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Ordinance 76-06 409611 O~DZNAZ, iCS NO. 76-6 county ~Ec 6 ~ 2 PAGE COLLIER COUNTY BOA~ OF COUN~ CO~,M4ISSIONERS C. R. "Russ" Wimer, Chairman Clifford Wenzel, Vice Chairman Thomas P. Archer Stephen G. Mitchell David C. Brown CLERK OF CIRCUIT COURT Margaret T. Scott COUNTY MANAGER M. D. Cunningham COUNTY ATTORNEY Donald A. Pickworth COUNTY ENGINEER Irving L. Berzon, P.E. COASTAL AREA PLANNING CO~ISSION G. Norman Bacon, Chairman W. H. Schroeder, Secretary Eugene H. Pratt Paul L. Frank John A. Pistor William McGrath Rodney Lauer Edward J. Oates, Alternate I,amar Gable, Vice-Chairman, (Resigned 10/30/75) Thomas R. Peek, (Resigned 12/11/75) DEPARTMENT OF COM~IUNITY DEVELOPMENT STAFF PARTICIPANTS Neno J. Spagna, Director Carl A. Clemmer, ?~ning Director Wafaa F. Assaad, Associate Planner Richard L. Woodruff, Senior Planner ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE II - III - IV - V - TABLE OF CONTENTS TITLE AUTHORITY AND INTENT ................... 1 StlORT TITLE '~ 3 AASIITO ..................................... 5 Abutting Properties ........................ 5 Access ................................. ' .... 5 Access Waterways ........................... 5 Applicant .................................. 5 A.S.T.M .................................... 6 Block ...................................... 6 Board ...................................... 6 Building ................................... 6 Building Line .............................. 6 Building Site .............................. 6 Buildable Area ............................. 7 Bulkhead ................................... 7 Bulkhead Line .............................. 7 Centerline ................................. 7 Certified Survey ........................... 7 County Commission .......................... 7 County Engineer ............................ 8 Court ...................................... 8 Crosswalk .................................. 8 Cul-de-sac or Dead-End Street .............. 8 Department of Community Development ........ 8 Department of Transportation ............... 9 Developer .................................. 9 Developer's Engineer ....................... 9 Director ................................ ... 9 Due Public Notice ......................... 10 Easement .................................. 10 Engineering Department .................... 10 Flood Plain ............................... 10 FBV ....................................... 11 Health Department ......................... 11 Highway ................................... 11 Impact Stateraent .......................... 11 Inundation ................................ 11 Lot ....................................... 11 LBR ....................................... 12 Master Drainage Plan ...................... 12 Master Plan ............................... 13 M.S.L ..................................... 13 Official Land Use Guide ................... 13 Planning Commission ....................... 13 Plat ...................................... 13 TABLE OF CONTENTS (Cont.) ARTICLE V - DEFINITIONS (Cont.) COU~TY~£C 6~2 ?,6, D~'~762 Plat, Final ................................ 13 Plat of Record ............................. 13 Property Owner's Association1 ............... 14 Public Utility ............................. 14 Record Construction Plans .................. 15 Right-of-Way ............................... 15 Sewerage System, Central ................... 15 Sewerage System, Individual ................ 15 Shoreline .................................. 16 Sidewalk ................................... 16 State Standards ............................ 16 Street ..................................... 16 Street Collector .......................... 16 Street Cul-de-sac ......................... 16 Street Expressway ......................... 16 Street Limited Access ..................... 17 Street Local .............................. 17 Street Major Arterial ..................... 17 Street Marginal Access .................... 17 Street Minor .............................. 18 Street Minor Arterial ..................... 18 Street Private ............................ 18 Street, Public ............................. 18 Subdivider ................................. 18 Subdivision ................................ 18 Surface Waters ............................. 19 Surveyor ................................... 19 Traffic Control Devices .................... 19 Waterfront ................................. 20 Yard, Generally ............................ 20 Yard, Gulf ................................. 20 Yard, Front ................................ 20 Yard, Side ................................. 21 Yard, Rear ................................. 22 Yard, Special .............................. 22 Yard, Waterfront ........................... 23 Zoning Code ................................ 23 ARTICLE VI - APPLICATION OF ORDINANCE ..................... 23 ARTICLE VII - VARIANCES, EXCEPTIONS & MODIFICATIONS ........ 24 Section 1 Section 2 Section 3 Section 4 - Administration of Variances ................... 24 - Exceptions .................................... 28 - Modifications from this Ordinance for an Approved Master Plan ........................ 30 - Appeals ....................................... 32 ARTICLE VIII - ADMINISTRATION OF ORDINANCE .................. 34 Section 1 - Responsibility for Coordination & Enforcement of Provisions ............................... 34 ii TABLE OF CONTENTS (Cont.) COL[I[~ nFF cou iv 64'2 PAGE 1763 ARTICLE VIII - ADMINIST]t~?ION OF ord~INA~CE (Cent,) Section 2 - SuSdivision Committee ................... 34 Section 3 - Duties of Subdivision Committee . ........ 34 Section 4 - Subdivision Committee Meetings .......... 34 Section 5 - Information, Advice or Recommendations .. 35 ARTICLE IX Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 ARTICLE X Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 - STANDARD PROCEDURES .................... 36 - Zoning .................................. :36 - Pre-Application ......................... 36 - Master Plan ............................. 38 - Construction Plans ....................... 48 - Final Plat .............................. 52 - Procedure for Approval of Final Plat .... 60 - Approval of Final Plat by Board of County Commissioners ......................... 62 - Election to complete required improvements before recording final plat ........... 63 - Election to complete required improvements after recording final plat ............ 64 - REQUIRED I~ROVEM~ENTS .................... 67 - Access to Public Roads .................. 67 - Alleys .................................. 67 - Bridges & Culverts ...................... 67 - Buffer Areas (Screening) ................ 68 - Canals .................................. 68 - Clearing, Grading, Filing ............... 69 - Drainage ................................ 69 - Easement ................................ 70 - Elevation, Land Filling, Excavation & Dumolition ............................ 70 Section 10 - Fire Hydrants ........................... 70 Section 11 - Monuments & Control Points .............. 71 Section 12 - Parks, Recreational Areas & School Sites. 71 Section 13 - Plantings, Trees, Grass, etc ............ 71 Section 14 - Sanitary Sewage ......................... 72 Section 15 - Seawalls, Bulkheads, Piers, Docks, Shoreline & Waterway Alterations & Additions .... 73 Section 16 - Sidewalks & Bycicle Paths ............... 74 Section 17 - Solid Waste Collection & Handling ....... 75 Section 1~ - Streets ................................. 76 Section 19 - Street Name Markers & Traffic Control Devices ............................... 76 Section 20 - Street Lighting ......................... 77 Section 21 - Traffic Signals ......................... 78 Section 22 - Traffic Safety Devices .................. 79 Section 23 - Trees & Shrubs .......................... 79 Section 24 - Utility Casings ......................... 80 Section 25 - Water System, Central ................... 80 ~RTICLE XI Section 1 Section 2 - DESIGN REQUIREt~NTS .................... 83 Access .................................. ~3 - Alleys ................................ ;. 84 iii TABLE OF CONTENTS ICont.) ARTICLE XI Section 3 Section 4 " Section 5 Section 6 Section 7 Section 8 COLLI[R OFF - DESIGN REQUIRE[~NTS (Cont.) - Blocks .................................. 85 - Bridges ................................. 85 - Canals .................................. 86 - Commercial & Industrial Land Developments or Subdivisions ....................... 86 - Easements ............................... 87 - Fire Hydrants ........................... 88 Section 9 - Median Strips & Entranceways ............ 90 Section 10 - Monuments ............................... 91 Section 11 - Seawalls, Bulkheads, Piers, Docks, Shoreline & Waterway Alterations & Additions .... 91 Section 12 - Sewage System, Central .................. 92 Section 13 - Sewage System, Individual ............... 93 Section 14 - Sidewalks ............................... 94 Section 15 - Soils ................................... 95 Section 16 - Solid Waste Collection & Handling Facilities Section 17 - General ................................. 97 Section 18 - Traffic Control Devices ................ 108 Section 19 - Utilities .............................. 108 Section 20 - Utility Installation ................... 109 Section 21 - Utility Casings ........................ 110 Section 22 - Water Management ....................... 110 Section 23 - Water System, Central .................. 121 Section 24 - Water System, Individual ............... 122 Section 25 - Water & Sewage Treatment & Processing Plants ............................... 123 ARTICLE XII - CONSTRUCTION OF REQUIRED IMPROVEMENTS. 124 Section 1 - Construction Methods ................... 124 Section 2 - Administration of Construction ......... 124 Section 3 - Measurements & Tests ................... 125 Section 4 - Completion Certificate ................. 125 Section 5 Time Extensions ........................ 126 ARTICLE XIII Section 1 - Section 2 - Section 3 - Section 4 - - ACCEPTANCE & MAINTENANCE OF REQUIRED IMPROVEmeNTS ........................ 126 Workmanship & Material Agreement ....... 126 Acceptance of Dedication & Maintenance of of Improvements ...................... 126 County Completion of Required Improvements ......................... 127 Failure to Complete Unrecorded Subdivision .......................... 128 ARTICLE XIV - PLANNED UNIT DEVELOPmeNT ............. 128 ARTICLE XV - REVERSION OF SUBDIVIDED LAND TO ACREAGE ............................ 130 ARTICLE XVI - CONFLICTING REGULATIONS PgPEALED ..... 13lA iv m ,county8 & 2 PAGE ARTICLE I TITLE, AUTHORITY AND INTENT AN ORDINANCE PRESCRIBING PROCEDURES AND STANDARDS FOR THE SUBDIVISION OF REAL ESfATE IN THE COASTAL AREA PLANNING DISTRICT, COLLIER COUNTY, FLORIDA AND FOR THE SURVEYING AND PLATTING THEREOF; PRO- VIDING FOR TITLE, AUTHORITY AND INTENT; PROVIDING FOR SHORT TITLE; PROVIDING FOR JURISDICTION; PRO- VIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING FOR ADMINISTRATION OF ORDINANCE; PROVIDING FOR STANDARD PROCEDURES; PROVIDING FOR REQUIRED IM- PROVE,~tENTS; PROVIDING FOR DESIGN REQUIREMENTS; PROVIDING FOR CONSTRUCTION OF REQUIRED IMPROVE- MENTS; PROVIDING FOR ACCEPTANCE AND MAINTENANCE OF REQUIRED TMPROVEMENTS; PROVIDING FOR PLANNED UNIT DEVELOPMENT; PROVIDING FOR DREDGE, FILL AND EXCAVATION; PROVIDING FOR PREVIOUSLY PLATTED SUBDIVISIONS; PROVIDING FOR VARIANCES AND EXCEP- TIONS; PROVIDING FOR PENALTIES AND PROHIBITIONS; PROVIDING FOR LEGAL STATUS. WHEREAS, Article VIII of the 1968 Constitution of the State of Florida vests county governments with powers of self-government as provided by general and special law; and ~EREAS, Section 125.01, Florida Statutes, vests counties with the power to establish, coordinate and en- force business regulations, building, housing, and related ARTICLE (Cont.) I COLLIER O£F cou~ ~c G & Z ?~GE 17 B 8 technical codes and regulations as are necessary for the protection of the public and to perform other acts not inconsistent with laws which are in the common interest of the pcop!e of the county and to exercise all powers and privileges not specifically prohibited by law; and ~{EREAS, Sections 125.01, 336.02, and 336.08, Florida Statutes, provide that counties have the power and authority to establish new roads and locate and change the same; and ~IEREAS, Chapter 163 and Special Acts, Chapter 67-1246, Laws of Florida, authorize the Board of County Commissioners to adopt, prescribe and promulgate rules and regulations governing the filing of plats and development of subdivi- sions, in order to aid in the coordination of land develop- ment in counties and incorporated municipalities in accor- dancc with orderly physical patterns; to discourage haphazard, premature, uneconomic, or scattered land development; to insure safe and convenient traffic control; to encourage development of economically stable and healthful communi- ties; to insure adequate utilities; to prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; to provide public open spaces for recreation; to insure land subdivision with installation of adequate and necessary physical improvements; to insure that the citizens and taxpayers of Collier County will not have to bear the Costs resulting from haphazard subdivision AI~TICLE I ...(Cont.) COlIIE~ OFF of land and thc lack of authority to require installation by the developer of adequate and necessary physical improve- ments; to insure the purchaser of land in a subdivision that n£ccssary improvements of las~ing quality have been in- stalled; and ~IEREAS, it is and will be expedient for the good government, public safety and general welfare of Collier County to regulate the filing of plats and developing of subdivisions within the unincorporated area of Collier County, Florida; and ~IEREAS, Section 125.01, Florida Statutes, Chapter 163, Florida Statutes, Chapter 67-1246, Laws of Florida, Special Acts of 1967; and Chapters 336.07 and 336.08, Florida Statutes, provide that the Board of County Commissioners may adopt ordinances and resolutions as may be necessary to exercise their powers. NOW, TIIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CO>NIISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to the above stated authority the following Articles and Sections shall be and are hereby adopted, including the Appendix attached hereto and made a part hereof. ARTICLE II SHORT T!TI,E This Ordinance shall be known as the "Collier County Subdivision RegulatioHs" ARTICLE III JURISDICTION Regulations set forth herein shall be applicable to SUPP. 1 1/8/76 ARTICLE III (Cont.) all subdivisions of land, as defined herein, in the Coastal Area Planning District of Collier County, as or hereafter established. ARTICLE IV PURPOSE The purpose of this Ordinance is to establish pro- cedures and standards for the development and subdivision of real estate within the Coastal Area Planning District of Collier County, Florida, in an effort to, among other things, insure proper legal description, identification, monuments/ion and recording of real estate boundaries; aid in the coordination of land development in Collier County, Florida, in accordance with orderly physical patterns; discourage haphazard, premature, uneconomic or scattered land development; insure safe and convenient traffic control; encourage development of an economically stable and healthful community; insure adequate utilities; prevent periodic and seasonal flooding by providing protective flood control and drainage facilites; provide open spaces for recreation; insure land subdivision with installation of adequate and necessary physical improve- ments; insure that the citizens and taxpayers of Collier County will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require' installation by the developer of adequate and necessary physical improvements' insure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed. COLLICGOFF A~TZCr,~ v COU~IV ~EC S&2 PAGE 1769 DEFINITIONS The following definitions are for the purpose of making clear and distinct thn language used in this Ordinance, except where specific definitions are used within a specific article or section of this Ordinance. For the purpose of such sections, the following terms, phrases, words and their derivations shall have tho meaning given herein when not inconsistent with the text. Words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is mandatory and the word "may" is permissive. AASHTO - The American Association of State Highway and Transportation Officials. ABUTTING PROPERTIES - Abutting properties are properties having ~ boundary line or a portion of a boundary line in con,on with no intervening public street. ACCESS - "Access" is the principal means of ingress and egress to a lot from a publicly dedicated right-of-way. ACCESS WATERWAYS - An "Access Waterway" is a waterway which is developed or constructed in conjunction with the division of real estate for the purpose of providing access by water to lots within a subdivision. APPLICANT - "Applicant" is the developer or his duly authorized representative who submits to the Director a plat and related plans for the purpose of obtaining approval thereof. PAGE 1770 ARTICLE V (Cent.) ASTM - The American Society for Testing and Materials. BLOCK - A bloc!< is the length of a street between the intersections of that street with two oth~r streets. A block, according to the context, may also be a parcel or parcels of land surrounded by public streets (other than alleys) or other physical barriers such as a watercourse. BOARD - The term "Board" or "County" as used herein refers to and shall mean the Board of County Commissioners of Collier County. BUILDING - A building is any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This defini- tion shall include tents, awnings, cabanas, or vehicles situated on private property and serving in any way the function of a building but does not include screened enclosures not having a roof impervious to weather. BUILDING LINE - The building line is the innermost edge of any required yard or setback, as the case may be. Except as specifically provided by the Zoning Cod~ as herein defined, no building or structure may be extended to occupy any portion of a lot streetward or otherwise beyond the building line. BUILDING SITE - A building site' is the lot or portion JJ~ J J ~u~. ~ 1/8/?~ ,MRTICLE V (Cont.) of a lot or lots used for a structure, the total area of which site is ascribed to'the building or structure for compliance with the Zoning Code as herein defined. BUILDABLE AP. EA - Buildable area means the portion of a lot or parcel remaining after required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on the percentage of the lot that may be occupied by b~ildings may require open space within the buildable area. BULKHEAD - A retainer wall or structure'designed to prevent erosion of land by water action. BULKHEAD LINE - A fixed line established in or along the Gulf, a river, watercourse, or other body of water, in order to fix and establish the maximum distance from thc shoreline within which filling may be permitted and bulkheads constructed. CENTERLINE - A line running parallel to the two edges of a right-of-way located, in general, halfway between the extreme edges of official and platted rights~of-way. CERTIFIED SURVEY - A survey, sketch, plan, map, or other exhibit bearing a written statement regarding its accuracy or conformity to specified standards signed by a registcrcd surveyor licensed in the State of Florida. COUNTY CO~ISSION - The term "County Commission" shall mean the Board of County Commissioners of Collier County. OFF co, r 1772 ARTICLE V (Cont.) COUNTY E~GINEER - The term "County Engineer" ~hall refer to the County Engineer of Collier County or his duly authorized representative. COURT - A court is an open space, other than a required yard, on the same lot with a building which is bounded on two or more sides by the walls of such building. A court can contain shrubs, statuary, trees, and yard furniture. An interior court is a court enclosed on all sides by the walls of a building or by walls and lot lines on which walls are permitted. An exterior court is a court opening on any front, side, or rear yard. CROSSWALK - A right-of-way within a block dedicated to the public use, ten (10) feet or more in width, intended primarily for pedestrians and from which motor propelled vehicles are excluded. CUL-DE-SAC OR DEAD-END STREET - The term "cul-de-sac" or "dead-end street" is a minor street with only one outlet terminating at one end with a circular turn around. DEPARTMENT OF COMMUNITY DEVELOPMENT - The Department of Community Development designated by the Board of County Commissioners as the County Building, Planning, Zoning, and Consumer Affairs staffs. COLLf[~ PAGE ]773 SUPP. 1 1/8/76 ARTICLE V (Cont.) DEPARTmeNT OF TRANSPORTATION - The term "Department of Transportation" shall refer to the Florida State Department of Transportation. DEVELOPER - A "developer" is any individual, firm, asso- ciation, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Ordinance to effect the subdivision of land in Collier County. Inasmuch as the subdivision plat is merely a necessary means to the end of assuring a satis- factory development under the terms of this Ordinance, the term "developer" is intended to include the term "subdivider", even though the persons involved in succes- sive stages of the project may vary. DEVELOPER'S ENGINEER - The term "developer's engineer" shall mean the project engineer who is a professional engineer registered in Florida, and engaged by the developer to plan and inspect the construction of the work required under this Ordinance to effect subdivision of land in Collier County. DIRECTOR - The "director" is the Director of the Department of Community Development of Collier County, Florida. OFF ~Ec 6 4 2 PAGE ARTICLE V (Cont.) DUE PUBLIC NOTICE - "Due public notice," as used in con- nection with the phrase "public hearing" or "hearings with due public notice," shall mean publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area, with the first such publication to be at least fifteen days prior to the date of the hearing and the second such publi- ,~ cation to be at least five days prior to the hearing. In addition, except where the hearing applies to all of the lands within the area, similar notices setting forth the time, place, and purpose of such hearing shall be mailed to the last known address of the owners of the property involved in or directly affected by the hearing, and such notices shall also be posted in a conspicuous place or places on or around such lots, parcels, or tracts of lands as may be involved in or directly affected by the hearing. Affi- davit proof of the required publication, mailing, and posting of the notice shall be presented at the hearing. EASEMENT - An "easement" is an interest in land granted for limited use purpose, but which does not convey title to real property. ENGINEERING DEPARTMENT - The Collier County Engineering Department. FLOOD PLAIN - The flood plain is that low-lying land l0 ARTICLE V (Cont.) that will be covered by the flood waters of a watercourse as a result of a twenty five (25) year storm. FBV - Florida Bearing Values; test method for determining soil bearings values, as set forth in Section 6-5.4 of Florida D.O.T. Standard Specifications, latest published Edition. HEALTH DEPARTMENT - The Collier County Health Department. HIGHWAY - Any public thoroughfare (Federal, State or County), the principal purpose of which is to afford pri- mary access to the general area in which it is located. IMPACT STATEMENT - A statement describing in sufficient detail the affect of the proposed development upon the economic, social, environmental and physical re- sources of the county and the area proposed for develop- ment. INUNDATION - "Inundation" shall mean water.Jin motion or standing or ponded water of sufficient depth to damage property due to the mere presence of water or the de- posit of silt or which may be a nuisance, hazard or health problem. LOT - For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum re- quirements of the zoning district in which it is located, for use, coverage, and area,~and to provide such yards and other open spaces as are required (p~vided that certain non-con~'rming lots of record at the effective ARTICLE V (Cont.) OFF 6Z, Z PAOE 1776 date of the zoning regulations or their amendment are exempted from certain of its provisions under the terms of Section 15.2, Non-Conforming Lots of Record). Such lot shall have frontage on a public street or on an approved private street, as set out in Section 8.6 Of the zoning Code as herein defined: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots o~ record, or of portions of lots of record; D. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of said Zoning Code. ~,BR - Limerock Bearing Ratio; test method for determining soil bearing values, as set forth in Section 6-5.4 of Florida D.O.T. Standard Specifications, latest published edition. MASTER DRAINAGE PLAN - "Master drainage plan" refers to an engineering drawing and a written report outlining the primary and secondary drainage facilities needed for the proper development of a specific increment of the unincorporated area of Collier County. 12 COLLIER O~F MASTER PLAN - A "master plan" shall be drawings which show the intended division and improvement of real pro- perty meeting the requirements of this Ordinance. M.S.L. Mean Sea Level 1929 datum (N.G.V.D. - National Geodetic Vertical Datum) as established by U.S.C. & G.S. or its successdr agencies, i.e., N.O.A.A.. etc. OFFICIAL LAND USE GUIDE - The official land use guide as properly enacted by the Board of County Commissioners for the physical and economic growth of the County and its constituent parts. PLANNING C05~ISSION - The Coastal Araa Planning Com- mission of Collier County, Florida. PLAT - The word "plat" when used herein shall be deemed to mean a map depicting the division or subdivision of land into lots, blocks, parcels, tracts, or other por- tions thereof, however, the same may be designated, prepared in accordance with the provisions of this Ordinance and those of any applicable law and/or local ordinance, which may be designated to be placed of record in the Office of the Clerk of the Circuit Court of Collier County. PLAT, FINAL - The "final plat" is a finished map of a subdivision accurately showing all legal requirements of the State Plat Law and the requirements of this Ordinance. PLAT OF RECORD - A "plat of record" is a plat which conforms to the requirements of the applicable laws of the State of Florida and ordinances of the County, which 13 ARTICLE V (Cont.) C0LL;~ O~'F cou~lY ~Ec 6/~Z PAGE 1778 has been accepted by the Board and placed in the offi- cial records of Collier County. PROPERTY OWNERS' ASSOCIATION - A "property owners' assocJation°' is a non-profit organization recognized as such under the laws of the State of Florida, operated under recorded maintenance and ownership agreements through which each owner of a portion of a subdivision, be it a lot, property or any other interest, is automa- tically a voting member, and each such men%bet is automa- tically subject to a charge for a pro-rated share of expenses, either direct or indirect for maintaining common properties within the subdivision, such as roads, parks, recreational areas, common areas and other similar properties. Within the text of this Ordinance, a proper- ty owners' association is considered to be a single entity for property ownership. As used in this Ordinance, the term "property owners' association" shall also be deemed to include a condominium or cooperative association, as defined in Chapter 711, Florida Statutes 1971, as amended, having a life tenure of not less than twenty (20) years, as well as a third party having an agreement with a con- dominium or cooperative association as permitted by Chapter 711, Florida Statutes, as amended. PUBLIC UTILITY - Any facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal, 14 COLLIER ~FF cou,tY Ec PAGE 1779 SUP~. 1 1/8/76 ARTICLE _~V_~____(Cont.) fire ?rotection service, or the like to the general public. RECOI~ CONSTRUCTION PLANS - Plans revised and corrected during and after project construction to display any significant revision or changes which occurred during ~le construction period. RIGHT-OF-WAY - A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric trans- mission line, oil or gas pipeline, storm drainage way, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way here- after established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right- of-way and not included within the dimensions or areas of such lots or parcels. SEWERAGE SYSTEMr CENTRAL - The term "central sewerage system" is a system for the collection and disposal of sewage, in accordance with the approval of requisite state and county agencies, residential dwellings, com- mercial, industrial, institutional or other uses and shall include pipes, pumps, tanks, treatment plants and other appurtenances which comprise the system. SE%~RAGE SYSTEMr INDIVIDUAL - An "individual sewerage system" is a system designed to serve one unit (as defined in the Health Code used by Collier County) comprised of pipes, tanks, and subsurface absorption field, or other approved treatment device, for handling and dis- posing of sewage wastes. ART ICI,E V (Cont.) SHOI~LI~4E - On tidal waters, the shoreline is that line between water and upland area which follows the general configuration of the mean high water line. On non-tidal waters, the shoreline is determined by the annual average water level. Boat slips and other man.- made or minor indentations are construed as lying land- ward of the shoreline and are construed as upland when computing the lot area of the waterfront property. SIDEWALK - That portion of a street or crosswalkway, paved or otherwise surfaced, intended for pedestrian use. STATE STANDARDS - Tho term "state standards" shall carry the same meaning as the term "department of transportation" as defined in this Article. STREET - A street is a public or approved private thorcughfare which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of access, regardless of the descriptive term used. STREETr COLLECTOR - A "collector street" is a street which carries traffic from local streets to arterial streets and includes the principal entrance streets of a subdivision or a development. STtLEET, CUL-DE-SAC - The term "cul-de-sac" street shall carry the same meanings as the term "cul-de-sac" as defined in this Article. STREET, EXPRESSWAY - An "expressway" shall be deemed to 16 ARTICLE V (Cont.) mean a street which is used only for the movement of vehicles providing for no vehicular or pedestrian access to abutting property, except for street access by grade separation inter- changes. Access to expressway is not permitted except at authorized and controlled points. The acquisition of right- of-way for expressways includes the acquisition of access rights thereto. '., STREET, LIMITED ACCESS - The term "limited access street" is a strip of land or highway or freeway which does not permit access except at authorized and controlled points. STREET¢ LOCAL - A "local street" is a street designed and maintained to provide access to abutting property. A local street is of limited continuity and not for through traffic. STREETr MAJOR ARTERIAL - A "major arterial street" is a street of higher classification than local streets and is used primarily for traffic traveling considerable distance within or through an area not served by an expressway. A major arterial is of considerable continuity, used primarily as a main traffic artery. limited access street. STREET, MARGINAL ACCESS - A major arterial may also be a A "marginal access street" is a street which is parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets and which has its principal pur- pose of relieving such streets from local service of abut- ting property by providing protection from conflicts with 17 4 ARTICLE V (Cont.) through traffic. A marginal access street may also be called a frontage street. STP~EET, MINOR - The term "minor street" shall carry the same meaning as the term "local street", as defined in Lhis Article. STREET~ MINOR ARTERIAL - A "minor arterial :!t~-eet" is . a street of higher classification than a local street and is used for continuous travel, primarily as a main traffic artery, but is more intermittent than a major arterial and carries more traffic for greater distances than a collector street. A minor arterial serves to carry traffic from collector streets to expressways and major arterials. STREET, PRIVATE - A "private street" is any street which has not been dedicated for public use and not accepted for ownership or maintenance by the Board of County Commissioners. STREET~ PUBLIC - A "public street" is any street designed to serve more than one property owner, and must be dedi- cated to the public and be accepted by the Board, unless it is a private street, allowed by the terms of this Ordinance. SUBDIVIDER - The term "subdivider" shall carry the same meaning as the term "developer", as defined in this Article. SUSDIVISION - "Subdivision" means the division of a 18 ARTICLE V (Cont.) '* orr cou, Y £c S&2 PAGE1783 ( ( parcel of land, whether improved or unimproved, into three (3) or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, or trans- fer of ownership or, if the creation of any street, easement or right-or-way is involved, any division of such parcel. However, the division of land into parcels of more than five (5) acres each not involving any change in street lines or public easements of whatsoever kind is not to be deemed a subdivision within the meaning of this Ordinance. The term includes a resubdivision and, when appropriate to the text, relates to the process of subdividing or to the land subdivided. SURFACE WATERS - "Surface waters" are those which have been precipitated on the land or forced to the surface in springs, and which have then spread over the surface of the ground without being collected into a definite body or channel. They appear as puddles, sheet or over- land flow and rills and continue to be surface waters until they disappear by infiltration or evaporation, or, until by overland or vagrant flow, they reach well- defined watercourses or standing bodies of water such as lakes or seas. SURVEYOR - A "surveyor" is a land surveyor registered in Florida. TRAFFIC CONTROL DEVICES -- A "traffic control device" -19- ARTICLE V (Cont.) C0ILI~ OFF is any mechanism used to regulate traffic, such as pave- ment stripping, signs, etc., excluding however, for the purpose of this Ordinance, any mechanical or electrical device, such as traffic lights. I~ATERFRONT - Any site shall be considered as waterfront premises provided any ur all of its lot lines abut on or are contiguous to any body of water at its normal level, including creek, canal, bay, gulf and river, natural or artificial, not including a swimming pool. -?:~RD, GENERALLY A "yard" , generally, is a required open space, othcr than a court, unoccupied and unobstruc- ted by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward; provided, however, that fences, walls, hedges, poles, posts, children's play equipment, and other custo.o mary yard accessories, ornaments, ~tatuary and furniture may be permitted in any yard subject to height limitations ~ requirements limiting obstructions to visibility. YARD, GULF - Any yard within Collier County abutting the Gulf of Mexico. YARD, FRONT - A front yard is a yard extending between side lot lines across the front of a lot adjoining a street. In the case of through lots, unless the prevailing front yard pattern'on adjoining lots indicates otherwise, front yards shall ~e provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Director may waive the requirement 2O 4 , ,160 ARTICLE V (Cont.) for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots, full depth front yards are required on both frontages. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Where lots in residential districts comprising forty (40) percent or more of the frontage on one side of a street between intersecting streets are developed with structures having an average front yard with a variation of not more than six (6) feet no building thereafter erected shall project beyond the average line so established. This provision applies in all residential districts. YARD~ SIDE - A side yard is a yard extending from the interior (rear) line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of th[ough lots, side yards shall 21 ARTICLE V (Cont.) CbLLI~G DFF cou~Iv ~c G ~ 2 PAGE extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established on both frontages shall be considered side yards. Width of a required side yard shall be measured in such a' manner that the yard established is a strip of the minimum width required by district regulations with its inner parallel with the side lot line. YARD~ REAR - A rear yard is a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall bo measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. YARD, SPECIAL - In case of irregularly shaped lots or unusual circumstances where minor variations in yards appear necessary, the director may allow smaller yards than are otherwise required in the district providing that: 1. The Director allows only yards that are similar to yards required elsewhere in the same district, and in no event allows yards over twenty five {25%) percent smaller than are required elsewhere in the same district. 2. The Director allows only yards that achieve the same purpose as required yards elsewhere in the district. ARTICLE V (Cont.) 3. The irregular shape is due to conditions over which the property owner has no control. 4. There is no reasonable remedy through acquisi- tion of adjacent land. YARD~ WATERFRONT - A waterfront yard is a yard required on waterfront property with depth measured from the shoreline. Waterfront property is hereby defined as property abutting on the Gulf of Mexico, bays, bayous, navigable streams, and on man-created canals, lakes, or impounded reservoirs. For the purpose of this Ordinance, any waterfront yard except Yard, Gulf shall be treated as a rear yard. ZONING CODE OR ZONING ORDINANCE - The terms "zoning code" or "zoning ordinance" are synonymous and refer to the Collier County Zoning Ordinance for the Coastal Area Planning District, Ordinance No. 74-42, as enacted, amended, or subsequently re-enacted. ARTICLE VI APPLICATION OF ORDINANCE Requirements of Platting and Prohibitions; Sale of Propqrty not in conformance with 'these Regulations. A. It shall be unlawful to create a subdivision of any parcel of real property except in conformance with the provisions of this Ordinance. B. No subdivision shall be platted or recorded nor shall any building permit for any structure to be constructed upon any parcel of land so subdivided be issued unless such subdivision meets all the provisions of this Ordinance and those of any applicable Laws of 23 ARTICLE VI (Cont.) the State of Florida, and has been set forth herein, or approved by the Board of County Commissioners under a previous subdivision regulation. C. It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of a of a subdivision of such land without having submitted a plan and plat of such subdivision for approval to the Board of County Commissioners as required by this Ordinance and without having recorded the approved subdivision plat as required. D. Failure to comply with the provisions of this Section shall not impair the title of land so trans- ferred or affect the validity of the title conveyed. However, a purchaser of land sold in violation of this Section shall, within one year from the date of purchase thereof, be entitled to bring an appropriate action to avoid such sale or to bring action against the seller for any damages which he suffers as a result of the seller's unlawful act, or both. ARTICLE VII VARIANCESr EXCEPTIONS AND MODIFICATIONS SECTION 1 Administration of Variances When because of the size of the tract to be sub- divided, its topography, the conditions or nature of adjoining areas or the existence of other unusual physical 24 Im I I cou~llv ~c S~ Z P/~G£ 17~ ~ ARTICLE VII (Cont.) SECTION 1 conditions, literal or strict enforcement of tho provi- sions of this Ordinance would cause an umusual, excep- tional, unnecessary hardship, or result in real diffi- culties 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 circum- stances 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 circum- stances do not result from the actions of the applicant or his predecessor in interest. (4) That the granting of the variances 25 m~ m m ARTICLE VII (Con t. } SECTION I (Cont.) 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 considered grounds for the issuance of a variance. B. The application shall be reviewed by the Subdivision Committee as herein defined in ARTICLE VIII and said committee shall within 30 days, submit its report and recommendations to the Planning Commission and the developer. Upon receipt of the report by the Subdivision ~ommittee the developer shall petition the Planning Commission for a public hearing on the variance. Said petition shall be in writing to the Director, requesting a hearing on a regularly scheduled meeting date of the Planning Commission. 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 7 days from the public hearing, with a copy to the developer. D. Upon receipt of the Planning Commission's decision, the developer sh~ll petition the Board of County Commis- sion for a hearing on the variance. Said petition shall be in writing, to the Clerk of the Board of County Comm/ssioners, requesting a hearing on a regularly scheduled meeting date of the Board of County Commissioners. COLL~E;I OFF cou, Y Ec 6&2 PAGE 1791 ARTICLE VII (Cont.) SECTION 1 (Cont.) E. The Board of County Commissioners shall hold a public hearing after due public notice on the proposed variance. Based on the Subdivision Committee 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 appli- cation 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 thie Ordinance; would not be injurious to the surrounding territory; would not impair tho desirable general development of the neighborhood or the com- munity, as proposed in the comprehensive plan; or otherwise be detrimental to the public welfare. F. In granting any variance the Board of County Commissioners may prescribe and require appropriate con- ditions 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 safeguards placed upon the variance by the Board shall 27 SUPP. 1 1/H/76 ARTICLE VII (Cont.) SECTION 3~(Cont.) be enforced by the Director and shall be considered as part of the provisions of this Ordinance. SECTION 2 EXCEPTION A. The requirements aa 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 spaco and improvements for the circulations, recreation, light, air and service needs of the tract when fully de- veloped 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 safe- guards as will secure substantially the objective and stan- dards 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, have prior approval of the planning commission and the Subdivision Committee. 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 Subdivision Committee for an exception from the require- ments 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 ::[68 courtly 2 PA6E ] ? 9 3 SUPP. 1 1/8/76 ARTICLE VII (Cont.) SECTION 2 (Cont.) development has already been prepared and/or approved, the rcquest shall =tare thc 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, request shall state the approximate date upon which the plan shall be submitted and the agency of county govern- ment to which said plan shall be submitted. The Sub division Committee shall review the request, and shall forward it to the Planning Commission and the developer along with its comments and recommendations, within thirty (30) days. Upon receipt of the report by the Subdivision Committee, the developer shall petition the Planning Comm/ssion for a public hearing on the exception. Said petition shall be in writing to the Director, requesting a hearing on a regularly scheduled meeting date of the Planning 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 reques~ until such time as the community development plan and program have been submitted and approved. The recommendation of the Planning Commission along with the Subdivision COLLIER OFF cou l¥ f L, 2 PAgE SUPP. 1 1/8/76 ARTICLE VII (Cont.) SECTTON 2 (Cont.) Committee report, shall be forwarded to the Board of County Commissioners within seven (7) days. D. Upon receipt of the Planning Commission's decision, the Developer 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 Board. The Board of County Commissioners shall hold a public hearing on due public notice, and may (1) approve the request (2) deny the request of (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. ARTICLE VII (Cont.) SECTION 3 ~.Iodifications from this Ordinance for an Approved Master Plan A. Where the developer has previously submitted a master develupment plan in connection with obtaining re- zoning prior to the effective date of these regulations, the requirements of these regulations relative to the m~ster 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 REC 6 2 PAGE 17 D 5 SDPP. 1 1/8/76 ARTICLE VII (Cont.) SECTION 3 (Cont.) 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 peition, 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 develop- ment plan as previously filed does not substantially conform to the requirements for a master plan as set forth herein. 