Ordinance 2015-44 ORDINANCE NO. 15 —44
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 2 — ZONING
DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY
ZONING DISTRICTS; CHAPTER 3 — RESOURCE PROTECTION,
INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS
FOR VEGETATION PROTECTION AND PRESERVATION, SECTION
3.05.07 PRESERVATION STANDARDS, SECTION 3.05.08
REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC
VEGETATION; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.04 STANDARDS FOR
CLUSTER RESIDENTIAL DESIGN, SECTION 4.06.02 BUFFER
REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER 5
— SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.06.04
DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL
DISTRICTS; CHAPTER 10 — APPLICATION, REVIEW, AND DECISION-
MAKING PROCEDURES, INCLUDING SECTION 10.02.04
REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION
PLATS, SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION
10.02.07 REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY
ADEQUACY, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
HEARINGS FOR LAND USE PETITIONS; APPENDIX A - STANDARD
PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
IMPROVEMENTS; 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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
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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 2015; 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
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on July 7, 2015, 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.
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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
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.
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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,
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 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District
with distinct subdistricts for the purpose of establishing development criteria suitable
for the unique land use needs of the Immokalee Community. The boundaries of the
Immokalee Urban Overlay District are delineated on the maps below.
* * * * * * * * * * * * *
7. Interim Deviations: Property owners within the Immokalee Urban Overlay
District may request deviations from specific dimensional requirements as
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described in this section. A deviation request may be reviewed administratively
or by the Planning Commission depending upon its scope. This section
addresses the permissible deviations, limitations thereon, and the review
process.
* * * * * * * * * * * * *
f. Duration of these provisions. These provisions are interim in nature and
will be in effect until the earlier of either the effective date of the
Comprehensive Immokalee Overlay LDC amendments or 24 months from
June 11, 2010. An extension of these provisions may be granted by the
SUBSECTION 3.B. AMENDMENTS TO SECTION 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:
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 shall not be
required for the removal of protected vegetation, other than a specimen tree, on
lots subdivided for only single-family use e- - - - - _ - _ _ -_ - 'ea' ,
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. This
exemption shall not apply to lots on undeveloped coastal barrier islands or in the
ST, ACSC-ST or RFMU overlay districts or to the Rural Fringe Mixed Use District
when a higher native vegetation protection requirement may not allow for 1 full
acre of clearing.
a. A building permit has been issued for the permitted principal structure
(the building permit serves as the clearing permit); or
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b. 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
c. 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.
* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 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
All development not specifically exempted by this ordinance shall incorporate, at a
minimum, the preservation standards contained within this section.
* * * * * * * * * * * * *
H. Preserve standards.
* * * * * * * * * * * * *
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation
retention standards found in 3.05.07
b7 a. Applications for development orders authorizing site improvements,
such as an SDP or FSP and, on a case by case basis, a PSP, that are
submitted and deemed sufficient prior to June 19, 2003 are not required
to comply with the provisions of this section 3.05.07 H., which were
adopted on or after June 19, 2003.
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SUBSECTION 3.D. AMENDMENTS TO SECTION 3.05.08 REQUIREMENT FOR
REMOVAL OF PROHIBITED EXOTIC VEGETATION
Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
3.05.08 Requirement for Removal of Prohibited Exotic Vegetation
Prohibited exotic vegetation specifically includes the following:
Earleaf acacia (Acacia auriculiformis)
Australian pine (Casuarina spp.)
Melaleuca (Melaleuca spp.)
Catclaw mimose (Minosa pigra)
Downy rosemyrtle (Rhodomyrtus tomentosa)
Brazilian pepper (Schinus terebinthifolius)
Java plum (Syzygium cumini)
Women's tongue (Albizia lebbeck)
Climbing fern (Lygodium spp.)
Air potato (Dioscorea bulbifera)
Lather leaf (Colubrina asiatica)
Carrotwood (Cupaniopsis anacardioides)
A. General.
1. Prohibited exotic vegetation removal and methods of removal shall be
conducted in accordance with the specific provisions of each local development
order.
2. Native vegetation shall be protected during the process of removing prohibited
exotic vegetation, in accord with the provisions of LDC section 3.05.04.
3. Prohibited exotic vegetation shall be removed from the following locations, and
within the following timeframes:
a. From all rights-of-way, common area tracts not proposed for
development, and easements prior to preliminary acceptance of each
phase of the required subdivision improvements.
b. From each phase of a site development plan prior to the issuance of the
certificate of occupancy for that phase.
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c. From all golf course fairways, roughs, and adjacent open space/natural
preserve areas prior to the issuance of a certificate of occupancy for the
first permitted structure associated with the golf course facility.
d. From property proposing any enlargement of existing interior floor space,
paved parking area, or substantial site improvement prior to the issuance
of a certificate of occupancy.
4. In the case of the discontinuance of use or occupation of land or water or
structure for a period of 90 consecutive days or more, property owners shall,
prior to subsequent use of such land or water or structure, conform to the
regulations specified by this section.
5. Verification of prohibited exotic vegetation removal shall be performed by the
development services director's field representative County Manager or
designee.
6. Herbicides utilized in the removal of prohibited exotic vegetation shall have
been approved by the U.S. Environmental Protection Agency. Any person who
supervises up to eight (8) people in the application of pesticides and herbicides in
the chemical maintenance of exotic vegetation in preserves, required retained
native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of
Agriculture and Consumer Services certifications for Natural Areas Pesticide
Applicators or Aquatic Herbicide Applicators dependent upon the specific area to
be treated. When prohibited exotic vegetation is removed, but the base of the
vegetation remains, the base shall be treated with an U.S. Environmental
Protection Agency approved herbicide and a visual tracer dye shall be applied.
B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the
- - - • - • - .-- - - : County Manager or designee for review on sites which
require prohibited exotic vegetation removal prior to the issuance of the local
development order. This maintenance plan shall describe specific techniques to
prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This
maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the
local development order shall be contingent upon approval of the maintenance plan.
Noncompliance with this plan shall constitute violation of this section. The development
services director's field representative County Manager or designee shall inspect sites
periodically after issuance of the certificate of occupancy, or other final acceptance, for
compliance with this section.
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C. Applicability to new structures and to additions on single-family and two-family lots. In
addition to the other requirements of this section, the applicant shall be required to
remove all prohibited exotic vegetation before a certificate of occupancy is granted on
any new principal or accessory structure and any additions to the square footage of
the principal or accessory structures on single-family or two-family lots. This shall not
apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not
having a roof impervious to weather. This shall not apply to interior remodeling of any
existing structure.
The removal of prohibited exotic vegetation shall be required in perpetuity. Upon
issuance of a vegetation removal permit, subject to the provisions in LDC section
3.05.02 F and G, prohibited exotic vegetation may be removed
zoned residential single family (RSF), estates (E), village residential (VR), and mobile
home T prior to issuance of a building permit.
D. Exceptions. Prohibited exotic vegetation may remain on property when the County
Manager or designee receives a request from the property owner to retain the
vegetation. The County Manager or designee shall approve such a request upon finding
that at least one of the following criteria has been met.
1. The prohibited exotic vegetation has been previously approved through the
County development review process and planted in accordance with the
landscape requirements at the time of final local development order approval.
2. The subject lot is developed with, or proposed to be developed with, a single
family dwelling unit, and:
a. is not within the RFMU Sending Lands overlay district; and
b. is not within a NRPA overlay district; and
c. is not located on a undeveloped coastal barrier island; and
d. the vegetation requested to be retained is an existing Java plum tree(s)
that has attained a single-trunk diameter at breast height (DBH) of 18
inches or more.
3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such
vegetation occurs within a bald eagle nest protection zone, removal shall be in
accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle
Management Guidelines, or as otherwise permitted by the FWC and/or USFWS.
Where a bald eagle nest is determined to be "lost" as defined by the FWC, such
vegetation shall be removed as required by LDC section 3.05.08.
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SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR
CLUSTER RESIDENTIAL DESIGN
Section 4.02.04 Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.04 Standards for Cluster Residential Design
A. The purpose of a cluster development desiqn technique is to provide a unique and
innovative alternative to the conventional residential development in the RSF 1 through
6, RMF-6, PUD and VR districts by creating a more varied, efficient, attractive, and
economical residential development containing a more usable pattern of open space. It
is intended to implement the (GMP) by, among other things, encouraging compact urban
growth, discouraging urban sprawl, and encouraging the conservation of environmental
resources.
B. This section shall apply to all parcels of land under single ownership within the RSF 1
through 6, RMF-6, VR and PUD zoning districts which permit cluster development. See
LDC section 2.03.08 A.2 for clustering standards in RFMU receiving lands district.
* * * * * * * * * * * * *
D. Requirements for zero lot line developments:
1. The zero (0) lot line portion of the dwelling unit shall be void of doors Of
windows where such wall is contiguous to an adjoining lot line.
* * * * * * * * * is * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS
Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.06.02 Buffer Requirements
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C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following
alternative types of buffers shall be used based on the matrix in table 2.4. (See Figure
4.06.02.C-1)
1. Alternative A Type A Buffer: Ten-foot-wide landscape buffer with trees spaced
no more than 30 feet on center. When an Altcrnativc a Type A buffer is located
within a residential PUD and adjacent to a lake, the required trees may be
clustered on common property lines to provide a view of the lake. Clustered tree
plantings shall not exceed 60 feet between clusters.
