Ordinance 2013-56 F j
OCT 7 2013
' ORDINANCE NO. 2013 - 56
BY �;►'
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 -
GENERAL PROVISIONS, INCLUDING SECTION 1.06.01
RESPONSIBILITY FOR INTERPRETATIONS; CHAPTER TWO -
ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01
AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED
UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE - RESOURCE
PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR
SUBDIVISION PLATS, SECTION 3.05.02 EXEMPTIONS FROM
REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION 3.05.07
PRESERVATION STANDARDS, ADDING SECTION 3.08.00
ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FOUR - SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION ='+ ,
4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION ,� ";
4.03.04 LOT LINE ADJUSTMENTS, SECTION 4.05.04 PARKING
SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN - -' u
REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, - ,
INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.01
TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY
EVENTS, ADDING SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01
BUSINESSES SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05
AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08
ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION
5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN
RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT
STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS;
CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SECTION 6.01.02 EASEMENTS, ADDING SECTION 6.01.05 SOIL
EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01
GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF
SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS,
SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM
REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND
PATHWAY REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM
CODE REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED
NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS,
INCLUDING PUBLIC HEARINGS, SECTION 9.03.07
NONCONFORMITIES CREATED OR INCREASED BY PUBLIC
ACQUISITION, DELETING SECTION 9.04.07 SPECIFIC
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REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION
DISTANCE REQUIREMENTS; CHAPTER TEN — APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION
10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS,
SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL
REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL
REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC
FACILITY ADEQUACY, SECTION 10.02.08 SUBMITTAL
REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING
AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR
TEXT AMENDMENTS TO THE LDC, SECTION 10.02.13 PLANNED
UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15
MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE
GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE
BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING
APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD,
ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
HEARINGS FOR LAND USE PETITIONS, SECTION 10.08.00
CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2013; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
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WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on September 24, 2013, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
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not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities , capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan
and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
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develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.06.01 RESPONSIBILITY FOR
INTERPRETATIONS
Section 1.06.01 Responsibility for Interpretations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
1.06.01 Responsibility for Interpretations'
A. The County Manager or designee shall have the authority to make all interpretations of
the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to
make all interpretations of the text of the GMP and the boundaries of land use districts
on the future land use map.
B. The County Manager or designee shall have the authority to make all interpretations of
the text of this LDC on matters related to the Building Code, building permit
requirements, building construction administrative code or building permits.
C. During the course of review of a development order or permit, as the case may be,
should an applicant and staff be unable to concur on the application of a specific
provision or provisions of this LDC, the County Manager or designee shall be authorized
to make a final determination. : - - - :_ '._ . - .: . _ : : ••• - • -
D. Request for Official Interpretation. The County Manager or designee may render an
official interpretation of any part of the LDC. The building official may render an official
interpretation of any part of the Florida Building Code.
1. Generally. An official interpretation may be requested by any affected person,
resident, developer, land owner, government agencv or department, or any
person having a contractual interest in land in Collier County.
Text added in 1.06.01 D derives from the former 10.02.02 F.
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2. Procedure. The Administrative Code shall establish the procedure and submittal
requirements for an official interpretation.
3. Request Criteria. Each request must identify the specific LDC or building code
citation to be interpreted. Each request for interpretation must be accompanied
by the appropriate fee as set forth in the fee resolution adopted by the Board of
County Commissioners. Under no circumstances may the request for
interpretation contain more than 3 issues or questions. It must not contain a
single question with more than 3 sub-issues or questions. If it is determined by
the appropriate official that the request for interpretation contains more than 3
issues, the applicant will be required to submit a separate request accompanied
by the applicable fees.
4. Notice. The interpretation shall be in writing and shall be sent to the applicant by
certified mail return receipt requested. Public notice procedures are identified in
LDC subsection 10.03.06 P.
5. Effective time limits of an interpretation.
a. An interpretation rendered by the County Manager or designee shall
remain in effect until the appropriate LDC section is amended to clarify
the applicable provision or provisions which warranted the interpretation,
or until such time as the interpretation is adopted, modified, or reiected as
a result of an appeal to the Board of Zoning Appeals and/or the Building
Board of Adiustments and Appeals, by the applicant or other individual or
entity identified in LDC section 1.06.01 D.1, above. From the time the
interpretation is rendered and the time the appropriate LDC section is
amended, or in the case of an appeal, until such time as the Board of
Zoning Appeals and/or Building Board of Adiustments and Appeals has
rendered its finding, no further request for interpretation regarding the
same issue shall be permitted.
b. An interpretation rendered by the building official shall remain in effect as
provided for in the Florida Building Code.
6. Appeal to Board of Zoning Appeals or Building Board of Adiustments and
Appeals.
a. Within 30 days after receipt by the applicant or affected property owner
of a written official interpretation sent by certified mail return receipt
requested by the County Manager or designee or building official, or
within 30 days of publication of public notice of the official interpretation,
the applicant, affected property owner, or aggrieved or adversely
affected party may appeal the interpretation to the Building Board of
Adjustments and Appeals for matters relating to building and technical
codes as shown in LDC section 1.07.00 or to the Board of Zoning
Appeals for all other matters in the LDC. For the purposes of this section,
an affected property owner is defined as an owner of property located
within 300 feet of the property lines of the land for which the official
interpretation is effective. An aggrieved or affected party is defined as any
person or group of persons which will suffer an adverse effect to an
interest protected or furthered by the Collier County Growth Management
Plan, LDC, or building code(s). The alleged adverse interest may be
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shared in common with other members of the community at large, but
shall exceed in degree the general interest in community good shared by
all persons.
b. A fee for the application and processing of an appeal shall be established
at a rate set by the Board of County Commissioners from time to time and
shall be charged to and paid by the applicant.
c. The Board of Zoning Appeals or the Building Board of Adiustments and
Appeals, whichever is applicable, shall hold an advertised public hearing
on the appeal and shall consider the interpretation of the County Manager
or designee or building official, whichever is applicable, and public
testimony in light of the growth management plan, the future land use
map, the LDC or the official zoning atlas, or building code related
matters, whichever is applicable. The Board of Zoning Appeals or the
Building Board of Adjustments and Appeals, whichever is applicable, shall
adopt the County Manager or designee's or building official's
interpretation, whichever is applicable, with or without modifications or
conditions, or reiect their interpretation. The Board of Zoning Appeals or
the Building Board of Adiustments and Appeals, whichever is applicable,
shall not be authorized to modify or reject the County Manager or
designee's or building official's interpretation unless such board finds
that the determination is not supported by substantial competent evidence
or that the official interpretation is contrary to the Growth Management
Plan, the future land use map, the LDC or the official zoning atlas, or
building code, whichever is applicable.
d. Time limitations on appeals. Any appeal that has not been acted upon by
the applicant within 6 months of the applicant filing the appeal will be
determined to be withdrawn and cancelled unless extended by the BCC.
Further review and action on the appeal will require a new application
subject to.the then current LDC.
* * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL
DISTRICTS
Section 2.03.01 Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.01 Agricultural Districts
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A)
is to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources of the County, are permissible as
conditional uses in the A district. The A district corresponds to and implements the
Agricultural/Rural land use designation on the future land use map of the Collier County
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•
GMP, and in some instances, may occur in the designated urban area. The maximum
density permissible in the rural agricultural district within the urban mixed use district
shall be guided, in part, by the density rating system contained in the future land use
element of the GMP. The maximum density permissible or permitted in A district shall
not exceed the density permissible under the density rating system. The maximum
density permissible in the A district within the agricultural/rural district of the future land
use element of the Collier County GMP shall be consistent with and not exceed the
density permissible or permitted under the agricultural/rural district of the future land use
element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the rural
agricultural district (A).
* * * * * * * * * * * * *
b. Accessory uses.
* * * * * * * * * * * * *
5. Excavation and related processing and production subject to the
following criteria:
i. The activity is clearly incidental to the agricultural
development of the property.
ii. The affected area is within a surface water management
system for agricultural use as permitted by the South
Florida Water Management District (SFWMD).
iii. The amount of excavated material removed from the site
cannot exceed 4,000 cubic yards. Amounts in excess of
4,000 cubic yards shall require conditional use approval
for earthmining, pursuant to the procedures and conditions
set forth in Chapter-10 LDC section 10.08.00 and the
Administrative Code.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permitted as conditional uses in
the rural agricultural district (A), subject to the standards and procedures
established in LDC section 10.08.00 and the Administrative Code.
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS
Section 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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2.03.06 Planned Unit Development Districts
* * * * * * * * * * * * *
C. PUD districts shall hereafter be established by amendment of the official zoning atlas
according to the procedures established in Chapter-1-0 LDC section 10.02.08 and the
Administrative Code. The purpose and intent of establishing and identifying the following
classifications is to identify a relationship between a proposed PUD and the other zoning
districts within this LDC. The goal is to relate the purpose and intent of the PUD zoning
district and the uses permitted within a PUD to defined zoning districts within this LDC
and to establish appropriate uses and performance standards within this PUD, which are
similar to those allowed by the most similar district(s). PUDs shall hereafter be defined
by the following districts and shall be referenced as such within the PUD document as
follows:
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 3.02.10 STANDARDS FOR
SUBDIVISION PLATS
Section 3.02.10 Standards for Subdivision Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.02.10 Standards for Subdivision Plats
* * * * * * * * * * * *
E. All final plats presented for approval shall clearly indicate the finished elevation of the
roads; and the average finished elevation of the lots or homesite_,
All grades must be shown in both
NAVD and NGVD. The information may be shown referenced to one datum with a note
on the cover sheet listing a site-specific equation for determining the grades in the other
datum.
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO 3.05.02 EXEMPTIONS FROM
REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION
Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
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3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
* * * * * * * * * * * * *
F. The following exceptions shall apply when there are no bald eagle nests:
1• -_ ° ° - - -: _ = =_= - -=-, - A vegetation removal
permit for clearing 1 acre or less of land is shall not be required for the removal of
protected vegetation, other than a specimen tree, on lots subdivided for only
single-family use on a parcel of land zoned residential, -RSF, VR, A or E, or
other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning
districts pursuant to LDC section 3.05.02 F.1.a-c.
been-met: This exemption shall not apply to lots on undeveloped coastal barrier
islands or to the Rural Fringe Mixed Use District when a higher native
vegetation protection requirement may not allow for 1 full acre of clearing.
4a. A building permit has been issued for the permitted principal structure
(the building permit serves as the clearing permit); or
2b. The permitted principal structure has been constructed, and the
property owner or authorized agent is conducting the removal, and the
total area that will be cleared on site does not exceed one acre- • and
3c. All needed environmental permits or management plans have been
obtained from the appropriate local, state and federal agencies. These
permits may include but are not limited to permits for wetlands impacts or
for listed species protection.
G. A vegetation removal permit is not required for the following situations:
1. Removal of protected vegetation other than a specimen tree, when a site plan
and vegetation protection plans have been reviewed and approved by the County
Manager or designee as part of the final local development order.
2. Removal of protected vegetation from the property of a Florida licensed tree
farm/nursery, where such vegetation is intended for sale in the ordinary course of
the licensee's business and was planted for the described purpose.
3. Removal of protected vegetation, other than a specimen tree, by a Florida
licensed professional land surveyor and mapper in the performance of his/her
surveying duties, provided such removal is for individual trees within a swath that
is less than three (3)feet in width.
4. Removal of protected vegetation prior to building permit issuance if the
conditions set forth in section 4.06.04 A.
5. Hand removal of prohibited exotic vegetation. Mechanical clearing of
prohibited exotic vegetation shall require a vegetation removal permit.
Mechanical clearing is defined as clearing that would impact or disturb the soil or
sub-soil layers or disturb the root systems of plants below the ground.
6. After a right-of-way for an electrical transmission line or public utility distribution
line has been established and constructed, a local government may not require
any clearing permits for vegetation removal, maintenance, tree pruning or
trimming within the established and constructed right-of-way. Trimming and
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pruning shall be in accordance with subsection 4.06.05 d K.1 of the LDC Cede.
All needed environmental permits must be obtained from the appropriate
agencies and management plans must comply with agency regulations and
guidelines. These may include but are not limited to permits for wetland impacts
and management plans for listed species protection.
7. After a publicly owned road right-of-way has been legally secured, a local
government may not require any clearing permits for vegetation removal,
maintenance, tree pruning or trimming within the established road right-of-way.
Trimming and pruning shall be in accordance with subsection 4.06.05 d K.1 of
the LDC Cede. All needed environmental permits or management plans have
been obtained from the appropriate local, state and federal agencies. These
permits may include but are not limited to permits for wetland impacts or for listed
species protection.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO 3.05.03 PROCEDURES
Section 3.05.03 Procedures, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.05.03 Procedures for a Vegetation Removal Permit 2
A. The Administrative Code shall establish the process and application submittal
requirements to obtain a vegetation removal permit.
B. Issuance of permit. An approved vegetation removal permit is valid for a period not to
exceed 180 days.
1. Approval. The County Manager or designee may approve, approve with
conditions, or deny the vegetation removal permit. Any conditions applied to the
permit shall relate to the methods of designating and protecting vegetation not
proposed for removal. A violation of these conditions shall constitute cause to
void the vegetation removal permit.
2. Extension of permit. An extension requested prior to expiration of the original
permit may be granted for good cause shown upon written application to the
County Manager or designee.
3. Permit fees. All vegetation removal permit applications shall be charged a review
fee as established by resolution of the Board of County Commissioners.
* * * * * * * * * * * * *
2 Added text in 3.05.03 B derives from the former 10.02.06 C.3
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SUBSECTION 3.G. AMENDMENTS TO 3.05.07 PRESERVATION STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
* * * * * * * * * * * * *
F. Wetland preservation and conservation.
* * * * * * * * * * * * *
3. RFMU district. Direct impacts of development within wetlands shall be limited
by directing such impacts away from high quality wetlands having functionality
scores of at least 0.65 WRAP or 0.7 UMAM. This shall be accomplished by
adherence to the vegetation retention requirements of LDC section 3.05.07 C
above and the following standards:
* * * * * * * * * * * * *
SUBSECTION 3.H. ADDING NEW SECTION 3.08.00 ENVIRONMENTAL DATA
REQUIREMENTS
Section 3.08.00 Environmental Data Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby added to read as follows:
3.08.00 Environmental Data Requirements 3
A. Environmental Data Requirements.
1. Purpose. The purpose of this section is to identify the environmental data that is
required to review a proposed proiect to ensure it meets the land development
standards contained within the LDC.
2. Preparation of Environmental Data. Environmental Data Submittal Requirements
shall be prepared by an individual with academic credentials and experience in
the area of environmental sciences or natural resource management. Academic
credentials and experience shall be a bachelor's or higher degree in one of the
biological sciences with at least two years of ecological or biological professional
experience in the State of Florida.
3. Procedure. Submittal requirements for all land use applications are identified in
this section. The Administrative Code shall establish the process and additional
submittal requirements for Environmental Data Requirements for PUD Zoning
and Conditional Uses.
4. Environmental Data. The following information shall be submitted, where
3 Text relocated from 10.02.02 A and updated
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applicable, to evaluate projects.
a. Wetlands.
Identify on a current aerial, the location and acreage of all Collier
County/SFWMD jurisdictional wetlands according to the Florida
Land Use Cover and Forms Classification System (FLUCFCS)
and include this information on the site development plan (SDP)
or construction plan and final subdivision plat (PPL). Wetlands
must be verified by the South Florida Water Management District
(SFWMD) or Florida Department of Environmental Protection
(DEP) prior to SDP or PPL approval. For sites in the RFMU
district, provide an assessment in accordance with LDC section
3.05.07 F and identify on the FLUCFCS map the location of all
high quality wetlands having functionality scores of at least 0.65
WRAP or 0.7 UMAM and their location within the proposed
development plan. Sites with high quality wetlands must have
their functionality scores verified by the SFWMD or DEP prior to
the first development order approval. Where functionality scores
have not been verified by either the SFWMD or DEP, scores must
be reviewed and accepted by County staff, consistent with State
regulation.
ii. SDP or PPL with impacts to 5 or more acres of wetlands shall
provide an analysis of potential water quality impacts of the project
by evaluating water quality loadings expected from the project
(post development conditions considering the proposed land
uses and stormwater management controls) compared with water
quality loadings of the project area as it exists in its pre-
development conditions. The analysis shall be performed using
methodologies approved by Federal and State water quality
agencies, and must demonstrate no increase in nutrients (nitrogen
and phosphorous) loadings in the post development scenario.
iii. Where treated stormwater is allowed to be directed into preserves,
show how the criteria in LDC section 3.05.07 H have been met.
iv. Where native vegetation is retained on site, provide a
topographic map to a half foot and, where possible, provide
elevations within each of the FLUCFCS Codes identified on site.
For a SDP or PPL, include this information on the site plans.
b. Listed Species and Bald Eagle Nests and Nest Protection Zones.
Provide a wildlife survey for the nests of bald eagle and for listed
species known to inhabit biological communities similar to those
existing on site. The survey shall be conducted in accordance with
the guidelines or recommendations of the Florida Fish and Wildlife
Conservation Commission (FFWCC) and the U.S. Fish and
Wildlife Service (USFWS). Survey times may be reduced or
waived where an initial habitat assessment by the environmental
consultant indicates that the likelihood of listed species
occurrence is low, as determined by the FFWCC and USFWS.
Where an initial habitat assessment by the environmental
consultant indicates that the likelihood of listed species
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occurrence is low, the survey time may be reduced or waived by
the County Manager or designee, when the project is not reviewed
or technical assistance not provided by the FFWCC and USFWS.
Additional survey time may be required if listed species are
discovered.
ii. Provide a survey for listed plants identified in LDC section 3.04.03.
iii. Wildlife habitat management and monitoring plans in accordance
with LDC section 3.04.00 shall be required where listed species
are utilizing the site or where wildlife habitat management and
monitoring plans are required by the FFWCC or USFWS. These
plans shall describe how the project directs incompatible land
uses away from listed species and their habitats. Identify the
location of listed species nests, burrows, dens, foraging areas,
and the location of any bald eagle nests or nest protection zones
on the native vegetation aerial with FLUCFCS overlay for the
site. Wildlife habitat management plans shall be included on the
SDP or PPL. Bald eagle management plans are required for sites
containing bald eagle nests or nest protection zones, copies of
which shall be included on the SDP or PPL.
c. Native vegetation preservation.
For sites or portions of sites cleared of native vegetation or in
agricultural operation, provide documentation that the parcel(si
were issued a permit to be cleared and are in compliance with the
25 year rezone limitation pursuant to LDC section 10.02.06. For
sites permitted to be cleared prior to July 2003, provide
documentation that the parcels) are in compliance with the 10
year rezone limitation previously identified in the GMP. Criteria
defining native vegetation and determining the legality, process
and criteria for clearing are found in LDC Chapter 3 and LDC
section 10.02.06.
ii. Identify on a current aerial the acreage, location and community
types of all upland and wetland habitats on the project site,
according to the Florida Land Use Cover and Forms Classification
System (FLUCFCS), and provide a legend for each of the
FLUCFCS Codes identified. Aerials and overlay information must
be legible at the scale provided. Provide calculations for the
acreage of native vegetation required to be retained on-site.
Include the above referenced calculations and aerials on the SDP
or PPL. In a separate report, demonstrate how the preserve
selection criteria pursuant to LDC section 3.05.07 have been met.
Where applicable, include in this report an aerial showing the
project boundaries along with any undeveloped land, preserves,
natural flowways or other natural land features, located on
abutting properties.
iii. Include on a separate site plan, the project boundary and the land
use designations and overlays for the RLSA, RFMU, ST and
ACSC-ST districts. Include this information on the SDP or PPL.
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iv. Where off-site preservation of native vegetation is proposed in
lieu of on-site, demonstrate that the criteria in LDC section 3.05.07
have been met and provide a note on the SDP or PPL indicating
the type of donation (monetary payment or land donation)
identified to satisfy the requirement. Include on the SDP or PPL, a
location map(s) and property identification number(s) of the off-
site parcel(s) if off-site donation of land is to occur.
d. General environmental requirements.
Provide the results of any Environmental Assessments and/or
Audits of the property, along with a narrative of the measures
needed to remediate if required by DEP.
ii. Soil and/or ground water sampling shall be required at the time of
first development order submittal for sites that occupy farm fields
(crop fields, cattle dipping ponds, chemical mixing areas), golf
courses, landfill or junkyards or for sites where hazardous
products exceeding 250 gallons of liquid or 1,000 pounds of
solids were stored or processed or where hazardous wastes in
excess of 220 pounds per month or 110 gallons at any point in
time were generated or stored. The amount of sampling and
testing shall be determined by a registered professional with
experience in the field of Environmental Site Assessment and
shall at a minimum test for organochlorine pesticides (U.S.
Environmental Protection Agency (EPA) 8081) and Resource
Conservation and Recovery Act (RCRA) 8 metals using Florida
Department of Environmental Protection (DEP) soil sampling
Standard Operating Procedure (SOP) FS 3000, in areas
suspected of being used for mixing and at discharge point of water
management system. Sampling should occur randomly if no
points of contamination are obvious. Include a background soil
analysis from an undeveloped location hydraulically upgradient of
the potentially contaminated site. Soil sampling should occur lust
below the root zone, about 6 to 12 inches below ground surface or
as otherwise agreed upon with the registered professional with
experience in the field of Environmental Site Assessment. Include
in or with the Environmental Site Assessment, the acceptable
State and Federal pollutant levels for the types of contamination
found on site and indicate in the Assessment, when the
contaminants are over these levels. If this analysis has been done
as part of an Environmental Audit then the report shall be
submitted. The County shall coordinate with the DEP where
contamination exceeding applicable DEP standards is identified
on site or where an Environmental Audit or Environmental
Assessment has been submitted.
iii. Shoreline development must provide an analysis demonstrating
that the project will remain fully functional for its intended use after
a six-inch rise in sea level.
iv. Provide justification for deviations from environmental LDC
provisions pursuant to GMP CCME Policy 6.1.1 (13). if requested.
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v. Where applicable, provide evidence of the issuance of all
applicable federal and/or state oil and gas permits for proposed oil
and gas activities in Collier County. Include all state permits that
comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C., as those rules existed on January 13, 2005.
e. Other LDC requirements.
i. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and provide an
analysis for how the project design avoids the most intensive land
uses within the most sensitive WRM-STs and will comply with the
WRM-ST pursuant to LDC section 3.06.00. Include the location of
the Wellfield Risk Management Special Treatment Overlay Zones
on the SDP or PPL. For land use applications such as standard
and PUD rezones and CUs, provide a separate site plan or zoning
map with the project boundary and Wellfield Risk Management
Special Treatment Overlay Zones identified.
ii. Demonstrate that the design of the proposed stormwater
management system and analysis of water quality and quantity
impacts fully incorporate the requirements of the Watershed
Management regulations of LDC section 3.07.00.
iii. For sites located in the Big Cypress Area of Critical State
Concern-Special Treatment overlay district (ACSC-ST), show how
the project is consistent with the development standards and
regulations in LDC section 4.02.14.
iv. For multi-slip dock facilities with ten slips or more, and for all
marina facilities, show how the project is consistent with LDC
section 5.05.02. Refer to the Manatee Protection Plan for site
specific requirements of the Manatee Protection Plan not included
in LDC section 5.05.02.
v. For development orders within RFMU sending lands, show how
the project is consistent with each of the applicable Objectives and
Policies of the Conservation and Coastal Management Element of
the GMP.
f. Additional data. The County Manager or designee may require additional
data or information necessary to evaluate the project's compliance with
the LDC and GMP requirements.
5. Exemptions.
a. The Environmental Data Submittal Requirements exemption shall not
apply to any parcel with a ST or ACSC-ST overlay, unless otherwise
exempted by LDC section 4.02.14 I.
b. Single-family detached and two-family housing structure(s) on a lot(s) of
record except as otherwise provided at LDC section 4.02.04 (cluster
development), and townhouses developed on fee simple lots under
individual ownership, provided that a fee simple townhouse plat is
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approved in accordance with the provisions of LDC section 10.02.04.B.
These exemptions shall not apply to the following:
Wetland delineations and permitting.
ii. Retention of native vegetation in accordance with LDC section
3.05.07 C.
iii. Listed species protection in accordance with LDC section 3.04.01.
c. Agricultural uses. Agricultural uses that fall within the scope of sections
163.3214(4) or 823.14(6), Florida Statutes, provided that the subject
property will not be converted to a nonagricultural use or considered for
any type of rezoning petition for a period of 25 years after the agricultural
uses commence and provided that the subiect property does not fall
within an ACSC or ST zoning overlay.
d. All NBMO Receiving Lands in accordance with 2.03.08 A.2.
e. A conventional rezone with no site plan or proposed development plan.
This exemption does not apply to lands that include any of the following
zoning, overlays or critical habitats: Conservation (CON), Special
Treatment (ST), Area of Critical State Concern (ACSC), Natural Resource
Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending
Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land
occupied by listed species or defined by an appropriate State or Federal
agency to be critical foraging habitat for listed species.
f. In those areas of Collier County where oil extraction and related
processing is an allowable use, such use is subiect to applicable state
and federal oil and gas permits and Collier County non-environmental site
• development plan review procedures. Directional-drilling and/or
previously cleared or disturbed areas shall be utilized in order to minimize
impacts to native habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state permit in
compliance with the criteria established in Chapter 62C-25 through 62C-
30, F.A.C., as those rules existed on January 13, 2005, regardless of
whether the activity occurs within the Big Cypress Watershed, as defined
in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by evidence of the
issuance of all applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long as the state
permits comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C. For those areas of Collier County outside the boundary of the Big
Cypress Watershed, the applicant shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set forth in Section 377.42,
F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C.
even if outside the defined Big Cypress Watershed. All access roads to
oil and gas uses shall be constructed and protected from unauthorized
uses according to the standards established in Rule 62C-30.005(2)(a)(1)
through (12), F.A.C.
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* * * * * * * * * * * * *
SUBSECTION 3.1. AMENDMENTS TO 4.03.01 GENERALLY
Section 4.03.01 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.03.01 Generally
A. The purpose of this section is to establish procedures and standards for the
development and subdivision of real estate within the unincorporated areas of Collier
County, Florida. Furthermore, the purpose of this section is to carry out the goals,
policies and objectives of the Collier County GMP. These procedures and standards are
provided in an effort to, among other things:
A. 1. Ensure proper legal description, identification, documentation and recording of
real estate boundaries;
6--2. Aid in the coordination of land development in Collier County in accordance with
orderly physical patterns to encourage state of the art and innovative design;
6---3. Discourage haphazard, premature, uneconomic or scattered land development,
Ensure an economically stable and healthy community;
Ensure adequate public facilities and utilities;
F. 6. Maintain the community's quality of life by properly preserving and conserving
natural resource features;
6--7. Prevent periodic and seasonal flooding by providing protective flood control and
drainage facilities;
H. 8. Provide open spaces for recreation; ensure land development with installation of
adequate and necessary public facilities and physical improvements;
I. 9. Ensure that the citizens and taxpayers of Collier County will not have to bear the
costs resulting from haphazard subdivision of land;
J---10. Provide the county with the authority to require installation by the developer of
adequate and necessary physical improvements so that the taxpayers and citizens of
Collier County will not have to bear the costs for the same;
K. Ensure to the purchasers of subdivided land that necessary improvements of
lasting quality have been installed; comply with Chapter 177, F.S. as amended.
B. The design of the required improvements for all subdivisions and developments
pursuant to LDC section 10.02.03 shall be in accordance with generally accepted
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•
professional engineering principles and practices. The standards established in this
section are intended only as minimum guidelines for the design engineer and are not
intended to deprive the engineer of their responsibility for the technical adequacy of their
design or freedom to use their engineering judgment and discretion in the practice of
their profession.
C. Design data, such as calculations or analyses, shall be submitted along with the
subdivision and development improvement plans covering important features affecting
design or construction prior to the issuance of any required county development
orders, permits or approvals. Such calculations and analyses shall include, but not be
limited to: low and high water elevations, utility hydraulic and drainage calculations,
subsurface soil data, alternate pavement and sub-grade types and centerline elevations
when the minimum standards of Florida Department of Transportation or the American
Association of State Highway and Transportation Officials are inadequate, inappropriate
or not applicable.'
* * * * * * * * * * * * *
SUBSECTION 3.J. AMENDMENTS TO 4.03.03 EXEMPTIONS
Section 4.03.03 Exemptions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.03.03 Subdivision Exemptions
Before any property or development proposed to be exempted from the terms of this section
may be considered for exemption, a written request for exemption shall be submitted to the
County Manager or designee. After a determination of completeness, the County Manager or
designee shall approve, approve with conditions, or deny the request for exemption based on
the terms of the applicable exemptions. Procedures for application, review, and decision
regarding exemptions from these subdivision requirements are set forth in the Administrative
Code Chapter 10. To the extent approved, the following may be exempted from these
subdivision requirements.
A. Active agricultural uses. Agriculturally related development as identified in the permitted
and accessory uses allowed in the rural agricultural district A and located within any
area designated as agricultural on the future land use map of the Collier County GMP
and the Collier County official zoning atlas, except single-family dwellings and farm
labor housing subject to LDC sections 5.05.03 and 2.03.00 shall be exempt from the
requirements and procedures for preliminary subdivision plats and imp
construction plans; provided, however, nothing contained herein shall exempt such
active agricultural uses from the requirements and procedures for final subdivision
plats, and where required subdivision improvements are contemplated, the posting of
subdivision performance security.
Text added in 4.03.01 B&C relocated from Code of Laws§2-12,Exhibit A.
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C. Reserved.
D. Reserved.
BE Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the
requirements and procedures for preliminary subdivision plats and improvement plans;
provided, however, nothing contained herein shall exempt such division of land into
cemetery lots or parcels from the requirements and procedures for final subdivision
plats and, where required subdivision improvements are contemplated, the posting of
subdivision performance security; and provided, further, that such division of land into
cemetery lots or parcels shall be subject to and comply with the requirements and
procedures for site development plans as set forth in the Administrative Code and
under Chapter 10, and shall obtain site development plan approval for the entire
property proposed for such division of land into cemetery lots or parcels.
C . Eminent domain or operation of law. The division of land which could be created by any
court in this state pursuant to the law of eminent domain, or by operation of law, or by
order of any court, shall be exempt from this section; if and only if the County Manager
or designee and the County Attorney are given timely written notice of any such pending
action and given the opportunity to signify that the county be joined as a party in interest
in such proceeding for the purpose of raising the issue of whether or not such action
would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the
subdivision regulations, prior to the entry of any court order; and, if and only if an
appropriate pleading is not filed on behalf of the County within 20 days after receipt of
such notice. However, if a pleading is filed on behalf of the county within 20 days after
receipt of such notice, such division of land created by the court shall not be exempt
from this section.
DG. Oil, gas, and mineral rights. The division of land which creates an interest or interests in
oil, gas, or minerals which are now or hereafter severed from the surface ownership of
real property shall be exempt from this section.
EM. Prior subdivision. All division of land occurring prior to the effective date of this LDC
and conforming to the purposes of this section, shall be exempt from this section;
provided, however, that any property so divided which is resubdivided or further divided
on or after January 10, 1989, shall not be exempt from this section. For
agricultural/residential subdivisions within the rural area of Collier County as defined
herein, refer to LDC section 4.03.04; Also see "lot of record" in Chapter 1.
Ft. The division of property, occurring prior to July 15, 1998, meeting the definition of rural
subdivision shall not require the subdivider to record a final plat nor comply with the
subdivision regulations provided in LDC section 4.03.00. Nor shall the division of
property occurring after July 15, 1998, in the rural area require the property owner to
record a final plat nor comply with the subdivision regulations provided in LDC section
4.03.00, if the property so divided has been the subject of a rezoning hearing by the
BCC within the 24 month period preceding July 15, 1998. The subdivision of properties
occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary
subdivision plat (PSP). However, the applicability of all required subdivision
improvements and standards as set forth in section LDC 4.03.00, required
improvements, of this LDC shall be determined by the County Manager or designee on a
case by case basis. The applicant, through the preliminary subdivision plat (PSP)
process may request waivers from certain "required improvements". The subdivider and
purchaser of property meeting definition (a) of rural subdivision shall comply with
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section 4.03.03 of this LDC. The division of property not meeting the definition of rural
subdivision is required to comply with all requirements of section 4.03.00.
G. Rural area subdivision requirements.5
1. Deeds and other conveyances. All deeds and other conveyances for properties
shall include in ten-point type the following statement: "NO GOVERNMENTAL
AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING
INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED."
2. Building permits for rural subdivisions. Building permits will not be issued until
the final subdivision plat is recorded.
