Ordinance 2017-12 ORDINANCE NO. 17 — 12
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 SIX —
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER
MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03
STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS,
TWO-FAMILY DWELLING UNITS, AND DUPLEXES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2016; 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
Page 1 of 11
Words struel-through struck-throughare deleted,words underlined are added
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on March 14, 2017 and April 11, 2017, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
Page 2 of 11
Words struck through are deleted,words underlined are added
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.
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,
Page 3 of 11
Words struck through are deleted,words underlined are added
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 6.05.01 WATER MANAGEMENT
REQUIREMENTS
Section 6.05.01 Water Management Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
Section 6.05.01 Water Management Requirements
E. Any canal which forms a part of the public water management system shall be dedicated
for care and maintenance per the requirements of the governmental agency which has
jurisdiction. Canals located entirely within the subdivision and which do not form a part
of the public water management system shall be dedicated to the public, without the
responsibility for maintenance, as a drainage easement. A maintenance easement, of a
size acceptable to the County Manager or designee or other governmental agency with
maintenance responsibility, shall be provided adjacent to the established drainage
easement, or the drainage easement created must be of a size suitable for the
proposed canal and its maintenance.
Page 4 of 11
Words struck through are deleted, words underlined are added
1. Applicability. Any application for a building permit to allow the development or
after July 1, 2008, except for the following conditions:
a. Any application within the boundaries of development projects that have:
(1) been permitted by the South Florida Water Management District for
(2) have a central surface water management collection, storage,
treatment and discharge system;
b. A one time addition is allowed for certain sized homes, as set forth below;
of
and sealed by a registered Florida Profe.sional Engineer.
Table 6.05.01 F.
Lot Size Lot-Coverage Impervieus-Area-Goverage
Under 11,000 sq. ft. 2594 4&%
11,000 sq. ft. to 52,999 sq. ft. 2,750 sq. ft. +5% of area in 1, 400 sq. ft. +5% of area in
and 100 ft. or greater in width excess of 11,000 sq. ft. cxce of 11,000 sq. ft.
11,000 sq. ft. to 52,999 sq. ft. 2,750 sq. ft. +2% of area in 1,400 sq. ft. +2% of area in
and less than 100 ft. in width excess of 11,000 sq. ft. -- € of 11,000 sq. ft.
/1,850 sq. ft. +3% of area in 6,500 sq. ft. +2% of area in
execs., of 53,000 sq. ft. cess of 53,000 sq. ft.
the total lot area shall be as provided for in Table 6.05.01 F. unless accompanied
by an engineer's analysis as specified below.
_ .A 1,1 . .'e.. - - - - - - -- -- -- - - -- - - ---- -' --- -
technician. If the site will use a drainfield/septic tank for sewage
must match that used for the drainfield design.
b. The application site plan shall—list all required separation distances
between wells, drainfield systems, and stormwater retention/detention
ar as. The calculations may be done on the site plan or may be in a
Page 5 of 11
Words struck-through are deleted, words underlined are added
--
Engineer.
c. The water surface area of swimming pools and ponds is not considered
as impervious ar a for the purposes of the calculations in Table 6.05.01
3. A one time addition to existing residence will be allowed after July 1, 2008.
The addition will be limited to 3 percent of the lot area up to a maximum of 1,000
- - e e - - ... - --
G-F. The design of the stormwater management system shall fully incorporate the
requirements of the Interim Watershed Management regulations of LDC section 3.07.00.
(**ALL REMAINING SUBSECTIONS TO BE RE-LETTERED ACCORDINGLY**)
SUBSECTION 3.B. ADDING SECTION 6.05.03 STORMWATER PLANS FOR
SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING
UNITS, AND DUPLEXES
Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units,
and Duplexes, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby added as follows:
Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units,
and Duplexes
A. Purpose. The purpose of this section is to manage stormwater runoff on lots with
single-family dwelling units, two-family dwelling units, or duplexes in order to
prevent detrimental impacts on site or to adjacent properties. This section is also
designed to provide criteria for demonstrating compliance with Collier County Code of
Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term
impervious area shall include roofed buildings, concrete and asphalt pads, cool deck
(e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area.
Additionally, the term pervious area shall include grass, crushed stone (e.q. #57),
mulch, pavers without limerock base, and unlined pond area.
B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single-
family dwellings, two-family dwellings, or duplexes with the following exceptions:
Page 6 of 11
Words struck through are deleted,words underlined are added
1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee
Urban Area Overlay district and outside the coastal urban designated area as
established in the Future Land Use Map.
2. Lots that have received a Surface Water Management or Environmental
Resource Protection permit from the South Florida Water Management District.
C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an
application for a building permit for any of the following:
1. Type I Stormwater Plans.
a. New structures, additions, pools, or decks on lots with 40 percent or
less impervious area, or as described in the following zoning districts:
RSF-1 zoned lots with 30 percent or less impervious area.
ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area
Overlay district or within the coastal urban designated area as
established in the Future Land Use Map with 30 percent or less
impervious area.
iii. Estates zoned lots with 25 percent or less impervious area.
b. New structures, additions, pools, or decks on lots that discharge directly
to a waterbody downstream of the last control structure, whether or not
the lot exceeds the impervious area thresholds in LDC section 6.05.03
C.1.a above.