2. Altcrnative B Type B Buffer: Fifteen-foot-wide, 80 percent opaque within one year
landscape buffer six feet in height, which may include a wall, fence, hedge,
berm or combination thereof, including trees spaced no more than 25 feet on
center. When planting a hedge, it shall be a minimum of ten gallon plants five
feet in height, three feet in spread and spaced a maximum four feet on center at
planting. When an Altcrnativc a Type B buffer is located within a residential PUD
and adjacent to a lake, the required plant materials may be clustered to provide
views. Clustered tree plantings shall not exceed 60 feet between clusters and the
clustered hedge plantings can be provided as a double row of shrubs that are a
minimum of 30 inches in height. When the adjacent lake exceeds 1,500 feet in
width the hedge planting shall not be required. When a community facility is
located within a residential PUD and abuts a residential unit, a Type B buffer
shall be required. When a fence or wall is used within the buffer a minimum of
50 percent of the trees and hedge plantings shall be located on the residential
side of the fence or wall.
3. Altcrnativc C Type C Buffer 20-foot-wide, opaque within one year, landscape
buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and
two staggered rows of trees spaced no more than 30 feet on center. Projects
located within the Golden Gate Neighborhood center district shall be exempt
from the right-of-way requirement of a six-foot wall, fence, hedge, berm or
combination thereof. These projects shall provide a meandering Type D
landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot
wide buffer area shall be composed of a meandering bed of shrubs and ground
covers other than grass.
4. Altcrnativc D Type D Buffer: A landscape buffer shall be required adjacent to
any road right-of-way external to the development project and adjacent to any
primary access roads internal to a commercial development. Said landscape
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buffer shall be consistent with the provisions of the Collier County Streetscape
Master Plan, which is incorporated by reference herein. The minimum width of
the perimeter landscape buffer shall vary according to the ultimate width of the
abutting right-of-way. Where the ultimate width of the right-of-way is zero to
99 feet, the corresponding landscape buffer shall measure at least ten feet in
width. Where the ultimate width of the right-of-way is 100 or more feet, the
corresponding landscape buffer shall measure at least 15 feet in width. -
Developments of 15 acres or more and developments within an activity center
shall provide a perimeter landscape buffer of at least 20 feet in width regardless
of the width of the right-of-way. Activity center right-of-way buffer width
requirements shall not be applicable to roadways internal to the development.
(See Figure it 06. 02 r
{note: existing Figure 4.06.02 C. renamed and relocated to follow text of 4.04.02 C.4.e)
a. Trees shall be spaced no more than 30 feet on center in the landscape
buffer abutting a right-of-way or primary access road internal to a
commercial development.
b. A continuous 3 gallon double row hedge spaced 3 feet on center of at
least 24 inches in height at the time of planting and attaining a minimum
of 3 feet 30 inches in height within in one year shall be required in the
landscape buffer where vehicular areas are adjacent to the road right-
of-way, pursuant to section 4.06.05 C.4. The hedges shall be maintained
at maximum height of 36 inches.
c. Where a fence or wall fronts an arterial or collector road as described
by the transportation circulation element of the growth management plan,
a continuous 3 gallon single row hedge a minimum of 24 inches in height
spaced 3 feet on center, shall be planted along the right-of-way side of
the fence. The required trees shall be located on the side of the fence
facing the right-of-way. Every effort shall be made to undulate the wall
and landscaping design incorporating trees, shrubs, and ground cover
into the design. It is not the intent of this requirement to obscure from
view decorative elements such as emblems, tile, molding and wrought
iron.
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d. The remaining area of the required landscape buffer must contain only
existing native vegetation, grass, ground cover, or other landscape
treatment. Every effort should be made to preserve, retain and
incorporate the existing native vegetation in these areas.
e. A signage visibility triangle may be created for non-residential on-
premises signs located as shown in Figure 4.06.02.0-2 for Type D buffers
that are 20 feet or greater in width. The line of visibility shall be no
greater than 30 linear feet along road right-of-way line. Within the
visibility triangle, shrubs and hedges shall be required pursuant to LDC
section 4.06.05.D.4, except that hedges, shrubs, or ground cover located
within the signage visibility triangle shall be maintained at a maximum
plant height of 24 inches. Within the visibility triangle, no more than one
required canopy tree may be exempted from the Type D buffer
requirements.
{remainder of this page purposefully left blank]
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TYPES OF BUFFERS
CODE REQUIRED LANDSCAPE BUFFERS LDC 4.06.02.C.1.-4.
30'O.C.
) - io:
TYPE 'A' BUFFER
#10 SHRUBS,4'O.C.60"HIGH AT PLANTING
25'O.C.
AIL AVAIL
Al& AV
, , ,
TYPE 'B' BUFFER DOUBLE ROW OF STAGGERED TREES
#10 SHRUBS,4'O.C.60"HIGH AT PLANTING
30'O.C.
AMk
p ri 20^
Oaarar �iiC O!�s�� OOCO�iC'3C=
TYPE 'C' BUFFER
-- DOUBLE-STAGGERED HEDGEROW,#3 SHRUBS
30'O.C. / 24"HIGH AT PLANTING 4 MAINTAINED AT 36"
AP I OM WA 111111MOIN WA I I 111 MI IM
0004041040 000 11
O'OIOO 0O'(s0'O �)�t00 000V0000000000'O
TYPE 'D' BUFFER DIMEN.
VARIES
10'-15'-20'
NOTE: • FLEXIBILITY IN BUFFER PLANTING IS ENCOURAGED. DEPENDING ON
TREES&SHRUBS MAY OCCUR ANY WHERE WITHIN BUFFER ROW WIDTH
AS LONG AS ON CENTER REQUIREMENT IS MET.
• BUFFER MAY MEANDER AS LONG AS
SPECIFIED WIDTH IS MAINTAINED.
PREPARED BY OFFICE OF GRAPHICS AND TECHNICAL SUPPORT
COMMUNITY DEVELOPMENT AND ENVIRONMEN-AL SERVICES DIVISION
DATE:3/07 FILE:LANDSCAPE BUFFERS.DWG
Figure 4.06.02 G C-1.
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30 Line of Visibility
a 15' 15' -7 ROW Line
(Prop.LAO
\ 1 b V
0
7. u Visibiilty Na Canapy Visibihty
° Triangle Tree Ream red Triangle
a. y Area
\ / Area
C—.)
co
8 /
\ /
n Bos ___ f
WiSigd+h Vcries e - -
\ 30 30' /
°M PANED NY: UPS/CAD MA"PP SECTION
*NOM MervAawEnT u[FWtND T
'JAM 7/2oIb FILE v1SLHlL1Tr MANGLE 15EUNt;
Figure 4.06.02.0-2. (Note: Figure does not include double row hedge)
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
* * * * * * * * * * * * *
D. Plant Material Standards.
* * * * * * * * * * * * *
4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a
minimum height as specified in Section 4.06.02.C. except: 1) where visibility at
street and driveway intersections is requiredi and 21 where pedestrian access is
provided; or 3) where a signage visibility triangle for non-residential on-premise
signs per section 4.06.02 C.4.e is utilized. Shrubs and hedges shall screen the
adjacent pavement surface or developed property required to be buffered
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and/or screened. Hedges, where required, shall be maintained so as to form a
continuous, unbroken, solid visual screen within a minimum of one year after
time of planting.
* * * * * * * * * * * * *
J. Treatment of slopes: The following landscape and engineering standards shall apply to
all landscape areas except for Golf Courses. See: Slope Table 4.06.05.J., and Slope
Cross Sections 4.06.05.J.
Treatment of slopes. The landscape and engineering standards in Slope Table 4.06.05
J and Slope Cross Sections 4.06.05 J shall apply to all landscape areas, except the
following:
1. Single family lots, however, this exception shall not apply to berms or swales
within platted easements;
2. Golf Courses; and
3. Berms or swales 2 feet in height or lower, if the slope ratio is no steeper than 3:1.
Slope Table 4.06.05 J.
Slope Ratio Slope Treatment. See a. below.
No Steeper Than 4:1 Grass. See Figure 3 below.
(4 horizontal to 1 vertical) Trees, Ground Covers, Ornamental Grasses, and Shrubs.
Trees, Ground Covers, Grass, Ornamental Grasses, and Shrubs.
See Figure 2 below.
No Steeper Than 3:1 Requires 50% percent surface coverage at time of installation and
(3 horizontal to 1 vertical) 80%percent coverage within 1 year and avoid soil erosion
Toe of slope shall be set back a minimum of 2 feet from sidewalks
and paved surfaces.
Rip-rap or other forms of erosion and scour protection. See Figure
1 below.
When used for water management systems within a required buffer
pursuant to LDC section 4.06.02 D, rip-rap or other forms of
No Steeper Than 2:1 erosion and scour protection are pPermitted only in concentrated,
(2 horizontal to 1 vertical) rapid flow water management areas or sloped areas less than 200
square feet with a maximum height of 30 inches.
