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Ordinance 2004-41 4\,,341'>. ~, .9J! ~ .~ I -- ~ -. j ta ORDINANCE NO. 04- 41 I '-~ a ~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~~ ~ F COLLIER COUNTY, FLORIDA, RECODIFYING THE COlliER ~ ... COUNTY lAND DEVELOPMENT CODE, WHICH INCLUDES THE l'Z'ilGZ COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE lAND DEVELOPMENT CODE, MORE SPECIFICAllY BY CREATING THE FOllOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC~n 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.0~:: (..::~.J _\:'- APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND~~. C.._ ~f'1 INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00~.::-:~ . ~-,.."'" lAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; i.;;~:'~ :;; .."........ . CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. t,::. -'""...,~~ 2.01.00 GENERAllY, SEC. 2.02.00 ESTABLISHMENT OF ZONING :::~.. 5: ; il ~ DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 r c; CS 0 f\, "'. PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN :::6:;; U1 ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. ~r.:i \.0 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERAllY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WEllFIElD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERAll Y, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND lAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND lOADING, SEC. 4.06.00 lANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL lANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERAllY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 _ INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERAllY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERAllY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUilDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCil, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 ..'_....M..~ .-<- -_. ~"---'..." 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 _ APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991 , the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LOC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LOC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to ~ 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LOC, including finding that the provisions of the proposed recodification of the LOC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hofd an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LOG; and WHEREAS, the revisions to, and recodification of, the LOG does not substantively alter in any way the prior existing LOG text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement Page 2 of 6 " -._-.~-_. ---~"""<-' the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LOC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT OROAINEO 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 County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., F.S., the Florida Local Government Comprehensive Planning and Land Oevelopment Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Growth Management Plan also referred to as a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with, and implement, the adopted comprehensive plan. 3. Sec. 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 as required by the Act. 4. Sec. 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 development 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. Sec. 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations, including transfer of development rights, planned unit development, and impact fees. 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 Sec. 163.3161, et seq., F.S., and Rule 9J-5, F.A.C. 7. Sec. 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, as adopted. Page 3 of 6 '.-.- ..----... 8. Pursuant to Sec. 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, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Pursuant to Section 163.3194(3)(b) F.S., 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 original Collier County Land Development Code, which became effective on November 13, 1991. 11. The Board finds that the Land Oevelopment Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are 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; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and 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, F.S., and Chapter 163, F.S., and through these revisions to, and recodification of, the LOC. SECTION THREE: ADOPTION OF RECODIFICATION TO THE LAND DEVELOPMENT CODE. The attached Exhibit "A," being the revised and recodified text of the existing Land Development Code and corresponding appendices, is hereby adopted by the Board of County Commissioners as the Land Development Code of Collier County, Florida, as required by ~ 163.3202 (1) & (3), F.S., and is incorporated by reference as if fully set forth herein as a part of this adopting Ordinance. SECTION FOUR: REPEALER. The Land Development Code set out herein supercedes and repeals any and all resolutions and ordinances in conflict herewith, specifically including Ordinance No. 91-102, as amended, except that the legal effect of Section 1 .22.1 as specifically set forth in the existing Land Development Code on the date this Ordinance becomes effective will remain unchanged as to the ordinances referenced therein being repealed. Furthermore, all ordinances pertaining to approved Planned Unit Developments (PUOs), and all changes to the Official Zoning Atlas, lawfully approved prior to this Ordinance becoming effective, will remain in effect and not be repealed by, or be affected by, the adoption of this Ordinance. Page 4 of 6 SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or of any other statute, code, local resolution, regulation or other applicable federal, state, or local law, the more stringent standard, limitation, or requirement shall govern or prevail to the extent of the conflict, except that in the event that any provisions of the adopted, re-codified LDC should result in the unintended consequence of an unresolved conflict with the provisions of the previously adopted LDC, as amended, the prior provisions will be considered to apply. Determinations regarding such unresolved cases will be made administratively within ten (10) business days of being presented in writing to the Zoning & Land Development Review Director by a five (5) member panel with extensive knowledge of, and significant experience working with, the LDC, three (3) of whom will be County employees and two (2) of whom will not, all to be appointed by the Administrator of the Community Development & Environmental Services Division. If not thereby resolved, the case and all supporting documentation, may be immediately appealed to, and finally decided by, the Collier County Planning Commission, and if not thereby resolved, may then be judicially determined in any manner consistent with the applicable law. It is the legislative intent of the Board of County Commissioners in adopting this Ordinance and LOC that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the unincorporated portion of Collier County. Should any portion or provision of this Ordinance or LOC be held to be unconstitutional or invalid by a court or tribunal of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion or provision and such holding shall not be construed as affecting the validity of any of the remaining portions or provisions. SECTION SIX: PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE. The provisions of this Ordinance as set forth in Exhibit A, being adopted and enacted as the Official Land Development Code of Collier County, Florida, shall be so published. The provisions of Exhibit A of this Ordinance may be corrected as to any misspellings, formatting, or numbering errors; and may be renumbered or relettered, and the word "ordinance" may be changed tc "section," "chapter, II or any other appropriate word, as part of the publishing process, so long as the substance and intent of the adopted provisions is not altered in any way. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall become effective, after filing with the Department of State, at 12:01 AM on September 27th, 2004 Page 5 of 6 - ---- .__."_0..- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22nd day of June, 2004. """- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA a.c. ri~~ ~~ By: DON A FIALA, CHAIRMAN This ordinance filed with the Patrick G. hite ~rS~Q.t. Assistant County Attorney and oeknow dgeme~~t that flfll)g received this day of .C. Page 6 of 6 - COlliER COUNTY UNIFIED lAND DEVELOPMENT CODE TABLE OF CONTENTS '.. 1.01.00 TITLE 1.02.00 AUTHORITY 1.03.00 RULES OF CONSTRUCTION 1.03.01 Generally 1.03.02 Meaning of Text and Graphics 1.03.03 Determination of Time 1.03.04 Delegation of authority 1.04.00 APPLICABILITY 1.04.01 Generally 1.04.02 Applicability to Previously Established Time Limits 1.04.03 Exceptions 1.04.04 Reduction of Required Site Design Requirements 1.04.05 Relationship to Growth Management Plan :-_/ PC t--.> 1.05.00 FINDINGS, PURPOSE, AND INTENT :=r !f2 .1:>..... '- 1.05.01 Purpose and Intent _:;;~ :t;:: " 1.06.00 RULES OF INTERPRETATION !$f$ {;; ;::: ~_.. . 1.06.01 Responsibility for Interpretations ,~~. 5r fll 1.06.02 Rules for Interpretation of Boundaries ~5f! <2 0 1.06.03 Interpretations Not Covered by fi1.06.02 j;;:;::: ~ 1.06.04 Continuity of Zoning 1.07.00 LAWS ADOPTED BY REFERENCE 1.08.00 DEFINITIONS 1.08.01 Abbreviations 1.08.02 Definitions - ---."...-...---- ~..- CHAPTER 1- GENERAL PROVISIONS 1.01.00 TITLE This Code shall be known as the lICollier County Land Development Codell and may be cited and referred to herein as the "LDC." Citation to provisions contained in this LDC shall be referenced as lISection II , . 1.02.00 AUTHORITY The Board of County Commissioners of Collier County has the authority to prepare, adopt, and enforce this LDC pursuant to article VIII, ~ 1 (f), Fla. Const., ~ 125.01 et seq. F.S., ~ 163.3161 et seq. F.S., , ~ 163.3201 F.S., ~ 163.3202 F.S., Chapter 9J-5, F.A.C., and such other authorities, and provisions established in statutory or common law. 1.03.00 RULES OF CONSTRUCTION 1.03.01 Generally A. In construction and interpretation of the language of these regulations, the rules established in this Chapter shall be observed unless such construction would be inconsistent with the manifest intent of the BCC as expressed in the Collier County GMP. B. The rules of construction and definitions established herein shall not be applied to any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto. These rules of construction apply to this LDC and to any laws, codes and rules adopted by reference that do not have specific rules of construction. If any law, code or rule, now or hereafter, adopted herein by reference has specific rules of construction, those rules of construction shall supersede the rules of construction contained in this Chapter to the extent of any inconsistency or conflict with this Chapter. C. All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the BCC may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this State for the same terms. D. In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling. E. In all circumstances, the provisions of these regulations shall be interpreted and construed to be consistent with the GMP. Where any Page 1 of 36 .,------.---- ------ ."---, provision(s) of these regulations are determined to be in conflict with the GMP, the GMP shall control. 1.03.02 Meaning of Text and Graphics A. The term "written II or "in writingll shall be construed to include any representation of words, letters, or figures whether by printing or other form or method of writing. B. In case of any difference of meaning or implication between the text of this LDC and any figure, the text shall control. C. The word "shallll is always mandatory and not discretionary; the word "may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and,1I "or,1I "either. . . or," the conjunction shall be interpreted as follows: 1. IIAndll indicates that all the connected terms, conditions, provisions or events shall apply. 2. 1I0rll indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. 3. "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day;' if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "dayll shall mean a calendar day. Page 2 of 36 C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. O. The word "weekll shall be construed to mean seven (7) calendar days. E. The word lIyear" shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority. The authority and responsibility for implementation of the provisions of this LOC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LOC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY 1.04.01 Generally A. The provisions of this LOC shall apply to all land, property and DEVELOPMENT in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LOC. No DEVELOPMENT shall be undertaken without prior authorization pursuant to this LOC. Specifically, no BUILDING, STRUCTURE, land or water shall hereafter be developed, or occupied, and no BUILDING, STRUCTURE, or part thereof shall be erected, reconstructed, moved, located, or structurally ALTERED except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LOC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of STRUCTURE, use, land or water, except where specific provision is made in this LOC. C. This LOC shall apply to all division of land and all SUBDIVISIONS in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a SUBDIVISION of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LOC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. A. Any time limits on any DEVELOPMENT ORDERS approved prior to the adoption of this LOC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LOC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. Page 3 of 36 ~ _.....~-_.-.-_..-. C. Any time limits on any NONCONFORMING SIGNS shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LOC. 1.04.03 Exceptions A. Previously issued building permits. The provisions of this LOC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LOC if: 1. The DEVELOPMENT activity authorized by the permit has commenced prior to the effective date of this LOC or any amendment hereto, or will commence after the effective date of this LOC but prior to the permit1s expiration or termination; and 2. The DEVELOPMENT activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LOC or any amendment hereto. B. Certain previously approved DEVELOPMENT ORDERS. The provisions of this LOC shall not affect the types, densities and intensities of land uses or the YARD or landscape BUFFER width requirements of any (1) final subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site development plan that has been approved for at least one final site development plan, provided each such DEVELOPMENT ORDER was lawfully issued prior to the effective date of this LOC and remains effective according to the time limits and provisions established by this LOC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required YARD, required OPEN SPACE, required off- street parking space, or required off-street LOADING SPACE, provided in connection with one BUILDING, STRUCTURE, or use shall be included as meeting the requirements for any other, STRUCTURE, or use, except where specific provision is made in this LOC. B. No LOT, even though it may consist of one or more ADJACENT LOTS of record, or YARD existing at the effective date of this LOC shall thereafter be reduced in size, dimension, or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, purchase and the like. YARDS, LOT area, and LOT dimensions reduced in this manner, may be reduced by the same amount involved in the dedication, condemnation, purchase or similar - method of acquisition, but shall not result in a front YARD less than ten (10) feet in depth. LOTs or YARDS created after the effective date of Page 4 of 36 this LOC shall meet at least the minimum requirements established herein. C. Required off-street parking according to the requirements of this LOC shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this LOC. 1.04.05 Relationship to Growth Management Plan The adoption of this LOC is consistent with, compatible with and furthers the goals, policies, objectives, land uses, and densities or intensities contained and required in the GMP , and it implements and directly advances the goals, policies and objectives of the GMP. The Board of County Commissioners of Collier County hereby declares and affirmatively states that in the event that any land development regulation, this LOC, or any provision hereof or amendment hereto is not consistent with the adopted Collier County GMP, as amended, the provisions of the Collier County GMP, as amended, shall govern any action taken with regard to an application for a DEVELOPMENT ORDER or other activity. Furthermore, any land development regulation, this LOC, or any provision hereof or amendment hereto shall be interpreted, construed and implemented in such a manner which will make it most consistent with the Collier County GMP, as amended. 1.05.00 FINDINGS, PURPOSE, AND INTENT 1.05.01 Purpose and Intent A. It is the purpose of the Board of County Commissioners of Collier County to establish the standards, regulations and procedures for review and approval of all proposed OEVELOPMENT of property in unincorporated Collier County, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the GMP. B. In order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive DEVELOPMENT of the unincorporated areas of Collier County, it is the intent of this LOC that the DEVELOPMENT process in Collier County be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed DEVELOPMENT, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of Collier County. C. The Board of County Commissioners deems it to be in the best public interest for all property and development to be conceived, designed, Page 5 of 36 .-----,---"-.,.'. ._--._,.~-_."_._-,-_.~ "_ ~M__',,_~._ -,,-,--_._..._~ built, and used in accordance with good planning and design practices and the minimum standards set forth in this LOC. O. It is the intent and purpose of this LOC to establish and adopt comprehensive zoning regulations governing the use of land and water in the unincorporated areas of Collier County, Florida. These regulations are based on a comprehensive plan for futu re DEVELOPMENT, and are enacted to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of. the residents of the County. E. This LOC intends to accomplish and to provide for efficiency and economy in the process of future DEVELOPMENT and redevelopment; appropriate use of land; preservation, protection, conservation, and DEVELOPMENT of the natural resources of land, water and air; convenience in circulation of traffic for the transport of people, goods, and commodities; protection of persons and property in FLOODWAYS and FLOODPLAINS; healthful and convenient distribution of population; adequate and continuously maintained public facilities and utilities; promotion of amenities, both public and private, to maintain and improve the quality of life for all residents; and DEVELOPMENT consistent with the GMP. F. In order to ensure that all DEVELOPMENT in unincorporated Collier County is consistent with the Collier County GMP, it is necessary and proper to establish a series of zoning districts to ensure that each permitted, ACCESSORY and conditional use is compatible with surrounding land uses, served by adequate public facilities, and sensitive to natural and coastal resources. Each zoning district has its own purpose and establishes permitted uses, uses ACCESSORY to permitted uses, conditional uses, dimensional standards and other land use, DENSITY and intensity regulations and references, SIGN regulations, off-street parking and loading regulations, landscaping regulations, and other regulations that control the use of land in each zoning district. All DEVELOPMENT within each zoning district shall be consistent with the purposes and regulations stated for that zoning district in Chapter 2. 1.06.00 RULES OF INTERPRETATION 1.06.01 Responsibility for Interpretations A. The County Manager or designee shall have th~ authority to make all interpretations of the text of this LOC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. Page 6 of 36 B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a DEVELOPMENT ORDER or permit, as the case may be, should an APPLICANT and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. The procedures for issuance of a determination are provided in Chapter 10. 1.06.02 Rules for Interpretation of Boundaries Interpretations regarding boundaries of land use districts on the future land use map or boundaries of zoning districts on the official zoning atlas shall be made in accordance with the provisions of this section. A. District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the future land use map or the official zoning atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line. B. Where uncertainty exists as to the boundaries of land use districts as shown on the future land use map or boundaries of zoning districts as shown on the official zoning atlas, the following rules shall apply: 1. Boundaries indicated as approximately following the centerlines of dedicated STREETS, highways, ALLEYS, or RIGHTS-OF-WAY shall be construed as following such centerline as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a LOT or PARCEL, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any LOT or PARCEL. In case of a STREET vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated STREET is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. 2. Boundaries indicated as approximately following LOT LINES, public property lines, and the like shall be construed as following such lines; provided, however, that where such boundaries are ADJACENT to a dedicated STREET, ALLEY, highway, or RIGHT- OF-WAY and the zoning status of the STREET, highway, ALLEY, or RIGHT-OF-WAY and is not indicated, the, boundaries shall be construed as running to the middle of the STREET, highway, ALLEY, or RIGHT-OF-WAY. In the event of STREET vacation, interpretation shall be as provided in section 1.06.02 (B)(1). Page 7 of 36 --_.,..~--"._..,-- 3. Boundaries indicated as approximately following city or county limits shall be construed as following such city or county limits. 4. Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks. 5. Boundaries indicated as following MEAN HIGH-WATER LINES or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such MEAN HIGH-WATER LINES or centerlines. In case of a change in the MEAN HIGH~WATER LINE, or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where such moving would change the zoning status of a LOT or PARCEL; and in such case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any LOT or PARCEL. 6. Boundaries indicated as entering any body of water but not continuing to intersect with other zoning boundaries or with the limits of jurisdiction of Collier County shall be construed as extending in the direction in which they enter the body of water to intersection with other zoning boundaries or with the limits of County jurisdiction. I 7. Boundaries indicated as following physical features other than those listed above shall be construed as following such physical features, except where variation of actual location from mapped location would change the zoning status of a LOT or PARCEL, and in such manner as to avoid changing the zoning status of any LOT or PARCEL. 8. Boundaries indicated as parallel to or extensions of features indicated in sections 1.06.02(B)(1) through 1.06.02(B)(7) shall be construed as being parallel to or extensions of such feature. 9. Distances not specifically indicated on the official zoning atlas shall be determined by the scale of the map on the page of the atlas showing the property in question. 10. Where a district boundary divides a LOT OF RECORD at the time the boundary was established, and where the division makes impractical the reasonable use of the LOT, the extension of the regulations for the front LOT may be permitted as a conditional use for not to exceed 50 feet beyond the district line into the remaining portion of the LOT. 1.06.03 Interpretations Not Covered by g1.06.02 In cases not covered by section 1.06.02, or where the property or STREET layout existing on the ground is at variance with that shown on the official zoning atlas, the interpretation of the future land use map or the official zoning atlas shall be in accordance with the purpose and intent of the GMP and this LDC. Page 8 of 36 1.06.04 Continuity of Zoning In the event any unincorporated territory within Collier County shall hereafter become incorporated, any and all zoning regulations which may be in effect in such territory and administered by the County shall remain in full force and effect and shall continue to be administered and enforced by the County under this LOC until such time as municipal zoning within such territory shall be adopted and take effect. 1.07.00 LAWS ADOPTED BY REFERENCE The following Collier County ordinances and laws, as amended or superseded, are hereby incorporated into this LOC by reference as if fully set forth and recited herein. Repeal or amendment of these ordinances, or adoption of successor ordinances, shall not be subject to procedures otherwise required for adoption of amendments to this LOC, except as otherwise required by general law. Subject Ordinance Number Building Construction Administrative Code 2002-01 [Code of Laws Ch. 22, Art. II] Florida Building Code 2001, including the 2002-01 [Code of Laws ~~ 22-106, 22- following technical codes: 107] . Plumbing . Mechanical . Fuel Gas Plumbing Code [Code ~~ 22-106, 22-108] Mechanical Code [Code ~~ 22-106, 22-109] Gas Code [Code ~~ 22-106, 22-11 0] Swimming Pool Code [Code ch. 22, art. IV, div. 3] The National Electrical Code NFPA 70 1999 [Code ch. 22, art. IV, div. 2] Florida Fire Prevention Code . Chapter 4A-60, F.A.C. 2002-49 [Code of Laws Ch. 58, Art. II] . National Fire Protection Association (NFPA) 1 with modification by Ch. 4A- 60.003 F.A.C. . National Fire Protection Association (NFPA) 101 with modification by Ch. 4A- 60.004 F.A.C. . Publications added to NFPA 1 and NFPA 101 by 4A-60.005 . Local Amendments Ord. # 2002-49 Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX] 2002-1 Utility Standards 88-76 rCode ch. 134, art. 1111 Page 9 of 36 . --. .-----.- 89-23 89-32 2001-57 Public Right-of-Way Standards 82-91 [Code ch. 110, art. II] 89-2693-64 Seawall Construction 85-2 [Code ch. 22, art. IX] 85-26 86-5 Water Policy 74-50 [Code ch. 90, art. II] 90-1 0 2001-27 Collier County Streetscape Master Plan 97 -25 (CCSMP) 1.08.00 DEFINITIONS 1.08.01 Abbreviations , , AASHTO American Association of State Highway and Transportation Officials ACSC Big Cypress Area of Critical State Concern ADT Average Daily Trips AHDB Affordable Housing Density Bonus ALF Assisted Living Facility ASTM American Society for Testing and Materials AUIR Annual Update and Inventory Report BOA Collier County Building Board of Adjustments and Appeals BCC Collier County Board of County Commissioners BZA Collier County Board of Zoning Appeals CFR Code of Federal Register CSP Conceptual Site Plan DBH Diameter at Breast Height DEP Department of Environmental Protection DO Development Order DRI Development of Regional Impact EAC Collier County Environmental Advisory Council EIS Environmental Impact Statement FAC Florida Administrative Code FAR Floor Area Ratio FBC Florida Building Code FAR Floor Area Ratio FDEP Florida Department of Environmental Protection FOOT Florida Department of Transportation FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map Page 10 of 36 FIS Flood insurance study FLDO Final Local Development Order F.S./Fla. Stat.Florida Statues FSP Final Subdivision Plat GMP Collier County Growth Management Plan HVAC Heating, Ventilation, & Air Conditioning LOC Collier County Land Development Code LOS Level of Service NBMO North Belle Meade Overlay NGVD National Geodetic Vertical Datum NOAA National Oceanic and Atmospheric Administration NRPA Natural Resource Protection Area PC Planning Commission PSP Preliminary Subdivision Plat PUD Planned Unit Development RFMU Rural Fringe Mixed-Use RLSA Rural Lands Stewardship Area ROW Right-of-way SBR School Board Review SDP Site Development Plan SIP Site Improvement Plan SFWMD South Florida Water Management District SLOSH Sea, Lake, and Overland Surge from Hurricane TDR Transfer of Development Rights 1.08.02 Definitions Abut or abutting. To share a common property line or boundary at anyone point. Accent lighting. Strands or tubes of lighting that outline a structure, or to maintain a common architectural theme to attract attention to any business, service, or other related functions. Access: The means or place of ingress and egress, by pedestrian or vehicle, to a lot or parcel. Access waterways: A waterway which is developed or constructed in conjunction with the division of real property for the purpose of providing access by water to lots within a subdivision. (See Chapters 4 and 10). Access01Y use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see also Abutting property or adjacent property]. Page 11 of 36 -,--._-._. ~--_._-_.~ Adjacent To share a common property line or boundary, or to be separated by a public right-of-way, easement, or water body. Adult day care center. A facility that provides temporary care on a daily basis for adults, whether for compensation or not, and without overnight accommodations. Adverse Impacts: Impacts generated by land alteration or land use, whether permanent or temporary, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact on any of the following: listed species and their habitat; natural reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural waterbodies; air quality, and historic or archeological resources identified by Collier County or the State of Florida. Aeronautics: Means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction. Agricultural products: Those goods primarily resulting from farming activities. Such agricultural products require little or no processing after the production or harvest stage in order to ready the product for sale, including, but not limited to, produce, fruits, trees, shrubs, ornamental plants, honey, and nuts. Agricultural uses: Activities within land areas which are predominantly used for the cultivation of crops and livestock including: cropland, pastureland, orchards, vineyards, nurseries, ornamental horticulture areas, groves, confined feeding operations, specialty farms, and silviculture areas. Airport: Any area of land or water designed and set aside for the landing and taking off of aircraft. The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and freight. Airport hazard: Any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. 9977.21, 77.23, 77.25, 77.28, and 77.29, and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing, or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft. Alley. A public or approved private way which affords only a secondary means of access to abutting properties and which is not intended for general traffic circulation. See Figu re 1. Alter. Any change to one or more external features or dimensions of a building or structure; any change to supporting members or bearing walls of a building or structure; any change to lot area or dimensions; and any moving of a building or structure. Any Page 12 of 36 change to the shape, area, or dimensions of required landscaped areas, designated open spaces, parking lots and vehicle use areas, or accessory uses or structures. Anchor tenant The tenant of a multiple-occupancy commercial structure, which generally occupies a larger square footage than the majority of commercial tenants. Anchor tenants tend to be those tenants, within a multi-use structure, with whom the center may be identified, or which may generate higher volumes of traffic. A multi- occupancy structure may have one (1) or mor~ ,anchor tenants. Ancillary plant: The building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. Antenna structure: A base, stand, or other method of stabilizing an antenna, but the primary purpose is other than raising the height of an antenna. Applicant The owner of record of property, or his authorized agent, making an application or other submission to Collier County for approval of development. I Aquaculture: The cultivation of marine or aquatic species (fresh or salt water) under either natural or artificial conditions. Aquifer. A geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield useful quantities of groundwater to wells and springs. Area of environmental sensitivity. An area where environmental quality may be highly susceptible to degradation and where alteration may cause predictable losses of natural resources. Area of special flood hazard: The area/land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. These areas are designated on the Flood Insurance Rate Map. Arterial road or street A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. See Figure 1 . Assisted living facility. Any building(s), section of a building, distinct part of a building, residence, private home, boarding home, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide for a period exceeding twenty-four (24) hours, housing, food service, and one (1) or more personal services for four (4) or more adults, not related to the owner or administrator by blood or marriage, who require such services and to provide limited nursing services, when Page 13 of 36 -.-. specifically licensed to do so pursuant to ~ 400.407, F.S. A facility offering personal services or limited nursing services for fewer than four (4) adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment that regularly provides such services. Authorized agent Any person authorized in writing by the owner of record to act on the behalf of the owner of record of a particular parcel of land. Automobile service station: any commercial or industrial facility wherein the retail sale of gasoline is conducted. Where the sale of gasoline is provided only as a "secondary function," such as a retail establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an incidental service, the structures and site related to the fuel facility will be considered an automobile service station. Auxiliary facility: The spaces located at educational plants which are not designed for student occupation stations. Average daily trips: A weighted average of the number of vehicle trips or trip ends per unit of independent variable (e.g. trip ends per occupied dwelling unit or employee) using a site's driveway(s). The weighted average rate is calculated by summing all trips or trip ends and all independent trip variable units where paired data are available, and then dividing the sum of the trip ends by the sum of the independent variable units. Base flood elevation: A flood elevation having a one percent chance of being equaled or exceeded in any given year. Beach: The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. Berm: A mound of earth to provide screening or buffering between uses. Bike lane: A portion of a roadway which has been designed, constructed, and designated by signing and pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" requirements. Block A parcel or parcels of land bounded by public streets (other than alleys), public land, a water body, or physical barrier. Also, the land fronting a street between intersecting streets. See Figure 2. Boate/: A facility offering transient lodging accommodations normally on a daily rate for boat travelers. These accommodations include wet boat slips, where guests mayor may not sleep on their boat. Page 14 of 36 Boathouse: A building or structure used for the storage of boats, watercraft, or equipment that is accessory to boats or watercraft. Bonus Credit: A unit representing the right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TOR Credits, up to the minimum required density. [sec. 2.03.08 A.2.b.(3)(b)] Breakaway walt. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundations system. Buffer (also, landscape buffer): Land or a combination of land and vegetation for the separation of one (1) use from another and the alleviation of adverse effects of one (1) use to another. Building. Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animal, chattel, or property of any kind. Building, Actual height of: The vertical distance from the average centerline elevatiQn of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 4.02.01. Building, Zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional Requirements, 8., as set forth in Code of Laws ~ 22-26) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. See Figure 3. Bulkhead: A retainer wall or structure designed to prevent erosion of land by water action. Bulkhead line: A fixed line established in or along the Gulf of Mexico, a river, watercourse, or other body of water, in order to fix and establish the distance from the shoreline within which filling may be permitted and bulkheads constructed. Page 15 of 36 ~._--- -_.. Cabana: An accessory structure providing shelter for recreational use with or without toilet facilities, not to be used for living quarters. Camping cabin: A wooden structure designed as a detached, temporary living unit for recreation or vacation purposes. Care unit A residential treatment facility, whether or not for compensation, where persons under care receive food, lodging and some form of on-site therapeutic care on a daily basis. Care may involve psychiatric, psychological, medical, and physiological therapies, behavior modification, and other such services. This type of facility shall contain fifteen (15) or more persons under care, plus resident supervisors as required by the FAC, and shall permit all of the list of uses as permitted by group care facilities (category I and category II), (Le., assisted living facilities; foster care facilities; facilities for: aged persons, developmentally disabled persons (as defined in the FAC), physically disabled or handicapped persons (as defined in the FAC); crisis and attention care; displaced adult care; homeless shelters; mental and emotional health care; offender halfway houses; spouse abuse care; substance abuse care; and youth shelters). Child care center. An establishment which provides, whether for compensation or not, temporary care, protection, guidance, and supervision of a child, on a daily or other regular basis, excluding overnight accommodations. This definition includes such terms as day nurseries, day care service, day care agency, nursery school, or play school. The term does not include summer camps or family day care homes. Church: A building or group of buildings and/or structures providing a place of assembly for worship, ceremonies, or rituals pertaining to a particular system of beliefs. Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion. Cluster. Concentrating or grouping buildings more closely than in conventional arrangements, locating such buildings on a limited portion of a development site, in order to allow for open space or preservation of natural features. Cluster Development: A design technique allowed within residential zoning districts or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductions in the standard or typical lot size and yard requirements of the applicable zoning district, in order to: increase common open space; reduce the overall development area; reduce alterations and impacts to natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to central sewer and water. Page 16 of 36 Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be established in the regional hurricane evacuation study applicable to the local government. Coastal zone: Refers to all land and territorial waters west of SLOSH zone 1 line (approximately U.S. 41, for most of the county), including water and submerged lands of oceanic water bodies or estuarine water bodies; shorelines adjacent to oceanic waters or estuaries; coastal barriers; living marine resources; marine wetlands; water- dependent facilities or water-related facilities on oceanic or estuarine waters; or public access facilities to oceanic beaches or estuarine shorelines; and all lands adjacent to such occurrences where development activities would impact the integrity or quality of the above. Collector road or street A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or arterial roads. See Figure 1. Compatibility. A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Compatibility review: A review pursuant to the Architectural and Site Design Standards contained within section 5.05.08 of the Land Development Code (LDC) in effect at the time SBR Letters of Compliance are requested and that pertains to issues of compatibility with surrounding uses, complimentary patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. Concurrency. The public facilities and services necessary to maintain the adopted level of service standards are available when the impacts of development occur. CON District: Lands that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Conservation. [sec. 2.03.05] Conditional use: A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood. Condominium: That form of ownership of real property which is created pursuant to the provisions of F.S. Ch. 718, under which units or improvements are subject to ownership by one (1) or more owners, and there is appurtenant to each unit as part thereof an undivided share in common elements. Conservation uses: Activities or conditions within land areas designated for the purpose of conserving or protecting natural resources or environmental quality, including areas Page 17 of 36 ~.,--"-_. ..------ designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, commercially or recreationally valuable fish and shellfish, or protection of vegetative communities or wildlife habitats. Consistency Review: A review process whereby the County will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan, and whether the plant or facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to the 2003 Interlocal Agreement. Cul-de-sac: A street terminated at the end by a vehicular turnaround. See Figure 1. Density Blending: The distribution of the gross density or intensity allowable on a parcel or parcels throughout those parcels. Density, residential: The number of residential dwelling units permitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined by dividing the development's total number of dwelling units by the total area of residential land within the legally described boundaries of the residential development's lot(s) or parcel(s). Total residential land area does not include existing platted land area for vehicular rights-of- way, whether public or private, nor land within a planned unit development district that is to be used for commercial or industrial uses, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. Development The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels. The following activities or uses shall be taken for the purposes of this Code to involve 'Idevelopment": a. A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in 9 161.021, F.S. Page 18 of 36 d. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. e. Demolition of a structure. f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. Development agreement An agreement regarding the development of property that complies with the requirements of the Florida Local Government Development Agreement Act, ~163.3220-.3243, F.S. Development order. Any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HV AC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, and paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, vegetation removal permits, agricultural clearing permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting development as defined in this Code. Development plan: A graphic representation along with supportive information and data depicting the intended development. Diameter at breast height: The diameter of the trunk, limb, or stem material measured at the point or points of the tree located 41/2 feet from where the tree emerges from the substrate. In the case of multi-trunked trees, the DBH is measured by the sum of diameters of each trunk at the point or points located 41/2 feet from where the tree emerges from the substrate. See Figure 4. Dock Any structure constructed in or over a waterway for the primary purpose of mooring a boat or other watercraft. Dock facility. Includes walkways, piers, and pilings associated with the dock. Drainage facilities (also called stormwater management facilities): Man-made structures designed to collect, convey, hold, divert, or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures. Driveway. A vehicle access provided between a street and a parking space, parking lot, garage, or other parking area. See Figure 1. Page 19 of 36 ..----- ~_.- ,-~- Dune: A mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and extending inland to the landward toe of the dune, which intercepts the 1 OO-year storm surge. Duplex: A freestanding building, which contains only two (2) dwelling units. Dwelling (also called dwelling unit): Any building, or part thereof, constituting a separate, independent housekeeping establishment f9f no more than one (1) family, and physically separated from any other rooms or housekeeping establishments which may be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen. Dwelling, multi-family. A group of three (3) or more dwelling units within a single building. Dwelling, single-family or one-family. A building that contains only one (1) dwelling unit. Easement An interest in land owned by another that entitles its holder to a specific limited use or enjoyment. Educational Facilities: The buildings and equipment, structures, and special I I educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. Educational Plant: The educational facilities, site and site improvements necessary to accommodate students, faculty, administrators, staff, and the activities of the educational program of each plant. Environmental quality. The character or degree of excellence or degradation in the total essential natural resources of the area as measured by the findings and standards of the physical, natural, and social sciences, the arts and technology, and the quantitative guidelines of federal, state, and county governments. Environmental Impact Statement (EIS): A document or documents that provide an objective evaluation of the impacts of a proposed development or other alteration of the existing natural conditions on the natural resources, environmental quality, and listed species. Essential Services: Those services and facilities, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: police; fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers that have been approved and authorized according to laws Page 20 of 36 having appropriate jurisdiction, and governmental facilities. Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processing) Facade: That portion of any exterior elevation of a building extending from finished grade to the top of the parapet wall or eaves, extending the entire width of the building elevation, and exposed to public view. Family care facility. A residential facility designed to be occupied by not more than six (6) persons under care, plus supervisors as required by subsection 10A-5.019, FAC, and constituting a single dwelling unit (Le., adult congregate living facility for: aged persons; developmentally disabled persons; physically disabled or handicapped persons; mentally ill persons; and persons recovering from alcohol and/or drug abuse. Foster care facilities are also included, but not the uses listed under group care facility (category II). This use shall be applicable to single-family dwelling units and mobile homes. Family day care home: Shall have the meaning provided in the Florida Statutes. Final local development order. Any valid, unexpired building permit issued by the county. Fire station: The building(s) and site of a government establishment primarily engaged in firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and apparatus, firefighters, and support/administrative staff. Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its function. However, services designed to repair any firefighting equipment is not an ancillary fire station service. Flood: A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. Flood elevation determination: A determination by the County Manager or designee of the water surface elevations of the base flood, that is, the flood .Ievel that has a one percent or greater chance of occurrence in any given year. Flood insurance rate map (FIRM): An official map of Collier County, Florida, on which Page 21 of 36 ..- the County Manager or designee has delineated. both the special hazard areas and the risk premium zone applicable to the community. Flood insurance study (FIB): The official report provided in which the Federal Emergency Management Agency (FEMA) has provided flood profiles, as well as the Flood Insurance Rate Maps and the water surface elevation of the base flood. Flood plain: Area inundated during a 1 OO-ye~r flood event or identified by the National Flood Insurance Program as an A Zone or V Zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps. '.. Flood prone area: Any land area susceptible to being inundated by water from any source (see definition of "flood"). Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water su rface elevation more than one foot. Floor area: The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of common walls separating two (2) buildings, excluding attic areas with a headroom of less ithan seven (7) feet, enclosed or unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures, and crawl space where the ceiling is not more than an average of forty-eight (48) inches above the general finished grade level of the adjacent portion of the lot, except as may be otherwise indicated in relation to particular districts and uses. Floor area ratio (FAR): A means of measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross land area. See Figure 5. Flowway: A natural or manmade swath of land, varying in width and length, providing for the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge. Frontage: The side of a lot or parcel abutting a street. Where a lot abuts two (2) or more streets, frontage is defined as the side of a lot where the main building entrance is located. See figure 2. Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the Page 22 of 36 area between the building and the lot line or between the building and a point 6ft (1829 mm) from the building, whichever is closer to the building. Greenbelt: A required buffer and open space area surrounding a Rural Village. [sec. 2.03.08 (A)(2)(b)(6)] Group care facility: A type of facility, which provides a living environment for seven (7) to fourteen (14) persons under care who operat~. as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. a. Category I: A group care facility designed to accommodate seven (7) to fourteen (14) persons under care, plus resident supervisors as required by Florida Administrative Code (Le., adult congregate living facilities for aged persons; developmentally disabled persons (as defined in Florida Statutes; physically disabled or handicapped persons, as defined in Florida Statutes; mentally ill persons (as defined in Florida Statutes; and persons recovering from alcohol and/or drug abuse. Foster care facilities are also included. b. Category II: A group care facility designed to accommodate seven (7) to fourteen (14) persons under care, plus resident supervisors as required by Florida Administrative Code. This type of facility offers a higher level of personal and therapeutic care than a category I facility (Le., crisis and attention care, displaced adult care, homeless shelters, mental and emotional health care, offender halfway houses, spouse abuse care, substance abuse care, and youth shelters). Group housing. Housing structures designed to meet the special needs (such as housing, health, and socialization) of certain segments of the population, such as youth, the elderly, or the developmentally disabled. Group housing refers to the following types of structures: family care facilities, group care facilities (category I and category II), care units, and nursing homes. Group housing unit A room or rooms connected together, constituting a separate, independent housekeeping establishment and physically separated from any other rooms or group housing units, which may be in the same structure, with or without complete kitchen facilities, and containing sleeping facilities and sanitary facilities. A group housing unit is applicable to the following types of structures: family care facilities, group care facilities (category I and category II), care units, nursing homes, and assisted living and continuing care facilities. Guest House or Cottage: An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residentia,1 parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which Page 23 of 36 --.---.-- -....- ----- may contain kitchen facilities. Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 5.03.03 and 2.05.02) Guest Quarters/Guest Suites: An attached or detached room or suite, which could be used as a temporary sleeping accommodation, which is integrated as part of the principal use of the property and may contain running water as long as it is not configured or of a size that may accommodate a kitchen. Hazardous product or waste: Solid waste or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. Hospitat A building or group of buildings having facilities for overnight care of one (1) or more human patients, providing medical, surgical, and skilled nursing services to inpatients; services include primary and/or urgent care treatment for injuries, disease, illness, or traumas; may include incidental and subordinate facilities, such as laboratories, outpatient services, training facilities, central service facilities, or staff facilities. Hotel (also motel): A building or group of buildings offering transient lodging accommodations normally on a daily rate to the general public, with or without accessory uses, such as restaurants, meeting rooms, or recreational facilities. Housing, Affordable: One or more residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent or less (for very low income), 50 percent to 80 percent (for low income), or 80 percent to 100 percent (for moderate income) of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.05.02) The term affordable housing includes workforce housing which is limited to owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.05.02) Impervious (also impervious surface or impervious area): Any material that prevents or impedes the percolation or absorption of water into the ground. See Figure 6. Industrial uses: Activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products. Page 24 of 36 Kitchen, Primary: A room in a principal dwelling which is used, designed and intended for the preparation and cooking of food, often where meals are also eaten. Kitchen, Secondary: A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit. Level of service: An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility bas~d on and related to the operational characteristics of the facility. Level of service shall indicate the caP8:city per unit of demand for each public facility. Loading space: An area for the temporary parking of a commercial vehicle for pick-up or delivery, loading or unloading of merchandise or goods. Locational Criteria: The land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan' and Immokalee Area Master Plan. Lot A single area or parcel of land established by plat or by metes and bounds. I i Lot coverage: The part or percentage of the lot occupied by principal and acce~sory buildings and structures. See Figure 7. Lot line: The boundary of a lot; the legally defined limits of a lot. See Figure 2. Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been so recorded in the public records of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, for which an agreement for deed was executed prior to October 14, 1974, if within the Coastal Area planning district, and January 5, 1982, if presently within or previously within the Immokalee Area planning district prior to May 1, 1979. Marina: A boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work-dockage or service, boat construction or reconstruction, or boat sales lot. Mean high-water line: The intersection of the tidal plane of mean high water with the shore as established by the Florida Coastal Mapping Act of 1974, Chapter 74-56, Laws of Florida. Page 25 of 36 ".--...--.., ._'---'-- .-.,..-. "--- Mobile home: A structure, transportable in one or more sections, which is eight (8) body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Mobile home park: A parcel of land under single or unified ownership, which is designed and used for long-term placement of manufactured homes for non-transient residential use; may include accessory services and facilities for the residents of the manufactured home park. ' . Monopole communications tower. A commercial vertical single tubular self-supporting tower for nonparabolic antennas with small effective radii. Motet. see hotel Natural Reservation: The term natural reservation refers to large areas set aside for natural resource protection, conservation and preservation and includes: only Natural Resource Protection Areas (NRPAs); and, lands designated Conservation on the Collier County Future Land Use Map, including but not limited to, Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary. Natural Waterbody: A naturally occurring lake, pond, lagoon, river, stream, creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels. Neighborhood Center: A centrally located area within a neighborhood of a Rural Village that may include small-scale service retail and office uses and shall include a public park, square, or green. Neutral Lands: Lands located within the RFMU District that are generally depicted located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Neutral Lands. [sec. 2.03.08 (A)(3)] Nonconforming. Refers to uses, buildings, lots, or structures that are in existence at the time of adoption of this Code or any Amendment(s), which were in compliance with applicable laws at the time of establishment or construction, but which do not comply with regulations and requirements of this LDC. Nonconforming lot of record: When two or more adjacent legal nonconforming lots of record are either combined under a single folio or parcel number for taxing purposes by the property appraiser's office or combined as a single parcel by recording the previously separate non-conforming lots into one legal description, neither or both of Page 26 of 36 these actions will prohibit the owner or future owners from subsequently splitting the parcel into two or more folio or parcel numbers for tax purposes, or severing the parcels into their former legal descriptions as legal non-conforming lots of record according to the original legal description(s) at the time the property was recognized as legal nonconforming. Prior to any two or more adjacent, legal non-conforming lots being combined for development a legally binding document must be recorded to reflect a single parcel with a unified legal description. Once such a document has been recorded to amend the legal description and a development permit has been approved by the County for development as that unified parcel, the property cannot be split or subdivided except as may then be allowed by this code. North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as the North Belle Meade Overlay. [sec. 2.03.08 (0)] Oil and gas exploration: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processillg) Oil and gas field development and production: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all-weather access roads and pads, development drilling, installation of crude oil pipelines, flowlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to the operation of these facilities and activities. (See Oil extraction and related processing) Oil extraction and related processing: Oil and gas exploration, drilling, and production operations and shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Oil extraction and related processing includes oil and gas exploration and oil and gas field development and production as defined above. Open space: Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and, plazas, atriums, courtyards and other similar public spaces. Page 27 of 36 ----.'.-.....------..---.--- Open Space, Common: Those areas within or related to a development, not in individually owned lots designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public. Open Space, Usable: Active or passive recreation areas such as playgrounds,' tennis courts, golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation or landscaped ~reas, which are accessible to and usable by residents of the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. Outparcet. A site for a freestanding building or buildings, which is generally related to an original (parent) development tract is adjacent to a roadway that interrupts the frontage of another lot and is intended or withheld by the developer for development separately from the majority of the original development. Parcet. Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Park, neighborhood: A public park, owned and maintained by Collier County which is intended to serve the needs of the local community and: is located within the E (Estates) zoning district, or any residential zoning district or residential component of a planned unit development; is comprised of no more that five acres of land; access to which is provided through non-vehicular means, with no on-site parking facilities; and provides only basic park facilities and amenities such as, but not limited to, sidewalks, non-air-conditioned shelters, bike racks, drinking fountains and playground equipment. Pathway: A defined corridor for the primary use of non-motorized travel. Principal building, structure, or use: The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. Recreational vehicle: A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers, camping trailers, and self-propelled motor homes. Restaurant A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption. RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas as the Rural Page 28 of 36 Fringe Mixed Use District, which is generally a transition between the Urban and Estates Designated lands and the Urban and AgriculturaVRural and Conservation designated lands farther to the east. [sec. 2.03.08 (A)] RFMU Receiving Lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Receiving Lands. [sec. 2.03.08 (A)(2)] '.. RFMU Sending Lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Sending Lands. [sec. 2.03.08 (A(4)] Right-at-way (ROW): Land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use. Rural Village: A form of development within RFMU Receiving Lands that includes the following mixture uses: residential housing types; institutional uses; commercial uses; and, recreational uses and comprised of several neighborhoods designed in a compact nature such that a majority of residential development within comfortable walking distance to the Neighborhood Centers. [sec. 2.03.08 (A)(2)(b)] School Board Review (SBR): The site development plan review process for School Board projects as outlined in the 2003 Interlocal Agreement. Setback or setback line: A line marking the minimum distance between a right-of-way line, property line, bulkhead line, shoreline, seawall, mean high water mark, access easement line, or other defined location and the beginning point of the buildable area. See Figure 2. Sewage system, centrat. A system for the collection and disposal of wastewater, including pipes, pumps, tanks, treatment plants, and other appurtenances which comprise the system. Sewage system, individual. A system designed to serve one (1) unit (as defined in the health code used by Collier County) comprised of pipes, tanks, and a subsurface absorption field, or other approved treatment device, for handling and disposing of wastewater. Shopping center. A building or group of buildings planned, developed, owned, and managed as a commercial unit, with joint parking and other support facilities. Shoreline or shore: The interface of land and water and, as used in the coastal management element requirements, is limited to oceanic and estu~rine interfaces. Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise surfaced, intended for pedestrian use and also bicycle use. (See Chapters 4 and 10) Page 29 of 36 ~~'- -"'-- Sign: Any structure, device, vehicle, advertisement, advertising device or visual representation intended to advertise, identify, or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing, and includes any symbols, letters, figures, illustrations, or forms painted or otherwise affixed to attract the attention of the public for any purpose and also any structure or device the primary purpose of which is to border, illuminate, animate or project a visual representation. However, this definition does not include official notices issued by any court or public office, or officer in the performance of a public or official duty, and traffic control signs. For the purpose of removal, signs also include all sign structures. Solid waste: Garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or govemmental operations. Solid waste bulk container. Any watertight, portable nonabsorbent container equipped with a watertight lid or cover, which is used to store two (2) or more cubic yards of solid waste emptied by mechanical means. , ! Solid waste disposal facility: A facility designed and utilized for the disposal of sludge from wastewater treatment works, water supply treatment plants, or air pollution control facilities or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Solid waste standard container. A watertight container made of nonabsorbent material provided with a closely fitting watertight cover, with handles and of thirty-two (32) gallons or less gross capacity, or a sealed plastic bag of adequate strength to contain the waste materials therein. Solid waste transfer station: A structure used to store or hold solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters, recycling collection stations, and other containers from which such wastes are transported to a landfill or other solid waste management facility. State Requirements for Educational Facilities ("SREF"): The Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. Story: That portion of a building included between a floor which is calculated as part of the building1s habitable floor area and the floor or roof next above it. Street A public or approved private thoroughfare, including the right-of-way, which affords the principal means of access to abutting property. The term street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of access, Page 30 of 36 .. regardless of the descriptive term used. Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. Subdivision: The division of land, whether improved or unimproved, into three (3) or more contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any of which do not equal or exceed ten (10) acres, for the pu'rpose, whether immediate or future, of transfer of ownership or development; or any division of land if the extension of an existing street or the establishment of a new street is involved to provide access to the land. The term includes resubdivision, the division of land into three (3) or more horizontal condominium parcels or horizontal cooperative parcels, and the division or development of residential or nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, map, plat, horizontal condominium parcels, horizontal cooperative parcels, or other recorded instrument, and, when appropriate to the context, means the process of subdividing or to the lands or areas subdivided. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement, this term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or any alteration of a historic structure. TDR Credit: A unit representing the right to increase the density or intensity of development on a parcel, obtained through a Transfer of Development Rights. [sec. 2.03.07] Tower. A structure for the primary purpose to raise the height of an antenna. Townhouse: A group of three (3) or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another. Tract: An area of land, public or private, occupied or intended to be occupied, by or for a lawful purpose, including a street, crosswalk, railroad, electric transmission line, oil or Page 31 of 36 ._.._.o..~.. .--- gas pipeline, storm drainageway, water main, sanitary or storm sewer main, canal, landscape buffer, or for similar use. The term "tract," when used for land platting purposes, means an area separate and distinct from platted lots or parcels and not included within the dimensions or areas of such lots or parcels. Unless otherwise expressly stated, the dedication of a tract on a plat reflects an intention of the dedicator(s) to dedicate such tract as a fee simple interest in land, subject to any easement(s) stated on the plat or otherwise of record. Transfer of Development Rights: The transfer of development rights from one parcel to another parcel in a manner that allows an increase in the density or intensity of development on the receiving property with a corresponding decrease in the remaining development rights on the sending property. Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that is altering native vegetation communities by displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species. A list of these exotics can be found in the I Vegetation, Category II Invasive Exotic: Invasive exotic vegetation that has increased in abundance or frequency but have not yet altered native plant communities by displ~cing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species. Vegetation, Exotic: A plant species introduced to Florida, purposefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Nonnative vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and Category I and Category II Invasive Exotics. Vegetation, Native: Native vegetation means native southern Floridian species as detennined by accepted valid scientific references identified in section 4.06.05 C. Where this code refers to, or requires retention of, existing native vegetation, the term native vegetation is further defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. Vegetation, Naturalized: Exotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation. Vegetation, Prohibited Exotic: Category I or Category II Invasive Exotic Vegetation limited to those enumerated in section 3.05.08 of this Code. Vehicular use area: An area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards. Village Center: A distinct area within a Rural Village that serves as the primary location for commercial uses, including retail and office, and of civic, and government uses. Page 32 of 36 Wastewater. The combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any groundwater, surface runoff, or leachate that may be present. Wetlands: Wetlands as set forth in Section 373.019 Florida Statutes. The terms "Wetlands" and "Jurisdictional Wetlands," as used in this Code, shall be synonymous. Wetland Function: A quantitative and qualitative measure of the degree to which a jurisdictional wetland provides hydrologic and habitat or other benefits for listed species, measured using the Unified Wetland Mitigation Assessment Method, F.A.C. Chapter 62- 345. Yard: An open space that is unoccupied and unobstructed and that lies between a principal or accessory building or buildings and the nearest lot line. As used in this definition, "unobstructed" means a structure or portion of a structure from thirty (30) inches above the ground level upward, and does not include permissible fences and walls. Yard, front The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where comer lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one full depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s) may be reduced to 50 percent of the full front yard setback requirement for that district, exclusive of any road right-of-way or road right-of-way easement. For setbacks for E (estates) zoning, see Section 2.03.01. 1996 Interlocal Agreement: the lnterlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 2207, Pages 1729 et seq., which bears an effective date of June 25, 1996. 2003 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 3228, Page 2989 et seq., which bears an effective date of February 28,2003. Zero lot line: The location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line. Page 33 of 36 --'-.~- _._-"---_.~.- I l EtHE ffiEE 51ftHHBHma ~l J~ STREET ~I - '.. JI ~- IT ! ~ I --= -- :: 31~ ] rn ...- .- ~ 3[J][}J I( Figure 2 Figure 1 Il.iklllltlllWt MeIIstnlmJrt fa' Gable. Hip or GIlrrbreI ADs Height mm mm Il.ikIIll tlllWt MeB!uerrent fa' 8 Flat A:xlf Struclull 1 ~ Height mm B.ikllll Heiltll M8Bsuement fa' 8 MEnBd A:xlf Figure 3 Page 34 of 36 Measure Trunk Diametet r- Natural Grade I I 4.lFT. I I . Figure 4 \ axlmum floor area or a F .A.R. of 0.20 (8.000 SF Building I ~"", (32.000 SF Building I 40.000 SF lot - 0.20 FAR) 40.000 SF lot - 0.80 FAR) , 't,(' , '1"9 .... ."q~ , / /. ' , ....9q~ ,/ ~~,(' /' .... (0)- '\/ .. FLOOR AREA RATIO - TOTAL BUILDING FLOOR AREA TOTAL LOT AREA Figure 5 Page 35 of 36 ._-'_.-.._--,,--<." ~-~--'- ...,,-.-- --.--- -~._._..- -..~." lDI line ~ .. c: :j! If SllHt ImpeMoua ._ ..uo - TOlIII.... of bullcllnlll. P8/ldnlloll. _1l<I.ncI_lmpeMoua .urf_. dMdecl by tIl. lot ..... Figure 6 Lot Line Perking Lot S ~ ~ l. Street Lot Coverege . Aree of principal and eccessory buildinllS divided by the aree of the lot Figure 7 Page 36 of 36 " , ~, < ~ ~ - , 1~-w'V!~~~2~\ ~_",n,~~ ,.".; J".'---'" !.U:ll~i l ir~~ -d-;}r~-i~iti~~11l1:1 ~ I-1~: f~, ,,~, ~ E;,+ _.. % ",,~;j:.I!'\.., ..-;",,Y ~10~ 2.01.00 GENERALLY 2.01.01 Purpose 2.01.02 Miscellaneous Structures 2.01.03 Essential Services 2.01.04 Polling Places 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.01 Establishment of Official Zoning Atlas 2.02.02 District Nomenclature 2.02.03 Prohibited Uses 2.02.04 Continuation of Provisional Uses 2.03.00 ZONING DISTRICTS 2.03.01 Residential Zoning Districts 2.03.02 Commerical Zoning Districts 2.03.03 Industrial Zoning Districts 2.03.04 Civic and Institutional Zoning Districts 2.03.05 Open Space Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Eastern LandslRural Fringe Zoning Districts 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS 2.04.01 Rules for Interpretation of Uses 2.04.02 Effects of Approvals Under the Zoning Reevaluation Ordinance 2.04.03 Table of land Uses in Each Zoning District 2.05.00 DENSITY STANDARDS 2.05.01 Density Standards and Housing Types 2.05.02 Density Blending 2.06.00 AFFORDABLE HOUSING DENSITY BONUS -_..~ 2.06.01 Generally 2.06.02 Purpose and Intent 2.06.03 AHDB Rating System 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS '.. I I ..--.-- CHAPTER 2 - ZONING DISTRICTS AND USES 2.01.00 GENERALLY A. Parking and storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were maO.l:Jfactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of recreational equipment as defined within this Code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed BUILDING. For the purpose of this section a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. B. Parking, storage or use of major recreational equipment. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned LOT, residential districts, or any location not approved for such use. In districts permitting single-family homes or MOBILE HOMES, major recreational equipment may be parked or stored only in a rear YARD, or in a completely enclosed BUILDING, or in a carport, or on davits or cradles ADJACENT to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises, other than on county rights- of-way or RIGHT-Of-WAY EASEMENTS for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this section the rear YARD for a comer LOT shall be considered to be that portion of the LOT opposite the STREET with the least fRONT AGE. For through LOTS the rear YARD shall be considered to be that portion of the LOT lying between the rear elevation (by design) of the residence and the STREET. The following exceptions may be granted by the county manager or designee: 1. Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place on the STREET side thereof. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. Page 1 of 176 -----.. ----.'. 2. Nonresident: Such car, trailer, bus or motor home, when used for transportation of visitors to this county to visit friends or member of the visitors family residing in this county may be parked upon the premises of the visited family for a period not exceeding seven days. A temporary use pennit must be obtained to authorize this activity. The pannit for such period shall be affixed to the vehicle in a conspicuous place or on the STREET side thereof. This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive penn its may be issued and the maximum number of pennits issued during one calendar year shall be restricted to four. C. Parking of commercial vehicles or commercial equipment in residential areas. It shall be unlawful to park a commercial vehicle or commercial equipment on any LOT in a residential zoning district unless one of the following conditions exists: 1. The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. 2. The vehicle and/or equipment is parked in a garage or fully enclosed STRUCTURE or carport which is structurally or vegetatively screened and cannot be seen from ADJACENT properties or the STREET serving the LOT. 3. The vehicle is parked in the rear of the main STRUCTURE and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. 4. Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district created pursuant to Section 2.03.07 L. 5. Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. D. Boats or other floating equipment used as DWELLING UNITS. Boats or other floating equipment being used as DWELLING UNITS or as commercial establishments may not anchor or tie up in waters under the Page 2 of 176 jurisdiction of the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting county and state health standards for such use. E. CONDOMINIUMS. This Code shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership. Condominium forms of ownership shall be subject to this Code as is any other form of ownership. CONDOMINIUMS of any kind, type or use shall comply with the provisions of F.S. ch. 718, as amended, known as the "Condominium Act." F. Deed restrictions. This Code shall not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legal documents. No person or agency, in the capacity of enforcing and administering this Code, shall be responsible for enforcing any deed restrictions. 2.01.01 Purpose It is the intent and purpose of this Chapter to establish and adopt zoning districts to govern the use of land and water in the unincorporated areas of Collier County, Florida. 2.01.02 Miscellanous STRUCTURES School bus shelters, bicycle racks, bus stop benches, telephone booths, mailboxes, newspaper boxes, and delivery boxes shall be permitted in any district. No advertising SIGN shall be permitted on any such STRUCTURE. Locations and SETBACKS of school bus shelters shall be approved by the school board of Collier County. Mail, newspaper, and other delivery boxes shall be placed in accordance with U. S. Postal Service regulations. All such STRUCTURES shall be exempt from district SETBACKS. 2.01.03 ESSENTIAL SERVICES ESSENTIAL SERVICES are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. ESSENTIAL SERVICES are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with OIL EXTRACTION AND RELATED PROCESSING operations as defined in this code and regulated under applicable federal and state law; Page 3 of 176 -_.... ........- "_........ 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication TOWERS, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power STRUCTURES; 6. Sewage lift stations and water pumping stations; 7. ESSENTIAL SERVICE wells (including extraction facilities and requisite ancillary facilities); and 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post SIGN{s) at the County's proposed well site{s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the LOTS or PARCELS of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings. B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS. 1. Within CON DISTRICTS, Sending Lands in the RFMU DISTRICT, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 (C), the following ESSENTIAL SERVICES are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or EASEMENTS, and necessary to serve a publicly owned or privately owned central Page 4 of 176 sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas and/or the Rural Transition Water and Sewer District. '.. C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALL Y ZONED DISTRICTS. In commercial' and industrially zoned districts, in addition to the ESSENTIAL SERVICES identified above in section 2.01.03 A., govemmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE AGRICULTURAL AND ESTATE ZONED DISTRICTS. In the agricultural and estate zoned districts, in addition to the ESSENTIAL SERVICES identified above in section 2.01.03 A., the following governmental services and facilities shall be considered permitted ESSENTIAL SERVICES: nonresidential not-for- profit child care, nonresidential education facilities, libraries, museums, NEIGHBORHOOD PARKS, and recreational service facilities. E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE AGRICULTURAL ZONED DISTRICT. In the agricultural zoned district, in addition to the ESSENTIAL SERVICES identified above in section 2.01.03 A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted ESSENTIAL SERVICES, limited to the following: law enforcement, fire, and emergency medical services. F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALL Y ZONED DISTRICTS. In residentially zoned districts, in addition to the ESSENTIAL SERVICES identified above in section 2.01.03 A., NEIGHBORHOOD PARKS shall be considered a permitted essential service. G. CONDITIONAL USES. The following uses require approval pursuant to section 10.08.00 CONDITIONAL USES: 1. CONDITIONAL ESSENTIAL SERVICES IN EVERY ZONING DISTRICT EXCLUDING THE RFMU DISTRICT SENDING LANDS, CON DISTRICTS, NRPAS, AND RLSA DESIGNATED HSAS AND FSAS. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU DISTRICT Sending Lands, CON DISTRICTS, and NRPAs, the following uses shall be allowed as CONDITIONAL USES: Page 5 of 176 - ~-_._.- -,-., a. Electric or gas generating plants; b. Effluent tanks; c. Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, d. HOSPITALS and hospices; and e. Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services. 2. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU DISTRICT Sending Lands, NRPAs, CON DISTRICTS, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 (C)(2) , in addition to the ESSENTIAL SERVICES identified as allowed CONDITIONAL USES in section 2.01.03 (G)(1) above, the following additional ESSENTIAL SERVICES are allowed as CONDITIONAL USES: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District, when not located within already cleared portions of existing rights-of-way or EASEMENTS; b. Safety Services limited to law enforcement, fire, and emergency medical services. 