Ordinance 83-17O~NANCE 83- 17
AN ORDINANCE AMENDING ORDINANCE 76-6,
ARTICLE XlV, SUBDIVISION REGULATIONS OF
COLLIER COUNTY, TO PROVIDE FOR THE WAIVER
OF A PLAT AND THE FILING OF CONDOMINIUM OR
HOMEOWNER'S ASSOCIATION DOCUMENTS WHERE AN
APPROVED PLANNED UNIT OF DEVELOPMENT PRO-
VIDES PRIVATE ROADS, STREETS, AND DRAINAGE
SYSTEMS, ADEQUATE AND NECESSARY PHYSICAL
IMPROVEMENTS AND A UNIFORM HOME-OWNER'S OR
CONDOMINIUM ASSOCIATION; AND TO PROVIDE AN
EFFECTIVE DATE:
WttEREAS, the proposed amendment is in the interest of textual
clarity for present and future interpretation; and
NOW THEREFORE BE IT ORDAINED by the,Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
Article XIV is hereby amended to read as follows:
P~ANNtlg-~N-~t:-gFi¥~9PMEN',I:,t--P.t anned-W~le-Beve½epmene-as-de6 ined-tn-ehe
.f~e~-~ppr~v~-ef-t~e-M.~e~-P~nn-ns-~eq~ed-by-the-~en~ng-G~d~enee.
s ee.te-..d-.se f.~-vn~e-~ee-e.~e.-en~eyme.~-eoenb~nhed-i~-~he
I'LANNED UNIT DEVELOPMENT: '.
SECTION 1
(a) If the road~. ~treet~ water nnd ~ewer and drnlnase ~7~te~ to b
constructed vtthtn an approved Planned ~ntt Development (PHD) are nor
Intended or required to be dedicated to the CountT~ the Comun~t7 Dev-
elopment Administrator m~7, on request of the developer of the PUD,
waive ~nv requlrement ~hlch m~gh~ exist under the~e resualtlon~ for the
Developer to file and record ~ plat of the land ~tthtn the PUD ~f the
~dmtnt~trator dete~ne~ that n Prope.rtF ~er~, ~oct~tton~ ~ defined
tn ~rttcle V of the~ ~ubd~vt~on res~l~tton~~ ~tll be created for the
purpose of ma~ntatntn~ ~uch road~. ~treet,, drainage and water and se~er
~y~tem~ to be constructed ~tth the PHD~ ~nd thn~ ftlln8 nnd recordtn8
a pint of the land t, not neces~srF t.o protect ~he cubl~c lntere~t.
{b) The Administrator maZ decline to ~rant a waiver hereunder if he
determines that there are,objectives to the subdivision re~ulations
which cannot be carried out with respect to such PUD unless a plat
is filed and recorded. Notwithstandins any Such waiver, the design
and construction of the roads~ streets~ water and sewer utilities
and drainage systems within an~ such PUD will continue to be subject
to all applicable Count~ Ordinances and resulations other than for
platting.
..(c) The decision of the Administrator ma~ be appealed to the Board
of Count~ Commissioners b~ an~ affected person.
All words e~eeeh-~h~eegh are deletions and all words underlined are
additions.
5~G'rIUN Z
(a~. A developer proceedinB under a waiver of plat as established in
Section I shall submit to the County~ as a part of the construction
drawings, a site plan showin~t in relation to the PUD property, the
boundaries of all utlit~ and water manaBement areas within the PUD
over which easements are to be reRuired by the County and applicable
private utilities pursuant to requirements of County ordinances and
re~ulations. Each such easement shall be labeled or identified in
such s manner ss to indicate its purpose and distin~uish it from
all others,
(b) If the plans for the entire PUD are not definittve~ or the
Developer is not then prepared to commence improvements to the entire
PUD, the plan may be limited in scope to that phase of the PUD that
the Developer is then planntn~ to. improve, but as a condition to the
issuance of buildin~ permits in other phases~ the Developor shall
submit such plan with respect thereto, ,
SECTION 3
(a). As and when the PUD ia developed with utility and water management
improvements, easements, sa reRuired~ shall be ~rsnted to the County
and.applicable private utilities~ .as the case may be, over the areas
required to properly service and maintain said utilities and stormwater
management systems.
(b) The final easement dedication exhibit(s) shall be prepared ,in
accord with the provisions of F.S. 472.027 and shall set forth both
legal description and plan view of the easement locations. The
exhibit shall also display project roads, parking areas and buildings
to clearly set forth the relationship between said easements and site
improvements. In the event that condominium documents are filed
pursuant to Chapter 718~ Florida statutes~ copies of said documents
shall be filed with the Administrator.
(c) The easement locations set forth on the easement dedication
~xhibit(s) shall reflect the final, as eonatructed~ location of
respec
rive utlittes and stormwater management systems. Said easement dedi
cation exhibit(s) shall be subject to si.~nature thereto by the County
Engineer and County Utility Administrator indicatin~ their approval
as to easement(s) location and dedication.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice that
it has been filed with the Secretary of State.
DATE: March 22~ 1983
ATTEST: ~ /~
BOARD OF COUNTY CObfiMISSIONERS
COLLIER COUNTY, FLORIDA:
MAR'Y-F/.ANCES KRUS E, CHAIRMAN
World Tennis Center
All words e~eueh-~hfeugh are deletions and all words underlined are
additions.
0i7
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of:
ORDINANCE NO. 83-17
which was adopted by the Board of County Commissioners during
Regular Session the 22nd day of March, 19~3.
WITNES~ my hand and the official seal of the Poard of
County Commissioners of Coll~er County, Florida, this 23rd
day of ~arch, 1903.
WiLLI.~ ,1. REAGA~
Clerk o~ Courts and Clerk ..,
Ex-officio to ~oa~d of.~-' ., ',,
County C~om~fss[oners.' ,'" "..".'.' .... ,,'";
~pu~ Cl~R '. ~ ~: . : .. ~z,...
i .,'. -;". ~;' ',~:.:
.... ' ' 'h~-.' 4'
t oox 0i7 ii7