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 tho differences between the requirements of these regulations an~ the previously approved plans and the reasons why the developer feels such modification is justified. C. The petition shall be reviewed by the Subdivision Committee, which shall schedule a meeting with the developer if in thc opinion of thc Committee such a meeting is deen%ed desirable. After said meeting and within thirty (30) days, the Subdivision Committee shall forward its report and recommendations to the Planning Commission. PAGE 171 ARTICLE VII (Cont.) SECTION 3 (Cont.) D. i~OLLIEI~ OFF SUPP. 1 1/8/76 Upon receipt of the Subdivision Committee'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 iieu 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 find- ings and recommendations to the Board of County Commissioners, which shall hold a public hearing after due public notice. Based on the Subdivision Committee findings and the Plan- ning 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 Plan- ning Commission is adequate in lieu of the require- ments of these Regulations; (3) That a master plan as required by these Regulations must be submitted. (:OLL~ OFF' SUPP. i 1/8/76 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. ARTICLE VIII AD~IINISTRATION OF ORDINANCE SECTION 1 Responsibility for Coordination and Enforcement of Provisions. For the purpose of coordinating, enforcing and administrating this Ordinance, the Director of Community Development shall be deemed the administrative officer of this Ordinance. SECTION 2 Subdivision Committee There is hereby established a Subdivision Committee consisting of the following members, or their duly authorized representatives: the Director of Community Development, who shall be Chairman; the County Environ- mental Advisor; the Director of Zoning; the County Engineer; the Director of the Collier County Health Department; and the Directors of any other departments or ag,noVon who the Board of County Commissioners may, by Resolution, from time to time appoint. SECTION 3 Duties of the Subdivision Committee. The Subdivision Committee shall review the pre- application, master plan and requests .~ exception, variance and modifications. SECTION 4 Subdivision Committee Meetings. The Subdivision Committee shall meet on the first 34 ARTICLE VIII SECTION 4 (Cont.) £~LUfH OFF cou,~v eec 642 PAGE 1799 ^ and third Wednesday of each month as called by the Chairman to review pre-applications, master plans or requests for variance exceptions and modifications. The Subdivision Committee meeting shall be a public meeting and interested persons shall have the right to present appropriate matter. SECTION 5 Information~ Advice or Recommendations. Information, advice or recommendations concerning the pre-application and master plan, other than proce- dural, shall not be given by individual members of the Subdivision Committee, but shall be rendered by the entire Subdivision Committee only at regular meetings. Procedural information shall be rendered by the Administrator of this Ordinance or his duly authorized representative. Upon receiving the approval as prescribed in the "Standard Procedures" ARTICLE IX for the pre-application and master plan from the Planning Commission, the developer's engineer and surveyor shall coordinate the preparation of the construction plans and final plat directly with the Office of the County Engineer. Upon approval of the con~mence- ment to work, the developer's engineer shall coordinate the construction of the required improvements with the Office of the County Engineer. 35 ARTICLE IX SECTION 1 Zoning COUtil¥~[~ SUPP. 1 1/8/76 ST~4DARD PROCEDURES Prior to approval of any master plan by the Board of County Commissioners the area to be subdivided shall have the appropriate zone district classification for the intended use. Master Plan approval may be processed con- cu£rently with a rezoning application. SECTION 2 Pre-Application The purpose of the pre-application procedure is to allow the developer and the Subdivision Committee the opportunity to consult informally prior to the preparation of the master plan and formal application to secure the Sub- division Committee review and Planning Commission approval of the proposed subdivision master plan. 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 for placement on the agenda of the Subdivision Committee. The written applicaticn shall contain the following: (1) Ten copies unless otherwise specified by the Director of a written statement generally des- cribing the condition of the site and the proposed development of the entire subdivision. This state- ment shall include but is not necessarily limited to data on existing covenants, location of utility I OLLI£H OFF SUPP. 1 1/8/76 ARTICLE ~X (Cant,) SECTION 2 (Cont.) facilities, general sail characteristics and informa- tion describing the subdivision proposed such as number of units, typical lot, public areas, anti- cipated 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 minimum size of 24" x 36" : a location plan showing the location of the land to be sub- divided; approximate 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. Upon receipt of the statement and plan the DlrucLor shall distribute copie~ to the members of the Subdivision Committee and advise the developer of the time and place of the Subdivision Committee meeting. After consultation with the Subdivision Committee the developer may proceed with the preparation and formal applicatioD for approval of the master plan as required COLLJ~ cau~l¥ ~c 6/.,Z PAOE 1802 ARTICLE IX (Cent.) SECTION 2 (Cont.) by this Ordinance. C. The recommendations of the Subdivision Com- mittee shall not be construed as indicating approval of the master plan and shall only be general statements designed to assist the subdivider. D. Any developer aggrieved by an action of the Subdivision Committee may request a hearing before the Planning Commission on his pre-application by a request made in writing to the Director, starting with particular- ity the matter to be presented to the Planning Commission and the reasons why such a hearing is necessary. The Planning Con~ission 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-applica- tion, and the Planni~lg Commission may refuse such a hearing for ahy reason. If a hearing is granted, any advice or recommendations of the Planning Commission shall be construed as advice only, and the Planning Commission shall not be bound thereby, nor shall ~uch advice be construed in any way as tO indicate conditional approval of the master plan. SECTION 3 Master Plan. A. A master plan shall be submitted for all proposed 38 lime IItll IIlI ARTICLE SECTION 3 COLLll~ O~F cou,lv ~c 6~Z PAGE I803 IX (Cont.) (Cont.) subdivisions. The master plan shall conform to the require- ments of this section except where such requirements have been modified pursuant to Article VII, Section 3. Review of master plan by Subdivision Committee. (1) Twenty copies unless otherwise specified by the Director of a master plan of the ~oposed subdivision shall be submitted to the Director for placement on the Subdivision Committee agenda. (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, archi- tect 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 pro- viding 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. 39 ARTICLE SECTION (cont.) 3 (Cont.) (c) date. COI, I.I~.R OFF cou il 6 2 PAOE 18 0 SUPP. 1 1/8/76 North arrow, graphic scale and (d) Name, address and telephone number of the developer, 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 subdivisions, if any, and plat book and ~ge reference. (f) The tract boundary with bearings and distances along with written description. (g) Topographical ~onditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshea 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 estab- lished centerline elevation. Existing streets shall be dimensioned to the tract boundary. (i) All existing property lines, easements and rights-of-way, their purpose, and their effect on the property to be subdivided. (J) The location and right-of-way width of all proposed streets, alleys, rights- of-way, easements and their purpose along with the proposed layout of the lots and blocks. (k) The incorporation and c6mpatible development of present and future streets as shown on the Official Land Use Guide adopted by the Board of County Commissioners, when such present or future streets are affected by the proposed subdivision. (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 (1) based on "M.S.L. - 1929 datum". COLL!U{ O~'F' ARTICLE SECTION IX (Cont.) 3 (Cont.) (n) All existing drainage district facili- ties and their ultimate right-of-way require- ments as they affect the property to be sub- divided. (o) Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil con- ditions and ground water depth. (p) Zoning classification of the tract. (q) Utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract including existing or proposed water treat- ment plants and sewerage 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 with exis- ting ordinances requiring dedication. (4) A subdivision that generates one thousand (1,000) ADT (Average Daily Traffic) or two 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 cou~lv ~cc S/~2 PAGE SUPP. 1 1/8/76 ARTICLE SECTION IX (Cont.) 3 (Cont.) 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 ele- vations, 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 improve- ments are not planned for existing major water courses and their principle 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 fifty dollars ($50.60). 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 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 distribute copies to the members of ~he Subdivision Committee and advise the developer of the time and place of the Subdivision Committee'meeting when the master plan will be considered. (8) When the Subdivision Committee finds that the ARTICLE SECTIOH IX (Cont.) 3 (Cont.) master plan and required data compiles with the provisions of this Ordinance, the Director shall notify the developer in writing within seven (7) days. The developer 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 sha_l be made after approval of the master plan by the Subdivision Co~mittee and prior to the hearing by the Planning Commission except upon a resubmission of the master plan to the Sub- division Committee. (9) ~en the Subdivision Committee finds that the master plan and required data do not meet the provisions of this Ordinance, the Chairman, within seven (7) days ~hall inform the developer in writing of what corrections or revisions are necessary to meet the requirements of this Ordinance. Upon such findings, the developers may make the corrections or revisions and resubmit the master plan and required data to the Director for distribution to the members of the Subdivision · Committee. The Subdivision Committee shall re-schedule the matter for review at the next regularly scheduled meeting. ;~qT ICLE IX (Cont.) SECTION 3 (Cont.) COLU[h coux Iv 6/.,2 PAGE 1808 SUPP. 1 1/8/76 When the Subdivision Committee finds that the master plan and required data meet the provisions of this Ordinance, the Chairman, within.seven (7) days, shall sign the master plan indicating its compliance with the provisions of this Ordinance. (10) In the event that the Subdivision Committee 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 Subdivision Committee. The developer shall 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 Subdivision Committee 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 Subdivision Committee's findings. C. Recommendation of approval of master plan by Planning Commission. (1) The Planning Commission shall hold a publlc hearing upon due public notice at which the master plan shall be considered. If the Planning Commission ARTICLE IX (Cont.) SECTION 3 (Cent.) OFF ~Ec 61~2 PAGE 100,9 shall recon~end approval of the master plan it shall inform the developer. If the Planning Commission does not recommend approval of the master plan, it shall inform the developer and shall within seven (7) days inform the developer in writing, stating the reasons therefor. (2) When the Planning Commission has recommended approval of the master plan, it shall forward its recommendat'Lon and report to the Board of County Commissioners. (3) If thu Planning Commission does not recommend approval of the master plan, the developer may re-submit the master plan to the Subdivision Committee. The re- ,ubmittal shall bo accompanied by a request for re- consideration, 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 sub- mitted for reconsideration shall reflect any changes made by the developer relative to the reasons for d].sapproval. The Subdivision Committee shall then review the master plan as re-submitted, and may hold a meeting with the developer for further information or clarification. When the Subdivision Con%mittee shall 45 COLI~ cou~v~c S~ P~OE 1810 ARTICLE I× (Cont.) SECTIOt~ 3 (Cont.) find that the master plan is ready for re-submittal to the Planning Commission, it shall so inform the developer, who shall then request 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. (4) In lieu of re-submitting the master plan as herein provided, upon recommendation of disapproval of the master plan by the Planning Commission the developer may request 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. Said request for public hearing before the Board shall be made in writing to the Clerk of the Board and shall state that the Planning Commission has recommended disapproval of the master plan but that the developer wishes to submit said master plan to the Board of County Commissioners. (5) 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. -46- ( ( COLLIE~ OFF SE:CTIO~) 3 (Cent.) 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) At the public hearing, the Board of County Commissioners shall consider the report of the Sub- division Committee 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 Subdivision Committee or the Planning Commission as appropriate, for resolu- tion of any problems or conflicts. For the purposes of this Ordinance a disapproval of the master plan shall be deemed as final action of thc 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 Subdivision Committee or Planning Commission as appropriate prior to a re-submittal of the plan to the Board of County Commissioners. D. Effect of approval of master plan. (1) Approval of the master pain 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 -47- ARTICLE IX (Cont.) SECTION 3 (Cont.) or construction plans shall be accepted for review unless the master plan shall have been 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 master plan, and the County shall not be estopped to subsequently deny approval of t~e 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 plan is sub- mitted 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, and the Board of County Commissioners may deny the extension for good cause, including.changes in State or local laws or regulations. SECTION 4 Construction Plans A. Upon approval of the master plan as herein provided, 1 313 ARTICLE IX (Cont.) SECTION 4 (Cont.) the developer shall, within one year from the date of the approval of the master plan, prepare and submit to the County Engineer the construction plans for all the improve- ments required by this Ordinance along with a $50.00 non- reimbursable fee to defray the cost of processing. The subdivision of a tract may be developed in two or more increments and the developer may submit construction plans in increments. However, it is to be noted that approval of the master plan expires in one year except where an extension has been granted, by the Board of County Commissioners upon petition for extension filed prior to the expiration of one year from the date of approval. B. The construction plans shall coincide with the master plan as approved by the Board of County Commissioners, and any major deviation desired by the developer must be reviewed and recommended by the Board of County Commissioners by application of the developer and re-submittal of all other requirements of Section 3B. of this Article. C. Construction plans for all the improvements re- quired by this Ordinance shall be prepared, certified, and sealed by the developer's engineer. The plans may be under separate cover for each of the following when required: (1) Paving, gradin%, and drainage; (2) Bridges; OFF PAGE 181/, ARTICLE IX (Cont.) SECTION 4 (Cont.) (3) Water and sewerage systems; (4) Street lighting, landscaping within public rights-of-way, parks, recreational areas and parking areas. Plans for street lights shall bear the approval of the requisite utility authorities involved if it is to be a public system. D. The plans shall be so complete that from them a complete review and analysis can be made without research of any outside data. The plans shall consist of and contain, but shall not be limited to: (1) A cover sheet, including a location plan; (2) Plan showing complete details including water, sewer and storm drainage systems; (3) A drainage map showing the complete drainage system including, but nob limited to, closed drainage areas, design high water, recurring high water, acreage, the effect to and compatibility of drainage of surface waters. The complete calculations used to design the system shall be attached; (4) Typical sections and summary of quantities; (5) Construction details showing compliance with State or County Standards; (6) Special profile sheets, if necessary, showing special or unique situations; (7) Bench mark, based on NOAA datum (MSL- 1929 5O ARTICLE IX (Cont.) SECTION 4 (Cont.) datum or N.G.V.D.). OFF COU,I~ ~C 6/-, 2 PAI]E 1815 BUPP. 1 1/8/76 (8) Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed. 9~ere non-pervious soils (commonly called hardpan) are encountered, the plans shall reflect a design to cope with-.such conditions acceptable to the County Engineer. (9) The construction plans and attachments shall contain special conditions and specification pertaining to the subdivision in note form on the plans; (a) Required compliance with this Ordinance; (b) Where applicable, required compliance with State Standards as currently adopted and in USe. (c) Minimum standards for materials~ (d) Test requirements for stabilization, base and backfill; (e) Source of water and sewer service; (f) Required installation of subsurface construction such as water lines, sewer lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction. E. The construction plans shall be reviewed by the County Engineer who shall accept or reject within PAGE AI':TICLE IX (Cent.) SECTION 4 (Cent.) 60 days and shall so notify the developer in writing; if disapproved the County Engineer shall specify the reasons in writing. F. Upon recommendation of disapproval of the con- struction plans by the County Engineer, the developer may request, in writing, a public hearing on the construction plans before the Board of County Commissioners. SECTION 5 Final Plat A. Two prin~of the final plat shall be submitted to the County Engineer. The final plat may be submitted along with the construction plans, or after submission of the construction plans, however, no final plat shall be submitted to the Board of County Commissioners for approval unless the construction plans shall hav~ been reviewed and accepted by the County Engineer. B. The final plat shall conform to the approved master plan and shall constitute only that portion of the approved master plan which the developer proposes to construct within a finite period not to exceed thirty-six (36) months. The improvements required by this Ordinance which apply to the final plat shall be completed within thirty-six (36) months from the date of approval of the final plat. 52 ARTICLE IX (Cont.) SECTION 5 (Cont.) C. 6 2 PAOE 1817 SUPP. 1 1/8/76 The final plat shall be dra%m or printed on 24 inch x 36 inch linen, chronoflex, mylar or other approved material. The final plat shall be prepared by a land surveyor currently registered in %he State of Florida and is to be clearly and legibly dra%m with black permanent drawing ink or veritype process to a scale of not smaller than 1 inch - 100 feet. The final plat shall be prepared in accordance with the provisions of Chapter 177, Florida Statutes, as amended, and shall conform to the following requirements: (1) Name of Subdivision - The plat shall have a title or name acceptable to the County. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision. (2) Title - The plat shall have'a title printed in bold legible letters containing the name of the subdivision; the name of the County and State; the section, township and range as applicable or if ~n a land grant, so stated; and if the plat is a replat, amendment or addition to an existinq subdivision, it shall include the words "section, unit, replat, amend- ment, etc." mm. mm~ m ARTICLE SECTION coo,lv~Ec G~2 PAGE 1818 suPP. 1 1/s/76 IX (Cont.) 5 (Cont.) (3) Description - There shall be lettered or printed upon the plat a full and detailed description of the land embraced in the plat. The description shall show the section, township and range in which the lands are situated or if a land grant, so stated, and must be so complete that from it without reference to the map the starting point can be determined and the boundaries run. (4) Index - If more than one sheet is required for the map, the plat shall contain an index sheet on Page 1, showing the entire subdivision on the sheet indexing the area shown on each succeeding sheet and each sheet shall contain an index delineating that portion of the subdivision sho%~ on that sheet in relation to the entire subdivision. When more than one sheet must be used to accurately portray the lands subdivided, each sheet must show the particular number of that sheet and the total number of sheets included as well as clearly labeled match lines to each sheet. '(5) S~rvey Data - The final, plat shall show the length of all arcs together with central angles, radii, chord bearing and chord length and points of curvature. Sufficient survey data shall be sho%~ to positively describe the boundary of each lot, block, right-of- way, easement and all other areas sho%m on the ~lat and all areas shall be within the boundary of the plat as shown in the description. The survey ARTICLE SECTION IX (Cont.) 5 (Cont.) COU~V~EC 64 ~ FA(~E181,9 data contained on the plat shall also include: (a) The scale, both stated and graphically iljustrated, on each sheet. (b) A north arrow shall be drawn on each sheet and the bearing or azimuth reference shall be clearly stated on the face or first page of the plat in the notes or title. The north direction shall be at the top or left margin of the map or within that 90" quadrant, when practical. (c) The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. (d) All intersecting street right-of-way lines shall be joined by the long chord of curve with a minimum radius of 25 feet and all dimensions shall be shown. (e) Ail adjoining property shall be identified by a subdivision title, plat book and page or if un- platted, the land shall be so designated. (f) Permanent reference monuments shall be shown in the manner prescribed by Chapter 177, Florida Statutes, as amended, and shall be installed prior to submission of the final plat. (g) There shall be reserved on each sheet of the plat a 3 inch by 5 inch space in the upper right hand corner to be used by the Clerk of the Circuit Court for recording information and each sheet shall reserve three (3) inches on the left margin and a half (1/2) inch margin on all remaining sides. (h) The map shall mathematically close with- in 0.01 feet and shall be accurately tied to all County, township, range and section lines occurring within the subdivision by distance and bearing. (i) The cover sheet or first page of the plat shall show a location plan, showing the subdivi- sion's location in reference to other areas of the County. (6) Lot and Block Identification - Each lot and block shall be numbered or lettered. Ail lots shall be 55 J ARTICLE SECTION IX (Cont.) 5 (Cont.) ~OLL~L~ Oi'F county REC 6 2 PAGE 18 2 0 numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered In each block. Blocks in each incre- mental plat shall be numbered or lettered consecutively throughout a subdivision. (7) Street Names - The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the suffix street, avenue, boulevard, drive, piece, court, etc. (8) ~ot Included Parcels - Not included or excepted parcels must be marked "not part of this plat". No strip or parcel of land shall be reserved by the owner unless the same is sufficient in size and area to be of some particular use or service. The intended usa of all reserved areas shall be shown on the plat in note form on the cover sheet. (9) Rights of Way and Easements - All right- of-way and easement widths and dimensions shall be sho~ on the plat. 56 ART ICLE SECT ION IX (Cont) [0[I.