3. Access agreement. The owner of property applying for a building permit shall
execute a release and waiver agreement which shall be executed and recorded
at the applicant's expense in the official records of Collier County. The release
and waiver agreement shall be in a form approved by the county attorney or
designee, and shall include, at a minimum, the following provisions and a copy of
the recorded agreement submitted with the property owner's building permit
application:
a. Identification of the property by legal description and tax parcel folio
number:
b. Description of the means of access to the subject property and the
physical condition of that access;
c. A statement recognizing that the access rights are personal rights
between the grantor and grantee and the county's approval of the use of
the accessway in no way implies that the use is permitted;
d. A statement confirming that the maintenance and upkeep of such means
of access shall be the perpetual responsibility of the individual(s) or other
entity holding rights to such means of access;
e. A statement confirming that any development order issued by Collier
County proposing utilization of such means of access shall contain a
specific disclaimer from Collier County relating to the county's obligation
for the present or future maintenance or upkeep of such means of
access;
f. A statement of release holding Collier County harmless in perpetuity for
maintenance of such means of access;
q. Description of the extent and specifications for improvements to the
means of access being proposed by the applicant;
h. Description of the utilities, including, for example, water, sewer,
telephone, electricity, which shall service the property as required by
5 Text added in 4.03.03 G was relocated from the former 10.02.02 B.10.
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Collier County Ordinance No. 89-06 [Code ch. 22, art. VIII, known as the
Collier County Standard Housing Code, or its successor in function;
i. A statement of the applicant's intent to arrange for, have installed and
pay for provision of such utilities as are required by law;
j. A statement of release holding Collier County harmless in perpetuity for
maintenance of such utilities,,
k. An acknowledgment that the Department of Economic Opportunity (DEO)
may review and appeal any development order issued by Collier County
within the Biq Cypress Area of Critical State Concern. Also, confirmation
that the applicant will execute, prior to issuance of any development
order by Collier County, a statement of understanding of the DEO review
requirements in the form approved by the DEO; and
I. A statement that permits from all state and federal agencies have been
obtained or applied for, including copies of said applications. The
responsibility to determine if such permits are necessary is solely the
responsibility of the applicant.
Hd. Chokoloskee Island. The division of property of Chokoloskee Island shall not require the
subdivider to record a final plat nor comply with the subdivision regulations provided in
LDC section 4.03.00. The subdivider and purchaser of the property shall comply with the
regulations provided in LDC section 4.03.03. The division of property not on
Chokoloskee Island is required to comply with all requirements to section 4.03.00. All
parcels of land existing on Chokoloskee Island as of October 30, 1991, and identified in
the property appraiser's official records, which do not conform to the minimum lot area
and lot width requirements of the overlying zoning district shall be considered
conforming lots. Any subdivision of land on Chokoloskee Island occurring after
October 30, 1991, shall comply with the minimum lot area and width requirements for
the overlying zoning district in effect at the time the land is subdivided. In any case,
except as described above, the minimum applicable development standards set forth in
the LDC shall apply, unless a variance therefrom is obtained.
1.8 Chokoloskee Island subdivision requirements.
a. Deeds and other conveyances. All deeds and other conveyances for
properties hereafter on Chokoloskee Island shall include in bold-faced
type the following statement: "NO GOVERNMENTAL AGENCY,
INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR
THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY
PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN
CONVEYED." Failure to include this information in a deed shall not affect
the conveyance of property.
b. Building permits for Chokoloskee Island. Prior to the issuance of a
building permit for any property on Chokoloskee Island, the owner of the
property applying for the building permit must provide verification that he
or she has an existing means of access to the property and the existing
6 Text added in 4.03.03 H.1.was relocated from the former 10.02.02 B.11.
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means of access to such property must be improved to the standards
established by this subsection. Said access may be:
Dustless surface a minimum of 20 feet in width;
ii. Asphalt paved road a minimum of 18 feet in width; or
iii. Limerock surface a minimum of 20 feet in width.
c. Access agreement. The owner of property applying for a building permit
shall execute a release and waiver agreement which shall be executed
and recorded at the applicant's expense in the official records of Collier
County. The release and waiver agreement shall be in a form approved
by the County Attorney or designee, and shall include, at a minimum, the
following provisions and a copy of the recorded agreement submitted with
the property owner's building permit application:
i. Identification of the property by legal description and tax parcel
folio number;
ii. Description of the means of access to the subiect property and
the physical condition of that access;
iii. A statement recognizing that the access rights are personal rights
between the grantor and grantee and the county's approval of the
use of the accesswav in no way implies that the use is permitted;
iv. A statement confirming that the maintenance and upkeep of such
means of access shall be the perpetual responsibility of the
individual(s) or other entity holding rights to such means of
access:
v. A statement confirming that any development order issued by
Collier County proposing utilization of such means of access shall
contain a specific disclaimer from Collier County relating to the
county's obligation for the present or future maintenance or
upkeep of such means of access;
vi. A statement of release holding Collier County harmless in
perpetuity for maintenance of such means of access;
vii. Description of the extent and specifications for improvements to
the means of access being proposed by the applicant;
viii. Description of the utilities, including, for example, water, sewer,
telephone, electricity, which shall service the property as required
by Collier County Ordinance No. 89-06, known as the Collier
County Standard Housing Code, or its successor in function;
ix. A statement of the applicant's intent to arrange for, have installed
and pay for provision of such utilities as are required by law;
x. A statement of release holding Collier County harmless in
perpetuity for maintenance of such utilities;
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xi. A statement that permits from all state and federal agencies have
been obtained or applied for, including copies of said permits
applications. The responsibility to determine if such permits are
necessary is solely the responsibility of the applicant.
I. Golden Gate Estates lot divisions. When a 5 acre parcel in Golden Gate Estates
is subdivided into 2 lots, where 1 of the lots is not on the existing right-of-way, the
owner may create an access easement to and through the parcel which is not on the
right-of-way. The easement must be at least 20 feet in width, and extend at least 150
feet into the otherwise landlocked lot. The easement shall provide for access to the lot,
and satisfy the frontage requirement. '
* * * * * * * * * * * * *
SUBSECTION 3.K. AMENDMENTS TO 4.03.04 LOT LINE ADJUSTMENTS
Section 4.03.04 Lot Line Adjustments, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.03.04 Lot Line Adjustments and Lot Split
A. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels
which may be platted or unplatted and which are under separate ownership or the same
ownership shall be exempt from this section if all of the following conditions are met. The
Administrative Code shall establish the procedures and submittal requirements for
obtaining a lot line adjustment. • - -- _- - - _ e - _ - - -- - •- -= •
- •- -- - _ -• • - - - = e. The lot line adjustment shall be
recorded with the Clerk of Courts within 12 months of approval by the County Manager
or designee.
—1. It is demonstrated that the request is to correct an engineering or surveying error
in a recorded plat or is to permit an insubstantial boundary change between adjacent
parcels; and
1 --2. Both landowners whose lot lines are being adjusted provide written consent to
the lot line adjustment; and
C. 3. Instrument(s) evidencing the lot line adjustment shall be filed in the official
records of Collier County, Florida, upon approval, and shall indicate that the result of the
lot line adjustment will meet the standards of, and conforms to, the requirements of this
LDC, including the dimensional requirements of the zoning district and the subdivision
in which the lots are located. However, in cases of an existing nonconforming lot of
record, the adjustment shall not increase the nonconformity of the lot; and
Text added in 4.03.03 1 was relocated from the former 10.02.02 B.1 I.d.
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D. 4. It is demonstrated that the lot line adjustment will not affect the development
rights or permitted density or intensity of use of the affected lots by providing the
opportunity to create a new lots)for resale or development.
B.8 9 Lot Split. All lots must have frontage on a public or private right-of-way, with the
exception of 1 division of a single platted lot or otherwise established lot of record in
the Rural Agricultural or Estates zoning district into 2 lots. Any such lot split may utilize
an access easement to satisfy access, and frontage requirements for the lot which
would not otherwise have street frontage.
1. The width of such access easement may not be less than 12 feet and may be
required to be wider at the discretion of Collier County staff, to accommodate
safe access and turning movements, stormwater drainage pipes and the like.
2. The number of access points to a public right-of-way shall not be increased as
a result of the lot split if, in the opinion of the county staff, safe and sufficient
access may be accomplished with fewer access points than existed prior to the
proposed lot split.
3. The access easement will create a front yard for setback purposes for all lots
abutting the access easement. In cases where access is presently provided by
an access easement to existing lots of record in any zoning district which are
not part of a recorded or unrecorded subdivision, this easement will serve to
satisfy access and frontage requirements for those lots, and yards abutting
the easement will be considered front yards for setback purposes.
4. Application. The further split or division of a lot, parcel, or any lot of record into
2 proposed parcels must be reviewed and approved by the County prior to any
subsequent development orders or development permits issued or approved.
a. The Administrative Code shall establish the procedures and submittal
requirements for obtaining a lot split.
b. Appropriate access to the resulting parcels from the public road network
shall be demonstrated, and where necessary, may require appropriate
easements for joint or cross access to be recorded before an approved
lot split becomes effective.
c. Only lot split requests meeting the applicable land development
regulations, specifically including the minimum lot area and lot
dimensions for the existing zoning district, may be approved, but do not
become effective until evidence of the County approved lot split is also
provided to the Property Appraiser or Clerk of Courts for their
consideration and record-keeping, as may be applicable.
*
f
8 4.03.04 B.l-3 derives from the former 10.02.04 B.5.i.
9 4.03.04 B.4 derives from the former 10.02.02 B.12.
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SUBSECTION 3.L. AMENDMENTS TO 4.05.04 PARKING SPACE REQUIREMENTS
Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.05.04 Parking Space Requirements10
* * * * * * * * * * * * *
D. Required off-street parking shall be located so that no automotive vehicle when parked
shall have any portion of such vehicle overhanging or encroaching on public right-of-
way or the property of another. If necessary, wheel stops or barriers may be required in
order to enforce this provision.
1. Residential off-street parking. Driveways must be at least 23 feet in length,
measured from the back of the sidewalk to the qaraqe, to allow room to park a
vehicle on the driveway without parking over the sidewalk. Should the garage
be side-loaded there must be at least a 23-foot paved area on a perpendicular
line to the qaraqe door or plans must ensure that parked vehicles will not
interfere with pedestrian traffic by providing equivalent space.
* * * * * * * * * * * * *
SUBSECTION 3.M. AMENDMENTS TO 4.07.02 DESIGN REQUIREMENTS
Section 4.07.02 Design Requirements, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.07.02 Design Requirements"
* * * * * * * * * * * * *
F. Off-street parking and off-street loading requirements shall be as for comparable type,
density and intensity of uses established in the PUD. No parking spaces on or within
any public or private road or travelway shall be counted in fulfilling the required number
of spaces. Landscaping for vehicular areas shall be as established in LDC section
4.06.00.
1. Residential off-street parking. Driveways must be at least 23 feet in length,
measured from the back of the sidewalk to the garage, to allow room to park a
vehicle on the driveway without parking over the sidewalk. Should the garage
be side-loaded there must be at least a 23-foot paved area on a perpendicular
line to the garaqe door or plans must ensure that parked vehicles will not
interfere with pedestrian traffic by providing equivalent space.
1°Text added in 4.05.04 D was relocated from 10.02.03 B.1.i.xv. which was the list of submittal requirements in the SDP section.
Text added in 4.07.02 F relocated from 10.02.03 B.l.i.xv.which was the list of submittal requirements in the SDP section.
Page 26 of 234
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* * * * * * * * * * * * *
SUBSECTION 3.N. AMENDMENTS TO 5.03.06 DOCK FACILITIES
Section 5.03.06 Dock Facilities, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.03.06 Dock Facilities
* * * * * * * * * * * * *
H. Dock facility extension. Additional protrusion of a dock facility into any waterway
beyond the limits established in LDC subsection 5.03.06 E. of—this—Cede may be
considered appropriate under certain circumstances. In order for the Planning
Commission to approve the boat dock extension request, it must be determined that at
least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met.
These criteria are as follows:
* * * * * * * * * * * * * * *
I. Procedures for approval of docks, dock facilities, and boathouses.
1. The Administrative Code shall establish the procedures and submittal
requirements Pfesedures for the issuance of permits for docks, dock facilities,
and boathouses. Notice procedures are provided in LDC section 10.03.06.
2. All dock facilities are subject to, and shall comply with, all federal and state
requirements and permits, including, but not limited, to the requirements and
permits of the DEP, the U.S. Army Corps of Engineers, and the U.S.
Environmental Protection Agency.
3. Nonresidential dock facilities shall be subject to all of the provisions of LDC
section 5.03.06 of this LDC, with the exception that protrusions for nonresidential
dock facilities beyond the specified limits shall be determined administratively
by the County Manager or designee at the time of site development plan
review, based on an evaluation of the criteria in LDC subsection 5.03.06 H.(G}-of
this LDC.
* * * * * * * * * * * * A
SUBSECTION 3.0. AMENDMENTS TO 5.04.01 TEMPORARY USE PERMITS
Section 5.04.01 Temporary Use Permits, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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5.04.01 Temporary Use Permits 12
A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent
uses, their compatibility with surrounding properties, and the length of time a use is
intended to function, there is an identified need to allow certain temporary uses within a
development site, and to provide for other types of temporary uses such as special
events, sales and promotions. It is the intent of this section to classify temporary uses
and to provide for their permitting.
B. General. The County Manager or designee may grant a temporary use permit for
requests that demonstrate compliance with the intent of this section and Chapter 5 of the
LDC Cede. Approvals for such requests shall be based upon, but not limited to, the
applicant's description of the temporary use, the intended duration of the use, hours of
operation and the impacts of the proposed temporary use on adjacent properties.
C. Indemnification. The applicant shall be required to indemnify and hold harmless Collier
County, its officers, agents and employees from and against all claims, suits, actions,
damages, liabilities, expenditures or causes of action arising out of or occurring during
the activities of applicant under a permit issued hereupon in the form and manner
provided by the County Manager or designee.
D. Cancellations and postponements.
1. If a permitted event is canceled or postponed, the applicant shall furnish Collier
County with written notification of such cancellation or postponement and the
reason(s) for same. It is understood that weather conditions may cause last
minute cancellations; however, the applicant shall make every effort to notify the
county staff prior to the scheduled commencement of said event. If the event is to
be re-scheduled, notice of the date and time of the rescheduled event shall be
provided.
2. If a permitted event is postponed, the permit will be amended to reflect the
rescheduled event dates and a copy will be provided to the applicant prior to the
event.
3. If an event is cancelled and the County is notified prior to the initially proposed
commencement date the number of days used will not count towards the
maximum number of authorized days afforded for events by the LDC.
E. Suspension or revocation. Failure to comply with the terms and conditions of the
temporary use permit, once issued, shall be grounds for immediate suspension of the
permitted activity until such time as the noncompliance is remedied. A permit may be
revoked, without refund, for established public safety and welfare issues. The
suspension or revocation shall be initially communicated verbally, followed by a written
suspension or revocation order. The continued failure to comply with the terms and
conditions of a previously suspended permit may result in the revocation of said permit.
F. Violations. The failure to obtain a required Temporary Use Permit, and/or the failure to
cease activities authorized by such a temporary use permit, including the removal of any
displays, structures, merchandise, equipment, signs or banners authorized by said
permit, upon expiration, suspension, or revocation shall establish a violation of the LDC
12 New text in this section has been relocated from the former 10.02.06 G.6-G.9.
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and shall be subject to the penalties established within the LDC.
* * * * * * * * * * * * *
SUBSECTION 3.P. AMENDMENTS TO 5.04.05 TEMPORARY EVENTS
Section 5.04.05 Temporary Events, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.05 Temporary Events
A. Special Events
1. Sales and Promotional Events
a. A temporary use permit is required for temporary sales and/or
promotional events on non-residential property, such as grand openings,
going out of business sales, special promotional sales, sidewalk sales,
overstock sales, tent sales, or other similar uses for sales and
promotional events related to the principal activities in operation at the
subject property, unless otherwise provided for in this section.
b. The Administrative Code shall establish the procedural requirements for a
A temporary use permit for sales or promotional events_ shall-meet-the
* * * * * * * * * * * * *
SUBSECTION 3.Q. ADDING SECTION 5.04.08 FILM PERMIT
Section 5.04.08 Film Permit, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby added to read as follows:
5.04.08{Reserved} Film Permit 13
A. Film Permit Required. A permit shall be required for the following activities taking place,
in coniunction with commercial motion picture, film, television, video or still photography
production: the use of set scenery, temporary structures or other apparatus, special
effects, or closure of public streets or accessways. The LDC shall not apply to bona fide
newspaper, press association, newsreel or television news media personnel, nor to
properties that have been zoned to allow motion picture/television filming as a permitted
use.
13 Text relocated from 10.02.06 G.10
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B. Procedural Requirements. The Administrative Code shall establish the application
requirements and review procedures for a Film Permit.
C. Insurance requirements. The applicant shall maintain in force at all times during the
permit period, a comprehensive general liability policy with limits other than those
described in the Administrative Code as determined by the risk management director
upon a review of the particular circumstances involved. Said applicant shall provide to
the County Manager or designee a certificate of insurance as evidenced that said
insurance is in existence and certifying that Collier County is named insured, and that
Collier County be given 30 days' notice prior to the expiration or cancellation of the
policy. Any additional insurance requirements for filming on private property will be at the
discretion of the affected property owner.
D. Indemnification. The applicant shall be required to indemnify and hold harmless Collier
County, its officers, agents and employees from and against all claims, suits, actions,
damages, liabilities, expenditures or causes of action arising out of or occurring during
the activities of applicant under a permit issued hereupon in the form and manner
provided by the County Manager or designee.
E. Permit fee. No permit fee shall be required. Any additional license or user fees which
have been established for county-owned land or facilities shall be in effect.
F. Issuance of Permit. Upon presentation of the completed application, proof of insurance,
payment of permit fee, surety bond or cash payment in lieu of the bond and review by
the County Manager or designee, the permit may be issued. If the County Manager or
designee determines that the use of public or private property could affect the public's
use of the property, or have potential adverse impacts on surrounding properties, then
the County Manager or designee may require that the permit application be scheduled
for a public hearing before the Board of County Commissioners. The special
circumstances could include, but are not limited to, closure of a public street or
accessway; use of special effects, including incendiary or explosive devices; a large
production crew or crowd control; and increased liability insurance required. The notice
for the public hearing shall be advertised in a newspaper of general circulation in the
county at least 1 time 15 days prior to the hearing.
G. Suspension of permit. Failure to comply with the terms and conditions of the temporary
use permit once issued shall be grounds for immediate suspension of the permitted
activity until such time as the noncompliance is remedied. The suspension shall be
initially communicated verbally, followed by a written suspension order; and continued
failure to comply with the terms and conditions of the permit may result in revocation of
the permit.
H. Costs for extraordinary services. The County shall recover direct costs for extraordinary
services rendered in connection with a production. Such costs shall include, but not be
limited to, charges for personnel and/or equipment committed in support of the
production which are outside the normal scope of government services. Based on the
information contained in the permit application, an estimate of these costs will be
provided to the applicant prior to issuance of this permit. The County may require
prepayment of all or a portion of these estimated costs prior to issuance of the permit. At
the conclusion of the production, actual costs below or in excess of the estimates will be
refunded by the County or paid by the applicant, respectively.
Surety bond. A surety bond in an amount to be determined by Collier County and issued
Page 30 of 234
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by a company authorized to issue bonds in Florida or cash payment in lieu of the bond
may be required by the County Manager or designee to provide for cleanup and/or
restoration of the subject site(s).
* * * * * * * * * * * * *
SUBSECTION 3.R. AMENDMENTS TO 5.05.01 BUSINESSES SERVING
ALCOHOLIC BEVERAGES
Section 5.05.01 Businesses Serving Alcoholic Beverages, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.01 Businesses Serving Alcoholic Beverages
A. Sale of alcoholic beverages. The County Manager or designee; may authorize the sale
of alcoholic beverages for consumption on-site, subject to compliance with all zoning
restrictions and the following locational criteria:
* * * * * * * * * * * * *
5. The procedures for approval of a site for the sale of alcoholic beverages are set
forth in Chapter 10 and the Administrative Code.
6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance
requirement set forth herein if it is demonstrated by the applicant and
determined by the BZA that the site proposed for the sale and consumption of
alcoholic beverages is separated from an established business whose primary
function is the sale of alcoholic beverages for consumption on-site, from the
school, child care center, public library, church, public park or public
playground by natural or manmade boundaries, structures, or other features
which offset or limit the necessity for such minimum distance requirement. The
BZA's decision to waive part or all of the distance requirement shall be based
upon the following factors:
* * * * * * * * * * * * *
d. The Administrative Code shall establish the submittal requirements and
pRrocedures for the waiver of distance requirements_
Chapter 10.
* * * * * * * * * * * * *
SUBSECTION 3.S. AMENDMENTS TO 5.05.05 AUTOMOBILE SERVICE STATIONS
Section 5.05.05 Automobile Service Stations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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5.05.05 Automobile Service Stations
A. The purpose of this section is to ensure that automobile service stations do not
adversely impact adjacent land uses, especially residential land uses. The high levels of
traffic, glare, and intensity of use associated with service stations, particularly those
open twenty#our (24) hours, may be incompatible with surrounding uses, especially
residential uses. Therefore, in the interest of protecting the health, safety, and general
welfare of the public, the following regulations shall apply to the location, layout,
drainage, operation, landscaping, parking, and permitted sales and service activities of
automobile service stations.
B. Site design requirements.
13, 1. Table of site design requirements:
Site Standards
Minimum lot area (sq. ft.) 30,000
Minimum lot width (ft.) 150
Minimum lot depth (ft.) 180
Separation from adjacent automobile service stations(ft.) 500
(based on distance between nearest points)
Minimum setbacks, all structures:
Front yard 50
Side yard 40
Rear yard 40
2. 14 Waiver of separation requirements.
a. The BZA may, by resolution, grant a waiver of part or all of the minimum
separation requirements set forth herein if it is demonstrated by the
applicant and determined by the BZA that the site proposed for
development of an automobile service station is separated from
another automobile service station by natural or man-made boundaries,
structures, or other features which offset or limit the necessity for such
minimum distance requirements. The BZA's decision to waive part or all
of the distance requirements shall be based upon the following factors:
i. Whether the nature and type of natural or manmade boundary,
structure, or other feature lying between the proposed
establishment and an existing automobile service station is
determined by the BZA to lessen the impact of the proposed
service station. Such boundary, structure, or other feature may
include, but is not limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and a minimum of
a 4 lane arterial or collector right-of-way.
ii. Whether the automobile service station is only engaged in the
servicing of automobiles during reqular, daytime business hours,
or, if in addition to or in lieu of servicing, the station sells food,
14 Text added under 5.05.05 B.2 was relocated from the former 9.04.07.
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gasoline, and other convenience items during daytime, nighttime,
or on a 24 hour basis.
iii. Whether the service station is located within a shopping center
primarily accessed by a driveway, or if it fronts on and is
accessed directly from a platted road right-of-way.
iv. Whether the granting of the distance waiver will have an adverse
impact on adjacent land uses, especially residential land uses.
b. The Administrative Code shall establish the submittal requirements for an
automobile service station waiver request. The request for an automobile
service station waiver shall be based on the submittal of the required
application, a site plan, and a written market study analysis which justifies
a need for the additional automobile service station in the desired
location.
c. Additional conditions. The BZA shall have the right to add additional
conditions or requirements to its approval of a distance waiver request in
order to insure compatibility of the automobile service station with the
surrounding area and the goals and objectives of the GMP.
* * * * * * * * * * * * *
E. Automobile service station sites shall be separated from adjacent residentially zoned
or residentially developed properties by an architecturally designed six-{6) foot high
masonry wall or fence utilizing materials similar in color, module, and texture to those
utilized for the building. Landscaping shall be planted on the residential side of the
fence or wall.
1. The BZA may, by resolution, grant a waiver of part or all of the minimum
following--fastens - - - -
- - - _ - - • - _ _- - Z.: . _ -- -, -- - - - -
phasic.
•
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* * * * * * * * * * * * *
R O. Exceptions:
1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor
render non-conforming, any existing automobile service station or any
automobile service station within a PUD in which a specific architectural
rendering and site plan was approved as part of a rezoning action prior to July 5,
1998.
* * * * * * * * * * * * *
SUBSECTION 3.T. AMENDMENTS TO 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS
Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.08 Architectural and Site Design Standards 15
* * * * * * * * * * * * *
C. Building Design Standards.
* * * * * * * * * * * * *
5. Project Standards.
a. An applicant must submit architectural drawings and a site development
plan or site improvement plan according to LDC Ssection 10.02.03 Site
and the Administrative Code to comply with
this LDC Ssection 5.05.08. Architectural drawings must be signed and
sealed by a licensed Architect who is responsible for preparing the
drawings, and who is registered in the state of Florida as set forth in F.S.
Chapter 481. - - - _ • 1: - - _- - --_ - -' - -
- - - - - - -- - - - - - - -
Statutes.
15 Language stricken in section 5.05.08 is being relocated to the Administrative Code for Land Development,referenced as
Exhibit B in Code of Laws Section 2-13.
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c-b. Building design treatments. Each building façade must have at least
four of the following building design treatments:
* * * * * * * * * * * * *
d-c. Site design elements. All projects must have at a minimum two of the
following:
* * * * * * * * * * * * *
E. Site Design Standards. Compliance with the standards set forth in this section must be
• demonstrated by submittal of architectural drawings and a site development plan in
accordance with the Administrative Code and LDC Ssection 10.02.03. melt
* * * * * * * * * * * * *
F. Deviations and Alternate Compliance. The following alternative compliance process is
established to allow deviations from the requirements of this sSection as approved by
the County Manager or designee.
1. Review and approval procedure. Upon request by the applicant, the County
Manager or designee may administratively approve a Site and Development
Plan application that includes an alternative architectural design and site
development plan that may be substituted in whole or in part for a plan meeting
the standards of Ssection 5.05.08. Approved deviations are allowed only as to
the specific design and plan reviewed. Any modification to an approved design
shall necessitate re-review and approval by the County Manager or designee.
2. Review criteria. In approving an alternative plan, the County Manager or
designee must find that the proposed alternative plan accomplishes the purpose
and intent of this Ssection. •- = -- = - = - - = - - '- - - - - e. If the
plan is approved through this sectionprovicien, the Ssite Sdevelopment Rplan
approval letter shall specifically note the deviations and the basis for their
approval.
3. The Administrative Code shall establish the Ssubmittal requirements for the
Deviations and Alternate Compliance process.•• "' - - - ' - -- - - `-- - - - - - - - • - ". • - - - • -
being-retested:
e.
4. Applicability.
* * * * * * * * * * * * *
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SUBSECTION 3.U. AMENDMENTS TO 5.06.02 DEVELOPMENT STANDARDS FOR
SIGNS WITHIN RESIDENTIAL DISTRICTS
Section 5.06.02 Development Standards for Signs within Residential Districts, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.02 Development Standards for Signs within Residential Districts
* * *
B. Applicability. Signs within residential zoning districts, and in designated residential
portions of PUD zoned properties shall be permitted as provided for in this section.
1. Development standards.
a. Maximum allowable height. All signs within residential zoning districts,
and as applicable to designated residential portions of PUD zoned
properties, are limited to a maximum height of 8 feet, or as otherwise
provided within the LDCthis Codo. Height shall be measured from the
lowest centerline grade of the nearest public or private right-of-way or
easement to the uppermost portion of the sign structure.
b. Minimum setback. All signs within residential zoning districts and as
applicable to designated residential portions of PUD zoned properties
shall be located no closer than 10 ten feet from the property line, unless
otherwise noted below or as provided for in LDC section 9.03.07-ef-the
LOG. When a property line encompasses a portion of the roadway, then
the setback shall be no less than 10 feet from the edge of the roadway,
paved surface or back of the curb, as applicable, unless otherwise
provided for in this section.
c. If the applicant is not the property owner, then a copy of a notarized
authorization letter between the property owner or property manager and
the applicant is required, specifically authorizing approval of the erection
of a sign on the subject parcel.
d. Double-faced signs shall be measured by only one side if both sides are
the same.
e. The use of fluorescent colors on signs is prohibited.
f. The permit number shall be displayed or affixed at the base of the sign
structure and shall have the same life expectancy as the sign. Such
permit number shall be clearly legible to a person standing 5 feet in front
of the base of the sign and, in no case, shall the permit number be less
than 1/2 inch in size.
P. For any around sign over 32 square feet or over 8 feet in height,
construction drawings shall be certified by a Florida reaistered engineer
or a Florida registered architect. The construction drawings shall contain
the plans and specifications, the method of construction, and the method
Page 36 of 234
Words struck threes are deleted,words underlined are added
of attachment to the building or the ground for pole skins and all
proiectinq signs.
* * * * * * * * * * * * *
SUBSECTION 3.V. AMENDMENTS TO 5.06.04 DEVELOPMENT STANDARDS FOR
SIGNS IN NONRESIDENTIAL DISTRICTS
Section 5.06.04 Development Standards for Signs in Nonresidential Districts, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.04 Development Standards for Signs in Nonresidential Districts
* * * * * * * * * * * * *
C. Development standards.
* * * * * * * * * * * * *
9. No signs shall be permitted on a vacant lot or parcel, unless a building permit
or clearing permit has been issued, with the exception of real estate signs which
may be allowed on parcels less than 10 acres.
10. For any ground sign over 32 sq. feet or over 8 feet in height, construction
drawings shall be certified by a Florida registered engineer or a Florida registered
architect. The construction drawings shall contain the plans and specifications,
the method of construction, and the method of attachment to the building or the
ground for pole skins and all proiectinq signs.
* * * * * * * * * * * * *
F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall signs,
and mansard signs shall be allowed in all nonresidential zoning districts subject to the
restrictions below:
* * * * * * * * * * * * *
4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning
sign shall be permitted for each single-occupancy parcel, or for each unit in a
multiple-occupancy parcel. End units within shopping centers and multiple-
occupancy parcels, or single occupancy parcels where there is double frontage
on a public right-of-way, shall be allowed 2 signs, but such signs shall not be
placed on one wall. Retail businesses with a floor area of larger than 25,000
square feet and a front wall length of more than 200 linear feet, are allowed 3
wall signs; however, the combined area of those signs shall not exceed the
maximum allowable display area for signs by the LDCthis-Cede.
* * * * * * * * * * *
a. Wall signs, or any separate part thereof, which is to be affixed to a wall
shall be fastened flush with the surface with fasteners which shall have
the capacity to carry the full load of the sign or separate part thereof
under wind load conditions of the approved Collier County Building Code
Ordinance (Code § 22-106 et seq.1, Flood Ordinance (Code ch. 62. art.
Page 37 of 234
Words stuslk-through are deleted,words underlined are added
111, and the Coastal Building,Zone Ordinance (Code ch. 22, art. VIM. Any
such sign or separate part thereof which is not mounted flush with the
surface and which weighs more than 20 pounds shall have a Florida
registered engineer design the mounting or fastening system and depict
the system on signed and sealed drawings which shall accompany the
permit application.
* * * * * * * * * * * * *
SUBSECTION 3.W. AMENDMENTS TO 5.06.11 PERMIT APPLICATION AND
REVIEW PROCESS
Section 5.06.11 Permit Application and Review Process, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.06.11 Permit Application and Review Process for Signs 16
A. Building Permit applications for signs.
1. General. Any person who wishes to construct, install, rebuild, reconstruct,
relocate, alter, or change the message of any sign shall apply for and receive a
building permit in accordance with Collier County Ordinances and the Florida
Building Code as adopted by Collier County prior to the commencement of any
work. A building permit will be issued by the County Manager or designee,
provided that all permit requirements of the LDC6ede and all other applicable
provisions of the Collier County ordinances and regulations have been met.
2. Process. The Administrative Code shall establish the application requirements
and review process for sign permits. All drawings, plans, and specifications for
pole signs, protecting signs, and any ground sign over 32 square feet or over 8
feet in height must be submitted and certified by a Florida registered design
professional.
3. Expiration of permit. Building permits shall expire and become null and void if
the work authorized by such permit is not commenced and inspected within six
months from the date of issuance of the permit.
2-4. Permit fees. A building permit fee shall be collected pursuant to the fee
schedule set forth by resolution.
•
16 Language stricken in section 5.06.11 is being relocated to the Administrative Code for Land Development,referenced as
Exhibit B in Code of Laws Section 2-13.
Page 38 of 234
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2.
- -- -
2•:- -- - - -- - - - -- - - - - -
over-8-feet-in height,
t-application`
•
sufftoient,
Page 39 of 234
Words struck through are deleted,words underlined are added
ID-B. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals.
1. Within 30 days of the date of the written denial, sent by
certified mail return receipt requested by the County Manager or designee, the
applicant; may appeal the permit denial to the bBuilding bBoard of
aAdjustments.
2. A request for appeal shall be filed in writing. Such request shall state the basis
for the appeal and shall include any pertinent information, exhibits and other
backup information in support of the appeal. A fee for the application and
processing of an appeal shall be established at a rate set by the Board of County
Commissioners from time to time and shall be charged to and paid by the
applicant. The bBuilding bBoard of aAdjustments and aAppeals; shall hold an
advertised public hearing on the appeal and shall consider the denial of the
County Manager or designee or chief building official, whichever is applicable,-_
3. Time limitations on appeals. The Board of Zoning Adjustment and the Building
Board of Adjustments and Appeals shall make their decision on an appeal within
60 days after a request for an appeal has been filed in writing. Any appeal that
has not been acted upon by the applicant within 6 months of the applicant filing
the appeal will be determined to be withdrawn and cancelled unless extended by
the BCC. Further review and action on the appeal will require a new application
subject to the then current LDC cede.
* * * * * * * * * * * * *
SUBSECTION 3.X. AMENDMENTS TO 6.01.02 EASEMENTS
Section 6.01.02 Easements, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.01.02 Easements 17
* * * * * * * * * * * * *
C. Protected/preserve area and easements. e - - - - - = _ =e _ _ _ __ __ _ __ _
- =- - - =- -= . - - - == e• - - 22 :. A nonexclusive easement
or tract in favor of Collier County, without any maintenance obligation, shall be provided
for all "protected/preserve" areas required to be designated on the preliminary and final
subdivision plats or only on the final subdivision plat if the applicant chooses not to
1'Language added in section 6.01.02 C was relocated from the former 10.02.04 B.I.