- __- _ •- _ _• • -*Slopes requiring stabilization with—gee-
textile fabric and be planted with ground covers or vines to-shall
provide 80 percent coverage within 1 year.
Permanent slope stabilization systems are required on all slopes
steeper than 2:1 and no steeper than 1:1.
No Steeper Than 1:1 Stabilization systems shall require engineered plans signed and
(1 horizontal to 1 vertical) sealed by a Professional Engineer, Architect, or Landscape
Architect registered in the state of Florida.
Stabilization systems if visible from any road, access, or residence
shall be set back from property line a minimum of 2 feet and be
Page 16 of 74
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landscaped to provide 80% percent opacity within 1 year. In
addition when a system is located within a landscape buffer all
buffer plantings shall be located on the high or elevated side in a
minimum 5 foot wide planting area with a slope no greater than
10:1.
Stabilization systems shall not exceed 3 feet in height and shall not
be located on lake banks or in lake maintenance easements.
Set back requirements from sidewalks or paved surfaces shall be a
minimum of 2 feet.
Vertical Retaining Walls. See b, c, and d. below, See Also
Alternative A & B below.
Walls over 30 inches in height shall require engineered plans
signed and sealed by a Professional Engineer, Architect, or
Landscape Architect registered in the Sstate of Florida.
Wall shall be architecturally finished or provide a natural
Steeper Than 1:1 appearance. See e. below_
Walls if visible from any road, access, or residence shall be set
back from property line a minimum of 2 feet and be landscaped to
provide 80% percent opacity within 1 year. In addition when a wall
is located within a landscape buffer all buffer plantings shall be
located on the high or elevated side of the wall in a minimum 5 foot
wide planting area with a slope no greater than 10:1.
Slope Table 4.06.05 J. Notes:
a. Slopes adjacent to required preserve areas shall be planted with 100% Florida
native species, shall provide swales to direct water flow away from preserves,
and meet setbacks as required by LDC section 3.05.07.H.3. of this Code.
b. Perimeter water management walls shall not exceed 3 feet in height and shall be
setback from property lines a minimum of 2 feet. In addition when water
management walls are located in landscape buffers the walls shall be consistent
with LDC section 4.06.02.D of this Code. All water management walls shall be
landscaped to provide 80% opacity within 1 year. See Figure 4 below.
c. Water management areas with continuous vertical walls exceeding 20 feet in
length and/or open vaults are prohibited.
d. Vertical retaining wall requirements and standards do not apply to headwalls or
bridge abutments.
e. Architectural finish requires color, texture, and materials that are in common with
those used on surrounding structures. Exposed concrete walls are prohibited.
Natural appearance requires color, texture, and materials that mimic or occur in
nature.
Page 17 of 74
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Slope Cross Sections 4.06.05.J.
zk.47
INS
I 5' -
NI,
AP --------- -
EXISIING
—
GALLONS CR001,11
NME;
TAU OF CABION SHALL A
PERIMETER BERM P.ANTED TO PROvIOE 80%
OPACITY *THIN ONF YEAR,
ALTERNATIVE "A" IF FACE IS NOT PLANTED,
GAI3ION SMALL ME SET BACK
NI. 2 MIN. FROM PROPERTY LINE
1e.
[ ' 5'
"---- P ''■NC
(MAN.) 1■//
1. ARIA
DNSTING
rZiAir't':' ''' /-CROuND
—
C11- ----1
PERIMETER BERM
ALTERNATIVE "B"
01 I S.
e
,) PLANTtNO
10,1 (MAX
AREA
I s_OPL -' '"'VW'•;/WeNT\''111■A'/‘./, -_ -
TREATMENT ____--- •/ /`A, •
1 ■y____—____ ____ 'C'04'---
___----
_[,------
_
PERIMETER BERM
ALTERNATIVE "C"
pl WING FLAN704,1
1
SLOPE „,s0.7'--- l'''\1,,WV • Z- '121F:_ZfEMENT
----
/ ['NOUN°
'
___----- --z.•-...- -1.. _
PERIMETER BERM
ALTERNATIVE
Page 18 of 74
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•/N'/N> � � RIP RAP
∎•∎�_�� 2:1
GEO—TEXTILE FABRIC ��• •�� GROUND
FIGURE #1
N.T.S.
, TREES, SHRUBS, GRAS
�N,•■ do ORNAMENTAL GRASSES (revised text)
•/ 4 host, .
EXISTING
— 3:1 '�4� 1, \ [_GROUND
FIGURE #2 .
N.T.S.
TURF
ii� GRASS
EXIS11NG
4:1 GROUND
FIGURE #3
N.T.S.
FE
2'
Lk) RETAINING EXISTING
' WALL GROUND
FIGURE #4 - PERIMETER
WATER MANAGEMENT WALL
N.T.S.
Page 19 of 74
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* * * * * * * * * * * :F
SUBSECTION 3.H. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION
Section 4.08.07 SRA Designation, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.08.07 SRA Designation
* * * * * * * * * * * * *
D. SRA Designation Application Package. A Designation Application Package to support a
request to designate land(s) within the RLSA District as an SRA shall be made pursuant
to the regulations of the RLSA District Regulations. The SRA Application Package shall
include the following:
* * * * * * * * * * * * *
7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report
shall be prepared and submitted by the applicant as part of the SRA Application
for Designation of a of SRA. The SRA Impact Assessment Report shall address
the requirements of Section 4.08.07 K.
* * * * * * * * * * * * *
11. SRA Credit Agreement.
a. Any applicant for designation of an SRA shall enter into an SRA Credit
Agreement with the County.
b. The SRA Credit Agreement shall contain the following information:
(1) The number of SSA credits the applicant for an SRA designation
is utilizing and which shall be applied to the SRA land in order to
carry out the plan of development on the acreage proposed in the
SRA development Documents-i
(2) A legal description of the SRA land and the number of acres;
(3) The SRA master plan depicting the land uses and identifying the
number of residential dwelling units, gross leaseablc leasable
area of retail and office square footage and other land uses
depicted on the master plan;
* * * * * * * * * * * * *
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E. SRA Application Review Process.
* * * * * * * * * * * * *
6. Staff Report. Within ninety (90) days from the receipt of a sufficient application,
County staff shall prepare a written report containing their review findings and a
recommendation of approval, approval with conditions or denial. This timeframe
may be extended upon agreement of County staff and the applicant.
7. Public notice and required hearings shall be as established in LDC Section
10.03.06 M.
F. SRA Application Approval Process.
1. Public Hearings Required. The BCC shall review the staff report and
recommendations and the recommendations of the EAC and CCPC, and the
BCC shall, by resolution, approve, deny, or approve with conditions the SRA
Application only after advertised public notices have been provided and public
hearings held in accordance with LDC Section 10.03.06 M.
provisions:
a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC
SRA if such SRA is within the ACSC, or is adjoining land designated as
Conservation, FSA, or HSA.
b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC
shall hold one (1) advertised public hearing on the proposed resolution to
designate an SRA. A notice of the public h wring before the CCPC on the
sketch and shall be published in a newspaper of general circulation in the
County at least ten (10) days in advance of the public hearing.
c. Public Hearing Before the BCC, Resolution Approved. The BCC shall
description and a map or sketch, shall be given to the citizens of Collier
at least ten (10) days prior to the hearing of the BCC. The advertised
contain the date, time and place of the hearing, the title of the proposed
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resolution and the place within the County where such proposed
resolution may be inspected by the public. The notice shall also advise
respect to the proposed resolution.
* * * * * * * * * * * * *
4. SRA Amendments. Amendments to the SRA shall be considered in the same
manner as described in this Section for the establishment of an SRA, except as
follows.
a. Waiver of Required SRA Application Package Component(s). A waiver
may be granted by the County Manager or his designee, if at the time of
the pre-application conference, in the determination of the County
Manager or designee, the original SRA Designation Application
component(s) is (are) not materially altered by the amendment or an
updated component is not needed to evaluate the amendment. The
County Manager or designee shall determine what application
components and associated documentation are required in order to
adequately evaluate the amendment request.
b. Substantial changes. Any substantial change(s) to an SRA Master Plan
or Development Document shall require the review and recommendation
of the Planning Commission and approval by the Board of County
Commissioners as a SRA 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 be
deemed to exist where:
(1) A proposed change in the boundary of the SRA;
(2) A proposed increase in the total number of dwelling units or
intensity of land use or height of buildings within the
development;
(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;
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(4) A proposed increase in the size of areas used for nonresidential
uses, to include institutional, commercial and industrial land uses
(excluding preservation, conservation nor open spaces), or a
proposed relocation of nonresidential land uses;
(5) 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;
(6) 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;
(7) A change that will result in a requirement for increased stormwater
retention, or will otherwise increase stormwater discharges;
(8) A change that will bring about a relationship to an abutting land
use that would be incompatible with an adjacent land use;
(9) Any modification to the SRA master plan or SRA document which
is inconsistent with the Future Land Use Element or other element
of the Growth Management Plan or which modification would
increase the density or intensity of the permitted land uses;
(10) Any modification in the SRA master plan or SRA document which
impact(s) any consideration deemed to be a substantial
modification as described under this LDC Section 4.08.07.
c. Insubstantial change determination. An insubstantial change includes
any change that is not considered a substantial or minor change. An
insubstantial change to an approved SRA Development Document or
master plan shall be based upon an evaluation of LDC subsection
4.08.07 F.4.b., above and shall require the review and approval of the
Hearing Examiner or Planning Commission. The approval shall be based
on the findings and criteria used for the original application and be an
action taken at a regularly scheduled meeting.