3. ADDITIONAL CONDITIONAL USES IN RESIDENTIAL, AND ESTATE ZONED DISTRICTS, AND IN RFMU RECEIVING AND NEUTRAL LANDS. In residential, agricultural, and estate zoned districts and in RFMU Receiving and NEUTRAL LANDS, in addition to those ESSENTIAL SERVICES identified as CONDITIONAL USES in section 2.01.03 G.1. above, the following ESSENTIAL SERVICES shall also be allowed as CONDITIONAL USES: a. Regional parks and community parks; b. Public parks and public library facilities; - Safety service facilities; c. Page 6 of 176 d. Other similar facilities, except as otherwise specified herein. 4. CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES: a. Where STRUCTURES are involved other than STRUCTURES supporting lines or cables, such' STRUCTURES shall comply with the regulations for the district in which they are located, or as may be required on an approved site DEVELOPMENT plan under section 10.02.03. In addition, the STRUCTURES shall conform insofar as possible to the character of the district in which they are located as to DEVELOPMENT standards, as well as architecture and landscaping, with utilization of screening and BUFFERING to ensure compatible with the surrounding and nearby existing and future uses. b. Within the RFMU DISTRICT Sending Lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, STRUCTURES supporting the conditional use shall be located so as to minimize any impacts on NATIVE VEGETATION and on wildlife and wildlife habitat. c. ESSENTIAL SERVICES shall not be deemed to include the erection of STRUCTURES for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are ACCESSORY USES to the normal operations of the essential service, may be permitted. 2.01.04 Polling Places Any residential DEVELOPMENT or SUBDIVISION which will have a clubhouse, community recreation/public BUilDING/public room or similar common facility, shall be required to provide polling places in said community recreation/public BUilDING/public room if a polling place is determined to be necessary by the supervisor of elections. ACCESS to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.01 Establishment of Official Zoning Atlas A. The location and boundaries of the zoning districts established in this LDC shall be set forth and shown on the Official Zoning Atlas of Collier County, which is incorporated by reference into this LDC as if fully described and Page 7 of 176 -,._"- set forth herein. The district symbol or symbols as set forth in this LOC shall be used to designate each distnct on the Official Zoning Atlas. B. Each page of the Official Zoning Atlas shall be identified by the signature of the chairman of the BCC and attested by the clerk of the circuit court, and shall bear the seal of Collier County under the following words: "This is to certify that this is page of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. of the County of Collier, Florida, adopted ",20 II C. A copy of the Official Zoning .Atlas shall be located at all times for inspection by the general public during regular business hours in the Office of the County Manager or his designee and the clerk to the BCC. O. No changes of any nature shall be made in the Official Zoning Atlas or any matter shown thereon, or in the zoning districts or regulations contained herein, except in conformity with the procedures established in this. LOC and consistent with the Collier County GMP. Any unauthorized change of whatever kind by any person shall be considered a violation of this LOC. E. If, pursuant to the terms of this LOC and the applicable Laws of Florida, amendments are made to the districts, boundaries, or other m~tters portrayed on the Official Zoning Atlas Official Zoning Atlas, ~uch amendments shall be entered on the Official Zoning Atlas by the County Manager or designee within twenty (20) days after amendment. Failure to so enter any such amendments within twenty (20) days shall not affect the validity of any such amendments. However, no amendment to this LOC which involves a matter portrayed on the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein established. Each amended page of the Official Zoning Atlas shall contain an entry which reads as follows: liOn , 20 , by Ordinance No. , the following amendments were made to the Official Zoning Atlas: (include brief description of nature of amendment)," which entry shall be attested by the clerk of the circuit court. F. Regardless of the existence of purported copies of the Official Zoning Atlas or other parts of this LOC, which from time to time may be made or published, the Official Zoning Atlas located in the office of the clerk shall be the final authority as to the current zoning of all land and water in unincorporated Collier County; and the LOC located in the office of the clerk to the BCC shall be the final authority as to the various zoning districts and regulations herein established. G. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, the BCC may, by ordinance, adopt a new Official Zoning Atlas, or any page or pages thereof, which shall supersede the prior Official Zoning Atlas or page or pages thereof. The new Official Zoning Atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof, but Page 8 of 176 no such correction shall have the effect of amending the original Official Zoning Atlas, or page or pages thereof. 1. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or ALTERED, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this LOC. 2. The Official Zoning Atlas, orportion thereof, shall be authenticated as the original, with wording to the following effect: "This IS to certify that this Official Zoning Atlas (or page or pages thereof) by Ordinance No. dated ,20 , replaced the Official Zoning Atlas (or page or pages thereof) adopted ,20 , as part of Ordinance No. of the County of Collier, Florida. II 3. Unless the prior Official Zoning Atlas has been lost, or has been totally destroyed, the prior Official Zoning Atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. H. All zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for Collier County prior to the effective date of adoption of this zoning code shall be retained as a public record as a guide to the zoning status of lands and waters. prior to such date. Upon the date of adoption of this zoning code, the immediately prior official zoning atlas of that date shall be microfilmed and such filmed record retained permanently in a place separate from the original prior official zoning atlas. 2.02.02 District Nomenclature A. Where the phrases "agricultural districts," "zoned agricultural, II "agriculturally zoned," "agricultural zoning, II "rural zoningll or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: A and E. B. Where the phrases "all residential districts," "residential districts," "zoned residentially," "residentially zoned," or phraseology of similar intent are used in this LOC, the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUOs C. Where the phrases "commercial districts, II "zoned commercially, " "commercially zoned," "commercial zoning," or phraseology of similar intent, are used in this LOC, the phrases shall be constructed to include: C- 1, C-2, C-3, C-4, C-5, TTRVC, and commercial components in PUOs. O. Where the phrases "industrial districts," "zoned industrially, II "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LOC, the phrases shall be construed to include: I and industrial components in PUOs. Page 9 of 176 ~. _.__."._----_._....._._._--~----_.,...-._--_.-- -'-'-" 2.02.03 Prohibited Uses Any use or STRUCTURE not specifically identified in a zoning district as a permitted use, CONDITIONAL USE, or ACCESSORY USE shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LOC and valid and effective immediately prior to the effective date of this LOC shall be treated under this LOC as follows: A. If such provisional use is provided for as a CONDITIONAL USE in the zoning district in which it is located under this LOC, then it shall be permitted as a CONDITIONAL USE under this LOC. B. If such provisional use is not provided for as a CONDITIONAL USE or permitted use in the zoning district in which it is located under this LOC, then it shall be a legal NONCONFORMING use under this LOC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LOC, the following zoning districts, district purposes, and applicable symbols are hereby established: I 2.03.01 Residential Zoning Districts A. Rural Agricultural Oistrict "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and CONSERVATION USES. Uses that are generally considered compatible to AGRICULTURAL USES that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as CONDITIONAL USES in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum DENSITVpermissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the DENSITY rating system contained in the future land use element of the GMP. The maximum DENSITY permissible or permitted in the A district shall not exceed the DENSITY permissible under the DENSITY rating system. The maximum DENSITY permissible in the A district within the agriculturaVrural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the DENSITY permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low DENSITY residential DEVELOPMENT in a semi-rural to rural environment, Page 10 of 176 with limited agricultural activities. In addition to low DENSITY residential DEVELOPMENT with limited agricultural activities, the E district is also designed to accommodate as CONDITIONAL USES, DEVELOPMENT that provides services for and is compatible with the low DENSITY residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum DENSITY permissible in the E district shall be consistent with and not exceed the DENSITY permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. 1. Minimum YARD Requirements. See the Table in Chapter 2.07.00 for the general requirements. The following are exceptions to those requirements: a. Conforming Comer LOTS. I I \ Conforming comer LOTS, in which only one full depth SETBACK shall be required along the shorter LOT LINE along the STREET. The SETBACK along the longer LOT LINE may be reduced to 37.5 feet, so long as no RIGHT-Of-WAY or RIGHT-Of-WAY easement is included within the reduced fRONT YARD. (See Exhibit A) Page 11 of 176 ,_.-'-. I ESTATES: CONFORMING CORNER LOT R.O.W rr= - - --- - - -.:::- - - - -~~~ 37.5' REDUCED BY I 50% I I I + +. 180' I 7S 30' I C LOT I FULL FRONT == WIDTH SIDE r .a * I SETBACK SETBAC :c M ILl I I I I SIDE ., ~ SETBACK - - - - - - - - - - - -M.- - -- * Example. lot width may vary, bill never R.O.W less than 150' . SETBACKS MEASURED FROM R.O.W. LINE R.O.W - WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W. LINE PROPERTY LINE - - - - b. NONCONfORMING Comer LOTS. NONCONfORMING comer LOTS of record, in which only one full depth SETBACK shall be required along the shorter LOT LINE along the STREET. The SETBACK along the longer LOT LINE may be reduced to 15 feet, so long as no RIGHT-Of-WAY or RIGHT-Of-WAY easement is included within the reduced fRONT YARD. (See Exhibit B) Page 12 of 176 I ESTATES: NON-CONFORMING CORNER LOT R.O.W T r-;== - - ---P.\.- - - - - - - - - - - - - - R.O.W 15' REDUCED I FRONT SETBACK I I '01, I 105' ~ 75' LOT 10% LOT 10 '. WIDTH FULL FRONT WIDTH 1 SETBACK 10% LOT I I WIDTH PfL CD =: - - - -- - - - - ~1f -M.- - - - =::J .a :c )C au R.O.W R.O.W . SETBACKS MEASURED FROM R.O.W. LINE . WIDTH MEASURED BETWEEN PROPERTY LINES I ,1 R.O.W. LINE PROPERTY LINE - - - - '\ NONCONFORMING through LOTS, i.e. double FRONTAGE LOTS, legal NONCONFORMING LOTS of record with double road FRONTAGE, which are NONCONFORMING due to inadequate LOT depth, in which case, the FRONT YARD along the local road portion shall be computed at the rate of 15 percent of the depth of the LOT, as measured from edge of the RIGHT- OF-WAY. The NONCONFORMING through LOT utilizing the reduced FRONTAGE shall establish the LOT FRONTAGE along the local road only. FRONT AGE along a collector or arterial roadway to serve such LOTS is prohibited. FRONT Y ARCS along the local road shall be developed with STRUCTURES having an average FRONT YARD with a variation of not more than six feet; no BUILDING thereafter erected shall project beyond the average line so established. C. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). Page 13 of 176 ~~~_...__.- The purpose and intent of the residential single-family districts "RSP' is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low DENSITY. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, and RSF-6 districts is in requirements for DENSITY, LOT area, LOT width, YARDS, height, FLOOR AREA, LOT COVERAGE, parking, landscaping, and SIGNS. Certain STRUCTURES and uses designed to serve the immediate needs of the single-family residential DEVELOPMENT in the RSF districts, such as governmental, educational, religious, and noncommercial recreational uses, are . permitted as CONDITIONAL USES as long as they preserve, and are compatible with, the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum DENSITY permissible in the residential-single-RSF districts and the urban mixed use land use designation shall be guided, in part, by the DENSITY rating system contained in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted in the RSF district shall not exceed the DENSITY permissible under the DENSITY rating system, except as permitted by policies contained in the future land use element. D. Residential Multiple-Family-6 District "RMF-6". The purpose and intent of the residential multiple-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family residences having a low profile silhouette, surrounded by OPEN SPACE, being so situated that it is located in close proximity to public and commercial services and has direct or convenient ACCESS to collector and ARTERIAL ROADS on the County major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum DENSITY permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the DENSITY rating system contained in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted in the RMF-6 district shall not exceed the DENSITY permissible under the DENSITY rating system, except as permitted by policies contained in the future land use element. E. Residential Multiple-Family-12 District "RMF-12". The purpose and intent of the residential multiple-family 12 district "RMF-12" is to provide lands for multiple-family residences having a mid-rise Profile, generally surrounded by lower STRUCTURES and OPEN SPACE, located in close proximity to public and commercial services, with direct or convenient ACCESS to collector and ARTERIAL ROADS on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as CONDITIONAL USES as long as they preserve and are compatible with the mid-rise multiple-family character of the district. The RMF-12 district Page 14 of 176 corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum DENSITY permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the DENSITY rating system contained in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted in the RMF-12 district shall not exceed the DENSITY permissible under the DENSITY rating system, except as permitted by policies contained in the future lanQ use element. F. Residential Multiple-Family-16 District "RMF-16". The purpose and intent of the residential multiple-family-16 district "RMF-16" is to provide lands for medium to high DENSITY multiple-family residences, generally surrounded by OPEN SPACE, located in close proximity to public and commercial services, with direct or convenient ACCESS to arterial and COLLECTOR ROADS on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as CONDITIONAL USES as long as they preserve and are compatible with the medium to high DENSITY multiple- family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum DENSITY permissible iljl the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the DENSITY rating system contained in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted in the RMF-16 district shall not exceed the DENSITY permissible under the DENSITY rating system, except as permitted by policies contained in the future land use element. G. Residential Tourist District "Rr'. The purpose and intent of the residential tourist district "Rr' is to provide lands for tourist accommodations and support facilities, and multiple-family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. H. Village Residential District ''VR''. The purpose and intent of the village residential district "VR" is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, with relatively small BUILDING footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum DENSITY permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the Page 15 of 176 -'-"-- -~-- "'--. ~"--- DENSITY rating system contained in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted in the VR district shall not exceed the DENSITY permissible under the DENSITY rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of theGMP. I. MOBILE HOME District "MH". The purpose and intent of the MOBILE HOME district "MH" is to provide lands for MOBILE HOMES and modular built homes as defined in this land DEVELOPMENT lOC, that ensure, that they are consistent' and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP. The maximum DENSITY permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the DENSITY rating system contained in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted in the MH district shall not exceed the DENSITY permissible under the DENSITY rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. J. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not perrrtitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. 2.03.02 Commerical Zoning Districts A. Commercial Professional and General Office District "C-1". The purpose and intent of the commercial professional and general office district C-1 is intended to allow a concentration of office type BUILDINGS and land uses that are most compatible with, and located near, residential areas; Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUO, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have moming and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment: Such convenience commercial uses shall be made an integral part of an office BUILDING as opposed to the singular use of a BUILDING. Housing may also be a Page 16 of 176 component of this district as provided for through CONDITIONAL USE approval. B. Commercial Convenience District "C-2". The purpose and intent of the commercial convenience district "C;;.2." is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent ~hat office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates NEIGHBORHOOD CENTER district of the Golden Gate Master Plan; the NEIGHBORHOOD CENTER district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the LOCATIONAL CRITERIA for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum DENSITY permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the DENSITY rating system contained in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted in a district shall not exceed the DENSITY permissible under the DENSITY rating system. C. Commercial Intermediate District "C-3". The purpose and intent of the commercial intermediate district "C-3" is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level STREETS. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned SHOPPING CENTERS. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the LOCATIONAL CRITERIA for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum DENSITY permissible in the C-3 district' and the urban mixed use land use designation shall be guided, in part, by the DENSITY rating system contained in the future land use element of the Collier County GMP. Page 17 of 176 -.-...-.---.,...-.... -----.-.--...-.-. -'--- .~.- -.-.-, The maximum DENSITY permissible or permitted in the C-3 district shall not exceed the DENSITY permissible under the DENSITY rating system. D. General Commercial District "C-4". . The general commercial district "C-4" is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of ARTERIAL ROADS. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the LOCA TIONAL CRITERIA for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum DENSITY permissible or permitted I in a district shall not exceed the DENSITY permissible under the DENSITY rating system. E. Heavy Commercial District "C-5". In addition to the uses provided in the C-4 zoning district, the heavy commercial district "C-5" allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed STRUCTURE or have showrooms displaying the BUILDING material for which they specialize. Outdoor storage YARDS are permitted with the requirement that such YARDS are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the LOCATIONAL CRITERIA for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. F. Travel trailer-RECREATIONAL VEHICLE campground district (TTRVC) 1. Purpose and intent. The provisions of this district are intended to apply to trailer LOTS for travel trailers, park model travel trailers and RECREATIONAL VEHICLES, not exceeding 480 square feet in gross FLOOR AREA. Such trailer LOTS are intended to accommodate travel trailers, model travel trailers, pickup coaches, motor homes, and other Page 18 of 176 vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recreating. TTRVC vehicles may be permanently located on a LOT; however, no person or persons may occupy said vehicles as permanent places of residence. 2. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to the County Manager or his designee and construction shall be in accordance with approved plans and specifications and further subject to the provisions of site DEVELOPMENT plans in section 10.02.03. Such plans shall meet the requirements of this district and shall show, at a minimum, those items identified herein. 3. Required internal park STREET system. All LOTS/spaces within a TTRVC park shall have direct access from an internal STREET. All internal STREETS within the district shall provide safe and convenient access to a public STREET. The RIGHT-OF-WAY widths, paving widths, and other construction standards, including gradient and alignment of all internal STREETS and drainage shall be subject to the standards for DEVELOPMENT of supporting infrastructure as provided in the SUBDIVISION regulations, in Chapter 10. For the purpose of this subsection, internal STREETS shall refer to STREETS, including necessary RIGHT-OF-WAY or easement, located within the confines of the project legal description and providing no access to other land PARCELS. 4. Required facilities for campsites and TTRV LOTS. a. Sanitary facilities, including flush toilets, and showers within 300 feet walking distance from every campsite LOT and as approved by the Collier County health department, or in the event of a private on-site system connection to a county system subject to county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times. b. Potable water supply as approved by the Collier County health department and/or the director of DEVELOPMENT services pursuant to Chapter 10. c. A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, LOTS or other TTRVC LOTS or parking areas. d. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available, and a telephone is available for public use. Page 19 of 176 .- e. One parking space per campsite or TTRV LOT. 5. Sanitary waste disposal. Unless every travel trailer site has a sanitary waste outlet, a central pump-out station shall be provided. 6. Off-STREET parking. As required in section 4.05.00. '., 7. Permanent location of TTRV vehicles. TTRV vehicles including park model, travel trailers, may be permanently located on a LOT; however, no permanent residency is allowed. 8. Compliance. Where travel trailer/park model LOTS are being sold to individuals, the developer/owner of the LOTS shall include in the title transfer document a covenant attesting to the fact that the LOT cannot be used as a place of permanent occupancy. All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park in existence on the effective date of this district shall be AL TERED so as to provide a lesser degree of conformity) with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the DEVELOPMENT shall conform with all other regulations of this district. Every proprietor, manager, homeowners' association, or CONDOMINIUM association of a TTRV park shall maintain a register of tenants or occupants, noting the duration of the rental arrangement or length of occupancy for owner/occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the county manager. In the event of owner/occupied LOTS within the TTRVC district, said owner is responsible for registering his or her arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as herein provided. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code. Any proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. 9. FLOOD program requirements. All travel trailers, park model travel trailers, RECREATIONAL VEHICLES and accessory STRUCTURES Page 20 of 176 shall comply with the current Collier County FLOOD Damage Prevention Ordinance [Code ch. 62, art. II] if permanently attached to the ground or utility facilities. 10. Anchoring/sewer, water and electrical connections. Park model travel trailers, when positioned on a LOT in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility autho-rized to provide such service in Collier County. 11. BUILDING permit. A BUILDING permit shall be required for any permitted use prior to water, sewer or electric connection. 12. SIGNS. As required in section 5.06.00. 2.03.03 Industrial Zoning Districts A. Industrial District "I". The purpose and intent of the industrial district "I" is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair, are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. B. Business Park District "BP". The purpose and intent of the business park district "BP" is to provide a mix of INDUSTRIAL USES, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value-added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural DENSITY and large landscaped areas provided for both the functional use of BUFFERING and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban- industrial districts of the future land use element of the Collier County GMP. 2.03.04 Civic and Institutional Zoning Districts A. Public Use District "P". The purpose and intent of public use district "P" is to accommodate only local, state, and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the Page 21 of 176 --- ....---. coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. B. Community Facility District "CF". The purpose and intent of "CF" district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, OPEN SPACE uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to ensure COMPATIBILITY with existing or future nearby residential DEVELOPMENT . The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 2.03.05 OPEN SPACE Zoning District A. Golf Course District "GC". The purpose and intent of "GC" district is to provide lands for golf courses and normal ACCESSORY USES to golf courses, including certain uses of a commercial nature. The GC district shall be in accordance with the ~rban mixed use district and the agricultural rural district of the future land. use element of the Collier County GMP. !\ I B. Conservation District "CON". \ The purpose and intent of the conservation district "CON" is to conserve, protect, and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, WETLANDS, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for DEVELOPMENT in the CON District must be subject to rigorous review to ensure that the impacts of the DEVELOPMENT do not destroy or unacceptably degrade the inherent functional values. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concem, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON district to require review of all DEVELOPMENT proposed within the CON district to ensure that the inherent value of the County1s natural resources is not destroyed or unacceptably ALTERED. The CON district corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. Page 22 of 176 1. ALLOW ABLE USES. The following uses are allowed in the CON District. a. USES PERMITTED AS OF RIGHT. (1) On privately held land only, single family DWELLING UNITS, and MOBilE HOMES where the MOBILE HOME Zoning Overlay exists. (2) On publicly and privately held lands only, dormitories, DUPLEXES and other types of housing, as may be incidental to, and in support of, CONSERVATION USES. (3) Passive parks, and other passive recreational uses, including, but not limited to: (a) OPEN SPACE and recreational uses; (b) biking, hiking, canoeing, and nature trails; (c) equestrian paths; and II (d) nature preserves and wildlife sanctuaries. i! ill\ (4) Habitat p~eservation and CONSERVATION USES. (5) Family and Group Care Facilities. (6) Sporting and Recreational camps incidental to CONSERVATION USES on public lands; or, on privately held lands, (7) AGRICULTURAL USES that fall within the scope of Sections 163.3162(4) and 823.14(6} Florida Statutes. (8) OIL AND GAS EXPLORATION subject to state drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C- 25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits Page 23 of 176 -. ,--- for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (9) The following ESSENTIAL SERVICES: (a) Private wells and septic tanks necessary to serve uses identified in1 through 8 above. (b). Utility lines necessary to serve uses identified in1 through 8 above, with the exception of sewer lines. (c) Sewer lines and lift stations if all of the following criteria are satisfied: i. Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON DISTRICT; ii. Such sewer lines or lift stations shall be located with already cleared portions of existing rights-or-way or EASEMENTS; and iii. Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas or to the Rural Transition Water and Sewer District. (d) Water pumping stations necessary to service a central water system providing service to Urban Areas and/or the Rural Transition Water and Sewer District. b. USES ACCESSORY TO PERMITTED USES. Uses and STRUCTURES that are accessory and incidental to uses permitted as of right in the CON DISTRICT. Page 24 of 176 c. CONDITIONAL USES. The following uses are permitted as CONDITIONAL USES in the CON, subject to the standards and procedures established in section 10.08.00 and further subject to: 1) submission of a plan for DEVELOPMENT as part of the required EIS that demonstrates that WETLANDS, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate.t. to limit the size, location, and access to the conditional use. (1 ) Oil and gas field DEVELOPMENT and production, subject to state field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the adtivity occurs within the Big Cypress Watershed, as defin~d in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental . permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (2) Those ESSENTIAL SERVICES set forth in section 2.01.03 G.2. (3) Commercial uses accessory to permitted uses A.3, A.4, and A.7 above, such as retail sales of produce accessory to farming, or a REST AUAANT accessory to a park or preserve, so long as limitations are imposed to Page 25 of 176 "^,._---",,_._---,- <."w,.,._.....~._ .-...'",.._-.,,- -~-~".,~,_., ensure that the commercial use functions as a subordinate use. (4) Staff housing in conjunction with safety service facilities and ESSENTIAL SERVICES. 2. DESIGN CRITERIA. a. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to all permitted and ACCESSORY USES in the CONSERVATION DISTRICT (CON). (1) Minimum LOT area. Each dwelling unit, other than for staff housing and sporting and recreational camps, must be physically situated on a minimum five acre PARCEL except within the Big Cypress National Preserve, where each dwelling unit must be physically situated on a minimum 3 acre PARCEL, except for those legal NONCONFORMING LOTS or PARCELS in existence as of June 22,2002, of less than five acres outside of the Big Cypress National Preserve and of less than 3 acres within the Big Cypress National Preserve. (2) Minimum LOT width. One hundred fifty feet. (3) Minimum YARD requirements. (a) FRONT YARD. 50 feet. (b) Side YARD. 50 feet. (c) Rear YARD. 50 feet. (4) Maximum height. Thirty-five feet. b. MAXIMUM DENSITY AND INTENSITY. (1 ) Single family dwellings and MOBILE HOMES (a) One dwelling unit for each five gross acres or one dwelling unit for each legal, NONCONFORMING LOT or PARCEL in existence as of June 22, 2002 of less than five acres, except within the. Big Cypress National Preserve. Page 26 of 176 (b) Within the Big Cypress National Preserve, one dwelling unit per 3 gross acres, or one dwelling unit per legal, NONCONFORMING LOT or PARCEL in existence as of June 22, 2002 of less than 3 acres. (2) Family Care Facilities: 1 unit per 5 acres. (3) Group Care Facilities and other Care Housing Facilities: maximum FLOOR AREA ratio not to exceed 0.45. (4) Sporting and Recreational Camps: 1 lodging unit per 5 gross acres, which may be achieved through CLUSTERING. (5) Staff housing: 1 lodging unit per 5 gross acres, which may be achieved through CLUSTERING. , c. OFF-STREET PARKING. As required in Chapter 4 of the Code. I d. LANDSCAPING. As required in Chapters 4 and 10 of the \ Code. e. SIGNS. As required in section 5.06.00 of the Code. 2.03.06 Planned Unit DEVELOPMENT Districts A. Purpose and intent The purpose and intent of establishing the planned unit DEVELOPMENT district (PUD) is to provide procedures and standards to encourage mixed use planned DEVELOPMENT S that may be situated at appropriate locations, or planned DEVELOPMENT S that mayor may not be mixed use in the urban fringe areas, all in accordance with the planning and DEVELOPMENT objectives of the county under the LDC and the GMP. It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and DEVELOPMENT or redevelopment of relatively large tracts of land under unified ownership or control. PUDs produced in compliance with the terms and provisions of this LDC and the GMP may depart from the strict application of SETBACK, height, and minimum LOT requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest, in order to: B. The PUD process is intended to accomplish the following: Page 27 of 176 .-........----- _'n.. "..'_' 1. Provide a creative approach to improve the quality of the built environment of contiguous tracts of land which will encourage DEVELOPMENT of infill PARCELS of contiguous tracts of land in certain circumstances. 2. Create a more desirable environment providing for consistency and visual harmony than would be possible through strict application of the minimum requirements of this LDC. 3. Encourage pattems of lad use that support economical provisions of infrastructure, resulting in smaller networks of utilities 'and STREETS with consequent lower construction and future maintenance costs. 4. Evaluate the impact of a particular PUD on the present and projected population, economy, land use pattem, tax base, STREET system, and public facility network(s) of the county relative to the various costs and benefits associated with such DEVELOPMENT. 5. Assure that the DEVELOPMENT employs techniques featuring amenities and excellence in the form of variations in siting, mixed land uses and/or varied DWELLING types, as well as adaptation to and conservation of the topography and other natural characteristics of the land involved. Exceptions to variations in siting, mixed land uses and/or varied DWELLING types may be granted on PUD infill DEVELOPMENT. C. PUD districts shall hereafter be established by amendment of the official zoning atlas according to the procedures established in Chapter 10. The purpose and intent of establishing and identifying the following classifications is to identify a relationship between a proposed PUD and the other zoning districts within this LDC. The goal is to relate the purpose and intent of the PUD zoning district and the uses permitted within a PUD to defined zoning districts within this LDC and to establish appropriate uses and performance standards within this PUD, which are similar to those allowed by the most similar district(s). PUDs shall hereafter be defined by the following districts and shall be referenced as such within the PUD document as follows: 1. Residential planned unit DEVELOPMENT district. This district is intended to further the general purpose of a planned unit DEVELOPMENT district set forth above as it relates to residential areas. The PRINCIPAL USE of any residential planned unit DEVELOPMENT is for human habitation in permanent and/or seasonal year-round DWELLING UNITS. The RPUD district shall be construed to include the following zoning districts: RSF-1, RSF-2, RSF- 3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, AND MH. 2. Community facilities planned unit DEVELOPMENT district. This district is intended to accommodate public facilities, institutional uses, OPEN SP ACE uses, recreational uses, water-related or dependent uses, and Page 28 of 176 other governmental, religious and community service activities which complement and are necessary to serve other zoning districts. 3. Commercial planned unit DEVELOPMENT district. This district shall be construed to include the following districts: C-1, C-2, C-3, C-4, C-5 and TTRVC. ACCESSORY USES which may be permitted' in the commercial planned unit DEVELOPMENT district include permanent and/or seasonal human habitation in multiple-family BUILDINGS and TOWNHOUSES, transient housing in HOTEL or MOTEL rooms, health care facilities, and other limited institutional uses. 4. Industrial planned unit DEVELOPMENT district. This district is intended to accommodate industrial DEVELOPMENT The PRINCIPAL USE of any industrial planned unit DEVELOPMENT is the manufacture of goods, materials and the storage and wholesale distribution of such goods or materials. 5. AIRPORT operations planned unit DEVELOPMENT district (AOPUD). This district is intended to accommodate and regulate those lands on which public AIRPORTS and ancillary facilities are to be located. 6. Mixed use planned unit DEVELOPMENT district (MPUD). This district is intended to accommodate a planned unit DEVELOPMENT with more than one type of PUO district. The PUO document shall define the mixture of PUO districts as set forth in this section. 7. Research and technology park planned unit DEVELOPMENT district. This district is intended to accommodate a planned unit DEVELOPMENT with a mixture of targeted industry uses - aviation/aerospace, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non-INDUSTRIAL USES, in accordance with the design requirements of section 4.07.05 of this LOC and the GMP research and technology park subdistrict. a. Type A - Research and technology park in the urban-mixed use district of the GMP. b. Type B - Research and technology park in the urban commercial district of the GMP. c. Type C - Research and technology park in the urban industrial district of the GMP. d. At a minimum, 60 percent of the total park net acreage shall be devoted to target industry uses as defined below in section 2.03.06(0) of this LOC, use regulations table. e. Non-target industries, as defined below in section 2.03.06(0) of this LOC, use regulations table, and WORKFORCE HOUSING, shall be permitted to include up to twenty (20) percent of the total park net acreage. Page 29 of 176 -"-'-,,_._~-- .-.