Page 40 of 234
Words std are deleted,words underlined are added
•
submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to
or abutting a protected/preserve area required to be designated on the preliminary and
final subdivision plats, or only on the final subdivision plat if the applicant chooses
not to submit the optional preliminary subdivision plat, shall have a minimum setback
as required by the LDC, or other setback that may be approved as a deviation through
the PUD approval process by the Board of County Commissioners from the boundary of
such protected/preserve area in which no principle structure may be constructed. The
required preserve principal structure setback line and the accessory structure
setback lines shall be clearly indicated and labeled on the final plat where applicable.
Further, the preliminary and final subdivision plats, or only on the final subdivision plat
if the applicant chooses not to submit the optional preliminary subdivision plat, shall
require that no alteration, including accessory structures, fill placement, grading, plant
alteration or removal, or similar activity shall be permitted within such setback area
without the prior written consent of the County Manager or designee: provided, in no
event shall these activities be permitted in such setback area within ten feet of the
protected/preserve area boundary. Additional regulations regarding preserve setbacks
and buffers are located in Chapters 4 and 10, and shall be applicable for all preserves,
regardless if they are platted or simply identified by a recorded conservation easement.
The boundaries of all required easements shall be dimensioned on the final
subdivision plat. Required protected/preserve areas shall be identified as separate
tracts or easements having access to them from a platted right-of-way. No individual
residential or commercial lot or parcel lines may project into them when platted as a
tract. If the protected/preserve area is determined to be jurisdictional in nature,
verification must be provided which documents the approval of the boundary limits from
the appropriate local, state or federal agencies having jurisdiction and when applicable
pursuant to the requirements and provisions of the growth management plan. All
required easements or tracts for protected/preserve areas shall be dedicated and also
establish the permitted uses for said easement(s) and/or tracts on the final subdivision
plat to Collier County without the responsibility for maintenance and/or to a property
owners' association or similar entity with maintenance responsibilities. An applicant who
wishes to set aside, dedicate or grant additional protected preserve areas not otherwise
required to be designated on the preliminary subdivision plat and final subdivision
plats, or only on the final subdivision plat if the applicant chooses not to submit the
optional preliminary subdivision plat, may do so by grant or dedication without being
bound by the provisions of this section.
* * * *
SUBSECTION 3.Y. ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT
CONTROL PLAN
Section 6.01.05 Soil Erosion and Sediment Control Plan, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby added to read as follows:
6.01.05 Soil Erosion and Sediment Control Plan 18
A. Soil Erosion and Sediment Control Plan. For new and existing development and
construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04
is Added text in section 6.01.05 was relocated from the former 10.02.02 C and updated.
Page 41 of 234
Words struck-thceugh are deleted,words underlined are added
and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted
for approval with the required construction documents for each proposed proiect as
prescribed by obiective 5.4 and policy 5.4.1 of the Conservation and Coastal
Management Element of the Collier County Growth Management Plan.
1. Application. The Administrative Code shall establish the procedure and submittal
requirements for a Soil Erosion and Sediment Control Plan.
* * * * * * * * * * * * *
SUBSECTION 3.Z. AMENDMENTS TO 6.02.01 GENERALLY
Section 6.02.01 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.02.01 Generally
* * * * * * * * * * * * *
B. Procedures for determinations of vested rights for adequate public facilities are set forth
in Chapter 9 40.
C. Procedures for applications for certificates of public facility adequacy are set forth in the
Administrative Code and LDC section 10.02.07Ch1apter 10.
D. For the purposes of this section only, the following terms are defined as follows:
* * * * * * * * * * * * *
SUBSECTION 3.AA. AMENDMENTS TO 6.02.03 TRANSPORTATION LEVEL OF
SERVICE REQUIREMENTS
Section 6.02.03 Transportation Level of Service Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
6.02.03 Transportation Level of Service Requirements 19
* * * * * * * * * * * * *
F. Proportionate Share Payments. Proportionate share payments may be used to
mitigate the impacts of a development on a deficient roadway link by more than a de
minimis amount within a Transportation Concurrence Management Area in which 85
percent of the north-south lane miles and 85 percent of the east-west lane miles are
19 Text added in 6.02.03 F was relocated from former 10.02.07 C.4.g.
Page 42 of 234
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operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of
the Comprehensive Plan Transportation Element.
1. However, no impact will be de minimis if it exceeds the adopted level-of-service
standard of any affected designated hurricane evacuation routes within a TCMA.
Hurricane routes in Collier County are shown on Map TR7 of the Transportation
Element. Any impact to a hurricane evacuation route operating below the
adopted LOS within a TCMA shall require a proportionate share payment
provided the remaining LOS requirements of the TCMA are maintained.
Proportionate share payments under this section are determined subsequent to
a finding of concurrency for a proposed protect within a TCMA and do not
influence the concurrency determination process. Development of an individual
single-family residence will not be required to contribute or make a
proportionate share payment under this section.
a. The proportionate share of the cost of improvements of such deficient
roadways is calculated according to the following formula:
Proiect trips impacting deficient link/SV increase X cost = proportionate
share.
Proiect trips = Cumulative number of the trips from the proposed
development expected to reach the roadway during the peak
hour from the complete buildout of a stage or phase being
approved.
ii. SV increase = The change in peak hour maximum service volume
of the roadway resulting from construction of the improvement
necessary to maintain the adopted level of service.
iii. Cost = Cost of construction, at the time of developer payment, of
an improvement necessary to maintain the adopted level of
service. Construction cost includes all improvement associated
costs, including engineering design, right-of-way acquisition,
planning, engineering, inspection, and other associated physical
development costs directly required and associated with the
construction of the improvement.
b. The cost for a deficient roadway link shall be established using a typical
"lane mile cost" of adding lanes to a roadway having a similar area
type/facility type as determined by the Collier County Transportation
Administrator.
* * * * * * * * * * * * *
SUBSECTION 3.BB. AMENDMENTS TO 6.04.03 FIRE HYDRANTS
Section 6.04.03 Fire Hydrants, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 43 of 234
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6.04.03 Fire Hydrants
- _ ' - - _ - -_ - - - _- - _ • - - - • _ -
„
•
- • . - - -- - _ - - • _ - = -
-- - - _ :- _•-e - - - - - - - - - - - --
-- e.. -
of discharge.
A. 3--Fire hydrants shall be provided at no cost to the County in all subdivisions and
developments.
B. All subdivisions and development shall comply with the Florida Fire Prevention Code
(FFPC).
Page 44 of 234
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SUBSECTION 3.CC. AMENDMENTS TO 6.05.01 WATER MANAGEMENT
REQUIREMENTS
Section 6.05.01 Water Management Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
6.05.01 Water Management Requirements 20
A complete stormwater management system shall be provided for all areas within the
subdivision or development, including lots, streets, and alleys.
A. The system design shall meet the applicable provisions of the current County codes and
ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida
Administrative Code, and any other affected state and federal agencies' rules and
regulations in effect at the time of preliminary subdivision plat submission. Water
management areas will be required to be maintained in perpetuity according to the
approved plans. Water management areas not maintained will be corrected according to
approved plans within 30 days.
H. Street grades. Street grades must be determined in relation to the drainage facilities
for the subdivision and must not exceed four percent nor be less than 0.3 percent,
unless otherwise approved by the County Manager or designee pursuant to section
10.02.04 of the LDC. Street grades must be shown on the development plans by
direction and percent of fall on the road profiles.
I. Rainfall and runoff criteria. The system must be designed for "design floods" resulting
from rain storms and antecedent conditions for all system components in accordance
with current Collier County and South Florida Water Management District criteria.
1. Runoff coefficients. Existing land usage will be considered for the selection of
proper runoff coefficients within the drainage basins involved, whether within the
subdivision or development or not.
2. Lakes. Artificial lakes and retention basins proposed as part of a stormwater
retention system for on-site water management must be designed and shall be
consistent with other ordinances or regulations of Collier County, the state or the
region. All lakes will be set back from abutting roadways or intersections
pursuant to the design standards established in sections 22-106 through 22-119
of the Code of Laws and Ordinances.
J. Stormwater outfalls. Stormwater runoff must be conducted to positive outfalls that can be
permanently maintained, practicably and legally. Outfalls to existing waterways, canals,
preserve or conservation areas, lakes or storm sewers will be acceptable provided it can
be demonstrated through a professional engineering study to the County Manager or
designee that such receiving systems have adequate capacity to receive the proposed
quantity and quality of the additional flow.
20 Language being added in section 6.05.01 derives from the former Code of Laws section 2-12,Exhibit A,subsection C.16.
Page 45 of 234
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1. Side ditches or swales along public or private roads shall not be accepted as
suitable positive outfalls except as may be specifically accepted under the
provisions of the LDC by the County Manager or designee and by the Florida
Department of Transportation, if applicable. The storage of stormwater runoff in
other existing or proposed ditches or swales within a public or private right-of-
way will be permitted for volume storage when approved under South Florida
Water Management District design criteria, but will not be utilized to satisfy the
stormwater storage (quality) requirements of a development's master water
management system.
K. Maior waterway. Improvement or establishment of major waterways and canals will be
developed in full accord with applicable stormwater management criteria. Engineering
data, criteria, and suitable calculations shall be submitted to the County Manager or
designee prior to approval of construction plans.
1. Roadways over major waterways will be structures approved by the County
Manager or designee, sized to maintain flow capacity, designed to assure long
life and minimal maintenance. Construction must meet all current Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction, as amended, unless otherwise approved by the County Manager or
designee pursuant to section 10.02.04 of the LDC.
L. Outfall ditches and open channels. Unless otherwise approved by the County Manager
or designee pursuant to section 10.02.04 of the LDC, side slopes no steeper than four to
one will be allowed. Protection against scour and erosion will be provided as required by
the County Manager or designee.
M. Roadside swales.
1. Design. In the interest of preserving the existing natural groundwater levels,
roadways will not be designed so as to cause the significant lowering of the water
levels existing in the area prior to development. Roadside swales and ditches
may be permitted within street rights-of-way where the use of roadside swales
can be iustified to the County Manager or designee through a written report
prepared by the applicant's professional engineer. Swales, where permissible,
will have side slopes no steeper than four to one and they will not be utilized to
satisfy the stormwater quality (volume) requirements of a project's master water
management system. Where flow velocities in excess of four feet per second are
anticipated, urban right-of-way sections will be required.
2. Erosion protection. All unpaved areas within the permanent right-of-way must
be provided with permanent erosion protection, such as native vegetation or
turf. Swale ditches shall be sodded a lateral distance extending from the road
pavement to the top of the swale ditch backslope. Where valley guttered sections
are used for drainageways, turf protection must be placed from the edge of the
gutter to the outer limits of the right-of-way. If seeding is utilized, then mulching
in accordance with the Florida Department of Transportation standards will be
required. Additionally, if seeding and mulching are utilized, then a strip of sod one
foot wide will be placed along the face of the pavement or curb section and over
the invert of any approved swale section within the runoff flowway. All swales
subiect to erosion velocities will have adequate erosion protection in the form of
riprap or other applicable like methods.
Page 46 of 234
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3. Driveways across swale ditches. Driveways across permitted swale ditches
must have placed beneath them drainage pipes of adequate size and type
approved by the County Manager or designee, based on the capacity
requirements calculated by the applicant's professional engineer for the
development's master water management system.
N. Street drainage. Street drainage within the road right-of-way through grassed swales
will be permitted for rural cross sections only except where velocities in excess of four
feet per second are anticipated. The flow from these swales or other types of drainage
facilities will be diverted to natural percolation areas, artificial seepage basins or
artificial lakes of at least sufficient capacity to comply with the criteria of Collier County
and the South Florida Water Management District. Other equally effective methods of
returning cleansed waters to the aquifer will be acceptable upon prior review and
approval by the County Manager or designee.
1. Existing natural lakes may be used as detention areas provided that they have
adequate storage capacity and that pretreatment measures approved by the
County Manager or designee are taken to prevent pollutant matter from entering
the lake. Positive outfall drainage facilities will be provided away from all
percolation areas, seepage basins, detention areas and artificial lakes to handle
the runoff from storms which exceed the required design storm event in duration
and/or severity.
O. Percolation areas. The actual area required will depend on the percolation rate for the
soils at the specific site and the manner in which the site is developed in accordance
with Collier County and South Florida Water Management District criteria.
1. Underground drainage. Where drainage plans provide for, or it is so directed by
the County Manager or designee, the collection of stormwater in underground
pipes, inlets and other appurtenances for conveyance to an intermediate or
ultimate outfall, the following minimum design criteria will be observed:
a. The minimum pipe used within a publicly maintained stormwater
collection system will be 15 inches in diameter.
b. Inlets will be spaced at such intervals and in such a manner to allow for
the acceptance of 100 percent of the ten-year, one-hour storm runoff.
c. The distance between terminating and intermediate structures must not
exceed those required by the Florida Department of Transportation,
pursuant to Florida Department of Transportation Drainage Manual,
Volumes 1-4 (1987 edition or latest revision).
d. The stormwater, underground collection system, must be so designed
that the elevation of the hydraulic gradient during a ten-year, one-hour
storm event is never higher than the crown elevation of any publicly
maintained roadway in the system.
e. The pipes must be designed to minimize sediment deposits.
f. The pipe materials must meet the requirements set forth in sections 943 -
948 inclusive of the current edition of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction.
Page 47 of 234
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Only concrete pipe or other pipe materials approved by the County
Manager or designee may be used in tidal or salt waters.
q. All drainage pipes must be fitted with headwalls, endwalls, inlets and
other appropriate terminating and intermediate structures.
P. Stormwater disposal. The method of ultimate disposal of stormwaters will be dependent
upon the soil characteristic underlying the development or subdivision. All stormwaters
will be subiected to treatment for the removal of petroleum residues, oils, suspended
solids and other pollutants found in stormwater runoff. The method of treatment will be
determined by the applicant's professional engineer responsible for the preparation of
the stormwater management plans and specifications, and will be subject to the approval
of the County Manager or designee and the concerned state agencies.
* * * * * * * * * * * * *
SUBSECTION 3.DD. AMENDMENTS TO 6.06.01 STREET SYSTEM REQUIREMENTS
Section 6.06.01 Street System Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
6.06.01 Street System Requirements
* * * * * * * * * * * * *
S. Curbs/valley gutter. All streets must be provided with valley gutter or curbs to provide for
drainage. Curbs will be required at street intersections and for those areas requiring
additional vehicular protection. All required intersection curbs must extend ten feet
beyond the radius. 21
T. Intersection radii. Street intersections will be provided with a minimum of a 25-foot
radius (edge of pavement) for local or cul-de-sac streets. If two local or cul-de-sac
streets intersect at less than 90 degrees, a radius of greater than 30 feet may be
required. Intersection right-of-way lines must be provided with no less than a 25-foot
radius, or as approved by the county manager or designee.22
U. Signs. The developer must provide and install traffic control signs, street name and
speed limit signs. All signs must be of noncorrosive, reflective material construction or of
a type approved by the County Manager or designee. One double-sided street name
sign of standard design as prescribed by current county standards will be provided at
each intersection for each named street unless otherwise approved by the County
Manager or designee pursuant to LDC section 10.02.04. All signs shall be in accordance
with the Manual of Uniform Traffic Control Devices (MUTCD), unless approved through
the PUD deviation process. All signs must be designated on the construction plans prior
to their approval by the County Manager or designee.23
21 Language being added in this subsection derives from the former Code of Laws section 2-12,Exhibit A,subsection C.13.g.
22 Language being added in this subsection derives from the former Code of Laws section 2-12,Exhibit A,subsection C.I3.h.
23 Language being added in this subsection derives from the former Code of Laws section 2-12,Exhibit A,subsection C.13.I.ix.
Page 48 of 234
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* * * * * * * * * * * * *
SUBSECTION 3.EE. AMENDMENTS TO 6.06.02 SIDEWALKS, BIKE LANE AND
PATHWAY REQUIREMENTS
Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
6.06.02 Sidewalks, Bike Lane and Pathway Requirements 24
A. All developments must construct sidewalks, bike lanes, and pathways, as described
below:
* * * * * * * * * * * * *
6. All bicycle lanes must also have signage and be marked in accordance with the
latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices.
7. Sidewalks and bike paths at intersections shall continue to the edge of curb as
depicted by Illustrations 1 and 2.
[remainder of this page purposefully left blank]
24 text and illustrations being added in 6.06.02 A.7-9 were relocated from the former 10.02.03 B.1.i.v-vi.
Page 49 of 234
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TA C v CO E of Curs AS J .
, ::
•
V ONbF PO TXff
ne.::.
�
Illustration 1
CuMM SzAtir5
l'f _-
___ici R____ -ITN
—771 ftONT DDTNK
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____4:Srliikot 41111 111 111
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Illustration 2
Page 50 of 234
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8. Two curb ramps shall be provided for sidewalks and bike paths at each street
corner of an intersection. Curb ramps shall be a minimum of 36 inches in width
and shall not rise at a ratio greater than as outlined by the Florida accessibility
code for building construction.
9. Crosswalks shall be required at any intersection where the distance to the
nearest crosswalk is greater than 1,000 feet.
* * * * * * * * * * * * *
SUBSECTION 3.FF. AMENDMENTS TO 9.02.06 REQUIRED NOTICES FOR VESTED
RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC
HEARINGS
Section 9.02.06 Required Notices for Vested Rights Determination Process, Including Public
Hearings, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
9.02.06 Required Notices for Vested Rights Determination Process, Including Public
Hearings
A. Within fifteen-(151 days of the date of receipt by the county of a completed application for
a vested rights determination, the landowner must provide notice of the submission of
the application by: a)
1. pProminently posting on the property for which the vested rights determination is
sought a sign advising of the substance of the claim of vested rights. The sign
shall be posted at least 15 days prior to the date of the public hearing by the
planning commission. The sign to be posted shall contain substantially the
following format.
a. Public Hearing for Vested Rights Determination:
To Permit: (sufficiently clear to describe the proiect)
Date:
Time:
To be held in the Commissioners Meeting Room, Administration Building,
County Government Center, 3299 Tamiami Trail East, Naples, Florida
2. The area of the signs shall be as follows:
a. For properties less than one acre in size, the sign shall measure at least
one and one half square feet in area.
b. For properties 1 acre or more in size, the sign shall measure at least 32
square feet in area.
3. In the case of signs located on properties less than one acre in size, the sign
shall be erected by the County Manager or designee in full view of the public on
each street side of the subject property. Where the property for which approval is
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•
sought is landlocked or for some other reason the signs cannot be posted
directly on the subject property, then the sign or signs shall be erected along the
nearest street right-of-way, with an attached notation indicating generally the
distance and direction to the subiect property.
4. In the case of signs located on properties one acre or more in size, the
applicant shall be responsible for erecting the required sign(s). A sign shall be
erected in full view of the public on each street upon which the subject property
has frontage. Where the subject property is landlocked, or for some other reason
the signs cannot be posted directly on the subiect property, then the sign or
signs shall be erected along the nearest street right-of-way, with an attached
notation indicating generally the distance and direction to the subiect property.
There shall be at least one sign on each external boundary which fronts upon a
street, however, in the case of external boundaries along a street with greater
frontages than 1,320 linear feet, signs shall be placed equidistant from one
another with a maximum spacing of 1,000 linear feet, except that in no case shall
the number of signs along the exterior boundary fronting on a street exceed 4
signs. The applicant shall provide evidence to the County Manager or designee
that the sign(s) were erected by furnishing photographs of the sign(s) showing
the date of their erection at least ten days prior to the scheduled public hearing
by the planning commission, whichever has iurisdiction. The signs shall remain
in place until the date of either the following occurrences: 1) Final action is taken
by the board of county commissioners or 2) The receipt of written notification by
the County Manager or designee from the applicant requesting to withdraw the
petition or requesting its indefinite continuance.
5. = - - : - '•'-•' • -• •• - = =
. _ , _ . - _ _ _ _ _ - _ _ _- _ :, _ _ Mmailing notice to all
property owners within 300 feet of the property lines of the subject property. The
mailed notice must briefly state the nature of the claim and must be made via
certified mail, return receipt requested, sent at the landowner's expense.
* * * * * * * * * * * * *
SUBSECTION 3.GG. AMENDMENTS TO 9.03.07 NONCONFORMITIES CREATED
OR INCREASED BY PUBLIC ACQUISITION
Section 9.03.07 Nonconformities Created or Increased by Public Acquisition, Including Public
Hearings, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
9.03.07 Nonconformities Created or Increased by Public Acquisition
* * * * * * * * * * * * *
D. Post Take Plan. This section addresses the development, review and approval of post-
take cure plans for remainder properties to mitigate and/or eliminate the negative and
potentially costly impacts resulting from the taking of a property for public purposes. In
such cases, it may be determined to be in the public interest to allow some deviations
from applicable LDC or PUD provisions, or Conditional Use requirements, in order to
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accommodate site modifications and/or enhancements, designed to cure, remedy,
mitigate, minimize or resolve otherwise negative site impacts resultant from public
acquisition.
I. 25 The Administrative Code shall establish the submittal requirements for a A Post
Take Plan • - _ - - _ • =_ _ _ _ _ •_ _ _ _ _ _ - and the applicant shall
provide-/depict the following:
a. The boundary or special purpose survey shall be signed and sealed by a
professional surveyor and mapper licensed to practice in the State of
Florida.
acquiGitioni
-- - -- -- - - - - - - - -
e. •
e-b. The appropriate fee as established by the Board of County
Commissioners.
2. The property owner or the County may request the following deviations from the
LDC, PUD or Conditional Use requirements, as may be applicable:
a. Landscape Buffers may be reduced from the required width or depth;
but shall not result in a buffer of less than five-(5) feet in width or depth.
Landscape buffers which have been completely eliminated by the
acquisition may be replaced beyond the acquisition area; but shall not
result in a buffer of less than five-(5) feet in width or depth. All required
plant materials and irrigation requirements shall remain within the
reduced buffer area or shall be relocated or installed as a condition of the
Post Take Plan approval.
25 Language stricken in section 9.03.07 D.I. is being relocated to the Administrative Code for Land Development,referenced as
Exhibit 13 in Code of Laws Section 2-13.
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b. Water management facilities, including retention, detention and
conveyance may occupy up to seventy-five-(75) percent of a landscape
buffer width, if there is a minimum remaining planting area of at least Ave
(5)feet.
c. Required native vegetation, preserve, or open space requirements may
be reduced by an amount not to exceed ten-(10) percent.
3. Deviations other than those set forth in paragraphs D.2.a. through D.2.c. above,
or exceeding the minimums or maximums established therein, may also be
approved, subject to the following procedures:
a. In addition to the requirements for submittal of a Post Take Plan
established in the Administrative Code , within 60
days of the date of submittal of the Post Take Plan to Collier County the
applicant shall also notify property owners in accordance with notice
procedures established in LDC section 10.03.06 S.
as may be applicable.
b. The notice shall: (1) list the requested deviations other than those set
forth in paragraph 2, above, or exceeding the minimums and maximums
established in that subsection; (2) provide a brief narrative justification for
such deviation(s); and (3) provide a copy of the Post Take Plan (in 11 by
17 inch or 8.5 by 11 inch format).
4. Approval Criteria and Process.
a. If no written objection is received within 30 days of the date of mailing of
the notice, the Post Take Plan is deemed approved.
e-b. If an abutting property owner who receives a notice submits a written
objection to Collier County within 30 days of the date of mailing of notice,
the matter shall be scheduled for public hearing before the Collier County
Planning Commission (CCPC). In such cases, the Board of County
Commissioners delegates the authority to review the Post Take Plan to
the CCPC and includes this review as part of the CCPC powers and
duties under the Collier County Code of Laws and Ordinances section 2-
1156 - 2-1164. . Public notice for the hearing
shall comply with LDC section 10.03.05 C , as may be
applicable, and shall specifically note the location of the property and the
requested deviations. The CCPC, in considering whether to approve,
approve with conditions, or deny the proposed Post Take Plan, shall
consider the following:
i. Whether the deviation is the minimum amount necessary to
mitigate for the impacts of the acquisition, while still protecting the
public health, safety, and welfare; and
ii. Whether the County or property owner has or will mitigate for
impacts from the requested deviation(s) on neighboring properties
Page 54 of 234
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by maintaining or enhancing compatibility through various
measures, including but not limited to the installation of additional
landscape plantings or the installation of fences or walls; and
iii. Whether the requested deviations are consistent with and further
applicable policies of the GMP and the requirements of the LDC,
PUD, or Conditional Use, as may be applicable.
4-5. Within 30 days of approval, approval with conditions, or denial of a Post Take
Plan by the CCPC, the applicant, affected property owner, or abutting property
owner may appeal the decision to the Board of Zoning Appeals. For the purposes
of this section, an aggrieved or adversely affected party is defined as any person
or group of persons which will suffer an adverse effect to any interest protected
or furthered by the Collier County Growth Management Plan, Land Development
Code, or building code(s). If an appeal is filed by an abutting property owner,
and said appeal is successful, Collier County shall reimburse said appellant for
the appeal application fee and any associated advertising costs.
E. This section (9.03.07) applies to acquisitions which occurred prior to the adoption of this
ordinance if the purchase or dedication of the property has not closed, or the
condemnation proceeding relating to the property acquired has exhausted all available
appeals.
* * * * * * * * * * * * *
SUBSECTION 3.HH. AMENDMENTS TO 9.04.07 SPECIFIC REQUIREMENTS FOR
WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE
REQUIREMENTS
Section 9.04.07 Specific Requirements for Waiver of Automobile Service Station Distance
Requirements, Including Public Hearings, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
• •.!
e is 26
fact
26 The text of 9.04.07 A-C is being relocated to 5.05.05 B.
Page 55 of 234
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read-right-A#-way's
•
. . ..
subject-parcel-
* * * * * * * * * * * * *
SUBSECTION 3.11. AMENDMENTS TO 10.01.02 DEVELOPMENT ORDERS
REQUIRED
Section 10.01.02 Development Orders Required, Including Public Hearings, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.01.02 Development Orders Required
* * * * * * * * * * * * *
B. Early Work Authorization (EWA). An EWA permit allows for limited development
activities before a development order is issued provided all underlying zoning
approvals are in place. The Administrative Code shall establish the submittal
requirements to obtain an EWA permit.
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1. An EWA permit may be approved by the County Manager; or designee; for 1 or
more of the following activities:
a. Vegetation removal (site clearing);
b. Excavations;
c. Site filling;
d. Construction of stormwater management facilities limited to ponds,
retention/detention areas, interconnection culverts, and swale systems;
an
e. Off-site infrastructure-; and
f. Construction of a perimeter landscape buffer, berm, wall, or fence.
2. The County may issue an EWA permit for the allowed activities, subject to
demonstrated.compliance with the following criteria, as applicable:
a. The proposed vegetation removal complies with LDC sSection 3.05.05 0;
b. County right-of-way permit has been approved;
c. A determination of native vegetation to be retained for landscaping
which would comply with LDC sSection 4.06.00;
d. An excavation permit has been approved;
e. A Soil and Erosion and Sediment Control Plan demonstrating compliance
with the provisions of LDC sSection 6.01.0510.02.02 C;
f. Copies of all approved Agency permits being submitted, including, but not
limited to: SFWMD, ACOE, USFWS, and FFWCC;
g. Determination of legal sufficiency of the EWA permit by the County
Attorney's Office;
h. A vegetation bond in the form of a performance bond, letter of credit, or
cash bond and in the amount of $2,000.00 per acre is posted for
stabilization with vegetation in accordance with LDC section 4.06.04 A.3;
Assurance that all underlying zoning approvals are in place (e.g. PUD,
C.U., etc.);
j. The EWA permit is valid for 60 days with the possibility of two 60-day
extensions dependent on the reason for the inability to gain proper
approvals. After that time, cleared areas must be graded off and hydro-
seeded. Where more time is needed, a new EWA may be requested;
k. All preliminary construction activities are at the risk of the developer.
C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a
conditional building permit prior to development order approval subject to the criteria,
limitations, and procedure established in this section.
1. The ECA may be approved by the County Manager or their designee if the
following criteria are met:
a. A form provided by the Collier County Growth Management Division is
submitted that clearly states the developer understands that all such
preliminary construction activities are at his/her own risk.
b. The zoning designation allows the use.
c. The proposed vegetation removal complies with LDC section 3.05.05-_O,
if applicable.
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2. Limitations on construction activity.
a. The ECA permit allows approved construction to commence up to the first
building code inspection. Construction may continue following phased or
complete building permit approval by the Collier County Building Department
and Office of the Fire Code Official. All construction is subject to the time
limitations identified in the Florida Building
Code, Permit intent, section 105.4.1.
b. If the site development plan, improvement plan or amendment is denied
by the County, then the developer shall remove any improvements permitted by
the ECA's conditional building permit within thirty-(30)days of the denial. Failure
to remove the improvements within thirty (30) days will result in the forfeiture of
the Bbond or surety provided for in 10.01.02.C.1.g.
* * * * * * * * * * * * *
SUBSECTION 3.JJ. AMENDMENTS TO 10.02.02 SUBMITTAL REQUIREMENTS
FOR ALL APPLICATIONS
Section 10.02.02 Submittal Requirements for All Applications, Including Public Hearings, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.02 Infrastructure Standards and County Inspections
Applications
•
•
_- • ' - -
27 The text of 10.02.02 A has been entirely relocated to 3.08.00 A.
Page 58 of 234
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egulation-
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= -° ••.... -_ • - 2 - _- • _ • - - - -
dissevered.
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Page 59 of 234
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■ -
mien-plane.
.. . . ._
.. ..
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acting-prepe ies,
Page 60 of 234
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- - Z -- - - -- - •- - - - - -
C. Othor Codo requirements.
•
Page 61 of 234
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- •_ •
5.05..02
the-GMi?
- _ - -- - - - _ - - - _
hearings:
5. Exemptions. •
- - - - _ - - _ • - _ - - - - _ •.• •• -.
- .-
2.
_ - - - • . - • - 2. ... = . - - _
- • _ -, _ - =, •_ - - - •• •• - -
- _ _ - - _ _ _
Page 62 of 234
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. ..
- - -- - - - -- - - - - - - -
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2. Reserved.
3. Reserved.
�. Reserved.
- - - -- -- - - - - - --
Page 63 of 234
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•
•
1
development ••
-_ •1 _ - - --1 _ _ 1 _ _ . _ -2 _ _ ._ _ • .. . ._ t.
S!• _ _ _ _
cectio p
28
. _ . • • . • • e
IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS,
EGRESS TO THE PROPERTY HEREIN CONVEYED."
28 The text of 10.02.02 B.l0 has been relocated to 4.03.03 G.
Page 64 of 234
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.
folio-number;
•
-
access;
•
•
•
- • ._e.
•
•
- - - - - - -- - - -- --•' - • _ = - _ - = _•
-__ • = - - 22.22 - -22•2- - - 22 •-- -•
9
29 The text of 10.02.02 13.11 has been relocated to 4.03.03 H.
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n, . . _ • „ . • •
■ . - r r - ■ . . . -
PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN
€olio-Rumb9F
-
•
■ .
access ••
•
•- - _ - - - a - _ • •' - • - _ - - _
•
Page 66 of 234
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30
• . . . . . ••. ••. . . . . . . . . .
:.- - ::•• : ' . . . .. . . . 22: - .. . . . 2 ••• 2
: • :r• _• - - - -. • - ••:-= ••2 - - - _- - - _ - - _• •
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- - - - - - - _- - - - - _ • - - • • • • • • •
- _ _ - _ 32 -
_ - - - L°. _ _ _ - - - _ - - 2 _ - e _
. • •
30 The text of 10.02.02 B.1 1.d.has been relocated to 4.03.03 1.
31 The text of 10.02.02 B.12 has been relocated to 4.03.04 B.4.
32 The text of 10.02.02 C has been relocated to 6.01.05 A.
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1. Prohibitions.
of-this-section.
2. Procedures.
b. Determination of comploteness. After receipt of a request for
icy.
33 Language stricken in 10.02.02 F is being relocated to 1.06.01 D and to the Administrative Code for Land Development,
referenced as Exhibit B in Code of Laws Section 2-13.
Page 68 of 234
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. • ..•_ _ - - - - ' _ - _ ' _ - _ - - • - - - - - _-, •• 2.2• •=2,
appeals,
- - _
• - - _ •-• •== - _ - . - • . - -
• _- - _ - - - -_ - -- =- • ••• _.. __ • _ - -_
• - !- - •-
Page 69 of 234
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less such board finds that tho
.
1. Purpose. •
-- - - - - --- - =. - -- - - .._ . - - • - - -
shit:
semmitment(s).
- _ • __ •- - _ • - _ - • - - __ _ - - - e•
ordinances-
Page 70 of 234
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A. Road Construction. 34
1. Materials. Streets shall include a stabilized subgrade, base and wearing surface
in accordance with standards designated by the County Manager or designee
and as shown in the applicant's approved typical sections.
2. Utility Installation. After the clearing, grubbing, and grading has been completed
within 6 inches of final subgrade of the roadway for a street, all underground
work for the water mains, sanitary sewers, storm sewers, gas mains, telephone,
electrical power conduits and appurtenances, 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 by future utility
installations. All underground improvements installed for the purpose of future
service connections shall be properly capped and backfilled.
3. Utility casings. All casings to be installed within the roadway section of a project
must be located at a depth at least 6 inches below the bottom elevation of the
roadway stabilized based course. All casings providing water service must
extend to the intersection of the right-of-way line and the lot line. Unless
approved by the County Manager or designee pursuant to the Collier County
Utilities Standards and Procedures Ordinance 2004-31, as amended, all casings
required for the complete service of underground utilities to the subdivision
must be installed during the construction phase of the project. Any casing which
must be placed after completion of the roadway stabilization and paving shall
have its method of installation approved by the County Manager or designee.