[~[{ 0f~ 5 (Cont · ) (10) Restrictions, Reservations and Restrictive Covenants - Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benQfits of water areas, canals and other open spaces; odd-shaped and sub-standard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restric- tions of similar nature shall require the establishment of restrictive covenants and the existence of such covenants shall be noted on the plat by reference to O.R. Book and Page numbers in the Public Records of Collier County. Documents pertaining to restrictive covenants shall be submitted with the final plat. (1l) Private Streets and Related Facilities - All streets and their related facilities designed to serve more than one property owner shall be dedicated to the public use; however private streets shall be permitted within property under single ownership, a property owners' association or a condominium or cooperative association as defined by Florida Law. Where private streets are permitted, ownership and maintenance association docu- ments shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the associa- tion without recourse to.the County or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership· 57 ARTICLE SECTION IX (Cont.) 5 (Cont.) OFF 5 & 2 PAGE (12) Certifications and Approvals - The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law, all being in the form set forth in the appendix to this Ordinance. (a) Dedications - The purpose of all re- served areas shown on the plat shall be defined in the dedication on the plat. All areas reserved for use by the residents of. the subdivision shall be so designated and all areas reserved for public use, such as parks, rights-of-way and easements for drainage purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. Such dedi- cation and the responsibility for their maintenance shall require a separate acceptance by resolution of the Board of County Commissioners. (b) Mortgagee's Consent and Approval - All mortgages along with the Mortgagee's consent and approval of the dedication shall be required on all plats where mortgages encumber the land to be platted. The signature(s) or tho mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall bo signed in behalf of the corporation by the president or a vice president and the secretary or an assistant secretary, respectively, by and with the authority of the Board of Directors. (c) Certification of Surveyor - The plat shall contain th~ signature, registration nun~er and official seal of the land surveyor, certifying that the plat is a true and correct representation of the land surveyed under his responsible direction and supervision and that the survey data compiled and shown on the plat co~plies with all of the requirements of Chapter 177, Florida Statutes, as amended, and this Ordinance. The certifi- cation shall also state that permanent reference monu- ments, "P.R.M.", have been set in compliance with Chapter 177, Florida Statutes, as amended, and this Ordinance, and that P.C.P.'s will be set under the direction and supervision of the surveyor within two (2) months after completion of required improvements. When Required Improvements have been completed prior to the recording 58 OFF ARTICLE SECTION IX {Cont. ) 5 (Cont.) of a plat, the certification shall state that P.C.P's have been set in compliance with the laws of the State of Florida and ordinances of Collier County. When plats are recorded and improvements are to be accomplished under surety posted as provided for by this Ordinance, the Required Improvements and surety shall include P.C.P.'s. (d) Signature Block for Board of County Commis- ~ioners and Clerk of Circuit Court - The plat shall contain the approval and signature block for the Board of County Commissioners and the acknowledgement and signature block of the Clerk of Circuit. (e) Signature Block for County Engineer - The plat shall conta'~ the approval and the signature block of the County Engineer. (f) ~.tgnature Block for Health Director and County Attorney - The plat shall contain the approval and signature block for the Health Director and also for the County Attorney. (g) Certification of Title - A title certification shall be sub-~ted With the p-I~. The title certification shall state: (1) that the lands as described and shown on the plat are in the name, and apparent record title is held by the person, persons or organization executing the dedication, (2) [hat all taxes have been paid on said lands as required by Chapter 197.051, Florida Statutes, as amended, (3) all mortgages on the land and indicate their official record book and page number. The title certification must be an opinion of an attorney at law licensed in Florida or a title insurance company licensed in Florida. (h) Instrument Prepared by - The name and address of the natural person who prepared the plat shall be contained on each page of the plat as required by Chapter 695.24, Florida Statutes, as amended. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name) , (address ." (13) Existing or Recorded Streets - The plat shall show the name, location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to' the boundary of the plat by bearings and distances. 59 642 PAGE 182/, SUPP. 1 1/8/76 ARTICLE IX (Cont.) SECTIO~I 6 Procedure for Approval of Final Plat A. The final plat shall be submitted to the County Engineer within 6 months after approval of the construction plans. At the time of such submission the following non- refundable fees shall be paid: (1) $150.00 to help defray the cost of p~o- cessing the final plat; (2) A fee of 0.5% of the estimated cost of the required improvements, to defray the costs incurred by the County Engineering Department; (3) A check payable to the Clerk of Circuit Court of Collier County in an amount sufficient to cover the cost of recording the final plat as such costs are established by law. B. At the time of submission of the final plat there shall also be submitted a statement by the developer indi- cating whether the required improvements are to be con- structed prior to the recording of the plat or after re- cording under guarantees posted with the County as provided for in this Ordinance. When the required improvements are to be completed after recording under guarantees, as pro- vided in this Ordinance, the final plat upon submittal shall be accompanied by the following: (1) a certified cost estimate prepared by COLLI;~h' OFF counTY RI C PAGE 1825 SUPP. 1 1/8/76 ARTICLE IX (Cont.) SECTION 6 (Cont.) the developer's engineer and including the cost of all required improvements or the contract bid price for all work required to complete the required improvements. (2) Guarantees,as further described herein, in an amount equal to 110% of the sum of engineering and construction costs based on the developer's engineer's estimate or contract bid price. The guarantee shall be in one of the following.forms: a. Cash Deposit b. Personal Bond with Letter of Credit c. Surety Bond (Having a Best's rating of AAA). d. First Mortgate on Real Property C. The County Engineer shall review the final plat to determine its compliance with the requirements of this Ordinance and shall in writing, within thirty (30) days approve or disapprove the final plat. If the final plat is not approved, reference shall be made to the specific article or section with which the final plat does not comply and all deficiencies shall be corrected before the plat is resubmitted to the County Engineer. D. After the final plat has been approved by the County Engineer for compliance with this Ordinance as provided in this Article, the developer shall resubmit four (4) sets of the previously approved construction plans along with copies of all required permits. At this time the developers shall C~LLI~ OF~ SUPP. 1 1/8/76 ARTICLE IX (Cont.) SECTION 6 (Cont.) also submit a plan of the development at a scale of 1" to 400' on a dimensionally stable material. Upon receipt of these documents the County Engineer shall re-check the con- struction plans for conformity with the previously approved plans and if approved shall within five (5) days, forward the final plat, construction plans, and all required permits to the Director. COU TYRrc 642 PAGE 1827 ARTICLE IX SECTION 7 (Cont.) Approval of Final Plat by Board of County Commissioners A. Within 30 days from receipt of the final plat and documents from the County Engineer, the final plat shall be presented to the Board of County Commissioners by the Director. The final plat shall be accompanied by a written report from the County Engineer as to its conformity with the requirements of this Ordinance and by a written report by the Director as to its conformity to existing county ordinances. B. The Board of County Commissioners shall approve or disapprove a final plat within thirty (30) days of its submission to the Board. Approval of the final plat shall not constitute acceptance of the dedicated facilities or areas. Acceptance of such dedicated facilities and respon- sibility for their maintenance shall be by separate resolu- tion of the Board of County Commissioners. C. The developer shall be notified of the Board's decision in writing within three days after such decision has been rendered. If a final plat is disapproved the reasons therefor shall be stated in the records of the Board of County Commissioners. Failure of the Board of County Commissioners to render a decision in thirty (30) days shall create a presumption of approval but shal~ not create a right in the developer to have the plat recorded. Rather, in any action brought by the developer in any 62 ARTICLE IX (Cont.) SECTION 7 (Cont.) Ci';LLiHi COUN1¥ REC 6/-+ Z PAGE 18 Z 8 court of competent jurisdiction to compel the approval or recording of the plat, the Board of County Commissioners may show, as matters in defense, any facts or circumstances which would justify disapproval of the final plat. D. Notwithstanding the above, the time within which the Board of County Commissioners may render a decision may be extended by mutual written agreement between the Board of County Commissioners and the developer. E. No required improvements may be constructed prior to approval of the final plat. F. Approval of the final plat shall not entitle the final plat to be recorded unless approved guarantees for the construction of required improvements are posted. ARTICLE IX (Cont.) SECTION 8 Election to complete required improvements before recording final p.!at A. In the event the developer exercises th9 right to construct and complete required improvements after approval of final plat and prior to recording of the final plat, the original plat shall be returned to the developer pending satisfactory completion of the required improvements and shall be re-submitted to the County Engineer for recording. B. Upon issuance of the completion certificate as specified in ARTICLE XII herein, the County Engineer shall record the final plat with the Clerk of the Circuit Court. 63 C[~LL~U~ SUPP. 1 1/8/76 ARTICLE IX (Cont.) SECTION 9 Election to complete recuired imorovements after recording the final plak. 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 s~all be approved by the County Attorney and County Engineer prior to approval of the final plat by the Board of County Commis- sioners. Ail guarantees shall be incorporated in a bonded agreement for the construction of the required improvements. The guarantee shall be in one of the following 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 improvements. Thu 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 catch deposit or account shall be made only when the cash remaining on deposit shall equal 10% of the total contract cost to complete construction, plus 100% of the estimated cost to complete the remaining portions of the required improvements. The County Engineer shall also have the right to refuse to approve any requested draw, so long as the developer fails to be in [~Clllii~ OFF SUPP. 1 1/8/76 ARTICLE IX (Cont.) SECTION 9 (Cont.) compliance witk ~ny of the terms and conditions of the plat or plans and specifications for the required improve- ments. 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 errevocable letter of credit, in an amount equal to 10% of the total contract cost to complete construction, 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 County Engineer may upon request reduce annually, the dollar amount of the bond on the basis of 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 SUPP. 1. 1/8/76 ARTICLE IX (Cout.) SECTION 9 (Cont.) from drafts on the letter of credit 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; 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 construc- tion, plus 100% of the estimated cost to complete the remaining portioas of the required improvements. During thc process of construction, the County Engineer 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 defautt 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 ARTICLE SECTIO[! IX (Cont.) 9 (Cont.) developer may execute a first mortgage in favor of the County, conditioned upon completion of the required improvements. The property conveyed by said first mortgage shall not be any part of the property pro- posed to be subdivided. The value of the property so conveyed shall be determined by the assessed valua- tion 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 instal- lation and completion of 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, plus 100% of the estimated cost to com- plete the remaining portion of the required improve- ments. Tho mortgage shall be in a form approved by the County Attorney and shall be accompanied by & certification by an attorney licensed to practice law in Florida or by an abstract or title company showing title in the developer and mtating that there are no liens or encumbrances on the property superior to the proposed mortgage. All recording fees, stamps, and other costs shall be paid by the developer. .( ARTICLE X REQUIRED IMPROVEMENTS - The following tangible improvements are required in conjunction with the development of all subdivisions within the unincorporated areas of Collier County. The required improvements shall be completed prior to recorda- tion of the plat in the manner prescribed in this Ordinance or the developer shall file with the County, a guarantee in one of the forms prescribed by this Ordinance to assure the installation of the required improvements. SECTION 1 ACCESS TO PUBLIC ROADS - The street system of a subdivision shall be connected to a public road, which is State or County maintained, of adequate capacity to accept the traffic volumes generated by the proposed development; unless an appropriate modification to these regulations has been approved by the Board of County Commissioners. (See ARTICLE VII, VARIANCES, EXCEPTIONS AND MODIFICATIONS) SECTION 2 ALLEYS - Alleys shall be permitted along rear lot lines of industrial and commercial subdivisions or land developments and may be permitted in residential subdivisions or land developments. SECTION 3 BRIDGES AND CULVERTS - Where a subdivision is transversed or develops canals, water courses, lakes, streams, waterways or channels; bridges or culverts shall be provided as necessary to implement the proposed street system. The bridge or culvert designed shall be prepared by a Florida registered engineer and are subject to the approval of the County Engineer and those 67 coul, Y R .C 6 PA E 1 3/., ARTICLE X (Cont.) SECTION 3 (Cont.) other agencies having jurisdiction over the above enumerated facilities or as required by the proposed street layout of the development in conjunction with a proposed waterway. SECTION 4 BUFFER AREAS (SCREENING) - Subdivisions shall be buffered for the protection of residential properties when necessary to separate residential developments from commercial and industrial developments, adjacent expressways, arterials, and railroad rights-of-way with a ten (10'} foot buffer strip, which shall be shown and designated on the plat, except where access is provided by means of a marginal access road or where such expressway, arterial, or railroad right-of-way abuts a golf course. Buffers shall contain a visual screen at least five (5') feet high, composed of suitable native vegetation acceptable to the Department of Community Development and be in compliance with the County Landscape Ordinance 75-24. Buffers shall not be a part of the rear yard set-back or utility easements.. SECTION 5 CANALS - Any canal which forms a part of the public navi- gable water system shall be dedicated to the public for care and maintenance by a legally consituted tax district. Canals located entirely within the subdivision and which do not form a part of the public nayigable water system shall not be dedicated to the public, except that said canals may be utilized by the County for implementation of the water management system of the natural drainage basin. 68 ~LLI~.[I OFF SUP?. i 1/8/76 ARTICLE X SECTION 6 (Cont.) CLEARING, GrtADING AND FILLING - The subdivision to land development shall be graded and where necessary filled to comply with the drainage design prescribed in the Design Requirements Article of this Ordinance. Developers shall be required to clear all rights-of-way and to make all grades, for streets, alleys, lots and other areas, compatible for drainage as prescribed in the drainage design. The type of fill within the rights-of-way and subdivision shall be subject to the approval of the County Engineer, who shall require laboratory certified soil tests of the backfill and the underlying material, certifying to the type of material and method of placement. Such test data shall be provided by the developer, at no cost to the County. SECTION 7 DRAINAGE - An adequate drainage system, including necessary open ditches, storm sewers, drain inlets, manholes, head- walls, endwalls, culverts, bridges, retention basins and other appurtenance shall be required in all subdivisions or land developments for the positive drainage of surface and ground water. The drainage mystem shall provide for surface waters affecting the subdivision or land developments and shall be in full compliance with the pro- visions set forth in the Design Requirements of these Regulations. SECTION 8 EASEMENT - Easements along lot lines shall be provided in accordance with these regulations. ARTICLE X SECTION 9 (Cont.) ELEVATION¢ LAND FILLING~ EXCAVATION AND DEMOLITION All lands forming building sites and public roadways included within a subdivision or land development area for which a use other than conservation or recreation is proposed shall be not less than five and one-half (5.5') feet above mean sea level (M.S.L. - 1929 datum) when completed or to such minimum elevations above the M.S.L. - 1929 datum as established by the Board of County Commissioners. All lawful regulations with reference to bulkhead lines, salt barrier line and other appropriate regulations regarding land filling, conservation, excavations, demolition and related regulations shall be observed during the con- struction of any land improvements within Collier County. SECTION 10 FIRE HYDRANTS - Fire hydrants shall be provided at no cost to the County in all residential, commercial and industrial land developments. In all cases, fire hydrants shall be provided in the manner prescribed by the design require- ments of these Regulations. Location and spacing of hydrants shall be reviewed and approved by the head of the appropriate fire district. SECTION 11 . MONUmeNTS AND CONTROL POINTS - Permanent and control points shall be set as prescribed by Chapter 177, Florida Statutes ARTICLE X (Cont.) SECTION 11 (Cont.) £[~L Ll~.fi OFF cou l ¥ REc 6/ 2 PAGE 1837 SUPP. 1 1/8/76 as amended. Details pertaining to their type and location shall be in full compliance with the provisions set forth by these Regulatioms. SECTION 12 PAPAS, RE. CREATIONAL AREAS AND SCHOOL SITES A. Parks and Preservation/Conservation Areas- Parks and preservation/conservation areas shall be dedicated in accordance with applicable mandatory dedication ordinances in force at the time of application. B. Recreational Areas - Recreational areas shall be dedicated in accordance with applicable mandatory dedication ordinances in force at the time of application. C. School Site Areas- School site areas shall be dedicated in accordance with applicable mandatory dedication ordinances in force at the time of application. SECTION 13 PLAY, TINGS, TREES, GRASS, ETC.