- D. The following are permissible uses in the Research and Technology Park PUD: Special Notes RTPPUD Identified use Or Reaulation Accessory uses and structures 4.07.02 and P 5.03.00 AccountinQ 8721, 7521,7231,7241 NT Administrative offices P (2) Aircraft & Parts 3721-3728 T Aviation/Aerospace Industries A TM (automatic teller machine) P Automobile service station 5.05.05 NT Banks and financial establishments NT Group I 6011 - 6062 NT Group" 6081 - 6173 Bar or cocktaillounae - , Barber Shops 7241 NT I Beauty Shops 7231 NT Boats: Boat ramps and dockage (not NT marinas) 5.03.06 Boat rental Boat repair and service - Boat sales NT Broadcast studio, commercial radio T and television Business services 7311 - 7352, NT 7359-7389 Cable and other pay television T services 4841 Call Center and Customer Support T Activities Car wash NT CD-ROM development T Clothing stores, Qeneral NT Communication Qroups 4812-4841 T Communication towers: 75 feet or less in height 5.05.09 P More than 75 feet in heiaht CU Computer and data processina T Page 30 of 176 Special Notes RTPPUD Identified use Or Reaulation services, Computer related services, not elsewhere classified Consumption on premises NT Convenience food and beverage :NT store Day care center, adult & child PINT services Data and Information processing T Development testing and related T manufacturing Drive-through facility for any P Permitted use DruQs, Medicine 2833-2836 T DruQstore, pharmacy 5912 NT Dwelling unit: Single-family, duplex Two-family attached P Townhouse, multiple-family P building P Educational, scientific and T research orQanizations Engineering 0781, 8711-8713, NT 8748 Export based laboratory research T or testinQ activities Fences, walls 5.03.02 P Food and beveraQe service, limited NT Food stores 5411-5499 NT Gasoline dispensing system, NT special General Merchandise 5331-5399 NT General Contractors 1521-1542 NT Gift and souvenir shop NT Hardware store 5251 NT Health care facilities: 8011 - 8049 NT 8051 - 8099 NT Health TechnoloQies T Heliport or helistop P Hobby, tOY and Qame shops NT Hotel/motel: 7011, 7021, 7041 NT Page 31 of 176 Special Notes RTPPUD Identified use Or Regulation Housing units for employees only 5.05.03 P Insurance companies 6311-6399, NT 6411 Infonnation Technologies ',. T laboratories 5047,5048,5049" 'T 8071,8731,8734 Laundry or dry cleaning NT Legal Offices 8111 NT MANUFACTURING OF: 1. Electronics 3612-3699 T 2. Measuring, analyzing & Controlling instruments, T 3812 - 3873 3. Novelties, jewelry, toys NT i and signs I Management 8741-8743, 8748 NT I Medical Laboratory 8071 ,8072, T 8092,8093 Membership Organization 8611- NT 8699 Motion picture production studio NT 7812-7819 Multimedia activities T Parks P Parking lot: Accessory P Garage, public parking P Personal services 7211-7299 NT Phannacy NT Photo finishing laboratory T Photographic Studios 7221 NT Physical Fitness 7991 NT Play Ground P Printing and publishing 2752 T Production facilities and T operations/technology based Professional Office NT Research, development laboratories & Technology Parks: See Note (3) 8071,8731,8734 P Page 32 of 176 Special Notes RTPPUD Identified use Or Reaulation All others P Residential Development P including care units, family care facilities and group care facilities Residential accessory uses NT Restaurant, fast food NT Restaurants 5812-5813 NT Schools: Commercial 8243-8299 NT Security & Commodity Brokers NT 6211-6289 Self-service fuel pumps NT Signs in accordance with 5.06.00 5.06.00 P Storage: Indoor only. P Studios NT Telephone communications 4813 T Travel Agency 4724 NT Legend: (-) not permitted, (P) permitted, (CU) conditional use (T) target industry [RTPPUD only], (NT) non-target industry [RTPPUO only] Notes: (1) subject to limitations for commercial uses set forth in section 2.03.02(C) of this LOC. (2) accessory uses only (3) Subject to ordinance 02-24 (GMP amendment). E. The following are permissible commercial uses in PUDs: Ma'or Cate 0 S ecific Uses: a. Groups 6021- Commercial banks - drive-through facilities are 6029 rohibited b. Group 6531 Real estate agents and managers for property within PUO onl c. Group 5251 Hardware store only - 2,500 sq. ft. maximum floor area d. Grou 5331 Variet stores - 2,500 s . ft. maximum floor area e. Group 5339 Miscellaneous general merchandise stores, except catalog showrooms - 2,500 sq. ft. maximum floor area f. Group 5411 Grocery stores, except frozen food and freezer lants 10,000 s . ft. maximum floor area Fish, meat, and seafood markets onl Page 33 ot 176 '"-----_..~ h. Grou 5431 Fruit and ve etable markets i. Grou 5461 Retail bakeries j. Group 5499 Health food store only - 2,500 sq. ft. maximum floor area k. Grou 5541 Gasoline service stations, exce t truck sto s I. Groups 5611- Apparel and accessory stores - 2,500 sq. ft. 5661 maximum floor area m. Grou 5735 Record and r.erecorded ta e stores n. Group 5812 Eating place$, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive-throu h facilities 5921 Li uor stores 5947 Gift, novel , and souvenir sho s 5949 Sewin ,needlework, and iece oods stores 5992 Florists 7212 A ents for laundries and d cleaners onl Coin-o erated laundries and d cleanin Diaper service, and garment alteration and repair I sho s onl ; v. Group 7231 Beauty shops, except beauty schools and cosmetolo schools w.Grou 7241 Barber sho s, exce t barber colle es x. Group 7299 Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons onl Housekee in and maid service onl Video ta e rental Ph sical fitness facilities Offices and/or clinics of physicians, and offices an/or clinics of dentists Offices and clinics of chiro ractors F. Special requirements for public school facilities within a planned unit DEVELOPMENT. 1. Permitted facilities. ANCILLARY PLANTS and EDUCATIONAL PLANTS are both permitted in a planned unit DEVELOPMENT district; however, any high school located in this district is subject to a COMPATIBILITY REVIEW as described in section 10.02.03 of the code. 2. YARD Requirements for public schools. Page 34 of 176 a. For PRINCIPAL STRUCTURES: 50 feet from all property lines. b. For ACCESSORY STRUCTURES: 25 feet from all property lines. 2.03.07. Overlay Zoning Districts A. Corridor Management Overlay "C~O" 1. The purpose of the "CMO" district is to supplement, existing zoning regulations for properties bordering Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette-Frank Road south of Pine Ridge Road. The CMO district will implement the urban design concepts developed in the corridor management study for Goodlette- Frank Road and Golden Gate Parkway. These regulations recognize that two (2) separate jurisdictions govern land uses in these corridors and are designed to develop greater consistency in design standards between Collier County and the City of Naples. 2. These regulations apply to all properties ADJACENT to the rights-of- way of Goodlette-Frank Road from U.S. 41 to Pine Ridge Road: and Golden Gate Parkway from U.S. 41 to Santa Barbara Bouleva~ as measured perpendicular from the ABUTTING RIGHT-OF-WAY or a distance of 330 feet. Except as provided in this regulation, all other use, dimensional, and DEVELOPMENT requirements shall be as required in the underlying zoning categories. B. MOBILE HOME Overlay "MHO" The "MHO" district is intended to apply to those agricultural areas where a mixture of housing types is found to be appropriate within the district. It is intended that MOBILE HOMES allowed under this section shall be erected only in the Rural Agricultural district and only when the requirements and procedures of this section are met. C. AIRPORT Overlay "APO" The purpose and intent of the "APO" district is to provide both airspace protection and land use COMPATIBILITY in relation to the normal operation of public-use AIRPORTS located within the County, including the Naples Municipal AIRPORT, Everglades City Airpark, Marco Island Executive AIRPORT, Immokalee Regional AIRPORT, and all existing and future public- use AIRPORTS and heliports in the County. The purpose and intent of these regulations shall be as follows: 1. To attempt to promote maximum safety of aircraft arriving at and departing from all public-use AIRPORTS located within the County; a. To attempt to promote maximum safety of residents and property within areas surrounding public-use AIRPORTS located within the County; Page 35 of 176 ... .-._-,",.,._~_....._...._...." '- -..-. b. To attempt to promote full utility of the public-use AIRPORTS within the County; c. To provide DEVELOPMENT standards for land uses within prescribed noise zones associated with the normal operation of public-use County AIRPORTS; d. To provide BUILDING height standards for use within the approach, transitional, horizontal, and conical zones so as to encourage and promote proper DEVELOPMENT beneath such areas; e. To provide administrative and enforcement procedures for the efficient and uniform regulation of all DEVELOPMENT proposals within such areas; and f. That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples Municipal, Everglades, Marco Island, and Immokalee AIRPORTS as indicated on the AIRPORT zoning maps of the County. Lands lying within various zones as indicated on the AIRPORT zoning maps are subject to the additional regulations set out in this section. D. Special Treatment Overlay "sr 1. Within the County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and ADJACENT ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County. Such areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal BEACHES, estuaries, cypress domes, natural drainage ways, AQUIFER recharge areas, and lands and STRUCTURES of historical and archaeological significance. The purpose of the "sr district is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems, and at the same time, permit those types of DEVELOPMENT which will hold changes to levels determined acceptable by the BCC after public hearing. 2. An overlay zoning district classification to be known as the ST special treatment overlay district, and to be designated on the Official Zoning Atlas by the symbol "ST" together with the symbol of the basic zoning district which it overlays, is hereby established. This overlay district classification will be used for those lands of environmental sensitivity Page 36 of 176 and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by this LDC. The placement or removal of this the ST district shall be govemed by the procedure for amending the LDC and this Official Zoning Atlas as prescribed in Chapter 10. All land within the ST overlay district shall be designated as environmentally sensitive. 3.For purposes of identifying- land from which the residential DEVELOPMENT rights have been transferred, such lands shall be designated on the Official Zoning Atlas by affixing the letter "P" for preservation to the symboIIlST," thusly "P-ST.II Such designation shall be placed on the land after the BCC has accepted the deed and/or guarantee to said property. 4. Transfer of DEVELOPMENT Rights (TDR) a. Purpose, Intent and Applicability. i. PURPOSE. 1 The primary purpose of the TOR process is to establish an I equitable method of protecting and conserving lands detemiined to have significant environmental value, including large connected wetland systems and significant areas of habitat for listed species; and To provide a viable mechanism for property owners of such environmentally valuable lands to recoup lost value and DEVELOPMENT potential which may be associated with the application of environmental preservations standards to such lands. ii. INTENT. These TDR provisions are intended to accomplish the above stated purpose through an economically viable process of transferring DEVELOPMENT rights from less suitable non-RFMU sending areas and RFMU SENDING LANDS to more suitable non-RFMU receiving areas and RFMU RECEIVING LANDS. iii. APPLICABILITY . These TDR provisions shall be applicable to those areas specifically identified in (b), (c) and (d) below. These TDR provisions shall not be applicable to the any transfer of DEVELOPMENT rights within the RLSA District. b. TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned Page 37 of 176 .0..__- properties, which mayor may not be identified with the ST overlay, may elect to transfer some or all of the residential DEVELOPMENT rights from one PARCEL of land to another PARCEL, as an alternative to the DEVELOPMENT of the sending lands. The lands to which the DEVELOPMENT rights are to be transferred shall be referred to as receiving lands and those lands from which DEVELOPMENT rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county. '" i. The DEVELOPMENT rights shall be considered as interests in real property and be transferred in portions or as a total as provided in this section. Once used, the residential DEVELOPMENT rights shall not be used again and the residential DEVELOPMENT rights of the subject lands providing them shall be considered severed forever. ii. The transfer of DEVELOPMENT rights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. I ! iii. The minimum area of land eligible for the transfer of DEVELOPMENT rights shall be equal to the minimum LOT size for the sending zone. For the purposes of this section, legal non- conforming LOTS of record may be eligible to transfer DENSITY, with the minimum area of the receiving land equal to the area of the legal non-conforming LOT OF RECORD, excluding submerged land. iv. Upon the approval of the transfer of residential DEVELOPMENT rights by a super majority vote of the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. ~ 704.06, as amended, with the approval of the board of county commissioners. v. The maximum number of residential units which may be requested for transfer shall be compiled on the basis of the permitted DENSITY pursuant to the underlying zoning category of the sending land. vi. Maximum number of residential units which eligible lands may receive. Page 38 of 176 a) Lands in all residential zoning districts and residential components of planned unit DEVELOPMENT zoning districts are eligible to receive residential DEVELOPMENT units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residential units permitted under the receiving property's basic zoning di~~rict. For the purpose of determining the number of residential units which a PARCEL of land is capable of receiving, the following formulas shall apply: i) RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base DENSITY X 10% = .1 to .5 units per acre ii) RMF-6 district, up to and including six units per acre: 6 units X 10% = 0.6 units per acre I ,I iii) RMF-12 district, seven to and including 12 units per acre: 12 units X 10% = 1.20 units per acre iv) RMF-16 district: 16 units X 5% = 0.80 units per acre v) RT district: 16 units X 5% = 0.80 units per acre 26 units X 5% = 1 .30 units per acre vi) PUD district: Residential tract units X 5% = permitted units per acre b) For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible PARCEL of land, the following shall apply: Any fractional residential unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. vii. PROCEDURE FOR OST AINING TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS. Any owner of eligible land may apply for a transfer of DEVELOPMENT rights either Page 39 of 176 ~,~. _.-- separately or concurrently with rezoning, zoning ordinance amendments, preliminary SUBDIVISION plat or DEVELOPMENT plan. Prior to the approval of any transfer of DEVELOPMENT rights or the issuance of any BUILDING permits in connection with the use of any transfer of DEVELOPMENT rights, the petitioner shall submit the following information and data, as applicable to the petition, to the DEVELOPMENT services director for his review and subsequent action by the board of county commissioners a) Name and address of property owner of sending land. b) Name and address of property owner of receiving land. c) Legal description of sending land from which transfer of residential DEVELOPMENT rights is petitioned. d) Survey of sending land from which transfer of residential DEVELOPMENT rights is requested. e) Legal description of receiving land which receives the transfer of residential DEVELOPMENT rights. f) Survey of the land which receives the transfer of residential DEVELOPMENT rights. g) Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. ~ 704.06, as amended, with the approval of the board of county commissioners in a form approved by the county attorney. h) The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the board of county commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and/or educational opportunities, creation of linkages between public or private OPEN SPACE, protection of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restri,ction of the use of such land and shall be binding upon all present Page 40 of 176 and subsequent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the BCC. viii. TIME LIMITATIONS ON BOARD OF COUNTY COMMISSIONERS' APPROVAL OF TRANSFER OF RESIDENTIAL DEVELOPMENT R,IGHTS OR AUTHORIZATION TO PROCEED WITH THE PROCESSING OF A BUILDING CONSTRUCTION PERMIT. The 'board of county commissioners' approval of a transfer of residential DEVELOPMENT rights or the County Manager or his designee authorization to proceed with the processing of a BUILDING or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential DEVELOPMENT rights or obtain and exercise an authorized BUILDING or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless for any damages arising out of the petitioner's failure to act. ix. SEQUENTIAL USE OF RESIDENTIAL UNITS APPROVED FOR TRANSFER BY THE BOARD OF COUNTY COMMISSIONERS. Upon the issuance of any permit for the construction of residential unit(s} upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the board of county commissioners, and the succeeding residential units constructed shall be considered the residential units permitted under the basic zoning district regulations. c. TOR CREDITS From RFMU SENDING LANDS: General Provisions i. CREATION OF TOR CREDITS. a} TOR CREDITS are generated from RFMU SENDING LANDS at a rate of 1 TDR CREDIT per 5 acres of RFMU Sending Land or, for those legal non-conforming LOTS or PARCELS of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TOR CREDIT per legal non-conforming LOT or PARCEL. b} For LOTS and PARCELS 5 acres or larger, the number of TOR CREDITS generated shall be calculated using the following formula: Page 41 of 176 --.. -- # of acres x 0.2 = # of TOR CREDITS generated. Where the number of TOR CREDITS thus calculated is a fractional number, the number of TOR CREDITS created shall be rounded to the nearest 1/1 OOth. ii. RECEIPT OF TOR CREDITS FROM RFMU SENDING LANDS. TOR CREDITS from RFMU SENDING LANDS may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU RECEIVING LANDS, as provided in Sections 2.03.07. (4){d) and (e) below. iii. PROHIBITION ON TRANSFER OF FRACTIONAL TORS. While fractional TOR CREDITS may be created, as provided in (i) above, TOR CREDITS may only be transferred from RFMU SENDING LANDS in increments of whole, not fractional, DWELLING UNITS. Consequently, fractional TOR CREDITS must be aggregated to form whole units, before they can be utilized to increase DENSITY in either non-RFMU Receiving Areas or RFMU RECEIVING LANDS. , iv. PROHIBITION ON TRANSFER OF DEVELOPMENT RIGHTS. a) TOR CREDITS shall not be transferred from RFMU SENDING LANDS where a conservation easement or other similar DEVELOPMENT restriction prohibits the residential DEVELOPMENT of such property. b) TOR CREDITS shall not be transferred from RFMU SENDING LANDS that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. d. TRANSFER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON-RFMU RECEIVING AREAS. i. TRANSFERS TO URBAN AREAS. a) Maximum DENSITY increase. In order to encourage residential in-fill in urban areas of existing DEVELOPMENT outside of the Coastal High Hazard Area, a maximum of 3 residential DWELLING UNITS per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of Page 42 of 176 I the Future Land Use Element DENSITY Rating System, subject to the appli'cable provisions of Chapters 2 and 9 of this Code, and the following conditions: i) The project is 20 acres or less in size;. ii) At time of DEVELOPMENT , the project will be served by central public water and sewer; iii) The property in question has no common site DEVELOPMENT plan in common with ADJACENT property; iv) There is no common ownership with any ADJACENT PARCELS; and v) The PARCEL in question was not created to take advantage of the in-fill RESIDENTIAL DENSITY bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from RFMU SENDING LANDS at Site Plan or Plat Approval. b) DEVELOPMENT s which meet the residential infill conditions i) through v) above may increase the base DENSITY administratively through a Site DEVELOPMENT Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional DENSITY from RFMU DISTRICT Sending Lands. ii. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE. TOR CREDITS may be transferred from RFMU SENDING LANDS located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a rate of 1.0 DWELLING UNITS per acre, allowing for a DENSITY increase from the existing allowable base DENSITY of 1.5 DWELLING UNITS per acre to 2.5 dwelling unit per gross acre. e. TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS. Page 43 of 176 <-~- ....~"" i. MAXIMUM DENSITY ON RFMU RECEIVING LANDS WHEN TOR CREDITS ARE TRANSFERRED FROM RFMU SENDING LANDS. a} The base RESIDENTIAL DENSITY allowable shall be as provided in sections 2.03.08 A.2.a.(2)(a} and 2.03.08 A.2.b.(3)(a}. '.. b} The DENSITY achievable through the transfer of TOR CREDITS into RFMU RECEIVING LANDS shall be as provided for in section 2.03.08 (A}(2}(a)(2}(b)(i) outside of RURAL VILLAGES and sections 2.03.08 (A}(2)(b}(3}(b) and 2.03.08 (A)(2}(b}(3)(c)(i) inside of RURAL VILLAGES. ii. REMAINDER USES AFTER TOR CREDITS ' ARE TRANSFERRED FROM RFMU SENDING LANDS. Where DEVELOPMENT rights have been transferred from RFMU DISTRICT Sending Lands, such lands may be retained in p~vate ownership and may be used as set forth in section 2.03.08 ~.4.b. \ f. PROCEDURES APPLICABLE TO THE TRANSFER OF TOR CREDITS FROM RFMU SENDING LANDS. i. GENERAL. The transfer of TOR CREDITS from RFMU SENDING LANDS does not require the approval of the County. However, those DEVELOPMENT s that utilize such TOR CREDITS are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site DEVELOPMENT plans, plat approvals, PUDs, and ORIs. ii. COUNTY-MAINTAINED CENTRAL TOR REGISTRY. In order to facilitate the County's monitoring and regulation of the TOR Program, the County shall serve as the central registry of all TOR CREDIT purchases, sales, and transfers, as well as a central listing of TOR CREDITS available for sale and purchasers seeking TOR CREDITS. No TOR CREDIT generated from RFMU SENDING LANDS may be utilized to increase DENSITY in any area unless the following procedures are complied with in full. a} TOR CREDITS shall not be used to increase DENSITY in either non-RFMU Receiving Areas or RFMU RECEIVING LANDS until severed from RFMU SENDING LANDS. TOR CREDITS shall be deemed to be severed Page 44 of 176 from RFMU SENDING LANDS at such time as a TOR CREDIT Certificate is obtained from the County and recorded. TOR CREDIT Certificates shall be issued only by the County and upon submission of the following: i) a legal description of the property from which the RFMU TOR CREDITS originated, including the total acreage; ii) a title search, or other evidence, establishing that prior to the severance of the TOR CREDITS from the RFMU SENDING LANDS, such Sending Lands were not subject to a conservation restriction or other DEVELOPMENT restriction that prohibited residential DEVELOPMENT; iii) a legal instrument, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TOR CREDITS as set forth in section 2.03.08 A.4.b.; and iv) a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU SENDING LANDS from which the TOR CREDITS were generated and that the value of any such remuneration is at least $25,000 per TOR CREDIT, unless such owner retains ownership of the TOR CREDITS after they are severed, unless the RFMU or non-RFMU RECEIVING LANDS on which the TOR CREDITS will be utilized and the RFMU SENDING LANDS from which the TOR CREDITS were generated are owned by the same persons or entities or affiliated persons or entities; and v) a statement attesting that the TOR CREDITS are not being severed from RFMU SENDING LANDS in violation of section 2.03.07 (D)(4)(c)(iv)(b) of this Code. b) A PUD or DRI utilizing TOR CREDITS may be conditionally approved, but no subsequent application for site DEVELOPMENT plan or SUBDIVISION plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TOR CREDITS needed for that portion Page 45 of 176 --, of the DEVELOPMENT that is the subject of the site DEVELOPMENT plan or SUBDIVISION plat; and ii) a TOR transaction fee sufficient to defray the expenses of the County in administering the Central TOR Registry. c) The develC?per shall provide documentation of the acquisition of full ownership and control of all TOR CREDITS needed for the DEVELOPMENT and of recordation of the TOR CREDIT Certificates for all such TOR CREDITS prior to the approval of any site DEVELOPMENT plan, SUBDIVISION plat, or other final local DEVELOPMENT order, other than a PUO or DR/. d) Each TOR CREDIT shall have an individual, and distinct tracking number, which shall be identified Of! the TOR Certificate that reflects the severance of the TOR CREDIT from RFMU Sending Land. The County TOR Registry shall maintain a record of all TOR CREDITS, to include a designation of those that have been expended. g. PROPORTIONAL UTILIZATION OF TOR CREDITS. upon! the issuance of approval of a site DEVELOPMENT plan or SUBDIVISION plat that is part of a PUO or ORI, TOR CREDITS shall be deemed to be expended at a rate proportional to percentage of the PUO or ORI's approved gross DENSITY that is derived through TDR CREDITS. All PUOs and ORis utilizing TOR CREDITS shall require that the rate of TOR CREDIT consumption be reported through the monitoring provisions of sections 10.02.12 and 10.02.07 (C)(1 )(b) of this Code. S.ln accordance with ~ 380.05, F.S. and chapter 73-131 Laws of Florida, the administrative commission instituted regulations for the Big Cypress Area of Critical State Concern "ACSC". The purpose of these regulations is to conserve and protect the natural, environmental, and economic resources of the Big Cypress area. Furthermore, these regulations are to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned DEVELOPMENT, and protect the health, safety and welfare of residents of the state. The Florida Administrative Code establishes criteria for site alteration, drainage, transportation facilities and STRUCTURE installation. These regulations are ,implemented through the land DEVELOPMENT regulations as set forth in section 4.02.14. An overlay zoning classification to be known as Area of Critical State Concern/Special Treatment Overlay shall be designated on the Official Zoning Atlas with symbol ACSC-ST. Page 46 of 176 E. Historical and Archaeological Sites "H" It is the intent of these regulations to recognize the importance and significance of the County's historical and archaeological heritage. To that end, it is the county's intent to protect, preserve, and perpetuate the County's historic and archaeological sites, districts, STRUCTURES, BUilDINGS, and properties. Further, the BCC, finds that these regulations are necessary to protect the public interest, to halt illicit digging or excavation activities which could result in the destruction of prehistoric and historic archaeological sites, and to regulate the use of land in a manner which affords the maximum protection to historical and archaeological sites, districts, STRUCTURES, BUilDINGS, and properties consistent with individual property rights. It is not the intent of this lOC to deny anyone the use of his property, but rather to regulate the use of such property in a manner which will ensure, to the greatest degree possible, that historic and archaeological sites, districts, STRUCTURES, BUilDINGS, and properties are protected from damage, destruction, relocations, or exportations. Areas for consideration for inclusion in areas of historical/archaeological probability shall have one (1) or more of the following characteristics: 1. The area is associated with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric,! or architectural history that have contributed to the pattern of history in the community, the County, the State of Florida, or the nation; or 2. The area is associated with the lives of persons significant in history; or 3. The area embodies the distinctive characteristics of a type, period, method, or materials of construction that possess high artistic value, quality of design craftsmanship, or that represent an individual architect or builders prominence or contribution to the DEVELOPMENT of the County, the State of Florida, or the nation; or 4. The area was the location of historic or prehistoric activities including, but not limited to, habitation, religious, ceremonial, burial, or fortification during a particular period of time, which may maintain a sufficient degree of environmental integrity to reflect a significant aspect of the relationship of the site's original occupants to the environment; or 5. The area is historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or 6. The area has yielded or is likely to yield information on local history or prehistory; or 7. The area derives its primary significance from architectural or artistic distinction of historical importance; or 8. The area is the birthplace or grave of historical figure or is a cemetery which derives its primary significance from graves of persons of Page 47 of 176 ..-.- 0__ importance, from age, from distinctive design features, or from association with historic events; or 9. The area is the site of a BUILDING or STRUCTURE removed from its original location which is significant for its architectural value, or is the sole surviving STRUCTURE associated with historic period, person, or event; or 10. The area is a property primarily commemorative in intent, where design, age, tradition, or symbolic value has invested it with its own historical significance; or '.. 11. The area is an area containing known archaeological sites that have not been assessed for significance but are likely to conform to the criteria for historical/archaeological significance or areas where there is a high likelihood that unrecorded sites of potential historical/archaeological significance are present based on prehistoric settlement patterns and existing topographic features; or 12. The area is included in the National Register of Historic Places. F. Golden Gate Parkway Professional Office Commercial Overlay "GGPPOCO" 1. The provisions of the "GGPPOCO" district are intended to provide Golden Gate City with a viable professional office commercial district. The professional office commercial district has two (2) purposes. (1), to serve as a bonafide entry way into Golden Gate City. (2), to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office DEVELOPMENT which minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure COMPATIBILITY with ABUTTING residential districts. 2. These regulations apply to properties north and south of Golden Gate Parkway, starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W. in Golden Gate City as measured perpendicularly from the ABUTTING RIGHT-Of-WAY for a distance of approximately 3,600 feet more or less and consisting of approximately 20.84 acres. These properties are identified on Map two (2) of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and DEVELOPMENT requirements shall be as required in the underlying zoning categories. G. Immokalee Overlay. To create the Immokalee 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 Overlay District are delineated on Map 1 below. Page 48 of 176 IMMOKAlEE OVeRLAY DISTRICT -.-.. - . .+. . ,.---,- . I' . 1 . - tift ... .-.. L.._ ,- ct:=.~w... - c:Itr.~. r::~:~ ....... ........ - ~ ~=:.. - --' - ....... ..~"". ! :':'1~~..... - . ~~.;:==:!.~~!:.~ Immokalee overlay district - Map 1 1. State Road 29 Commercial Overlay Subdistrict: Special conditions for the properties ABUTTING SR-29, as identified in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation ISR29COSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities, and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or COLLECTOR ROADWAY. The provisions of this subdistrict are intended to provide an increased commercial depth along SR-29 with DEVELOPMENT standards that will ensure coordinated ACCESS and appropriate landscaping and BUFFERING compatible with nearby residential properties. Page 49 of 176 -,- I . ..-...., .. co....nc.....o......."... .....DI.TRICT .idiaico.... ... I I .~ " ..... i ~~s. .""~ , I ~' 'I~ .;......~., -U - i1 I · . ~." .' '..~~'" . ,- .,.;~....,...~ . ,I ~~ -<< .,...~,... . I' ~I' I f,... . '. . :.~';:"ooI.:~':o.~..~ .".: " i~ :..' :....o.:~"';...~~;.:.~ - ," ~....,..<.....~...~y J f U' ~ J~~~.::.s.:S<~ f7 I loW. ' . J" M ;.l". .;;<;. ')0 I I.H~ t . ,: : t~~:~..'~Z; ." I.J 11<<11..: " " .. i '. IJI:I~.~ ~~;~ ,~_. .. . i~~~ 1~1"~.... ~rl'J' .~I ::: . ..,~~ .," ~n~..'~<1~:.L. t)' ~~ .;':. ~ IUh,l " oj...J ";"'1;. t~~ ,~:- :=J\ . 71 . .-'.' r 'lIftl' nlH ~,.M \ ~~. . I I 1 ~ : 11 h't' '. . '. . ' I 1'1 , f · 1 q I \: I I .I: Ir.fl.. -,,'" . I I In. . rw - , . 11,'. ..1.J - . . I ~i j+ 'I: kitH.. " , If llUl' .'l..I,. U" '1' di, 1 "~f ' I · - l:.if~ . I , . \-- I r. ~ . . '. I. r.... . ( . _. - -.......:...... .... 11. ~.. Jif \~ ::.:::::..:-. ~~:"~:\M . ,-' -. ....._- . ....~...... -~1::l~"",-,:- ~. __.~ L __J...::;;.-.__.......~ ~ ;- ~~~...---:"" ----.... .' ....._::..:._.:. ....--==:.-.. -- .. ~---_.... ,"II. .. _1_,., ~_... _ft.., .__..) Immokalee overlay district - Map 2 2. Jefferson A venue Commercial Overlay Subdistrict: Special conditions for the properties ABUTTING Jefferson Avenue as identified in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or COLLECTOR Page 50 of 176 ROADWAY. The provisions of this subdistrict are intended to provide an increased commercial opportunity along Jefferson Avenue with DEVELOPMENT standards that will ensure coordinated ACCESS and appropriate landscaping and BUFFERING to be compatible with nearby residential properties. ,- . .JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT '.JACOSO. .+-. .I- -=A1"hI "'~It$ON ...w:...c ::a-=-~, -= ===-~.::.___ 'Ol/I:".y 1IUIIUISftlltCT (MoCOID) , >>- , .a:H'UISCN A\IVNC COYNCItO-. ~LAY .....STWIC'I' (~) Jefferson Avenue Commercial Overlay - Map 3 3. Farm Market Overlay Subdistrict: Special conditions for the properties identified on Map 4; and further identified by the designation "FMOSD" Page 51 elf 176 .._~~-_.- ,-- on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for wholesale and retail uses, outdoor AGRICULTURAL PRODUCT displays and sales areas, truck parking, and packing houses and associated uses. The provisions of this subdistrict are intended to provide retail and wholesale opportunities for agricultural businesses as well as provide truck parking for agricultural sales but not within roadways and rights-of-way. The DEVELOPMENT standards contained herein have been designed to enhance and encourage DEVELOPMENT and redevelopment. I I - Page 52 of 176 Map 4 FARM MARKET OVERLAY SUB-D18TRICT CFMOBD' I ',. I II II~ 11& NlICA1U 'MY WMICCf OVERLAy --IlISTlKT L I .- .It ,,.. WNUCET CM:Rl..A't sue-c.nacT (f\l0ID. Page 53 of 176 ,--*_.. ..- -~-, ~- -.-,._....-._.-.."~_._-_.._<---- Farm Market Overlay Sub-District - Map 4 4. Agribusiness Overlay Subdistrict. Special conditions for the properties identified on Map 5; and further identified by the designation "AOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to provide for wholesale uses and agricultural packing houses and associated uses. The provisions of this subdistrict are intended to provide additional lands, for agricultural related businesses and expansion opportunities for existing agribusiness. The DEVELOPMENT standards contained herein have been designed to permit consistent land uses within the AOSD boundary. ! - Page 54 of 176 AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) '-'--' m ---- lNOlCA1ES AGRIBUSINESS O'v'ER1.AY SUB-OISlRICT J. I I I __ lilt ...... _..... ........ . - .. ........... ...... .. ---- ............ AGRIBUSINESS OVERLAY SUB-DISTRICT AOSO Page 55 of 176 ..--.---- "-'-"-'.. 5. Main STREET Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage DEVELOPMENT and redevelopment by enhancing and beautifying the downtown Main STREET area through flexible design and DEVELOPMENT standards. MAIN STREET OVERlAY SUBDISTRICT . L.- .... ~.. : mJ LL -' -'L' _ I r --- L_ ... .... - - Map 7 Main STREET Overlay Subdistrict 6. NONCONFORMING MOBILE HOME PARK Overlay Subdistrict. The purpose of these provisions is to recogn ize that there are NONCONFORMING MOBILE HOME PARKS in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take Page 56 of 176 " advantage of alternative DEVELOPMENT standards in order to cause some upgrading of conditions that would normally be required of conforming MOBILE HOME PARKS. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable STRUCTURE. H. Santa Barbara Commercial Overlay District "SBCO". Special conditions for properties ABUTTING the east side of. Santa Barbara Boulevard, as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. Page 57 of 176 _._,,, -"-'-_.,_.~- MAP 7 SANTA BARBARA COMMERCIAL SUBDISTRICT COLLIER COUNTY. FLORIDA . .. ~~ L 115 . . ~ .. 9' 99 ~ .. ! ." 95 98 ... UCtIll,AC(s.W, 116 " .. " .. I 117 I ~ 24lH AWM.l[ s.w. 118 96 97 119 [ r l 8 1 2 21TH A't(NJ[ .... 8 101 106 8 1 LOT 1 LOT 2 :11TH A'oDIJ( SOW. 110 112 GA,. ~,w(..Il" 113 ! I 8A11r. ~ COIIMUtClAl. WMll8rJUCr I LEGEND . SANf'A BARBARA COMMERCIAL PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECnON !tOlL SUBDISTRICT COllllUN'TY DE'lELOPlIENT AND ENVlRONlIENTAL SERVICES DIVISION I I I I nLE: GGlIP-J9.DWG DA TE: 8(98 0 -.- ~ Figure 2.03.07 H. Page 58 of 176 1. The purpose and intent of this district is to provide Golden Gate City with additional opportunities for small scale commercial DEVELOPMENT to serve the surrounding neighborhoods and those traveling nearby. This district is intended to: contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately landscaped and BUFFERED to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and limit ACCESS,to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. 2. Aggregation of LOTS is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other DEVELOPMENT standards. 3. In order to reduce the potential conflicts that may result from residential and commercial uses being located in this district, existing residential uses, other than owner-occupied DWELLINGS, are required to cease to exist within a specified time period. This does not require the removal of the residential STRUCTURES if they can be, and are, converted to uses permitted in this district. 4. These regulations apply to properties ABUTTING the east side of Santa Barbara Boulevard, lying north of 27th Court S.W. and south of 22nd Place S.W., all in Golden Gate City, and consisting of approximately eleven (11) acres. These properties are identified on Map 7 of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and DEVELOPMENT requirements shall be as required or allowed in the underlying zoning categories. 5. SIDEWALKS. Projects shall provide SIDEWALKS so as to encourage pedestrian and bicycle traffic. ADJAC~NT projects shall coordinate the location and intersection of SIDEWALKS. I. Bayshore Drive Mixed Use Overlay District Special conditions for the properties ADJACENT to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Page 59 of 176 __e,,,__ U,... DINE ...~,- ! F:=l_ WQm ---.- ... 111I--- . 11II------ .. ____I - ----. .. ---- ---~----.... ...... ft -.....cs _ ~ ....-..n IlnDI ~~, MD~...-s__ M1II ~ I'I.lr ~....... ... Page 60 of 176 1. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small- scale mixed use DEVELOPMENT. This district is intended to: revitalize the commercial and residential DEVELOPMENT along this corridor; enhance the waterfront; encourage on-STREET parking and shared parking facilities and provide appropriate landscaping and BUFFERING between the various types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. 2. These regulations shall apply to the Bayshore Drive Mixed Use Overlay district as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the LDC, all other uses, dimensional and DEVELOPMENT requirements shall be as required in the applicable underlying zoning category. 3. Garages and DRIVEWAYS. a. The rear SETBACK may be reduced to ten feet if a front-access garage is constructed on the rear of the residence. b. The maximum width of garage doors is 16 feet. c. Only one DRIVEWAY is allowed per 50 linear feet of front property line. The maximum width of the DRIVEWAY at the RIGHT-OF-WAY line is 18 feet. d. Other than the permitted DRIVEWAY, the FRONT YARD may not be paved or otherwise used to accommodate parking. e. Garages must be recessed a minimum of three feet behind the front FACADE of the primary residence. f. No carports are permitted. g. The distance from the back of the SIDEWALK to the garage door must be at least 23 feet to allow room to park a vehicle on the DRIVEW A Y without parking over the SIDEWALK. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 4. Neighborhood Commercial Subdistrict. The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and Page 61 of 176 '..--- residential uses. DEVELOPMENTS will be small-scale and pedestrian- oriented. 5. Waterfront Subdistrict. The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. DEVELOPMENT standards for the district are the same as those set forth for the Neighborhood Commercial subdistrict, unless set forth below. DEVELOPMENT in this subdistrict is encouraged to be a mix of RESTAURANT and retail uses while allowing for limited MA~INA uses. 6. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to encourage the DEVELOPMENT of multifamily residences as a transitional use between commercial and single-family DEVELOPMENT. The multifamily BUILDINGS shall be compatible with the BUILDING pattems and FACADE articulation of traditional neighborhood design. The intent is to create a row of residential units with uniform FRONT YARD SETBACKS and ACCESS to the STREET. 7. Residential subdistrict 2 (R2). The purpose of this subdistrict is to encourage the DEVELOPMENT of multi-family residences as transitional uses between commercial and single-family DEVELOPMENT . The multi-family BUILDINGS shall be compatible with the BUILDING patterns and FACADE articulation of traditional neighborhood design. 8. Residential Subdistrict 3 (R3). The purpose of this district is to allow the DEVELOPMENT of MOBILE HOME, modular home, TOWNHOUSES and single-family residences. All new DEVELOPMENT in this subdistrict shall be compatible with the BUILDING patterns and fac;ade articulation of traditional neighborhood design. The intent is to create a row of residential units with consistent FRONT YARD set backs and access to the STREET. a. Minimum LOT width: Single-family: 40 feet. Modular homes: 40 feet. TOWNHOUSES: 25 feet. MOBILE HOMES: 40 feet. b. YARD requirements. The following YARD requirements are in relation to the platted property boundaries. Front Yard At Min. Side Yard Min. Rear Yard Page 62 of 176 One (Single) Family 1 0 feet 5 feet 8 feet Dwellina Units 10 feet 5 feet 8 feet Modular Dwelling Units o feet when Townhouse ABUTTING 10 feet another 8 feet townhouse, if not then 5 feet. Mobile Homes 10 feet 5 feet 8 feet 9. Residential Neighborhood Commercial Subdistrict "RNC". The purpose and intent of this subdistrict is to allow limited home occupational businesses. ' J. Goodland Zoning Overlay "GZO" To create design guidelines and DEVELOPMENT standards that will assure the orderly and appropriate DEVELOPMENT in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and DEVELOPMENT of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that DEVELOPMENT and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. Page 63 of 176 ."