4. Subarade and shoulders. All subgrade and shoulders shall be stabilized to a
depth of 12 inches and to the full width as shown on the applicant's approved
typical section drawing. The stabilized area must be free of muck, roots, and
other objectionable material. The subgrade and shoulders must be stabilized and
compacted to obtain the minimum limerock bearing ratio (LBR) of 40 LBR and at
least 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 must be stabilized in accordance with section 160 of the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction, as amended. The construction of the subgrade and shoulders must
generally conform to section 160 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, as amended.
5. Base. The base shall be compacted limerock constructed to the thickness
specified in the applicant's approved typical section drawing for the class and
type of road to be constructed, and shall be built to the specified width and
centered on the subgrade. Limerock used for the base must meet the standard
specifications for grade no. 2 limerock and must be compacted to obtain at least
98 percent maximum density as determined by AASHTO T180. Construction
and materials of the base must conform to sections 200 and 911 of Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction, as amended. Alternate base courses that meet FDOT
34 Language being added in subsections 10.02.02 A-C derives from the former Code of Laws section 2-12,Exhibit A,subsections
C.13.k—m,t,and C.14-15.
Page 71 of 234
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specifications may be considered and approved by the County Manager or
designee.
6. Prime. The base must be primed with type RC-70 bituminous material of SS-1
(asphalt emulsion) and shall comply with section 300 of the Standard Florida
Department of Transportation Specifications for Road and Bridge Construction,
as amended.
7. Surface course. The surface course thickness and width shall be as specified in
the applicant's approved typical section drawings. The processing of the mixture
and construction of the surface course must comply with sections 320, 330, and
334 of the Standard Florida Department of Transportation Specifications for
Road and Bridge Construction, as amended.
8. Pavement striping. All work shall be in accordance with section 711 of the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction, as amended.
9. Grass. All areas within the right-of-way not receiving the surface course must
receive seed, fertilizer, and mulch in accordance with sections 570, 981, 982 and
983 of the Standard Florida Department of Transportation Specifications for
Road and Bridge Construction, as amended. Where sod is specified by the
County Manager or designee for erosion control, it shall be installed prior to
preliminary acceptance of the roadway.
10. Construction in muck or clay areas. The design of streets proposed in excessive
muck areas shall be considered on an individual basis and may, where so
directed by the County Manager or designee, require the use of under drains.
Alternate methods of construction may be considered by the County Manager or
designee based on a design study, containing soil testing data, and
recommendations prepared by a geotechnical engineer licensed to practice in
the State of Florida and supported by the applicant's professional engineer.
11. Alternative types of pavement, base, and subgrade. Alternate types of pavement,
base, and subgrade determined by the County Manager or designee to be
equivalent to those specified in this section may be approved. Application for
such approval must be accompanied by written data, calculations, and analysis
which show, by generally accepted engineering principles, that the alternate
types are equal or superior to those specified.
B. Road Maintenance. The applicant shall be responsible for maintenance of the roads for
the period between preliminary and final acceptance. This includes workmanship,,
materials, and all repairs and maintenance.
C. Pavement Samples, Testing, and Inspections by the County Manager or designee.
1. Pavement samples. The developer shall provide core samples of both the base
course and surface course of the completed public and private roadways prior to
preliminary approval. The core samples shall be taken at a maximum of 300
linear feet intervals and arrangements shall be made to immediately replace the
removed core materials to conform to the specifications to the line and grade of
the immediate surroundings' pavement surface. The core samples shall be taken
Page 72 of 234
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by an approved testing laboratory and/or professional engineer and certified as to
location and thickness measured.
a. A tolerance of one-quarter inch for pavement surface and one-half inch
for base course may be accepted. Any deviations more than these
tolerances shall result in withholding preliminary acceptance until such
time that the pavement is brought up to county standards.
2. Testing. The applicant must have the subgrade and shoulders tested for
compaction and limerock bearing ratio (LBR) at intervals set forth in Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction, as amended, or as directed by the County Manager or designee.
The subarade and base, as specified in LDC section 10.02.02 A.4.and A.5, shall
be tested for compaction by a certified engineering testing laboratory. Prior to
acceptance by the county, a copy of the test results along with a statement of
compliance issued by the testing laboratory, must be furnished to the County.
Manager or designee.
3. Inspection by the County Manager or designee. During construction, a field
inspection shall be made by the County Manager or designee. It is the
applicant's responsibility to provide written notice to the County Manager or
designee when construction is ready for inspection.
SUBSECTION 3.KK. AMENDMENTS TO 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.03 Submittal--Requirements for Site Development, Site Improvement Plans and
Amendments thereof
A. Generally.
1. Purpose. The intent of this section is to ensure compliance with the appropriate
land development regulations prior to the issuance of a building permit. This
section is further intended to ensure that the proposed development complies
with fundamental planning and design principles such as: consistency with the
county's growth management plan; the layout, arrangement of buildings,
architectural design and open spaces; the configuration of the traffic circulation
system, including driveways, traffic calming devices, parking areas and
emergency access; the availability and capacity of drainage and utility facilities;
and, overall compatibility with adjacent development within the jurisdiction of
Collier County and consideration of natural resources and proposed impacts on
those resources. thereon-
Page 73 of 234
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2. Applicability. All development, except as identified in LDC section 10.02.03 A.3,
is subject to the provisions of this section. The
a. No building permit or certificate of occupancy shall be issued except in
compliance with the approved site development plan, site improvement
plan, amendment thereof, or pursuant to an approved Early Construction
Authorization permit.
b. No final local development order shall be issued or renewed for any
regulated development that would allow development or change in use
in violation of the LDC.
c. All final local development orders issued in violation of the LDC are
deemed invalid, and shall not confirm or vest any development right or
property interest on the owner/operator or regulated development.
d. Violation of the terms identified in the approved site development plan,
site improvement plan, and amendments thereof shall constitute a
violation of the LDC.
3. Exemptions from Site Development Plans and Site Improvement Plans. While
the following land use activities shall be exempt from the provisions of LDC
section 10.02.03, they are not exempt from other provisions of the LDC such as,
but not limited to, landscaping, tree removal, development standards, and the
submission requirements attendant to obtaining temporary use and building
permits, unless otherwise stated in subsection 10.02.03 A.3.
a. Single-family detached and two-family housing structure(s) on a lot(s) of
record except as otherwise provided at section 4.02.02 (cluster
development).
b. Townhouses developed on fee simple lots under individual ownership,
provided that a fee simple townhouse plat is approved in accordance
with the provisions of LDC subsection 10.02.04.8.2_a.4
c. Underground construction; utilities, communications and similar
underground construction type activities.
d. Accessory and ancillary facilities for a golf course such as restrooms,
irrigation systems, pump-houses where an welimihafy early work
authorization has been entered into with the county except where a site
land alteration permit is required by the LDCc-Cede.
e. Construction trailers and storage of equipment and materials following
issuance of a building permit for the use to which said activities are a
function of, pursuant to LDC subsection
5.04.03. E—Model homes and sales centers, except as otherwise
provided by LDC section 5.04.04,
f. Project entryway signs, walls, and gates and l4ekesee.
Page 74 of 234
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g. Signage proposed for the project in conformity with LDC section 5.06.00,
sign regulations and standards. - _ - - _ - - -
h. Neighborhood parks, subject to the approval of a conceptual site plan
depicting, on a 24" by 36" sheet, all site clearing; improvements, including
fences and walls, playground equipment, walkways, picnic areas, and
play areas; and minimum Code landscaping (irrigation will not be
required). For the purposes of review fees only, this plan shall be treated
as a conceptual site development plan, and the applicable review fee
shall apply.
i. Minimum landscape buffering. Under certain circumstances with
neighborhood parks, there may be underlying health, safety and
welfare concerns that necessitate deviation from the buffering
required in section 4.06.02. The County Manager or his designee
will determine, on a case-by-case basis, whether such deviation is
necessary. This determination will be made upon a request for
determination from the applicant, which must include all reasons
that would justify the deviation. The County Manager or his
designee will use factors including, but not limited to, the following
when making a determination for deviation:
(a) The geographic location of the neighborhood park
(b) The effects that a lack of buffering will have on
neighboring uses; and
(c) The need to ensure that the public safety is maintained by
providing law enforcement and other policing entities clear
view of the activities occurring on the park premises.
S 4. Agricultural Exemptions. Due to its location or minimal impact on surrounding
properties and probable minimal impacts under the site development plan
review standards contained in section 10.02.03 B.A:47, standard application
requirements as described in section 10.02.03 AD., may be waived in part or in
full by the County Manager or his designee for agriculturally related
development as identified in the permitted and accessory uses section of the
rural agricultural zoning district; however, a site improvement plan as required by
section 10.02.03 BE. addressing the application requirements deemed necessary
by the County Manager or his designee shall be submitted to the pPlanning and
Zoning department for review and approval.
5. School Board Review Exemption.,
a. School board review ("SBR") application contents. The SBR application
submittal will be in accordance with section 10.02.03 of the Code, but will
be accorded an expedited process as outlined in the Manual for County
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Consistency and Site Plan Reviews of educational facilities and
ancillary plants, as may be amended by agreement between the Board
of County Commissioners and the Collier County School Board. This
document is available in the Records Room of the Community
Development and Environmental Services Building.
* * * * * * * * * * * * *
B. 4-Standards for Site Ddevelopment and Ssite !improvement Pplans standards.
The County Manager or his designee shall review and consider all site development
plans and site improvement plans in accordance with the
following standards:
1. a--Statements regarding ownership and control of the property and the
development as well as sufficiency of conditions regarding ownership and
control, use and permanent maintenance of common open space, common
facilities, conservation/preservation areas, or common lands to ensure the
preservation of such lands and facilities will not become a future liability of the
county.
2. b. Development compliance with all appropriate zoning regulations and the
growth management plan. The ingress and egress to the proposed development
and its improvements, vehicular and pedestrian safety, separation of vehicular
traffic from pedestrian and other traffic, traffic flow and control, traffic calming
devices, provision of services and servicing of utilities and refuse collection, and
access in the case of fire or catastrophe, or other emergency.
Notwithstanding the requirement to comply with the foregoing provisions, the
depiction on a PUD master plan or description of access or location of access
points in a PUD ordinance, does not authorize or vest access to the major road
system. The location, design, capacity, or routing of traffic for any specific
access point will be determined by, and must comply with, the regulations for
site development in effect at the time of site development plan approval.
3. e:- --The location and relationship of parking and loading facilities to
thoroughfares and internal traffic patterns within the proposed development,
considering vehicular and pedestrian safety, traffic flow and control, access in
case of fire or catastrophe, screening and landscaping.
4. d:--Adequacy of recreational facilities and open spaces considering the size,
location, and development of these areas with regard to adequacy, effect on
adjacent and nearby properties as well as uses within the proposed
development, and the relationship to community-wide open spaces and
recreation facilities.
5. p. Adequacy of the proposed landscape screens and buffers considering
preservation of the development's internal land uses as well as compatibility
with adjacent land uses.
6. f. Water management master plan on the property, considering its effect on
adjacent and nearby properties and the consequences of such water
management master plan on overall county capacities. Water management
areas shall be required to be maintained in perpetuity according to the approved
plans. Water management areas not maintained shall be corrected according to
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approved plans within 30 days. The engineer of record, prior to final acceptance,
shall provide documentation from the stormwater maintenance entity; indicating
that said entity has been provided information on how the stormwater systems
functions and indicating responsibility for maintenance of the system.
7. g--Adequacy of utility service, considering hook-in location and availability
and capacity for the uses projected.
8. h.-Signage proposed for the project in conformity with LDC section 5.06.00,
and a unified sign permit shall be applied for with the submittal packet for the site
development or site improvement plan.
9. i. Architectural design of the building for all commercial developments
located in any commercial zoning district.
10. j. Outdoor serving areas shall be explicitly detailed on the site plan,
showing layout of chairs, tables, benches, bars and other serving area features
as may be requested. The plan shall clearly indicate that the location is
unenclosed and provide information on hours of operation, whether or not live
performance music/amplified sound will be provided as entertainment and the
approximate distances of all adjacent residential zoning districts or residential
uses within 2500 feet of the location.
a. i. The County Manager or designee may require additional
landscape buffering beyond LDC Cede requirements, the relocation of the
outdoor serving area to another part of the development, the installation
of sound attenuation devices, limitations to hours of operation and further
restrictions on outdoor entertainment and amplified sound which, in their
professional judgment, will help to mitigate the impacts of the outdoor
serving area on adjacent residential zoning districts and/or residential
uses.
b. ii. Within 30 days from an applicant's first designation of the use in
a site development plan, it shall be within the discretion of the County
Manager or designee to deny approval of such site development plan if,
in the professional judgment of the County Manager or designee, such
use is believed to be not compatible with or has the potential to cause a
deleterious effect upon an adjacent residential use.
c. Notice of such denial shall be promptly mailed to the applicant for
the site development plan. The Aapplicant and staff will meet at their
earliest convenience to discuss and attempt to resolve the compatibility
issues, which can include, but is not limited to, moving the questioned use
to another location within the development.
d. i. Should the parties be unable to reach a solution, the matter will be
promptly referred to the Collier County Planning Commission. At a
publicly noticed hearing, the Planning Commission will review the
proposed use and make a finding as to: (1) whether the proposed use
was intended for this site, and (2) whether such use can be made
compatible with the adjacent residential zoning districts and/or uses
through the imposition of certain conditions or restrictions, including but
not limited to locating the use to another location within the development,
Page 77 of 234
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additional buffering, sound attenuation devices, limitations on hours of
operation, requirement of a vestibule, walls, and relocation of dumpsters.
e. 14,-----Should either the County or the applicant be unwilling to abide
with the findings and recommendations of the Planning Commission, the
matter will then be forwarded to the Board of County Commissioners for a
public hearing, to be conducted in the same manner as LDC Section
10.08.00, except that for notice purposes 10 days prior notice by
publication will be sufficient.
11. k,Such other standards as may be imposed by the LDC this-Cede, the growth
management plan or other applicable regulations for the particular use or activity
proposed.
C. a---Conceptual site development plan review and approval. At the request of the
applicant and subject to the applicable fee set forth in the schedule of fees, the
Pplanning and Zoning services department will complete a conceptual review and
issue a written summary of issues of concern and conceptual approval. This conceptual
approval shall not mean that the project has received final approval, it shall only indicate
that the project is in substantial compliance with the requirements of the LDCCede and
may be approved subject to further review, changes and modifications.
BD. Site Development Plan Requirements (SDP).
and-requirements,A pre-application meeting shall be conducted by the County Manager
or his/her designee; prior to the submission of any site development plan er-site
for review. This meeting may be waived by the County
Manager or designee upon the request of the applicant.
35 - _ - _ _ - _ - - - -- - _ _ _ - _
e _ - -- - - _ _-- - = =0 - - - - _ - - __
),
e.
es
that . the property is zoned PUD (Planned Unit
community-
35 Language stricken in former subsection 10.02.03 B.I is being relocated to the Administrative Code for Land Development,
referenced as Exhibit B in Code of Laws Section 2-13.
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standards based on the provisions of the land
(I) Total site acreage.
and number of bedrooms, as well as
4- AA
, •
(I) Type of use.
applicable),
packet+
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devises.
(iv) Location and arrangement of all proposed
remain).
leading-areas.
beetiesr and-wetlands,
a� -l
#+f - - -- -- -
eanes- _ - - - - -- _ - - -
Page 80 of 234
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2. Distance between buildings and
areas-
-- - - = - -
(ii) Scaled wall section from top of roof to grado
strusturoc; and•- --, _ - , - - - - -, - .. "2 - -= -- - - _ - -
14840
,
number
- - • - - _ '--
Page 81 of 234
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P. • • . ,.
fire(&),
•
shall include=
(b) Botanical name.
(c) Common name.
aFeac.
site-plaw
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(b) Specimen trees designated by the BCC, pursuant to
section 3.05.09
(d) Existing trees- that may bo crodited toward the
building-heights.
Infrastructure improvomonts plans. Dotailed on cite and off sito
•
, .
• „ „
Page 83 of 234
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TP �tve��sop Cuists
I, i tnQ
PIP 7/i16
Illustration 1
•
6Aftctrustion.
Cuois ~es
—71 ir-CLPOWT TVS
tuaam
If III HI I III III
t7e rN/S
Olwtr,doa 2
36 Illustrations I &2 have been relocated to 6.06.02 A.7.
Page 84 of 234
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■ • . .
te-be-performed,
fallowing
lakeermar-shee7
= _ - -_- - - - _ _ - _ _ - _ - - - -' - - -
traffic.
j. Permits. All necessary permits
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permit-approval-,
•
- - - -- - -- - - - -- - -
11 " ..
1. Application. The Administrative Code shall establish the process and submittal
requirements for a site development plan. A site development plan application
shall include, but not be limited to, the following information in order to illustrate
compliance with LDC standards and other State, Federal, and local agency,
requirements.
a. Zoning designation of the subject and adjacent properties.
b. Site plan with existing and proposed buildings and structures, including
dimensions, heights, setbacks, and separations. Parking, open space,
preserves, and other applicable land uses shall be identified on the site
plan.
c. Architectural plans.
d. Environmental Data, as applicable.
e. Landscape plans.
f. Streetlight plans.
q. Transportation system, sidewalks, and pathways, including all ADA
information.
h. Stormwater management plan including all technical specifications and
design computations.
Utility information, including existing and proposed facilities.
j. Trash and recycling information.
k. Building plans.
Information from the Fire Code, including Fire Hydrant Flow test report, if
applicable.
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m. Information from the Standard Building Code, including type of
construction, number of stories, total square footage under roof,
occupancy/use and fire sprinkler intentions of all proposed structures so
that a fire flow may be determined.
n. Site construction plans, including all technical specifications and design
computations.
r. Any additional relevant information as may be required by the County
Manager or designee.
2. Projects subiect to the provisions of LDC section 5.05.08 shall submit
architectural drawings that are signed and sealed by a licensed architect
registered in the State of Florida.
3. The engineering plans shall be signed and sealed by the applicant's
professional engineer, licensed to practice in the State of Florida.
4. The landscaping plans shall be signed and sealed by the applicant's landscape
architect, registered in the State of Florida.
5. Construction and Completion of Site Development Plan Improvements.
a. Pre-construction meeting. A pre-construction meeting shall be held prior
to construction. All necessary permits and necessary applications
requiring county approval and other permitting and construction related
items, including but not limited to the items noted below, shall be
submitted prior to the pre-construction conference. If approved by the
County Manager or designee, an applicant may submit Federal, State
and local agency permits at the pre-construction meeting:
Florida Department of Environmental Protection water and sewer
facilities construction permit application.
ii. Excavation permit application.
iii. A Notice of Intent (NOI) to issue either a Florida Department of
Transportation and/or a Collier County right-of-way permit.
iv. Blasting permit prior to commencement of any blasting operation.
v. South Florida Water Management District permit, if required, or,
Collier County general permit for water management prior to site
development plan approval.
vi. Interim wastewater and/or water treatment plant construction or
interim septic system and/or private well permits prior to building
permit approval.
vii. Anv additional state and federal permits which may be required
prior to commencement of construction, addressing the impacts
on jurisdictional wetlands and habitat involving protected species.
Page 87 of 234
Words struck are deleted,words underlined are added
viii. All other pertinent data, computations, plans, reports, and the like
necessary for the proper design and construction of the
development that may be submitted.
ix. All necessary performance securities required by Collier County
ordinances in effect at the time of construction.
x. The following permits, if applicable require final approval and
issuance prior to the County pre-construction meeting:
(a) Florida Department of Transportation right-of-way
Construction Permit.
(b) Collier County right-of-way permit.
b. Performance securities for site development plans. In the case of multi-
family the developments with individually owned units which are served
by subdivision type improvements, i.e. driveways which function as
access roads and drainage improvements, the developer shall be
required to post a performance security in a form as outlined in LDC
section 10.02.04 F. Calculations for the amount of the security shall be
determined as outlined in LDC section 10.02.04 F. The performance
security shall be accepted by the county prior to the issuance of the first
certificate of occupancy for the site development plan. Upon a
satisfactory final inspection of the improvements, which shall be no later
than 24 months from approval of the site development plan, the
performance security shall be returned to the developer. One year
extensions may be granted by the Engineering Services Director.
c. Completion of site development plans. Upon completion of the
infrastructure improvements associated with a site development plan,
and prior to the issuance of a certificate of occupancy, the engineer shall
provide a completion certificate as to the improvements, together with all
applicable items referenced in LDC section 10.02.05 B.2. Upon a
satisfactory inspection of the improvements, a certificate of occupancy
may then be issued.
E. Site Improvement Plan Requirements (SIP).
2-1. Criteria for Ssite improvement plan review. Submittal eta A site improvement
plan may be reviewed - -: = -= -• = ••• _ = •• =- ° - - - - = presess if
the development proposal meets all of the following criteria: mss:
a. The project involves a site which is currently improved with principal
structures, parking facilities, water and sewer services, and defined
ingress/egress.
b. The proposed use will not require an expansion of the existing
impervious areas to {a} degree which would require an engineering
review or otherwise affect on-site surface water management facilities as
may be documented by waiver letters from the South Florida Water
Management District or Collier County where applicable.
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c. Written documentation from appropriate agencies acknowledging that
water and sewer services are available at the site and are adequate to
serve the proposed use.
d. Public utility ancillary systems in Collier County will be permitted as
insubstantial changes to the Site Development Plan or Site Improvement
Plan approved for the water treatment plant, wastewater treatment plant
or other facility to which the public utility ancillary systems are
subordinate, provided that the requirements of Section 5.05.12 are met.
More than one (1) ancillary use may be permitted with one (1) application
provided that all uses are connected by the same pipeline. The
insubstantial change submittal shall include a signed and sealed
boundary survey of the property or lease parcel; a copy of recorded deed
or lease agreement; a recent aerial photograph of the project area; a
master plan showing all public utility ancillary systems subordinate to
the main water treatment plant, wastewater treatment facility, or irrigation
quality (IQ) system; and a site plan prepared on a twenty-four inch by
thirty-six inch sheet drawn to scale and setting forth the following
information:
i. The project title, utility owner, address and telephone number.
ii. Legal description, scale, and north arrow.
iii. Zoning designation of the subject site(s) and adjacent sites and
the proposed use of the subject site.
iv. Location, configuration and dimensions of all building and lot
improvements.
v. Location and dimension of access point(s) to the site.
vi. Location of existing and proposed landscaping with specifications
as to size, quantity and type of vegetation.
vii. All required and provided setbacks and separations between
structures in matrix form.
viii. Any additional relevant information as may be required by the
County Manager or his designee.
2. Application for site improvement plans. A pre-application meeting shall be
conducted by the County Manager or designee, prior to the submission of any
site improvement plan for review. This meeting may be waived by the County
Manager or designee upon the request of the applicant.
a. The Administrative Code shall establish the process and submittal
requirements for site improvement plans.
b. Projects subject to the provisions of LDC section 5.05.08 shall submit
architectural drawings that are signed and sealed by a licensed architect
registered in the State of Florida.
c. The engineering plans shall be signed and sealed by the applicant's
professional engineer, licensed to practice in the State of Florida.
d. The landscaping plans shall be signed and sealed by the applicant's
landscape architect, registered in the State of Florida.
Page 89 of 234
Words smock through are deleted,words underlined are added
improvements.
3. C--Site improvement plan completion. Upon completion of the required
improvements associated with a site improvement plan, and prior to the issuance
of a certificate of occupancy, the applicant's engineer shall provide a completion
certificate as to the improvements, together with all applicable items referenced
in LDC section 10.02.05 B.2. de. Upon a satisfactory inspection of
the improvements, a certificate of occupancy may then be issued.
t'=" 2 •• - • .: ---- - - - -• -- - - -- --- - ••1 •' ' _ - _• -F. Reserved. [see companion amending ordinance no. 2013-58 for text]
G. &—Amendments and insubstantial changes. Any proposed change or amendment to a
previously approved site development plan shall be subject to review and approval by
the County Manager or his designee. Upon submittal of a plan clearly illustrating the
proposed change, the County Manager or his designee shall determine whether or not it
constitutes a substantial change. In the event the County Manager or his designee
Page 90 of 234
Words sough are deleted, words underlined are added
determines the change is substantial, the applicant shall be required to follow the
review procedures set forth for a new site development plan.
1. Site development plan amendments (SDPA). A substantial change, requiring a
site development plan amendment, shall be defined as any change which
substantially affects existing transportation circulation, parking or building
arrangements, drainage, landscaping, buffering, identified
preservation/conservation areas and other site development plan
considerations.
2. Site development plan insubstantial changes (SDPI). The County Manager or
Ills designee shall evaluate the proposed change in relation to the following
criteria; for purposes of this section, the insubstantial change procedure shall be
acceptable where the following conditions exist with respect to the proposed
change:
a. There is no South Florida Water Management District permit, or letter of
modification, needed for the work and there is no major impact on water
management as determined by the Engineering Services Director
engineering-director.
b. There is no new access proposed from any public street however
minimal right-of-way work may be permitted as determined by the
Transportation Planning Director
c. There is no addition to existing buildings (air-conditioned space)
proposed however a maximum area of 300 square feet of non-air-
conditioned space used for storage, or to house equipment, will be
permitted.
d. There is no proposed change in building footprint or relocation of any
building on site beyond that needed to accommodate storage areas as
described in LDC section 10.02.03 G.2.c, 3 above.
e. The change does not result in an impact on, or reconfiguration of,
preserve areas as determined by the Natural Resource Director
f. The change does not result in a need for additional environmental data
regarding protected species as determined by the Natural Resources
Director
g. The change does not include the addition of any accessory structure
that generates additional traffic as determined by the Transportation
Planning Director , impacts water
management as determined by the Engineering Services Director
egg-director, or contains air-conditioned space.
h. The change does not trigger the requirements of LDC Ssection 5.05.08
as determined by the County Manager or his designee.
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There are no revisions to the existing landscape plan that would alter or
impact the site development plan (as opposed to only the landscape
plan) as determined by the landscape architect.
H. 4—Time limits for review, approval, and construction of Ssite development plans site
improvement plans, and amendments thereof. ,
senstrus#en-
1_a—Site development plans, (SDPs) site improvement plans, and amendments
thereof, will remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the
comments were sent to the applicant. If a response is not received within this
time, the application for the site development plan, site improvement plan, and
amendments thereof review will be considered withdrawn and cancelled. Further
review of the project will require a new application subject to the then current
LDCsede.
2. b--Approved site development plans, site improvements plans, and amendments
thereof(SDPs)shall remain in force for three-(3)-years from the date of approval,
as determined by the date of the SOP approval letter. If construction has not
commenced within 3 years, the approval term will expire
and the SDP approval of the site development plan, site improvement plan, and
amendments thereof is of no force or effect. An amendment to the SDP may be
applied for and may be granted prior to the original expiration date, so long as
the proposed amendment complies with the LDC requirements in force at the
time of the SDP amendment submittal.
Two_year extensions for the approved site
development plan, site improvement plan, and amendments thereof SDP or tho
approved-SOP amendment may be granted. A maximum of twe-(2)-extensions
may be granted before an SDP amendment is required.
3. c. Once construction has commenced, the approval term shall be determined as
follows. The construction of infrastructure improvements approved under an site
development plan, site improvement plan, or amendments thereof SDP-or-SDP
Amendment shall be completed, and the project engineer's completion certificate
provided to the Engineering Services Director, within 30
months of the pre-construction conference, which will be considered the date of
commencement of construction. Two:year extensions to complete construction
may be granted. A maximum of two extensions may be granted before an
amendment is required and the extension is reviewed for LDC compliance. Each
request should provide written justification for the extension and shall be
submitted to, and approved by the County Manager or designee prior to
expiration of the then effective approval term. Thereafter, once the site
development plan, site improvement plan, or amendments thereof SDP or SDP
Amendment approval term expires the site development plan, site improvement
plan, or amendments thereof-SDP is of no force or effect.
Code:
Page 92 of 234
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L6 Electronic data requirements for site development plans, site improvement plans, and
amendments thereof. After the final site development plan has been approved by the
County Manager or his designee for compliance with the LDC. this-Cede as provided in
this section, the applicant's professional engineer shall also submit digitally created
construction/site plan documents, 1 disk (CDROM) of the master plan file, including,
where applicable, easements, water/wastewater facilities, and stormwater drainage
system. The digital data to be submitted shall follow these formatting guidelines: All data
shall be delivered in the state plane coordinate system, with a Florida East Projection,
and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey
Feet (USFEET) units; as established by a Florida registered professional surveyor and
mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall
be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall
have common naming conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-
pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be
readily understood by county staff. All property information (parcels, lots, and requisite
annotation) shall be drawn on a unique information layer, with all linework pertaining to
the property feature located on that layer. Example: parcels—All lines that form the
parcel boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: Lot dimensions—Lottxt layer.
* * * * * * * * * * * * *
SUBSECTION 3.LL. AMENDMENTS TO 10.02.04 SUBMITTAL REQUIREMENTS
FOR PLATS
Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
10.02.04 Submittal Requirements for Preliminary and Final Subdivision Plats
- - - _- _ - " •
Page 93 of 234
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e.
i. Cover map sheet;
co+ urattions
.;
Page 94 of 234
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vi. Aerial map; and
•
details:
designee-
efthe-county-
and-page reference.
h. Topographical conditions -on the tract including all the existing
the-tract bounda
Page 95 of 234
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gr-eundwater--deph-
6ubdivicion. •-' - — _ - - _ _ — -= — - _- — -=
. . of
Page 96 of 234
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- : •- -- - - - - - _- - _- - _ _- - -_- •'-•'•
... . • = : - -- -=
- - - • - - -
Atanagomont Dictrict (coo Rulo 40E, F.
subdivision
3,0740
neview-#ee:
Page 97 of 234
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• ••• -. _ _ - _ - - •.' .'- ' .
• . . e.! •. - - - • • ._ . _ - - - _ - _ - __ -
an-the-County.
10.02.02 B.1.
- =•• :• - - • -- - - - •-•2 ", - • - _ --• •-•2 •
= ,
criteria-
10.02.05 E., and 10.02.04 B. 3.
. . -
Page 98 of 234
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•_ -= - _ - - _ _ =- - _ - .. . - -
- - - - - -- - - - - - - -- -
- - - -_ - '.' .'• - '.' •' - _ -•
- -=e - _- - - -- - -- - - 1_1.! '' . - . ' S.! •'- -
- "- - -- -- - --- _" - --- _- _- - -- - _- - - _- 2 " : - - " - . " 2
- - - - - _ - - - - _ - ' - - - - - - - - • _ _ - -
-- - t•--- -- - - - - -- - - - - - _ - - _ - -- _- - - - - - • - ', -
Page 99 of 234
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• •. . .- • - _ - - - - - - - -
below-
Page 100 of 234
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(3) Surety bond.
2 :-. •• :. _ -- _ - _, - - - •-, _•
• ` - • - - _- - _ - _ __
centerlines .CL, edge of pavement EOP, etc.). For a plan to be
3-8799
Page 101 of 234
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10.02.03.B.1.c of this Code.
if applicable.
StibeliViSienT
development.
a) Total site acreage.
height-prspesed.
a -- --
fallewing
devices-
3) Location and arrangements of all proposed
Page 102 of 234
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and-fire lanes.
8) Location of trash enclosures or compactors, If
applicable,
fences.
• .. -
6ede.
square-feet.
_ - _ - - - - - . . . •.
review fee.
e.
Page 103 of 234
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to-each sheet. •- - - - -- 22 = - • -- - - - -- - - - - - 2=..
- - _ - _- - -_ _ - - - - - _- - - - - • -
-- - - - -- -- - - - - - - - - -
include=
sheet.
,,.
"with the minimum letter size of inch. On the line
directly below, a space for "Sheet of
the-seunty: •• - - - -- - - - - - I - - -
Page 104 of 234
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• • • _ _ 11 11 _ _ 11 11
_ • • .. Z. _ • .
labeied2INet 11•
• .. t1,I � _ , . • . - 22 :, • • . . _ . . .
•
Page 105 of 234
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- - - - - 2-2 : - - - - -- - - - -
•
- - -- - -- -- - - - - - -- - - --
• •
F.S. ch. 177, part I, as amended, and this section, and that
Page 106 of 234
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•
• • .
•
is-pruned.
(address)."
•
e. _ - -_- _ -- - - - -_- -_ - _- • _-, •-•,
•
„ „
•
•
Page 107 of 234
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•- - - - - - - -- - - - - •-.e ... - -- e.111 .' - --- - -= • • - -- -
This section shall be read in conjunction with subdivision design standards, in particular, LDC
Chapters 3, 4, and 6.
A. Requirements for Preliminary Subdivision Plats (PSP). A preliminary subdivision plat
provides an overall scheme of development for a subdivision. It may be used when
only one phase of a multi-phased development is to be constructed. Except for an
integrated phased development, a preliminary subdivision plat is optional while a
final subdivision plat is mandatory.
1. Generally.
a. Approved zoning. No preliminary subdivision plat shall be approved
prior to final approval of the zoning or planned unit development for the
proposed subdivision. However, the zoning application and the
preliminary subdivision plat may be processed concurrently by the
County Manager or designee at the request of the applicant.
b. No development shall be allowed prior to approval of the construction
plans and final subdivision plat, except for the early work authorization
(EWA) permit and early construction authorization (ECA) permit pursuant
to pursuant to LDC section 10.02.00.
c. Integrated phased developments. A preliminary subdivision plat
application shall be submitted in accordance with this section for any
integrated phased development.