- All streets; avenues, roads, drives, etc. shall be planted with trees, grass or other suitable vegetation on both sides in accordance with the specifications, limitations, procedures, types and intervals set forth in the appropriate County regulations and require- ments. All unpaved areas within rights-of-way shall be stab- 6 L, 2 PAGE 18 3 8 SUPP. i 1/8/76 ARTICLE X (Cont.) SECTION 13 (Cont.) ilizcd by seed or sodding of cultivated grass species suitable to the area. SECTION 14 S~ITARY SEWAGE - Complete sewage collection systems, sewage treatment and disposal facilities shall be provided by the developer for all developments, unless otherwise permitted, and shall be operated and maintained at no cost to the county in a manner acceptable to the Florida Department of Environmental Regulations, or any other legally concerned agency. Dedication to the County of the system and facilities shall be made at such time that the County assumes the responsibility for such operation and maintenance. In the event individual sewage facilities are allowed under required State and County regulations on an interim basis, the developer shall be required to deposit in escrow prior to final plat recordation with the County for the purpose of constructing a future sewage system, a surety acceptable to the County equal to'one hundred ten (110) percent of the sewage collection and treatment system's estimated construction and installation cost. Drainage or fill required for interim individual sewage facilities must exist before a septic tank permit is granted. The entire sewage collection system and treatment plant must be engineered and coordinated with the County Engineering COLLI~.~ OFF cou~ ~c 6 ~ Z PAr~E 18 3 9 SUPP. 1 1/8/76 ARTICLE X (Cont. SECTION 14 (Cont. and Health Departments. The estimated cost of the future system shall be revised annually and the amount of the escro%~ changed accordingly. A complete OFF & PAGE ARTICLE X (Cont.) SECTION 14 {Cont.l set of plans and specifications approved by the Florida Depar[ment of Pollution Control shall be filed with tho County Engineer and the Clerk of the Circuit Court. The aforementioned surety shall not be applicable to those areas where individual treatment facilities shall be permitted as a permanent method of sewage treatment. When central sewers approved by the County Engineer become available within one hundred (100') feet of the property line of any lot being served by an individual sewage disposal system, a connection to the central sewer must be made within 90 days and the individual sewage system must be abandoned in the manner required by the Florida Administrative Code. When the need for on-site treatment facilities no longer exist the County shall release its control of the land and/or facilities occupied by such treatment facilities. SECTION 15 SEAWALLSf BULKHEADS, PIERSf DOCKS~ SHORELINE & WATERWAY ALTERATIONS & ADDITIONS - All requests for the construction of seawalls, bulkheads, piers, docks, shoreline and waterway alterations and additions shall be submitted to the County Engineer. After review by the County Engineer and the Environmental Advisory Council the proposed facility or alteration may be recommended to the Board of County Commissioners for its consideration and approval. If the proposed objective and method of construc- tion does afford maximum protection to the environment of the area the facilities do not have to go before the Board of 73 ARTICLE X (Cont.) SECTIO~ 15 (Cont.) County Commissioners. 1~[~ L L I~.~ O~'F cou,IY 6 ,2 PAGE 181,1 SVPP'. 1 1/8/76 However, should the County Engineer or the Environmental Advisory Council feel the proposed facility does not afford maximum protection to the environment of the area, then the request shall go before the Board of County Commissioners. The Collier County Board of County Commissioners dis- courages the further use of vertical seawalls as a method of protecting shorelines and lands adjacent to waterways and encourages the construction and utilization of alternate methods of accomplishing shoreline protection and installation of waterway facilities. Permits issued for any improvements or alterations covered under this section shall be valid for a period not to exceed twenty-four (24) months after the date of issue. Time extension of these permits may be granted by the Board of County Commissioners in those instances where State and/or Federal Agency approvals are required and are pending at the expiration date of the permit issued. NOTE: See procedure for making application for the permitting of seawalls, bulkheads, piers, docks, shoreline and waterway alterations and additons as described under ARTICLE IX of these Regulations. SECTION 16 SIDEWALKS - Sidewalks shall be installed on both sides of all collector streets and on one side of each marginal access street and are recommended and may be required, depending on local conditions, on at least one side of each ARTICLE X (Cont.) SECTIO~ 16 (Cont.) local street. For local streets, these sidewalks may be pro- vided in a front yard sidewalk easement. The requirements for sidewalks may be waived on streets where there is a park, canal, or other use which makes sidewalks not essential for the safety of pedestrians or school children; or on cul-de-sacs; or where deemed unnecessary by the Planning Commission. BICYCLE PATHS - Bicycle paths may be provided in lieu of a sidewalk by th, developer. Other bicycle paths shall be provided by the developer when required by the Planning Commission, where such bicycle paths are part of the bicycle element of the Comprehensive Plan. ACCESS PATHS - Where blocks have 900' or more of length on collector or marginal access streets, the developer shall be required to provide access paths at intervals not greater than 500' within dedicated rights-of-way between the road pavement and sidewalks or bicycle paths in such a manner that they will not conflict with the proper.development of the street right-of-way or create a hazardous condition. Where applicable, driveways may be used to fulfill this requirement. CONSTRUCTIOn; REQUIREmeNTS - Construction requirements for sidewalks, bicycle paths and access paths are set'forth under the design requirements of these Regulations. ARTICLE X (Cont.) SECTION 17 SOLID WASTE COLLECTION AND H~DLI~IG - The developer shall provide a complete and self-sufficient system of solid waste collection. Where so directed by the Board of County Commissioners, the developer shall also provide for a positive system of onsite solid waste handling. The method of handling shall be acceptable to the County Engl~eer and approved by the Florida Department of Environmental Regulation. The collection system, and where required the handling system, shall be operated and maintained at no cost to the County in a manner acceptable to the Florida Department of Environmental Regulation or any other legally concerned agency until such time that the County assumes the responsibility for such operation and maintenance. Franchise agreements consistent with appropriate County franchise regulation, meeting the requirements of this Section shall be acceptable. ARTICLE X SECTION 18 ST~tEETS (Cont.) [:Cl.l. lr. ~ OFF cou lY 6 2 PAGE - Ail streets and related facilities required to serve the proposed development shall be constructed by the developer. The street design and construction shall consist, but not be limited to, street grading, base and sub-grade preparation, surface course, draigage and sidewalks as required under these Regulations. The arrangements, character and location of all streets shall conform to the Comprehensive Plan and shall be considered in their relation to existing and planned streets, topographi- cal conditions, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where such is not shown in the Comprehensive Plan, the arrangement of streets in a subdivision or land development shall either: A. Provide for the continuation or appropriate projection of existing streets in surrounding areas; or B. Conform to an approved plan for a neighborhood which meets a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. SECTION 19 STREET NA~ MARKERS AND TRAFFIC CONTROL DEVICES - Street name markers and traffic control devices shall be provided by the developer or subdivider at intersections and locations desig- nated by the County Engineer in all streets. Such markers and traffic control devices shall be constructed by the developer 76 CC~LLi~.~' O~'F COUNTY REC 6 2 PAGE ARTICLE X (Cont.) SECTION 19 (Cont.) to the specifications of the County Engineer and in full conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Proposed streets which are in alignment with other existing and named streets shall bear the same na~e of the existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence shall the name of the proposed street duplicate or be phonetically similar to existing street names regardless of the use of the suffix street, avenue, boulevard, drive, place, court, etc. All street names shall be approved by the Department of Community Development. Pavement painting and striping and/or appropriate reflective edge of roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. ~ere concrete valley gutters border the edge of pavement, this requirement may be waived by the County Engineer. SECTION 20 STREET LIGHTING - Street lights shall be installed at ~ach street intersection, at intervals not exceeding four hundred (400') feet, and at the end of each cul-de-sac. Such lights may be required on interior streets, alleys, boundary streets and access paths. Wherever, in the opinion of the ARTICLE X (Cont.) SECTIOM 20 (Cont.) County Engineer, a dangerous condition is created by sharp curves or irregularities in street alignment, additional lights PAGE ARTICLE X (Cont.) SECTION 20 (Cont.) shall be required. The street lights and mounting poles shall be wired for underground service. Street lights shall be designed and installed in either of two (2) ways: 1. The developer may design and install the street lighting system subject to the approval of the County Engineer. Upon completion of the development, these street light shall be owned, operated and maintained by the property owners' association, a condominium or cooperative association as defined by Florida Law or the public utility furnishing the electric service. 2. Where the street lights are to be installed on public streets, the developer may elect to initiate a street light tax district through the County. The County may then authorize the public utility to design, install, and maintain the street lighting system according to the public utilities' rules and regulations, at no cost to the County's general fund. SECTION 21 TRAFFIC SIGNALS - Traffic signals shall, be provided by the developer when one (1) or more traffic warrants as specified in the Manual on Uniform Traffic Control Devices are satisfied at any arterial, major collector, or minor collector street intersections where the additional traffic flow results from the proposed subdivision or land development. In cases where more than one known proposed development or subdivision is involved, the Boar~ of County Commissioners shall require a pro rata contribution for the installation of the required traffic signal installation cost from each 78 COLli~.i~ county 6/, 2 PAGE ARTICLE X (cont.) SECTION 21 (Cont.) of the developers involved. The cost of all required traffic signals shall be included in the amount of surety furnished for the required improvements. SECTION 22 TRAFFIC SAFETY DEVICES - The Board of County Commissioners shall require the installation of such °£affic safety de- vices as storage lanes, deceleration lanes, parallel service lanes, and any other traffic control devices necessary to provide safe internal movements, ingress and egress from the subdivision or land development to any state or county main- tained street or highway. Review and approval by the Florida D.O.T. of the sub- division or land development traffic systems of ingress or egress to State of Florida maintained raods, shall be necessary prior to approval of any preliminary plat or construction plans by the County. SECTION 23 TREES AND SHRUBS - On a corner lot, no fence, wall, hedge, planting, or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of three (3) feet to eight (8) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines forty (40) feet from 79 ARTICLE X (Cont.) SECTION 23 (Cont.) the point of intersection. CCLLI~ O~F cou,Tv R£c 6 2 PAGE 1 O & 9 Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the three (3') and eight (8') foot clearance requirement. Posts for illuminating fix- tures, traffic control, and street name signs are per- mitted, so long as the sign or equipment is not within the · rescribed clear spaco. The developer or subdivider shall comply with all of the provisions of the Collier County Tree and Landscape Ordinances. SECTION 24 ~TILITY CASINGS - Utility casings shall be installed in conjunction with the construction of tho subdivision or land development by the developer or subdivider in four directions at intersections, as described under the Design Requirements, to facilitate future needs of the area. Subdivisions or land developments providing water service~ shall install no less than three (3") inch conduits to each alternate lot on the opposite side of the street from the main distribution line for each street prior to the completion of roadway construction. Or specify a con- struction method acceptable to the County Engineer for instal- lation of service lines which will not degrade the base, sub-base and wearing course of the roadway. SECTION 25 WATER SYSTEM - CENTRAL - A complete water dist~ibution and 8O ARTICLE X (Cont.) SECTION 25 (Cont.) treatment system shall be provided by the subdivider of land developer for all subdivisions or land developments unless otherwise permitted and shall be maintained and operated at no cost to the county, in a manner acceptable to the Florida Division of Health and Rehabilitative Services or any other legally concerned agency until such time that the County assumes, through dedication by the developer or subdivider, responsibility for such operation and maintenance. In the event individual water facilities are allowed under State and County regulations on an interim basis, the developer shall be required to deposit in escrow with the County for the purpose of constructing a water distribution and treatment system, a surety acceptable to the County, equal to one hundred ten (110%) per cent of the system's estimated construction and installation costs. The entire system must be engineered and coordinated with the County Engineering and Health Departments. The estimated cost of such system shall be revised annually to reflect current costs and the escrow or surety bond shall be adjusted accordingly to 110% of such revised cost. A complete set of plans and specifications as approved by the Florida Division of Health and Rehabilatitive Services shall be filed wi%h the County Engineer and the Clerk of the Circuit Court. The aforementioned surety s~all not be applicable to those areas where individual water facilities shall be OFF 6 4 Z PAGE 18 51 su~. 1 118/76 ARTICLE X (Cont.) SECTION 25 (Cont.) permitted as a permanent source of water supply. When individual wells are proposed chemical and bac- teriological analysis must be approved by the Florida Division of Health and Rehabilitive Services prior to use of the individual wells. When central water service approved by the County Engineer becomes available-within one hundred (100') feet of the property line of any lot using an individual water supply,connection to the central water service system must be made within ninety (90) days. The existing private well shall not be connected to the central water system but may be retained for other uses. When the need for. on-site treatment facilities no longer exist the County may release its control of the land and facilities occupied by such treatment facilities. C~LL~ OFF COUNTY nEC 6 4 2 PAGE 18 5 2 ARTICLE XI DESIGN REQUIREMENTS - The design of the required improve- ments for all land developments or subdivisions within Collier County shall be in accordance with the acceptable engineering principles. Design data, such a calculations and analyses shall be submitted along with the subdivision or land development plans covering important features af- fecting design and constructio~ prior to the issuance of any required permits, etc. Such calculations and analyses shall include, but not limited to, high water, drainage facilities of all kinds, sub-~urface soil data, alternate pavement and sub-grade types, and radii at intersections when minimum standards of the American Association of State Highway and Transportation Officials are inadequate. The design of required improvements shall be equal to or exceed County standards. SECTION 1 ACCESS - Access to lots within a land development or subdivision shall be designated to accomplish access to the lots by use of local streets. Points of access to the lots shall be located a minimum of thirty (30) feet from intersecting right-of-way lines on local streets and one hundred eighty (180) feet from intersecting right-of- way lines on all other streets of higher classification as defined in this Ordinance. Local street connections to collector streets shall be a minimum of six hundred sixty (660') feet apart and collector 83 CCLLI~ OfF 6 2 P&OE 19 5 3 ARTICLE XI (Cont.) SECTION ] (Cont.) street connections to arterial streets shall be a minimu~ of thirteen hundred twenty (1320') feet apart (where access is desired along collector or arterial streets, it shall be provided by means of a marginal access road.) The first point of access to the marginal access road from collector and arterial streets shall be a minimum of three hundred thirty (330') feet from intersecting right-of-way lines as shown on the circulation plan, with the intermittent points being a minimum of six hundred sixty (660') feet apart. Where double frontage lots are created adjacent to a collector or arterial street, they shall front on a local street and the rear of the lot shall be the side which abuts the collector or arterial street. In such cases, the lot shall be buffered as required by this Ordinance. SECTION 2 ALLEYS Alleys shall be paved twenty (20') feet wide in a minimum twenty (20') foot right-of-way for residential, commercial and industrial use. All must have appropriate radii for the use intended. Alleys with inverted crowns shall be constructed with three-eighths (3/8") inch per foot traversed slope. The alley grade shall not exceed five (5%) per cent or be less than .30 per cent unless otherwise approved by the County Engineer. Alley intersections and sharp ARTICLE XI (Cont.) SECTION 2 (Cont.) changes in alignment shall be avoided and dead-end alleys are prohibited. SECTION 3 BLOCKS - The length, w3dth and shape of blocks shall be determined with due regard to: A. Zoning requirements as to lot size and dimensions. B. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. C. Limitations and opportunities of topography. Block lengths shall not exceed thirteen hundred twenty (1320') feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved by the County Engineer. In blocks nine hundred (900') feet.in length or over, crosswalks not less than ten (10') feet wide may be re- quired between streets where essential to provide cir- culation or access to schools, playgrounds,'shopping centers, transportations and other community facilities. SECTION 4 STREET BRIDGES - Street Bridges shall be designed in general accord with the current Florida Department of Transportation practices and shall include provisions for utility installation. They shall be reinforced concrete, however, other low maintenance materials may be used upon request and approval, having a clear roadway width between curbs two (2')'feet in excess of the pavement width in each direction and shall provide four (4) foot wide sidewalks on each side, unless ARTICLE XI (Cont.) SECTION 4 (Cont.) otherwise approved by the County Engineer. All bridge structures shall be designed for H-20-S16-44 loading, incor- porating adequate corrosion and erosion protection, approved by the County Engineer. SECTION 5 CANALS - Any navigable canal or waterway designed as part of a land development or subdivision intended to serve two (2) or more properties shall have a minimum width between top of banks of one hundred (100') feet and a minimum depth at mean low water of six (6') feet. Canal side slopes shall be at a ratio of four (4') horizontal feet for each foot of vertical distance to a low water depth of five (5') feet unless vertical seawalls are authorized by the Board of County Commissioners as described in ARTICLE XI, SECTION 11. The slopes of the canal banks shall be stabilized with suitable rip-rap, native vegetation or other erosion protective measures approved by the County Engineer. Such canals or waterways shall provide for adequate flushing action by prevailing winds or currents to assure the prevention of stagnant waters and the accumulation of debris. SECTION 6 . CO~RCIAL & INDUSTRIAL LAND DEVELOP.~ENT OR SUBDIVISIONS - Commercial and industrial land'developments or subdivisions shall comply with all of the requirements of this Ordinance, COLLIER ~F SUPP. I 1/8/76 ARTICLE XI (Cont.) SECTION 6 (Cont.) except that all local streets shall be designed according to the typical section for collector streets contained in the County standards. SECTION 7 EASEMENTS A. UTILITY EASEMENTS - Utility easements no less than ten (10') feet wide shall be provided where necessary to accommodate all required utilities across or along lots and where possible shall be centered on lot lines with convenient access for maintenance. Utility easements no less than ten (10') feet wide shall be provided for under- ground utilities along the rear lot lines unless physical restrictions require they be placed across that portion of the lot adjacent to a street. Additional utility ease- ments shall be provided when, in the opinion of the County Engineer, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall not be combined without prior approval by the County Engineer. Where crosrings occur, drainage ease- ments shall take precedent. B. DRAINAGE EASEMENTS - Drainage easements shall . be provided where necessary at a width adequate to accomodate the drainage facilities. A minimum width of twelve (12') feet shall be provided for underground drainage inst~llations. CCLL[~.~ Or'F ARTICLE XI (Cont.) SECTION 7 (Cont.) Where canals or ditches are permitted which will be water covered during major portions of the year, the width shall be adequate to accommodate the drainage requirements plus twenty (20') feet on at least one side, for maintenance purposes; however, the over-all width shall not exceed sixty (60') feet. Where the width of canals or ditches exceeds sixty (60') feet in order to accommodate adequato drainage facilities, the ditch or canal shall be acceptable to and placed under the control of the Water Management District having Jurisdiction in the area. Drainage ease- ments shall be provided to regulate the flow of surface waters from contributory areas. When a subdivision or land development is traversed by or develops canals, water courses, lakes, streams, drainage ways or channels, there shall be provided a drainage easement or right-of-way conforming substantially to the lines of such water courses and of such additional width or construction or both as will be adequate for the purpose. SECTION 8 FIRE HYDRANTS - All hydrants shall be connected to water systems having sufficient storage or emergency pumping facilities to insure that the minimum fire flows will be maintained for at least four (4) hours or the current recommendation of the National Fire Underwriters, whichever is greater. 