(1) The applicant shall provide the Planning and Zoning Department
Director documentation which adequately describes the proposed
changes as described in the Administrative Code.
b-d. Approval of Minor Changes by County Manager or Designee. County
Manager shall be authorized to approve minor changes and refinements
to an SRA Master Plan or dDevelopment Document upon written request
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of the applicant. Minor changes and refinements shall be reviewed by
appropriate County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County ordinances and
regulations prior to the County Manager or designee's consideration for
approval. The following limitations shall apply to such requests:
(1) The minor change or refinement shall be consistent with the RLSA
Overlay, the RLSA District Regulations, and the SRA
development Document's amendment provisions.
(2) The minor change or refinement shall be compatible with
contiguous land uses and shall not create detrimental impacts to
abutting land uses, water management facilities, and
conservation areas within or external to the SRA.
(3) Minor changes or refinements, include but are not limited to:
(a) Reconfiguration of lakes, ponds, canals, or other water
management facilities where such changes are consistent
with the criteria of the SFWMD and Collier County;
(b) Internal realignment of rights-of-way, other than a
relocation of access points to the SRA itself, where water
management facilities, preservation areas, or required
easements are not adversely affected; and
(c) Reconfiguration of parcels when there is no encroachment
into the conservation areas or lands with an Index Value of
1.2 or higher_;
tee. Relationship to Subdivision or site Development Approval. Approval by
the County Manager or designee of a minor change or refinement may
occur independently from, and prior to, any application for subdivision or
Site dDevelopment Document plan approval. However, such approval
shall not constitute an authorization for development or implementation
of the minor change or refinement without first obtaining all other
necessary County permits and approvals.
* * * * * * * * * * * * *
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H. Development Document. Data supporting the SRA Master Plan, and describing the
SRA application, shall be in the form of a dDevelopment Document that shall consist of
the information listed below, unless determined at the required pre-application
conference to be unnecessary to describe the development strategy.
* * * * * * * * * * * * *
2. The document shall identify, locate and quantify the full range of uses, including
accessory uses that provide the mix of services to, and are supportive of, the
residential population of an SRA or the RSLA District, and shall include, as
applicable, the following:
* * * * * * * * * * * * *
k. Design standards for each type of land use proposed within the SRA.
Design standards shall be consistent with the Design Criteria contained in
Section 4.08.07 J.;
The Development Document, including any amendments, may request
deviations from the LDC. The Development Document application shall
identify all proposed deviations and include justification and any proposed
alternatives. See LDC section 4.08.07 J.8 for the deviation requirements•
and criteria. • •-- - - - - e--
' —, - -- - •
-- - - - - - _ - --- ,
m. The proposed schedule of development, and the sequence of phasing or
incremental development within the SRA, if applicable;
* * * * * * * * * * * * *
s. Development commitments for all infrastructure;
t. When determined necessary to adequately assess the cempatability
compatibility of proposed uses within the SRA to existing land uses,
their relationship to agriculture uses, open space, recreation facilities, or
to assess requests for deviations from the Design Criteria standards, the
County Manager or his designee may request schematic architectural
drawings (floor plans, elevations, perspectives) for all proposed
structures and improvements, as appropriate;
u. Development Document amendment provisions; and,
v. Documentation or attestation of professional credentials of individuals
preparing the development document.
* * * * * * * * * * * * *
Page 25 of 74
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J. Design Criteria. Criteria are hereby established to guide the design and development of
SRAs to include innovative planning and development strategies as set forth in §§
163.3177 (11), F.S. and Chapter 9J-5.006(5) (I), F.A.C.. The size and base density of
each form of SRA shall be consistent with the standards set forth below. The maximum
base residential density as specified herein for each form of SRA may only be
exceeded through the density blending process as set forth in density and intensity
blending provision of the Immokalee Area Master Plan or through the affordable housing
density s-bonus as referenced in the d-Density Rating System of the FLUE Future Land
Use Element. The base residential density is calculated by dividing the total number of
residential units in an SRA by the acreage therein that is entitled through Stewardship
Credits. The base residential density does not restrict net residential density of
parcels within an SRA. The location, size and density of each SRA will be determined on
an individual basis, subject to the regulations below, during the SRA designation review
and approval process.
1. SRA Characteristics. Characteristics for SRAs designated within the RLSA
District have been established in the GoalsLObjectivesL and Policies, of the
RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent
with the characteristics identified on the Collier County RLSA Overlay SRA
Characteristics Chart and the design criteria set forth in 2. through 6. below.
a. SRA Characteristics Chart consists of the following Tables: A - Town, B -
Village, C - Hamlet, D.1 - Compact Rural Development: 100 Gross Acres
or Less, and D.2 — Compact Rural Development: Greater than 100 Gross
Acres.
Typical Townl Village Hamlet Compact Rural Development
Characteristi
Size(Gross 1,000--4 989 100 1,000 acres /10 100 acres** 100 Acres or less""
Acres) awes Acres"*
Residential
Units (DUs) per 1 4 DUs per 1 4 DUs per gross '/ ' DUs per gross '/2 2 DUs per gross 1 1 DUs per gross
gro"s acre base gro-s acre*** acre"* acr acr acr
density
Full range of Diversity of single
family and multi Single Family and Single family and Single-family-and
Residential and multi family h°, sing limited multi limited multi limited multi
Housing Styles family housing
types, styles lot family family**** family****
types, styles,
sizes
lot sizes
Maxi-mum-flew Retail&Office Retail &Office .5 Retail&Office .5 Retail&Office .5
ar a ratio or - 5 Civic/Governmental/I Civic/Governmental/I
Page 26 of 74
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Intensity Civic/Govern nstitution .6 nstitution .6 nstitution .6 nstitution .6
mentaltinstituti Group Housing .15 Group Housing .45 Group Housing .45
on-6 Transient Lodging Transient Lodging Transient Lodging Transient Lodging
Manufacturing 26 upa net 26 upa net 26 upa net 26 upa net
/Light
Industrial .15
Group
Housing .45
Transient
Lodging 26
upa net
Town Center
with
Community
and
Neighborhood
Goods-and
Services in Village-center-with Village ter th
Town--and Neighborhood Convenience Goods Neighborhood
Goods-and village Goods and Services and Services: and Services:
Services centers: in village centers: Minimum 10 SF Minimum 10 SF in village centers:
Minimum 65 Minimum 25 SF Minimum 25 SF
SF gross gross building ar a perms per-DU
building-area per-DU per D14
per DU;
Gefporate
Office,
Manufacturing
and Light
Industrial
Centralized or Centralized or Centralized or
decentralized
decentralized °`pt'o-°y°t"m Septic System: decentralized
community
community Centralized or Centralized-or community
treatment e e tralize+ decentralized Wastewater treatment system armed armed treatment system
Interim Well Interim Well and community community Interim Well and
and Septic Se Ptio treatment system treatment system Septic
Community
DarTs(200
Parks blic Parks&Public Parks& Public
Green-Spaces-with Green-Spaces-with
Green Spaces
with Neighborhoods Pis-Green Public Green Neighborhoods Neighborhoods ubl
Neighborhood Spaces for Spaces for Active
Recreation-and Recreat
$ Recreation/Golf Neighborhoods Neighborhoods ion/Golf
Active L6es (Minimum 1%of (Minimum 1%of Course:,
Recreation/Go Open Space gross acres) gross acres) Lie
If Courses Minimum 35%of °
Lake, SRA SRA
Open-Space
Minimum 35%,'
of SRA
Wide-Range Moderate of Moderate-Range-of
Civic, of Services ervioes m;,um Limited OeFvices Limited Services
Government minimum 15 10 SF/DU; Pre K through Pre K through 10 SF/DU;
andAnstitutional
Full Range of Elementary Schools Elementary Schools Full Range of
Services Full Range of
Schools Schools
Schools
Auto Auto Auto Auto Auto
interconnecte interconnected interconnected interconnected interconnected
Transportation d system of system of collector system of local system of local for
collector-and and local roads; roads roads and local roads;
local roads; Pedestrian Pedestrian required connection
Page 27 of 74
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required to collector or Pathways Pathways to collector or
connection-to arterial Equestrian Trails Equestrian Trails arterial
collector-or Interconnected Interconnected
arterial sidewalks-and sidewalk- and
Interconnects pathway-system pathway-s.ystem
el-sidewalk Equestrian Trails Equestrian Trails
and pathway County Transit County Transit
system access access
County Transit
access
* Towns are prohibited within the ACSC, per_section 4.08.07 A.2. of this Code.
** Villages, Hamlets, and Compact Rural developments within the ACSC are subject to
FAC.
density Bonus or through the density blending provision, per policy 4.7.
**** Those CRDs that include single or multi family residential uses shall include proportionate
support services.
Underlined uses are not required uses.