2. Application for preliminary subdivision plats.
a. The Administrative Code shall establish the process and submittal
requirements for a preliminary subdivision plat.
b. A preliminary subdivision plat shall include the entire property to be
subdivided and recorded.
c. The preliminary subdivision plat shall be prepared by the applicant's
professional engineer and professional surveyor and mapper.
d. The boundary survey for the preliminary subdivision plat shall be signed
and sealed by a professional surveyor and mapper reqistered in the State
of Florida.
Page 108 of 234
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3. Review by County Manager or designee. County Manager or designee shall
approve, approve with conditions, or deny the preliminary subdivision plat
utilizing the standards established in LDC chapters 3, 4, 6, and other provisions
of the LDC. The decision to approve with conditions, or deny the preliminary
subdivision plat may be appealed to the Board of County Commissioners
pursuant to Code of Laws and Ordinances section 250-58. If the County
Manager or designee should deny the preliminary subdivision plat, he shall
state in writing reasons for such denial and shall cite the applicable code or
regulatory basis for the conditions or denial.
4. Amendments. Any amendment to the approved preliminary subdivision plat
submitted by the applicant shall be reviewed according to the standards
established in LDC chapters 3, 4, 6, and other provisions of the LDC. The County
Manager or designee shall have the authority to approve amendments to the
approved preliminary subdivision plat provided those amendments are based
on generally accepted, sound, professional engineering principles and practices
in the state. Amendments shall be made prior to the processing of the
construction plans and final subdivision plat. Requests for amendments shall
be in writing in the form of an amended preliminary subdivision plat and shall
provide clear and convincing documentation and citations to professional
engineering studies, reports or other generally accepted professional engineering
services in the state to substantiate the amendment requested.
5. Conditions. The County Manager or designee has the authority to approve
requests for substitutions to the design standards contained in the LDC provided
those requests are based on generally accepted, sound and safe, professional
engineering principles and practices. Requests for substitutions shall be made in
writing and shall provide clear and convincing documentation and citations to
professional engineering studies, reports or other generally accepted
professional engineering sources to substantiate the substitution requested.
6. Timing of development. Within 2 years after the date of written approval or
approval with conditions of the preliminary subdivision plat, the applicant shall
prepare and submit to the County Manager or designee the construction plans
and final subdivision plat for at least the first phase of the proposed
subdivision. Each subsequent phase of the preliminary subdivision plat shall
be submitted within 2 years after the date of written approval of the immediately
preceding phase of the proposed subdivision.
a. Extensions. Two, 2-year extensions to submit the construction plans and
final subdivision plat shall be granted for good cause shown upon
written application submitted to the County Manager or designee prior to
expiration of the preceding approval. When granting an extension the
County Manager or designee shall require the preliminary subdivision
plat be modified to bring the project into compliance with the LDC at the
time of the extension request.
7. No vested rights. It is hereby expressly declared that the intent of this section is
to create no vested rights in the applicant or owner of property which obtains
approval of a preliminary subdivision plat, and the County shall not be estopped
to subsequently deny approval of the construction plans and final subdivision
plat based on changes in federal, state, or local laws or regulations, or upon any
other facts or circumstances subsequently arising or considered which would
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adversely affect the feasibility or desirability of the preliminary subdivision plat,
nor shall the County be estopped to deny any rezoning in which a preliminary
subdivision plat is submitted in support of such rezoning.
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final
subdivision plats are commonly referred to as "plans and plat."
1. Generally. Final subdivision plat approval by the Board of County
Commissioners is required before a final subdivision plat can be recorded.
a. No final subdivision plat shall be approved by the Board until the
construction plans have been reviewed and accepted by the County
Manager or designee, except for a minor final subdivision plat pursuant
to LDC section 10.02.04 D.
b. The review and approval of construction plans does not authorize the
construction of required improvements which are inconsistent with
existing easement(s) of record.
c. The required improvements shall be completed prior to recordation of the
final subdivision plat unless the applicant files a subdivision
performance security as identified in LDC section 10.02.04 F with the
County.
d. Where approval of construction plans and final subdivision plats will
lead to the level of service for any public facility being reduced below the
level established by the growth management plan for Collier County, the
County shall deny approval to proceed with development until the
requirements of LDC section 10.02.07 have been met.
2. Application for Construction Plans and Final Subdivision Plats.
a. The Administrative Code shall establish the process and the submittal
requirements for construction plans and final subdivision plats. For
projects incorporating townhouse development on fee simple lots,
additional submittal requirements are required and identified in the
Administrative Code. All requirements established in this section shall
also apply to townhouse development on fee simple lots.
b. Construction plans for all of the improvements required by this section
shall be signed and sealed by the applicant's professional engineer,
licensed to practice in the State of Florida.
c. Final subdivision plats shall be signed and sealed by a professional
surveyor and mapper registered in the State of Florida. The final
subdivision plat shall be prepared in accordance with the provisions of
F.S. ch. 177, as may be amended, and shall be clearly and legibly drawn
with black permanent drawing ink or a photographic silver emulsion mylar
to a scale of not smaller than 1 inch equals 100 feet.
d. The final subdivision plat shall conform to the approved preliminary
subdivision plat and shall constitute only that portion of the approved
preliminary subdivision plat which the applicant proposes to construct.
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e. Improvements for construction plans and final subdivision plats are
identified in the LDC section 10.02.04 C, and are required in coniunction
with the subdivision and development of any and all property pursuant
to LDC section 10.02.03 within the unincorporated areas of the County.
All required improvements shall be designed and constructed in
accordance with the design requirements and specifications of the entity
having responsibility for approval, including all federal, state, and local
agencies. Construction plans for final subdivision plats shall include at a
minimum:
i. Streets, sidewalks, paving, grading, and stormwater
management (drainage):
ii. Bridges and culverts:
iii. Water and sewerage systems, including, where applicable, water
reuse/irrigation pumping, storage and transmission/distribution
systems;
iv. Street lighting. Plans for streetlights shall bear the approval of the
utility authorities involved. If the street lighting system is to be
privately owned and maintained by a property owners' association
or similar entity, it shall be designed by the applicant's engineer:
v. Landscaping within public rights-of-way, parks, recreational
areas: and
vi. Parking areas.
3. County Manager review of construction plans and final subdivision plats.
a. The County Manager or designee shall review and evaluate the
construction plans and final subdivision plat in conformance with the
LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177.
The County Manager or designee shall review and evaluate the
construction plans and final subdivision plat in light of the requirements
established in the LDC and Administrative Code. Based on the review
and evaluation, the County Manager or designee shall approve, approve
with conditions, or deny the construction plans and final subdivision plat.
If the construction plans and final subdivision plat is denied, then the
final subdivision plat shall not be submitted to the Board until the
construction plans and final subdivision plat have been approved or
approved with conditions by the County Manager or designee. The
approval of the County Manager or designee is subiect to Board approval,
noted below.
b. If the constructions plans and final subdivision plat are approved or
approved with conditions by the County Manager or designee, the County
Manager or designee shall recommend that the Board approve, approve
with conditions, or deny the final subdivision plat. If the County Manager
or designee denies or places conditions on the construction plans or
recommends denial or conditions on the final subdivision plat, he shall
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state reasons and cite the applicable code or regulatory basis for the
decision.
c. Once the construction plans and final subdivision plats are submitted by
the applicant for review by the County Manager or designee, they will
remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the
comments were sent to the applicant. If a response is not received within
this time, the application for construction plans and final subdivision plat
review will be considered withdrawn and cancelled. Further review of the
project will require a new application and the appropriate fees paid by the
applicant.
d. Digital submission. After the final subdivision plat has been approved by
the County Manager or designee for compliance with the LDC, as
provided in this section, the applicant shall resubmit 5 certified sets of
the approved construction plans along with approved copies of all
required county permits. The applicant's professional engineer shall also
submit a set of digitally created construction/site plan documents, 1 disk
(CDROM) of the master plan file, including, where applicable,
easements, water/wastewater facilities, and stormwater drainage
system. The digital data to be submitted shall follow these formatting
guidelines: All data shall be delivered in the state plane coordinate
system, with a Florida East Proiection, and a North American Datum
1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered professional surveyor and
mapper. All information shall have a maximum dimensional error of +0.5
feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF)
format; information layers shall have common naming conventions (i.e.
right-of-way—ROW, centerlines—CL, edge-of-pavement—EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily
understood by county staff. All property information (parcels, lots, and
requisite annotation) shall be drawn on a unique information layer, with all
linework pertaining to the property feature located on that laver. Example:
parcels—All lines that form the parcel boundary will be located on 1
parcel laver. Annotations pertaining to property information shall be on a
unique laver. Example: lot dimensions—Lottxt layer.
4. Board approval of the final subdivision plat.
a. Following approval or approval with conditions by the County Manager or
designee, the County Manager or designee shall place the final
subdivision plat on the consent agenda for its next available regularly
scheduled Board hearing. The Board shall consider approval of the final
subdivision plat together with the approval of standard form,
Construction Maintenance Agreement, and approval of the amount of
performance security for the required improvements based on the
estimate of probable cost.
b. If all members of the Board consent to the recommendation of the County
Manager or designee, then the recommendation of the County Manager
or designee on the final subdivision plat shall remain on the consent
agenda and the final subdivision plat shall be approved. If any member
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of the Board objects to the recommendation of the County Manager or
designee or otherwise requests discussion on the recommendation, then
the recommendation shall be taken off the consent agenda and may be
discussed or scheduled for a subsequent hearing date. After due notice of
the hearing to the applicant, the Board shall hold a hearing on the final
subdivision plat. At the hearing, the Board shall consider the County
Manager or designee's recommendation and shall take evidence and
testimony in regard to the final subdivision plat requirements identified
in LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the
LDC. The Board shall approve, approve with conditions, or deny the final
subdivision plat. If the Board of denies or places conditions on the final
subdivision plat, it shall state reasons for such denial or conditions.
c. Approval of the final subdivision plat shall not constitute acceptance of
public dedicated facilities. Acceptance of any such dedicated public
facilities and responsibility for their maintenance shall be by separate
resolution of the Board of County Commissioners. See LDC section
10.02.05 C.3.
5. Insubstantial changes and amendments to construction plans and final
subdivision plats.
a. Insubstantial Changes to Construction Plans (ICP). Following approval by
the County Manager or designee of the construction plans, the applicant
may request insubstantial changes to the construction plans.
i. Application. The Administrative Code shall establish the process
and the submittal requirements for an insubstantial change to the
construction plans. Construction plans shall be prepared pursuant
to LDC section 10.02.04 B.
b. Following approval by the Board of the final subdivision plat, but prior to
recordation, the County Manager or designee may approve minor
insubstantial changes to the final subdivision plat. Insubstantial changes
are insignificant to the project, such as a correction or change on the
cover sheet.
c. Following approval by the Board of the final subdivision plat, but prior to
recordation, the Board may approve amendments to the final
subdivision plat. This is commonly referred to as a "PPLA."
Application. The Administrative Code shall establish the process
and the submittal requirements for
the final subdivision plat amendment. The final subdivision plat shall
be prepared pursuant to LDC section 10.02.04 B.
6. Relationship of Final Subdivision Plats to Site Development Plans. No site
development plan may be accepted for concurrent review with a preliminary
subdivision plat. Once the preliminary subdivision plat has been approved,
site development plans may be submitted for review concurrent with the
submittal of the final subdivision plat. No site development plan may be
approved until the final subdivision plat receives administrative approval, and
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no building permits may be issued until the final subdivision plat is recorded,
unless otherwise provided for in the LDC.
7. Timing of recording and development.
a. Recording. Within 18 months of the date of approval of the final
subdivision plat by the Board, the applicant shall submit the final
subdivision plat to the County Manager or designee for recording.
b. Required improvements to be completed. The improvements required for
the final subdivision plat shall be completed within 18 months from the
date of approval by the Board unless a written extension request is
approved by the County Manager or designee.
c. Integrated phased development. Each subsequent phase of the project
shall be submitted within 2 years following the date of written approval of
the most recently approved final subdivision plat in accordance with
LDC section 10.02.04 A.6.
C. Required Improvements. The following improvements in this section are required in
conjunction with the subdivision and development of any and all property pursuant to
section 10.02.03 and 10.02.04 within the unincorporated areas of Collier County.
1. Elevation, land filling, excavation, and demolition requirements for all
development, pursuant to LDC section 4.01.01.
2. Monuments and control points, pursuant to LDC section 4.03.07.
3. Streets and access improvements, pursuant to LDC section 4.03.08 A. All
subdivision streets, access improvements and related facilities, whether public
or private, required to serve the proposed development shall be constructed by
the applicant.
4. Water management system, pursuant to LDC section 4.03.08 B.
5. Fire hydrants, pursuant to LDC section 6.04.03.
6. Canals, pursuant to LDC section 6.05.01 E.
7. Bridges and culverts, pursuant to LDC section 6.06.01 M. The bridge or culvert
design shall be prepared by a professional engineer.
8. Landscaping and buffers, pursuant to LDC section 6.06.01 0.1.
9. Plantings, trees, and grass for landscaping and buffers, pursuant to LDC section
6.06.01 0.2.
10. Pavement painting and striping, pursuant to LDC section 6.06.01 Q.
11. Traffic control devices, pursuant to LDC section 6.06.01 R.
12. Sidewalks, pursuant to LDC section 6.06.02.
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13. Streetlights, pursuant to LDC section 6.06.03.
14. Sanitary sewer systems, pursuant to Collier County Utilities Standards and
Procedures Ordinance 2004-31, as amended.
15. Parks, protected areas, preservation areas, conservation areas, recreational
areas, and school sites.
a. Parks, protected areas, preservation areas, conservation areas. Parks,
protected areas, preservation areas and conservation areas shall be
dedicated and/or conveyed in accordance with applicable mandatory
dedication requirements and regulations of federal, state and local
agencies.
b. Recreational areas. Recreational areas shall be dedicated and/or
conveyed in accordance with applicable mandatory dedication and/or
conveyance requirements and regulations of federal, state and local
agencies.
c. School sites. School sites shall be dedicated and/or conveyed in
accordance with applicable mandatory dedication and/or conveyance
requirements and regulations of federal, state and local agencies.
16. Shoreline and waterway alterations and additions. All requests for the
construction of seawalls, bulkheads, shoreline and waterway alterations and
additions shall be submitted to the County Manager or designee. After review by
the County Manager or designee the proposed facility or alteration shall be
approved, approved with conditions or denied. The use of vertical seawalls as a
method of protecting shorelines and lands adjacent to waterways shall be
discouraged except for development lakes, and applicants shall be encouraged
to utilize alternate methods of accomplishing shoreline protection and waterway
facilities installation. Whenever possible, all proposed construction of seawalls,
bulkheads, shoreline and waterway alterations and additions shall be designed
to afford the maximum protection to the environment of the area. Any state or
federal permits required for construction must be submitted to the County
Manager or designee prior to the commencement of construction.
D. General Requirements for a Minor Final Subdivision Plat (FP).
1. Generally. Minor final subdivision plat approval may be requested as an
alternative to construction plans and final subdivision plat if the following criteria
are met:
a. No preliminary subdivision plat is submitted or approved.
b. Required improvements are not required for the subdivision.
c. No security performance bond is required for the subdivision.
d. No phasing is required or proposed for the subdivision.
e. The subdivision is not part of a planned unit development.
2. Application and process.
a. The Administrative Code shall provide the process and submittal
requirements for a minor final subdivision plat. Minor final subdivision
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plats shall be in conformance with F.S. ch. 177 and the LDC, as
applicable.
b. Minor final subdivision plats shall be signed and sealed by a
professional surveyor and mapper registered in the State of Florida. The
minor final subdivision plat shall be prepared in accordance with the
provisions of F.S. ch. 177, as may be amended, and shall be clearly and
legibly drawn with black permanent drawing ink or a photographic silver
emulsion molar to a scale of not smaller than 1 inch equals 100 feet.
c. Minor final subdivision plats shall be reviewed and approved pursuant
to LDC section 10.02.04 B.3— B.4 as applicable.
d. Minor final subdivision plats shall be recorded pursuant to LDC section
10.02.04 F.
E. General Requirements for Construction Plans (CNSTR).
1. Generally. Construction plan approval may be requested when no platting or
recording of property is required. This process allows for the review of
construction plans separate from a final subdivision plat.
a. The review and approval of construction plans does not authorize the
construction of required improvements which are inconsistent with
existing easement(s) of record.
2. Application and process.
a. The Administrative Code shall provide the process and submittal
requirements for construction plans. Construction plans shall be in
conformance with LDC section 10.02.04 B and C, as applicable.
b. Construction plans for all of the improvements shall be signed and sealed
by the applicant's professional engineer.
c. Construction plans shall be reviewed and approved pursuant to LDC
section 10.02.04 B.4, as applicable.
3. Insubstantial changes. An applicant may request insubstantial changes pursuant
to LDC section 10.02.04 B.5.a.
F. Recordation of the Final Subdivision Plat.
1. Generally. No building permits for habitable structures shall be issued prior to
approval by the Board of County Commissioners and recordation of the final
subdivision plat, except as provided in LDC sections 5.04.04 and 10.02.04 B.6,
as applicable.
2. Posting of subdivision performance security at the time of recording.
a. The final subdivision plat shall not be recorded until a subdivision
performance security for the construction of the required improvements,
both on-site and off-site, has been posted by the applicant and approved
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and accepted by the Board or the County Manager or designee on behalf
of the Board.
b. The applicant's professional engineer shall prepare an opinion of the
probable construction cost or the actual contractor's bid price, which
includes the cost of all required improvements, to determine the amount
of the subdivision performance security.
i. If no construction of the required improvements has begun at the
time of posting of the subdivision performance security, the
security shall be an amount equal to 110 percent of the sum of
construction costs for all on-site and off-site required
improvements based on the applicant's professional engineer's
opinion of the probable construction costs or contract bid price.
ii. If construction of the required improvements has begun at the time
of posting the subdivision performance security, the security
shall be in an amount equal to 10 percent of the applicant's
professional engineer's opinion of the probable construction cost
or contract bid price, plus 100 percent of the required
improvements to be completed, such as the final lift of asphalt and
uncompleted sidewalks.
iii. If construction of all required improvements has been completed
and accepted by the Board at the time of recording, only a
performance maintenance guarantee at an amount equal to 10
percent of the applicant's professional engineer's opinion of the
probable construction cost or contract bid price shall be provided.
iv. No subdivision performance security shall be required where
improvements are to be constructed by a general-purpose
government such as a county or municipality, a local school
district, or state agency. A subdivision performance security shall
be required of an independent special-purpose government such
as a community development district (CDD).
c. The subdivision performance security shall be prepared pursuant to
Appendix A of the LDC and shall be one of the following forms:
Construction, maintenance, and escrow agreement, or
ii. Construction Maintenance Agreement and one of the following:
fa) Cash deposit agreement with the County, or
(b) Irrevocable standby letter of credit, or
(c) Surety bond.
d. Once the form of a subdivision performance security has been approved
and accepted by the Board, alternate securities, in a format approved by
the County Attorney, may be approved by the County Manager or
designee, on behalf of the Board.
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3. Recordation Procedure. After approval of the final subdivision plat by the
Board, but prior to the recording of the final subdivision plat with the clerk of the
circuit court, the following shall occur:
a. The applicant shall obtain all of the signatures on the original plat cover
sheet(s) that are associated with the applicant's obligations and shall
submit the original final subdivision plat, and any separate consents, or
opinions or certifications of title, to the County Manager or designee.
b. The applicant shall provide 3 copies and 1 molar of the recorded final
subdivision plat and accompanying documents to the County Manager
or designee.
c. Simultaneously with the submission of the executed final subdivision
plat to the County Manager or designee, the applicant shall also submit
in accordance with F.S. ch. 177, at no expense to the County, either a
title opinion from an attorney licensed to practice in the State of Florida or
certification from a title company. The effective date of the title opinion or
certification must be no more than 30 days prior to the submission of the
final subdivision plat to the County Manager or designee and must
contain all of the following:
i. A legal description of at least the lands being platted;
ii. A statement that the attorney is licensed to practice in the State of
Florida and that the attorney has examined title to the subiect real
property, if a title opinion is being provided;
iii. Identification of the exact name of any person who is the record
owner of the subiect real property and a specific citation to the
official records book and page, where each record legal owner
obtained title to the subject real property. The title information
shall include a copy of said instrument(s) of conveyance; and
vi. Identification of liens, encumbrances, easements, or matters
shown or that should be shown as exclusions to coverage on a
title insurance policy. As may be applicable, the title information
shall include in a neatly bound fashion and make citation to the
recording information of all referenced liens, encumbrances,
easements, or exclusions. The title information shall include a
copy of any such instruments.
d. Payment of recording and copy fees. Upon compliance with this section
and payment of fees by the applicant, the County Manager or designee
shall record the final subdivision plat with the clerk of the circuit court in
the official records of Collier County, Florida.
e. Construction and Maintenance Agreement. The applicant shall enter into
a construction and maintenance agreement with the County, in a form
acceptable to the County Attorney, which establishes the terms and
conditions for the construction and maintenance of the improvements
required during the 18-month construction period or a time frame
established in an approved extension request by the County Manager or
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designee. This agreement shall be submitted with the final subdivision
plat for review and approval and shall be executed by all parties at the
time of recording of the final subdivision plat.
f. Recording of other documents. If any dedications, grants, conveyances,
easements, consents (including mortgagee consents), reservations,
covenants, or other like instruments are to be recorded by separate
instrument simultaneously with the final subdivision plat, appropriate
fees and original documentation must be provided by the applicant to the
County Manager or designee for processing and recording by the clerk of
court. All documents shall be submitted prior to or at the time of recording
of the final subdivision plat.
q. Supporting "gap" title information. Within 60 days of recordation of the
final subdivision plat in the official records of Collier County, Florida, the
applicant, at no expense to the County, shall submit to the County
Manager or designee final supporting "gap" title information. The final
supporting title information must meet all of the requirements of 10.02.04
F.3.c, except as to the effective date. Receipt and approval of the "gap"
title information is a condition precedent to preliminary acceptance of
subdivision improvements by the Board.
h. The effective date of the supporting "gap" title information must be
through the date of recordation of the final subdivision plat and must, at
a minimum, cover the "gap" between the time the effective date of the
information required by 10.02.04 F.3.c above, when submitted and the
date of recording of the final subdivision plat. The final supporting "gap"
title information must include a copy of any required instruments not
previously provided in connection with submittals for the recording of the
final subdivision plat.
G. Vacation and annulment of subdivision plats. Vacation and annulment of a
subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended,
and Collier County Resolution 2006-160, as amended.
* * * * * * * * * * * * *
SUBSECTION 3.MM. AMENDMENTS TO 10.02.05 SUBMITTAL REQUIREMENTS
FOR IMPROVEMENTS PLANS
Section 10.02.05 Submittal Requirements for Improvements Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.05 Construction, Approval, and Acceptance of Required Improvements Submittal
Page 119 of 234
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• - - . ..•-- - _ . Withjfl-30
- - - - - -- - -- - - - - - -
1
Page 120 of 234
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- - --- -- - - - - - - - - -- - -
• _
sensent{s}),
attefnef-
- - - - - - - - - - - -- - -
-
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following -- - - - -
•
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- - - - - -- - - - - - --
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„ •
+ F6vemont
the-# t.
-- - - - - -- - -- - -- - - --
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I.. • • •
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- - -_ _ = - - - - _ - • - ', - - - - - - -
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■
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construction.
- Ill.! . .
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- - - - - - - - -- - - - -- - _ _ _ - _ _ - - - - - _, - _ - - - - - _ _
. .
senstfaeteci
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the standards established by this
or his-designee-
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- •
- - - - - - ••, - - - - - - - - • 2•: 2'.2. •I .. - - • - • . . - --
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roadway.
the-like.
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aseepted_
Page 128 of 234
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•
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senlfaeter{s).
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imom
dents:
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by the- ty.
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a
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b. Bridges;
and
2.
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stet}
Page 130 of 234
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clearly-delineated,
• 1
•.
10.02.01 A.3.
_ _ _ , . _
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,
. . . . . .
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Page 132 of 234
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• •. •• •• . . .. . . .. . • . . • .•1•
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epeoifioatione,
e.
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. ..
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• - , _ - - •, _ _- _- - - -
amended.
j. Parks, protected areas, proeervation areas, conservation areas,
-
- 2 - - _
feeler-air etate-aRa-leeal--ageneiee:
and-loam-agencies:
issal-agensies2
__
-_ _ - - - - -- - - -- ---- • - -_
- - - _ - -- - _ - - - - - - _
- _ ` - _ _ - - - _ -- - • - - .
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Page 135 of 234
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designee,
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Page 137 of 234
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- 2 - - • - _ - - _ _• - - - - -
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Page 138 of 234
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A. Construction of Required Subdivision Improvements.
1. Pre-Construction Meeting. Prior to the commencement of construction of the
required improvements, a Pre-Construction meeting shall be held. The applicant
shall request the Pre-Construction meeting and provide at least 48 hours for the
Pre-Construction meeting to be scheduled by the Engineering Services
Department. The Pre-Construction meeting shall be attended by representatives
of the county, utility companies, the applicant's professional engineer of record,
the contractor, and the developer. At the Pre-Construction meeting, a schedule of
construction, and all approved County plans shall be provided by the applicant.
Copies of all state and federal permits shall be provided by the applicant to the
County Manager or designee prior to commencement of construction.
a. Should any construction commence on a proiect prior to the Pre
Construction meeting, the County Manager or designee, in addition to
other available remedies, shall have the right to require partial or full
exposure of all completed work for observation, inspection, and
verification that it was installed in accordance with the approved
construction plans.
2. Commencement of construction. Following the Pre-Construction meeting the
applicant may begin construction of the required improvements. The applicant
shall notify the County Manager or designee in writing at least 48 hours in
advance of the date of commencement of construction.
3. Observation of construction by the applicant's engineer. The applicant shall
have the applicant's professional engineer or engineer's representative make
periodic site visits at intervals appropriate to the various stages of the required
construction to observe the contractor's compliance with the approved
construction plans and specifications.
4. Construction inspections by the County Engineer or designee. A list of standard
inspections which require the presence of the County Engineer or designee shall
be provided in the construction plans approval letter provided by the County
Manager or designee and discussed at the Pre-Construction meeting. The
following procedure shall apply:
a. The applicant shall be responsible for the notification to the County
Engineer or designee prior to the required inspections, including prior to
any paving or concrete work associated with roads or sidewalks. At least
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48 hours' notice shall be provided to the County Engineer or designee to
allow for scheduling of an inspection. Verbal confirmation of an inspection
time or a request for rescheduling will be made by the County Engineer or
designee for each notification.
b. "Spot inspections" by the County Engineer or designee may be carried
out without notice on all construction to ensure compliance with the
approved construction plans. At any time, if the County Engineer or
designee finds construction in progress which does not comply with the
procedures, policies and requirements contained in the LDC or the
approved construction plans, the County Engineer or designee shall have
the full authority to issue a stop work order for the portion of the work not
in compliance. If a stop work order is issued, it shall remain in full effect
with respect to the defective work until such time as the documented
discrepancies have been corrected to the full satisfaction of the County
Engineer or designee.
5. Changes to construction plans.
a. See LDC section 10.02.04 B.5.a for insubstantial changes to construction
plans (ICP).
b. The County Manager or designee shall be notified within 24 hours, with
written follow-up, of any problems and conflicts with the actual
construction of required improvements as compared to the approved
construction plans. Problems and conflicts shall be addressed through the
Insubstantial Changes procedure for construction plans, pursuant to LDC
section 10.02.04 B.5.a. The County Engineer may approve insubstantial
changes to construction plans in accordance with acceptable engineering
principles. The changes shall be reflected on the record drawings.
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer
or designee. Preliminary acceptance by the County Engineer or designee shall identify
that the subdivision or development is substantially safe for public occupancy.
1. General. The required improvements constructed under the policies, procedures,
guidelines, and requirements established in the LDC shall receive preliminarily
acceptance by the County Engineer or designee pursuant to the following:
a. Recordation of the final subdivision plat pursuant to LDC section
10.02.04 F shall be prior to or concurrent with preliminary acceptance by.
the County Engineer or designee.
b. No certificates of occupancy shall be issued by the County Manager or
designee until preliminary acceptance is granted.
2. Submittal requirements. Upon completion of all required improvements contained
in the approved construction plans, the applicant's professional engineer of
record shall provide the following materials for the review by the County Engineer
or designee:
a. Competition Certificate. The applicant's professional engineer of record
shall submit a completion certificate for the required improvements
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completed. The completion certificate shall be based on information
provided by the project professional surveyor and mapper and the
engineer's own observations. The completion certificate shall not be
based on "information provided by the contractor." The applicant's
professional engineer of record shall document that the required
improvements have been installed in compliance with the approved
construction plans. Any discrepancy shall be brought to the attention of
the County Engineer or designee and resolved to the satisfaction of the
County Engineer or designee.
b. Applicant's Inspection Report. The applicant's engineer of record shall
submit a report to the County Manager or designee which documents the
dates of inspection, all measurements, field tests, laboratory tests, and
observations which were required to be performed during the construction
of the required improvements.
c. Final release of lien from contractor(s). The applicant's engineer shall
provide to the County Manager or designee a copy of the final release of
lien from any utility and/or roadway contractor(s).
d. Conveyance instruments. All separate conveyance instruments to the
County shall be in a form approved by the County Attorney prior to their
submission to the Board for acceptance, and shall be pursuant to Collier
County Utilities Standards and Procedures Ordinance 2004-31, if
applicable. If requested by the County Manager or designee, the grantee
shall provide, at no cost to the county, a title opinion, or certificate of title
in a form promulgated by the Florida Insurance Commissioner, which is in
conformance with the county's procedures for acquiring real property,
interests. No separate conveyance instrument shall be recorded prior to
recordation of the final subdivision plat and formal acceptance of the
conveyance by the Board.
e. Construction plans and record drawings. The applicant's engineer shall
provide to the County Manager or designee one set of construction plans
on a mylar, with a minimum of 2 mil thickness, or other similar acceptable
material and 2 sets of signed and sealed prints acceptable to the County
Manager or designee, showing the original design in comparison to the
actual finished work. The molars shall be labeled as record drawings on
each sheet prior to printing of the required sets of prints. Subiect to the
approval of the County Manager or designee, the applicant's engineer
may provide a PDF as a substitute for the mylar plans.
f. Digital submission. The applicant's professional engineer shall also
submit digitally created construction/site plan documents, including 1 disk
f CDROM) of the master plan file, including, where applicable,
easements, water/wastewater facilities, and stormwater drainage
system. The digital data to be submitted shall follow these formatting
guidelines: All data shall be delivered in the state plane coordinate
system, with a Florida East Protection, and a North American Datum
1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered professional surveyor and
mapper. All information shall have a maximum dimensional error of +0.5
feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF)
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format; information layers shall have common naming conventions (i.e.
right-of-way—ROW, centerlines—CL, edge-of-pavement—EOP, etc.).
For a plan to be deemed complete, the layering scheme must be readily
understood by county staff. All property information (parcels, lots, and
requisite annotation) shall be drawn on a unique information layer, with all
linework pertaining to the property feature located on that layer. Example:
parcels—All lines that form the parcel boundary will be located on 1
parcel layer. Annotations pertaining to property information shall be on a
unique layer. Example: lot dimensions—Lottxt laver. In addition, a copy of
applicable measurements, tests and reports made on the work and
material during the progress of construction must be furnished. The
record construction data shall be certified by the applicant's professional
engineer and professional surveyor and mapper and shall include but not
be limited to the following items which have been obtained through
surveys performed on the completed required improvements:
i. Roadway centerline elevations at all intersections and at a
minimum at all points of vertical intersection (PVI) along the
roadway.
ii. Invert and inlet elevations of all water management structures,
including catchbasins, all iunction boxes, headwalls, inlets, and
the like.
iii. All record drawing data for water and sewer facilities pursuant to
the provisions of the Collier County Utilities Standards and
Procedures Ordinance 2004-31, as amended.
iv. Centerline inverts on all open swales at high and low points and at
100-foot stations along centerline.
v. The following data shall be submitted in report form for the
acceptance of streets, roadways, alleys or the like for
maintenance purposes:
fa) Name of subdivision, block, plat book and page of
recording.
Ib) Name of each street proposed to be accepted for
maintenance purposes.
(c) The beginning and ending point for each street proposed
to be accepted.
(d) The centerline length of for each street proposed to be
accepted.
(e) The number of lanes for each street proposed to be
accepted.
3. Review and inspection by the County Engineer or designee. Following the review
by the County Engineer or designee of the submittals required in LDC section
10.02.05 B.2 and that the required improvements are in compliance with the
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LDC, the County Engineer or designee shall approve, approve with conditions, or
deny the preliminary acceptance of the required improvements. Inspection by the
County Engineer or designee of the required improvements shall be completed
prior to the granting of preliminary acceptance by the County Engineer or
designee.
a. During preliminary inspection, the required improvements will be checked
for compliance with the approved construction plans. Any approved
insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be
identified and explained in writing by the applicant's professional
engineer of record. All required improvements shall be in full compliance
with the approved construction plans and the "record drawings" prior to
submission to the Board for final acceptance.
b. Following the preliminary acceptance by the County Engineer or designee
there shall be a minimum 1-year maintenance period prior to final
acceptance by the Board.
4. Reduction of the subdivision performance security. At the time of preliminary
acceptance by the County Engineer or designee, the subdivision performance
security may be reduced by the County Manager or designee. Ten percent of the
subdivision performance security, based on the applicant's professional
engineer's probable construction cost or contract bid price, shall be retained as
the maintenance performance security by the clerk of courts on behalf of the
Board. See LDC section 10.02.04 E for acceptable forms for a subdivision
performance security.