88 OFF county 6/ 2 PA0£1858 ARTICLE XI (Cont.) SECTION 8 (Cont.) Hydrants shall be set in a manner complying with no less than the requirements set forth in the latest edition of Section 43 of Chapter 4 of N.F.P.A. No. 24, entitled STANDARDS FOR OUTSIDE PROTECTION, SETTING FOR HYDRANTS. A. RESIDENTIAL LAND DEVELOPMENT - In one and two story land developments with not more than ten (10) dwelling units per acre, fire hydrants shall be spaced no greater than five hundred (500') feet apart and not more than two hundred fifty (250') feet to the center of any lot in the development and shall be connected to mains no less than six (6") inches in diameter. The system shall provide capacity for fire flows of at least five hundred (500) gallons per minute or greater, as required, in addition to maximum day domestic requirements at residual pressures of not less than twenty (20) pounds per square inch. B. COMMERCIAL? INDUSTRIAL? MULTI-STORY & MULTI-FAMILY DEVELOPMENTS - Fire hydrants located in these areas shall be connected to water mains no less than eight (8") inches in diameter. Hydrants shall be spaced at such intervals as to require no greater than two hundred fifty (250) lineal feet of fire hose to reach the farthest and highest point on any structure proposed for the development, In no case shall the spacing of hydrants be greater than five hundred (500) feet apart. Hydrant spacing and size shall be capable 89 CC,'LI ~Efi cou,;v 6/ Z PAGE 1859 ARTICLE XI (Cont.) SECTION 8 (Cont.) of providing water flows adequate to meet the requirements for the Occupancy Classification as defined in the latest edition of the National Fire Code, Volume No. 6, published by the National Fire Protection Association. In no case shall the flow be less than seven hundred fifty (750) GPM with the residual pressure of twenty (20) P.S.I. at the remotest point of discharge. SECTION 9 MEDI~4 STRIPS AND ENTRANCEg~Y$ A. Median Strip~ - ~{edian strips which are part of the dedicated or deeded right-of-way may not be utili- zed for any purpose other than by the County or a public utility. If a developer desires to beautify a median strip in a subdivision or land development he may do so by placing grass, shrubs and trees of small root structure within the median strip under permit issued by the County Engineer after submission and approval of landscaping plans. B. Subdivision or Land Development Entranceways - Subdivision or land development entrancew~ys consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Decorative tranceways must be constructed upon plots of land ad- Jacent to a right-of-way in c6mpliance with the Zoning, Building and Sign Codes and placed so as not to consti- tute a traffic hazard. 90 PAGE 18 6 0 ARTICLE XI (Cont.) SECTION 10 MONUMENTS - The design of Permanent Reference Monuments, "P.R.M.'s" and Permanent Control Points, "P.C.P.'s" shall be as prescribed by Chapter 177, Florida Statutes, as amended. Where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County standards. All information pertaining to the location of "P.R.M.'s" shall be indicated in note form on the plat, such as underground installations, etc. SECTION 11 SEAWALLS~ BULKHEADS, PIERS~ DOCKS~ SHORELINE & WATERWAY ALTERATIONS AND ADDITIONS "- Sea~'all~' and bulkheads of concrete where authorized ~hall be constructed w~th ~he water side face of the cap being within the property boundary and the construction shall conform to the latest edition of the Collier County Reinforced Concrete Bulkhead Requirements. Alternate methods of shoreline protection, other than vertical seawalls, i.e. rip-rap, native vegetation, etc., should be investigated prior to making application for permit to carry out construction of shoreline pro- tection facilities. Permits for construction authorized under this section may be issued by the Director or the Collier County Board of County Commissioners after compliance, by the app- licant or his authorized representative, with the latest procedure approved by the Board of County Commissioners. 91 ~:~LLI~{ OFF county R£c 2 PAgE 18 61 SUPP. i 1/8/76 ~ ARTICLE XI (Cont.) SECTION 12 (Cont.) SEWAGE SYSTEt~, CENTRAL - The sanitary sewage shall be designed by a professional engineer, registered in the State of Florida, conform to acceptable standards of sound practices for sewage collection and treatment systems and shall conform to all requirements of state and county authorities and be in general conformance with the standards and specifications for sewage collection systems an described in Section 20-66 of the City of Naples Code, unless otherwise recommended by the County Engineer or set forth in these Regulations. The entire sewage collection and treatment system must be engineered and coordinated with the County's over-all plan. The appurtenances to the system shall be equal to or shall exceed the minimum requirements of the current county standards. Upon submittal of construction plans for a central sewage system as prescribed by this Ordinance, the design engineer shall supply data calculations and analyses showing important features affecting design including, but not limited to: A. Number of equivalent dwelling units to be served. B. The character of the units and the estimated population to be served or the estimated flow of sewage. from all units designed for use other than domestic. C. A flow chart indicating.the number of proposed connections to the system and the anticipated flow of sewage to the sewage treatment plant. ARTICLE SECTION D. ~0LLI[~0rr SuPP. I I/8/76 XI (Cont.) 12 (Cont.) Any other meaningful information necessary to arrive at reliable estimates of the amount and char- acter of sewage anticipated by the design. SECTION 13 SEWAGE SYSTE$1¢ I[~DIVIDUAL - Individual sewage system consisting of pipes, tanks or treatment devices aHd subsurface absorption fields or other devices shall meet the requirements of this Ordinance, the requirements of all requisite laws and regulations of the State of Florida and Ordinances of Collier County. Where individual sewage systems are permitted that require an absorption field the lot shall be designed, sized and developed to provide: A. A convenient and economical connection to a future central sewage system. B. The installation of the tank and absorption area to meet the requirements of all requisite State and County authorities. C. That such facility may be permitted.where a legally constituted sewer district has been established. Rowever, such facility shall be properly abandoned when central sewage collection is made available by the district. SECTION 14 · SIDEWALKS A, GENERAL - All sidewalks shall be constructed of £~LL~:~ OFF ARTICLE XI (Cont.) SECTION 14 (Cont.) Portland Cement Concrete unless otherwise recommended by the County Engineer. Minimum width of sidewalks shall be four (4') feet in residential developments and eight (8') feet in commercial developments. B. CONCRETE - Sidewalks shall be a minimum of ~r (4") inches thick, constructed of portland cement rein- forced concrete which shall develop a twent~-eight (28) day compressive strength of no less than three thousand (3000) P.S.I. Reinforcing steel bars shall conform to the requirements of AST~ A615. Welded wire fabric shall be standard 6 x 6 10/10 and shall meet the requirements of AASHTO M55. Expansion joints shall be one-half (1/2) inch performed expansion joint filler (bituminous type) conforming to the latest edition of A.$.T.M.D. 994. All workmanship, materials, methods of placement, curing forms, foundations, finishings shall be in conformance to Section 522, (Concrete Sidewalks) of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (1973 Edition or any subsequent ~ditfon thereof) C. ASPHALT SIDEWALKS - W~ere authorized asphalt side- walks or access paths shall be constructed to spectfic~tion established by the County Engin~er, but shall be no less than four (4") inches of compacted limerock base, over a stabilized sub-grade and topped with a one (1") inch layer of Type II asphaltic, concrete. ARTICLE XI (Cont.) SECTION 14 (Cont.) D. [;OLLI~ OFF cou YR[c PAGE 1B64 BICYCLE PATHS - When bicycle paths are authorized in lieu of sidewalks, it is recommended that they be placed on the South and West side of the right-of-way unless directed otherwise by the County Engineer. Bicycle paths shall be a minimum of five (5') feet and shall be constructed of reinforced concrete as set forth in Paragrapk '~. of this Section, or asphalt as set forth in Paragraph C. of this Section. SECTION 15 SOILS - The construction plans for the land development or subdivision shall show the location and results of test borings of the sub-surface condition of the tract to be developed. If the soil investigations reveal that the area contains hardpan, other non-pervious soils, peat, muck or other unstable materials, the County Engineer shall require that adequate precautionary measures be included in the design and construction of the improvements to assure that proper drainage and development of the area can be accomplished, in a manner which will preven~ premature deterioration of the improvements. Test locations and depths shall be mutually determined by thc developer's engineer and the County Engineer and shall be recorded as to location and result of the construction plans. county §/,7 PA6E 1865 SUPP. I Z/8/76 ARTICLE XI (Con t. ) SECTIOn! 16 SOLID WASTE COLLECTION AND HANDLING FACILITIES A. COLLECTION - The land developer shall make all necessary provisions to assure that each dwelling unit when constructed within a development or subdivision shall be equipped with a receptacle for receiving household garbage and solid waste. These receptacles shall be protected from access by rodents, vermin and stray animals. The receptacles are to be located within close proximity to the ~welling unit and shall be readily accessible to a central collection system (vehicular or otherwise).. The receptacles shall be of concrete, non-corrosive metal or other material capable of durability, long life and low cost of maintenance and shall meet the requirements of the State of Florida Administrative Code. The receptacle, its location and method of use shall be reviewed by tho County Engineer prior to the issuance of building permits. Wherever feasible, commercially available facilities meeting accepted industry standards shall be preferred. ARTICLE SECTIO£; B. C~LLI~ OFF co,,T¥ PA6E 1866 SUPP. I 1/8/76 XI (Cont. 16 (Cont. HA~DLING FACILITIES - %~en so directed by the Board of County Commissioners, because of the size or location of the proposed subdivision or land development, the developer or subdivider shall provide, at no cost to the county, a solid waste handling facility, meeting all current Department of Environmental Regulation standards for solid waste handling. Shredding, baling or other environmentally protective methods should be considered. An engineering report describing the details of the handling method, its cost of operation, capacity and all other pertinent data and features shall be presented for review and approval to the County Engineer. A complete set of plans and specifications shall be approved by and filed with the County Engineer. SECTIO}~ 17 A. GENERAL - All streets and in particular the arterial and collector streets in all subdivisions or land developments shall be planned to conform with the Collier County Comprehensive Plan. The proposed street layout within the development or subdivision shall be m OCF 6 Z, PA E 18 6 ? COU~I¥ REC, ARTICLE XI (Cont.) SECTION 17 (Cont.) coordinated with the street systems of the surrounding areas. The street layout and construction shall provide for maximum vehicular and pedestrian safety, long service life and low cost of maintenance. B. ACCESS TO PUBLIC STREETS - Every land development or subdivision shall have adequate access to a street dedi- cated to the public use which has been accepted for main- tenance by the State of Florida or Collier County. Where a land development or subdivision does not immediately adjoin such a street, the developer or subdivider shall provide access from the development to a dedicated street in accor- dance witk the requirements as specified by these Regulations. All lots within a proposed development or subdivision shall have legal access to a street or road dedicated to the public use. C. RELATION TO ADJOINING AND/OR PROPOSED STREET SYSTEM - The arrangement of streets in new land developments or subdivisions shall make provisions for the continuation of existing principal streets from adjoining areas, or for their proper projection where adjoining lands are necessary to insure a coordinated street system; provision for such a future street or streets shall be made. where a land development or subdivision abuts or contains an existing or proposed arterial street, special treatment shall be COLLI~hOrF SU~. 1 ~/8/76 ARTICLE XI (Cont.) SECTION 17 (Cont.) required to insure proper separation of vehicular traffic and protection of adjacent lots from traffic noise. Special treatment may include provisions for marginal access streets or additional lot depth and screen plantings, in the case of lots which are proposed to back against arterial streets. D. LOCAL STREETS - Local streets shall be so arranged that their use by through traffic movements will ~e dis- couraged. In order to discourage through traffic movements and high traffic speeds, straight portions of streets of undue length shall be avoided whenever possible by the use of curvatures. E. TRAFFIC ANALYSIS - If in the estimate of the County Engineer the proposed land development or subdivision will generate traffic volumes in excess of one thousand (1,000) ADT (Average Daily Traffic) or two hundred (200) DHV (Design Hour Volume), whichever is more restrictive then a traffic analysis prepared by a professional engineer shall be provided by the developer or subdivider. This analysis shall be used to determine the street category., width and number of traffic lanes required within the development or subdivision and the capacity of the proposed or affected street system. F. STREET RIGHT-OF-WAY WIDTH - Street minimum ~ight- of-way widths shall be as follows: Sidewalk Street Type* Lanes Sidewalk & Gutter Local 2 74 60 Minor Collector 2 100 84 99 ARTICLE SECTION XI (Cont.) 17 (Cont.) SUPP. ! 1/8/76 Sidewalk Street Type* Lanes Sidewalk & Gutters Minor Collector Divided 120 Major Collector 4 120 100 Major Collector Divided 130 120 Arterial 4 135 120 Marginal Access 2 60 NOTE: *See Appendix "D", "typical section" de~cribing Engineerfng Properties. G. STREET PAVEMENT WIDTHS -Struet pavement widths shall be as follows: Street Type Major Arterial Paving Width in Feet 4 or more 12 foot lanes with turning lanns and median Arterial 4 - 12 foot lanes with turning Iane~ and median when required Collector 2 or more 12 fo6t lanes with turning lanes and median when required Local 2 - 12 foot lanes Marginal Access 20-34 feet of pavement H. DEAD-END STREETS - Dead-end street shall be prohibited except ~hen designed as a cul-de-sac. Such streets shall not exceed one thousand (1,000) feet in length unless greater length is recommended by the County Engineer. There shall be provided at the closed end a circular dedicated right-of-way.with a diameter of not £~;LL(~:;~ OFF 6 7_ PA E 1 7 0 i ARTICLE XI (Cont.) SECTION 17 (Cont.) less than one hundred (100') feet at the property line. If the dead-end street is of a temporary nature, an adequate turn around within the proposed right-of-way may be required. I. CURB RADII - Curbs as approved by the County Engineer shall be provided at all intersections and'shall extend ten (10') feet beyond the radius. Edge of pavement radii at street intersections shall be at least forty feet and where the angle of street intersection is less than ninety (90) degrees, a greater radius may be required. Right-of-way at intersections shall be rounded with a minimum twenty-five (25') foot radius. J. INTE~gECTIONS~ MULTIPLE INTERSECTIONS~ & STREET JOGS - Street shall be arranged so as to intersect as nearly'as possible at right angles and in no case shall two (2) streets intersect at an angle of less than sixty (60) degrees. Curved streets shall have a minimum tangent of one hundred (100') feet at intersections unless otherwise recommended by hhe County Engineer. Street jogs with centerline offsets shall require the approval of the County Engineer. Multiple intersections involving the Junction of mo~e than two (2) streets shall be prohibited. K. REVERSE CURVES - Tangents between curves on ali streets shall be at least one hundred (100') feet in length I~OOK ARTICLE XI (Cont.) SECTION 17 (Cont.) unless otherwise recommended by the County Engineer. L. CONSTRUCTION IN ~.~CK OR CLAY ~REAS - When streets or alleys are to be constructed in muck areas, the muck or peat shall be completely removed from the centerline ten (10') feet beyond the edge of pavement on each side. %~en plastic clays are encountered, they shall be removed within the roadway area one (1) foot below the subgrade extending horizontally to the outside edge of the shoulder area. The design of street proposed in excessive muck areas shall be considered on an individual basis and may where so directed by the County Engineer, require the use of under drains. M. MATERIALS - Streets shall include a stabilized subgrade, base and wearing surface in accordance with standards designated by the County Engineer. 1. Sub,fade and Shoulders - All subgrade and shoulders shall be stabilized to a depth of twelve (12") inches and to the full width as sho%~ on the typical section drawing. The stabilized area shall be free of muck, roots and other objectionable material. The sub- grade and shoulders shall be stabilized and compacted to obtain the minimum designated Florida Bearing Value (FBV), or when so directed by the Conty Engineer, a Lime Ro6k Bearing Ration (LBR) in the amounts sho~.~ on the typical ARTICLE XI (Cont.) SECTION 17 (Cont.) COLLi~ county 8 2 PAGE 18 7 2 section drawings for the class and type of road to be constructed, as designated by the County Engineer, and at least ninety-eight (98%) percent of maximum density as determined by AASHTO T180. If the bearing value of the natural soil is less than that specified, the subgrade and shoulders shall be stabilized in accordance with Section 160 of the Florida D.O.T. Standard Specifications for Road and Bridge onstruction (1973 edition or latest edition thereof). The construction of the subgrade and shoulders shall generally conform to Sections 160-0 and 160-9 of the Florida D.O.T. Standard Specifications for Road and Bridge Construction (1973 edition or latest edition thereof). 2. Base - The base shall be compacted limerock or soil cement constructed to the thickness specified in the typical section drawing for the class and type of road to be constructed, as designated by the County Engineer, and shall be built to the specified width and centered on the subgrade. Limerock used for the base shall meet the standard specifications for Grade No. 2 limerock and shall be compacted to obtain at least ninety-eight (98%) per cent maximum density as determined bY AASHTO T180. When soil cement is used for base material, a soil cement design mix shall be submitted too, and approved by, the County Engineer prior to placement of the. base materials. Construc- tion and materials of the base shall conform to Section 200 and 911 of Florida D.O.T. Standard Specifications for 103 C~U)llY suPP. I 1/8/76 ARTICLE XI (Cont.) SECTIOH 17 (Cont.) Road and Bridge Construction (1973 Edition or latest ed- ition thereof). 3. Prime - The base shall be primed with type RC-70 bituminous material of SS-1 (asphalt emulsion) and shall comply with Section 270-2 of the Standard Florida D.O.T. Specifications. 4. Surface Course - The surface course thickness shall be as specified in the typical section drawings. The width shall be as specified by the County Engineer. The processing of the mixture and construction of the surface course shall comply with Sections 320, 330 and 332 of the Standard Specifications. 5. ~rassing - All areas within the right-of-way not receiving the surface course shall receive seed, fer- tilizer and mulch in accordance with Sections 570, 981, 982, and 983 of the Standard Specifications. Where sod is specified by the County Engineer, it shall be installed prior to initial acceptance of the roadway. 6. Maintenance - The developer shall be res- ponsible for the roads for a period of no less than one (1) year after the preliminary acceptance. This includes design, workmanship, materials, and all maintenance. 7. Testinq - The developers shall have the subgrade and shoulders tested for compactio~ and Florida Bearing Value or Lime Rock Bearing Ration (LBR) at intervals CgLLI~.a OfF COUNTY REC 6 2 PAGE: ARTICLE XI (Cont.) SECTION 17 (Cont.) set forth in the latest edition of the Florida D.O.T. Standard Specifications for .Road and Bridge Construction or as directed by the County Engineer. The sub-grade and base shall be tested for compaction by a certified testing laboratory. Prior to acceptance by the County, a copy of the test results shall be furnished to the County Engineer. 8. Inspection - During construction, a field inspection of each phase shall be made by the County Engineer° It is the developer's responsibility to provide written notice to the County Engineer when a phase of construction is ready for inspection. 9. Signs - The developer shall provide and install street name signs, traffic control signs, and speed limit signs as required by the County Engineer. All signs shall be of non-corrosive, reflective material construction and shall be of a type approved by the County Engineer. Two street markers of standard design as prescribed by current County standards shall be provided at each inter- section. A street sign shall be placed at a point eight (8') feet from the edge of pavement on a radial line that bisects the intersection radius curve. Ail signs shall be designated on construction plans prior to their approval by the County Engineer. 10. Pavement Painting and, Striping - Ail work shall be in accordance with Section 710 D.O.T. Standard Specifications for Road and Bridge Construction (1973 Edition or latest 105 £C;LLI~.~ OFF 2 18 ? 