{remainder of this page purposefully left blank)
Page 28 of 74
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Table A -Town
Typical Town
Characteristics (Towns are prohibited within the ACSC, per LDC section 4.08.07 A.2.b.)
Size (Gross Acres). 1,000-4,000 acres
Residential Units 1-4 DUs per gross acre
(DUs) per gross (Density can be increased beyond the base density through the
acre base density affordable workforce housing density bonus or through the density
blending provision, per RLSA policy 4.7 in the FLUE of the GMP.)
Required Uses Uses Allowed But Not
Required
Residential Housing Full range of single family and multi-
Styles family housing types, styles, lot sizes
Maximum Floor Retail & Office - .5 Manufacturing/Light
Industrial - .45
Area Ratio or Group Housing - .45
Intensity Civic/Governmental/Institution - .6 Transient Lodging - 26 upa net
Town Center with Community and
Goods and Services Neighborhood Goods and Services in Corporate Office, Manufacturing
Town and Village Centers: Minimum and Light Industrial
65 SF gross building area per DU
Water and Centralized or decentralized Interim Well and Septic
Wastewater community treatment system
Community Parks (200 SF/DU)
Recreation and Parks & Public Green Spaces w/n Active Recreation/Golf Courses
Open Space Neighborhoods
Lakes
Open Space Minimum 35% of SRA
Civic, Governmental Wide Range of Services - minimum
and Institutional 15 SF/DU Full Range of Schools
Services
Auto - interconnected system of
collector and local roads; required
connection to collector or arterial
Transportation Interconnected sidewalk and
pathway system
ICounty Transit Access
Page 29 of 74
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Table B -Village
Typical
Characteristics Village
100-1,000 acres
Size (Gross Acres) (Villages within the ACSC are subject to location and size limitations per
LDC section 4.08.07.A.2. and are subject to Chapter 28-25, FAC.)
Residential Units 1-4 DUs per gross acre
(DUs) per gross acre (Density can be increased beyond the base density through the
base density affordable workforce housing density bonus or through the density
blending provision, per RLSA policy 4.7 in the FLUE of the GMP.)
Required Uses Uses Allowed But Not
Required
Residential Housing Diversity of single family and multi-
Styles family housing types, styles, lot sizes
Maximum Floor Area Retail & Office - .5 Group Housing - .45
Ratio or Intensity Civic/Governmental/Institution - .6 Transient Lodging - 26 upa net
Village Center with Neighborhood
Goods and Services Goods and Services in Village
Centers: Minimum 25 SF gross
building area per DU
Water and Centralized or decentralized Interim Well and Septic
Wastewater community treatment system
Parks & Public Green Spaces w/n
Neighborhoods (minimum 1% of
Recreation and gross acres1 Active Recreation/Golf Courses
Open Space Lakes
Open Space Minimum 35% of SRA
Civic, Governmental Moderate Range of Services -
and Institutional minimum 10 SF/DU Full Range of Schools
Services
1
Auto - interconnected system of
collector and local roads; required
Transportation connection to collector or arterial Equestrian Trails
Interconnected sidewalk and County Transit Access
pathway system
Page 30 of 74
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Table C — Hamlet
Typical Hamlet
Characteristics
40-100 acres
Size (Gross Acres) (Hamlets within the ACSC are subject to location and size limitations
per LDC section 4.08.07.A.2. and are subject to Chapter 28-25, FAC.)
Residential Units 1/2-2 DUs per gross acre
(DUs) per gross acre (Density can be increased beyond the base density through the
base density affordable workforce housing density bonus or through the density
blending provision, per RLSA policy 4.7 in the FLUE of the GMP.
Required Uses Uses Allowed But Not
Required
Residential Housing Single Family Limited Multi-family
Styles
Civic/Governmental/
Maximum Floor Area Institution - .6
Ratio or Intensity Retail & Office - .5 Group Housing - .45
Transient Lodging - 26 upa net
Convenience Goods and Services:
Goods and Services Minimum 10 SF gross building area
per DU
Water and Individual Well and Septic System Centralized or decentralized
Wastewater community treatment system
Recreation and Open Public Green Space for
o
Space Neighborhoods (minimum 1% of
gross acres1
Civic, Governmental Limited Services
and Institutional Pre-K through Elementary
Services Schools
Auto - interconnected system of local
Transportation roads Equestrian Trails
Pedestrian Pathways
Page 31 of 74
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Table D.1- Compact Rural Development— 100 Gross Acres or Less In Size
Typical Compact Rural Development— 100 Gross Acres or Less
Characteristics
(Compact Rural developments within the ACSC are subject to
location and size limitations, LDC section 4.08.07.A.2. of this Code,
and are subject to Chapter 28-25, FAC.)
Residential Units (DUs) 1/2-2 DUs per gross acre
per gross acre base (Density can be increased beyond the base density through the
density affordable workforce housing density bonus or through the density
blending provision, per RLSA policy 4.7 in the FLUE of the GMP.)
Required Uses Uses Allowed
But Not Required
Single Family and limited multi-
Residential Housing family (Those CRDs that include
Styles single or multi-family residential
uses shall include proportionate
support services.)
Retail & Office - .5
Maximum Floor Area Civic/Governmental/Institution -
Ratio or Intensity .6
Group Housing - .45
Transient Lodging - 26 upa net
Convenience Goods and
Goods and Services Services: Minimum 10 SF gross
building area per DU
Water and Wastewater Individual Well and Septic Centralized or decentralized
System community treatment system
Recreation and Open Public Green Space for
Space Neighborhoods (minimum 1% of
gross acres)
Civic, Governmental Limited Services
and Institutional Pre-K through Elementary
Services Schools
Auto - interconnected system of
Transportation local roads Equestrian Trails
Pedestrian Pathways
Page 32 of 74
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Table D.2 - Compact Rural Development—Greater Than 100 Gross Acres In Size
Typical Compact Rural Development—Greater Than 100 Gross Acres
Characteristics
(Compact Rural developments within the ACSC are subject to location and
size limitations, LDC section 4.08.07.A.2. of this Code, and are subject to
Chapter 28-25, FAC.)
Residential Units (DUs) 1-4 DUs per gross acre
per gross acre base (Density can be increased beyond the base density through the affordable
density workforce housing density bonus or through the density blending provision,
per RLSA policy 4.7 in the FLUE of the GMP.)
Required Uses Uses Allowed
But Not Required
Single Family and limited multi-family
Residential Housing (Those CRDs that include single or
Styles multi-family residential uses shall
include proportionate support
services.)
Retail &Office- .5
Maximum Floor Area Civic/Governmental/Institution - .6
Ratio or Intensity Group Housing - .45
Transient Lodging -26 upa net
Village Center with Neighborhood
Goods and Services Goods and Services in Village
Centers: Minimum 25 SF gross
building area per DU
Water and Wastewater Centralized or decentralized Interim Well and Septic System
community treatment system
Parks & Public Green Spaces w/n
Neighborhoods (minimum 1% of
Recreation and Open gross acres)
Space Active Recreation/Golf Courses
Lakes
Open Space Minimum 35% of SRA
Moderate Range of Services-
Civic, Governmental and minimum 10 SF/DU
Institutional Services
Pre-K through Elementary Schools
Auto - interconnected system of
collector and local roads; required Equestrian Trails
Transportation connection to collector or arterial
Interconnected sidewalk and County Transit Access
pathway system
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b. Streets within SRAs shall be designed in accord with the cross-sections
set forth in Figures 1-18 below, as more specifically provided in J.2
through J.5. Alternatively, Collier County Transportation Services may
approve additional cross-sections as needed to meet the design
objectives. Deviations from the cross sections set forth in Figures 1-18
may be requested in the SRA Development Document or an amendment
to the SRA Development Document. Please see LDC section 4.08.07
J.8 for the deviation requirements and criteria.
(1) Figure 1: Town Core/Center.
2. Town Design Criteria.
a. General design criteria.
ix. Shall provide sufficient transition to the adjoining use, such as
active agriculture, pasture, rural roadway, etc., and Gempatability
compatibility through the use of buffering, open space, land
use, or other means;
x. Shall include a minimum of three Context Zones: Town Core,
Town Center and Neighborhood General, each of which shall
blend into the other without the requirements of buffers;
xi. May include the Context Zone of Neighborhood Edge; and
xii. Shall allow signs typically permitted in support of residential uses
including for sale, for rent, model home, and temporary
construction signs. Specific design and development standards
shall be set forth in the SRA document for such signs permitted in
residential areas or in conjunction with residential uses.
xiii. To the extent that section 5.05.08 is applicable within the Urban
designated area, SRA Architectural Design Standards shall
comply with the provisions of section 5.05.08, unless additional or
different design standards that deviate from section 5.05.08, in
whole or part, are submitted to the County as part of the SRA no
later than when the first SRA Site dDevelopment Document
plan or any amendment to the SRA Development Document. -is
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See LDC section 4.08.07 J.8 for the
deviation requirements and criteria.
xiv. To the extent that section 4.06.00 is applicable within the Urban
designated area, SRA Landscape Design and Installation
Standards shall comply with the provisions of section 4.06.00,
unless additional or different design and installation standards that
deviate from section 4.06.00, in whole or in part, are submitted to
the County as part of the no later than when the first SRA Site
dDevelopment Document plan or any amendment to the SRA
Development Document. . Please see
LDC section 4.08.07 J.8 for the deviation requirements and
criteria.
d. Context Zones. Context Zones are intended to guide the location of uses
and their intensity and diversity within a Town, and provide for the
establishment of the urban to rural continuum.