C. Final Acceptance of the Required Subdivision Improvements by the Board of County,
Commissioners.
1. Generally. The Board may provide final acceptance, by resolution, of the
improvements subiect to the following:
a. Following the 1-year minimum maintenance period as required by
preliminary acceptance by the County Engineer or designee: and
b. Following satisfactory completion of the preliminary acceptance
inspections by the County Engineer or designee: and
c. At the request of the applicant, after a final inspection by the County
Engineer or designee.
2. Timing. All of the required improvements shall receive final acceptance by the
Board within 36 months from the date of the original Board approval of the final
subdivision plat, unless extended by the County Manager or designee, the
Board, or general law.
a. The developer may request two-year extensions for completion and
acceptance of the required improvements. A maximum of 2 extensions
may be granted by the County Manager or designee. Each request
should provide written justification for the extension.
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3. Dedications and County maintenance. The Board shall adopt a resolution giving
final acceptance of the improvements and establishing County responsibility for
maintenance of the required improvements if it is the Board's desire to accept
and maintain the facilities. The Board has no obligation to accept maintenance
responsibilities for any facilities dedicated to public use, pursuant to F.S. ch.
177.081.
4. Notifications. The County Manager or designee shall notify the applicant in
writing that final acceptance of the required improvements and applicable
acceptance of the facilities has been granted, notify all affected county agencies
of any final maintenance responsibilities, and instruct the clerk of the court to
return the remaining maintenance security held by the Board.
D. Conditional Final Acceptance. A developer may apply for a conditional final acceptance.
The conditional final acceptance may occur when the required subdivision
improvements, with the exception of the final lift of asphalt, and in certain cases, portions
of the sidewalk(s) have received a satisfactory final inspection. The developer shall
provide a performance security in the amount of 150 percent of the estimated cost of the
remaining improvements. Additionally, the developer shall provide a letter to the County
Manager or designee, which confirms the developer's intent to complete all of the
remaining improvements within a 12-month time period. Two additional 1-year
extensions may be approved by the County Manager or designee.
E. Failure of Applicant to Complete Required Subdivision Improvements.
1. County Draw on Subdivision Performance Security. If improvements are not
completed within the prescribed time period as specified in LDC section 10.02.04
B.7 or 10.02.05 D and a subdivision performance security has been submitted,
the County Engineer or designee may recommend to the Board that it draw upon
the subdivision performance security or otherwise cause the subdivision
performance security to be used to complete the construction, repair, and
maintenance of the required improvements.
2. County completion of required improvements. When a final subdivision plat has
been recorded and the applicant fails to complete, repair, or maintain the
required improvements as required by the LDC, the Board may authorize and
undertake completion, repair, and maintenance of the required improvements
under the subdivision performance security provided by the applicant. If no
sale of lots or issuance of building permits has occurred, the Board may
withdraw its approval of the final subdivision plat and may direct the County
Manager or designee to call upon the subdivision performance security to
secure satisfactory completion, repair, and maintenance of the required
improvements, to make his best efforts to restore the property to its
predevelopment condition, or to otherwise take action to mitigate the
consequences of the failure to complete, repair, or maintain the required
improvements. Any remaining subdivision performance security posted by the
applicant shall be retained for the warranty period between preliminary and final
acceptance to provide funds for any repairs, maintenance, and defects occurring
during this warranty period.
3. Failure to complete unrecorded subdivision. Where an applicant has elected to
construct, install, and complete the required improvements prior to recordation of
the final subdivision plat and fails to complete such improvements within the
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time limitations provided in this section, all approvals, permits, and applications
shall be considered null and void. Anv future subdivision and/or development
shall submit a new application and payment of fees based on the then current fee
schedule. Review shall be subject to the then current LDC and other applicable
codes.
F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict.
* * * * * * * * * * * * *
SUBSECTION 3.NN. AMENDMENTS TO 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS
Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
10.02.06 Submittal Requirements for Permits
A. Generally. Any permit submitted to the County must meet the requirements for that
particular permit, as more specifically stated below.
1. Relation to state and federal statutes.
a. Required state and/or federal permits. Where proposed use or
development requires state or federal development orders or permits
prior to use or development, such development orders or permits must
be secured from state or federal agencies prior to commencement of any
construction and/or development, including any changes in land
configuration and land preparation.
b. Development of regional impact. Where a proposed use or
development is a development of regional impact (DRI), it shall meet all
of the requirements of F.S. ch. 380, as amended, prior to the issaanse-of
- = =- -2 . 2 = - 2 2 • 2 2- •-• - - - commencement
of construction or development. Submission of the application for
development approval (ADA) for a DRI shall be simultaneous with the
submission of any rezoning and/or conditional use application or other
land use related petition required by the LDC this Codo to allow for
concurrent reviews and public hearings before both the Planning
Commission and the BCC of the ADA and rezone and/or conditional use
applications. The DRI and rezone and/or conditional use shall be
approved prior to the issuance of any required county development
orders or permits and commencement of construction or development.
2. No approval of the final subdivision plat, improvement plans or authorization to
proceed with construction activities in compliance with the same shall require
Collier County to issue a development order or building permit if (1) it can be
shown that issuance of said development order or building permit will result in
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a reduction in the level of service for any public facility below the level of service
established in the Collier County gGrowth fnManagement pPlan, or (2) if
issuance of said development order of-[orl building permit is inconsistent with
the gGrowth t Management pPlan. Anything in this section to the contrary
notwithstanding, all subdivision and development shall comply with the Collier
County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the
gGrowth management pPlan.
B. Building Permit or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy compliance
process.
* * * * * * * * * * * *
f. Zoning and land use approval required prior to or simultaneously with
issuance of building or land alteration permit or occupancy of land and
space with the exception of the Early Construction Authorization (ECA)
permit pursuant to LDC section 10.01.02 C. A zoning certificate, attesting
to compliance with all aspects of the zoning provisions of the LDCLand
development-bode, shall be required prior to obtaining a building or land
alteration permit or to occupying any space of land or buildings or for
the conduct of a business in all zoning districts. The following zoning
certificate review procedure shall provide for the issuance of a zoning
certificate.
For the purposes of determining compliance with the zoning
provisions of the LDC , an approval of a
site development plan pursuant to LDC section 10.02.03 herein,
authorizes the issuance of a zoning certificate. Said zoning
certificate shall constitute a statement of compliance with all
applicable provisions of the LDC ,
including the uses of the building space upon which applicable
off-street parking and loading requirements were based, however,
issuance of a zoning certificate shall not exempt any person from
full compliance with any applicable provision of the LDCLand
Development Code.
ii. In subdivided buildings each space for which a use is proposed
requires a zoning certificate for that particular space, independent
of any approval conferred upon the building and the land
pursuant to LDC section 10.02.03 and of a zoning certificate
issued for the building and the land, shall be required.
iii. A zoning certificate shall be required for any use of land or
buildings located in residential zoning districts, which involve the
conduct of a commercial or other nonresidentially allowed uses of
land or buildings.
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Cede4
•• -t.
• ..
#. Florida Fish and Wildlifo Conservation Commission permits or
exemptions-
information:
- - - _- _ - _ _- - - -_-, - - - - - - - _- _ -•
Property dimensions.
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•
-
be-retain
•
_, _ - - _
•
cepreeentative,
by-pfopecty-GWReF.
..
ferneVal-penTAT
2.
-- - •
- _ - - - -- - - _ - -
been-met-
Page 148 of 234
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acre.
D-C. Agricultural land clearing.
1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for
agricultural uses that do not fall within the scope of sections 163.3162(4) or
823.14(6), Florida Statutes, shall be required for all agricultural operations except
as exempted by LDC section 10.02.06 C.1.d. D.l.f(below).
- -- - - - -- - 2- " -
a. Application. The Administrative Code shall establish the procedures and
the submittal requirements, in addition to those identified below, to obtain
an agricultural land clearing permit.
i. Silviculture operations, as defined by the LDC, shall require a
management plan prepared by a forester or a resource manager
(i.e. Florida Forest Service, private or industrial).
Page 149 of 234
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i ii. If an ST or ACSC-ST overlay is attached to the zoning of the
property, - = = - = = •• - - - - - - =
the ST or ACSC-ST permit
review shall be in accordance with
LDC sections 2.03.07 and 4.02.14
and may be simultaneously—reviewed simultaneously with the
agricultural clearing permit application.
The-applisationT-instuding A generalized vegetation inventory and
clearing plan_ - - - = • - = e.! .•= -. - -= = '
.• , , , . •
•
- - A •• - - -- == - . - . :- .•-• - = -
vi-iv. Data relating to wetlandwetlands
impacts and protected wildlife species habitat subject to the Collier
Conservation and °Coastal
mManagement eElement of the Growth Management Plan and
the LDC . This data will be
required only when the county's on-site inspection indicates that
there are potential or actual impacts to wetlands and to protected
federally and state listed wildlife habitat.
v 4. The property owner, or authorized agent, has filed an executed
agreement with the County Manager or his designee, stating that
within 2 years from the date on which the agricultural clearing
permit is approved by the County Manager or his designee, the
owner/agent will put the property into a bona fide agricultural use
and pursue such activity in a manner conducive to the successful
harvesting of its expected crops or products. The owner/agent
may elect to allow the subject property to lie fallow after
completing the bona fide agricultural use, for the remainder of the
25-year period required by vi.viii: below. If the clearing is expected
to occur over a period greater than 2 years, this will be stated on
the application and may be addressed as a condition on the
agricultural clearing permit if determined by staff to be appropriate.
vi 4. The property owner, or authorized agent, has filed an executed
agreement with the County Manager or his designee stating that
the owner/agent is aware that the Collier County Board of County
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Commissioners will not rezone the property described in the
agricultural clearing permit for a period of 25 years from the date
of approval of the agricultural clearing permit by the County
Manager or his designee, unless for any such conversions in less
than 25 years, the converted land shall be restored with native
vegetation to the degree required by the LDC.this-Cede.
vii. Permit Fees. The agricultural clearing permit applications shall be
charged a review fee as established by resolution by the Board.
e-b. Criteria for review of the application.
-- - = =' =-- - " e2. -- - - - •• - - - -- - _ _ __ . The following
criteria shall be utilized by staff in reviewing an application for issuance of
an agricultural clearing permit:
i. An on-site inspection has been made by staff, if indicated.
ii. Environmental impacts, including wetlands and protected wildlife
species habitat(s) shall have been addressed in accordance with
the requirements of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan and the
LDC , as may be amended from time to
time.
iii. Additional data and / or information required by the County to
address environmental impacts shall be submitted by the
applicant.
iv. The proposed use is consistent with the zoning district.
v. The proposed use is a bona fide agricultural use.
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vi. The applicant has signed an executed agreement pursuant to
10.02.06 C.1.a.v above.
1 - - - - - • - - -- - -- - - - - _ _ _ .. , - -
e-c. Renewal of agricultural clearing permit. An approved agricultural clearing
permit is valid for 5 years and may be automatically renewed for 5-year
periods providing that a notification in writing is forwarded to the County
Manager or his designee at least 30 but no more than 180 days prior to
the expiration of the existing permit and providing that the property has
been actively engaged in a bona fide agricultural activity. Such notification
shall state that the applicant is in compliance with any and all conditions
and/or stipulations of the permit. A violation of permit conditions shall [be]
cause to void the agricultural clearing permit. Applicants failing to
provide notification as specified herein shall be required to submit a new
application for an agricultural clearing permit.
f-d. Exemptions for agricultural clearing permit.
An agricultural clearing permit is not required for operations
holding hang-obtained a permit under Ordinance No. 76-42 and
which that can demonstrate that an approved bona fide
agricultural activity was in existence within 2 years of the permit
issuance date, or that a
bona fide agricultural activity was in existence before the effective
date of Ordinance No. 76-42. Such A demonstrations for
exemptions may include agricultural classification records from the
Property Appraiser's Office; dated aerial photographs;
occupational license for agricultural operation; or other information
which positively establishes the commencement date and the
particular location of the agricultural operation.
ii. Upon issuance of an agricultural clearing [permit] or as exempted
above, activities necessary for the ongoing bona fide agricultural
use and maintenance shall--be are exempted from obtaining
additional agricultural clearing permits for that parcel, if providing
that the intent, use and scope of said activities continue to complv.
with the ongoing agricultural clearing permit
or exemption. Ongoing bona fide agricultural activities that qualify
for this exemption as described in this section may include but are
not limited to clearing for, around or in dikes, ditches, canals,
reservoirs, swales, pump stations, or pens; removal of new
growth, such as shrubs or trees, from areas previously permitted
or exempted from this section; fire line maintenance; approved
wildlife food plots; or other activities similar in nature to the
foregoing.
P2
Words�e�are age deleted15 ,of words underlined are added
iii. Fences, buildings, and structures that requirein a building
permit shall be exempt from an agricultural clearing permit but
must obtain a vegetation removal permit.
iii-iv. No agricultural clearing permit shall be required for protected
vegetation that is dead, dying or damaged beyond saving due to
natural causes also known as acts of God provided that:
(a) The County Manager or his designee is notified in writing
within 2 business days prior to such removal and the
sCounty makes no objection within said 2 business days;
(b) The tree is not a specimen tree;
(c) The vegetation is not within an area required to be
preserved as a result of a required preservation, mitigation,
or restoration program;
(d) The parcel is currently engaged in bona fide agriculture,
as defined by the LDCthis-Cede-i
(e) No agricultural clearing permit shall be required for the
removal of any vegetation planted by a farmer or rancher
which was not planted as a result of a zoning regulation or
a required mitigation or restoration program.
2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as
part of agricultural operations that fall within the scope of sections 163.3162(4) or
823.14(6), Florida Statutes, the property owner shall provide notice to the County.
Manager or designee that the removal will occur.
a. The Administrative Code shall establish the submittal requirements for the
agricultural clearing notice, including the following:
e-i. A signed agreement acknowledging the 25-year prohibition on the
creation of TDR credits from land cleared for agricultural
operations after June 19, 2002, as set forth in LDC section
2.03.07; and
f-ii. If the land is outside the RLSA, a signed agreement
acknowledging that, if the land being cleared for agricultural
operations is converted to a non-agricultural uses within 25 years
after the clearing occurs, the property shall become subject to the
requirements of LDC Ssections 3.05.07, as provided in LDC
Ssection 3.05.02,
Page 153 of 234
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b. Permit fees. The agricultural clearing notice application shall be charged
a review fee as established by resolution by the Board.
E-D. Enforcement and penalties.
* * * * * * * * * * * *
1-E. Wellfield conditional use permit and standards.
* * * * * * * * * * * *
s-F. Temporary Use Permit Requirements and-lecuanse. See LDC section 5.04.00-01 of-the
LDC for temporary use permit classifications and restrictions.
1. The Administrative Code shall establish the procedures and application submittal
requirements for temporary use permits.•37 _ - - --_ -_ .• -_ - - _- _ — -
•
follows, •- e -_ _ _ - - =- - _
•
e.
37 Language stricken in 10.02.06 G.1-5 is being relocated to the Administrative Code for Land Development,referenced as
Exhibit B in Code of Laws Section 2-13.
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1
_ ' - - _ - - - - - - _ _- =- .2 :•• • • -•
- - - 2 . " . 2 :-, - - _-, - - - - -- - -- - - -- - - - - - - 2 .•
tie-Cede.
•
- _ - _- -- -_ '" , - - - • - - - ',
39 10. Film Permit.
: " 22 - - 2' .. _- - - _ - et'. _ _ _ - -- - _
.•
- - - _ "" , -- _ • . . - _ - " -- - - -
38 Language stricken in 10.02.06 G.6-9 is being relocated to 5.04.01 C-F.
39 Language stricken in 10.02.06 G.10 is being relocated to 5.04.08
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applieent.
... ... .. •• • •
• - • - - -
•
cite(s),
a) A doccription of any use which may encroach into
6ellier Coady.
precautions. .
P•FePeftW •
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be-in-effect:
2.
pecmit
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-
H-G. Coastal Construction Setback Line Permits. The following activities seaward of the
coastal construction setback line shall require a Coastal Construction Setback Line
(CCSL) permit. A hearing before the Board of Zoning Appeals shall be required pursuant
to the variance criteria set forth in LDC section 9.04.06.
The appropriate fee as set by county resolution
shall be submitted with permit application.
1. Construction of a dune walkover when a Florida Department of Environmental
Protection (FDEP) permit has been obtained and the following criteria have been
met.
a. A maximum width of 6 feet.
b. A minimum separation of 200 feet between walkovers when 2 or more
walkovers are proposed on a single parcel.
2. Creation, restoration, re-vegetation or repair of the dune or other natural area
seaward of the CCSL on an individual parcel of land, when a Florida Department
of Environmental Protection (FDEP) permit has been obtained and the following
criteria have been met.
a. Sand used must be compatible in color and grain size to existing sand
subject to FDEP requirements.
b. Plants utilized shall be 100 percent native coastal species.
c. Restoration plans shall be designed by an individual with expertise in the
area of environmental sciences, natural resource management or
landscape architecture. Academic credentials shall be a bachelors or
higher degree. Professional experience may be substituted for academic
credentials on a year for year basis, provided at least 2 years professional
experience are in the State of Florida.
3. The Administrative Code shall establish the procedures and application submittal
requirements for obtaining a Coastal Construction Setback Line permit.
3-4. Certain activities that may temporarily alter ground elevations such as artificial
beach nourishment projects, excavation or maintenance dredging of inlet
channels may be permitted seaward of the coastal construction setback line if
said activity is in compliance with the Collier County GMP and receives Federal
and State agency approvals. Until such time as the fee schedule can be
amended, the fee shall be $400.00 for these beach nourishment permits.
4-5. Penalty and civil remedies.
a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set
forth elsewhere in the LDC this-bode, the following violations of section
9.04.06 H., which occur during sea turtle nesting season:
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i. Setting up of any structures, prior to daily sea turtle monitoring,
2) failing to remove all structures from the beach by 9:30 p.m., or
3) failing to have lights, so required, turned off by 9:00 pm., are
subject to the following penalties:
(a) First violation: Up to $1,000.00 fine.
(b) Second violation: $2,500.00 fine.
(c) Third or more violation: $5,000.00 fine.
ii. Beach front property owners who leave beach furniture
unattended on the beach between 9:30 pm and the time of the
next day's sea turtle monitoring, are subject to the following
penalties:
fa) First violation: Written notice of ordinance violation.
(b) Second violation: Up to $1,000.00 fine.
(c) Third violation: $2,500.00 fine.
(d) More than 3 violations: $5,000.00 fine.
I-H. Vehicle on the beach regulations.
1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be
unlawful:
a. To operate or cause to be operated a hand-, animal-, or engine-driven
wheel, track or other vehicle or implement on, over or across any part of
the sand dunes, hill or ridge nearest the gulf, or the vegetation growing
thereon or seaward thereof, or to operate or drive such a vehicle on the
area seaward thereof, commonly referred to as the beach.
b. To alter or cause to be altered any sand dune or the vegetation growing
thereon or seaward thereof; make any excavation, remove any material,
trees, grass or other vegetation or otherwise alter existing ground
elevations or condition of such dune without first securing a permit as
provided for in the LDC this-Code.
* * * * * * * * * * * *
a-I. Cultivated Tree Removal Permit.
1. Generally. i . A Cultivated Tree Removal Permits
are is required for the removal or relocation of any tree or palm that has been
installed for landscaping by and which is not a part of a preserve. Moving a
tree from -1-one location to another shall not be considered removal; however, a
Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5
year period may be removed with a Cultivated Tree Removal Permit. However
- : :: •• :: •• -••• - •• -- = - -- - Naturally
Protected vegetation, other than that planted for
landscaping, shall require a Vegetation Removal Permit; refer to LDC section
Page 159 of 234
Words struck through are deleted,words underlined are added
(
3.05.00 10.02.06 C. In no instance shall a site fall below the current minimum
landscape code standard.
2. Applicability. The provisions of this section are applicable to all development
unless otherwise specified in this section.
- . - - - -
3. Exemptions:
a. The removal of a prohibited exotic tree is exempt from obtaining a
Cultivated Tree Removal Permit, unless the prohibited exotic tree is used
to meet the minimum landscaping code requirements pursuant to a final
local development order, prior to leffective date of this ordinancel.
b. Single-family home sites are exempt from obtaining a Cultivated Tree
Removal Permit. Single-family home sites shall maintain the minimum
code landscaping requirements established in LDC section 4.06.05.
3-4. Criteria for removal of cultivated landscaping. The landscape architect may
approve an-Cultivated Tree Removal permit application
based on the following criteria:
a. A tree saner cannot be maintained by proper canopy, root pruning or
root barriers and has become a safety hazard to pedestrian or vehicular
traffic, utilities, or to an existing structure.
b. A tree is growing too close in proximity to another tree(s) to permit normal
growth and development of the affected tree(s).
c. Other public health and safety circumstances as determined by the
eCounty landscape architect.
•
Page 160 of 234
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5. Application. The Administrative Code shall establish the application procedure
and submittal requirements for obtaining a Cultivated Tree Removal permit.
a. The County Manager or designee may require the site plan be prepared
by a landscape architect registered in the State of Florida when the tree
removal exceeds 10 trees.
6. Approval. The County Manager or designee shall approve, approve with
conditions, or deny a Cultivated Tree Removal Permit.
5-7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree
Removal Permit when the applicant for such permit has agreed to fulfill one of
the following conditions:
a. That the minimum code required tree, if transplanted, will shall be moved,
established and maintained using proper arboricultural and horticultural
practices and as outlined in LDC section 4.06.05-of the-fie.
b. That the minimum code required tree(s), if destroyed, be substituted with
an equivalent replacement or replacements, approved by the sCounty
(Landscape Architect, planted on the site from which the destroyed tree(s)
were removed. Sufficient space shall remain on the site allowing
replacements to establish a mature canopy spread, based on usual
growth characteristics.
J. Zoning Verification Letter.
1. A zoning verification letter may be used to verify the zoning of a property
according to the Collier County Zoning Map, the Future Land Use Map, and the
Growth Management Plan and establish the following determinations.
a. Generally. The County Manager or designee may issue a zoning
verification letter that verifies the zoning of a property. Additional
information may be requested about the subject property, including but
not limited to the following:
Allowable uses and development standards applicable to the
property under the LDC:
ii. Zoning of adiacent properties;
iii. Confirmation of any site development plan, conditional use, or
variance approved for the property; and
iv. The nonconforming status of the property.
b. Comparable Use Determination. The County Manager or designee may
issue a zoning verification letter to determine whether a use within a PUD
is consistent and compatible with the surrounding uses within the PUD.
To be effective, the zoning verification letter shall be approved by the
BCC by resolution at an advertised public hearing.
Page 161 of 234
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c. Non-residential Farm Building Exemption. The County Manager or
designee, in coordination with the Collier County Building Official, may
issue a zoning verification letter to establish that a non-residential farm
building and/or fence is exempt from the Florida Building Code.
However, the exemption applies to the structure and does not exempt
the applicant from obtaining the necessary electrical, plumbing,
mechanical, or gas permits for the structure.
d. Administrative Fence Waiver. The County Manager or designee may
issue a zoning verification letter to approve an administrative fence waiver
under LDC section 5.03.02 F.5.a.
2. The Administrative Code shall establish the process and application submittal
requirements to obtain a zoning verification letter.
* * * * * * * * * * * * *
SUBSECTION 3.00. AMENDMENTS TO 10.02.07 SUBMITTAL REQUIREMENTS
FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY
Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.07 Submittal-Requirements for Certificates of Public Facility Adequacy
A. Generally. This section applies to any use or development that generates additional
impacts or demands on public facilities. This section ensures that adequate public
facilities are available and no development orders subject to concurrence regulation
are issued unless adequate public facilities are available to serve the proposed
development, including but not limited to the Transportation Concurrence Management
System and the Public School Facilities Concurrence.
- - - _ - - - - _ _ _ _ , _, - _, - - • , - - - - - - - -
clevetapment
B. Exemptions. The following are - _ _ - _ - -_ - - - 2 = _ _ - 2: exempt
from the-terms-of this section:
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1. All valid, unexpired final development of regional impact (DRI) development
orders which were issued prior to adoption of the Collier County Growth
Management Plan on January 10, 1989, except where:
a. Development conditions or stipulations applicable to concurrency, or
the provision of adequate public facilities concurrent with the impacts of
development, exist in the DRI development order or
b. Substantial deviations are sought for a DRI development order_ d
then, ftThis section applies shall—apply only to those portions of the
development for which the deviation is soughtl;
c. The county-Gan demonstrates pursuant to F.S. § 380.067 that substantial
changes in the conditions underlying the approval of the development
order have occurred or the development order was based on
substantially inaccurate information provided by the developer or that the
application of this section to the development order is clearly
established to be essential to the public health, safety and welfare; or
d. The new requirements would not change or alter a DRI development
order that they would materially or substantially affect the developer's
ability to complete the development authorized by the DRI development
order.
2. Construction of public facilities that is are consistent with the Collier County
Growth Management Plan.
3. Temporary construction and development permits and any subsequent
renewals not to exceed a cumulative period of 1 year.
4. Development orders permitting replacement, reconstruction or repair of existing
development consistent with all elements of the Ggrowth Mmanagement Pplan.
7. Developments that claim vested status from the Growth Management Plan
adopted January 10, 1989 and its implementing regulations and haved
preperly-ebtains a determination of vested rights for a certificate of public facility
adequacy in accordance with LDC section 9.02.00. ,
ac follewc:
1
Page 163 of 234
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■- •• •t.
- _ -_• P. - - - - _ - 2 . _•_- - _ _ Z. _ • • - -- •.• .• •_ =
• • •
10.02.07 -B.7.e. and 10.02.07 B.7.f. however, any such stipulated
procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8; F.S. §
Page 164 of 234
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2.024, 2.025, 2.027, and 2.031, F.A.C. except as expressly set forth
- - - - - 11.! !•
_ _ • • _ _
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•- - _- - _ - - -- - _ _ Z. - - . _- • -. a.. .a•• - _ • _ - - - - - - - - - •• •• - _ . i • -•- - - • _
Page 165 of 234
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e.
- • -- 2. • • •= - - - - - - -
r asquire4
- - - - - - - - - - -- - - - - - --
: 22": " - = , - - , • - • _ _ _ - _
1. General.
•
#asides.
Page 166 of 234
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development-order-upon paymecit-ef-the-estimated-r-ead-impast
• ••
-_ 2222 _ _ - - - _ ' -- __ •_ - -
development',-ef•
- _- - - - • - _ • - _- -• _- - P. " •-
fees-
, .
currently-app .
- - - - - - - - - - •- "2-• - - - - - - - - - •- - -- - -
_- -• _ _ _. _ - - - •- - ' - - -_ 2222 - - _ - - 2222 _ -
„ „
• _ _ _
2222 - - -. . ., - - - - - - • - - - - - - -- 2222 -- --Page 167 of 234
Words struck-through are deleted,words underlined are added
• - -- -- - - - - - -- - - - - - - - - - - - - - -
Page 168 of 234
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. • •• 2222 - •22 - - 2222 - - - ::- .22. •:••2•
- -=.• - _i- - _ -- - _ .. - - _ • - -
certi#icate.
_ • _ -• _ • __ - _ - Z. - = • 22 22 -
- - - -__ - _- - _ -- =' .. .2 _ - --
2222 - ', - - -_ 2222 2222 - _- - ", _ - - - -_ 2222 _ - 2222 _ - 2222 - - 2222••
- _ = _ _ -- _ -_ _ _ _ -
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-- _ _ - • _ • - _ •
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II
-
f. Effect. Issuance of a certificate of public facility adequacy shall
Page 169 of 234
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1
•• • ' . - - - - - - 2e. •- - . . - -_ _ .. 2•••• =- _
general-public', •
_ • 2 - " 2.
- - - - --- ' - - - t --, - -- - _- - -•- 2" --- .. .-• ••-• _ - • - _ _ •••-_ _ -
Page 170 of 234
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!!• .•
-_ - - - - _ _-_ _- - - = _ =- -_ -- - _ _,
- - _ - _- =_, _ _ .. "2 - _ _- - - - - -
-- - - - -- - -- -- - -- - -- •
- - - - _ - _ - • _ - - - - _ -_ ■. •••2 e - -' -
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order. •
I : = - •- _ -•
- • _ _ _- '.' .'
Page 171 of 234
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. . ■
--
- e - -- - - _- ■.■ •■ —•'• - - - ' ' _• - - - - - -
the-srtteria.
. . . .. . . ... . . . . . . .
- - - - =- . : - - • _ - • - • - - •
and C.4.e.; and Propor#ionate Share Payment, if applicable, in
•
year-tie-period-
Page 172 of 234
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formula=
proportionate-share
service.
of-the-improvement,
permit-is-issued,
Page 173 of 234
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(c) The required public facilities are guaranteed in an
pied.
perms-issued,
er--building-pecmit is-issued
(c) The required public facilities are guaranteed in an
2.
pied-
permit
a-designated-AS1-
Page 174 of 234
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I II
•
iv. The necessary facilities and services are subject of a
C. Certificate of Public Facility Adequacy (COA) for Roadways.
1. Applicability. The issuance of a COA for roadways shall demonstrate proof of
adequate roadways to serve the development approved by the development
order.
2. Issuance of a COA for roadways.
a. A COA for roadways may be issued subsequent to estimated road impact
fee payment pursuant to LDC subsection 10.02.07 C.5 and only with the
approval of one of the following:
Page 175 of 234
Words sit:ttsk-throes are deleted,words underlined are added
A final subdivision plat and amendments thereof:
ii. A final approved site development plan or site improvement plan
and amendments thereof:
iii. A building permit or mobile home tie-down permit issued by the
County: or
iv. Pursuant to the terms of an enforceable development agreement
with Collier County pursuant to the provisions of F.S. § § 163.3220
-163.3242 or other agreement acceptable to the Board of County
Commissioners, in conjunction with the approval of a
development order and/or a certificate of public facility
adequacy.
3. Exceptions. Non-residential developments (i.e. commercial or industrial)
otherwise required to obtain approval of a site development plan prior to the
issuance of a building permit or applicants for a final subdivision plat may elect
to:
a. Comply with the applicable regulations of this section as to one or more of
the lot(s) of the final subdivision plat and obtain a COA specifically for
iust that lot or lots at a specified intensity of development: or
b. Delay submitting a Transportation Impact Statement (TIS) and obtaining a
COA for all of the proposed lots, or iust those remaining lots not then
already complying with this section, until a required site development
plan is applied for and the terms of this section are then complied with
including payment of estimated transportation impact fees. However, the
subject development is not allocated any available road system capacity
or considered eligible to be vested for transportation concurrence
purposes until approval of a TIS, payment of estimated Transportation
Impact Fees in accordance with this subsection, and issuance of a COA
in accordance with Chapters 3, 6, and 10 of the LDC.
4. One year Traffic Capacity Reservation.
a. At the time of TIS approval by the Engineering Services Director or
designee a 1 year Traffic Capacity Reservation shall be set aside and
allocated by the County Manager or designee for the proposed
development pending the approval of the final local development
orders identified in LDC subsection 10.02.07 C.2 a.
b. Following approval of a final local development order identified in LDC
section 10.02.07 C.2 a, the estimated roadway impact fees shall be paid
within 1 year of the TIS approval to secure the COA.
c. Failure to pay the estimated roadway impact fees following the approval
of a final local development order identified in LDC subsection 10.02.07
C.2 a within the 1 year of Traffic Capacity Reservation shall require the
applicant to re-apply for a COA.
Page 176 of 234
Words struck-threug#are deleted,words underlined are added
d. If a final local development order identified in LDC subsection 10.02.07
C.2 a is not approved within 1 year of the TIS approval date, the
applicant may petition the Board of County Commissioners to extend the
Traffic Capacity Reservation for 1 year.
5. Roadway Impact Fee Payment.
� I
a. Estimated Roadway Impact Fee. In order to obtain a COA the applicant
shall pay the estimated road impact fees in accordance with Code of
Laws and Ordinances Chapter 74-302(h) which identifies the amount and
the timing of roadway impact fee payments.
b. Final Payment of Roadway Impact Fee. Following the estimated roadway
impact fee payment, all remaining roadway impact fees shall be paid in
accordance with the Code of Laws and Ordinances section 74-302 (h)(1).
c. Roadway impact fees paid to obtain a COA are non-refundable after
payment and issuance.
D. Process for Certificate of Public Facility Adequacy for Roadways.
1. Process. The Administrative Code shall establish the procedures and submittal
requirements for obtaining a COA.
a. An application for a COA for roadways shall be submitted in conjunction
with a final local development order identified in LDC subsection
10.02.07 C.2 a.
b. Application fees for a COA shall be in an amount determined by the
Board of County Commissioners and shall accompany the application. An
application shall not be deemed complete until the application fees have
been paid.
2. Assignability and transferability.
a. An approved certificate of public facility adequacy shall run with the land
associated with the corresponding development approval. A certificate of
public facility adequacy shall be assignable within the corresponding land
of the approved development, and shall not be assignable or
transferable to other development, except as may otherwise be provided
for under an approved development agreement. This provision does not
preclude the re-allocation of capacity between lots or parcels comprising
the land that is the subject of the same consolidated application for
development approval so long as the original certificate is surrendered
along with a written request by the then current owner to re-allocate no
more than that certificate's previously approved capacity in a re-issued
certificate.
b. In the event that upon build-out of the development estimated
transportation impact fees are still unspent, the remaining balance of such
estimated fees may be transferred in accordance with Code of Laws and
Ordinances section 74-203 (b). The COA shall be modified to reflect the
built-out development.