5 ARTICLE XI (Cont.) SECTION 17 (Cont.) edition thereof) ~i. ALTERNATIVE TYPES OF PAVE~NT~ BASE & SUBGRADE Alternate types of pavement, base and subgrade which, in the opinioq of the County Engineer, are equal or superior to those specified may be approved. Application for such approval shall be accompanied by written data, calculations and analysis which show, by accepted engineering principles, that the alternate types are equal or superior to those specified. O. STREET GRADES - Street grades shall be determined in relation to the drainage facilities for the land develop- ment or subdivision ~nd shall not exceed two and one-half (2-1/2) percent unless adequate protection for erosion is provided. Swale grades shall be no less than 0.1 percent. Grades for guttered sections shall be no less than 0.3 Dercent unless otherwise approved by the County Engineer. Road grades shall be shown on the development plans by the direction, percent of fall and with a centerline lineal distance between control points. P. SWALE AND SWALE GRADES - Swales within the right- of-way shall not exceed those shown in the current County standards. Runoff may be accumulated and carried An the swales and guttered locations in the right-of-way along streets in accordance with the maximum high water elevations as specified in the water management section of these design requirements. Water in excess of these quantities shall not be 106 OFF REC Z PAGE 18 7 6 ARTICLE XI (Cont.) SECTION 17 (Cont.) carried in the street swale or gutter in the right-of-way, but shall instead be diverted therefrom and carried away in storm sewers, in tho manner specified in the water management section of these design requirements. Q. ~RGINAL ACCESS STREETS - Where a subdivision or land development abuts or contains an existing limited access highway, freeway or arterial stregt, and if access is desired to adjoining property other than street connec- tions, a marginal access street to afford separation of through and local traffic shall be required. R. HALF STREETS - Half or partial streets shall not be permitted except where essential to the reasonable development of a tract in conformance with the Circulation . Plan, Comprehensive Plan or these Regulations and where in additign, satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be developed borders on an existing half or partial street, the other part of the street shall be required to be dedicated and constructed within such tract. A proposed land development or subdivisi6n that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these Regulations shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way require- ments of these Regulations can be established. 107 · BOOK 4 2.50 ARTICLE XI (Cont.) SECTIOn; 17 (Cont.) S. OFF REC 6 2 PAGE 18 7 7 LIMITED ACCESS STRIPS - Limited access controlling access to streets shall be prohibited except where approved by the County. SECTION 18 TRAFFIC CONTROL DEVICES - The design and installation of traffic control devices shall be in accordance with the latest edition of the Manual for Uniform Traffic Control Devices. SECTION 19 UTILITIES - Utilities, including franchised utilities, power and light, telphone and telegraph, water, sewer, cable television, wiring to street lights and gas shall be installed underground. This section shall apply to all cables, conduits or wires within subdivisions forming part of an electrical distribution system including service lines to individual properties (industrial land, commercial sites and residential lots larger than two (2) acres may be exempted), and main distribution feeder electrical lines delivering power to local distribution systems. This section does not apply to wires, conduits or associated apparatus and suppor~ing structures whose exclusive function is in ~T~CCE X~ (Cont.) C~U~T~ R~C 6 C 2 PA6E 18 ? 8 SECTION 19 (Cont.) transmission or distribution of electrical energy between land developments or subdivisions generating stations, substations and transmission lines of other utility systems, or along the perimeter line of the development. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distribution, system may be placed above ground but shall be located so as not to constitute a traffic hazard. Easements shall be coordinated with the appropriate public utility before fins1 approval and shall be provided as prescribed by this Ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective public utilities rules and regulations. Exception or modifications to the requirements for underground utilities may be approved in situations where soil conditions such as water saturation, excessive rock formation, or other physical barriers make it impractical and/or an excessive economic hardship has been demonstrated. SECTION 20 UTILITY INSTALLATION - After the clearing, grubbing 109 C~'tll~. ~ O~'F co , v 6/,2 P GE 1879 SUPP. I 1/8/76 ARTICLE XI (cont.) SECTION 20 (Cont.) and grading has been completed within six (6") inches of final subgrade of the road way for a street, all underground work for the water mains, sanitary sewers, storm sewers, gas mains, telephone, electrical power conduits and appur- tenances and any other utility shall be installed across the width of the street to the sidewalk area, or provisions shall be made so that the roadway or right-of-way will not be disturbed for future utility installations. All under- ground improvements so installed for the purpose of future service connections shall be properly capped and backfilled. SECTION 21 UTILITY CASINGS - For future service the subdivision or land development shall be designed with a spare twelve (12") inch utility casing beneath the pavement at the intersection of local streets to collector streets and collector streets to arterial streets. At the inter- sections of local and collector streets, or collector and arterials the casings need only be placed across the lower class roadways and parallel to the higher classed roads, unless otherwise directed by ~he County Engineer· SECTION 22 WATER ~NAGEMENT A. ~Cope - A complete surface water management system shall be provided for all areas within the land development or subdivision, including lots, streets and alleys. ARTICLE XI .(Cont. ) SECTION 22 (Cont.) Where drainage runoff from outside the development passes over or through areas of the development, such runoff shall be included in the drainage system design. The system shall be designed for long life, low cost main- tenance by normal maintenance methods and provide for maximum practicable on-site retention of all surface waters and ground water recharge. B. Rainfall & Runoff Criteria - The system shall be designed for "design floods" resulting from rain storms and antecedent conditions of the following expected' frequencies or greater: 1. Major Drainageways - Twenty-five (25) year intervals of "critical storm" duration and two (2") inches of rainfall during the previous twenty-four (24) hours for major drainage ways. Runoff in the developed state shall not exceed the runoff in the pre-developed state. Artificial lakes and retention basins proposed as part of a storm water retention area for on-site water management shall be monitored by the developer, at no cost to the County, for quality and quantity in accordance with procedures established by the U.S.G.S. and approved by the County Engineer's office. Lake monitoring shall continue for a period adequate to evaluate the "long-range" characteristics of the system. All monitoring programs shall continue for a period of no less than three (3) years. ARTICLE XI (Cont. SECTION 22 (Cont · 2. cou, ,[c PAGE 1881 SUPP. I 1/8/76 Other Draina~eways - Ten (10) year intervals of "critical storm" duration with two (2) inches of rainfall within the previous twenty-four (24) hours for all other drainage facilities. Rainfall intensity data shall be taken from reference establiohed by the County Engineer. C. RUNOFF COEFFICIENTS - Existing land usage shall be considered for the selection of proper runoff coefficients within the drainage basins involved, whether within the land development or not. Weighted runoff coefficients shall be applied where different coefficients apply within the area comprising the basin. D. DRAINAGE OUTFALLS - Surface and flood waters shall ~e conducted to positive outfalls that can be permanently maintained, practicably and legally. Outfalls to existing waterways, canals, lakes or .storm sewers shall be acceptable provided it can be demonstrated to the County Engineer that such receiving systems have adequate capacity to receive the proposed additional flood flow. Side ditches along public roads shall not be accepted a? suitable positive outfalls except as may be specifically accepted by the County Engineer, and by the Florida D.O~T. if applicable. Drainage wells or underdrains may be accepted as,positive outfalls where adequate percolations volumes can be provided 'in locations capable of accepting the design quantities of water· CCLLI~,~ O~F COUNTY REC 6 ~ 2 PAOE 18 8 2 ARTICLE XI (Cont.) SECTION 22 (Cont.) E. MAJOR WATER,CAY - Improvement or establishment of major waterways and canals is of such significance to the County that the design of each such proposed im- provement or establishment shall be developed in full accord with applicable water management criteria adopted or under study. Engineering data, criteria and suitable calculations shall be submitted to the County Engineer prior to approval of construction plans. Roadways over major waterways shall be structures of reinforced concrete approved by the County Engineer, sized to maintain no less than the original waterway op~ning and flow capacity, des].gned to assure long life and minimal maintenance. Construction shall meet all current Florida D.O.T. Standard Specifications for Road and Bridge Construc- tion. F. OUTFALL DITCHES AND OPEN CHA/FNELS - With the exception of roadside swales, all outfall ditches and open channels lying within one hundred (100') feet of residential lots or school sites, or running through residential block may be permitted upon approval of the County Engineer. Where such watercourses are permitted, they shall retain their natural design characteristics and be so designed and protected that they do not present a hazard to life and safety. Unless otherwise approved, side slopes no steeper than 4 to 1 shall be allowed. Protection against scour and erosion shall be provided as required by the County 113 COLLi~.~ OFF county 2 PAGE 18 8 3 ARTICLE XI (Cont.) SECTION 22 (Cont.) Engineer. G. ROADSIDE SWALES 1. Design - In the interest of preserving the existing natural ground water levels, roadways shall not be designed so as to cause the lowering of the water levels existing ~n the area prior to development. Roadside swales and ditches within street rights-of-way shall have side slopes no steeper than 4 to 1. Ditches and swales shall be constructed not to carry more than one (1') foot of water for any twenty-four (24) hour period under "critical storm" conditions. For stozws up to ten (10) years in frequency, the maximum high water elevation in the roadside swales and ditches shall not exceed the bottom elevation of the twelve (12") inch stabilized sub-grade. Waters in excess of this quantity shall be diverted from the swales and carried away to retention basins, percolation area or outfall ditches and channels by means of storm sewers, or other means approved by the County Engineer. Where flow velocities in excess of four (4) F.P.S. are anticipated, gutter sections shall be provided. 2. Erosion Protection - Ail unpaved areas within the permanent right-of-way shall be provided with permanent erosion protection. Such protection may be turf, using an approved type grass, or may employ an approved type of pavement liner. When turf protection is used, swale ditches 11,4 4 COLLI~.I~ OFF county ,EC 6/., 2 PAGE SUPP. I 1/8/76 ARTICLE XI (Cont.) SECTION 22 (Cont.) shall be sodded, sprigged or seeded a lateral distance extending from within one (1') foot of the road pavement to the top of the swale ditch backslope. Where valley guttered sections are used for drainage ways, turf protection shall be placed from the edge of the gutter to the outer limits of the right-of-way. Mulching in accordance with the Florida State Road Department standards shall be required. Where channel lining is used in ditch bottoms, grades must be planted beyond limits of such lining. *Note: Valley guttered sections shall be permitted only where central sewage collection and treatment are to be provided. 3. Driveways Across Swale Ditches - Driveways across swale ditches shall have placed beneath them drainage pipes of adequate size approved by the County Engineer. H. STREET DRAINAGE - Street drainage through grassed uwaleu may be permitted except where velocities in excess of four (4) F.P.S. are anticipated. The flow from these swales or other types of drainage facilities shall be diverted to natural percolation areas, artikiciai seepage basins or artificial lakes of at least sufficient capacity to retain the "critical storm" runorr resulting from the altered conditions brought on by a development or sub- division from each drainage area for a twenty-five (25) year storm. Other equally effective methods of returning cleansed waters ARTICLE XI (Cont.) SECTIO~ 22 (Cont.) SUPP. i J. PERCOLATION AF~E. AS - the actual area required will dopend on the percolation rate for the soils at the specific site and the manner in which the site is developed. All percolation areas shall be grassed in accordance with re- quirements of the Collier County Engineer, and the Director and shall be planted in trees, shrubs, or other plants capable of taking up large volumes of nutrients. K. UNDERGROUND DRAINAGE - Where drainage plans provide for, or it is so directed by the County Engineer, the collection of surface water in underground pipes, inlets and other appurtenances for conveyance to an intermediate or ultimate outfall, the following minimum design criteria shall be observed: 1. The minimum pipe used within the surface water collection system shall be fifteen (15") inches in diameter. 2. Inlets shall be spaced at such intervals and in such a manner to allow for the acceptance of one hundred (100%) percent of the design runoff. 3. The distance between terminating and inter- mediate structures shall not exceed those required by the Department of Environmental Regulations and the Department of Transportation. 4. The surface water, underground collection system, shall be so designed that the elevation of the hydraulic gradient during a ten (10) year "critical C[:LLI~.~ OFF cou lv 6 Z PAGE 1 B 8 6 ARTICLE XI (Cont.) SECTION 22 (Cont.) storm" is never higher than the grate elevation of any inlet in the system. 5. The pipes shall be sloped and the structures channeled to develop sufficient scouring to minimize sediment. 6. The pipe materials used shall meet the re- quirements set forth in Secions 943-948 inclusive of the 1973 or current Edition of the Florida Department of Transportation Standard Specification for Road and Bridge Construction. Only concrete pipe or other pipe materials approved by the County Engineer may be used in tidal or salt waters. 7. All drainage pipes shall be fitted with headwalls, endwalls, inlets and other appropriate term- inating and intermediate structures. These structures shall meet the approval of the County Engineer. 8. Ultimate outfall form an underground surface wator colloction system shall begin no less than one hundred (100') feet beyond the outer edge of the subdivision or land development or at the nearest natural outfall. L. SURFACE WATER DISPOSAL - The method of ultimate disposal of surface waters will be dependent upon the soil characteristic underlying the land development or subdivision. Ail surface waters will be subjected to treatment for the removal of petroleum residues, oils, suspended solids and other pollutants found in surface waters. The method of treatment will be determined by the consulting engineer C~LLI~OFF ARTICLE X~ (Cont.) SECTION 22 (Cont.) responsible for the preparation of the drainage plans and speciffcations, and shall be subject to the approval of the Collier County Engineer and the concerned State agencies. Areas having "excessively drained to moderately well- drained" soils comprise the "prime aquifer recharge areas" of Collier County. Land developments or subdivisions located on such soils, resulting from conditions created by development, shall provide for on-site percolation of rain water, up to and including a twenty-five (25) year storm with antecedent conditions of one-half (1/2) inoh of rainfall during the previous hour and two (2") inches of rainfall during the previous twenty-four (24) hours. Typical methods acceptable for on-site disposal lnclude~ 1. Filtered Recharge Wells 2. Bottomless Inlets 3. Perforated Pipe 4. Guarding to Retard Runoff 5. Artificial Seepage Basins Surface water disposal outside of the "prime aquifer recharge areas" shall require systems which incorporate special (engineering) design features to remove pollutants, oils, suspended solids and other objectionable materials found in storm water runoff. The treatment facilities shall be designed by a Florida registered engineer and be approved by the County Engineer and all concerned State 119 COU,;YReC ~2PAGE ARTICLE XI (Cont.) SECTION 22 (Cont.) of Florida agencies. M. PLANS & SPECIFICATIONS - As a pre-condition for approval of construction plans, the developer or subdivider shall deliver to thc County Engineer, complete plans and specifications in report form prepared by a registered professional engineer licensed to practice in the State of Florida, which shall include the following~ 1. A topographic map of the land development related to mean sea level - 1929 datum, (N.G.V.D.) with contours shown at not greater than one (l') foot intervals. 2. A drainage map of the entire basins within which the development or subdivision lies. This map may be combined with the above topographic data in a manner acceptable to the County Engineer. All ridges lying within the basins and the area of the basins stated in areas, of all the existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. 3. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water elevations, recurring high water elevations, proposed design water elevations and other related hy- drologic data. 4. Drainage data, assumed criteria and hydraulic calculations, (The "rational formula" or other methods acceptable to the County Engineer shall be employed). 120 ARTICLE XI (Cont.) SECTION 22 (Cont.) 5. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction 6. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads for a minimum distance of five hundred (500') feet from point of intersection. 7. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall ~e provided by the developer or subdivider to accommodate these and future needs. SECTION 23 WATER SYSTEMf CENTRAL - The design of a central water system shall be prepared by a Florida registered professional engineer ~nd shall conform to the acceptable standards of sound practices for municipal water supply and fire pro- tection systems and shall be in conformance with the standard and specifications for water distribution systems as described in Section 20-68 of the City of Naples Code unless otherwise directed by the County Engineer or set forth in these Regula- tions. The system shall be designed to provide maximum day domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, in addition to 121 OFF ARTICLE X! (Cont.) SECTION 23 (Cont.) fire flows Of at least five hundred (500) gallons per minute in a residential development and at least seven hundred fifty (750) gallons per minute in commercial industrial, institutional and multiple family residential areas. The system shall be designed with minimum six (6") inch mains. Water mains ~hall be required on all streets and shall be looped except in the case of cul-de-sac streets.. Sufficient storage or emergency pumping facilities shall be provided within the water system for at least one (1) day's consumption and to such an extent that *~.e minimum fire flow will be maintained for at least four (4) hours. Materials used shall conform to all appropriate and current A.W.W.A. & A.S.T.M. standards and be acceptable to the County Engineer. Conduits, properly sized shall be placed under all streets for future water system connections to all private properties, public facility and to all median str~ps. The appurtenances to the system shall be equal to or exceed those required by current County standards. Plans for the system shall be fully approved by all requisite State and County authorities. SECTION 24 WATER SYSTEM~ INDIVIDUAL - Where a central system is not required or provided, the lots shall be designed to facilitate the installation of individual water system. Wells shall be located in a manner so that they will not be nearer than seventy-five (75') feet from any source of pollution including but not limited to septic tanks, 122 COU,TY REC 6 & 2 PAGE SUP?. i 1/8/76 ARTICLE XI (Cont.) SECTION 24 (Cont.) drain fields, sewer lines or other polluted bodies of water. Where individual water systems are proposed, the area shall have the prior approval of all requisite State and County authorities including approval of chemical and bacteriological samples by the Florida State Division of ~ealth and Rehabilitive Services. Where individual water facilities are prohibited a central water system shall be provided. SECTION 2 5 WATER AND SEWAGE TREATMENT & PROCESSING PLANTS - Construction plans and specifications for both water and sewage treatment and processing plants to serve a proposed land development or subdivision shall be coordinated with the County Engineer's office. Such plant design shall incorporate the concept of modular construction such that additional treatment %%nits can be constructed as demands dictate. The entire water and sewage facilities must be engineered and coordinated with the County's over-all plan. The design of such treatment facilities must be prepared by a Florida registered pro- fessional engineer and shall conform to the requirements of the requisite State and County authorities. . ARTZCIoE XI I CONSTRUCT£ON OF REQUIRED IMPROVEMENTS SECTION 1 CONSTRUCTION ~THODS - Construction methods shall be those prescribed in the design requirements of these Regulations and those prescribed by the current Department of Trans- portation Standard Specifications for Road and Bridge Construction. SECTION 2 ADMINISTRATION OF CONSTRUCTION - After approval of the final plat and upon posting of the guarantees herein specified, a developer may construct the required improvements subject to obtaining all required permits. The County Engineer shall be notified in advance of the date of commencement of such construction. Construction shall be performed under the surveillance of, and shall at all time~ be subject to, review by the County Engineer; however, this in no way shall relieve the developer and his engineer of the responsibility for close field coordination and final compliance with the approved plans, specifications and the requirements of this Ordinance. The developer shall require progress reports and final certification of the construction of the required improvements from such engineer be filed with the County Engineer. The County Engineer or his duly authorized representative shall have the right to enter upon the property for the purpose of reviewing the construction of required improvements during the progress of construction. The developer's engineer shall submit 124 4 ARTICLE XII (Cont.) SECTION 2 (Cont.) construction progress reports, at points of progress prescribed by the County Engineer. The developer's engineer shall coordinate joint reviews of the construction with the County Engineer. The County Engineer shall have the authority to review the construction of the required improvements as prescribed by this Ordinance. SECTION 3 MEASUREMENTS AND TESTS - During construction, the developer's engineer shall submit to the County Engineer such measure- ments, field tests and laboratory tests pertinent and customary with recognized National and State standards for the materials, facilities and improvements being constructed which certify that the work and materials conform with the approved develop- ment plans and specifications and the provisions of this Ordinance. SECTION 4 COMPLETION CERTIFICATE - The required improvements shall not be considered complete until a statement of substantial completion by the developer's engineer along with the final project records have been furnished to, reviewed and approved by the County Engineer for compliance with this Ordinance. The developer's engineer shall also furnish a copy of each of the construction plans on a high quality, time stable reproductive material acceptable to the County Engineer, showing the original design in comparison to the actual ~OLLtE~ OFF ARTICLE XII (Cont.) SUPP. 1 1/8/76 SECTION 4 (Cont.) finished work and a copy of the measurements, test and reports made on the work and material during the progress of the construction. SECTION 5 TIt~ EXTENSIONS - All required improvements shall be completed within 36 months from the date of recording of the plat, or if construction of improvements is undertaken prior to recording the plat, within thirty six (36) months from the date of approval of the final plat. If improvements are not complete within the prescribed time period, the County Engineer shall recommend to the Board the use of the guarantee for completion. ARTICLE XIII ACCEPTANCE AND MAINTENA~3CE OF REQUIRED IMPROVE.