Town Core. The Town Core shall be the civic center of a Town. It
is the most dense and diverse zone, with a full range of uses
within walking distance. The Core shall be a primary pedestrian
zone with buildings positioned near the right-of-way, wide
sidewalks shall be shaded through streetscape planting, awnings
and other architectural elements. Parking shall be provided on
street and off street in the rear of buildings within lots or parking
structures. Signage shall be pedestrian scale and designed to
compliment complement the building architecture. The following
design criteria shall apply within the Town Core, with the
exception of civic or institutional buildings, which shall not be
subject to the building height, building placement, building use,
parking, and signage criteria below, but, instead, shall be subject
to specific design standards set forth in the SRA development
Document and approved by the BCC that address the perspective
of these buildings' creating focal points, terminating vistas and
significant community landmarks.
* * * * * * * * * * * * *
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iii. Neighborhood General. Neighborhood General is predominately
residential with a mix of single and multi-family housing.
Neighborhood scale goods and services, schools, parks and open
space diversify the neighborhoods. The interconnected street
pattern is maintained through the Neighborhood General to
disperse traffic. Sidewalks and streetscape support the
pedestrian environment. The following design criteria shall apply
within Neighborhood General:
d) The SRA dDevelopment Document shall set forth the
development standards for all allowable types of single-
family development, which shall, at a minimum, adhere to
the following:
i) The minimum lot area shall be 1,000 square feet.
* * * * * * * * * * * * *
iv. Neighborhood Edge (optional). Neighborhood Edge is
predominately a single-family residential neighborhood. This zone
has the least intensity and diversity within the Town. The mix of
uses is limited. Residential lots are larger and more open space
is evident. The Neighborhood Edge may be used to provide a
transition to adjoining rural land uses. The following standards
shall apply with the Neighborhood Edge:
a) The permitted uses within the Neighborhood Edge are
residential, parks, open space, golf courses, schools,
essential services, and accessory uses.
b) Building heights shall not exceed 2 stories.
c) Lots shall have a minimum area of 5000 square feed feet
with lot dimensions and setbacks to be further defined
with the SRA development Document.
* * * * * * * * * * * * *
v. Special District (optional). The Special District is intended to
provide for uses and development standards not otherwise
provided for within the Context Zones. Special Districts would be
primarily single use districts, such as universities, business parks,
medical parks and resorts that require unique development
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standards to ensure corripatabicom patibility with
surrounding neighborhoods. The location of Special Districts shall
be illustrated on the SRA Master Plan, and uses and
development standards shall be defined in detail within the SRA
development application for review by Collier County staff.
Special Districts could be for uses such as Universities, business
or industrial parks, retirement communities, resorts, etc.
3. Village Design Criteria.
a. General criteria.
vi. The SRA document shall demonstrate the urban to rural transition
occurring at the Villages limits boundary provides sufficient
transition to the adjoining use, such as active agriculture, pasture,
rural roadway, etc., and compatibility through the
use of buffering, open space, land use, or other means.
vii. Shall allow signs typically permitted in support of residential uses
including for sale, for rent, model home and temporary
constructions signs. Specific design and development standards
shall be set forth in the SRA document for such signs permitted in
residential areas or in conjunction with residential uses.
viii. To the extent that section 5.05.08 is applicable within the Urban
designated area, SRA Architectural Design Standards shall
comply with the provisions of section 5.05.08, unless additional or
different design standards that deviate from section 5.05.08, in
whole or part, are submitted to the County no later than when the
first SRA Site dDevelopment Document plan is submitted for
approval.
ix. To the extent that section 4.06.00 is applicable within the Urban
designated area, SRA Landscape Design and Installation
Standards shall comply with the provisions of section 4.06.00,
unless additional or different design and installation standards that
deviate from section 4.06.00, in whole or in part, are submitted to
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the County no later than when the first SRA Site dDevelopment
Document plan is submitted for approval.
8. Requests for Deviations from the LDC. The SRA Development Document or any
amendments to the SRA Development Document may provide for
nonprocedural deviations from the LDC, provided that all of the following are
satisfied:
a. The deviations are consistent with the RLSA Overlay; and
b. The deviations further the RLSA District Regulations and are consistent
- •- - - . .- .
expressly prohibits deviation; and
eb. It can be demonstrated that the proposed deviation(s) further enhance the
tools, techniques and strategies based on principles of innovative
planning and development strategies, as set forth in §§ 163.3177 (11),
F.S. and Chapter 9J 5.006(5)(L), F.A.C.
* * * * * * * * * * * * *
L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this
Section shall be prepared and submitted as part of the SRA Designation Application
Package. At a minimum, the analysis shall consider the following public facilities and
services: transportation, potable water, wastewater, irrigation water, stormwater
management, solid waste, parks, law enforcement, emergency medical services, fire,
and schools. Development phasing and funding mechanisms shall address any adverse
impacts to adopted minimum levels of service pursuant to the Chapter 6 of the LDC.
1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its
development, as a whole, will be fiscally neutral or positive to the Collier County
tax base;, at the end of ach phase, or every five (5) y ars, whichever occurs
, . -= - -- - - -- -- - -- . This demonstration will be made for each
unit of government responsible for the services listed below above, using one of
the following methodologies:
a. Collier County Fiscal Impact Model. The fiscal impact model officially
adopted and maintained by Collier County.
b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal
impact model as indicated above, the applicant may develop an
alternative fiscal impact model using a methodology approved by Collier
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County. The BCC may grant exceptions to this policy of fiscal neutrality to
accommodate affordable or workforce housing.
2. Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA
shall submit to Collier County a fiscal impact analysis report ("Report") every five
(5) years until the SRA is ninety (90) percent built out. The Report will provide a
fiscal impact analysis of the project in accord with the methodology outlined
above.
3-2. Imposition of Special Assessments. If the Report identifies a negative fiscal
impact of the project to a unit of local government referenced above, the
landowner will accede to a special assessment on his property to offset such a
shortfall or in the alternative make a lump sum payment to the unit of local
government equal to the present value of the estimated shortfall far—a—period
covering the previous phase (or five year interval). The BCC may grant a waiver
to accommodate affordable housing.
4-3. Special Districts Encouraged in SRAs. The use of community development
districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service
Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs.
When formed, the special districts shall encompass all of the land designated for
development in the SRA. Subsequent to formation, the special district will enter
into an Interlocal Aegreement with the County to assure fiscal neutrality. As
outlined above, if the monitoring reveals a shortfall of net revenue, the special
district will impose the necessary remedial assessment on lands in the SRA.
SUBSECTION 3.1. AMENDMENTS TO SECTION 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.
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1. The maximum size limitation shall apply to each sign structure or skin area,
whichever is applicable. Pole or ground signs may be placed back to back or in
V-type construction, when both sides bear the same graphic display; then such
sign structure shall be considered as one sign.
7. The permit and or application 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
height.
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 signs and all projecting signs.
11. Sign area shall be no lower than 24 inches above grade.
* * * * * * * * * * * * *
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:
1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, having
frontage of 150 feet or more on a public street, or combined public street
frontage of 220 linear feet or more for corner lots, shall be permitted one pole or
ground sign. Additional pole or ground signs may be permitted provided that
there is a minimum of a 1,000 foot separation between such signs, each sign is
separated by a minimum of 1,000 feet as measured along the street frontages
and all setback requirements are met. In no case shall the number of pole or
* * * * * * * * * * * *
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f. Ground signs for smaller lots. Single occupancy or multiple occupancy
parcels shall be allowed 1 ground sign provided the following minimum
requirements, as applicable, are met:
For those lots or parcels with public road frontage of no less
than 1-99 75 feet, but up to 149.9 feet, or a combined public street
frontage of no less than 150 feet but less than 219.9 feet for
corner lots or parcels:
a) No portion of the ground sign may be located closer than
10 feet from any property line.
b) A landscaping area of no less than 100 square feet shall
be provided around the base of the ground sign.
c) The ground sign design shall include features common to
those used in the design of the building(s) to which the
sign is accessory.
d) The ground sign may be double-sided but cannot be
placed in a V-shape.
e) Any illumination of the sign shall be non-revolving and
shine away from any right-of-way:, unless otherwise
provided for in this section. An electrical permit is required
and the sign shall meet the standards of the National
Electric Code, as adopted by Collier County.
f) The Official Address Numbers and/or the range of Official
Address Numbers for the property shall be displayed in
numerals at least 8 inches high on all of the sign faces
and shall be located so as to not be covered by
landscaping or other impediments; Address numbers shall
not count as sign message or graphics, unless address
numbers exceed 12 inches in height.
g) No other freestanding signs shall be allowed on the same
lot or parcel.
ii. Maximum height and sign area.
a) For those lots or parcels with frontage of 121 to 149.9
feet, or a combined public street frontage of no less than
150 feet for corner lots or parcels but less than 219.9
feet:
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a)-j The ground sign shall be limited to 8 feet in height,
as measured from the lowest centerline grade of
the nearest public road to the uppermost portion of
the sign structure regardless of the roadway
classification; and
iii The maximum allowable sign area is 32 square
feet.
iigib) In addition, For those lots or parcels with frontage of 1-00
75 to 120.9 feet:
a-)--il The ground sign shall be limited to 6 8 feet in
height, as measured from the lowest centerline
grade of the nearest public road to the uppermost
portion of the sign structure regardless of the
roadway classification; and
la)-111 The maximum allowable sign area is 16 square
feet.