3. Appeal of public facilities determination. Appeals shall be consistent with Code of
Laws and Ordinances section 250-58.
Page 177 of 234
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E. Issuance of a Certificate of Public Facility Adequacy (COA) for Non-Roadway public
facilities.
1. Non-Roadway Impact Fee Payment. Non-roadway impact fees shall be in
accordance with Code of Laws and Ordinances section 74-302.
2. Non-Roadway Impact Fee Process. A COA for all non-roadway "Category A"
capital improvements is deemed applied for concurrent with the building
application and shall be issued simultaneously with the issuance of the building
permit.
3. Appeal of public facilities determination. Appeals shall be consistent with Code of
Laws and Ordinances section 250-58.
F. Standards for review of application. The following standards shall be used in the
determination of whether to grant or deny a certificate of public facility adequacy if the
State of Florida adopts legislation to ban the collection of impact fees. Before issuance
of a certificate of public facility adequacy, the application shall fulfill the standards for the
following public facility components:
1. Potable water facilities.
a. The potable water component shall be granted if any of the
following conditions are met:
i. The required public facilities are in place at the time a final
site development plan, final subdivision plat or building
permit is issued.
ii. The required public facilities are under construction at the
time a final site development plan, final subdivision plat
or building permit is issued.
iii. The required public facilities are guaranteed in an
enforceable development agreement that includes the
provisions of the LDC section 10.02.07, above.
2. Sanitary sewer facilities and solid waste facilities.
a. The sanitary sewer component shall be granted if any of the
following conditions are met:
i. The required public facilities are in place at the time a final
site development plan, final subdivision plat or building
permit is issued.
ii. The required public facilities are under construction at the
time a final site development plan, final subdivision plat
or building permit is issued.
Page 178 of 234
Words stye through are deleted,words underlined are added
iii. The required public facilities are guaranteed in an
enforceable development agreement that includes the
provisions of sections i. and ii.
3. Drainage facilities. The drainage component shall be granted if the
proposed development has a drainage and water management plan that
has been approved by the Environmental Services Division that meets
the LOS for capital drainage facilities defined in LDC section 6.02.01 D.
4. Park and recreation facilities.
a. The parks and recreation component shall be granted if any of the
following conditions are met:
The required public facilities are in place at the time a final
site development plan, final subdivision plat or building
permit is issued.
ii. The required public facilities are under construction at the
time a final site development plan, final subdivision plat
or building permit is issued.
iii. The required public facilities are the subject of a binding
contract executed for the construction of those public
facilities, which provides for the commencement of actual
construction within 1 year of issuance of a final site
development plan, final subdivision plat or a building
permit.,
iv. The required public facilities are guaranteed in an
enforceable development agreement that includes the
provisions of sections i., ii., and iii. above.
5. Public school facilities. The determination of public facility adeauacv for
school facilities shall occur only after the School District has issued a
school capacity availability determination letter (SCADL) verifying that
capacity is available to serve the development. Public facility adeauacv
for school facilities shall be granted if any of the following conditions are
met.
a. The necessary facilities and services are in place at the time a
final site development plan or final subdivision plat is approved;
b. The necessary facilities and services are under construction or the
contract for such facilities and services has been awarded,
accepted, and duly executed by all parties, at the time a final site
development plan or final subdivision plat is approved;
c. The necessary facilities and services are found in the first, second
or third year of the School District of Collier County's Five-Year
Capital Improvement Plan; or
Page 179 of 234
Words struck three h are deleted,words underlined are added
d. The necessary facilities and services are subiect of a
development agreement to contribute proportionate share
funding as provided for in Policy 2.4 in the Public School Facilities
Element of the Growth Management Plan or to construct the
needed facilities.
* * * * * * * * * * * * *
SUBSECTION 3.PP. AMENDMENTS TO 10.02.08 SUBMITTAL REQUIREMENTS
FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC
Section 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.08 Submittal-Requirements for Amendments to the Official Zoning Atlas and-LDC40
A. Purpose and intent. The official zoning atlas may, from time to
time, be amended, supplemented, changed or repealed. Procedures shall be as follows:
B. Amendment of the zoning atlas. A zoning atlas
amendment may be proposed by:
1. Board of county commissioners.
2. Planning commission.
3. Board of zoning appeals.
4. Any other department or agency of the county.
5. Any person other than those listed in 1-4 above; provided, however, that no
person shall propose an amendment for the rezoning of property (except as
agent or attorney for an owner) which he does not own. The name of the owner
shall appear in each application.
C. All proposals for zoning amendments shall be considered first by the Planning
Commission in the manner herein-set-eut-provided in this section.
D. All proposals for zoning amendments shall be submitted as established in the
Administrative Code and in-writing to the = • -= = = =-.2 - =-
accompanied by all pertinent information required by the LDC de and
which may be required by the Planning Commission for proper consideration of the
matter, along with payment of such fees and charges as have been established by the
b0 Language added in 10.02.08 D-O was relocated and reorganized from 10.03.05 H-T.
180 of 234
Words Hugh are deleted,words underlined are added
Board of County Commissioners. No application for zoning amendment shall be heard
by the Planning Commission until such fees and charges have been paid.
1. Rezoning application processing time. An application for a rezoning, amendment
or change will be considered "open" when the determination of "sufficiency" has
been made and the application is assigned a petition processing number. An
application for a rezoning, amendment or change will be considered "closed"
when the applicant withdraws the subiect application through written notice or
ceases to supply necessary information to continue processing or otherwise
actively pursue the rezoning, amendment or change, for a period of 6 months. An
application deemed "closed" will not receive further processing and shall be
withdrawn. An application "closed" through inactivity shall be deemed withdrawn.
The County Manager or designee will notify the applicant of closure, however,
failure to notify by the county shall not eliminate the "closed" status of a petition.
An application deemed "closed" may be re-opened by submission of a new
application, repayment of all application fees and the grant of a determination of
"sufficiency". Further review of the request will be subiect to the then current
code.
E. Planning Commission hearing and report to the Board of County Commissioners.
1. Time limits. Unless a longer time is mutually agreed upon by the Planning
Commissioners, the Planning Commission shall file its recommendations with the
Board of County Commissioners within 45 days after the public hearing before
the Planning Commission has been closed.
2. Presentation of evidence. The staff report on the application for rezoning shall be
presented prior to the close of the public hearing on the application. The
applicant shall be afforded the opportunity, prior to the close of the public
hearing, to respond to any contentions presented by any testimony or other
evidence presented during the public hearing, and to respond to the staff report,
after receipt of which the hearing shall be concluded, unless the hearing is
continued and the matter referred back to staff for further consideration of such
matters as the Planning Commission may direct.
F. Nature of requirements of Planning Commission report. When pertaining to the rezoning
of land, the report and recommendations of the Planning Commission to the Board of
County Commissioners required in LDC section 10.02.08 E shall show that the Planning
Commission has studied and considered the proposed change in relation to the following
findings, when applicable:
1. Whether the proposed change will be consistent with the goals, obiectives, and
policies and future land use map and the elements of the Growth Management
Plan.
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2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adiacent and nearby,
districts.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the county.
15. Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County.
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill, as amended.
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18. Such other factors, standards, or criteria that the Board of County
Commissioners shall deem important in the protection of the public health,
safety, and welfare.
G. Adequate public facilities. The applicant may provide all required existing community
and public facilities and services for the requested rezone needs in any one of the
following manners:
1. Petition for a rezone at such time as all required adequate existing community
and public facilities and services have been provided at public expense
according to the capital improvement program; or
2. Petition for a rezone at such time as all required existing community and public
facilities and services have been provided at the private expense of the
applicant; or
3. Post a surety in lieu of completed improvements to guarantee that all of the
required community and public facilities and services will be provided; or
4. Facilities for parks and schools through land dedication or fee in lieu of such
dedication; or
5. Other method acceptable to Board of County Commissioners.
H. Other proposed amendments. When pertaining to other proposed amendments of these
zoning regulations, the Planning Commission shall consider and study:
1. The need and iustification for the change;
2. The relationship of the proposed amendment to the purposes and obiectives of
the county's growth management plan, with appropriate consideration as to
whether the proposed change will further the purposes of these zoning
regulations and other County codes, regulations, and actions designed to
implement the Growth Management Plan.
Restrictions, stipulations and safeguards. The Planning Commission may recommend
that a petition to amend, supplement or establish a zoning district be approved subiect to
stipulations, including, but not limited to limiting the use of the property to certain uses
provided for in the requested zoning district. The governing body, after receiving the
recommendation from the Planning Commission on a request to amend, supplement or
establish a zoning district, may grant or deny such amendment or supplement and may,
make the granting conditional upon such restrictions, stipulations and safeguards as it
may deem necessary to ensure compliance with the intent and purposes of the Growth
Management Plan.
1. Restrictions, stipulations and safeguards attached to an amendment,
supplement, or establishment of a zoning district may include, but are not limited
to those necessary to protect adiacent or nearby landowners from any
deleterious effects from the full impact of any permitted uses, limitations more
restrictive than those generally applying to the district regarding density, height.
connection to central water and sewer systems and stipulations requiring that
development take place in accordance with a specific site plan. The maximum
density permissible or permitted in a zoning district within the urban designated
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area shall not exceed the density permissible under the density rating system.
The Board of County Commissioners shall be required to condition and limit the
density of a zoning district to a density not to exceed the maximum density
permissible under the density rating system. The governing body may also
stipulate that the development take place within a given period of time after
which time public hearings will be initiated and the district returned to the original
designation or such other district as determined appropriate by the governing
body in accordance with the Growth Management Plan and LDC sections
10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards
attached to an amendment or rezoning including those identified in LDC section
10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by
the county to be appropriate and informative to the public. In cases where
stipulations, restrictions or safeguards are attached, all representations of the
owner or his agents at public hearings shall be deemed contractual and may be
enforced by suit for injunction or other appropriate relief. All conditions,
restrictions, stipulations and safeguards which are a condition to the granting of
the change in zoning district shall be deemed contractual and may be enforced
by suit for iniunction or other appropriate relief. All costs, including reasonable
attorney's fees shall be awarded to the governmental unit if it prevails in such
suit.
2. Dedication of public facilities and development of prescribed amenities.
a. Public facility dedication. The Board of County Commissioners may, as a
condition of approval and adoption of the rezoning required that suitable
areas for streets, public rights-of-way, schools, parks, and other public
facilities be set aside, improved, and/or dedicated for public use. Where
impact fees are levied for 1 or more such public facilities, the market
value of the land set aside for the public purpose shall be credited
towards impact fees to the extent authorized by the County's
Consolidated Impact Fee Ordinance. Said credit shall be based on a
negotiated amount not greater than the market value of the set aside land
prior to the rezoning action, as determined by an accredited appraiser
from a list approved by Collier County. Said appraisal shall be submitted
to the County Attorney's office and the real property office within 90 days
of the date of approval of the rezone, or as otherwise extended in writing
by Collier County, so as to establish the amount of any impact fee credits
resulting from said dedication. Failure to provide said appraisal within this
90-day time frame shall automatically authorize the county to determine
the market value of the property. Impact fee credits shall only be effective
after recordation of the conveyance document conveying the dedicated
property to Collier County. Where the term Collier County is used in this
section, it shall be construed to include the Collier County Water and
Sewer District or other agency or dependant district of Collier County
Government.
b. Land set aside and/or to be improved as committed as part of the
rezoning approval shall be deeded or dedicated to Collier County within
90 days of receipt of notification by the county that the property is needed
for certain pending public improvements or as otherwise approved by the
Board of County Commissioners during the rezoning approval process. In
any case, however, the county shall take title to the set aside property, at
the latest, by a date certain established during, and condition on, the
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approval of the rezoning action. At no cost to the county, the land set
aside and/or to be improved shall be made free and clear of all liens,
encumbrances and improvements, at the applicant's sole expense,
except as otherwise approved by the board. Failure to deed the land or
complete the dedication within the 90 daK appropriate time frame noted
above may result in a recommendation to the board of for consideration
of rezoning the subiect parcel from its current zoning district to an
appropriate zoning district and may in a violation of this LDC pursuant to
LDC section 8.08.00.
c. Should the dedication of land also include agreed upon improvements,
said improvements shall be completed and accepted by Board of County
Commissioners at the development phase which has infrastructure
improvements available to the parcel of land upon which said
improvements are to be made, or at a specified time provided for within
the ordinance approving the rezone.
J. Status of Planning Commission report and recommendations. The report and
recommendations of the Planning Commission required by LDC section 10.02.08 E shall
be advisory only and not be binding upon the Board of County Commissioners.
K. Board of County Commissioner's action on the Planning Commission report.
1. Upon receipt of the Planning Commission's report and recommendations, the
Board of County Commissioners shall hold a second public hearing with notice to
be given pursuant to the provisions of general law. The reports and
recommendations of the staff and the Planning Commission on the application
shall be presented prior to the close of the public hearing on the application. The
applicant shall have the right, prior to the close of the public hearing, to respond
to any contentions presented by any testimony or other evidence presented
during the public hearing.
2. In the case of all proposed changes or amendments, such changes or
amendments shall not be adopted except by the affirmative vote of 4 members of
the Board of County Commissioners.
L. Failure of Board of County Commissioners to act. If a Planning Commission
recommendation is not legislatively decided within 90 days of the date of closing of the
public hearing by the Board of County Commissioners, the application upon which the
report and recommendation is based shall be deemed to have been denied, provided
that Board of County Commissioners may refer the application to the Planning
Commission for further study.
M. Limitations on the rezoning of property.
1. No change in the zoning classification of property shall be considered which,
involves less than 40,000 square feet of area and 200 feet of street frontage
except: where the proposal for rezoning of property involves an extension of an
existing or similar adjacent district boundary: within the broader land use
classification of"C" districts, "RSF" districts, "RMF"districts, wherein such rezone
is compatible with, or provides appropriate transition from, adjacent districts of
higher density or intensity. However, the requirement of 200 feet of street
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Words struck through are deleted,words underlined are added
* * * * * * * * * * * * *
SUBSECTION 3.QQ. AMENDMENTS TO 10.02.09 SUBMITTAL REQUIREMENTS
FOR TEXT AMENDMENTS TO THE LDC
Section 10.02.09 Submittal Requirements for Text Amendments to the LDC, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.09 Submittal Requirements for Text Amendments to the LDC
A. Text Amendments to the LDC.
1. Amendments to the LDC may be made no more than twice during the calendar
year as scheduled by the County Manager, except if the Collier County Board of
County Commissioners, by at least a super-maiority vote, directs that additional
amendments be made for specific purposes.
2. The LDC may only be amended in such a way as to preserve the consistency of
the LDC with the Growth Management Plan.
3. The Administrative Code shall establish the submittal requirements for LDC
amendments.
* * * * * * * * * * * * *
SUBSECTION 3.RR. AMENDMENTS TO 10.02.13 PLANNED UNIT DEVELOPMENT
(PUD) PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.13 Planned Unit Development(PUD) Procedures
A. Generally. • - -- - - - -- ' - - - - - -- - ' -- - - - - - . Applications for
amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of
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development along with a list of permitted and accessory uses and a development
standards table. The PUD application shall also include a list of developer commitments
and any proposed deviations from the LDC . The PUD master
plan shall have been designed by an urban planner who possesses the education and
experience to qualify for full membership in the American Institute of Certified Planners;
and/or a landscape architect who possesses the education and experience to qualify for
full membership in the American Society of Landscape Architects, together with either a
practicing civil engineer licensed by the State of Florida, or a practicing architect licensed
by the State of Florida„ - - = -- - •- =:, - - •• - • - -, - _ - - -
elements
1.41 PUD master plan. = - ■ _ - _ - - - - _ _ _ _ _ - _ - -
- - -- • - - - _ _ - _ _ - - _ - - _- : The Community Character Plan
For Collier County, Florida (April 2001) should be referenced as a guide for
development and redevelopment in the PUD district.-The Administrative Code
shall establish the information to graphically illustrate the development strategy.
b. Scale, date, north arrow;
- - -- - - - -- - -- - - -- - - - -
- - - _ _ _ - _ • - - _ -
•
•
ai Language stricken in 10.02.13 A.1 is being relocated to the Administrative Code for Land Development,referenced as Exhibit
B in Code of Laws Section 2-13.
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I .
i. The location of proposed and existing roads, rights of way, and
- -- .•
2. 42 PUD application. The applicant shall submit data supporting and describing the
petition for rezoning to PUD " that includes a
development standards table, developer commitments and a list of deviations
from the LDC. Dimensional standards shall be based upon an established zoning
district that most closely resembles the development strategy, particularly the
type, density and intensity, of each proposed land use.
_ _ : = •: - : -_ . -- e• - _ _ . The PUD application shall
include the information identified in the Administrative Code
unless determined by the Planning and Zoning Ddirector to be unnecessary to
describe the development strategy,;
a. Name of project;
adoption;
plan;
unified-ewReFshiP);
.
- - - - -- - - - - - - - - - - - •-
•
- - - - - -- - - - - - - - - -- - •-
•
42 Language stricken in 10.02.13 A.2 is being relocated to the Administrative Code for Land Development,referenced as Exhibit
B in Code of Laws Section 2-13.
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• ■
•
• ..
2. • ■.
q. Traffic impact analysis;
•
of adoption.
3. Deviations from master plan elements. The Zoning and Land Development
Review Department Director may exempt a petition from certain required
elements for the PUD master plan identified
in the Administrative Code when the petition contains conditions; which
demonstrate that the element may be waived and will not have without a
detrimental effect on the health, safety and welfare of the community. All
exemptions shall be noted within the PUD submittal and provided to the Board of
County Commissioners.
4. Submittal of School Impact Analysis (SIA) application for residential projects.
The applicant shall submit a completed SIA application for the School District's
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review for a determination of school capacity. Refer to LDC section 10.04.09 for
SIA requirements.
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in
accordance with LDC section 10.02.0842 shall be submitted and processed as for a
rezoning amendment generally pursuant to LDC section 10.02.0842 and in accordance
with the following special procedures:
1. Pre application meeting. conference. Prior to the submission of a formal
application for rezoning to PUD, the applicant shall confer with the Planning and
Zoning Department Director and other County
staff, agencies, and officials involved in the review and processing of such
applications and related materials. The applicant is further encouraged to submit
a tentative land use sketch plan for review at the pre-application meeting
senferrence, and to obtain information on any projected plans or programs
relative to possible applicable Federal or State requirements or other matters that
may affect the proposed PUD. This The pre:application meeting conference
should address, but is not be limited to, the following :
* * * * * * * * * * *
c. Conformity of the proposed PUD with the goals, objectives, policies, and
the Future Land Use Element of the Ggrowth Mmanagement Pplan.
* * * * * * * * * * *
2. Prehearing conference. Prehearing conferences may be held between the
applicant and/or his representatives and officials or representatives of the
county prior to advertisement of the hearing date. The purpose of sash the
prehearing conferences shall be to assist in bringing the application for rezoning
to PUD as close to conformity with the intent of the LDC
these or other applicable regulations, and/or to define specifically any justifiable
variations from the application of such regulations.
3. Staff review and recommendation. Based upon evaluation of the factors set forth
above, the County staff shall prepare a report containing their review findings;
and a recommendation of approval or denial.
4. Hearing before the Planning Commission. Public notice shall be given and a
public hearing held before the Planning Commission on the application for
rezoning to PUD. Both the notice and the hearing shall identify the application, by
name and application number, proposed PUD master plan of development, and
required statements as they may have been amended as a result of the
prehearing conference conducted pursuant to LDC section 10.02.12 10.02.13
B.2.
5. Planning sCommission hearing and recommendation. The Planning Commission
shall make written findings at an advertised public hearing as required in LDC
section 10.02.08 and as otherwise required in this section and shall recommend
to the Board of County Commissioners either approval of the PUD rezoning as
proposed; approval with conditions or modifications; or denial. In support of its
recommendation, the Planning Commission shall make findings as to the PUD
master plan's compliance with the following criteria in addition to the findings in
LDC section 10.02.08.
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• * • * • • * * * *
c. Conformity of the proposed PUD with the goals, objectives, policies, and
the Future Land Use Element of the Ggrowth Mcnanagement Pplan.
* * * * * * * * * * *
6. Action by Board of County Commissioners. Unless the application is withdrawn
by the applicant or deemed "closed" pursuant to LDC section 2.03.06 o€-this
Cede, the Board of County Commissioners shall, upon receipt of the Planning
Commission's recommendation, advertise and hold a public hearing on the
application. The notice and hearing shall be on the PUD rezone application, PUD
master plan of development and PUD ordinance, as recommended by the
Planning Commission to the Board of County Commissioners. The Board of
County Commissioners shall either grant approve the proposed rezoning to PUD;
approve with conditions or modifications; or deny the application for PUD
rezoning.
C. Effect of planned unit development zoning. If approved by the County Board of County
Commissioners, the PUD master plan for development, the PUD ordinance and all
other information and materials formally submitted with the petition shall be considered
and adopted as an amendment to the LDC de and shall become the
standards for development for the subject PUD. Thenceforth,-tThe development in the
area delineated as the PUD district on the official zoning atlas shall proceed only in
accordance with the adopted development regulations and the PUD master plan for
said PUD district, except that approval and adoption of a PUD ordinance or PUD master
plan does not aet-te authorize or vest the location, design, capacity, or routing of traffic
for any access point depicted on, or described in, such ordinance or plan. Before
development of any type may proceed, all agreements, conditions of approval, and
contracts required, but not approved at the time of amending action, shall be approved
by appropriate officers or agencies of the County. Issuance of a final development
order within any tract or increment within the PUD shall first require compliance with all
sections of the Collier County subdivision regulations (Chapter 10 of the LDC) and/or the
site development plan regulations (LDC section 10.02.03) as appropriate.
D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or
"sunsetting" shall be the term used to describe a PUD which has, through a
determination made by the Planning and Zoninges-Department Director, not met
the time frames and development criteria outlined in this section of the LDC, Cede as
applicable. For all PUDs, the owner entity shall submit to the Planning and Zoning
Services Department Director a status report on the progress of development annually
from the date of the PUD approval by the Board of County Commissioners.
1. Criteria for sunsetting. The purpose of the report will be to evaluate whether or
not the project has commenced in earnest in accordance with the following
criteria:
4-a. For residential portions of PUDs, physical development of infrastructure
improvements, including access roads, internal roads, sewer and water
utilities and any other related infrastructure, that supports a minimum of
15 percent of the designated residential area or areas of the PUD shall be
initiated by the fifth anniversary date of the PUD approval. An additional
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15 percent of such infrastructure shall be completed every year thereafter
until PUD buildout; and
2-b. For the nonresidential portions of PUDs and commercial and industrial
PUDs, physical development of a minimum of 15 percent of authorized
floor area when approved on the basis of a defined amount of floor
space shall be initiated by the fifth anniversary date of the PUD approval.
In the event that the floor area is not the defining intensity measure, then
25 percent of the land area to include some representative portion of the
building space shall be constructed by the fifth anniversary date of the
PUD approval. The same amount of development shall be required
every year thereafter up to an amount representing 75 percent of
authorized buildable area and floor area. Thereafter the PUD shall be
exempt from these sunset provisions.
3-c. For mixed use tracts or structures, physical development of
infrastructure improvements, including access roads, internal roads,
sewer and water utilities and any other related infrastructure that supports
a minimum of 15 percent of the designated mixed use tract or structure
shall be initiated by the fifth anniversary date of the PUD approval.
Physical development of a minimum of 15 percent of approved mixed
use floor area, and 15 percent of the approved residential units, shall be
initiated by the fifth anniversary date of the PUD approval. Components of
mixed use planned unit developments (MPUDs) that are non-residential
_ _ _ _ _ __ _' •• - - _ •_ __ must comply with LDC
subsections 10.02.13 D.1_b. 2.a. through b.
4-d. If in the event of a moratorium, or other action of government that
prevents the approval of any final development order, the duration of the
suspension of the approval shall not be counted towards the 5 year
sunset period.
6-e. Infrastructure improvements as required above shall be located on site
and shall constitute infrastructure that makes possible vertical
construction consistent with the permitted land uses. Acceleration lanes,
entry road access and the like do not count towards meeting the required
levels of infrastructure improvements as required above.
6-2. PUD sunsetting. Prior to or any time after the Planning and Zoning Services
Department Director determines that a PUD has sunsetted, then the property
owner shall initiate one of the following:
a. Request a PUD extension;
b. Request a PUD amendment-; or
c. Request a rezone.
-3. Board of County Commissioners action on PUDs which have sunsetted. Upon
review and consideration of the appropriate application, or the status report
provided by the property owner and any supplemental information that may be
provided, the Board of County Commissioners shall elect one of the following:
* * * * * * * * * * *
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8-4. PUD time limit extensions. Extensions of the time limits for a PUD may be
approved by the Board of County Commissioners. The Administrative Code shall
establish the submittal requirements for a PUD extension request. An approved
PUD may be extended as follows:
a. Maximum extension: There may be one PUD extension granted for a
maximum of 2 twe years from the date of original sunset.
b. Approval of an extension shall be based on the following:
•
* * * * * * * * * *
the county;and
d-c. No more than one extension may be granted for any development
original approval date.
e-d. Any PUD developer who has not commenced development pursuant to
the sunsetting provisions set forth in this section of the LDC6ede within
10ten years of the original PUD approval date shall submit a new
rezoning application.
OZ. Retention of existing PUD status.
a. Once a PUD has sunsetted the land shall retain its existing PUD zoning
status, however applications for additional development orders shall not
be processed until 1 ene of the following occurs:
a. The Board of County Commissioners approves a request
for extension of PUD zoning status.
ii. b. The Board of County Commissioners approves an
amendment to the existing PUD.
b. Should the Planning and Zoning Servises Department Director determine
that development has commenced in earnest, then the land shall retain
its existing PUD approval and shall not be subject to additional review
and consideration of new development standards or use modification
pursuant to the provisions for time limits for approved PUDs.
c. In the case of developments of regional impact, PUD time limit
restrictions shall be superseded by the phasing plan and/or time limits
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contained within the application for development approval and approved
as part of a development order in conformance with F.S. § 380.06.
4-0-6. Exemptions from sunsetting. Any educational plants or facilities or public service
facilities including police, fire and EMS facilities that were identified in an
approved PUD zoning district or PUD master plan and which are consistent with
the approved development regulations shall retain development rights,
although a planned unit development may have sunsetted, as provided for this
section. A development order for such facilities shall be issued in accordance
with a site development plan approval, without the requirement to amend or
extend the original planned unit development.
1 -7. PUD buildout. For PUDs approved on or after January 3, 2007 the land owner
shall:
* * * * * * * * * * *
b. For all PUDs the build out year as submitted and approved with the
application's Traffic Impact Statement (TIS) shall serve as the reference
year for the approved density and intensity. On the build out year as
defined on the approved TIS submitted with the application and on the
anniversary date of the adopted PUD any remaining density and intensity
shall be considered expired if all of the lands within the PUD boundary
have received approval through site development plans or plats and
received a certificate of public adequacy (COA). For non-residential
portions of a PUD, section (a) above allows for twe 2 additional years to
amend the site development plan(s) in order to apply for development
orders for any remaining intensity within non-residential sections of the
PUD.
8. Local Economic Emergency Ordinance.
a. Short title and recitals. This Ordinance shall be known as the Collier
County Local Economic Emergency Ordinance, and the above findings
and recitals are hereby adopted by reference into this Ordinance.
b. Declaration of Local Economic Emergency. The Collies Board of
County Commissioners, convened in regular session, hereby declares
and ordains that a local economic emergency exists within Collier County,
Florida, requiring immediate measures to address the emergency before
irreversible harm is done to the economic well being of the citizens of the
County. This Ordinance is adopted after public hearing pursuant to, and
in accordance with, F.S. § 125.66(2).
c. Tolling of Land Development Code Section 10.02.13.D. LDC sSection
10.02.13.D of the Collier County Land Development Code provides for
Planned Unit Development time limit and time limit extension
requirements. These time limit and time limit extension requirements are
hereby tolled to May 12, 2014 for Planned Unit Developments which
have not sunsetted prior to the effective date of this Ordinance [2009-22].
Prior to May 12, 2014, the Board of County Commissioners will determine
if the declaration of Local Economic Emergency should be ended.
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E. Changes and amendments. There are three types of changes to a PUD master plan:
Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD
document shall require the same procedure as for amending the official zoning atlas,
except for the removal of a commitment for payment towards affordable housing which
is considered to be a minor change as described in LDC Ssection 10.02.13 E.3.c.
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance
shall require the review and recommendation of the Planning Commission and
approval by the Board of County Commissioners as a PUD amendment prior to
implementation. Applicants shall be required to submit and process a new
application complete with pertinent supporting data, as set forth in the
Administrative Code. For the purpose of this section,
a substantial change shall include any of the following:
where:
a. There-is-a A proposed change in the boundary of the PUD; Of
b. There-is-a-A proposed increase in the total number of dwelling units or
intensity of land use or height of buildings within the development;
c. There is 3 A proposed decrease in preservation, conservation, recreation
or open space areas within the development not to exceed 5 percent of
the total acreage previously designated as such, or 5 acres in area;
d. There is a A proposed increase in the size of areas used for
nonresidential uses, to include institutional, commercial and industrial
land uses (excluding preservation, conservation or open spaces), or a
proposed relocation of nonresidential land uses;
e. There is a A substantial increase in the impacts of the development
which may include, but are not limited to, increases in traffic generation;
changes in traffic circulation; or impacts on other public facilities;
f. The A change that will result in land use activities that generate a higher
level of vehicular traffic based upon the Trip Generation Manual published
by the Institute of Transportation Engineers;
g. The change that will result in a requirement for increased stormwater
retention, or will otherwise increase stormwater discharges;
h. The-A The-A change that will bring about a relationship to an abutting land use
that would be incompatible with an adjacent land use;
Any modification to the PUD master plan or PUD document or
amendment to a PUD ordinance which is inconsistent with the Future
Liand Uuse Eelement or other element of the Ggrowth Mn}anagement
Pplan or which modification would increase the density or intensity of the
permitted land uses;
j. The proposed change is to a PUD district designated as a development
of regional impact (DRI) and approved pursuant to F.S. § 380.06, where
such change requires a determination and public hearing by Collier
County pursuant to F.S. § 380.06(19). Any change that meets the
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criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master
plan that clearly do not create a substantial deviation shall be reviewed
and approved by Collier County under this LDC section 10.02.13-of-this
Cede; or
k. Any modification in the PUD master plan or PUD document or
amendment to a PUD ordinance which impact(s) any consideration
deemed to be a substantial modification as described under this LDC
section 10.02.13.
2. Insubstantial change determination. An insubstantial change includes any
change that is not considered a substantial or minor change. An insubstantial
change(s)-to an approved PUD Ordinance shall be based upon an evaluation of
LDC subsection 10.02.13 E.1 and shall require the review and approval of the
Planning Commission. The Planning Commission approval shall be based on the
findings and criteria used for the original applications and be as an action taken
at a regularly scheduled meeting.
a. The applicant shall provide the Planning and Zoning Services
Department Director documentation which adequately describes the
proposed changes as described in the Administrative Code. aloes-with
- - - - - - - - - - -- - - - - - - •. •- _ _ - - - - _
3. Minor changes. The following are considered minor changes, and may
be approved by the County Manager or designee under the procedures
established in the Administrative Code. ' .
* * * * * * * * * * *
Minor changes of the type described above shall nevertheless be
reviewed by appropriate staff to ensure that said changes are otherwise
in compliance with all county ordinances and regulations prior to the
Planning and Zoning Services Department Director's consideration for
approval.
c. Affordable housing commitments. Beginning October 3, 2012 the County
Manager or designee shall be authorized to make minor text changes to
remove affordable housing commitments to pay an affordable housing
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contribution in PUDs, Development Agreements, and Settlement
Agreements if the following conditions are met:
i. The applicant notices property owners in writing in accordance
with LDC section 10.03.06 T.
ii. If no written objection is received, the request to remove
commitments is deemed approved.
iii. If a property owner who receives notice submits a written
objection within 30 days of mailing of the notice, the matter shall
be scheduled for public hearing before the Board of County
Commissioners. Public notice shall comply with LDC sections
10.03.05 and 10.03.06. .
F. PUD Monitoring Report In order to ensure and verify that approved project
densities or intensities of land use will not be exceeded and that development
commitments will be fulfilled and are consistent with the development's approved
transportation impact study, annual monitoring reports must be submitted by the
owner(s) of a PUD to the County Manager or designee.
The report shall be submitted annually, on or before the
anniversary date of approval by the Board until the PUD is completely
constructed and all commitments in the PUD document/master plan are met
(built out).
a. A tract or parcel of a PUD that has completed construction within that
tract may be considered built-out and is not responsible for annual
monitoring reports, as long as all PUD commitments within that tract are
complete. This built-out status does not exempt the tract owner(s) from
commitments applicable to the entire PUD.
2. The Administrative Code shall establish the submittal requirements for a PUD
Annual Monitoring Report. _ - - - _ -- - - - .t = _ - - •-t
infeFmatien
a. Name of project.
d. Up to date PIED -master plan showing infrastructure,
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•
- - - - ' ' - - • - • - _ - - ',
designee,
3. Monitoring reports must be submitted in affidavit form approved by Collier County
to be executed by the owner(s) of the PUD.