~E~TS SECTION 1 WOR/~SHIP AND MATERIAL AGREEmeNT - The developer shall execute an agreement guaranteeing the required improvements against defect in workmanship and material for OhO year after acceptance of such improvements by the Board of County Commissioners. Said agreement shall be submitted to the 'County Enineer along with the completion certificate and project records. SECTION 2 ACCEPTANCE OF DEDICATION & MAINTENanCE OF IMPROVEMENTS - The dedication of public space, parks, rights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the County. The acceptance of the dedication shall be indicated by a Resolution adopted by r,X;LLt:. R OFF COUNTY REC 6 L, 2 PAGE 18 9 5 ' ARTICLE XIII (Cont.) SECTTON 2 (Cent.) the Board of County Commissionerz stating that the developer attests that all improvements meet or exceed the standards set forth by this Ordinance. The County Engineer upon satisfactory conipletion of the improvements and receipt by the County Engineer of the statement attesting to such completion by the developer's engineer, shall, if in agreement, certify that the developer has complied with all of the provisions of this Ordinance and acceptance of tho 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 respon- sibilities of the required improvements. SECTION 3 COUNTY COMPLETZON OF REQUIRED IMPROV£~NT$ - When a plat has been recorded and tile developer fails to complete the required improvements as required by this Ordinance, the Board of County Commissioners shall complete the required improvements under the guarantees provided by the developer. In such case, the Board of County Commissioners shall direct the County Engineer to call upon the guarantees to secure satisfactory completion of the required improvements. Upon the completion of such action, the County Engineer shall report to the Board and the Board shall accept by Resolution the dedication and maintenance responsibility as indicated on the plat. In such cases, the remaining guarantees posted by the developer shall be retained for a period of one (1) 127 BOOK C~LLI~.~ O£F cou, 6 2 PAO ' 18 9 6 SUPP. I 1/8/76 ARTICLE XIII (Cont.) SECTION 3 (Cont.) year after completion in lieu of the agreement any defects occurring during this period shall be repaired using funds remaining in the guarantee. SECTION 4 FAILURE TO COMPLETE UNRECOPDED SUBDIVISIONS - ~ere a' developer has elected to install the required improvements prior to recordation of the plat and fails to complete such improvements within the time limitations of this Ordinance, all approvals of the subdivision shall be null and void. No reference shall be made to the plat with respect to the sale of lots or issuance of building permits, unless and until the plat has been resubmitted with all of the supplementary material and approvals as herein pre- scribed have been granted. ARTICLE XIV PLANNED UNIT DEVELOPMENT - ~lanned Unit Developments as defined in the Zoning Ordinance shall comply with the requirements of this Ordinance after approval of the Master Plan as required by the Zoning Ordinance. Lot sizes, setbacks and other features preserving open spaces of scenic and useful value for common enjoyment es~ablished in the Zoning Ordinance for Planned Unit Development take precedence over this Ordinance in cases of specific conflict. Planned Unit Developments shall otherwise comply with all [;~LLI~. ~ O~F ARTICLE XIV (Cont.) sections of this Ordinance, unless specifically approved as outlined in ARTICLE VII, SECTION 2. 129 C~LU~H OFF cou, v eec 6 2 PAGE ARTICLE XV REVERSION OF SUBDIVIDED LAND TO ACREAGE. A. The Board of County Commissioners of Collier County, Florida, shall have tbs power, on its own motion, to order the vacation and reversion to acreage of all or any part of the subdivision within the unincorporated areas of Collier County, including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or other parcels. B. Such order of vacation and reversion of subdivision plats may only bo madc by the Board of County Commissioners if: (1) A plat of the subdivision was recorded as provided by law not less than five (5) years before the date of proposed reversion to acreage; and (2) In the subdivision or part thereof probose4 to be reverted to acreage, not more than ten per cent (10%) of the total subdivision area has been sold as lots by the original subdivider or his successor in title. C. Prior to ordering such a vacation and reversion to acreage, the Board of County Commissioners shall hold a public hearing relative to the proposed vacation an4 reversion to acreage, upon due public notice. At such public hearing the vacation and reversion to acreage of s%~divided land must be shown to conform to the comprehensive plan of the area in that the public health, safety, economy, 130 ~OOK 4 PAGE ARTICLE XV (Cont.) comfort, order and welfare will be promoted thereby. D. The owner of any parcel of land in a subdivision vacated and returned to acreage shall not be deprived by the reversion to acreage of any part of the subdivision of reasonable access to such parcel nor to reasonable access therefrom to existing facilities to which such parcel has theretofore had access. Such access remaining or pro- vided after such vacation and reversion may not neces- sarily be the same as theretofore existing, but Shall be reasonably equivalent thereto. E. The owner or owners of a subdivision subject to vacation and reversion to acreage by motion of the Board of County Commissioners may at their option vacate or abandon the subdivision or portion thereof, or may im- prove undeveloped rights-of-way or rights-of-way which have been partially improved at their cost and expense, provided such improvements shall comply with the provisions of these regulations and upon completion be acceptable to the Board of County Commissioners for maintenance, I~OOK 131 ARTICLE XVI CU.I.!Ut cou~IT¥ R~c 6/., 2 PAGE 19 0 0 CONFLICTING REGULATIONS REPEALED All special laws, ordinances, resolutions, or regula- tions relating to the subdivision of land, except as are specifically given force and effect by these Regulations, are hereby repealed to the extent such ~pply within the Coastal Area Planning District of Collier County. 4 PAnEl74 APPENDICES A. Data Sheet #1 - Master Plan B. Data Sheet ~2 - Construction Plans and Specifications C. Data Sheet ~3 - Final Plat' D. Typical Street Sections and Roadway Design Standards 132 OFF REC 6Z, 2 PAGE 1902 APPENDIX "A" DATA SHEET ~1 THE FOLLOWING IS A CHECK LIST OF THE MINIMUM INFORMATION TO BE CONTAINED ON THE MASTER P/~N (DETAILS OF THE MASTER REQUIREMENTS ARE CONTAINED IN ARTICLE IX) Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated areas of Collier County. 2. A vicinity plan showing the location of the tract in reference to other areas of the County. 3. North arrow, graphic scale and date. Name , address and telephone nun%bet of the developer, along with the name and address of the engineer and surveyor responsible for the plan, plat and supporting data. 5. The locations and names.of adjacent subdivisions, if any, and plat book and page reference. 10. 11. The tract boundary with bearings and distances along with written description. Topographical conditions on the tract including all the exigting watercourses, drainage ditches and bodies of water, marshes and other signi'ficant features. All existing streets and alleys on or adjacent to the tract including name, right-of-way,l~idth, street or pavement width and established centerline elevation. Existing streets shall be dimensioned'to the tract boundary. All existing property lines, easements and rights-of-way, their purpose, and their effect on the property to be subdivided. The location and right-of-way width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. The incorporation and compatible development of present and future streets as show~ on the Official Land Use Guide adopted by the Board of County Commissioners, when such present or future streets are affected by the proposed subdivision. 133 IX:lll~.I~ O~'F COUNTY 6/ 2 PAI [ 1003 APPENDIX "A" DATA SHEET #if (Cont.) 14. 15. 16. 17. 18. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. Generalized statement of sub-surface conditions on the property location and results of tests made to ascertain sub-surface soil conditions and ground water depth. Zoning classification of the tract. 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 are available and have been coordinated with all required utilities. Sites proposed for parks, recreational areas, and school sites in accordance with existing ordinances requiring dedication. 134 APPENDIX "A" MASTER PLAN CERTIFICATES Certif...i..ca.t.e' of Master.. Plan Approval All requirements of the Collier County Subdivision Regulation~ relative to the preparation and submittal of a Master Plan having been fulfilled, approval of this Master Plan is hereby granted, subject to f~rther provisions of said Regulations. This certificate shall expire the day of .. , 19__. DATE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA chairman 135 PAGE suPP. 1. 1/8/?~ APPENDIX "B" DATA SHEET ~2 THE FOLLOW'lING IS A CHECK LIST OF THE MINIMUM INFOR~L%TION TO BE CONTAINED ON THE CONSTRUCTIO~ PLA~S (DETAILS OF THE CONSTRUCTION PLAN REQUIREmeNTS ARE CONTAINED IN ARTICLE I~ CONSTRUCTION PLANS for all the improvements required by this Ordinance shall be prepared, certified, and sealed by the developer's engineer. The plans may be under separate cover for each of the following when required: 1. Paving, grading, and drainage. 2. Bridges 3. Water and sewerage systems Street lighting, landscaping within public rights-of-way, parks, recreational areas and parking areas. Plans for street lights shall bear the approval of the requisite utility authorities involved. The plans shall be so complete that from them a complete review and analysis can be made withou~ research of any outside data. The plans shall consist of and contain, but shall not be limited to: 1. A cover sheet, including a location plan~ 2. Plan showing complete details including water, sewer and storm drainage systems; A drainage map showing the complete drainage system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, the effect to and compatibility of drainage.of surface waters. The complete calculations used to design the system shall be attached; 4. Typical sections and summary of quantities; 5. Construction details showing compliance with State and County standards; 6. Special profile sheets, if necessary, show~ng special or unique situations; 7. Bench marks based on NOAA datum; Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed. Where non-pervious soils (commonly called APPENDIX "B" DATA SHEET $2~. (Cont.) hardpan) are encountered, the plans shall reflect a ~atisfactory design to cope with such conditions. If the soil area contains hardpan or other non-pervious soils, the County Engineer shall require such additional design and construction as are necessary to assure ~roper drainage and development of the area. The construction plans and attachments shall contain the special conditions and specifications pertaining to the subdivision in note form on the plans, a) required compliance with this Ordinance b) where applicable, required compliance with state standards as currently adopted and in use c) minimum standard for materials d) test requirements for subgrade stabilization, base and backfill e) source of water and sewer service f) required installation of subsurface construction such as water lines, sewer lines, public utilities a~%d storm drainage prior to compaction of subgrade and roadway construction. 137 4 DATA SHEET THE FOLLOWING IS A CHECK LIST OF THE MINIMUM INFORMATION TO BE CONTAINED ON THE FINAL PLAT (DETAILS OF THE FINAL PLAT REQUIREMENTS ARE CONTAINED IN ARTICLE IX) 2. Title 3. Description 4. Index 5. Survey Data Name of Subdivision a. The scale, both stated and graphically iljustrated, on each sheet. A north arrow shall be drawn on each page and the bearing or azimuth reference shall be clearly stated on the face or first page of the plat in the notes or title. The north direction shall be at the top or left margin of the map or within that 90' quadrant, when practical. c. The point of beginning shall be boldly sho~wn together with the letters P.O.B. in bold letters. All intersecting street right-of-way lines shall be  oined by the long chord of a minimum radius of 5 feet and all dimensions shall be shown. e. All adjoining property shall be identified by a subdivision title, plat Book and page or if unplatted, the land shall be so designated. Permanent reference monuments shall be shown in the manner prescribed by Chapter 177, Florida Statutes, as amended, and shall be installed prior to submission of the final plat. There shall be reserved on each sheet of the plat a three (3") inch by five (5") inch space in the upper right hand corner to be used by the Clerk of the Circuit Court for recording information and each sheet shall reserve three (3") inches on the left margin and a half (1/2"} inch margin on all remaining sides. 138 OFF APPENDIX "C" pATA.S.HEET 7. 8. 9. 10. ll. 12. 13. he The map shall mathematically close within 0.01 feet and shall be accurately tied to all county, township, range and section lines occurring within the subdivision by distance and bearing. The cover sheet or first' page of the plat shall show a location plan, showing the subdivision's location in reference to other areas of the county. Lot and Block Identification Street Names Not included parcels shall be marked "not part of this plat". Rights-of-way and Easements Restrictions, reservations and restrictive covenants shall be submitted with the final plat. Private streets and related facilities. Certifications and approvals Existing or recorded streets. APPENDIX "C" FINAL PLAT C~:L L;~,;~ OFF county eec 6/ 2 PAGE 1009 REQUIRED CERTIFICATIONS DEDICATICNS State of Florfda ) County of Collier) KNOWN ALL MEN BY THESE PRESENTS that the owner of the lands described hereon has caused'"this p'lat of such lands to be made and does hereby dedicate the streets, roads, easements as shown hereon to the perpetual us of the public for the purposes shown. WITNESS: OWNERS: INDIVIDUAL ACKNOWLEDGMENT State of Florida ) ) ss. County of Collier) I HEREBY CERTIFY that on this day, before me, an officer duly authorized An the State and Cottnty aforesaid to take acknowledgments, personally appeared , to me known and known by me to be the person described in and who executed the foregoing dedication and acknowledged before me that they executed the same. Witness my hand and official seal in the State and County aforesaid this __ day of , 197__. My Commission Expires: Notary PUblic 140 BO0~ SUPP. 1. 1/8/76 APPENDIX "C" CORPORATE ACKNO%rLEDG:.~E NT STATE OF FLORIDA ) ) SS. COUNTY OF COLLIER) I HEREBY CERTIFY tha~ on this day, before me, all officers duly authorized in the State and County aforesaid to take acknowledgments, personally appeared to me known to be the respectively of the corporation named as~~at~r on the for~going plat, and that they severally acknowledged executing the same voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State aforesaid this .... day of , . , 19 . My Commission Expires: Notary public SURVEYOR'S CERTIFICATE IT IS ~EREBY CERTIFIED that this plat ia true and correct and was prepared from an actual survey of the property by me or under my supervision~ that all monuments shown hereon actually exist or will exist prior to final acceptance of the subdivision, and their location, size, type and material are correctly shown, as provided in the current edition 'of Chapter 177 of the Florida Statutes. By .' Florida Registered Land Surveyor No. Date: APPENDIX "C" county REC 2 PAGE SUP~. 1. 1/8/76 APPROVALS ENGINEER o~ This plat approved by the County Engineer, this . day , 19 County Eng~n~er EEALTH DEPART.~ENT (Use only that endorsement appropriate for project) A. This plat approved by the County ~ealth Department this day of . , 19 , provided that central water and central s~wers are ~lable and no individual potable water wells or individual sewage systems are permitted. "' CoUnty Sanitari'an - B. This plat approved by the County Health Department this day of , 19 , with temporary use of t-6~-fvidual potable w~er' wel~--~r individual sewage disposal systems with connections to central water, central sewers when they are required by Florida Statutes and Collier County Ordinances· County sani~ian ATTORNEY This plat approved by the County Attorney this of , 19 ... .day County Attorney APPENDIX "C" APPROVALS (Cont.) This plat t~ approved in regular open meeting of the Board of County Commissioners of Collier County, Florida, this day of , 19__, providing that the plat ls~iled in the O'ffice of ~ Clerk of the Circuit Court of Collier County, Florida. MARGARET T. SCOTT, Clerk BOARD OF COUNTY COM~'ISSIONERS COLLIER COUNTY, FLORIDA Chairman FILING RECORD I hereby certify that this plat has been examined by me and that it complies in form with the requirements of Chapter 177, Florida Statutes. I further certify that said plat was filed for record at __(A.M.) or (P.M.) this day of .., 19__ and duly recorded in Pla-~ook , Page(s) of the public records of Collier County, Florida. MARGARET T. SCOTT, Clerk By ~ TITLE CERTIFICATION STATE OF FLORIDA COUNTY OF COLLIER (I) (We), , (a duly licensed ~ttorney in the State of Florida) (a title insurance company, duly . licensed in the State of Florida) do hereby certify that (we) have examined the title to the hereon described property is vested to (Individual/Cgrporation); that the current taxes have been paid; and [that (I) (We) find that the property is free of encumbrances] or, if applicable [that the property COU,TY REC 6 Z PAGE SUPP. 1. 1/8/76 APPENDIX "C" TITLE C..E.RTIFICATION (Cont. is encumbered by the mortgages shown hereonl and that (I) (we) find that all mortgages are shown and are true and correct] and/or if applicable [the property is found to contain deed reservations which are not applicable and do not affect the subdivision of the property]. (AttorneY-~t-la~ licens6d- in Florida) or ~Offic~r"'of title ~n'Surance company licensed in Florida) MORTGAGEE'S CONSENT STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER) The undersigned hereby certifies that it is the holder of (a) mortgage(s), lien(s), or other encumbrance(s) upon the hereon described property and does hereby Join in and consent to the dedication of the lands described in the dedication hereto, by the owner thereof and..agrees that its mortgage(s), lien(s), or other encumbrance(s) which (is) (are) recorded in Official Record Book Page(s) of the Public Records of Collier Coun-~--~lor~da, shall be subordinated to the dedications shown hereon. (CORPORATION) In witness whereof, the said corporation has caused these presents to be signed by its President/Vice President and attested by its Secretary/Assistant Secretary and its corporate seal to be affixed hereon by and with the authority of its Board of Directors, this day of RE¢ 6/., 2 PA(~E'I'91,/~. APPENDIX "C" MORTGAGEE ' S CONSENT (Cont.) (Corporate name) Attest: By~ (Secretary/Asst. secretary -~preSident'/Vice ~resident) (INDIVIDUAL) (SEAL) Witness: By~ Witness: ACKNOWLEDGMENT cou,n' R~c 6 ~ 2 PA6E 1915 APPENDIX "D" Typical Street sections and Roadway Desi~5, standards Local - 2 Lane Swale Ditch Local - 2 Lane V Gutter Minor Collector - 2 Lane Swale Ditch Minor Collector - 2 Lane V Gutter Minor Collector - 2 Lane Divided - Swale Ditch Minor Collector - 2 Lane Divided - V GuLter Major Collector - 4 La~e - Swale Ditch Major Collector - 4 Lane - V Gutter Major Collector - 4 Lane Divided - Swale Ditch Major Collector - 4 Lane Divided - V Gutter Arterial - 4 Lane Divided - Swale Ditch 146 C~;LLi~;~ OFF eaU,TV aEC 6 L~ Z PAGE 191 ? rI ii COLLI;:;~ .: ~00~ £~LLIF.~ O£F 150 PAGE county e~c $ Z, 2, PAGE couaTv acc 6 ~ Z PAGE L~LLi~h cou,tv ~c 6 fi 2 PA6E 19 2 S ~OOK L_.J COUNTY REC 6 ~, 2 PAGE cou~ ~rc 8/~ Z P/~GE ~ ~ Z 9 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, upon a vote of 4/5 of the membership of this Board, this 17th day of February, 1976. BOARD OF COUNTY COMMISSIONERS COLLIER CO/;NFY, FLORIDA ATTEST I . BY ( :",.,,,J Th.." .GA, R~T T. SCOTT, Clprk ........ C.~. ~Russ" Wtm~r . .. : " :' /p rove.,~ _ ~-'~Dd as to for~ & legal sufficiency ".,. ~. '... ....'.' ...','. _/~~~,~*~W'_./ - '*, . '... ., '.... Donald ~/Pickworth-' - ~' .......... ..', Collier County Attorney .... '