~nd performance security in an amount equal
to ten Percent (10%) o~ the cos~ of required improvements,
Performance security shall be in a form identified in Article
IX hereof.
SECTION 2.
Acceptance of Dedication and Maintenance of ImDroveme~
- The dedication of public space, parks, rights-of-way,
easements or ehe-}~ke other required improvements e~-~he-D}a~
shall not constitute an acceptance of the dedication by the
County. The acceptance of the dedication shall be indicated
by a Resolution adopted by the Board of County Commissioners
stating that the Developer attests that all improvements meet
or exceed the standards set forth by this Ordinance.
~reliminary ~Dd final inspections.of all requ%yed
improvements satisfactory to the county shall be required.
Preliminarv inspection of the completed improvements %s
re~ired prior to any conveyance to or acceptance bY th~
Board of County Commissioners of any reGuired improvements.
During Preliminary inspection, the reGuired improvements wil%
b~ ~hecked for compliance with the approved construction
drawin~s. In a__d~i~ion, revisions or deviations fro~ ~he
~DDroved construction drawinqs shal~ be identified and
Words-s~mHek-~h~e~gh are deleted; words underlined are added.
-33-
explained in writin~ by the Engineer of Record. All
improvements must be in full comDliance with the approved
record drawings prior to submission to ~he ~oard. The final
inspection shall be con~u~d no later ~ban one year after
acceptance of the reGuired imDroveme~%~ by the Board. Durin~
final inspection, the facilities will b~ ~M~ined for any
defect in materials and workmanshio and for Dhvsical and
operational compliance with the approved record drawin~
AnY performance security submitted by the Developer sh~l
remain in effect until the final inspection has been
satisfactorily comD~e~e~ ~Bd the Developer has been so
notified in writinG. The County Engineer upon satisfactory
completion of the improvements and receipt by the County
Engineer of a statement attesting to such completion by the
Developer's Engineer, shall if in agreement, certify that the
Developer has complied with all the provisions of this
Ordinance and acceptance of the dedications and when
applicable, the maintenance of the required improvements.
Upon such recommendations the Board, by Resolution, shall
approve the subdivision, the dedications on the plat and the
maintenance responsibilities of the required improvements.
SECTION SEVEN:
Conflict and Severability
In the event this Ordinance conflicts with any ¢.=h=:
Ordinance of Collier County or other applicable law, the more
res=rictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a
separate, distinct and indnpendent provision and such holding
shall not affect the validity of the remaining portion.
Words-seeHek-~h~e~h are deleted; words uBderlined are added.
-34-
101
SECTION EIGHT:
Effective Date
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
-- DATEDu ,Ap{il 11 1989
ATTEST:' '
JAMES C. GILES, CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
COUNTY ATTORNEY
SUB REG ORDINANCE DUP
md
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~0R-T L. SAUNDERS, CHAIRMAN
Secretary of Stat?'s ~ffice=l~e-
ond ac~edgement o~ that
firing receiv~ ~~ day
Words-s~=uBk-~hre~h are deleted; words underlined are added.
-35-
035,, 192
STAT~ OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-24
which was adopted by the Board of County Commissioners on the
11th day of April, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier Cour. ty, Florida, this 24th
day of April, 1989.
JAMES C. GILES
Clerk of Courts and Clerk.
Ex-officio to Board of'''
County Commissioners
By: /s/Maureen Kenyon
Deputy Clerk