4. County will be given at least 6 month's prior written notice to a change in
ownership, to a community association, including but not limited to transfer of all
or part of the development to a Home Owners Association, Property Owners
Association, Master Association, or similar entity. Change in ownership of
portions of a PUD development shall not absolve the original owner of the
requirement to file an annual monitoring report. Transferring responsibility for
filing the annual monitoring report to an entity other than the original owner may
be demonstrated in the form of an executed agreement between the original
owner and the new entity which when filed with the Planning and Zoning
Services Department Director shall automatically transfer responsibility for filing
that annual monitoring report.
5. A release of a PUD commitment determined to be no longer necessary shall be
brought as an agenda item to the Board of County Commissioners for their
approval.
6. The PUD owner(s) "the Developer, Home Owners Association, Master
Association or similar entity" may petition the Board of County Commissioners to
relinquish the development riqhts to any un-built units and declare themselves
"built-out" in order to satisfy all reporting requirements. The applicant shall be
responsible for any documentation required to verify the status of the PUD when
requesting a waiver or a determination of"built-out" status.
6-7. Traffic Count Monitoring requirements. A onetime payment for permanent traffic
count stations shall be due at the time of the first PUD Annual Monitoring Report
following the first certificate of occupancy within the PUD. The payment shall be
based upon the number of ingress and/or egress points (Access Points) based
upon the conceptual Master Plan within the PUD Ordinance. Each Access Point
shall require a payment of $500.00. If additional Access Points are granted at
any time, an additional payment of $500 per Access Point will be payable with
the following PUD Annual Monitoring Report. The Traffic Count monitoring
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requirement shall be considered fulfilled for all PUDs that have already provided
at least one traffic count or payment in lieu of traffic counts. PUDs that have
traffic count monitoring language tied to specific commitments within their
ordinances shall remain in effect.
G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00_
* * * * * * * * * * * * *
J. Planned unit development districts application processing. An application for a planned
development rezoning, amendment or change will be considered "open" when the
determination of "sufficiency" has been made and the application is assigned a petition
processing number. An application for a planned development rezoning, amendment or
change will be considered "closed"when the petitioner withdraws the subject application
through written notice or ceases to supply necessary information to continue processing
or otherwise actively pursue the rezoning, for a period of 6 months. An application
deemed "closed" will not receive further processing and an application "closed" through
inactivity shall be deemed withdrawn. The County Manager or his designee will notify
applicant of closure, however, failure to notify by the County shall not eliminate the
"closed" status of a petition. An application deemed "closed" may be re-opened by
submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the project will be subject to the then
current LDC grade.
K. Dedication of the public facilities and development of prescribed amenities.
1. The Board of County Commissioners may, as a condition of approval and
adoption of a PUD rezoning and in accordance with the approved master plan of
development, require that suitable areas for streets, public rights-of-way,
schools, parks, and other public facilities be set aside, improved, and/or
dedicated for public use. Where impact fees are levied for 1 or more required
public facilities, the market value of the land set aside for the public purpose may
be credited towards such impact fees to the extent authorized by the County's
Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated
amount no greater than the market value of the set aside land prior to the
rezoning action, as determined by an accredited appraiser from a list approved
by Collier County. Said appraisal shall be submitted to the County Attorney's
Office and the real property office within 90 days of the date of approval of the
rezone, or as otherwise extended in writing by the County Manager or his
designee, so as to establish the amount of any impact fee credits resulting from
said dedication. Failure to provide said appraisal within this time frame shall
automatically authorize the county to determine the market value of the set aside
property. Impact fee credits shall only be effective after recordation of the
document conveying the dedicated property to Collier County. Where the term
Collier County is used in this section, it shall be construed to include the Collier
County Water and Sewer District or other agency or dependent district of Collier
County Government.
2. Land set aside and/or to be improved as committed in the PUD document, or
master plan, as the case may be, shall be deeded or dedicated to Collier County
within 90 days of receipt of notification by the county that the property is needed
for certain pending public improvements or as otherwise approved by the Board
of County Commissioners during the PUD rezoning approval process. In any
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case, however, the county shall take title to the set aside property, at the latest,
by a date certain established during, and conditioned on, the approval of the
PUD zoning. At no cost to the County, the land set aside and/or to be improved
shall be made free and clear of all liens, encumbrances and improvements,
except as otherwise approved by the Board. Failure to convey the deed or
complete the dedication within the appropriate time frame noted above may
result in a recommendation to the Board for consideration of rezoning the subject
parcel from its current PUD zoning district to an appropriate zoning district and
may result in a violation of the LDC this--Cede pursuant to LDC subsection
8.08.00 B.
3. Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure
improvements available to the parcel of land upon which said improvements are
to be made, or at a specified time provided for within the PUD document.
L. Common open space or common facilities. Any common open space or common
facilities established by an adopted master plan of development for a PUD district shall
be subject to the following:
* * * * * * * * * * * *
2. In the event that the organization established to own and maintain common
open space or common facilities, or any successor organization, shall at any
time after the establishment of the PUD fail to meet conditions in accordance with
the adopted PUD master plan of development, the Planning and Zoning
Director may serve written notice upon such organization
and/or the owners or residents of the planned unit development and hold a
public hearing. If deficiencies of maintenance are not corrected within 30 days
after such notice and hearing, the Planning and Zoning
Director shall call upon any public or private agency to maintain the common
open space for a period of 1 year. When the Planning and Zoning development
services dDirector determines that the subject organization is not prepared or
able to maintain the common open space or common facilities, such public or
private agency shall continue maintenance for yearly periods.
* * * * * * * * * * * * *
SUBSECTION 3.SS. AMENDMENTS TO 10.02.15 MIXED USE PROJECT
PROCEDURES WITHIN THE BAYSHORE GATEWAY
TRIANGLE REDEVELOPMENT AREA
Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle
Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
10.02.15 Requirements for Mixed Use Projects Procedures-within the Bayshore Gateway
Triangle Redevelopment Area
A. Mixed Use Project Approval Types.
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* * * * * * * * * * * * *
1. Administrative Approval:
a. MUPs may be approved administratively provided they meet the following
conditions:
* * * * * * * * * * *
iii. The MUP does not seek additional density through the Bonus
Density Pool provisions of LDC section 10.02.15 C.
b. The Administrative Code shall establish the submittal requirements for
MUP administrative approval. The application
shall follow the applicable submittal requirements and procedures for site
development plan submittal and review.
2. MUPs Requiring Public Hearing:
* * * * * * * * * * * *
b. The Administrative Code shall establish the submittal requirements for
MUP requiring a public hearing for approval.
The application shall follow the applicable submittal requirements and
procedures set forth in LDC section 10.08.00, for conditional use
submittal and review. _ - _ _ •_- - __ - --_ __ •__ _ _
In addition to the conditional use
findings as set forth in LDC section 10.08.00 D., the following shall be
considered:
* * * * * * • * * * * A
c. There shall be a public hearing before the BZA legally noticed and
advertised pursuant to LDC section 10.03.06054.
* A * A * * * * * * * * *
e. MUP approval shall expire and any residential density bonus units shall
be null and void and returned to the bonus density pool if any of the
following occur:
i. The SDP is not submitted and deemed sufficient for review within
one year and approved within two years of MUP approval.
ii. The SDP under review is deemed withdrawn and cancelled,
pursuant to LDC section 10.02.03.B.4.a.
iii. The SDP is considered no longer valid, pursuant to LDC section
10.02.03.B.4.b. and c.
f. An approved MUP may be amended subject to the same procedures
provided in this section.
B. MUP Deviations.
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* * * * * * * * * * * *
2. List of Development Standards Eligible for Administrative Deviation Requests.
MUPs shall be eligible to seek an administrative deviation from the following LDC
provisions:
a. Front Setback.
These deviation requests shall be subject to the process and
procedures of LDC sections 5.05.08. F. 1. — 23 and the submittal
requirements established in the Administrative Code. Deviatiens
except that in order to be eligible for
an administrative deviation the site shall meet at least one of the
following conditions or circumstances:
* * * * * * * * * * *
b. Architectural and Site Design Standards. These deviation requests shall
be subject to the process and procedures of LDC sections 5.05.08. F. 1. —
231. and 5- LI: - . . - ' - - • - - - - -- and the submittal
requirements established in the Administrative Code.
c. Landscape and Buffer Requirements. The alternative plans requesting
approval for deviation from landscaping and buffer requirements shall be
subject to the process and procedures of LDC section 5.05.08. F. 1. —3 2
and the submittal requirements established in the Administrative Code.
_ . A . •. ' : _ _ . . Further, the applicant and must
additionally provide a minimum of 110 percent of the open space
requirement for mixed use projects in addition to other conditions that the
County Manager or designee deems necessary.
d. Parking Standards. These deviation requests shall be subject to the
process and procedures of LDC section 4.05.04. F.2.
3. In order to provide for maximum flexibility, an applicant may request a deviation
in addition to the administrative deviations specifically identified in LDC section
10.02.15 B.2 as part of a MUP Public Hearing process. Requests to deviate from
LDC provisions where compliance is not practical, feasible, desirable, or
warranted in a mixed use project shall include a written justification for any such
deviation. The review of these deviations shall be guided by the following
considerations:
* * * * * * * * * * *
C. Bonus Density Pool Allocation. Under the Collier County Future Land Use Element,
bonus density units are available for reallocation within the Bayshore/Gateway Triangle
Redevelopment Overlay. The County Manager or designee will track the Bonus Density
Pool balance as the units are used. These bonus density units may be allocated
between the BMUD and GTMUD overlays, and shall only be allocated through a public
hearing approval process.
To qualify for up to 12 dwelling units per acre, projects shall comply with the following
criteria. This density of up to 12 dwelling units per acre is only applicable until the
bonus density pool has been depleted.
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4. The project shall comply with the standards for mixed use development set forth
in LDC section 4.02.16 C.B.
* * * * * * * * * * * * *
SUBSECTION 3.TT. AMENDMENTS TO 10.03.05 NOTICE REQUIREMENTS FOR
PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING
COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC,
AND THE HISTORIC PRESERVATION BOARD
Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.03.05 Required Methods of Providing Public Notice
.•
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facevisienc.
2. In the case of PUD extensions pursuant to sections 10.02.13 D.4., 10.02.13
a , . • . • - - . •
• .
DATE:
TIME:
r . - . • - „ • . -
3. In the case of small scale or other site specific comprehensive plan
Commission:
• • - •
•
amendment)
DATE:
TIME:
t. _ •
• • r • _ . _ • „ • .
• . , • „ • . • - • - . .
Page 205 of 234
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O. PUBLIC HEARING TO REZONE THIS PROPERTY:
FROM TO
TO PERMIT:
DATE:
TIME:
APPROVAL
-
DATE:
TIME:
c. ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING
"
2v
squa
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- - -
•
- -- - - - - - - -
. . ••
- - -- - - - - - - •- -- = - - - -- - -
..
..
- • -•• all - - - - _
hearg'
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16. For all other petitions, the Board of County Commissioners shall hold 1
• - - -
- -
following-format:
DATE:
TIME:
TO BE HELD IN THE BCC MEETING ROOM, COLLIER COUNTY
, -, - - -
• • . _ . . • II I_ _ • _ • _•
-_ - _ - - .
may-be.
. • • •• • ' . ._ - -
- - _ - _ - • _• - - - - - • = - - - ,
- -- - • _• - El " - . - - - - . _ -- -_ . - - _. - - -
-. •_ . r. ._ . e1 .- - _ • - -_
Page 208 of 234
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,
i eionore
• _ _ •• ..1 _ _ e-_ 1 _ _ _ _ _ _ _ - _ - - • • _ _• _ _ •• _ _ _- _ _ _ _ __ _ .•
_ • _ -:/111 e.--, _ _ _ _ • _ "" _ _ _ .
Page 209 of 234
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-- ' - - - - _- - - - ' - - - _ _ - --- - -,
- -- -- - - - - - - -- - - - -
NOTICE OF (TYPE OF) CHANGE
(meeting-pl
resolution.
Page 210 of 234
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•
.. . . -
..
• „ It • •
•
-
_ - • . . _== __ - _ - - - _ _- _ - - _ - • - •_•
.•
-- - - _ - _ _ • _ _ - - - '• - - - - _ _ _ - • _ -
• • ...
- - - -, - "I.'
- - 2 .. -, ' -, - - 2 - .2 "
-- - - - •• :-.2 •••2, ' - - -_ - ••.. "22
2 . 2 - 2 - • t• :-.2 • 22 .. .2 •:. 2 ' -.2 f e -
Reighbecheed4Rfermatien-meeting,
.
__ •2• •• . . 2 • t• • ••2• •2 2 2 :• t• • _
Page 211 of 234
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- - 2, - -- •- • - t.: - - •=•2 • 22 ----
---
. .
Page 212 of 234
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•
2 • 22 • 222
• •
•2222• - _._. - - -••22.22•- _ • 2222 _ 2222 - - - - - _ - 22 _22 __ --
_• - _ _ - 2222. • - - - - _ _ _ - - - - -
•- - - 2222 -- 2222-- - . . . . 2222 - 2222 -
PcoPeFtY7
a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE
PROJECT
DAT1=
TIME:
• _ . - . • _ _ • • • , , , , . . _ _ •
2222 ■ 1, 2222 2222 - • 2222 -
- _ - - • - -,
• • •
• . . ••
•
- - - 22 . 22 - - - - • 2222 - 222222 ----
tranepoctatFAn.
Page 213 of 234
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roadways-
..
. .
• . . . .. •
. .. . .
•
plan-
2. The existing land use pattern.
dietricta:
neighborhood:
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safety:
•
- -
areas.
add
_ - -
18. Such other factors, standards, or criteria that the Board of County
safety, and wet#are
following-manner-a+ -- - -
p
dedicatio -or - -
Page 215 of 234
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management plan.
- - - - - -- - - - .2. - -
-- - - - - - - -
. . - - - - -
- - •= 2 •••2 - - ••••=2 - 22. 22 --
_ - _ - • = _ _ -_ • . - .. - -
- _ _ - - • _ _ - _ _ _
Page 216 of 234
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Govern
•! •-: •" : _ _ _ _ - • - - _ - - - - - - •- _ _ • _ _-
seen len--8 08.00•• :.:•• ••:-: - - - ::•..- - • _ 2=-•: :: • - • '! - - - _ - - _ -
. . ... ..
Page 217 of 234
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• •_ - ' - - - - _ _ _- - _ - == -- - _-
•
_ •- _- • - - - - - - - - - - - !. 2_ - • - -
- - "Z. --- -- -2• -•2 : - - - - --- -- -
-:e„.
. . . . . -
Page 218 of 234
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• • •- - - - -- -- - - - =2 "22=•"
- -- " - - - _ - " .. - - "- - - - - " - - - --•- „ „
• • • 2 :=•• =2 ".. 2.=:.`"
currrent-cede. - -
This section shall establish the required methods of providing public notice. Chapter 8 of the
Administrative Code shall establish the public notice procedures for land use petitions.
A. Neighborhood Information Meetings (NIM) shall be held prior to the first public hearing
and noticed as follows:
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section
10.03.05 B.
2. Newspaper Advertisement prior to the NIM.
B. Mailed Notice.
1. Mailed Notice shall be sent to property owners in the notification area as follows:
a. For areas in the urban designated area of the future land use element of
the Growth Management Plan notices shall be sent to all property owners
within 500 feet of the property lines of the subiect property.
b. For all other areas, notices shall be sent to all property owners within
1,000 feet of the property lines of the subiect property.
c. Notices shall also be sent to property owners and condominium and civic
associations whose members are impacted by the proposed land use
changes and who have formally requested the county to be notified. A list
of such organizations must be provided and maintained by the county, but
the applicant must bear the responsibility of insuring that all parties are
notified.
2. For the purposes of this requirement, the names and addresses of property
owners shall be deemed those appearing on the latest tax rolls of Collier County.
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Words stems ough are deleted,words underlined are added
Unless required by F.S. §125.66 (4), the mailed notice is a courtesy only and is
not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is
made, failure to mail or to timely mail the notice or failure of an affected property
owner to receive mailed notice will not constitute a defect in notice or bar the
public hearing as scheduled.
C. Newspaper Advertisement.
1. In accordance with F.S. §125.66.
D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first
advertised public hearing pursuant to the Administrative Code.
* * * * * * * * * * * * *
SUBSECTION 3.UU. ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
HEARINGS FOR LAND USE PETITIONS
Adding Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to
read as follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices. This section
shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative
Code, which further establishes the public notice procedures for land use petitions.
A. Ordinance or resolution that is initiated by County or a private entity which does not
change the zoning atlas or actual list of uses in a zoning category but does affect the
use of land, including, but not limited to, land development code regulations as defined
in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly
referred to as a LDC amendment.
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to each advertised public hearing in
accordance with F.S. §125.66.
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For
minor conditional use notice requirements see 10.03.06 C, below and for County
initiated rezonings, see 10.03.06 K.:
Page 220 of 234
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1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
c. Newspaper Advertisement prior to each advertised public hearing in
accordance with F.S. §125.66.
d. Posting of a sign prior to the first advertised public hearing.
e. For a rezoning or a PUD amendment the County shall notify by mail each
owner within the area covered by the ordinance or resolution of the time,
place, and location of the public hearing before the BCC.
C. Ordinance or resolution for a minor conditional use.
1. The following advertised public hearings are required:
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner,
then pursuant to 10.03.06 B.
2. The following notice procedures are required:
a. A MM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
e. Posting of a sign prior to the advertised public hearing.
D. Ordinance or resolution for a PUD extension, conditional use extension, or conditional
use re-review:
1. The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the advertised public hearing.
b. Newspaper Advertisement prior to the advertised public hearing.
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c. Posting of a sign prior to the advertised public hearing. Signage is not
required for a conditional use re-review.
E. Ordinance or resolution for comprehensive plan amendments:
1. The following advertised public hearings are required:
a. One or more Planning Commission hearings pursuant to F.S. Chapter
163.
b. One or more BCC hearings pursuant to F.S. Chapter 163.
2. The following notice procedures are required:
a. Small scale amendments:
A NIM, which shall be held after the first set of staff review
comments have been issued and prior to the Planning
Commission hearing.
ii. Mailed Notice prior to the advertised Planning Commission
hearing.
iii. Newspaper Advertisement prior to each advertised public hearing.
iv. Posting of a sign prior to the advertised Planning Commission
hearing.
v. Mailed Notice shall be sent to each real property owner within the
area covered by the proposed plan amendment prior to the
advertised BCC public hearing.
b. Regular scale amendments:
A NIM, which shall be held after the first set of staff review
comments have been issued and prior to the Planning
Commission adoption hearing for a site specific amendment.
ii. Mailed Notice prior to the advertised Planning Commission
hearing for a site specific amendment.
iii. Newspaper Advertisement prior to each advertised public hearing.
iv. Posting of a skin prior to the advertised Planning Commission
hearing for a site specific amendment.
v. Mailed Notice shall be sent to each real property owner within the
area covered by the proposed plan amendment prior to the
advertised BCC public hearing.
F. Ordinance or resolution for a variance or a sign variance:
1. The following advertised public hearings are required:
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a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. Mailed Notice shall be sent to property owners within 150 feet of the area
covered by the ordinance or resolution prior to the first advertised public
hearing.
b. Newspaper Advertisement prior to each advertised public hearing.
c. Posting of a sign prior to the first advertised public hearing.
G. Ordinance or resolution for a parking exemption, pursuant to LDC section 4.05.02:
1. The following advertised public hearing is required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice shall be sent to property owners within 150 feet of the
subject site prior to the advertised public hearing.
c. Newspaper Advertisement prior to the advertised public hearing.
H. Ordinance or resolution for a PUD Insubstantial Change (PDI) or Boat Dock Facility
Extension, Boathouse Establishment, or Boat Dock Canopy Deviation:
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the advertised public hearing.
b. Newspaper Advertisement prior to the advertised public hearing.
c. Posting of a sign prior to the advertised public hearing.
Ordinance or resolution for the establishment, amendment to or abandonment of a
Development of Regional Impact (DRI):
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
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2. The following notice procedures are required:
a. In accordance with F.S. 4380.06 and the Florida Administrative Code.
J. Ordinance or resolution that is initiated by the BCC and will change the zoning map
designation of less than 10 contiguous acres of land. This is commonly referred to as a
rezone.
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the first advertised public hearing.
b. Newspaper Advertisement prior to each advertised public hearing. The
advertisement for the Planning Commission hearing shall include a
project location map.
c. Posting of a sign prior to the first advertised public hearing.
d. The County shall notify by mail each owner within the area covered by the
ordinance or resolution of the time, place and location of the public
hearings before the BCC.
K. Ordinance or resolution that is initiated by the BCC and will change the zoning map
designation of more than 10 contiguous acres of land or more or an ordinance or
resolution that will change the actual list of permitted, conditional, or prohibited uses of
land within a zoning category. This is commonly referred to as a rezone or LDC
amendment:
1. The following advertised public hearings are required:
a. At least one Planning Commission hearing. The Planning Commission
may elect by a majority decision to hear such ordinance or resolution at
two public hearings. If there is only one Planning Commission hearing,
the hearing shall be held after 5:00 p.m. on a weekday, and if there are
two Planning Commission hearings, then at least one of the hearings
shall be held after 5:00 p.m. on a weekday.
b. At least two BCC hearings. At least one hearing shall be held after 5:00
p.m. on a weekday, unless the BCC by a majority vote plus one vote
elects to conduct that hearing at another time of day.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to Planning Commission hearing
including a project location map.
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The first Planning Commission hearing shall be held
approximately seven days after the day that the first
advertisement is published. The second hearing will be held
approximately two weeks after the first hearing and shall be
advertised approximately five days prior to the public hearing. The
day, time, and place of a second public hearing shall be
announced at the first public hearing.
b. Newspaper Advertisement prior to the BCC hearings in accordance with
F.S 4 125.66 (4) including a project location map.
i. In lieu of the newspaper advertisement, the BCC may mail a
written notice to property owners within the area covered by the
ordinance or resolution. The notice shall include the time, place
and location of both the public hearings before the BCC.
ii. The first BCC hearing shall be held at least seven days after the
first advertisement is published. The second hearing shall be held
at least ten days after the first hearing and shall be advertised at
least five days prior to the public hearing.
L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments:
1. The following advertised public hearings are required:
a. One BCC hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing pursuant
to LDC section 4.08.06 E.1.
M. Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendments:
1. The following advertised public hearings are required, except for minor
amendments per LDC section 4.08.07:
a. One EAC hearing, if required, pursuant to LDC section 4.08.07 F.
b. One Planning Commission hearing pursuant to LDC section 4.08.07.
c. One BCC hearing pursuant to LDC section 4.08.07.
2. The following notice procedures are required:
a. An optional NIM. See LDC section 10.03.05 A.
b. Newspaper Advertisement prior to each advertised public hearing
pursuant to LDC section 4.08.06 F.
N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district
overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding
administrative approval, pursuant to LDC section 10.02.15:
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1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required.
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
c. Newspaper Advertisement prior to each advertised public hearing.
d. Posting of a sign prior to the first advertised public hearing.
O. Affirmation or approval of a Zoning Verification Letter that allows a new use that is
comparable, compatible, and consistent within a PUD.
1. The following advertised public hearings are required:
a. One BCC or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing in
accordance with F.S. 4125.66.
P. Official Interpretations, pursuant to LDC section 1.06.00.
1. The following notice procedures are required for the interpretation of county wide
application of the Growth Management Plan, Land Development Code and the
building code:
a. Newspaper Advertisement.
2. The following notice procedures are required for the interpretation affecting a
specific parcel of land.
a. Notification of affected property owner. Where a site specific official
interpretation has been requested by a party other than the property
owner, the County shall notify the property owner that an official
interpretation has been requested.
b. For site specific official interpretations, Mailed Notice shall be sent to
property owners within 300 feet of the property lines of the land for which
the interpretation is requested.
c. Newspaper Advertisement,.
Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00.
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1. The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing in
accordance with F.S. § 125.66.
R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F.
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing in
accordance with F.S. § 125.66.
b. Mailed Notice prior to the advertised public hearing.
S. Post Take Plan, pursuant to LDC section 9.03.07 D.
1. The following notice procedures are required:
a. Mailed Notice. Additional Mailed Notice details are established in LDC
9.03.07 D.3.b.
b. If a Planning Commission or Hearing Examiner hearing is required, a
Newspaper Advertisement.
2. The following advertised public hearings may be required:
a. If a written obiection is received, one Planning Commission or Hearing
Examiner hearing.
T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC
section 10.02.13 E.3.c.
1. The following notice procedures are required:
a. Mailed Notice.
2. The following advertised public hearings may be required:
a. If a written obiection is received, one BCC or Hearing Examiner hearing.
U. Automobile Service Station Waiver pursuant to 5.05.05, Alcohol Beverage Distance
Waiver pursuant to 5.05.01, and Nonconforming Use Change pursuant to 9.03.02 D.
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1. The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing.
* * * * * * * * * * * * *
SUBSECTION 3.W. AMENDMENTS TO 10.08.00 CONDITIONAL USES
PROCEDURES
Section 10.08.00 Conditional Uses Procedures, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.08.00 Conditional Uses Procedures
A. General. A conditional use is a use that would not be appropriate generally or without
restriction throughout a particular zoning district or classification, but which, if controlled
as to number, area, location, or relation to the neighborhood, would promote the public
health, safety, welfare, morals, order, comfort, convenience, appearance, or the general
welfare. Such uses may be permissible in a zoning district as a conditional use if
specific provision for such conditional use is made in the LDC. this--Zoning-Gede- All
petitions for conditional uses shall be considered first by the Planning Commission in
the manner herein set out. Decisions regarding conditional uses shall be quasijudicial
in nature.
B. Applicability. Conditional use approval is required before the construction or
establishment of a conditional use.
C. Application. The Administrative Code shall establish the submittal requirements for a
conditional use application.
1. Conditional use application processing time. An application for a conditional
use will be considered 'open," when the determination of "sufficiency" has been
made and the application is assigned a petition processing number. An
application for a conditional use will be considered "closed"when the applicant
withdraws the subiect application through written notice or ceases to supply
necessary information to continue processing or otherwise actively pursue the
conditional use, for a period of 6 months. An application deemed "closed" will
not receive further processing and shall be withdrawn and an application "closed"
through inactivity shall be deemed withdrawn. The Planning and Zoning
Department will notify the applicant of closure by certified mail, return receipt
requested: however, failure to notify by the County shall not eliminate the
"closed" status of a petition. An application deemed "closed" may be re-opened
by submitting a new application, repayment of all application fees and granting of
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a determination of "sufficiency." Further review of the request will be subiect to
the then current LDC.
•
- - - - - - - - - - - - -- - -
_ - - __ - - • _= - _- -, _ _ - _ •-_ - _- -,
character
_- ■ " __ . - - - - _ _ _ • - _
-
.. . .•
_ -- - - ' - - _ - . . ._
• . .
D. Findings. _ _ _ - . - . . - - - - _ _- •• • _ - _ _ -
Tthe Planning Commission shall make a recommendation of
approval, approval with conditions, or denial of the conditional use to the Board of
Zoning Appeals. The Planning Commission's recommendation of approval or approval
with conditions shall finding that the granting of the conditional use will not adversely
affect the public interest and that-the any specific requirements
pertaining to the conditional uso, if any, have been met by the petitioner_ and-mat,
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#Further, that satisfactory provision and arrangement has been made concerning for the
following matters, where applicable:
1. Consistency with the LDC this-cede and Ggrowth Mmanagement Pplan.
2. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation
to noise, glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
E. Planning Commission actions. .
1. Conditions and safeguards. In recommending approval of any--a conditional
use, the Planning Commission may also recommend appropriate conditions and
safeguards in conformity with the LDC. this--Zoning-Code. Violation of such
conditions and safeguards, which are made a part of the terms under which the
conditional use is granted, shall be deemed a violation of the LDC. this-Zoning
Cede-
2. Denial by the Planning Commission. If the Planning Commission shall
recommend denial of a conditional use, it shall state fully in its record its reason
for doing so. Such reasons shall take into account the factors stated in section
10.08.00 D. above or those factors that may be applicable to the action of denial
and the particular regulations relating to the specific conditional use requested,
if any.
3. Status of Planning Commission report and recommendations. The report and
recommendations of the Planning Commission required above shall be advisory
only and shall not be binding upon the Board of Zoning Appeals.
F. Consideration by the Board of Zoning Appeals. Upon receipt of the Planning
Commission's report and recommendations, the Board of Zoning Appeals shall make a
finding that the granting of the conditional use will not adversely affect the public and
any specific requirements pertaining to the conditional use have been met by the
petitioner. Further, that satisfactory provision and arrangement has been made for the
matters identified in LDC section 10.08.00 D were applicable.
1. The Board of Zoning Appeals shall approve, by resolution, or deny a petition for a
conditional use. The approval of a conditional use petition shall require 4
affirmative votes of the Board of Zoning Appeals.
2. If the Board of Zoning Appeals denies the conditional use, it shall state fully in
its record its reason for doing so. Such reasons shall take into account the
factors stated in section 10.08.00 D. above or those factors that may be
applicable to the action of denial and the particular regulations relating to the
specific conditional use requested, if any.
G. Expiration and re-review.
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1. Any A conditional use shall expire 5 years from the date of approval, eft-if
by that date the use for which the conditional use was granted has not been
commenced.
2. Any A conditional use shall expire 1 year following the discontinuance of the
use for which the conditional use was granted unless the site was improved
and/or structures built for the specific uses approved by a conditional use and
which cannot be converted to a use permitted by the underlying zoning
designation of the site.
3. The Board of Zoning Appeals may grant one 2-year extension of an approved
conditional use upon written request of the petitioner.
4. If a conditional use permit is approved with stipulations or conditions, a re-
review of the permit, stipulations, or conditions shall take place in accordance
with the resolution approving the conditional use permit or by request of the
applicant.
H. Public facility dedication.
1_4,--Rublib—fability—eledibabon, The Board of County Commissioners may, as a
condition of approval of the conditional use, require that suitable areas for
streets, public rights-of-way, schools, parks, and other public facilities be set
aside, improved, and/or dedicated for public use. Where impact fees are levied
for certain public facilities, the market value of the land set aside for the public
purpose shall be credited towards impact fees. Said credit shall be based on a
negotiated amount no greater than the market value of the set aside land prior to
the approval of the conditional use, as determined by an accredited appraiser
from a list approved by Collier County. Said appraisal shall be submitted to the
County Attorney's Office and the real property office within 90 days of the date of
approval of the conditional use, or as otherwise extended in writing by Collier
County, so as to establish the amount of any impact fee credits resulting from
said dedication. Failure to provide said appraisal within this time frame shall
authorize the County to determine the market value of the property. Impact fee
credits shall only be effective after recordation of the document conveying the
dedicated property to Collier County. Where the term Collier County is used in
this section, it shall be construed to include the Collier County Water and Sewer
District or other agency or dependent district of Collier County Government.
2. Land set aside and/or to be improved as committed as part of the conditional
use approval shall be deeded or dedicated to Collier County within 90 days of
receipt of notification by the county that the property is needed for certain
pending public improvements or as otherwise approved by the Board of County
Commissioners during the conditional use process. In any case, however, the
County shall take title to set aside property, at the latest, by a date certain
established during, and conditioned on, the approval of the conditional use.
3. The land set aside and/or to be improved shall be made free and clear of all
liens, encumbrances and improvements, at the developer's sole expense, except
as otherwise approved by the Board. Failure to complete the dedication within
the appropriate time frame noted above may result in a recommendation to the
Board of reconsideration of approved conditional use and may result in a
violation of the LDC this-Code pursuant to section 8.08.00.
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4. Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure
improvements available to the parcel of land upon which said improvements are
to be made, or at a specified time provided for within the resolution approving the
conditional use.
- -- • --- - . ._ .. P. - - - _ - - -
requestedri#-an - - - -
Conditional uses for school or religious purposes. A use which has been approved as
part of a preliminary subdivision plat or a planned
unit development for schools, religious or eleemosynary uses shall be exempt from the
provisions of this section. Such uses must comply with the provisions of section
10.02.03, site development plan approval, as applicable, and all other zoning
requirements.
J. Changes and amendments. The County Manager or his designee may approve minor
changes in the location, siting, or height of buildings, structures, and improvements
authorized by the conditional use. Additional uses or expansion of permitted uses not
shown on the conceptual site development plan or otherwise specifically provided for in
the conditional use application shall require the submission, review, and approval of a
new conditional use application. •
- - - -- - - -- -- "- -- _-" - --_ - - - - - - -- -- • - - - - -
• „ „
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regeiremen tc
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding Section not affect the validity of
the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida, with the exception of the explanatory footnotes
which are informational only and not intended to be codified. The sections of the Ordinance
may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
Tallahassee, Florida.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 24TH day of September, 2013.
ATTEST:. •••• '•"•" BOARD OF COUNTY COMMISSIONERS
DWIGHt E? cXACLERK OF COLLIER COUNTY, FLORIDA
`J 1
By 1vA.,. .ii By:
J J
Attest aklb '4 ep ity GEORGIA A. HIL : R, �`.., Chair
signature only.
Approved as to form and legality:
(01.i Ct Ck
Heidi Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/1050 (9/16/13)
This ordinance filed with the
S jtary of State's O f iise the
c dcyof . ei3
and ackncwletpernent of that
filin.. received this 7 day
of di d . 20 l
By :i •■■
Deputy re AVIP—'-
Page 234 of 234
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-56
which was adopted by the Board of County Commissioners
on the 24th day of September, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of September, 2013 .
DWIGHT E. BROCK
Clerk of Courts and4;9rk
Ex-officio to Bo .ef ..! "•,,
County Commissioneps'°",
1
By: Martha Vergar..
Deputy Clerk