2. Type II Stormwater Plans.
a. New structures, additions, pools, or decks on lots with more than 40
percent impervious area, or as described in the following zoning
districts:
RSF-1 zoned lots with more than 30 percent impervious area.
ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area
Overlay district or within the coastal urban designated area as
established in the Future Land Use Map with more than 30
percent impervious area.
iii. Estates zoned lots with more than 25 percent impervious area.
b. New structures, additions, pools, or decks on lots that discharge directly
to a waterbody upstream of the last control structure, whether or not the
lot exceeds the impervious area thresholds in LDC section 6.05.03
C.2.a above.
D. Stormwater plan criteria.
Page 7 of 11
Words struck through are deleted,words underlined are added
1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida
registered design professional, licensed contractor or owner builder. The Type I
Stormwater Plan shall demonstrate the following:
a. Stormwater runoff. Discharges from the impacted area shall be directed
into one or more of the following:
An existing surface water management system.
ii. A drainage conveyance system, such as swales or underground
storm sewer systems.
iii. On-site retention or detention areas. The bottom of retention or
detention areas shall be above the wet season water table.
iv. A waterbody downstream of the last control structure. Stormwater
discharges to a waterbody shall not result in erosion of soil.
Discharges may be allowed through an orifice with a minimum
size of 3 inches and the soil adjacent to the discharge area shall
be stabilized. For lots discharging directly to waterbodies
upstream of the last control structure, see LDC section 6.05.03
D.2.
b. Design standards.
Retaining walls shall be set back six inches from the property line,
if applicable.
ii. Stone in French drains shall be calculated with a 40 percent void
ratio, if applicable.
iii. Stormwater pipes, if used, shall not be metal.
iv. Gutters and downspouts shall comply with LDC section 6.05.01 C,
if applicable.
c. The location, dimension, and setbacks of septic systems, if applicable.
2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a
professional engineer licensed in the state of Florida. The Type II Stormwater
Plan shall demonstrate the following:
a. Stormwater runoff. Discharges from the impacted area shall be directed
into one or more of the following:
An existing surface water management system.
ii. A drainage conveyance system, such as swales or underground
storm sewer systems.
Page 8 of 11
Words struck through are deleted,words underlined are added
iii. On-site retention or detention areas. The bottom of retention or
detention areas shall be above the wet season water table.
iv. A waterbody. Stormwater discharges directly to a waterbody shall
not result in erosion of soil. Discharges may be allowed through
an orifice with a minimum size of 3 inches and the soil adjacent to
the discharge area shall be stabilized.
b. Design standards.
Retaining walls shall be set back six inches from the property line,
if applicable.
ii. Stone in French drains shall be calculated with a 40 percent void
ratio, if applicable.
iii. Stormwater pipes, if used, shall not be metal.
iv. Gutters and downspouts shall comply with LDC section 6.05.01 C,
if applicable.
c. The location, dimension, and setbacks of septic systems, if applicable.
d. An engineer's analysis that demonstrates the following:
Water quantity calculations by a qualified engineer or technician
that demonstrate the ability to accommodate the runoff from the
area exceeding the applicable threshold in LDC section 6.05.03 C
from a 5-year 1-day storm.
ii. A matrix of all required separation distances between wells,
drainfield systems, and stormwater retention/detention areas. The
calculations may be done on the site plan or may be in a separate
engineer's report, but the site plan must be signed and sealed by
a professional engineer licensed in the state of Florida.
e. A certification of compliance shall be submitted to the County by the
engineer prior to an inspection.
E. Application submittal requirements. The Administrative Code shall establish the
submittal requirements for stormwater plans.
F. Inspection and maintenance.
1. Inspection. The subject property shall be inspected by the County prior to
issuance of a certificate of occupancy or certificate of completion, as applicable,
for consistency with the approved stormwater plan.
2. Maintenance. The property owner shall maintain site grading and drainage (e.g.
swales, French drains, grates, etc.) in accordance with the approved stormwater
Page 9 of 11
Words struck through are deleted, words underlined are added
plan. Future changes to impervious area or site grading shall not modify the site
in a manner that will prevent continued drainage of the site as shown on the
approved stormwater plan, whether or not a permit is required for an
improvement.
G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90-
41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a
stormwater plan shall be submitted that demonstrates the additional flow of surface
water has been eliminated. The subject property shall be inspected by the County to
determine if the violation has been resolved.
* * * * * * * * * * * * *
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
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.
Page 10 of 11
Words struck through are deleted, words underlined are added
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 11th day of April, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. F;QCK, CLERK OF COLLIER COUNTY, FLORIDA
"13"-
By: 7 &iL✓
Attest ,,+as to CI eputy Clerk PENNY T• r Chain'
signature on!y
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
04-CMD-01077/1755 (4/11/17)
ordina ce 'Ned with the
3ry of r r he
/441dC' Aprt _ aoi
...f that
He ( 1 day
Page 11 of 11
Words stru^k-thfeugh are deleted,words underlined are added
��� tilt sit,
a
> y, r.
t.
,.
.til,111 .P,-
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 17, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa L. Cannon,Deputy 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. 17-12, which was filed in this office on April 17, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us