* * * * * * * * * * * *
3. Directory Signs. Multiple-occupancy parcels or multiple parcels developed
under a unified development plan, with a minimum of 8 independent units, and
containing X000-20,000 square feet or more of leasable floor area will shall be
permitted 1 directory sign at one entrance on each public street.
permitted for 1 single entrance on each public street.
a. The maximum height for directory signs is limited to 20 feet. 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. Directory signs shall not be closer than 1-5-10 feet from the property line,
unless otherwise noted below or as provided for in section 9.03.07.
c. Maximum allowable sign area: 150 200 square feet for directory signs.
d. A minimum 100 square foot landscaping area shall be provided around
the base of any directory sign.
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SUBSECTION 3.J. AMENDMENTS TO SECTION 10.02.04 REQUIREMENTS FOR
PRELIMINARY AND FINAL SUBDIVISION PLATS
Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.04 Requirements for Preliminary and Final Subdivision Plats
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.
SUBSECTION 3.K. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR
PERMITS
Section 10.02.06 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 Requirements for Permits
* * * * * * * * * * * * *
G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below,
the The following activities seaward of the e- - - -- .e- - - - - Coastal
Construction Setback Line shall require either a 1) Coastal Construction Setback Line
(CCSL) permit; 2) Site Development Plans, Site Improvement Plans and Amendments
thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final
Subdivision Plat (PPL) pursuant to LDC section 10.02.04. A --- - - - - -- :e.
-
Zoning Appeals shall be required pursuant to the variance criteria set forth in LDC
ccction 9.04.06. The appropriate fee as set by county resolution shall be submitted with
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permit application. All required Federal, State, and County permits shall be obtained
prior to commencement of construction.
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.
4. Exemptions from CCSL permit. The following activities shall not require a CCSL
permit. All required Federal, State, and County permits shall be obtained prior to
commencement of construction.
4 a. Certain activities approved by the BCC that may temporarily alter ground
elevations such as artificial beach nourishment projects,- or 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 fcc shall be
$400.00 for these beech nourishment permits.
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b. Implementation of Federal, State, or County approved preserve or listed
species management plans on publically owned land designated as
parks, preserves, or mitigation areas.
c. Implementation of County approved preserve or listed species
management plans on privately owned land pursuant to LDC section
3.05.07 H.
d. Hand removal of prohibited exotic and non-native vegetation in
accordance with LDC sections 3.05.02 G.
5. All other activities seaward of the CCSL shall require a variance, pursuant to
LDC section 9.04.06.
6. & Penalty and civil remedies.
* * * * * * * * * * * * *
SUBSECTION 3.L. AMENDMENTS TO SECTION 10.02.07 REQUIREMENTS FOR
CERTIFICATES OF PUBLIC FACILITY ADEQUACY
Section 10.02.07 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 Requirements for Certificates of Public Facility Adequacy
* * * * * * * * * * * * *
B. Exemptions. The following are exempt from this section:
* * * * * * * * * * * * *
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 Growth Management Plan.
5. Temporary use permits and any subsequent renewals not to exceed a
cumulative period of 1 year.
* * * * * * * * * * * * *
C. Certificate of Public Facility Adequacy (COA) for Roadways.
* * * * * * * * * * * * *
2. Issuance of a COA for roadways.
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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:
* * * * * * * * * * * * *
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 C.2.a. within the 1 year of Traffic Capacity Reservation shall require
the applicant to re-apply for a COA.
d. If a final local development order identified in LDC subsection 10.02.07
C.2 a 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.
* * * * * * * * * * * * *
D. Process for Certificate of Public Facility Adequacy for Roadways.
* * * * * * * * * * * * *
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
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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.
c. In the event that the estimated transportation impact fees are 100% paid
for all development identified in the COA and such estimate exceeds the
projected calculation of the required transportation impact fees, the
remaining balance may be transferred to another approved project within
the same, or adjacent, transportation impact fee district.
3. Appeal of public facilities determination. Appeals shall be consistent with Code of
Laws and Ordinances section 250-58.
SUBSECTION 3.M. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
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 amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions.
* * * * * * * * * * * * *
1. The following advertised public hearings are required, except for minor
• _
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:
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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.
M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments.
1. The following advertised public hearings are required:
a. SRA designation or SRA substantial change:
One EAC hearing, if required.
ii. One Planning Commission hearing.
iii. One BCC hearing.
b. SRA insubstantial change:
One Planning Commission or Hearing Examiner hearing.
ii. If heard by the Planning Commission, one BCC hearing.
2. The following notice procedures are required:
a. SRA designation or SRA substantial change:
A NIM. See LDC section 10.03.05 A.
ii. Mailed Notice prior to the first advertised public hearing.
iii. Newspaper Advertisement prior to each advertised public hearing
in accordance with F.S. § 125.66.
iv. Posting of a sign prior to the first advertised public hearing.
v. Mailed Notice shall be sent to each real property owner within the
area covered by the proposed application prior to the advertised
BCC public hearing.
b. SRA insubstantial change:
A NIM. See LDC section 10.03.05 A.
ii. Mailed Notice prior to the advertised public hearing.
iii. Newspaper Advertisement prior to the advertised public hearing.
iv. Posting of a sign prior to the advertised public hearing.
v. Mailed Notice shall be sent to each real property owner within the
area covered by the proposed application prior to the advertised
public hearing.
* * * * * * * * * * * * *
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SUBSECTION 3.N. AMENDMENTS TO APPENDIX A — STANDARD
PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
IMPROVEMENTS
APPENDIX A Standard Performance Security Documents For Required Improvements, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
APPENDIX A Standard Performance Security Documents For Required Improvements
The following specimen forms are to be used as a guide for preparation of bonding
instruments which will be submitted to the Collier County Board Of County Commissioners for
guaranteeing the completion of required improvements with respect to this Code. Adherence to
the forms will assure an expeditious review by the Development Services Department Division
and the Collier County Attorney's Office. Deviation in substance or form from the suggested
specimen forms may result in a substantial delay or disapproval of the bonding provisions for
Required Improvements by the Development Services Department Division or the County
Attorney's Office. These specimen forms may be revised from time to time by resolution of the
Board of County Commissioners.
Appendix A consists of the following specimen forms:
A.1. Subdivision Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Construction, Maintenance, and Escrow Agreement For Subdivision
Improvements
d. Construction and Maintenance Agreement For Subdivision Improvements
A.2. Excavation Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Performance Agreement
A.3. Early Work Improvements
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a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Performance Agreement
A.4. Site Development Plan Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Performance Agreement
{remainder of this page purposefully left blank)
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A.1. Subdivision Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter
"Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one-year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's
current business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") do Engineering Scrvicec) Growth Management Department, 2800 North
Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of
Applicant) has failed to construct and/or maintain the improvements associated with that certain
plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to
Collier County has not been performed prior to the date of expiry, and satisfactory alternative
performance security has not been provided to and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated
(insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be
presented for proper endorsement. Draft(s) may be presented within the State of Florida at the
following address (list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
Page 51 of 74
Words struck through are deleted,words underlined are added
terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
(remainder of this page purposefully left blank)
Page 52 of 74
Words struck through are deleted, words underlined are added
b. The Performance Bond shall be substantially as follows:
PERFORMANCE BOND
c. The Construction, Maintenance and Escrow Agreement for Subdivision
Improvements shall be substantially as follows:
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this day of , 20 by (description of
entity) (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, (hereinafter"The Board") and (hereinafter"Lender").
11. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer and the
Lender.
IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this
Agreement to be executed by their duly authorized representatives this day of
, 20
SIGNED IN THE PRESENCE OF: (Name of entity)
(Developer)
By:
Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed name-Name
SIGNED IN THE PRESENCE OF: (Name of entity)
( Lender)
By:
Printed Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
Page 53 of 74
Words struck through are deleted,words underlined are added
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legal sufficiency
legality:
Assistant County Attorney
d. The Construction and Maintenance Agreement for Subdivision Improvements
shall be substantially as follows:
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this day of 20 between
hereinafter referred to as "Developer," and the Board of County Commissioners
of Collier County, Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as:
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:
within months from the date of approval of said subdivision plat,
said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$ which amount represents 10% of the total contract cost to
complete construction plus 100% of the estimate cost of to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete
such improvements within the time required by the Land Development Code,
Page 54 of 74
Words struck rough are deleted,words underlined are added
Collier County, may call upon the subdivision performance security to insure
satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project
records have been furnished to be reviewed and approved by the County
Manager or his designee for compliance with the Collier County Land
Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of
his preliminary approval of the improvements; or b) notify the Developer in writing
of his refusal to approve improvements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the County Manager's approval
of the improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of
this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After
the one year maintenance period by the Developer has terminated, the
Developer shall petition the County Manager or his designee to inspect the
required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the Collier County Land
Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for and by
the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or his
designee to reduce the dollar amount of the subdivision performance security on
the basis of work complete, Each request for a reduction in the dollar amount of
the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project
records necessary for review by the County Manager or his designee. The
County Manager or his designee may grant the request for a reduction in the
amount of the subdivision performance security for the improvements completed
as of the date of the request.
7. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his
designee may call upon the subdivision performance security to secure
satisfactory completion, repair and maintenance of the required improvements.
The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and
acceptance of bids, the improvements required herein. The Developer, as
principal under the subdivision performance security, shall be liable to pay and to
indemnify the Board, upon completion of such construction, the final total cost to
the Board thereof, including, but not limited to, engineering, legal and contingent
Page 55 of 74
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costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the
provisions of this Agreement.
10. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the
Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of , 20_
SIGNED IN THE PRESENCE OF: (Name of entity)
By:
Printed name Name
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed name-Name
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk By.
Chairman
Approved as to form and legal sufficiency
legality:
Assistant County Attorney
A.2. Excavation Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter"Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of issue), and
shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue
Page 56 of 74
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unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in
writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's current
business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary")
c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of Applicant) has failed to
construct and/or maintain the excavation improvements associated with Excavation Permit No.
, or prior to the date of expiry final approval of the excavation has not been granted by
Collier County as required by Collier County Ordinances and Resolutions, and the Applicant failed to
provide the County with a satisfactory alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name
of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of
issue.)" The original Letter of Credit and all amendments, if any, must be presented for proper
endorsement. Draft(s) may be presented within the State of Florida at the following address (list Florida
address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not
in any way be modified, amended, or amplified by reference to any document, instrument, or agreement
referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed
to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this
Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision)
International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
Page 57 of 74
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b. The Performance Bond for Excavation Work shall be substantially as follows:
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has
submitted for approval by the Board a certain excavation permit no. and that
certain excavation permit shall include specific improvements which are required by Collier
County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This
obligation of the Surety shall commence on the date this Bond is executed and shall continue
until the date of completion of the work and approval by the County of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period") or until replaced by a new bond in the event of a change of Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations
and duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages
which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the
County all outlay and expense which the County may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and
agrees that no change, extension of time, alteration, addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
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amended automatically and immediately, without formal and separate amendments hereto, so
as to bind the Owner and the Surety to the full and faithful performance in accordance with the
Land Development Regulations. The term "Amendment," wherever used in this Bond, and
whether referring to this Bond, or other documents shall include any alteration, addition or
modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of , 20 .
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of
(SEAL)
Printed Name
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of
(SEAL)
Printed Name
Page 59 of 74
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c. The Performance Agreement for Excavation shall be substantially as follows:
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
, 20 between hereinafter referred to as "Developer," and the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. (the "Excavation
Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
3. In the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall
have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
Page 60 of 74
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the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of , 20 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
By:
Printed Name Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
Page 61 of 74
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A.3. Early Work Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter
"Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one-year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's
current business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples,
Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of
Applicant) has failed to construct and/or maintain the early work improvements associated with
Page 62 of 74
Words struck through are deleted,words underlined are added
Early Work Authorization Permit No. , or prior to the date of expiry a
subsequent final development order, such as site development plan or plat, has not been
approved by Collier County as required by Collier County Ordinances and Resolutions, and the
Applicant failed to provide the County with a satisfactory alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated
(insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be
presented for proper endorsement. Draft(s) may be presented within the State of Florida at the
following address (list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of
Authority)
Page 63 of 74
Words struck through are deleted,words underlined are added
b. The Performance Bond for Early Work Authorization shall be substantially as
follows:
PERFORMANCE BOND FOR EARLY WORK AUTHORIZATION
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has
submitted for approval by the Board a certain Early Work Authorization Permit No.
and that certain Early Work Authorization shall include specific improvements
which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation of the Surety shall commence on the date this Bond
is executed and shall continue until the completion of the work and approval by the County of
the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SDP) or Subdivision
Plat and Plans (PPL) (hereinafter the "Guaranty Period"), or until replaced by a new bond in the
event of a change in Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations
and duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages
which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the
County all outlay and expense which the County may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and
agrees that no change, extension of time, alteration, addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
Page 64 of 74
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PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments hereto, so
as to bind the Owner and the Surety to the full and faithful performance in accordance with the
Land Development Regulations. The term "Amendment," wherever used in this Bond, and
whether referring to this Bond, or other documents shall include any alteration, addition or
modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of , 20 .
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of
(SEAL)
Printed Name
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public- State of
(SEAL)
Printed Name
Page 65 of 74
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c. The Performance Agreement for Early Work shall be substantially as follows:
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this day of
, 20 , between hereinafter referred to as "Developer," and
the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for an early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01.02.B
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. (the "Early Work Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
2. Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
3. In the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
4. The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early Work.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the early performance security to secure satisfactory completion,
repair and maintenance of the Early Work. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the Early Work. The
Developer, as principal under the early performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final
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total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential,
which the Board may sustain on account of the failure of Developer to fulfill all of
the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of , 20 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
By:
Printed Name Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
Page 67 of 74
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A.4. Site Development Plan Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter
"Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one-year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's
current business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples,
Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of
Applicant) has failed to construct and/or maintain the improvements associated with the Site
Development Plan known as (insert name of Site Development Plan), PL#
, or prior to the date of expiry satisfactory final inspection of the
Site Development Plan improvements has not been performed by Collier County as required by
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Collier County Ordinances and Resolutions, and the Applicant failed to provide the County with
a satisfactory alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated
(insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be
presented for proper endorsement. Draft(s) may be presented within the State of Florida at the
following address (list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
Page 69 of 74
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b. The Performance Bond for Site Development Plans shall be substantially as follows:
PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received
approval of a certain Site Development Plan named and that certain Site
Development Plan includes specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of
the Surety shall commence on the date this Bond is executed and shall continue until the
completion of the work and the date of satisfactory final inspection by the County of the specific
improvements described in the Site Development Plan pursuant to the Land Development
Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a
change in Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations
and duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages
which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the
County all outlay and expense which the County may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and
agrees that no change, extension of time, alteration, addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments hereto, so
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as to bind the Owner and the Surety to the full and faithful performance in accordance with the
Land Development Regulations. The term "Amendment," wherever used in this Bond, and
whether referring to this Bond, or other documents shall include any alteration, addition or
modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of , 20 .
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of
(SEAL)
Printed Name
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public- State of
(SEAL)
Printed Name
Page 71 of 74
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c. The Performance Agreement for Site Development shall be substantially as
follows:
SITE DEVELOPMENT PERFORMANCE AGREEMENT
THIS SITE DEVELOPMENT PERFORMANCE AGREEMENT entered into this
day of , 20 , between hereinafter referred to as "Developer,"
and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for site development plan approval in accordance
with the Collier County Land Development Code including but not limited to Section 10.02.03.D
(collectively, the "Site Development Plan Regulations"); and
WHEREAS, the Site Development Plan Regulations require Developer to post
appropriate performance guarantees to ensure compliance with the Site Development Plan
Regulations and Site Development Plan Approval No. (the "Site Development
Plan Approval").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Site Development Plan Regulations and the
Site Development Plan Approval (the "Site Development").
2. Developer herewith tenders its site development performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of
3. In the event of default by the Developer or failure of Developer to complete the
Site Development within the time required by the Site Development Plan
Regulations and Site Development Plan Approval, Collier County, may call upon
the site development performance security to ensure satisfactory completion of
the Site Development.
4. The Site Development shall not be considered complete until Developer notifies
the County that the Site Development is complete and the final Site Development
is reviewed and approved by the County Manager or designee for compliance
with the Site Development Plan Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Site Development is complete, either:
a) notify Developer in writing of his approval of the Site Development; or b) notify
Developer in writing of his refusal to approve the Site Development, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Site Development.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the site development performance security to secure satisfactory
completion, repair and maintenance of the Site Development. The Board shall
have the right to construct and maintain, or cause to be constructed or
Page 72 of 74
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maintained, pursuant to public advertisement and receipt and acceptance of bids,
the Site Development. The Developer, as principal under the site development
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of , 20 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
By:
Printed Name Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
Page 73 of 74
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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 shall 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. 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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 7th day of July, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT<E OC1CLERK OF COLLIER COUNTY, FLORIDA
At. e
- ' x
k By:
Attest a 81 "'"'� ,_ t =1`' TIM NANCE, Chairman
signature o ,:'
Approv01 as to form an legality:
Scott A. Stone
Assistant County Attorney
04-CMD-0 1 077/170 1 (6/29/15,#2) This ordinance filed with the
Secretary of tote's Off /S e
—line day of 4.1_04--
..
and acknowledgernen of that
filin. received t}�is �h day
of U/
By
Dap C�
Page 74 of 74
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1.--
T'ttE S�'
c",„;:%---...14 ap,.
i
i
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 9, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-44, which was filed in this office on July 9, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us