._--.-.. ~ ~~:: ~:~a IT1 ~. (~ iSA-:j ~. I.~'" ~~~~I l. ~ 7 ..' ,Jill '::'-I ~. I,U ~~ -.. ~ .1 . VR ~ J. "'" -- I . . l · 1\' {u I , .. ~.. , ~1 . '", \ ~~,,)j r l'.J 'h1\ · _ t t , ? · ~ . _," . CA... '-. . ~ - , . 111 7\ I "",." I .!...\" · aJlu "\'. _ 1. ..II".. ;.' .".101' """'Ill I~ liJNS[lt1. · ~},. I "1' ~.Ai '(1; "I i~HJ rn I ~ r.. I I~ ~ ~ I ,~.. - "lAll Jet ....... . lJ .~.. " I . ;-.. II \ri It 11 .. II ., .. - · · ~ . . . , ,. II ., , o R I~ lll..;.:.. · 1f>\"1 ~ ~ Ir,. ~~ .' : \\:" It "l. ,. .. ..~ " .. " . ,. .,,, It .;. ~ · i ... 1;- U ~ r ~,"'- IIMlCX1 ...... -' I ~ ." ~". 1 ..!. f It .::;1.r .. II ., II " · . , . . ..' .. . " """ ~ .. .. '" -:- .. ~ ~ It. . .. · " .." .. II . II l-- --Wg. I I- l..::- II _ ,. r ~ _, It .... COC:OUI "..... - )..' J l ~"I~ I .:J.J.J"..I..L.LJ.I"Cil..J.I..I..LJ. I,J.J..LJ.\'~ l " · ~ "'1"1'-' I ITHTI'.,.rrrrn"I'l-."I"W ,. 1 .-<<.fI.I. \t- . ~~\;rH."""'.rH"~-: fl~'TT ~I 1 ~~~ t" ....II.'I\JU 7' ! ~. ~. \=..,... I ,. II ~.UDI fir .. 4 ..,'....~~_ VA r( J II l.'\, ~ ~r .1..'1.\ ,,\ ~ u. ~ II It JIll..\. l ~ , .... ~k.1 ~ II" ~,,~ J' .~-= , J ;-;'"")" r~ :......- .. ,.. _ 1- " ~ ~ ~ .. .., II II ( \...--1 1.1 -:.J '" ~ ..l GOODLAND ZONING OVERLAY BOUNDARY GZO - Map 1 1. Permitted uses. The following uses are permitted as of right in this subdistrict: Reserved. Page 64 of 176 2. CONDITIONAL USES. The following uses are permitted as CONDITIONAL USES in this subdistrict: a. Clam nursery, subject to the following restrictions: 1) A "clam nursery" is defined as the growing of clams on a "raceway" or ,'~Iow-through saltwater system" on the shore of a LOT until the clam reaches a size of approximately one-half inch. 2) For the purposes of this section, a "raceway" or ''flow- through salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams. 3) At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area. I I' 4) The nursery must meet the requirements of a "mir[limal impact AQUACULTURE facility" as defined by the Department of Agriculture. 5) The nursery must not be operated on a vacant LOT, unless both of the following requirements are met: i. The vacant LOT is owned by the same individual who owns a LOT with a residence or habitable STRUCTURE immediately ADJACENT to the vacant LOT; and ii. The vacant LOT must not be leased to another individual for purposes of operating a clam farm within the RSF-4 and VR zoning districts. 6) At no time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurring naturally in the water. 7) Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating a clam nursery. Page 65 of 176 -"'. _._'< -,--- 8) Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the average system used for a non-commercial pool or shrimp tank 3. Parking/storage of major recreational equipment, personal vehicles, and certain commercial vehicles. a. Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer SUBDIVISIONS, boats, trailers, RECREATIONAL VEHICLES and other recreational equipment may be stored if! any YARD subject to the following conditions. 1) Recreational equipment must not be used for living, sleeping, or housekeeping purposes when parked or stored. 2) RECREATIONAL VEHICLES or equipment must not exceed 35 feet in length. 3) RECREATIONAL VEHICLES or equipment must not be parked, stored or encroach in any county RIGHT-OF- WAY easement. 4) RECREATIONAL VEHICLES or equipment that exceed 35 feet in length will be subject to the provisions of section 5.03.06 of this Code. b. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions. 1) No vehicle shall block or impede traffic. c. Commercial vehicles 35 feet in length or less will be allowed to park at the owner's home and in the drainage swale subject to the following conditions: 1) No vehicle shall block or impede traffic; 2) Drainage must not be blocked or impeded in any way as a result of the parking in the swales; 3) Parking will only be permitted in DRIVEWAYS and not in YARD areas; and Page 66 of 176 4) No more than two commercial vehicles may be parked at one residence/site, unless one or more of the vehicles is engaged in a construction or service operation on the residence/site where it is parked. The vehicle engaged in this service must be removed as soon as the construction or service is completed. For purposes of this subsection only, a commercial vehicle is defined as a van, pickup truck, or passeng~r car used for commercial purposes and licensed by the Department of Transportation. A vehicle is not considered a commercial vehicle. merely by the display of a business name or other insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or other equipment used in the construction industry will be allowed to park at a residence or site overnight unless specifically approved by the County Manager or his designee. 4. Storage Sheds. PARCELS located off of Bayshore Drive are allowed to retain, any sheds that were constructed prior to the effective date of the Cpde. Storage sheds for fishing and boat equipment on the boat DOCK PARCELS off of Bayshore Drive constructed after the effective date of the Code are permissible if they comply with the following requirements: a. The appropriate BUILDING permit must be obtained. b. Bayshore drive SETBACK: ten feet. c. Waterfront SETBACK: ten feet. d. Side YARD SETBACK: 0 feet. e. Maximum size of shed: 144 square feet. 5. SIGN requirements. All SIGNS existing as of the effective date of this ordinance in Goodland are exempt from the requirements of the Collier County SIGN ordinance (section 5.06.00) for five years from the effective date of this ordinance or until the SIGN is destroyed, whichever comes first. Any SIGNS constructed after the effective date of the ordinance must strictly comply with section 5.06.00. SIGN maintenance is limited to painting existing SIGNS. All other maintenance or repairs will void the exemption and require the owner to construct a SIGN that strictly adheres to section 5.06.00 in the event that the owner wishes to have a SIGN. K. Activity Center #9 Overlay. The purpose of this designation is to create an enhanced entryway into the Naples urban area through appropriate, unified design elements and Page 67 of 176 ---------------.- -. -..- standards; the implementation of which will result in an attractive, positive image as outlined in the vision statement of the Activity Center #9 Interchange Master Plan. These regulations apply to the following properties within Activity Center #9 as identified in the Interchange Master Plan Land Use Map: 1. All BUILDINGS and projects that are subject to the requirements of section 5.05.08 of this LOC. 2. Nonresidential land uses ABUTTING any public STREET except industrial BUILDINGS internal to industrial PUD zoned project, that are located no less than 200 feet from the public STREET. L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO) 1. Purpose and intent. The purpose and intent of this district is to encourage DEVELOPMENT and reDEVELOPMENT of the Vanderbilt Beach area to be sensitive to the scale, COMPATIBILITY and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish DEVELOPMENT standards which will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore Drive. 2. Applicability. These regulations shall apply to the Vanderbilt Beach Residential Tourist Overlay District as identified on VBRTO Map VBRTO-1 and further identified by the designation "VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional and DEVELOPMENT requirements shall be as required or allowed in the applicable underlying zoning district. 3. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map VBRTO-1 below. Page 68 of 176 . ! \ N +. . -. . .. - I I I VBRTO-1 4. Figures. The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for future DEVELOPMENT and reDEVELOPMENT in the overlay district. 5. DEVELOPMENT criteria. The following standards shall apply to all uses in this overlay district. a. Permitted uses. i. HOTELS and MOTELS. ii. Multiple-family dwellings. Page 69 of 176 --" -"- iii. Family care facilities, subject to section 5.05.04. iv. Timeshare facilities. b. Uses accessory to permitted uses. i. Uses and STRUCTURES that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). ii. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a HOTEL or a MOTEL and to be used by the patrons of the HOTEL/MOTEL. iii. Private DOCKS and BOATHOUSEs. subject to sections 5.03.06 and 5.05.02. iv. Recreational facilities that serve as an integral part of the permitted use designated on a site DEVELOPMENT plan or preliminary SUBDIVISION plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center BUILDING and tennis facilities, parks, playgrounds and playfields. c. CONDITIONAL USES. The following uses are permitted as CONDITIONAL USES in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in section 10.08.00: i. CHURCHES and other places of worship. ii. MARINAS, subject to section 5.05.02. iii. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 5.03.06. iv. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to ~ 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to ~ 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. v. Private clubs. Page 70 of 176 vi. Yacht clubs. 6. Dimensional standards. The following dimensional standards shall apply to all PERMITTED, ACCESSORY, AND CONDITIONAL USES in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO).' a. Minimum LOT area. One contiguous acre, not bisected by a public RIGHT-OF-WAY, b. Minimum LOT width. 150 feet. c. Minimum YARD requirements. i. FRONT YARD: one-half the BUILDING height with a minimum of 30 feet. ii. Side YARDS: one-half the BUILDING height with a minimum of 15 feet. iii. Rear YARD: one-half the BUILDING height with a minimum of 30 feet. d. Maximum height: 75 feet. The height of the BUILDING will be measured according to the standards in section 1.08.00 of the Code: BUILDING, ACTUAL HEIGHT OF and BUILDING, ZONED HEIGHT OF. e. Maximum DENSITY permitted. A maximum of 26 units per acre for HOTELS and MOTELS, and 16 units per acre for timeshares, multifamily, family care facilities. f. Distance between STRUCTURES. The minimum horizontal distance separation between any two PRINCIPAL BUILDINGS on the same PARCEL of land may not be less than a distance equal to 15 feet or one-half of the sum of their heights, whichever is greater. For ACCESSORY BUILDINGS AND STRUCTURES dimensional criteria, see section 4.02.01 . g. FLOOR AREA requirements. i. Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for HOTELS and MOTELS, except that twenty percent (20%) of the total units may exceed the maximum. Page 71 of 176 -,~._,., ii. Timeshare/multifamily minimum area: efficiency (450 square feet), one bedroom (600 square feet), and two or more bedrooms (750 square feet). h. Maximum LOT area coverage. (Reserved.) 7. Preservation of view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. a. Figures 1 - 4, while not' requirements, depict desired BUILDING relationships and view plane/angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. 8. Off-STREET parking and off-STREET loading. As required in Chapter 4 of this code. 9. Landscaping requirements. As required in Chapter 4 of this code. 10. SIGNS. As required in section 5.06.00 of this code. 11. Coastal Construction Setback Lines (CCSL). As required in Chapter 10 of this code. 12. Post-Disaster Recovery And Reconstruction Management. As required in the Code of Laws of Collier County. 13. Vested Rights. All projects within the Overlay District for which completed applications for rezoning, conditional use, variance, SUBDIVISION, site DEVELOPMENT plan or plat approval were filed with or approved by Collier County Prior to the adoption date of the moratorium January 9, 2002, and subsequent amendments to LDC (moratorium provisions have expired), shall be subject to the zoning regulations for this Residential Tourist Zoning District in effect at the time the application was deemed to be complete or at the time the application was approved and or not subject to the Vanderbilt Beach Residential Tourist Zoning Overlay regulations. For purposes of this provision, the term "completed application" shall mean any application which has been deemed sufficient by planning services staff and has been assigned an application request number. Page 72 of 176 LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS .. . DESIRABLE . UNDESIRABLE FIGURE - 1 Page 73 of 176 ^ --..- -.---.-.-. LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS \ DESIRABLE UNDESIRABLE FIGURE - 2 Page 74 of 176 VIEW PLANE V.P. DESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE - 3 Page 75 of 176 .--- VIEW PLANE \ / r- \ V.P. V.P. V.P. II I \ n \ r- f-.0.// 'I '-""- ---, / ""-. ./ I?f\ n ", n ~\ n n J~ / Y/A "",V/ ~ ,,",'\'lA ""V/A ""V/A "",V/A "",V/A ""V/A ""V/A ,,",V/A Y/M UNDESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE. 4 L. Restricted parking (RP) overlay district: restricting the parking of Page 76 of 176 commercial and major recreational equipment. 1. Purpose and intent. It is the intent and purpose of the restricted parking overlay district (RP) to allow residents within a SUBDIVISION in Collier County to prescribe stricter regulations governing the parking of commercial and/or major recreational equipment than is provided under the minimum requirements set forth in this zoning code.. This district is intended to apply as an overlay district for areas or portions of areas which are zoned for residential uses. The purpose of this section is to maintain the appearance and quality of the residential use in the manner in which it was originally platted, to reduce congestion, prevent overcrowding and the blocking of views and the free flow of air currents, and to maintain the lasting values and amenities of the neighborhood. 2. Establishment of zoning classification. A zoning overlay district, to be known as the restricted parking overlay district, and to be designated on the official zoning atlas by the symbol "RP" in conjunction with the basic residential symbol, is hereby established. 3. Procedure for establishing district. Upon petition to the board of county commissioners, signed by a minimum of 100 property owners or 50 percent of the property owners. whichever is the lesser, in the proposed district, platted SUBDIVISION, or a voting precinct comprising a homogeneous zoning area, the board of county commissioners may revise the boundaries of the district and enact an implementing ordinance to become effective upon approval by a majority of the qualified electors residing within the district voting in the next general election held specifically for the implementing ordinance. The election permits a choice by the elector if in favor of or opposed to the regulations adopted by the implementing ordinance. 2.03.08 Eastern Lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU DISTRICT) 1. PURPOSE AND SCOPE. The purpose and intent of the RFMU DISTRICT is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU DISTRICT employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of OPEN SPACE, and allowing, in designated areas, appropriate types, DENSITY and intensity of DEVELOPMENT . The RFMU DISTRICT allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and ESSENTIAL SERVICES Page n of 176 deemed necessary to serve the residents of the RFMU DISTRICT. The innovative planning and DEVELOPMENT techniques which are required and/or encouraged within the RFMU DISTRICT were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the future land use element (FLUE) of the GMP, the RFMU DISTRICT, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU DISTRICT and to which this section 2.03.08 apply are depicted by the following map: Page 78 of 176 --.-..-- --- ..-.---..----..------, U!I! COlM1"f ! i RURAL FRINGE AREAS RD. -....,-- II \1 III; _+ " _.~__..:.L~ BLVD__1: I . . \ I. II i \! i \ I i ~ 1 II Q>L& ~re ; - -j i;tl II' I .:.. i.' I -i ;1 "'-'-,,--- t' ............ iil i ~I i ; . I ", I il "" (; ,!II (.) "~~' / ;1 '-(,); : 11 '... :.. .;.... .." i '\,~.. .. .1 ............ J '<.~ 1 sr.loli: ' " ' . ....- _ ===, i ,.~ 1 ----!:.~~~Dm-__.=_""'i i" i I ,,'- I,"""r,"f~ "I ~:':::c_~_ .......~~___J i "~l4i~-; ~ ;;~~~~;,.;.;"~."'JU'I I 00::4 ,~(, Ilf...........l.t.l.... ......-...--...----.......-..-......---.-....--..- .....--.-.----..- ...._._..__...--'...,,_____....__....m_............______. Page 79 of 176 b. EXEMPTONS. The requirements of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to June 19, 2002, and projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002, or. land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if ,such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved DEVELOPMENT s shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU DISTRICT, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan1s Goals, Policies and Objectives for the RFMU DISTRICT as long as they do not result in an increase in DEVELOPMENT DENSITY or intensity. c. ORDINANCE SUPERCEDED. Ordinance Number 98-17 is hereby expressly superceded. Any DEVELOPMENT in the area formerly subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to DEVELOPMENT within the RFMU DISTRICT. I, 2. RFMU RECEIVING LANDS. RFMU RECEIVING LANDS are those lands within the RFMU DISTRICT that have been identified as being most appropriate for DEVELOPMENT and to which residential DEVELOPMENT units may be transferred from RFMU SENDING LANDS. Based on the evaluation of available data, RFMU RECEIVING LANDS have a lesser degree of environmental or listed species habitat value than RFMU SENDING LANDS and generally have been disturbed through DEVELOPMENT or previous or existing agricultural operations. Various incentives are employed to direct DEVELOPMENT into RFMU RECEIVING LANDS and away from RFMU SENDING LANDS, thereby maximizing NATIVE VEGETATION and habitat preservation and restoration. Such incentives include, but are not limited to: the TOR process; CLUSTERED DEVELOPMENT; DENSITY bonus incentives; and, provisions for central sewer and water. Within RFMU RECEIVING LANDS, the following standards shall apply, except as noted in section 2.03.08 A.1. above, or as more specifically provided in an applicable PUD. a. OUTSIDE RURAL VILLAGES (1) NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of section 2.03.08 D. Page 80 of 176 (2) Maximum DENSITY. (a) Base DENSITY. The base RESIDENTIAL DENSITY allowable within RFMU RECEIVING LANDS, exclusive of the applicable DENSITY BLENDING provisions set forth in section 2.05.02, is one (1) unit per five (5) gross acres (0.2 DWELLING UNITS per acre) or, for those legal NONCONFORMING LOTS or PARCELS in existence as of June 22, 1999, one (1) 'unit per LOT or PARCEL. (b) Additional DENSITY i. TDRS. Outside of RURAL VILLAGES, the maximum DENSITY achievable in RFMU RECEIVING LANDS through the TOR process is one (1) dwelling unit per acre. a) CLUSTERING Required. Where the transfer of DEVELOPMENT rights is employed to increase RESIDENTIAL DENSITY within RFMU RECEIVING LANDS, such residential DEVELOPMENT shall be CLUSTERED I in accordance with the following provisions: I i) Central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with DEVELOPMENT in RFMU RECEIVING LANDS, interim private water and sewer facilities may be approved. ii) The maximum LOT size allowable for a single- family detached dwelling unit is one acre. iii) The CLUSTERED DEVELOPMENT shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality NATIVE VEGETATION; connectivity to ADJACENT NATURAL RESERVATIONS or preservation areas on ADJACENT DEVELOPMENT s; and, creation, maintenance or enhancement of wildlife corridors. b) Minimum Project Size. The minimum project size required in order to receive transferred DWELLING UNITS is 40 contiguous acres. c) Emergency Preparedness. In order to reduce the likelihood of threat to life and property from a Page 81 of 176 ~'_'_.""_C"".''''_'_ - tropical storm or hurricane event any DEVELOPMENT approved under the provisions of this section shall demonstrate that adequate emergency preparedness and disaster prevention measures have been taken by, at a minimum: i) Designing community facilities, schools,or other public BUILDINGS to serve as storm shelters if located outside of areas that may experience inundation during a Category 1 or worse storm event. While the need to utilize such shelters will be determined on a case-by-case basis, areas which are susceptible to inundation during such storm events are identified on the Sea, Lake, and Overland Surge from Hurricane (SLOSH) Map for Collier County. ii) Evaluating impacts on evacuation routes, if any, and working with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. iii) Working with the Florida Division of Forestry, Collier County Emergency Management staff, and the managers of any ADJACENT or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan shall address, at a minimum: project structural design; the use of materials and location of STRUCTURES so as to reduce wildfire threat; firebreaks and BUFFERS; water features; and, the rationale for prescribed burning on ADJACENT or nearby lands. ii. Additional DENSITY. Once the maximum DENSITY is achieved through the use of TDRs, additional DENSITY may be achieved as follows: a) A DENSITY bonus of 0.1 unit per acre shall be allowed for the preservation of additional NATIVE VEGETATION as set forth in Section 3.05.07 E. 1. of the Code. Page 82 of 176 b) A DENSITY bonus of 0.1 units per acre shall be allowed for projects that incorporate those additional WETLANDS mitigation measures set forth in Section 3.05.07 F. 4. b. of the Code. (3) Allowable Uses (a) Uses Permitted as of Right. The following uses are permitted as of right, or as USES ACCESSORY TO PERMITTED USES: i. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and AQUACULTURE for native species subject to the State of Florida Game and Freshwater Fish Commission permits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any other person or entity. b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in 9 828.122(2)(a), F.S., as it may be amended from time to time. ii. Single-family residential DWELLING UNITS, including MOBILE HOMES where a MOBILE HOME Zoning Overlay exists. iii. Multi-family residential STRUCTURES, if CLUSTERING is employed. iv. RURAL VILLAGES, subject to the provisions set forth under section 2.03.08 A.2.b. below. v. Dormitories, DUPLEXES and other types of staff housing, as may be incidental to, and in support of, CONSERV A TION USES. vi. Family Care Facilities: 1 unit per 5 acres and subject to section 5.05.04 of this Code. vii. Staff housing as may be incidental to, and in support of, safety service facilities and ESSENTIAL SERVICES. Page 83 of 176 ".-- viii. Farm labor housing limited to 10 acres in any single location: a) Single family/DUPLEX/MOBILE HOME: 11 DWELLING UNITS per acre; and b) Multifamily/dormitory: 22 DWELLING UNITS/beds per acre. ix. Sporting and Recreational camps not to exceed 1 cabin/lodging" unit per 5 gross acres. x. Those ESSENTIAL SERVICES identified as permitted uses in section 2.01.03 (A) and in accordance with the provisions, conditions and limitations set forth therein. xi. Golf courses or driving ranges, subject to the following standards: a) The minimum DENSITY shall be as follows: i) For golf course projects utilizing DENSITY BLENDING Provisions set forth in the DENSITY Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing DENSITY BLENDING Provisions, including freestanding golf courses: the minimum DENSITY shall be one (1) dwelling unit per five (5) gross acres, and one additional dwelling unit per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. The additional required DENSITY for such golf course DEVELOPMENT shall be achieved by acquiring TORs from Sending Lands. b) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Page 84 of 176 BUILDING Design) have been incorporated into the golf course's design and operational procedures. c) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. d) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: i) The use of slow release nitrogen sources; ii) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; \ " " iii) The use of an integrated pest management program using both biological and chemical agents to control various pests; iv) The coordination of pesticide applications with the timing and application of irrigation water; and v) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. e) To ensure water conservation, golf courses shall incorporate the following in their design and operation: i) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. ii) Golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies to the extent that a sufficient amount of such water is available and the piping or other conveyance necessary for delivery Page 85 of 176 ..-----.". ...... ~.' - of such water exists at a location ABUTTING the golf course property boundary or within 50 feet of such boundary and accessible via existing rights of way or EASEMENTS; iii) Native plants shall be used exclusively except for special purpose areas such as golf' greens, fairways, and BUILDING sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. f) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing SHORELINES that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the SHORELINE. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. g) Site preservation and NATIVE VEGETATION retention requirements shall be those set forth in section 4.06.00 of this Code. xii. Public and private schools, subject to the following criteria: a) Site area and school size shall be subject to the General EDUCATIONAL FACILITIES Report submitted annually by the Collier County School Board to the Board of County Commissioners. b) The Site must comply with the STATE REQUIREMENTS FOR EDUCATIONAL FACILITIES adopted by the State Board of Education. c) The site shall be subject to all applicable State or Federal regulations. xiii. OIL AND GAS EXPLORATION, subject to state drilling permits and Collier County non-environmental Page 86 of 176 site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.AC., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.AC. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance i,with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1 ) through (12), F.A.C. (b) ACCESSORY USES. i. ACCESSORY USES as set forth in section 2.03.01 of this Code. ii. ACCESSORY USES and STRUCTURES that are accessory and incidental to uses permitted as of right in the RFMU DISTRICT. iii. Recreational facilities that serve as an integral part of a residential DEVELOPMENT and have been designated, reviewed, and approved on a site DEVELOPMENT plan or preliminary SUBDIVISION plat for that DEVELOPMENT . Recreational facilities may include, but are not limited to clubhouse, community center BUILDING, tennis facilities, playgrounds and playfields. (c) CONDITIONAL USES. The following uses are permissible as CONDITIONAL USES subject to the Page 87 of 176 standards and procedures established in section 10.08.00. i. Oil and gas field DEVELOPMENT and production, subject to state field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to nCJ.tive habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County; so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cyp ress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62- 30.005(2)(a)(1) through (12), F.A.C. ii. Group care facilities and other care housing facilities, other than family care facilities, subject to a maximum FLOOR AREA ratio of 0.45. iii. Zoos, aquariums, and botanical gardens, and similar uses. iv. Facilities for the collection, transfer, processing, and reduction of SOLID WASTE. v. Community facilities, such as, places of worship, childcare facilities, cemeteries, and social and fraternal organizations. vi. Travel trailer recreation vehicle parks, subject to the following criteria: Page 88 of 176 a) the site is ADJACENT to an existing travel trailer RECREATIONAL VEHICLE site; and b) the site is no greater than 100% of the size of the existing ADJACENT park site. vii. Those ESSENTIAL SERVICES identified in sections 2.01.03 (G)(1) and (G)(3). viii. In RFMU RECEIVING LANDS other than those within the NBMO, asphalt and concrete batch-making plants. ix. In RFMU RECEIVING LANDS other than those within the NBMO, earth mining and extraction. (4) Design Standards (a) DEVELOPMENT Not Utilizing CLUSTERING: i. Minimum LOT area: 5 Acres. ii. Minimum LOT width: 165 Feet. I Hi. Minimum YARD requirements: I I a) FRONT YARD: 50 feet b) Side YARD: 30 feet c) Rear YARD: 50 feet d) NONCONFORMING LOTS in existence as of June 22, 1999: i) FRONT YARD: 40 feet. H) Side YARD: 10 percent of LOT width, not to exceed 20 feet on each side. Hi) Rear YARD: 50 feet. (b) CLUSTERED DEVELOPMENT: i. LOT areas and widths: a) single-family i) Minimum LOT area: 4,500 square feet. ii) Maximum LOT area: One Acre. Page 89 o~ 176 . ..------,..- ~_..n..".'. .,,'.... iii) Minimum LOT width: Interior LOTS 40 feet. iv. Maximum LOT width: 150 feet. b) multi-family i) Minimum LOT area: One Acre. '., ii) Maximum LOT area: None. iii) Minimum LOT width: 150 feet. iv) Maximum LOT width: None. ii. Minimum YARD requirements a) single-family. Each single-family LOT or PARCEL minimum YARD requirement shall be established within an approved PUD, or shall I comply with the following standards: i \ i) Front: 20 feet (Note FRONT YARD Set back may be reduced to 10 feet where parking for the unit is accessed via a rear ally. ii) Side: 6 feet iii) Rear: 15 feet iv) Accessory: Per section 4.02.01. b) multi-family. For each multi-family LOT or PARCEL minimum Y ARC shall be established within an approved PUD, or shall comply with the following standards: i) SETBACK from Arterial or Collector roadway(s): no multi-family dwelling may be located closer than 200 feet to a roadway classified or defined as an arterial roadway or 100 feet from any roadway classified or defined as a collector roadway. ii) Front: 30 feet. jii) Rear: 30 feet. Page 90 of 176 iv) Side YARD/separation between any multi- family BUILDINGs: One-half of the BUILDING height or 15 feet, whichever is greater. v) Accessory: Per section 4.02.01. iii. Height limitations a) PRINCIPAL STRUCTURES i) Single Family: 35 feet. ii) Multi-family: Five Stories not to exceed 60 feet. iii) Other STRUCTURES: 35 feet except for golf course/community clubhouses, which may be 50 feet in height. b) ACCESSORY STRUCTURES. 20 feet, except for screen enclosures, which may be the same height as the PRINCIPAL STRUCTURE. iv. Minimum floor space a) Single Family: 800 square feet b) Multi-family: i) Efficiency: 450 Square feet ii) One Bedroom: 600 square feet iii) Two or More Bedrooms: 800 square feet (c) Parking. As required in Chapter 4 of this Code. (d) Landscaping. As required in Chapter 4 of this Code. (e) SIGNS. As required in section 5.06.00 of this Code. (5) NATIVE VEGETATION Retention. As required in section 4.06.00 of this Code. (6) USABLE OPEN SPACE. Page 91 of 176 ..--. ~_._--- (a) Projects of 40 or more acres in size shall provide a minimum of 70% USABLE OPEN SPACE. (b) USABLE OPEN SPACE includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar OPEN SPACES~ USABLE OPEN SPACE shall also include areas set aside for conservation or preservation of NATIVE VEGETATION and landscape areas. (c) Open water beyond the perimeter of the site, STREET RIGHT-OF-WAY, except where dedicated or donated for public uses, DRIVEWAYS, off-STREET parking and loading areas, shall not be counted towards required USABLE OPEN SPACE. b. RURAL VILLAGES. RURAL VILLAGES, including RURAL VILLAGES within the NBMO, may be approved within the I boundaries of RFMU RECEIVING LANDS, subject to the following:! I I (1 ) Allowable Uses: (a) All permitted uses identified in section 2.03.08 (A)(2)(a)(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.08 (A)(2)(a)(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. (c) All permitted and ACCESSORY USES listed in the C-4 General Commercial District, section 2.03.02 (E), subject to the design guidelines and DEVELOPMENT standards set forth in this Section. (d) Research and Technology Parks, with a minimum size of 19 acres and a maximum size of 4% of the total RURAL VILLAGE acreage, subject to the design guidelines and DEVELOPMENT standards set forth herein, the applicable standards contained in section 2.03.06 C.7. Research and technology park planned unit DEVELOPMENT district guidelines and DEVELOPMENT standards, and further subject to the following: Page 92 of 176 .. i. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph (3) below; and, up to 20% of the total acreage for WORKFORCE HOUSING, except as provided in paragraph (7) below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph (2) below., The specific percentage and mix of each category of use shall be determined at the time of RURAL VILLAGE PUD rezoning. ii. The target industries identified by the Economic DEVELOPMENT Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software DEVELOPMENT and programming; internet technologies and electronic commerce; multimedia activities and CD- ROM DEVELOPMENT; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; DEVELOPMENT testing and related manufacturing; general administrative offices of a research and DEVELOPMENT firm; educational, scientific and research organizations; production facilities and operations. iii. Non-target industry uses may include HOTELS at a DENSITY consistent with the provisions in section 2.03.02 and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care centers, RESTAURANTS and corporate and government offices. iv. The RURAL VILLAGE PUD shall include standards for the DEVELOPMENT of individual Page 93 of 176 --....- BUILDING PARCELS within the park and general standards shall be adopted for pedestrian and vehicular interconnections, BUFFERING, landscaping, OPEN SPACES, signage, lighting, screening of outdoor storage, parking and access management, all to be consistent with and compatible to the other uses within the village. '.. v. The Research and Technology Park must be ADJACENT to, and have direct access via an existing or developer constructed local road to an arterial or collector roadway. The portion of the local roadway intended to provide access to the Research and Technology Park shall not be within a residential neighborhood and does not service a predominately residential area. vi. The Research and Technology Park shall be compatible with surrounding land uses. Accordingly, it shall be separated from any residentially zone~ or designated land within the RURAL VILLAGE ~y a minimum Type "C" landscape BUFFER, as set forth in section 4.06.00 of this Code. vii. Whenever WORKFORCE HOUSING is provided, it shall be fully integrated with other compatible uses in the park through mixed-use BUILDINGS and/or through pedestrian and vehicular interconnections. viii. BUILDING permits for non-target industry uses identified in paragraph (3) above shall not be issued prior to issuance of the first BUILDING permit for a target industry use. (e) Any other use deemed by the Board of County Commissioner to be appropriate and compatible within a RURAL VILLAGE. (2) Mix of Neighborhood Types. RURAL VILLAGES shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential DEVELOPMENT is within one-quarter mile of a NEIGHBORHOOD CENTER. NEIGHBORHOOD CENTERS may include small-scale service retail and office uses, and shall include a public park, square, or green. VILLAGE CENTERS shall be designed to serve the retail, office, civic, government uses and service needs of the Page 94 of 176 residents of the RURAL VILLAGE. The VILLAGE CENTER shall be the primary location for commercial uses. RURAL VILLAGES shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between RURAL VILLAGES and the low DENSITY rural DEVELOPMENT, AGRICULTURAL USES, and conservation lands that may surround the RURAL VILLAGE. RURAL VILLAGES shall be designed to include the following: a mixture of residential housing types; institutional and/or commercial uses; and recreational uses, all of which shall be sufficient to serve the residents of the RURAL VILLAGE and the surrounding lands. In addition, except as specifically provided otherwise for RURAL VILLAGES within the NBMO, the following criteria and conditions shall apply to all RURAL VILLAGES. (a) Allocation of Land Uses. Specific allocations for land uses including residential, commercial and other non-residential uses within RURAL VILLAGES, shall include, but are not limited to: i. A mixture of housing types, including attached and/or detached single family, as well as multi-family shall be provided within a RURAL VILLAGE. A minimum of 0.2 units per acre in a RURAL VILLAGE shall be AFFORDABLE HOUSING, of which at least 0.1 units per acre shall be WORKFORCE HOUSING. The RURAL VILLAGE shall be designed so as to disperse the Affordable and WORKFORCE HOUSING units throughout the Village rather than concentrate them in a single location. ii. A mixture of recreational uses, including parks and village greens. iii. Civic, community, and other institutional uses. iv. A mixture of LOT sizes, with a design that includes more compact DEVELOPMENT and attached DWELLING UNITS within NEIGHBORHOOD CENTERS and the VILLAGE CENTER, and reduced net densities and increasingly larger LOT sizes for detached residential dwellings generally occurring as DEVELOPMENT extends outwanj from the VILLAGE CENTER. v. A mixture of retail, office, and services uses. Page 95 of 176 ---. .~_._._~ "- vi. If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential DWELLING UNITS within walking distance to the schools, subject to the following criteria: a) Schools shall be located within or ADJACENT to the VILLAGE CENTER; b) A credit toward any applicable school impacts fees shall be provided based upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer; and c) Schools shall be located in order to minimize busing of students and to co-locate schools with public facilities and civic STRUCTURES such as parks, libraries, community centers, public squares, greens and civic areas. vii. Within the NBM Overlay, elementary schoois shall be accessed by local STREETS, pedestrian and bicycle facilities, and shall be allowed in and ADJACENT to the RURAL VILLAGE CENTER, provided such local STREETS provide adequate access as needed by the School Board. (b) Acreage Limitations. i. RURAL VILLAGES shall be a minimum of 300 acres and a maximum of 1,500 acres, exclusive of the required green belt, with exception that the maximum size of a RURAL VILLAGE within those RFMU RECEIVING LANDS south of the Belle Meade NRPA shall not exceed 2,500 acres. ii. NEIGHBORHOOD CENTER - 0.5% of the total RURAL VILLAGE acreage, not to exceed 10 acres, within each NEIGHBORHOOD CENTER. iii. NEIGHBORHOOD CENTER Commercial - Not to exceed 40% of the NEIGHBORHOOD CENTER Page 96 of 176 acreage and 8,500 square feet of gross leasable FLOOR AREA per acre. iv. VILLAGE CENTER - Not to exceed 10% of the total RURAL VILLAGE acreage. v. VILLAGE CENTER commercial - Not to exceed 30% of the VILLAGE CENTER acreage and 10,000 square feet of gross leasable FLOOR AREA per acre. vi. Research and Technology Parks limited to a minimum size of 19 acres and a maximum size of 4% of the total RURAL VILLAGE acreage. vii. Civic Uses and Public Parks - Minimum of 15% of the total RURAL VILLAGE acreage. (3) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of 2.0 units per gross acre and a maximum DENSITY of 3.0 units per acre, except that the minimum DENSITY with a NBMO RURAL VILLAGE shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) Base DENSITY. A base DENSITY of 0.2 DWELLING UNITS per acre (1.0 DWELLING UNITS per five acres) for lands within the RURAL VILLAGE, and the land area designated as a GREEN BEL T surrounding the RURAL VILLAGE, is granted by right for allocation within the designated RURAL VILLAGE. (b) Minimum DENSITY. For each TOR CREDIT for use in a RURAL VILLAGE, one BONUS CREDIT shall be granted, up to the minimum gross DENSITY of 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. (c) Maximum DENSITY. A developer may achieve a DENSITY exceeding the minimum required DENSITY, up to a maximum of 3.0 units per acre, through the following means: i. TOR CREDITS; ii. An additional DENSITY bonus 0.3 units per acre for the additional preservation of NATIVE VEGETATION as set forth in Chapter 4; Page 97 of 176 ---. '-"._~-------_.,..- ---... -. iii. An additional DENSITY bonus of 0.3 units per acre for additional WETLANDS mitigation as set forth in Chapter 4; and/or iv. An additional DENSITY bonus of 0.5 units per acre for each Affordable or WORKFORCE HOUSING unit. (4) Other Design Standards (a) Transportation System Design. i. The RURAL VILLAGE shall be designed with a formal STREET layout, using primarily a grid design and incorporating village greens, squares and civic uses as focal points. ii. Each RURAL VILLAGE shall be served by a binary road system that is accessible by the public and shall not be gated. The road system within the RURAL VILLAGE shall be designed to meet County standards and shall be dedicated to the public. iii. A RURAL VILLAGE shall not be split by an arterial roadway. iv. Interconnection between the RURAL VILLAGE and ADJACENT DEVELOPMENT s shall be required. v. Neighborhoods, NEIGHBORHOOD CENTERS, and the VILLAGE CENTER shall be connected through local and collector STREETS and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. vi. Public transit and school bus stops shall be co- located, where practicable. vii. Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. (b) Location Restrictions and Standards. i. In locating both schools and housing units within the RURAL VILLAGE, consideration shall be given to minimizing busing needs within the community. Page 98 of 176 ii. A RURAL VILLAGE shall not be located any closer than 3.0 miles from another RURAL VILLAGE. iii. No more than one RURAL VILLAGE may be located in each of the distinct RFMU DISTRICT Receiving Areas depicted on the FLUM and on the Official Collier, County Zoning Atlas maps. iv. A RURAL VILLAGE shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to the RURAL VILLAGE may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. v. A RURAL VILLAGE shall be located where other public infrastructure, such as potable water and sewer facilities, already exist or are planned. (c) Size Limitations. RURAL VILLAGES shall be a minimum of 300 acres and a maximum of 1 ,500 acres, except within RFMU RECEIVING LANDS south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. This required RURAL VILLAGE size is exclusive of the required GREENBELT area set forth in section 2.03.08 (A)(2)(b)(6). (d) Additional Village Design Criteria: RURAL VILLAGES shall be designed in accordance with the following provisions: i. RURAL VILLAGES shall be developed in a progressive urban to rural continuum with the greatest DENSITY, intensity and diversity occurring within the VILLAGE CENTER, to the least DENSITY, intensity and diversity occurring within the edge of the neighborhoods approaching the GREENBELT. ii. RURAL VILLAGES may include "Special Districts" in addition to the VILLAGE CENTER, NEIGHBORHOOD CENTER and Neighborhoods, to accommodate uses that may require use specific design standards not otherwise. provided for herein. Such Special Districts, their proposed uses, and Page 99 of 176 ~.- -- applicable design standards shall be identified as part of the RURAL VILLAGE PUD rezone process. iii. The RURAL VILLAGE PUD Master Plan shall designate the location of the VILLAGE CENTER and each Neighborhood, NEIGHBORHOOD CENTER and as may be applicable, Special Districts. RURAL VILLAGES shall include a VILLAGE CENTER and a minimum of two distinct neighborhoods, with defined NEIGHBORHOOD CENTERS. iv. A mixture of allowable uses is encouraged to occur within BUILDINGS in the VILLAGE CENTER and NEIGHBORHOOD CENTERS. v. Transient lodging is permitted at up to 26 guest units per acre calculated on the acreage of the PARCEL occupied by the transient lodging and its ancillary facilities, if such PARCEL includes multiple uses. vi. BUILDING heights may vary within the VILLAGE CENTER and NEIGHBORHOOD CENTERS, but shall not exceed 5 stories not exceeding 65 feet with the VILLAGE CENTER, or 4 stories no exceeding 55 feet within the NEIGHBORHOOD CENTER, and 3 stories not to exceed 40 feet within 200 feet of the GREEN BEL T. The height exclusions set forth in section 4.02.01 of this Code apply within a RURAL VILLAGE. The height exclusion set forth in section 4.02.01 applies in the VILLAGE CENTER only, except that: a) section 4.02.01 requiring 300 square feet of green spaces for each parking space for which the height waiver is granted shall not apply; however, b) For each parking space for which the height waiver is granted, an equal amount of square footage of OPEN SPACE shall be provided in excess of the minimum set forth in section 2.03.08 (A)(2)(b)(7). vii. The minimum LOT area shall be 1,000 SF; however, within neighborhoods, especially approaching the edge of the Village and the Page 100 of 176 surrounding green belt, less compact larger LOT residential DEVELOPMENT may occur. viii. Within the VILLAGE CENTER and NEIGHBORHOOD CENTERS, individual BLOCK perimeters shall not exceed 2,500 linear feet. ix. Within the VILLAGE CENTER and NEIGHBORHOOD CENTERS required YARDS shall be as follows: a) Front SETBACKS - 0 to 10 feet from the RIGHT- OF-WAY line . b) Side SETBACKS - 0 feet c) Rear SETBACKS - 0 feet x. Within neighborhoods outside of a NeighborhoC?d or VILLAGE CENTER required YARDS may vary but shall be designed so as to provide for adequate light, opens space ad movement of air, and shall consider the design objective of the urban to rural continuum with the greatest DENSITY, intensity and diversity occurring within the VILLAGE CENTER, to the least DENSITY, intensity and diversity occurring within the edge of the neighborhoods approaching the GREENBELT. xi. Within the VILLAGE CENTER and NEIGHBORHOOD CENTERS overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the SIDEW ALK and 15 feet above the STREET. xii. Seating for outdoor dining shall be permitted to encroach the public SIDEWALKS and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. xiii. Civic or Institutional Buildings shall be subject to the specific standards of this subsection that regulate building height, building placement, building use, parking, and signage except as deviations are deemed appropriate by the Collier County planning staff with Page 101 of 176 _~u_ ._"-- respect to the creation of focal points, vistas, and significant community landmarks. Specific design standards shall be provided in the RURAL VILLAGE PUD document. xiv. Architectural Standards: Buildings within the VILLAGE CENTER shall be made compatible through similar mas~ing, volume, FRONT AGE, scale and architectural features. The PUD document shall adhere to the provisions of section 5.05.08 of this Code; however, deviations may be requested where such deviations are shown to further these RURAL VILLAGE design standards. xv. Required vehicular parking and loading amounts and design criteria: a) The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. b) On-site parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one canopy tree. c) Parking LOTS shall be accessed from ALLEYS, service lanes or secondary STREETS. d) Any or all of the above parking requirements may be further reduced if a shared parking plan is submitted as part of a RURAL VILLAGE PUD or subsequent site DEVELOPMENT plan application. The shared parking plan shall demonstrate that the reduced parking is warranted as a result of the Page 102 of 176 following: shared building and/or BLOCK use(s) where parking demands for certain uses are low when other demands are higher; a concentration of residential DWELLING UNITS located within 600 feet of non-residential uses; the existence bftransit for use by residents and visitors. xvi. landscaping minimums within the VILLAGE CENTER or within NEIGHBORHOOD CENTERS shall be met by: a) Providing landscaping within parking LOTS as described, and by providing a streetscape area between the SIDEWALK and curb at a minimum of 5 Ft. in width; b) Planting STREET trees every 40 Ft. O.C. The STREET tree pattern may be interrupted by architectur al elements such as arcades and columns. c) Plantings areas, raised planters, or planter boxes in the front of and ADJ ACENT to the buildings, where such planting areas do not interfere with pedestrian access and mobility. d) Providing for additional pubic use landscape areas at intervals within the streetscape, on identified PARCELS with BLOCKs, or as part of public greens, squares, parks or civic uses. xvii. SIGNS: The PUD document shall adhere to the provisions of section 5.06.00 of this Code; however, deviations may be requested where such deviations are shown to further these RURAL VILLAGE design standards by providing for pedestrian scale signage standards with NEIGHBORHOOD CENTERS or the VILLAGE CENTER. (5) NATIVE VEGETATION. NATIVE VEGETATION shall be preserved as set forth in section 4.06.04. (6) GREEN BEL T. Except within the NBMO RURAL VILLAGE, a GREEN BEL T averaging a minimum of 500 feet in width, but not less than 300 feet in width, shall be required at the perimeter of the RURAL VILLAGE. The GREENBELT is required to ensure a Page 103 of 176 -...-- -,,- ,~- ~.,"'- . --- ~'" .... _.~,"" permanently undeveloped edge surrounding the RURAL VILLAGE, thereby discouraging sprawl. GREENBELTS shall conform to the following: (a) GREENBEL TS may only be designated on RFMU RECEIVING LANDS. (b) The allow~ble RESIDENTIAL DENSITY shall be shifted from the designated GREEN BEL T to the RURAL VILLAGE. (c) The GREENBELT may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including WETLANDS and uplands, provide for a BUFFER from ADJACENT NATURAL RESERVATIONS, or provide for wellfieJd or AQUIFER protection. However, at no location shall. the GREENBELT be less than 300 feet in width. I (d) Golf courses and existing agriculture operations are permitted within the GREENBELT, subject to i the vegetation retention standards set forth in section 4.06.04. However, golf course turf areas shall only be located within 100 feet of the GREENBELT boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared or disturbed areas. (7) OPEN SPACE: Within the RURAL VILLAGE, a minimum of 70% of OPEN SPACE shall be provided, inclusive of the GREENBELT. (8) Process for Approval of a RURAL VILLAGE. Applications for approval shall be submitted in the form of a Planned Unit DEVELOPMENT (PUO) rezone utilizing the standard form(s) developed by Collier County, and subject to the Fees established for a PUD rezone application. Where applicable, the RURAL VILLAGE PUO application will be submitted in conjunction with a DEVELOPMENT of Regional Impact (ORI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supercede the ORI process. The APPLICANT shall notify the owner(s) of subsurface mineral rights to the property within the boundaries of the proposed RURAL VILLAGE prior to approval of the PUD. The Application for RURAL VILLAGE PUO approval shall demonstrate general compliance with the provisions of section Page 104 of 176 2.03.06 and shall include the following additional submittal requirements: (a) EIS. An ENVIRONMENTAL IMPACT STATEMENT for the RURAL VILLAGE and surrounding GREENBELT area shall be submitted an accordance with. the requirements of Chapter 10 of this Code. (b) Demonstration of Fiscal Neutrality. An analysis that demonstrates that the RURAL VILLAGE will be fiscally neutral to county taxpayers outside of the RURAL VILLAGE. This analysis shall evaluate the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the RURAL VILLAGE. In addition, this evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the RURAL VILLAGE. In conclusion, this analysis shall indicate what provisions and/or commitments will be to ensure that the provision of necessary facilities and services will be fiscally neutral to County taxpayers outside of the RURAL VILLAGE. At a minimum, the analysis shall consider the following: i. Stormwater/DRAINAGE FACILITIES; ii. Potable water provisions and facilities; iii. Reuse or "Grey" water provisions for irrigation; iv. Central sewer provisions and facilities; v. Law enforcement facilities; vi. School facilities; vii. Roads, transit, bicycle and pedestrian facilities and PATHWAYS; a) SOLID WASTE facilities. b) DEVELOPMENT phasing and funding mechanisms to address any impacts to LEVEL OF SERVICE in accordance with the County's adopted Page 105 of 176 q- _..."n....~._~___ ".. -'. CONCURRENCY management program to ensure that there will be no degradation to the adopted LEVEL OF SERVICE for public facilities and infrastructure identified in (1) through (7) above. 3. NEUTRAL LANDS. NEUTRAL LANDS have been identified for limited semi-rural residential DEVELOPMENT. Available data indicates that NEUTRAL LANDS have a higher r€ltio of NATIVE VEGETATION, and thus higher habitat values, than lands designated as RFMU RECEIVING LANDS, but these values do not approach those of RFMU SENDING LANDS. Therefore, these lands are appropriate for limited DEVELOPMENT, if such DEVELOPMENT is directed away from existing NATIVE VEGETATION and habitat. Within NEUTRAL LANDS, the following standards shall apply: . a. ALLOW ABLE USES. The following uses are permitted as of right: (1) Uses Permitted as of Right. I (a) Agricultural activities, including, but not limited to: Crop raising, horticulture, fruit and nut production, forestry, groves, nurseries, ranching, beekeeping, poultry and egg production, milk production, livestock raising, and AQUACULTURE for native species subject to the State of Florida Fish and Wildlife Conservation Commission. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: I. Fighting or baiting any animal by the owner of such facility or any other person or entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. iii. For purposes of this subsection, the term baiting is defined as set forth in 9 828.122(2)(a), F.S., as it may be amended from time to time. (b) Single-family residential DWELLING UNITS, including MOBILE HOMES where a MOBILE HOME Zoning Overlay exists. (c) Dormitories, DUPLEXES and other types of staff housing, as may be incidental to, and in support of, CONSERV ATION USES. Page 106 of 176 (d) GROUP HOUSING uses subject to the following DENSITY/intensity limitations: (e) Family Care Facilities: 1 unit per 5 acres; (f) Group Care Facilities and other Care Housing Facilities: Maximum FLOOR AREA RATIO (FAR) not to exceed 0.45. (g) Staff housing as may be incidental to, and in support of. safety service facilities and ESSENTIAL SERVICES. (h) Farm labor housing limited to 10 acres in any single location: i. Single family/DUPLEX/MOBILE HOME: 11 DWELLING UNITS per acre; ii. Multifamily/dormitory: 22 DWELLING UNITS/beds per acre. (i) Sporting and Recreational camps, not to exceed 1 cabin/lodging unit per 5 gross acres. U) Those ESSENTIAL SERVICES identified in section 2.01.03 (A). (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with Audubon Intemational's Gold Signature Program. ii. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. iii. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: Page 107 of 176 ,. -. , a) The use of slow release nitrogen sources; b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; c) The use of an integrated pest management program using both biological and chemical agents to control Various pests; d) The coordination of pesticide applications with the timing and application of irrigation water; e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. iv. To ensure water conservation, golf courses shall incorporate the following in their design and operation: a) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b) As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies. c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and BUILDING sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. v. Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing SHORELINES that are sinuous in Page 108 of 176 configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the SHORELINE. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littor~1 shelves that exceed these littoral shelf area requirements. vi. Site preservation and NATIVE VEGETATION retention requirements shall be the same as those set forth in the RFMU DISTRICT criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the LOC. These standards shall be established within one year. (I) Public and private schools, subject to the following criteria: i. Site area and school size shall be subject to the General EDUCATIONAL FACILITIES Report submitted annually by the Collier County School Board to the Board of County Commissioners. ii. The Site must comply with the STATE REQUIREMENTS FOR EDUCATIONAL FACILITIES adopted by the State Board of Education. iii. The site shall be subject to all applicable State or Federal regulations. (m)OIL AND GAS EXPLORATION, subject to state drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of. whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be Page 109 of 176 --" ,--""- .,- _._~ ~_._._-- considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62- 30.005(2)(a)(1) through (12), F.A.C. (2) ACCESSORY USES. The following uses are permitted as accessory to uses permitted as of right or to approved CONDITIONAL USES: (a) ACCESSORY USES and STRUCTURES that are accessory and incidental to uses permitted as of right in section 2.03.08 (A)(3)(a)(1) above. (b) Recreational facilities that serve as an integral part of a residential DEVELOPMENT and have been designated, reviewed, and approved on a site DEVELOPMENT plan or preliminary SUBDIVISION plat for that DEVELOPMENT . Recreational facilities may include, but are not limited to clubhouse, community center BUILDING, tennis facilities, playgrounds and playfields. (3) CONDITIONAL USES. The following uses are permissible as CONDITIONAL USES subject to the standards and procedures established in section 10.08.00. (a) Zoo, aquarium, botanical garden, or other similar uses. (b) Community facilities, such as, places of worship, childcare facilities, cemeteries, social and fraternal organizations. (c) Sports instructional schools and camps. Page 110 of 176 (d) Those ESSENTIAL SERVICES identified in sections 2.01.03 (G)(1) and (G)(3). (e) Oil and gas field DEVELOPMENT and production, subject to state field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall' be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long I as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (f) Earth mining and extraction and related processing. b. DENSITY (1 ) Maximum Gross DENSITY . The maximum gross DENSITY in NEUTRAL LANDS shall not exceed one DWELLING UNIT per five gross acres (0.2 DWELLING UNITS per acre), except that the maximum gross DENSITY for those legal NONCONFORMING LOTS or PARCELS in existence as of June 22, 1999, shall be one dwelling unit per LOT or PARCEL. (2) Residential CLUSTERING. CLUSTERING of residential DEVELOPMENT is allowed and encouraged. Where CLUSTERED DEVELOPMENT is employed, it shall be in accordance with the following provisions: Page ! ~ 1 of 176 <_.~_.~T"_ -"".-. ~ (a) If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with DEVELOPMENT in NEUTRAL LANDS,. interim private water and sewer facilities may be approved. (b) The CLUSTERED DEVELOPMENT shall be located on the site so as to provide to the greatest degree practicable: i. protection for listed species habitat; ii. preservation of the highest quality NATIVE VEGETATION; iii. connectivity to ADJACENT NATURAL RESERVATIONS or preservation areas on ADJACENT DEVELOPMENT s; and iv. creation, maintenance or enhancement of wildlife corridors. (c) The minimum project size shall be at least 40 acres. c. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design Standards set forth in section 4.02.01 of this Code shall apply to all DEVELOPMENT in NEUTRAL LANDS, except for DEVELOPMENT utilizing the residential CLUSTERING provisions in section 2.03.08 (A)(3)(b)(2) above. In the case of such CLUSTERED DEVELOPMENT J the following dimensional standards shall apply to all permitted housing STRUCTURE types, accessory, and CONDITIONAL USES: (1 ) DEVELOPMENT that is Not Clustered: (a) Minimum LOT area: 5 Acres. (b) Minimum LOT width: 165 Feet. (c) Minimum YARD Requirements: i. FRONT YARD: 50 feet Page 112 of 176 ii. Side YARD: 30 feet iii. Rear YARD: 50 feet iv. NONCONFORMING LOTS in existence as of June 22, 1999: '.. a) FRONT YARD: 40 feet. b) Side YARD: 10 percent of LOT width, not to exceed 20 feet on each side. c) Rear YARD: 50 feet. (2) DEVELOPMENT that is Clustered. (a) Minimum LOT area: 4,500 square feet. (b) Maximum LOT area: One Acre. I (c) Minimum LOT width: Interior LOTS 40 feet. (d) Maximum LOT width: 150 feet. (3) Height Limitations. (a) Principal: 35 feet (b) Accessory: 20 feet, except for screen enclosures, which may be the same height as the PRINCIPAL STRUCTURE. (c) Golf course/community clubhouses: 50 feet (4) FLOOR AREA. The minimum FLOOR AREA for each dwelling unit shall be 800 square feet. (5) Parking. As required in Chapter 4. (6) Landscaping. As required in Chapter 4. (7) SIGNS: As required in section 5.06.00. d. NATIVE VEGETATION RETENTION. NATIVE VEGETATION shall be preserved as set forth in Chapter 4. Page 113 of 176 <--------- -"' . " <._- e. USABLE OPEN SPACE. (1 ) Projects of 40 acres or more in size shall provide a minimum of 70% USABLE OPEN SPACE. (2) USABLE OPEN SPACE includes active or passive recreation areas such" as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other . similar OPEN SPACES. USABLE OPEN SPACE shall also include areas set aside for conservation or preservation of NATIVE VEGETATION and landscape areas. (3) Open water beyond the perimeter of the site, STREET RIGHT-OF-WAY, except where dedicated or donated for public uses, DRIVEW A YS, off-STREET parking and loading areas, shall not be counted towards required USABLE OPEN SPACE. 4. RFMU SENDING LANDS. RFMU SENDING LANDS are those lands that have the highest degree of environmental value and sensitivity and generally include significant WETLANDS, uplands, and habitat for listed species. RFMU SENDING LANDS are the principal target for preservation and conservation. DENSITY may be transferred from RFMU SENDING LANDS as provided in section 2.03.07 D.4.c. All NRPAs within the RFMU DISTRICT are also RFMU SENDING LANDS. With the exception of specific provisions applicable only to NBMO NEUTRAL LANDS, the following standards shall apply within all RFMU SENDING LANDS: a. ALLOW ABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1 ) Uses Permitted as of Right (a) AGRICULTURAL USES consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). (b) Detached single-family DWELLING UNITS, including MOBILE HOMES where the MOBILE HOME Zoning Overlay exists, (c) Habitat preservation and CONSERVATION USES. (d) Passive parks and other passive recreational uses. Page 114 of 176 (e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. (f) Those ESSENTIAL SERVICES identified in section 2.01.03 (B). (g) OIL AND GAS EXPLORATION, subject to state drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable, This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A C" regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT . shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42. F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62- 30.005(2)(a)(1) through (12), F.A.C. (2) ACCESSORY USES. ACCESSORY USES and STRUCTURES that are accessory and incidental to uses permitted as of right in section 2.03.08 (A)(2)(a)(1) above. (3) CONDITIONAL USES. (a) Those ESSENTIAL SERVICES identified in section 2.01.03 G.2. Page 115 of 176 "~,. - ~-~ ...--'- (b) Public facilities, including SOLID WASTE and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands ADJACENT to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of SOLID WASTE disposal. '.. (c) Oil and gas field DEVELOPMENT .and production, subject to state field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier Cdunty environmental permitting requirements shall I be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (d) Commercial uses accessory to permitted uses 1 .a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a RESTAURANT accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b. USES ALLOWED WHERE TOR CREDITS HAVE BEEN SEVERED Page 116 of 176 (1 ) Uses Permitted as of Right (a) AGRICULTURAL USES consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities,. to the extent and intensity that such operations exist at the date of any transfer of DEVELOPMENT rights. (b) Cattle grazing on unimproved pasture where no clearing is required; (c) Detached single-family DWELLING UNITS, including MOBILE HOMES where the MOBILE HOME Zoning Overlay exists, at a maximum DENSITY of one dwelling unit per 40 acres. In order to retain these DEVELOPMENT rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. (d) One detached dwelling unit, including MOBILE HOMES where the MOBILE HOME Zoning Overlay exists. per LOT or PARCEL in existence as of June 22, 1999, that is less than 40 acres. In order to retain these DEVELOPMENT rights after any transfer, up to one dwelling must be retained (not transferred) per each LOT or PARCEL. For the purposes of this provision, a LOT or PARCEL shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: i. the LOT or PARCEL is part of a SUBDIVISION that was recorded in the public records of the County on or before June 22, 1999; ii. a description of the LOT or PARCEL, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or iii. an agreement for deed for the LOT or PARCEL, which includes description of the LOT or PARCEL by limited fixed boundary, was executed on or before June 22, 1999. (e) Habitat preservation and CONSERVATION USES. (f) Passive parks and passive recreational uses. Page 117 of 1 76 -,-" "-'--'- (g) Those ESSENTIAL SERVICES identified in section 2.01.03 B. (h) OIL AND GAS EXPLORATION, subject to state drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in ordE3r to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed 'satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C- 25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requireme~ts of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (2) CONDITIONAL USES (a) Those Essential Uses identified in section 2.01.03 G.2. (b) Oil and gas field DEVELOPMENT and production, subject to state field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state ,permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule Page 118 of 176 .' 62C-30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County; so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (c) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of CONDITIONAL USES within RFMU SENDING LANDS: i. The APPLICANT shall submit a plan for DEVELOPMENT that demonstrates that WETLANDS, listed species and their habitat are adequately protected as specified in Chapters 3, 4 and 10. ii. Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. c. DENSITY. (1) 1.0 DWELLING UNITS per 40 gross acres; or (2) 1.0 dwelling unit per NONCONFORMING LOT or PARCEL in existence as of June 22, 1999. For the purpose of this provision, a LOT or PARCEL which is deemed to have been in existence on or before June 22, 1999 is: (a) a LOT or PARCEL which is part of a SUBDIVISION recorded in the public records of Collier County, Florida; (b) a LOT or PARCEL which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has Page 119 of 176 .- - been recorded in the public records of Collier County Florida on or before June 22, 1999; or (c) a LOT or PARCEL which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. d. NATIVE VEGETATION RETENTION. As required in Chapter 4. e. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set forth in section 4.02.01 of this Code shall apply to all DEVELOPMENT in Sending designated lands of the RFMU DISTRICT, except as follows: (1 ) LOT Area and Width. (a) Minimum LOT Area: 40 acres. (b) Minimum LOT Width: 300 Feet. (2) Parking. As required in Chapter 4. (3) Landscaping. As required in Chapter 4. (4) SIGNS. As required in section 5.06.00. 5. SPECIFIC VEGETATION STANDARDS FOR THE RFMU DISTRICT. For these specific standards, please refer to section 3.05.07 C. through 3.05.07 E. of this code. C. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA) 1. PURPOSE AND INTENT. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly; allowable land uses, vegetation preservation standards, DEVELOPMENT standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall Page 120 of 176 to be applicable in addition to any standards that apply tin the underlying zoning district. a. NRPA OVERLAY AREAS. NRPAs are located in the following areas: (1 ) Clam Bay Conservation Area (within Pelican Bay Planned Unit DEVELOPMENT ); (2) CREW (Corkscrew Regional Ecosystem Watershed); (3) North Belle Meade; (4) South Belle Meade; (5) South Golden Gate Estates. The NRPA lands within the Rural Fringe Mixed Use District to which the Section 2.03.08 C. regulations apply (i.e. - numbers 3 and 4 above) are depicted by the following map: Page 121 of 176 _w...' ____.._.___....._.'._.....m_ .._..._.._..__.__._________.____'..__ ._._._.._.....__._......_._.....__.._.____._______._...___.__.... LEE COUNTY RURAL FRINGE I MIXED USE DISTRICT NATURAL RESOURCE PROTECTION AREAS i S ROAD ~ : !I LEE COUNTY . ;,' i~ i i , i I I \ ! IMMOKAI.fE I ) RANDALL BLVD I ------- 1 ROAD -- -'-J -j \ ~i I , I ~ f------.--l>OI.D~_~~__ BOlA.EVARD ---.-J ~ ~! :!:i ~,,' "' i at ! fl5' g ii a: (j 0, I " , t/ ;! ,-''',__ '" j .. . ~ "<~ '" , , ;ii5 >O'J' "),.<~ l::,i;>;i. : "~?b_ , <'if ~ '\'"; 1 "" ", ~"-:.:;;; q RAt ~f.<:'~J~<:!:': " ,~ol j "-',- t>;,l("; J,"~:A ~~ __'_-~>~ " I .....,"-., :.!it: l:;:,G.I'~'-~. ~'Ji"P(.l"T !if.C!"~,, ,-,,_~~: ~-.~>~~:g~,~t..~.. 1"1.;' :31;;' W;L~ [.;;'''''~i(j,'~ ....----.....--- ...............'...._..._...._.._.____.._.___m....____ ........_.._._._._____>__~_.._._._._____.._....... b. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU DISTRICT. NRPAs located in the RFMU DISTRICT are Page 122 of 176 identified as RFMU SENDING LANDS and are further subject to the provisions, conditions and standards set forth in section 2.03.08 (A)(4). Private property owners within these NRPAs may transfer residential DEVELOPMENT rights from these important environmentally sensitive lands to other identified "receiving" lands pursuant to eth specific provisions set forth in section 2.01.03 of this Code. c. DEVELOPMENT STANDARDS. DEVELOPMENT within a NRPA shall adhere to the following standards: (1 ) Vegetation Retention and Site Preservation - NATIVE VEGETATION retention shall be as required in Chapter 4. . (2) Permitted and CONDITIONAL USES for all lands within a NRPA that are zoned CON and for those lands within any NRPA that are publicly owned shall be as set forth in sections 2.03.05 (B)(1 Ha), (b) and (c), respectively. (3) For privately owned lands within a NRPA within the RFMU DISTRICT, permitted and CONDITIONAL USES shall be those , as set forth in the RFMU DISTRICT Sending Lands (section 2.03.08 A.4.). (4) For privately owned lands within a NRPA and designated Estates, permitted and CONDITIONAL USES shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan. As these privately owned Estates Designated lands are acquired for conservation purposes, the Comprehensive Plan and will be amended to change the Designation to Conservation and the property will be rezoned to the CON DISTRICT. (5) There are approximately 15 sections of privately owned land within a NRPA that are not designated Sending and are not located within the RFMU DISTRICT. Eight (8) of these sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates LOTS, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to CON DISTRICT. Until such time as the designation on these lands is change to CON DISTRICT, Page 123 of 176 ~. -- permitted and CONDITIONAL USES for these privately owned lands shall be those set forth in underlying zoning district D. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 1. PURPOSE AND INTENT. The NORTH BELLE MEADE OVERLAY (NBMO) is unique to the RFMU DISTRICT because it is surrounded by areas that are vested for DEVELOPMENT on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future DEVELOPMENT that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land and approximately 15,550 acres and is located entirely within the RFMU DISTRICT (section 2.03.08 A.). Page 124 of 176 NORTH SEllE MEADE OVERLAY DISTRICT GOLDEN GA TE BOULEVARD ;:- ~ a: I d ..... ~ ~ ~ ~ ; ~ INTERSTATE. 75 N l '"' u ..:. ,~ I LEGEND I I __ 0II1III:T 1CUIOMl' PRPNIED I~ CRAIlHICS NIl TECHNfCAl.. SlJ~T SECTION ~TY CJ(\€l.OlIINOfT AND ENwtCNI[NTAl. SER'oIIla:S I)l~ o...~ 10/200.1 Fl.E: NMl-O'of:_A'I'-w.ua-a.owc 3. APPLICABILITY: a. NBMO RECEIVING LANDS. Permitted, conditional, and ACCESSORY USES within NBMO Receiving Lands shall be as set forth in section 2.03.08 (A)(2) , except as provided in section 2.03.08 (0)(5). All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to DEVELOPMENT in NBMO Receiving Lands to the extent specifically stated in this section. However, all DEVELOPMENT within NBMO Receiving Lands shall comply with all non-environmental review procedures for site DEVELOPMENT plans and platting as set forth in this Code. b. NBMO NEUTRAL LANDS. Except as otherwise specifically provided in section 2.03.08 0.4. and section 2.03.08 0.5.b., all DEVELOPMENT within NBMO NEUTRAL LANDS shall be consistent with section 2.03.08 A.3. Page 125 of 176 .-- c. NBMO SENDING LANDS. Except as otherwise specifically provided in section 2.03.08 0.4., all DEVELOPMENT with NBMO Sending Lands shall be consistent with section 2.03.08 A.4. 4. GENERAL PLANNING AND DESIGN CONSIDERATIONS: a. TRANSPORTATION. As a condition for the approval of the residential component of any $.UBDIVISION plat, site DEVELOPMENT plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. (1 ) An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential DEVELOPMENT should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. I I ! (2) As an alternative to (1) above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of County transportation staff, to safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. (3) Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The RIGHT- OF-W A Y shall be of a sufficient size to accommodate collector road requirements. (4) All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 2 above, shall: (a) be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; and (b) be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pu rsuant to Florida Fish and Wildlife Conservation Commission criteria. Page 126 of 176 b. BUFFERING. The western 1/4 of Sections 22 and 27 shall be BUFFERED from the NBMO NRPA to the east by a BUFFER preservation that includes all of the eastern Y2 of the westem 1/4 of Sections 22 and 27. This BUFFER shall consist of lake excavation areas between the Wilson Boulevard extension road RIGHT-OF-WAY and the NRPA. c. GREENWAY. A Greenway that follows natural FLOWWAYS, as contemplated in the Community Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a condition to the creation of TOR CREDITS from NBMO Sending Lands that constitute natural FLOWW A YS, such lands shall be dedicated to a public or private entity for use as part of the Greenway. 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS (1) DENSITY. (a) The base DENSITY in RFMU RECEIVING LANDS, outside of a RURAL VILLAGE is one dwelling unit per five (5) gross acres. (b) This DENSITY may be increased, through TDR CREDITS, up to a maximum of 1 dwelling unit per gross acre. (c) Once a DENSITY of 1 dwelling unit per gross acre is achieved through TOR CREDITS, additional may be achieved as follows: i. 0.1 dwelling unit per acre for each acre of NATIVE VEGETATION preserved on-site; ii. 0.1 dwelling unit per acre for each acre of WETLANDS having a functionality value, as assessed using the South Florida Water Management District's Unified WETLANDS Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or iii. 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a BUFFER area adjoining a NRPA that is dedicated to a public or private entity for conservation use. Page 127 of 176 - -- ,,-_.'- - - -- (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2004, or such other date as the GMP is amended to provide, such uses may expand only into the western half of ,$ection 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the westem quarters of 22 and 27 as a permitted use if either of the following occur by June 19, 2004, or such other date as the GMP is amended to provide: i. an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east-west connector roadway between County Road 951 and the Wilson Boulevard extension; or I I ii. the mine operator commits to construct a private haul road by June 19, 2006, or such other date as the GMP is amended to provide, without the use of any public funds. (c) If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the westem half of Section 21 at historic levels, shall be permitted only as a conditional use. (3) A GREENBELT is not required for any DEVELOPMENT in NBMO Receiving Lands, whether inside or outside of a RURAL VILLAGE. (4) NBMO RURAL VILLAGE. A NBMO RURAL VILLAGE shall adhere to the provisions for RURAL VILLAGE set forth in section 2.03.08 (A)(2)(b), except as follows: (a) DENSITY. An NBMO RURAL VILLAGE shall have a minimum gross DENSITY of 1.5 DWELLING UNITS per acre and a maximum gross DENSITY of three (3) DWELLING UNITS per acre. Page 128 of 176 i. The minimum required DENSITY shall be achieved through TOR and BONUS CREDITS, as provided in section 2.03.08 (A)(2)(b)(3)(C). ii. Once the minimum required DENSITY is achieved, additional DENSITY may be achieved, up to the maximum of three (3) DWELLING UNITS per gross acre through anyone or combination of the following: a) TDR CREDITS; b) 0,3 dwelling unit per acre for each acre of NATIVE VEGETATION preserved on-site; c) 0.3 dwelling unit per acre for each acre of WETLANDS having a functionality value, as assessed using the South Florida Water Management District's Unified WETLANDS Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a BUFFER area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (b) SIDEWALKS shall be required on both sides of the STREETS. (c) Interconnected BIKE LANES shall be provided on all collector and arterial roadways. (d) Schools shall be located within a NBMO RURAL VILLAGE whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co-located with other public facilities and civic STRUCTURES, such as parks, libraries, community centers, public squares, greens, and civic areas. (e) Elementary schools shall be accessible by local STREETS and pedestrian and bicycle facilities and shall be located in or ADJACENT to the RURAL VILLAGE CENTER, provided that local STREETS provide access adequate to meets the needs of the School Board. Page 129 of 176 ..' -'-_._"---_.~--- .~ ---- b. NEUTRAL LANDS. NEUTRAL LANDS shall be governed by the standards set forth in section 2.03.08 (A)(3) , with the exception that, in those NEUTRAL LANDS located in Section 24, Township 49 South, Range 26 East, a minimum of 70% of the NATIVE VEGETATION present shall be preserved. 2.03.09 Districts Under Moratorium [RESERVED] 2.04,00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS 2.04,01 Rules for Interpretation of Uses In any zoning district, where the list of permitted and CONDITIONAL USES contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted and CONDITIONAL USES, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in section 1.06.00, interpretations, of this LDC. 2.04.02 Effect of Approvals Under the Zoning Reevaluation Ordinance Any use or STRUCTURE that has been granted a COMPATIBILITY exception, an exemption, or vested rights pursuant to the Collier County Zoning Reevaluation Ordinance, Ordinance No. 90-23 (1990), shall be a permitted use in the zoning district in which it is located to the extent of its approved maximum DENSITY or intensity of use and to the extent that it remains effective. Such use or STRUCTURE shall nevertheless comply with all other requirements and regulations of the LOC. 2.04,03 Table of Land Uses in Each Zoning District The following tables identify the uses that are permissible by right in each zoning district and the uses that are allowable as CONDITIONAL or ACCESSORY USES. Page 130 of 176 > en> en> > > ~ > > ~ ~ 0> i!t ~ !; llIU1lD lDm 'V 5 lD 3 lD3 ~. ~r (Q (Q 1Oe. glli" ~ II II ~.!ii C!c: iii' 5- iiI' 5' ~. ~~ 3 0 ::I :;; iiI " 0 CI. lD .. ::l 11 1 o'm c: c c: c: c: :i" c: UlIlI:Il" ~ III ~ lDlD ;:!. := i!' ~ ~ ~ ~ iilO f[ a c lSlZi m3 , l>> c: c: c: c: ~ ~. I; "tI lD lD Ci) i! [ [ e. [ [ a <lD_ iD a ::a. lD 0 ~ 0- ::1= = i ge ge ::I "tI ff ff en 0 ~ l>> :or en c -II UlIt It III l>> III ~ ill lD lD Uln~ J:l J:l [ it ~, ~. s. i: en ~. lD 0 0 IE l'l l'l ." !. ~ .!.a::r ~ > 0 III j I I ar ~. 1O =g ; I ~. CI> ... CI> CI> f IT a en 31 ~l ! cr cs' cs' g- III lD ." :"" ::I ::I ::I iD III l>> ;. 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L"..,'~' , Residential Subdistrict (R-1) Residantlal Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) --.. ----" 1lI1l1l:11 ClIm "0 HIii' )( II II :Ii;- !'i 'i ~ !Z ~ 0'; .. -<ClI_ 3 0- ::11- = II = C -II a. 1 llIn"O CD 0 (3 ~ .!.a,::r =: a: a: ::r il a -.- s- III III 5' ::11- Q,~ (.0) SIC Code ~ N W (Xl -..j (.0) Residential Multiple Family-6 - RMF-6 Residential Multiple Family-12 - RMF-12 Residential Multiple Family-16 - RMF.16 Residential Tourist - RT "0 <i - g: 2- - -..j (l) Commercial Convenience - Co2 Commercial Intermediate - C-3 General Commercial - c-4 Heavy Commercial - CoS Community Facility - CF --..- Golden Glades Parkway Professional Office Commercial Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Residential Subdistrict (R-1) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) "'> "'> "'> ~ ~ i~"O"8~ ~;g > ~> >0 lD 3 lD 3 lD3 =:0 8.c: c: lll:l, c. t-c. II II ~.c: ~"~ S,C: 5' 5" c: 'I -::l'c::=1ll_0 := 11I0 0'" lillG c: c: lD:r~-<g8~ c. ~~ lDlD lD lD := := '" 3 '" 3 "'3 c: c: ~ (p 0"2. 2' :>l" c: ~ lD lD lD i!. i!. lDO::JIll....c:rjil a en ;::;" 3. 3. 3. 0 '" -" tI> C....~3._CDCil:':" III :C' 00 go go go :;":1: )( - III l!!ll Cil ::J CD CD III Cil ~ ~ ~ tiS iSs.8 s"-"_. 0 c:(; 0 1'5" iD 1'5"(Q III t5 3 ... IGIG ';} Cil Cil Cil III "'Ill -<'!2. '" !2. 2, Q. ~ go CD c:r !!l. !!l.. !!l. i iF o. 0' o. lD 3 iir S. ~ ::J ::J :l l* -< 1'5" , Q l; ::l a. ....,,,,,,....,...., ~~....,~~ ...., ~~~~ ~ SIC Code .. ~~~~ 1O~.c.."" 10 c: .... tn.c...c.. : (,)---.......... .... ~,!')~ 10, !"S'J .. ..... I III GC g . - 0 J: 0 A . '< 0 E go ~ 0 RSF-1 6' ~ . c:r 0 RSF-2 iF S- o RSF-3 m . n :r 0 RSF-4 ~ :l 0 RSF-5 :i" (Q c 0 RSF-6 iii' - .. !l 0 RMF-6 . .. RMF-12 ~ n 'V CD . III 'Ii RMF-16 III 0 ~ -< c: sa. RT : ~ VR .. 0 .. MH 0 0 > TTRVC :l a. =: C-1 6' :l C-2 !. c: 0 C-3 : ~ 0 0 0 c-4 0 0 C-S 0 I BP 0 CON P ". CF FMO ABa MSO BDMU BDMU-W BDMU-R-1 BDMU-R-2 BDMU-R-3 GZO ... .""~ .-,. g lSl g III g If 3lIl > ~> Ill> > > ~ > > >() 0 ~~ c CllS Cc Cll 0 ::J ::J II II S- a ~ 6' 00 Cll 30 g, 00 go=, iir ::r c tD ~ :T III III 0 ::J ii1 go ~::r 3 =3 ::Ig S" ~ ... III ~ 00 0 5' 0 0- ...0 i ::I 0 C - 0::1 C !!. ~ c CD_ ...lD ~ 3 () lD~ ~ Cll ill CD::r ~ <' OlD iil 0 2. en=:;: !I ~ U> CD I>> ::II>> ll: CD 0::1, <' Cll ::J ~ ~r Cll 2S: S' .:::." ill <~ 3::1 ~' ~ ~ III a iiio- Cll(Q ::I III _0 CD CD iil' III CD !e. 50 ::J 01>> IllUl Cll ::I s- CD_ iii' Cc ~ Cll CD ::IlD iii' S ~< ~ U> Cll 52, tD CD S-iil 5"5' III CD = - I>> ~~ iDo S" lIO c!ll ar ~. iil~ Cll . Cll Cll a CD U> g t1I Ol ...... ............ t1It11t11U1 U1(J ...... Ol SIC Code Ol ~ g t1It11 t1It11U1U1 lDOl lD .,.. - -- lDOlt1lN l8!D lD N (.:J N - lD~ c;c............ lD N GC () () () () A () () E () RSF-1 () RSF-2 () RSF.3 () RSF-4 () RSF.S () RSF-6 () () RMF-6 () () RMF.12 "0 II> 'it () () RMF.16 - ~ () () 2. AT - () () ~ () VR MH TTRVC () C.1 () C.2 (') (') C-3 (') (') (') (') c-4 (') (') C.S I BP CON (') (') P (') , , (') (') CF FMO ABO MSO BDMU BDMU-W > (') BDMU-R-1 (') BDMU-R-2 BDMU-R.3 GZO a: 0 b> b> 0 ~ 0 0 0 ~g 0 0 0 f.l~ 0 0 0 >0 " 0 0 2" jIi' ~: ::r ::r III = = = II II 0 3 3 3 ar !i 3 iilC: c: III 3 . III ;. ill 3 i 3 = n ., 3 3 3 5l III go ::rn c. III .cc c rsl. no a c: c: III ci" ., :::l o'ffi ~ 0' CD 0 ~ tS n ::l c: n -< ::l III ::l :::l n S- O' c. iil c: III = ::I, III ::;: Illc. s: 0' ~r ~ III E n i III ..... I/J n 0::;: c: < III go 0 - 0 ~ ci' 5l !!!. ii3 ::l CD :::l, = cc = 0' 5' c: ~ ~ III ~ "0 iil 8- a iil c:r ::l 0' ::l 3' = ::l ::l 0 0 III iil c: 0 c:~ ::l III !f [ n c: is: I/J 0 0 III 0 I/J 3 CD 5l "0 8:8: n- CD I/J 0 !il CD 0 ~ III a = 5 CD ::;: a :::l iil III ii' ill III C. ::;: 0 (5' ::l III 0 ::l n ."..". tn <Xl CXl ~~ SIC Code jIi' CXlCXl CXl ~ Co) 3 .".... ... ~ ...rp U) :::l c: iil 0 0 GC CD ::I. CD III 0 0 00 0 0 A 3' :r 0 0 > > 0 E CD Cj) & 0 0 0 0 0 RSF.1 jIi' ::l 0 0 0 0 0 RSF-2 c. 0 ~ 0 0 0 0 0 RSF.3 ::L = '< 0 0 0 0 0 0 RSF-4 iii' .a 0 0 0 0 0 RSF-S III CD CD 0 0 0 0 0 RSF-6 I\) b U) 0 0 0 0 0 RMF-6 b ;-ol 0 0 0 0 RMF-12 "'tI lID i 0 0 0 0 RMF-16 gj 0 0 !il. RT ~ 0 0 0 0 VR CI> 0 0 MH 0 TTRVC 0 0 > C-1 0 > C-2 0 > c-3 0 > C-4 0 0 0 > C-S 0 0 0 0 > I > BP 0 CON > P , , 0 CF FMO ABO MSO 0 0 BDMU BDMU-W BDMU-R-1 BDMU-R-2 BDMU-R-3 ;;0 GZO -_..,',- "., ....--. _0_-' . -.- 0 0 0 0 21.0 0 00 0 0 0 >0 ~" g CIl ~ ~~ 0 CIl 0 0 0 0 II II ~ CD ~ ~ ~ ~ 3 3 ~ ~ ;a 0 CIl 0 < CD~ 0 3 3 III 0 ~" en en Q. :i" (I) UJE Cil 00 <:5" :::l' ~ c: c: o ~ ~ ~ CIllC ar :i" CD ~ ~ (l)Q. CIl ~~ ~ lC Q ~ fA::; en Pi' en -" iD :i" 0 0 00 0 ~Ill (I) III III :T 0 ~ CT ~ IllCT en ... ~ (I) CIl III - :i" =: !t ~ c:~ lir ai" S 3~ 0 !. CD ~ en iil !i ~ CIl en en 3 0" CIl 3 III iil CIlCll en iO ~ iil CIl ~ a~ 12- ~ en iil' iil' 3 III CIl ~ go ;a iil' UI (l)~ UI ..., SIC Code CD g.... ~ to .... .... I\) Co) co.... .... I\) > GC > 0 0 A E 0 RSF.1 0 RSF-2 0 RSF-3 0 RSF-4 0 RSF-S 0 RSF-6 0 RMF-6 0 RMF-12 "tl III 'i 0 RMF-16 ~ > > 2- RT 'I .... ..., VR I 0> I MH I TTRVC 0 Co1 C-2 0 0 c-3 C-4 C-S I BP CON 0 P , , CF FMO ABO 0 MSO BDMU BDMU-W BDMU-R-1 BDMU-R-2 BDMU-R-3 GZO &; ~ ~ ~i ~ $!!l m g,li! m m m 0 >0 [ Q. ll!. III ~: ~~ CT ~ ~,~ alii ~ ~' ~ II II ~ ~ 6 III 0 S::r III ~ 5' 5' CIla 3 00 ~ tl, ~'g' en. ~ en 0' 5- (I) 5' i o ~ CIl 15' ~ o ~ ~ en CIlQ. -i' Q. ~ ~- iD ~' (/J ;::;" I>>iil 8~ en 2: 13 !l o ~ 3 (1) CIl :7;- aa iil ~, iii' (I) i go Iii$! en III (1)- I!. ~ c~ cO' en ~' ai' 3 I III (I) $$ =1>> ::I ~ .!I! en CIl OlC if "0 ~ !.iiJ' I- c iil' ~c ~ -< it 2: lC~ en (';' oc go 3:-iil CIl- ~'~ ~; ~~ CD CD CD CD U1. SIC Code I>>---m< co to 1\)1\) ~~ ~ ...,.... Co).... :g.!l.s!:-p! l8rp ....7' ....7' I\) al:flO < CD 'V GC !!.I>>~~I: o~ ~ -'~ "'c ~ ::<0 .> 0 ::<0 0 A :g::1.!._,o ~a~6= 0 > 0 o~ E 3~CIliii'i S'o~,I>>"O S'~ en~~ 0 RSF-1 cp a ~ 5' -g !. -. S:~ 0 RSF-2 iil 3 ~ (I) . CI>>I>>~ ~CDl!!!: 0 RSF-3 :: 51' ;- 0 o-o:f RSF-4 :fal CD CD 0 CD3~1>> "0 ~ _lC ~(I)!!!iiJ- 0 RSF-S CD~3!i. Q.alllC: 0 RSF-6 ~3ali en :flfil 0 1>>(I)3m 0 RMF-6 ~ en < Q."'~m 8CD-r- 0 RMF-12 "tl ag~ ~ i "'~-I: -,~ CIl gS3m 0 RMF-16 .... enCD-!i !ll $)(0 0'" sa. > 2- -CD I>> RT ai -(I)lC:f ~.~ g ~ 0 VR S'~~~ I 0 MH en iil CDo- llcc~ TTRVC 0' c: III . ~(';ID C-1 ....'ili en g a.i 0 Co2 !XI!'l~ 8>= Co3 ' ~!. C-4 c:~ it c-s _, :f ~CD ~g> 0 0 I os. CIl:r BP 1"Tl sa. 0' 0 0 CON ~~ ~:s 0 :")....> P oll!. CCD " CF CT... (';. 3: FMO 'ili!!l a.1D ABO enlC CIl en3 MSO ~CD ~::1. ale BDMU ~! BDMU-W ;' a- 0' BDMU-R-1 0 ~ g: BDMU-R-2 0' ~ BDMU-R-3 !!. c en GZO CD -.__.~-- Ci) Ci) Ci) Ci) "Tl"Tl "Tl o "TI "Tl "Tl "TI "TI "TI ~ "TI >0 e:: e:: c: -... ~ ~ 0 Cii' iD' III 0 0 := el e::1>> :::;; :::;; ~ CIl l!- CT_ 8. ~ c: 3 3 II II 0 0 en '5l CIl- CIl ~ III 0 ~ iff Q. Q ~ en 'Q 0 1 00 0 2' CIl en iii' c: t8 0 (I) ~ o ~ CT ~ 'lll ~ I>> 8. Q CIlQ. iil CIl iii' en_ al ~, ~ en g- e:: en -, CD iil iil e:: ::1. en e:: en ~. 0 ~CD -,8. en 0 00 e:: ~. _,en !!.lC 0- CIl 0 ~ s ~ ~ en 0 1ii 0 III CD CD o CD < iil c: . c:~ 12- en -en !!! en c: . iil ~ ~' en en I>> go g--g, UI ~, 3 (I) CD ~ 1ii ! ~ III ~ CD ~, !II III .::: Iii UI .., i~ ~~ I\)~ ....0 tnUl SIC Code i I\) ~~ COW .... .... (l) co.... .... .... tnUl .., .... co 7' CD. co/)J co~ 0 GC 0 > 0 > A 0 > E 0 RSF-1 0 RSF-2 0 RSF-3 0 RSF-4 0 RSF-S 0 RSF-6 RMF-6 RMF-12 "tl III 'i RMF-16 i 0 RT 2- ai 0 VR MH 0 TTRVC 0 0 Co1 0 Co2 0 C-3 0 0 C-4 0 0 C-S 0 I BP CON 0 P CF FMO ABO MSO BDMU 0 BDMU-W BDMU-R-1 BDMU-R-2 BDMU.R.3 GZO g r- r- r- " ~ Kl c... c... 5' J: J: J: J: J: Ci) Ci) G> >0 ~ <!' CIl g' c: I>> 0 e:: 0 51 ~ CD e:: a 0 II II CD I>> ~ ~en :I; :i" ::1. lD !!. CIl :::;; !l!. 21. :f ~ ~ if en (I) ~' Iii 'R CIl :f en t6 Q. Illo I>> III g CIl en CIl lD iil iD ~ 00 ... Iii . ID III en g ~: o~ ~ ~ ~ iD "0 0 0 5- Iii en lD c: lDQ. Q. Q. go en al 6 en ::0' c: iil III ~, en en -. en en ~ ~ CT CT en lD 00 e:: e:: ~ CD lr 5' 3 :r en 5 iil al CT CT ~' ~ en S CIl (I) c: e:: ~ 0 ~ en :::l' ~ c:- a- a- !!. a CD CD en ~ en c: III III go ~' Iii iil lDen ~ ~ - !!! lD - ; 5' go iil Cii' ~ ~ ~ ~' ~ en .., ~~ ~~ ~ ~,o fSf6 ~~ ~CD CD CD SIC Code :;;! ~ Co) g .... 1\).... ~ .... !'J ~7' .... > GC 0 0 > o 0 A > > 0 E > 0 RSF-1 > 0 RSF-2 > 0 RSF-a > 0 RSF-4 > 0 RSF-S > 0 RSF-6 0 RMF-6 0 RMF-12 "tl III 'i 0 RMF-16 en ..., 0 2. AT \ .... 0 ..., VR 0> I MH TTRVC 0 Co1 0 C-2 0 0 0 Coa 0 0 0 0 0 C-4 0 0 0 0 0 0 C.S 0 0 > I BP CON 0 0 p . , CF FMO ABO 0 MSO BDMU BDMU-W BDMU-R-1 BDMU-R-2 BDMU-R-3 GZO ~..~,-,_..- iii'Z 1>>3: 1>>3: 3: s: ens: os: 3: en 3: s: 3: 3: 3: r- >0 e:: 0 ~ 0 ~o sa a m-8. o _, 5' !l!.(I) CIl ~ ~, III c: II II ~ ~ Q.- Q.- 3 )( mg. ~ 5' 3 00 ~ Q ~Q 6' 0' en CD 3!. jj;' i: 5' Q CT III 0 ~o ~ ~ 0- ~ III lD CD 00 ~'~ Il>_ Il>- 1'2, 1'2, CD~ CD... III 3 ~ ... o~ <0 CD a ii. a.= al ~ ~ CIlQ. ~ 0 Q. CIl III III III 5'<5' ~lC S S lD3 !!.5: ~ !!. 5' ~ ~ en;:;,- Ol a Cir l/l -, o~ E; e:: 0 Q. 0 e::::t c:- a iil!J: CD (I) :f CD lD ~ ~ jj;' en _ en- CD ::1. I ~ Il> ~ III g'~ ~'~ stg. Il> ~ 0 Pi' Il> c:~ en[ ~ 0 0 ~ ~ al 8. CD CD Q. c: c: 0 III en en en en aa. III iil s: (I) CD '8 '8 3 ~ CD en i CD CD 8. Q. CD ai' Pi' ~ ~ iil iil 0 en !. ... ~ !!. e:: 6' 5' 0 ~ ~ ai' 1ii en ~~ ~~~~ ..,.., ..., ~j 1\)1\)1\) SIC Code co 1\)1\) 1\)1\)1\)1\) CD CD co ~~~ 1\)1\) r\:)r\:)-.-. Co) Co) co I\)I\)~ (l)S1' (l)U1Co)I\) Co) I\) co..~7' - ,- GC 0 A 0 E 0 0 RSF-1 0 0 RSF.2 0 0 RSF-3 0 0 RSF-4 0 0 RSF-S 0 0 RSF-6 0 0 RMF-6 0 0 RMF-12 "tl III 'i 0 0 RMF-16 is 0 0 0 2- RT .... 0 > ..., VR 0> 0 MH TTRVC 0 Co1 0 Co2 0 0 0 C-3 0 0 C-4 00 C-5 0 0 I BP CON 0 0 p 0 CF FMO ABO 0 MSO BDMU BDMU-W BDMU-R-1 BDMU-R-2 BDMU-R-3 GZO c; 'V ~-o'V 'V 'V -0 1-0-0 I -0 0 [~~ z ~zz >0 en ~, ~' ~, 0 f ili' CD CD ~ e:: e:: ~. e:: e:: II II a e:: 2: [~ ii iil ~iil iil e:: II) 3 ~ ~ 11)0 ..2: CIl CD~ III 0 :g al ... ~ 8 <C ~ ~' 'Q' 5' III 00 ~ iil II) III Q. :ii lQ ~ o~ 0 iil ., ... entg CIlQ. 8'3 el iI: 3;;;- ::I g Q. ~ 11)1 2' Q. _II) I:::l' 0 II) CD iii' ~ iii'1n 0 aal g- g[ -, III liS' ~~ !!. en 3 05' ~ ~ ~ 'c: III 'i~ ~ iil [ CD ~ CD III ~ ' Q.~ en CD fi[ ~ '2. ~ ~'~ CIl iil ~ e::- ~ en e:: - CD e:: ~ ~ < 0 CIl en CD ::to ~ CD CD II) en ID 8. -0 c: aj. ::I .g~ !!. g Q. ~ g Q. en 3 CD ~ CD iil < ::1. CIl en .g 3 i~ ~~ ..., ~ ~.~ Cl:l UI SIC Code CD ~ g ~ a i .... .... I\) 3 GC :::l' en > > iDO 0 0 A > 0 E > 0 RSF-1 > 0 RSF-2 > 0 RSF-3 > 0 RSF-4 > 0 RSF-S > 0 RSF-6 > 0 RMF-6 > 0 RMF-12 "tl ri > 0 RMF-16 iB 0 > > 0 a AT I ai > 0 VR > MH TTRVC 0 c-, > C-2 c-3 C-4 c-s 0 0 0 0 I SP C;O CON (') P 0 '. CF FMO ABO n MSO BDMU BDMU-W BDMU-R-' BDMU-R-2 BDMU-R-3 .. GZO --...- -- CIJ CIJ :IJ:IJ :IJ tl :IJ :c JJ :c :c JJ JJ "tl "tl "tI >0 I>> II) e:: CIl CD lD CD i, CD ~ CD CIl a a ~, II II 1 ~ CT- en en en ~ 0 0 < .... CT !!!, iD 0 5: II) e:: iil iil en en III III 0 ~ CIl- e:: CD ~ en ~ ~ lD 00 ... en e:: e:: n ... CD !. III ~ ~ o~ Iii II)~ iil iil a 0 iii' CIl ... a ~ 6' 6' 3lg, iii' ai ~ a ii en ~ ~ en en ~ ~ en -, ~ .; 1ii 0 :C' !!. !!. 1ii -:::: Q. 00 ~ c: CIl CD II) ~r ~ 3 0 iii' 3 en iil 3 en Pi' 3 <a III Iii Cii" ;; <a < CD 5i 0 CIl III c:~ ! ~ en CD en ~ ~ p ~ 21. f> III ~ ~ en en "tiCii' I>> CD 0' i' (I) CD ii)en Q '!i!. al iil CD ai' en en en en II) I>> 5- ala en 0 ~ ~~ UI UI 2l ~ SIC Code CD CD co .... .... co UI I\) I\) Co) Co) 0 > > > 0 GC 0 > 0....> 0 A > E o~ RSF-1 o~ RSF-2 o~ RSF-3 o~ RSF-4 o~ RSF.5 o~ RSF-6 o~ RMF-6 > RMF-12 i > RMF-16 g > > 2- AT - > ..., 0....> VR 0> 0 MH > TTRVC Co1 Co2 0 C.3 0 C-4 0 Co5 0 > 0 I > BP CON 0 .. 0 > 0 P CF FMO ABO MSO BDMU BDMU-W BDMU-R-1 BDMU-R.2 BDMU-R.3 GZO Ul Ul oUl Ul ~Ul8' Ul Ul Ul Ul Ul Ul Ul >0 0 ~, 0- ~ g g iii' CD 0 0 0 ~ 0 l!~ ~ ~ ~ ~ II II ~ 3 o ~ ![ ![ ~ 8 8 8 III 0 ~ 3 Q1.!D !. (';' go CDSl en III ~ CD Iii Iii Iii i!f CD ~ 0 (I) en CD [ . g CIl5- CIl 'Q~ ~ 2l.~ :< en ::I, < -g, en -, ~ ~ lD 2 CIl g ~ ~ en e. 8.~ 1';' 00 0 ~ 5lii1 ~ ~ 2: ~ 0' CD a 12- I>> Ii!" II) en CD lD 1';' en Iii 5' 6' 6' III en 5' e::~ CIl 3 ~ ~ ~ 0 en en Q. g en en !!. ~ 1ii !!. j, lDCIl !!l CD 0 a 0 ... c- Q. II) 0 lr ff 3 2' III 1il g- lD ~ Co) Co) Co) Co) Co) Co) Co) Co) ~CD CD I\) ;~ SIC Code I\:)~~~~~~~ ~ (l) g ~7':--:"":""!D:-~ ~ .... GC 0 0 0 A > 0 0 E 0 RSF-1 0 RSF-2 0 RSF-3 0 RSF-4 0 RSF-S 0 RSF-6 0 RMF-6 0 RMF-12 "tl III 'i 0 RMF.16 ~ 2- > AT .... > ..., 0 0 VR 0> > 0 MH TTRVC 0 0 Co1 0 C-2 0 0 0 C-3 0 C-4 0 C-S 0 0 0 I BP 0 CON 0 P 0 CF FMO ABO MSO BDMU BDMU-W BDMU-R-1 BDMU-R-2 BDMU-R-3 GZO 0> N - N -< ~:E 'g:E ~ -I -I -I >0 '0 Iii :xl 0-1 8 Il) o~ iil CIl CD II " '80111 2,~ 0 aQ. 8.~ CD ~ ~, ~ ~ CD :r ... en ~ III 0 ~'i5: lCO e:: CIl en CD 5' m- iD iir 00 0 iil en en o ~ ~3~ Q.< 2' CT!!. III III ... 3 Pi' CIlQ. ![~ Cii' :3, en en.. CT iD~ Il) ~ ~ ~~. ![ ~,Ill 'giil iil ~ g 13 g' ~-'Z S'< en" 6' a ai' Il) CIl 2: CD 'Q. 0Q. Q. 0 ~ Q. en e::~ o CIl _, -I iir Q.CIl lD =: en c: '0 -,lC g-9: en I I cr 0 en en CIl~~ Q. lD 1ii CIl lD a:yg enS lD en e:: ~lD3- oil) iil OO~ < iil CT !.~ CIl ~ Cii' 2'No ~sa ~go '< -, 0-'3 Q.~ nUl UIU1 UI ~~ SIC Code 5-cE 3 iir Q. .., UIU1U1U1 ~ I\)~~~~ -e:: eo c:::;~mm 0000 ~ ~eo(l)cnCo) ~Q.lD ~, Q. eo (00101.... en Cir n ~!. .., !V ~... !D ,!') Co)!'J:"!J' I\) !J1!D "':'" ..... So 9'. a)" Q)!l= iF 5' CT _, en mg. GC c:en~ Q. -' !!!,~ sa en 5"- 0 0 A ill '< 5' :f~ ~g.a iir (I) Il) ~ c: -~ E ~~i' Il)~ ~8P. 2:lD (I) ... RSF-1 iil 3 e: Il) lD 'O3:::l' ar:f OlD ;a~ Il)'< RSF-2 = III -<~~ oiil Bllii~ ~Q. RSF-3 cn(1):::;: gg: go~ CIl _, enlC ~; ~ "O~ RSF-4 lD 0 !. a ~ 00 ~::!, -,lD ~ lD o~ RSF-S _,en ~ Ill- -en =lD ~-, ,<Q. 1ll0e:: S~"O = III RSF-6 Il)Il) ~a s: ;- g: ~CIl~ Q.Q. RMF-6 lX ~,!II c:0 en ~ 00 III 0 olD !II- RMF-12 ~~ 0 "tl Q.~ ~ III ~ (';' Il) 'i ~ lD~ lC RMF-16 .... Q. iii' CIl !13 5'8 :f 2- \I) 3 CD 0 RT ~i e:: .... ~ Oi Q. VR ~~ lD :1. (1)- 'S, MH ' CD ~ 5' lC ~ c: TTRVC Il) en ~ lD 0 Cil !II C-1 I: ~ Co2 ~ :1. :f III C-3 '< CD Q. iii' iii' C-4 ! [ 0 c-s e:: !" en ! 0 0 0 I CD en ~' CIl :f BP 2' CD ... Q. iF CON 5' lC CD :f Q. P 0 ~ en CD lD Cil 0 CF :f 5' !. 0 FMO lD ... )( ~ 0 ~ ABO 2' en !!. <:' 6' MSO CD ~ -< en g. BDMU (I) CD ~ c: BDMU-W (I) en :f III en BDMU-R-1 III 5' Il) Q. :f BDMU-R-2 3 CD 5' c: BDMU-R-3 !: ~ Q. iil CD GZO :1. <:' 'S, CD ~ III lC '" 2.05.00 DENSITY STANDARDS 2.05.01 DENSITY Standards and Housing Types A. Where residential uses are allowable, the following DENSITY standards and housing type criteria shall apply. Housing Type: - " >- CD '" ~I I c 0 "i 'E CD ~ E ::)= III 0 ::::I .. CIII P! 5~ 1 ::::I 'E ::J: 0 Ja- CIII 0 .. ::c s! .c - >C .c == .! S I CD c -; III Density "& Q. it .. :s III CD p! E CD a' Zoning District: c ::::I ~ "5 0 ::::I ::::I CIII ::::I E CD (units per gross CiS Q ::IE ::E (j CJ uS ;:: a: acre) GC Two A ./ S ./ 1/5 acres E ./ ./ 1/2~ acres RSF-1 ./ ./ ./ 1/0.a. RSF-2 ./ ./ ./ 21a.a. RSF-3 ./ ./ ./ 3/0.a. RSF-4 ./ ./ ./ 4/a.a. I RSF-5 ./ ./ ./ 5/0.a. , RSF-6 ./ ./ ./ 6/a.a. RMF-6 ./ ./ ./ ./ ./ DRS UD to 6/0.a. RMF-12 S ./ ./ DRS UP to 1210.a. RMF-16 ./ ./ DRS UD to 16/0.a. RT' ./ ./ 161acre within activity center ./ ./ ./ DRS UD to 16/0.a. VR ./ ./ ./ DRS UD to 7.26/0.a. ./ ./ DRS UP to 8.71/0.a. ./ ./ DRS UD to 14.5210.a. MH<l ./ One ./ DRS UP to 7.26/0.a. TTRVC One ./ 121acre C-1 One C-2 One C-3 One C-4 One C-5 One I One BP One CON ./ 1/5 acres 1/3 acres Bio Cypress BMUD S S 121acre R-1 ./ ./ ./ ./ R-2 ./ ./ ./ ./ GZO Per underlvino zonina district VB-RT ./ ./ 1./ Legend: S = permitted subject to supplemental standards g.a. = gross acre 20 RECREATIONAL VEHICLES include travel trailers, park models, pickup coaches, and motor homes Page 163 of 176 --, --,~........ ~,.- - OSF = density rating system . 1 RECREATIONAL VEHICLES include travel trailers, park models, pickup coaches, and motor homes. 2 In the MH district, modular homes are allowable. 3 A maximum of twenty-six (26) units per acre for HOTELS and MOTELS, and sixteen (16) units per acre for timeshares and multifamily uses when located within an activity center or if the AT zoning was in existence at the time of adoption of this LOC. For properties located outside an activity center or if the RT zoning was not in existence at the time of adoption of this LOC, DENSITY shall be determined through application of the DENSITY rating system, up to a maximum of sixteen (16) units per acre. The calculation of DENSITY shall be based on the land area defined by a LOT(s) of record. B. Acreage associated with historical/archaeological resources preserved within the boundaries of a project shall be included in calculating the project1s permitted DENSITY. 2.05.02 DENSITY BLENDING A. PURPOSE. In order to encourage unified plans of DEVELOPMENT and to preserve WETLANDS, wildlife habitat, and other natural features that exist within properties that straddle the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in existence and either owned or under contract for purchase by the APPLICANT as of June 19, 2002, or the Urban and Rural Designation as provided for in the Immokalee Area Master Plan, the allowable gross DENSITY in aggregate (and intensity in the case of those lands identified as eligible in the Immokalee Area Master Plan) may be distributed throughout the project, regardless of whether or not the DENSITY or intensity allowable for a portion of the project exceeds that which is otherwise permitted by the Future Land Use Element or Immokalee Area Master Plan as the case may be, subject to the conditions and limitations set forth in section 2.05.02 (B) below. B. CONDITIONS AND LIMITATIONS. 1. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL LANDS. DENSITY BLENDING between properties straddling either the Urban Residential Subdistrict or Urban Residential Fringe Subdistrict and either Neutral or Receiving Lands within the RFMU DISTRICT is permitted, subject to all of the following conditions and limitations: a. The project straddles either the Urban Residential Sub- District or Urban Residential Fringe Sub-District and either the RFMU DISTRICT Neutral or Receiving Lands.. b. The project in aggregate is at least 80 acres in size. Page 164 of 176 c. At least 25% of the project is located within the Urban Mixed Use District. d. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless interim provisions for sewer and water are authorized by Collier County. e. The project is currently zoned or will be rezoned to a PUD. f. DENSITY to be shifted to the RFMU DISTRICT from the Urban Residential Sub-District is to be located on impacted lands, or the DEVELOPMENT on the site is to be located so as to preserve and protect the highest quality NATIVE VEGETATION and/or habitat on-site and to maximize the connectivity of such NATIVE VEGETATION and/or habitat with ADJACENT preservation and/or habitat areas. g. The entire project shall meet the applicable preservation standards of the RFMU DISTRICT as set forth in Chapter 4. These preservation requirements shall be calculated based upon, and apply to, the total project area. 2. PROPERTIES STRADDLING RFMU SENDING LANDS. DENSITY BLENDING between properties straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU DISTRICT is permitted subject to all of the following conditions and limitations: a. The project straddles the Urban Residential Fringe Sub- District and the RFMU DISTRICT Sending Lands. b. The project in aggregate is at least 400 acres. c. At least 25% of the project is located within the Urban Residential Fringe Sub-District. d. The project must extend central water and sewer (from the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; and e. The Project is currently zoned or will be zoned PUD. f. The DENSITY to be shifted to the RFMU DISTRICT Sending Lands shall be located on impacted or disturbed lands, or shall be Page 165 of 176 -."-- located so as to preserve and protect the highest quality NATIVE VEGETATION and/or habitat with ADJACENT preservation and/or habitat areas. g. NATIVE VEGETATION shall be preserved as follows: i. As identified in Chapter 4 in those portions of the Project to be located in the Urban Residential Fringe Subdistrict. ii. In those portions of the Project to be located in the RFMU DISTRICT Sending Lands, the NATIVE VEGETATION preservation requirement shall be 90% of the NATIVE VEGETATION, not to exceed 60% of the area of the Project designated as RFMU DISTRICT Sending Lands. iii. Where wetland areas are impacted through the DEVELOPMENT process, but resulting WETLANDS functions, including functions relating to habitat and FLOWW A YS, are enhanced, such wetland areas shall be credited toward satisfaction of the NATIVE VEGETATION preservation requirements and shall not be considered impacted. These wetland areas may be used for water storage provided that the water discharged in these areas is pre-treated. h. Permitted uses for DENSITY BLENDING under this provision include residential DEVELOPMENT and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying zoning district(s). 3. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT. DENSITY and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: a. The project in aggregate must be a minimum of 200 acres in size. b. The lands from which DENSITY and/or, blending are shifted must be within the Immokalee Urban Area must be designated RecreationalfT ou rist District. Page 166 of 176 c. The lands within the Immokalee Urban Area from which DENSITY and/or intensity are shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. d. DENSITY and/or intensity may only be shifted from the lands within the Immokalee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands within an SRA having an Index Value of 1.2 or less. e. Lands from which the DENSITY and/or intensity has been shifted, shall be placed in a conservation EASEMENT in perpetuity. 2.06.00 AFFORDABLE HOUSING DENSITY Bonus 2.06.01 Generally A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base DENSITY of four (4) residential DWELLING UNITS per gross acre is permitted. However, the base DENSITY may be adjusted depending on the characteristics of the DEVELOPMENT . One characteristic of a housing DEVELOPMENT which would allow the addition of DENSITY bonuses in order to increase the DENSITY over the base DENSITY is the provision of AFFORDABLE HOUSING in the DEVELOPMENT . The provision of AFFORDABLE HOUSING units may add up to eight (8) DWELLING UNITS per gross acre to the base DENSITY of four (4) residential DWELLING UNITS per gross acre, for a total of twelve (12) residential DWELLING UNITS per gross acre, plus any other DENSITY bonuses available, and minus any DENSITY reduction for traffic congestion area required, pursuant to the Collier County GMP. The total eligible DENSITY must not exceed a total of sixteen (16) DWELLING UNITS per gross acre, except as allowed through use of transfer of DEVELOPMENT rights, as provided for in the growth management plan. The program to accomplish this increase to provide AFFORDABLE HOUSING is called the AFFORDABLE HOUSING DENSITY Bonus (ADHB) program. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential DWELLING UNITS per gross acre. However, the base DENSITY may be adjusted depending on the characteristics of the DEVELOPMENT. One characteristic of a housing DEVELOPMENT that would allow the addition of DENSITY bonuses is the provision of AFFORDABLE HOUSING in the DEVELOPMENT. The provision of AFFORDABLE HOUSING units may add up to eight DWELLING UNITS per gross acre to the base DENSITY of four, six or eight residential DWELLING UNITS per gross acre, for a total of twelve, fourteen or sixteen Page 167 of 176 -,,------...--..-.-..--.---" . - ._---_.~-- - residential DWELLING UNITS per gross acre, plus any other DENSITY bonuses available. The total eligible DENSITY must not exceed a total of 16 DWELLING UNITS per gross acre. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural DEVELOPMENT s are allowed at a DENSITY range of one-half to four DWELLING UNITS per gross acre. The allowed DENSITY may be adjusted depending on the characteristics of the DEVELOPMENT. One characteristic of a housing DEVELOPMENT that would allow the addition of DENSITY bonuses is the provision of AFFORDABLE HOUSING in the DEVELOPMENT. The provision of AFFORDABLE HOUSING units may add up to eight DWELLING UNITS per gross acre to the allowed DENSITY of one-half to four DWELLING UNITS per gross acre, for a total of eight and one-half to twelve and one-half residential DWELLING UNITS per gross acre, plus any other DENSITY bonuses available. B. In order to qualify for the AHDB for a DEVELOPMENT, the developer must apply for and obtain the AHDB from the County for a DEVELOPMENT in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. 1. Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or his designee. If the proposed DEVELOPMENT is to include AFFORDABLE HOUSING, the housing and urban improvement director must participate in the preapplication conference. The preapplication conference provides an opportunity to familiarize the APPLICANT with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed DEVELOPMENT. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the APPLICANT. Depending on the type of DEVELOPMENT proposed, the application may be combined with an application for a planned unit DEVELOPMENT (PUD), a rezone, or a Stewardship Receiving Area. 2. Application. An application for AHDB for a DEVELOPMENT must be submitted to the County Manager or his designee in the form established by the County Manager or his designee. One additional copy of the application as otherwise required must be Page 168 of 176 provided for the housing and urban improvement director. The application must, at a minimum, include: a. Zoning districts proposed by the APPLICANT on the property and acreage of each; b. The total number of residential DWELLING UNITS in the proposed DEVELOPMENT, categorized by number of bedrooms and whether the unit is to be rented or owner- occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of AFFORDABLE HOUSING units proposed in the DEVELOPMENT categorized by level of income, number of bedrooms, and rental units and owner- occupied units: i. Moderate income households (one bedroom, two bedrooms, or three bedrooms or more). ii. Low income households (one bedroom, two bedrooms, or three bedrooms or more). iii. Very low income households (one bedroom, two bedrooms, or three bedrooms or more). iv. Total AFFORDABLE HOUSING units (one bedroom, two bedrooms, or three bedrooms or more). e. Gross DENSITY of the proposed DEVELOPMENT; f. Whether the AHDB is requested in conjunction with an application for a planned unit DEVELOPMENT (PUD), an application for rezoning, or an application for a Stewardship Receiving Area; and g. Any other information which would reasonably be needed to address the request for AHDB for the DEVELOPMENT pursuant to the requirements set forth in this section. 3. Determination of completeness. After receipt of an application for AHDB, the housing and urban improvement director shall Page 169 of 176 ._,,-.-.- determine whether the application submitted is complete. If he determines that the application is not complete, the housing and urban improvement director shall notify the APPLICANT in writing of the deficiencies. The housing and urban improvement director shall take no further steps to process the application until the deficiencies have been remedied. 4. Review and recommendation by the housing and urban improvement director. Atter receipt of a completed application for AHDB, the housing and urban improvement director must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division. The housing and urban improvement director must coordinate with the DEVELOPMENT services director to schedule the AHDB application with the companion application for rezoning, planned unit DEVELOPMENT or stewardship receiving area, and must recommend to the planning commission and the board of county commissioners to deny, grant, or grant with conditions, the AHDB application. The recommendation of the housing and urban improvement director must include a report in support of his recommendation. , 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the housing and urban improvement director, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the planning commission must review and evaluate the application Page 170 of 176 in light of the requirements of this division and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and must recommend to the board of county commissioners that the application be denied, granted or granted with conditions. 6. Review and determination by board of county commissioners. Upon receipt by the bo~rd of county commissioners of the application for AHDB and the written recommendation and report of the housing and urban improvement director and recommendation of the planning commission, the board of county commissioners must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit DEVELOPMENT (PUD), then the hearing must be consolidated and made a part of the public hearing on the application for the planned unit DEVELOPMENT (PUD) before the board of county commissioners, and the board of county commissioners must consider the application for AHDB in conjunction with the application for the planned unit DEVELOPMENT (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the board of county commissioners, and the board of county commissioners must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the board of county commissioners, and the board of county commissioners must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the board of county commissioners must review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. C. The procedures to request approval of a DENSITY bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. 2.06.02. Purpose and Intent A. Section 2.06.00 is intended to implement and be consistent with the GMP,. ~ 163.3161 et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Page 171 of 176 ..~_., Settlement Agreement in DOAH Case No. 89-1299 GM, by providing for moderate, low, and very low income housing through the use of DENSITY bonuses which allow an increase in the number of residential DWELLING UNITS per acre allowed on property proposed for DEVELOPMENT, thereby decreasing the per unit cost of land and DEVELOPMENT. B. This objective is accomplished by implementing an AHDB program which consists of an AHDB rating system and an AHDB monitoring program. The purpose of the AHDB rating system is to provide increased residential densities to developers who guarantee that a portion of their housing DEVELOPMENT will be affordable by households of moderate, low, or very low income, thus expanding housing opportunities for moderate, low, and very low income households throughout the County. The purpose of the AHDB monitoring program is to provide assurance that the program is properly implemented, monitored, and enforced, and that useful information on AFFORDABLE HOUSING may be collected. 2.06.03 AHDB Rating System I A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a DEVELOPMENT, based on household income level, number of bedrooms per AFFORDABLE HOUSING unit, type of AFFORDABLE HOUSING units (owner- occupied or rental, single-family or multi-family, and percentage of AFFORDABLE HOUSING units in the DEVELOPMENT. To use the AHDB rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. 1. First, choose the household income level (moderate, low, or very low) of the AFFORDABLE HOUSING unit(s) proposed in the DEVELOPMENT, and the type of AFFORDABLE HOUSING units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the AFFORDABLE HOUSING unit(s). An AHDB rating based on the household income level and the number of bedrooms is shown in Table A. Table A. Number of Bedrooms/Unit Level of Household Efficiency and 1 12 13 or More Income Page 172 of 176 Moderate (only 0 1* 1* owner-occupied, sin le-famil Low (owner-occupied 2 3 4 or rental, single- famil or multi-famil Very low (owner- 3 4 5 occupied or rental, single-family or multi- famil '.. *For cluster housing DEVELOPMENT s in the urban coastal fringe, add one (1) DENSITY bonus to obtain two (2). 2. After the AHDB rating has been determined in Table A, locate it in Table B, and determine the percentage of that type of AFFORDABLE HOUSING unit proposed in the DEVELOPMENT compared to the total number of DWELLING UNITS in the DEVELOPMENT. From this determination, Table B will indicate the maximum number of residential DWELLING UNITS per gross acre that may be added to the base DENSITY. These additional residential DWELLING UNITS per gross acre are the maximum AHDB available to that DEVELOPMENT. DEVELOPMENTS1 with percentages of AFFORDABLE HOUSING units which fall in between the percentages shown on Table B shall receive an AHDB equal to the lower of the two (2) percentages it lies between, plus one-tenth (1/10) of a residential DWELLING UNIT per gross acre for each additional percentage of AFFORDABLE HOUSING rental units in the DEVELOPMENT. For example, a DEVELOPMENT which has twenty-four (24) percent of its total residential DWELLING UNITS as AFFORDABLE HOUSING units, and which has an AHDB rating of "4" will receive an AHDB of 4.4 residential DWELLING UNITS per gross acre for the DEVELOPMENT. Table B. (Additional available DWELLING UNITS per Qross acre) % of Affordable HousinQ Units AHDB Rating 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 3. Where more than one (1) type of AFFORDABLE HOUSING unit (based on level of income and number of bedrooms shown in Table A) is proposed for a DEVELOPMENT, the AHDB for each type shall be calculated separately in Table B. After the AHDB calculations for each type of AFFORDABLE HOUSING unit have been completed in Table B, the AHDB for each type of unit shall be Page 173 of 176 "-" added to those for the other type(s) to determine the maximum AHDB available for the DEVELOPMENT. In no event shall the AHDB exceed eight (8) DWELLING UNITS per gross acre. B. The AHDB shall be available to a DEVELOPMENT only to the extent that it otherwise complies and is consistent with the GMP and the land DEVELOPMENT regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where applicable. C. The minimum number of AFFORDABLE HOUSING units that shall be provided in a DEVELOPMENT pursuant to this section shall be ten (10) AFFORDABLE HOUSING units. Page 174 of 176 2.07.00 Table of Setbacks for Base Zoning Districts. Zoning Minimum Front Minimum Side Yard (feet) Minimum Rear Yard Public District Yard (feet) (feet) School Require- ments GC None None None A 50 30 50 X E 75 30 75 X RSF-1 50 30 50 X RSF-2 40 20 30 X Waterfront Non- RSF-3 30 waterfront 7.5 25 X 10 , RSF-4 25 10 7.5 25 X RSF-5 25 10 7.5 20 X RSF-6 25 10 7.5 20 X RMF-6 S.F. 25 NA 7.5 20 I Duplex 25 NA 10 20 X 3 + units 30 NA 15 20 RMF-12 30 A 30 X RMF-16 B A B X RT B A B X Waterfront Non- waterfront VR S.F. IMH 20 10 5 20 X Duplex 35 15 15 30 M.F. 35 15 15 30 Waterfront Non- MH1 25 10 waterfront 10 X 7.5 Waterfront Non- TTRVC2 30 10 5 waterfront 10 8 1 MH District - additional YARD requirements: side YARD SETBACK from a public road that is external to the boundary of the park = 50 ft.; the minimum SETBACK on any side from the exterior boundary of the park = 15ft, 2 ITRVC District - additional YARD requirements: SETBACK from exterior boundary of park = 50 ft.; SETBACK from an external STREET = 50 ft., SETBACK from an internal STREET = 25 ft.; SETBACK from any building or other STRUCTURE = 10 ft. Page 175 of 176 ~",.. -~'._. Zoning Minimum Front Minimum Side Yard (feet) Minimum Rear Yard Public District Yard (feet) (feet) School Require- ments Residential Non- Residential Non- C-1 25 25 residential 25 residential X 15 15 C-2 25 25 15 25 15 X C-3;' C 25 A 25 A X C-44 D 25 A 25 A X C-5" 25 25 15 25 A X 14 25 50 E 50 15 X BP 50 50 10 50 25 CON 50 50 50 P F F F X Residential Non- Residential Non- CF 25 residential residential X 25 15 25 15 Overlay See table of special design requirements applicable to overlay districts, Districts A = 50% of the building height, but not less than 15 feet. B = 50% of the building height, but not less than 30 feet. C = 50% of the building height, but not less than 25 feet. D = 50% of the building height, but not less than 25 feet. STRUCTURES 50 feet or more in height = 25 feet plus one additional foot of SETBACK for each foot of building height over 50 feet. E = the total of all side YARD SETBACKS shall equal 20% of the LOT width, with a maximum of 50 feet. No side YARD shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of DEVELOPMENT involving one or more LOTS under common ownership where the YARD requirements are met for the unified site but not necessarily for each PARCEL within the unified site. F = the YARD requirements shall be equal to the most restrictive adjoining district. X = for PRINCIPAL STRUCTURES: 50 feet from all property lines; for accessory STRUCTURES: 25 feet from all property lines, 3 C-3 District - minimum SETBACK on any side that is waterfront = 25 ft,; SETBAC~ for MARINAS = none. 4 C-4 and C-5 Districts - minimum SETBACK on any side that is waterfront = 25 ft,; SETBACK for MARINAS = none; SETBACK on any side ADJACENT to a railroad RIGHT-OF-WAY = none Page 176 of 176 r ~r ~~~ x, Y'? ~ ~~ ~ . : ~ ~'~~"~J~" f'~~~~:~~~~~P: : (~'=1jJ ~ ~ ~Y'~~"~" " 'c ~ - - ~- , ~ , ~, ~ -! ~ , " J:~, " W:'l ~ , b~, .',J,~,;~;,;~:L'~~ :",~:::1 ,1~l ]I '1 <<-0 ~ < ~ ,~", , " 3.01.00 GENERALLY 3.02.00 FLOODPLAIN PROTECTION '.. 3.02.01 Findings of Fact 3.02.02 Purpose 3.02.03 Applicability 3.02.04 Exemptions 3.02.05 Basis for Establishing the Areas of Special Flood Hazard 3.02.06 General Standards for Flood Hazard Reduction 3.02.07 Specific Standards for Construction Within Coastal High Hazard Areas 3.02.08 Regulations Within the Floodways \ 3.02.09 Regulations for Mobile Homes and Recreational Vehicles 3.02.10 Standards for Subdivision Plats 3.03.00 COASTAL ZONE MANAGEMENT 3.03.01 Generally 3.03.02 Applicability 3.03.03 Priority for Location of Structures, Development, or Site Alterations 3.03.04 Procedures 3.03.05 Sea Level Rise 3.03.06 Native Vegetation Retention on Coastal Barriers 3.03.07 Undeveloped Coastal Barriers 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES 3.04.01 Generally 3.04.02 Species Specific Requirements 3.04.03 Penalties for Violation: Resort to Other Remedies 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION 3.05.01 Generally ..+-- .--- 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.03 Procedures 3.05.04 Vegetation Removal and Protection Standards 3.05.05 Criteria for Removal of Protected Vegation 3.05.06 Management Plan Required 3.05.07 Preservation Standards 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation 3.05.09 Designation of Specimen Tree 3.05.10 Littoral Shelf Planting Area (LSPA) 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION 3.06.01 Purpose and Intent 3.06.02 Protected Public Water Supply Wellfields 3.06.03 Description and Basis of Wellfield Risk Management Special Treatment Overlay Zones 3.06.04 Groundwater Protection 3.06.05 Annual Review of Zones 3.06.06 Regulated Wellfields 3.06.07 Unregulated Wellfields 3.06.08 Determination of Location Within Wellfield Risk Management Zones 3.06.09 Protection of Future Wellfields 3.06.10 Effect of Setbacks and Buffers from Sanitary Hazards as Promulgated and Adopted in the Florida Administrative Code 3.06.11 Exempted Development 3.06.12 Regulated Development 3.06.13 Countywide Groundwater Protection Standards CHAPTER 3 - RESOURCE PROTECTION 3.01.00 GENERALLY [Reserved] 3.02.00 FLOODPLAIN PROTECTION 3.02.01 Findings of Fact A. The FLOOD hazard areas of the County are subject to periodic inundation, which could result in loss of life, property damage, health, and safety hazards, disruption of commerce and govemmental services, extraordinary public expenditures for FLOOD protection and relief, and impairment of the tax base, all of which could adversely affect the public health, safety, and general welfare. B. These FLOOD losses are caused by the cumulative effect of obstructions in FLOOD PLAINS causing increases in FLOOD heights and velocities, and by the occupancy in FLOOD hazard areas by STRUCTURES vulnerable to FLOODS or hazardous to the lands which are inadequately elevated, floodproofed, or otherwise inadequately protected from FLOOD damages. 3.02.02 Purpose It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to FLOOD conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly and environmentally unsound FLOOD control projects; C. To minimize the need for rescue and relief efforts associated with FLOODING and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, STREETS, and bridges located in AREAS OF SPECIAL FLOOD HAZARD; F. To help maintain a stable tax base by providing for the sound use and DEVELOPMENT of FLOOD PRONE AREAS in such a manner as to minimize future FLOOD blight areas; G. To ensure, to the greatest degree possible, that potential home buyers are notified that property is in an AREA OF SPECIAL FLOOD HAZARD; and H. To ensure that those who occupy the AREAS OF SPECIAL FLOOD HAZARD assume responsibilities for their action~. 3.02.03 Applicability This section shall apply to all AREAS OF SPECIAL FLOOD HAZARD in the unincorporated area of the County, and identified by the Federal Page 1 of 80 ---,.~ Insurance Administration in its FLOOD INSURANCE RATE MAP (FIRM), dated June 3, 1986, and any revisions thereto. 3.02.04 Exemptions MOBILE HOMES to be placed in an existing MOBILE HOME PARK shall be exempt from the requirements of this section, provided such MOBILE HOME PARK is not expanded or undergoes SUBSTANTIAL IMPROVEMENT as defined herein. 3.02.05 Basis for Establishing the AREAS OF SPECIAL FLOOD HAZARD The AREAS OF SPECIAL FLOOD HAZARD, are identified by the Federal Insurance Administration, in a scientific and engineering report entitled liThe FLOOD INSURANCE STUDY" for the County's unincorporated area, dated June 3, 1986, with accompanying FIRM, dated June 3, 1986.,. The FLOOD INSURANCE STUDY and accompanying FI RM shall be on file and be open for public inspection in the office of the Clerk to the BCC located in Building lip, Collier County Courthouse, 3301 Tamiami Trail, East, Naples, Florida 33962. 3.02.06 General Standards for FLOOD Hazard Reduction In all AREAS OF SPECIAL FLOOD HAZARDS, the following provisions are required: A. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall be anchored to prevent flotation, collapse, or lateral movement of the STRUCTURE. B. NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS in the A Zones may be built on unconstrained, but compacted, fill, if in compliance with the Collier County Building Code Ordinance. No significant water is permitted to flow from the subject premises onto ABUTTING properties or into adjoining waters which are not County- approved drainage system(s). C. Residential Construction - new construction or SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST FLOOR elevated to or above the BASE FLOOD ELEVATION. D. Non-residential Construction - new construction and SUBSTANTIAL IMPROVEMENTS of non-residential STRUCTURES shall have the LOWEST FLOOR (including basement) elevated to or above the BASE FLOOD level or, together with the attendant utility and sanitary facilities, be designed so that, below the BASE FLOOD level, the STRUCTURE is essentially waterproofed with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Floodproofing is prohibited in the velocity (V) zones. The property owners shall provide a certification by a registered professional engineer or registered professional architect that the design standards of this section are satisfied. Page 2 of 80 E. All new construction and SUBSTANTIAL IMPROVEMENTS shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of FLOODING. F. All new construction or SUBSTANTIAL IMPROVEMENTS shall be constructed by methods and practices that will minimize FLOOD damage. G. Openings - all new construction and SUBSTANTIAL IMPROVEMENTS with fully enclosed areas below the LOWEST FLOOR that are subject to FLOODING shall be designed to automatically equalize hydrostatic FLOOD forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to FLOODING shall be provided. The bottom of all openings shall be no higher than one (1) foot above the level of the floor they are to service. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. H. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. I. New and replacement sanitary SEW AGE SYSTEMS shall be designed to minimize or eliminate inflow of flood waters into the systems and discharges from the systems into FLOOD waters. J. On-site waste disposal systems (including septic tanks) shall be designed and/or located to minimize or eliminate impairment to, or contamination from, them during FLOODING. K. Emergency generators for standpipe systems, in accordance with the requirements of the Collier County Building Code or other applicable County Ordinances, must be located above the BASE FLOOD ELEVATION level, and all fuel tanks for said generators must be waterproofed and vented above the BASE FLOOD ELEVATION level. L. Electrical transformer and/or switching vaults, pad-mounted transformers, pad-mounted switches, and related facilities shall be permitted as independent units below the minimum FLOOD elevation level. Such STRUCTURES may be located within or outside a BUILDING, and are not required to be waterproofed or constructed with BREAKAWAY WALLS, provided registered professional engineer or registered professional architect certifies that they will not adversely affect the structural integrity of the BUILDING in which they are located or any part thereof. M. All meter enclosures for self-contained electric kilowatt-hour meters serving BUILDINGS shall be located above the BASE FLOOD Page 3 of 80 ---- ,._--. ELEVATION. If complying with this regulation results in a vertical distance from finished GRADE to the center of the meter or meters of more than six (6) feet, the meter enclosure shall be located on the outside of an exterior wall with an unobstructed and ready ACCESS from an open exterior stairway. When it is necessary to use a stairway for ACCESS to a meter, the vertical distance from the tread of the stairway to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a position that will not obstruct stairway traffic. On multi-unit BUILDINGS, meters and meter Enclosures will be allowed within the BUILDING, provided they are above the BASE FLOOD ELEVATION and located in meter rooms. 3.02.07 Specific Standards for Construction Within COASTAL HIGH HAZARD AREAS A. COASTAL HIGH HAZARD AREAS within the AREAS OF SPECIAL FLOOD HAZARD have special FLOOD hazards associated with high velocity waters from tidal surge and hurricane wave wash. Therefore, the following provisions shall apply: 1. All new construction and SUBSTANTIAL IMPROVEMENTS in the COASTAL HIGH HAZARD AREA shall be elevated on pilings and columns so that the bottom of the lowest horizontal structural member of the LOWEST FLOOR (excluding the pilings or columns) is elevated to or above the BASE FLOOD level; and the pile or column foundation and STRUCTURE attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all BUILDING components. Wind and water loading values shall each have a one (1) percent chance of being equaled or exceeded in any given year (10o-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions this paragraph. 2. All new construction and SUBSTANTIAL IMPROVEMENTS within the COASTAL HIGH HAZARD AREA shall have the space below the LOWEST FLOOR either free of obstruction or constructed with non-supporting BREAKA WAY WALLS, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the BUILDING or supporting foundation system. For the purposes of this section, a BREAKAWAY WALL shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20), pounds per square foot. Use of BREAKAWAY WALLS which exceed a design safe loading Page 4 of 80 resistance of twenty (20) pounds per square foot (either by design or when so required by local or State Codes) may be permitted only if a registered professional engineer or architect certifies that the design proposed meets the following conditions: a. BREAKAWAY WALL collapse shall result from a water load less than that which could occur during the BASE FLOOD; and b. The elevated portion of the BUILDING and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind on BUILDING components (structural and non- structural). Maximum wind and water loading values to be used in this determination shall each have one (1) percent chance of being equaled or exceeded in any given year (1 ao-year mean recurrence interval). Such enclosed space shall be usable solely for parking of vehicles, BUILDING ACCESS, or storage. 3. All swimming pools within the COASTAL HIGH HAZARD AREA shall be anchored to a pile or column foundation to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on the pool. Exception: above-ground pools, for the private use of one- or two-family DWELLINGS that are constructed with a vinyl liner as the main component. 4. It is prohibited to use fill for structural support of BUILDINGS within the COASTAL HIGH HAZARD AREA. It is prohibited to ALTER sand DUNES and mangrove stands, within the COASTAL HIGH HAZARD AREA, if the County Manager or designee determines that such ALTERATION would increase potential FLOOD damage. 3.02.08 Regulations Within the FLOODW A YS A. When FLOODW A YS are designated within AREAS OF SPECIAL FLOOD HAZARD, additional criteria shall be met. Since the FLOODW A Y is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provision shall apply: 1. Encroachments, including fill, new construction, SUBSTANTIAL IMPROVEMENTS and other DEVELOPMENTS, are prohibited, unless the property owner provides a certification by a professional registered engineer demonstrating that such encroachments shall not result in a significant increase in FLOOD levels during occurrence of the BASE FLOOD discharge. . 3.02.09 Regulations for MOBILE HOMES and RECREATIONAL VEHICLES Page 5 af 80 ~-._- ..-. A. No MOBILE HOME shall be placed in a FLOODW A Y or COASTAL HIGH HAZARD AREA, except in an existing MOBILE HOME PARK or existing MOBILE HOME SUBDIVISION. B. All MOBILE HOMES placed, or SUBSTANTIALLY IMPROVED, on individual LOTS or PARCELS, in expansions to existing MOBILE HOME PARKS or SUBDIVISIONS, must meet all the requirements for new construction, including elevation and anchoring. C. All MOBILE HOMES to be placed, or SUBST ANTI ALL Y IMPROVED, in an existing MOBILE HOME PARK or SUBDIVrSION must be elevated on a permanent foundation such that the LOWEST FLOOR of the MOBILE HOME is at or above the BASE FLOOD ELEVATION, and securely anchored to an adequately anchored foundation system in accordance with the provisions of this LOC. This paragraph applies to: 1. MOBILE HOMES to be placed, or SUBSTANTIALLY IMPROVED, in an existing MOBILE HOME PARK or SUBDIVISION. 2. MOBILE HOMES to be placed, or SUBSTANTIALLY IMPROVED, in an existing MOBILE HOME PARK or SUBDIVISION, except where the repair, reconstruction, or improvement of the STREETS, utilities, and pads equals or exceeds fifty (50) percent of the value of the STREETS, utilities, and pads before the repair, reconstruction, or improvement has commenced. Existing MOBILE HOMES that are SUBSTANTIALLY IMPROVED will require reinforced piers or other foundation elements that are no less than thirty-six (36) inches in height above GRADE, or have their LOWEST FLOOR at or above the BASE FLOOD ELEVATION, if this allows for use of a lower foundation. 3. MOBILE HOMES in existing MOBILE HOME PARKS or SUBDIVISIONS shall be elevated thirty-six (36) inches above finished GRADE on reinforced piers when the repair, reconstruction, or improvement of the STREETS, utilities, and pads equals or exceeds fifty (50) percent of the value of the STREETS, utilities, and pads before the repair, reconstruction, or improvement has commenced. O. All MOBILE HOME PARKS or SUBDIVISIONS must develop, and have approved by the County Manager or designee, a plan for evacuating the residents of existing MOBILE HOME PARKS or SUBDIVISIONS. E. All RECREATIONAL VEHICLES placed on sites within Zones AI-30, AH, and AE on the community's FIRM shall either: 1. Be on the site for fewer than 180 consecutive days; 2. Be fully licensed and ready for highway use; or Page 6 of 80 3. Meet the permit requirements of this section, and the elevation and anchoring requirements for "MOBILE HOMES" in accordance with this section. F. A RECREATIONAL VEHICLE is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 3.02.10 Standards for SUBDIVISION Plats A. All SUBDIVISION plats shall be consistent with the need to minimize FLOOD damage. B. All SUBDIVISION plats shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize FLOOD damage. C. All SUBDIVISION plats shall have adequate drainage provided to reduce exposure to FLOOD hazards. O. BASE FLOOD ELEVATION data shall be shown on the Master Subdivision Plan. E. All final plats presented for approval shall clearly indicate the finished elevation above NGVO of the roads, the average finished elevation above NGVO of the LOTS or homesite, and the minimum BASE FLOOD ELEVATION above NGVO as required in this section. 3.03.00 COASTAL ZONE MANAGEMENT 3.03.01 Purpose The purpose of this section is to manage and conserve the habitats, species, natural SHORELINE, and DUNE systems in the County's COASTAL ZONE, as defined in the Collier County GMP and herein, through the identification, protection, CONSERVATION, and appropriate use of native vegetative communities and wildlife habitats. 3.03.02 Applicability A. New and existing DEVELOPMENT in the COASTAL ZONE shall be in compliance with the goals, objectives, and policies of the CONSERV A TION and Coastal Management Element (CCME) of the Collier County GMP and with this LOC until the formal adoption by the County of all land DEVELOPMENT regulations, ordinances, policies, and programs which implement the COASTAL ZONE Management Plan-1991, as adopted by the BCC, and as prescribed by the CONSERVATION and Coastal Management Element of the Collier County GMP. B. In addition to these COASTAL ZONE regulations, all land DEVELOPMENT activities on SHORELINES, and/or undeveloped and developed coastal barriers, shall comply with the County's environmental land DEVELOPMENT regulations, including, but not limited to: section 2.03.07(0)(1), Special Treatment Overlay district (ST); procedural requirements in Chapter 10; section 3.05.00, Page 7 of 80 _ _ __,_. ,~,,__',,'__U'_ ----,-,--" Vegetation Removal, Protection and Preservation; section 3.04.03, sea turtle Protection; section 3.04.00, Endangered, Threatened or Listed Species Protection; Chapter 10, Coastal Construction SETBACK LINE variance; and as required by Vehicle on the BEACH Regulations in the County Code of Ordinances. 3.03.03 Priority for Location of STRUCTURES, DEVELOPMENT, or Site Alterations A. Any proposed STRUCTURE or site alteration on a SHORELINE shall be located within the boundaries of the subject PARCEL with the most impacted coastal habitats existing on the subject PARCEL receiving the highest priority for siting of the proposed STRUCTURE or site alteration. The following categories of impacts, 1 through 7, shall be used to determine the priority for location of DEVELOPMENT or site alteration: 1. Areas presently developed. 2. Disturbed uplands. 3. Disturbed freshwater WETLANDS. 4. Disturbed brackish water and marine WETLANDS. 5. Viable unaltered uplands. 6. Viable unaltered freshwater WETLANDS. 7. Viable unaltered brackish water and marine WETLANDS. B. If "1. Areas presently developed" exists on the subject PARCEL, it shall be the preferred site for the proposed STRUCTURE or site alteration. If "1" is not present, and "2. Disturbed uplands" exists on the subject PARCEL, "2" shall be the preferred site for DEVELOPMENT or site alteration. This siting process shall continue in the same manner through "7," until a specific area is identified as an appropriate location for the proposed STRUCTURE or site alteration on the subject PARCEL. C. In the event that the proposed DEVELOPMENT or site alteration requires a larger area than is available in the highest category of impacted habitat, then any adjoining land in the next highest category of impacted habitat shall, in addition, be allocated for location of the proposed DEVELOPMENT or site alteration. Where there is a mixture of categories of impacted habitat, and it is not possible to follow the priorities noted above, the proposed DEVELOPMENT or site alteration shall be planned to maximize the use of land for DEVELOPMENT in the highest ranked categories and to minimize the use of land in the lowest ranked categories. The burden of proof shall be on the APPLICANT to establish that a higher ranked category of impacted habitat is not feasible for siting the proposed DEVELOPMENT or site alteration. 3.03.04 Procedures Proposed DEVELOPMENT shall be shown on preliminary or final plats or on site DEVELOPMENT PLANS. Requirements for plats, site DEVELOPMENT PLANS, and review are described in Chapter 10. Page 8 of 80 3.03.05 Sea Level Rise An analysis shall be required demonstrating the impact of a six (6) inch rise in sea level above NGVD for DEVELOPMENT projects on a SHORELINE. This requirement shall be met by inclusion of this analysis in an ENVIRONMENTAL IMPACT STATEMENT (EIS). This requirement shall be waived when an EIS is not required. This analysis shall demonstrate that the DEVELOPMENT will remain fully functional for its intended use after a six (6) inch. rise in sea level. In the event that the APPLICANT cannot meet this requirement, a list shall be provided by the APPLICANT of the changes necessary in order for the DEVELOPMENT to meet the standard. 3.03.06 NATIVE VEGETATION Retention on Coastal Barriers NATIVE VEGETATION retention or revegetation shall be in compliance with the requirements of section 3.05.00, and shall incorporate, at a minimum, the preservation and revegetation standards as follows: A. NATIVE VEGETATION shall be preserved to the maximum extent possible. To the extent that NATIVE VEGETATION cannot be retained on-site, and the remaining NATIVE VEGETATION can be supplemented without degrading or damaging its natural function, ,then the existing NATIVE VEGETATION shall be supplemented :with compatible vegetation on-site. I B. All BEACHfront land DEVELOPMENT projects shall be required to revegetate the DUNE where the DUNE is devoid of coastal DUNE vegetation. C. All land DEVELOPMENT projects shall provide 100 percent native Southern Floridian species within their required landscaping and BUFFERING standards as established within section 4.06.00. D. Appropriate coastal DUNE or strand vegetation shall be required as the only stabilizing medium in any coastal barrier DUNE or strand vegetation restoration program. 3.03.07 Undeveloped Coastal Barriers In addition to the regulations contained in section 3.03.02, the following standards shall apply to any proposed STRUCTURE or site alteration within all undeveloped coastal barriers: A. The County shall not approve any plan of DEVELOPMENT of an undeveloped coastal barrier which would exceed a DENSITY of one (1) STRUCTURE per five (5) acres of fastland, except for legal NONCONFORMING LOTS OF RECORD, either individually or in combination with ADJACENT DEVELOPMENTS. B. The following land DEVELOPMENT activities shall be prohibited: 1. Bridges and causeways to or on undeveloped coastal barrier islands; 2. Paved roads; 3. Commercial MARINAS; and 4. SHORE-hardening STRUCTURES. Page 9 of 80 ,..._"~..~----~_._._- ---, -------- C. Filling and excavation are prohibited on undeveloped coastal barriers, except as follows: 1. When part of a DUNE or BEACH restoration program, as permitted by governmental agencies having jurisdiction. 2. When part of a WASTEWATER treatment system, as permitted by governmental agencies having jurisdiction. 3. When part of a public DEVELOPMENT PLAN, as permitted by governmental agencies having jurisdiction. 3.04.00 PROTECTION OF ENDANGERED,.THREATENED, OR LISTED SPECIES 3.04.01 Generally A. The purpose of this section is to protect species in the County, by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: 1. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened, or species of special concern. 2. United States Fish and Wildlife Service (USFWS) as endangered or threatened. 3. Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES). B. Applicability and Exemptions 1. General Applicability: Except as provided in 2. below, all new DEVELOPMENT shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. 2. Exemptions: The following are exempt from the provisions of this Section: a. agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes; b. all DEVELOPMENT within the RLSA District, except as specifically provided in section 4.08.00; and c. all DEVELOPMENT within the NBMO, except as specifically provided in section 2.03.08. C. EIS AND MANAGEMENT PLANS 1. Exemption. Single-family LOTS that are not part of a previously approved SUBDIVISION or SOP shall not be required to prepare an EIS or a management plan. Page 10 of 80 2 EIS. An EIS is required as set forth in section 10.02.02. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. 3. Management Plans. a. General Requirements. A wildlife management plan shall be required for all project~ where the wildlife survey indicates listed species are utilizing the site. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats and shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed DEVELOPMENT. b. References. The following references shall be used, as appropriate, to prepare the required management plans; i. South Florida Multi-Species Recovery Plan, USFWS, 1999. I ii. Habitat Management Guidelines for the Bald Eagle iril the Southeast Region, USFWS, 1987. I \ Hi. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale DEVELOPMENT in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. iv. Ecology and DEVELOPMENT-Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. D. PROTECTIVE MEASURES. All DEVELOPMENTS subject to this section shall adhere to the following: 1. General a. In those areas where CLUSTERING is permitted, all DEVELOPMENTS shall be CLUSTERED to discourage impacts to listed species habitats. b. OPEN SPACE and vegetation preservation requirements shall be used to establish BUFFER areas between wildlife habitat areas and areas dominated by human activities. Page 11 of 80 " --~.~ .~--_..- c. Provisions such as fencing, walls, or other obstructions shall be provided to minimize DEVELOPMENT impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. d. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. e. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the habitat of that listed species, as provided in section 4.06.04. f. Management Plans shall contain a monitoring program for DEVELOPMENTS greater than 10 acres. g. Letters of technical assistance from the FFWCC. and recommendations from the USFWS shall be deemed to be consistent with the GMP. E. Single-family platted LOTS, seven and one-half (7 Y2) acres or less in size, shall be exempt from the requirements set forth in section 3.04.02 B., when these LOTS are not a part of a previous DEVELOPMENT which has been required to comply with section 3.04.02 B. However, gopher tortoises shall be protected pursuant to this section. 3.04.02 Species Specific Requirements On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the GMP, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing DEVELOPMENT ORDERS. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00: A. Gopher Tortoise (Gopherus polyphemus) 1. All gopher tortoises, their habitats, and the associated commensals are hereby protected. 2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise, and to ALTER, destroy, Page 12 of 80 or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. 3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. 4. Personnel authorized by the FFWCC or the County may house and relocate tortoises, as necessary and provided for in this section. 5. When gopher tortoises are identified on-site, a protection and/or management plan or off-site relocation plan shall be submitted to the County Manager or designee for review and approval. 6. The protection and/or management plan shall include, but not be limited to, the following items: a. A current gopher tortoise survey, which shall be field-verified by planning services staff. b. A proposal for either maintaining the population in place or relocating it. c. A site plan identifying the boundaries of the gopher tortoise preserve. d. The method of relocation, if necessary. e. The proposed supplemental plantings, if needed. f. Detail of the gopher tortoise preserve fencing. g. An annual maintenance plan describing exotic removal and vegetation management. h. Identification of persons responsible for the initial and annual protection and/or management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first DEVELOPMENT ORDER submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3.05.00 of this LDC. 6. Suitable habitat shall be defined as having the following characteristics: a. The presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises. b. Appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted). c. Generally open canopy and sparse shrub cover, which allow sufficient sunlight to reach the ground. d. Typically, includes the presence of an existing gopher tortoise population. Page 13 of 80 ._~.~ "- 7. Off-site relocation plans shall be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: a. Where suitable habitat does not exist on-site; b. Where a property owner meets the minimum on-site. NATIVE VEGETATION preservations requirements of this LOC with jurisdictional WETLANDS, and cannot provide appropriate habitat for gopher tortoises as described above; or c. Where scientific data has been presented to the County Manager or designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long-term health of the on-site population of tortoises. 8. If an off-site relocation plan is authorized under one {1} or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the FFWCC. Where appropriate, a combination of on-site preservation and off-site relocation may be considered. ; 1 9. When relocating tortoises on-site, the DENSITY shall be reviewed on a case-by-case basis, and no more than five {5} tortoises per acre will be considered a suitable DENSITY. 10. When identifying the NATIVE VEGETATION preservation requirement of section 3.05.00. of this LOC for PARCELS containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher. tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site ADJACENT gopher tortoises' preserves. All gopher tortoise preserves shall be platted with protective covenants, as required by this section and section 10.02.04 of this LDC or, if the project is not platted, shall provide such language on the approved site DEVELOPMENT PLAN. It shall be a priority to preserve scrub habitat, when it exists on-site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off-site. 11. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by County Manager or designee. 12. Exemptions. Single family platted LOTS, sev.en and one-half acres or less in size, shall be exempt from the requirements set forth in subsections 5 through 11 above, when these LOTS are not a part of a previous DEVELOPMENT which has been required to comply Page 14 of 80 with subsections 5 through 11. However, gopher tortoises shall be protected pursuant to 1-4 above. B. Sea Turtle Protection 1. The purpose of this section is to protect the threatened and endangered sea turtles that nest along the BEACHES of the County, by safeguarding sea turtle hatchlings from sources of artificial light, and adult and hatchling sea turtles from injury or harassment. The County shall adhere to state and federal guidelines for the protection of sea turtles. 2. The requirements of this section apply when DEVELOPMENT or lighting associated with DEVELOPMENT is located within three hundred (300) feet of mean high water; when parking LOTS, DUNE walkovers, or other outdoor lighting is proposed; and when reflective surfaces that will be illuminated by outdoor lighting will be visible from the BEACH. a. Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or ACCENT LIGHTING shall be prohibited. b. All lighting, including wall-mounted fixtures, pole lighting, lights on balconies, and any other type of lighting not specifically referenced by this section, shall be of low intensity, and shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the BEACH. c. Low profile luminaries shall be used in parking LOTS, and such lighting shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the BEACH. d. DUNE crosswalks shall utilize low profile shielded luminaries directed and positioned so that light sources, or any reflective surfaces illuminated by such sources shall not be visible from the BEACH. DUNE crossover lighting shall be limited to the area landward of the primary DUNE. e. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the BEACH. f. Plates of tinted glass are required for windows that are visible from the BEACH. The tinted glass shall be any window or glazing that has an industry-approved light transmittance value of forty-five (45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. Page 15 of 80 .~.._- "-_. -- g. Temporary security lights at construction sites shall not be mounted more than fifteen (15) feet above the ground. Light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the BEACH. 3. For existing DEVELOPMENT, existing STRUCTURES with any light sources, or reflective surfaces illuminated by such sources, that are visible from the BEACH, shall be in compliance with the following: '.. a. All lights shall be tumed off after 9:00 p.m. between May 1 and October 31 of each year, or fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the BEACH. b. Lights illuminating DUNE crosswalks shall be tumed off after 9:00 p.m. between May 1 and October 31 of each year, and must be modified to conform to the requirements for new DEVELOPMENT in accordance with section 3.04.03(8) of this section. c. Security and emergency exit lighting shall follow the same requirements stated in section 3.04.03(C)(1) of this section. If I high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood, or position~d so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the BEACH. d. At least one (1) of the following measures shall be taken, where applicable, to reduce or eliminate the negative effects of interior light emanating from doors or windows within the line of sight of the BEACH, where lights currently illuminate the BEACH: i. In windows facing the Gulf of Mexico, and all inlet SHORELINES of these BEACHES, tinted window treatments are required for windows that are visible from the BEACH so that indoor lights do not illuminate the BEACH. The tinted glass shall be any window or glazing that has an industry-approved light transmittance value of forty-five (45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. ii. Rearrange lamps and other movable fixtures away from windows. iii. Use window treatments, including, but not limited to, blinds and curtains, to shield interior lights from the BEACH. iv. Turn off unnecessary lights. 4. All publicly owned lighting with light sources that are visible from the BEACH, or that illuminate reflective surfaces that are visible from the BEACH, shall be turned off after 9:00 p.m. between May 1 and Page 16 of 80 October 31 of each year, or shall be fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, are not visible from the BEACH. 5. It shall be unlawful, during the nesting season, to construct any STRUCTURE, add any fill, mechanically clean any BEACH, or GRADE any dirt within 100 feet of the nesting zone of a BEACH where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. a. If sea turtle nesting occurs within 100 Y ARCS of the construction, measured parallel to the SHORELINE during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that morning. b. Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the APPLICANT. c. Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any NATIVE VEGETATION on the site, shall maintain the natural existing BEACH profile, and minimize interference with the natural BEACH dynamics and function. d. Construction or repair of any STRUCTURE, including, but not limited to, DUNE walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall not be permitted during sea turtle nesting season on any County BEACHES. 6. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any species of sea turtle in Collier County or within its jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle. C. Florida Scrub Jay. Habitat preservation for the Florida scrub jay (Aphe/ocoma coeru/escens) shall conform to the guidelines contained in Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999. D. Bald Eagle. For the bald eagle (Haliaeetus /eucocepha/us), the required habitat management plans shall estabUsh protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. Page 17 of 80 -_..~--~ -"--- -,---....--..,. ,',-- ---. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. E. Red-cockaded woodpecker. For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall. outline measures to avoid ADVERSE IMPACTS to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. F. Florida black bear. In areas where the Florida black bear (Ursus americanus f1oridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. G. Panther. For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis conca/or caryl) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be BUFFERed from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU DISTRICT shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, and with the provisions set forth in this section. H. West Indian Manatee. The management and protection plans for the West Indian Manatee are set forth in section 5.05.02. 3.04.03 Penalties for Violation: Resort to Other Remedies Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any Page 18 of 80 other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this section. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of FLOODING, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in OPEN SPACE areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land DEVELOPMENT PLANS; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LOC. B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation A. NBMO EXEMPTION. DEVELOPMENT in NBMO Receiving Lands are exempt from the provisions of this section. B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION. In accordance with ~ 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. AGRICULTURAL EXEMPTION. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are Page 19 of 80 --- exempt from the provisions of section 3.05.00, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural DEVELOPMENT for 25 years, unless the applicable provisions set forth in section 3.05.00 are adhered to at the time of the conversion. The percentage of NATIVE VEGETATION preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. PRE-EXISTING USES. Exemptions from the requirements of section 3.05.00 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a CONDITIONAL USE or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved DEVELOPMENTs shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU DISTRICT, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU DISTRICT as long as they do not result in an increase in DEVELOPMENT density or intensity. E. EXEMPT MANGROVE ALTERATION PROJECTS. Mangrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to' the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove Page 20 of 80 trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. F. Except for LOTS on undeveloped coastal barrier islands, and any project proposing to AL TER mangrove trees, a vegetation removal permit for clearing one (1) acre or less of land is not' required for the removal of protected vegetation, other than a specimen tree on a PARCEL of land zoned residential, RSF, VR, A or E, or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which single-family LOTS have been subdivided for single- family use only, where the following conditions have been met: 1. A building permit has been issued for the permitted PRINCIPAL STRUCTURE (the building permit serves as the clearing pe'rmit); or 2. 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 doe~ not exceed on acre. G. A vegetation removal permit is not required for the following situations: 1. Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final DEVELOPMENT ORDER. 2. Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width. 4. Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A.1. 5. Removal of PROHIBITED EXOTIC VEGETATION. Mechanical clearing of PROHIBITED EXOTIC VEGETATION shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 3.05.03 Procedures Requirements for submittals, documentation of assessments and evaluations, and application and review procedures are set forth in Chapter 10. Page 21 of 80 3.05.04 Vegetation Removal and Protection Standards A. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the County Manager or designee, before occupancy or use, unless approval for their removal has been granted under permit. B. During construction, unless., otherwise authorized by a vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the dripline of any vegetation that is required to be preserved in its present location. C. Unless otherwise authorized by a vegetation removal permit, no attachments or wires, other than those of a protective or nondamaging nature, shall be attached to any vegetation during construction. D. Unless otherwise authorized by a vegetation removal permit, no soil is to be removed from within the drip line of any vegetation that is to remain in its original location. E. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the County Manager or designee. F. When the retention of single trees is required by this LOC, a protective barrier, similar to that required in section 3.05.04 E., shall be placed around the tree at a distance from the trunk of six (6) feet or beyond the drip line, whichever is greater, or as otherwise approved by the County Manager or designee. G. Protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or BUILDING operations, and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the County Manger or designee. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Signage shall be placed around the preserve areas to identify and protect the preserve during construction. The boundary of the Preserve shall be posted with appropriate signage denoting the area as a Preserve. SIGN(s) should note that the posted area is a protected area. The SIGNS shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; Page 22 of 80 and otherwise comply with section 5.06.00. Maximum SIGN spacing shall be 300 feet. H. The APPLICANT for a vegetation removal permit shall, at the time of application, designate representative(s), who shall be responsible for the installation and the maintenance of all tree protection barriers, and for supervising the removal of all existing vegetation permitted to be removed or altered. 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an. application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed DEVELOPMENT to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the DEVELOPMENT by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this section. In addition, a vegetation removal permit may be issued under the following conditions: A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing STRUCTURE. d B. Diseased or otherwise unhealthy vegetation, as determine by standard horticultural practices, and, if required, a site inspection by the County Manager or designee. C. A FINAL LOCAL DEVELOPMENT ORDER has been issued which requires removal of the protected vegetation. D. Compliance with other codes and/or ordinances may involve protected vegetation removal. E. Replacement of non-NATIVE VEGETATION shall be with NATIVE VEGETATION and shall be subject to the approval of the County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06.05 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (DIAMETER AT BREAST HEIGHT) of th ree inches. Replacement NATIVE VEGETATION shall be planted within fourteen (14) calendar days of removal. F. On a PARCEL of land zoned RSF, VR, E, or other nonagricultural, noncommercial zoning district in which single-family LOTS have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted ACCESSORY USE to that zoning. G. The proposed mangrove alteration has a DEP permit, or meets the permitting standards in the Florida Administrative Code. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fu Ifill the NATIVE VEGETATION preservation requirements. Page 23 of 80 H. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement, or restoration projects; or fire breaks approved by the State of Florida, Division of Forestry, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency pennits. I. VEGETA TION RELOCATION PLAN. If vegetation relocation is proposed by the APPLICANT prior to site DEVELOPMENT PLAN, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or his designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee. J. LANDSCAPE PLANT REMOVAL OR REPLACEMENT. ' The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal pennit I will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. 3.05.06 Management Plan Required For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half (1/2) acre in area, the owner shall submit, for the approval of the County Manager or designee, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: A. Whether the existing vegetation is to be preserved in the existing species composition. B. The manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.), if applicable. C. The maintenance schedule for the removal of invasive species. D. The maintenance schedule for the removal of debris. E. Other infonnation that may be required by the County Manager or his designee that is reasonable and necessary to determine if the management plan meets the requirements of this LOC. F. The County Manager or designee may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.05.05 and conforms to the preservation standards in section 3.05.07 below. 3.05.07 Preservation Standards Page 24 of 80 All DEVELOPMENT not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. GENERAL STANDARDS AND CRITERIA. 1. The preservation of NATIVE VEGETATION shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in secti~n 3.05.07 H.1.e. 2. Areas that fulfill the NATIVE VEGETATION retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. Single family residences are exempt from the requirements of section 3.05.07 H. 3. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.: a. Onsite WETLANDS having an assessed functionality of 0.65 or greater; b. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; c. Any upland habitat that serves as a BUFFER to a wetland area, d. Listed plant and animal species habitats, e. Xeric Scrub, f. DUNE and Strand, Hardwood Hammocks, g. Dry Prairie, Pine Flatwoods, and h. All other upland habitats. i. Existing NATIVE VEGETATION located contiguous to a NATURAL RESERVATION. 4. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. Page 25 of 80 _.."--- -._~,_._-_._....-_._---_.__._-_._.~-----"- -. 5. To the greatest extent possible, NATIVE VEGETATION, in quantities and types set forth in section 4.06.00, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. B. SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS. Outside tt:le RFMU and RLSA Districts, NATIVE VEGETATION shall be preserv~d on-site through the application of the following preservation and vegetation retention standards and criteria, unless the DEVELOPMENT occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply., This Section shall not apply to SINGLE-FAMIL V DWELLING UNITS situated on individual LOTS or PARCELS. 1. REQUIRED PRESERVATION I Non-Coastal High Hazard DEVELOPMENT Type Coastal Hiah Hazard Area Area \ Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Equal to or greater Equal to or greater than 5 Use DEVELOPMENT than 2.5 acres 25% acres and less than 20 acres. 15% Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Industrial Less than 5 acres. 10% Less than 5 acres. 10% DEVELOPMENT and all other non-specified Equal to or greater Equal to or DEVELOPMENT types than 5 acres. 15% greater than 5 acres. 15% Industrial DEVELOPMENT 50%, not to exceed 25% of 50%, not to exceed 25% of (Rural-Industrial the project site. the project site. District only) Page 26 of 80 2. EXCEPTIONS. An exception from the vegetation retention standards above shall be granted in the following circumstances: a. where the PARCEL was legally cleared of NATIVE VEGETATION prior to January 1989; b. where the PARCEL cannot reasonably accommodate both the application of the NATIVE VEGETATION retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07 (H)(1 )(e). C. SPECIFIC STANDARDS FOR THE RFMU DISTRICT. For Lands within the RFMU DISTRICT, NATIVE VEGETATION shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in 3.05.07 A. above: 1. RFMU RECEIVING LANDS OUTSIDE THE NBMO. a. A minimum of 40% of the NATIVE VEGETATION present, not to exceed 25% of the total site area shall be preserved. i. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU SENDING LANDS. ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. iii. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Where schools and other public facilities are co-located on a site, the NATIVE VEGETATION retention requirement shall be 30% of the NATIVE VEGETATION present, not to exceed 25% of the site. 2. NEUTRAL LANDS. a. In NEUTRAL LANDS, a minimum of 60% of the NATIVE VEGETATION present, not to exceed 45% of the total site area shall be preserved. b. Exceptions. Page 27 of 80 0..0- ,--- i. In those NEUTRAL LANDS located in Section 24, Township 49 South, Range 26 East, in the NBMO, NATIVE VEGETATION shall be preserved as set forth in section 2.03.08 D.5.b. ii. Where schools and other public facilities are co-located on a site, t~e NATIVE VEGETATION retention requirement shall be 30% of the NATIV~ VEGETATION present, not to exceed 25% of the site. 3. RFMU SENDING LANDS. a. In RFMU SENDING LANDS that are not within a NRPA, 80% of the NATIVE VEGETATION present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of section 2.05.02. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement, at a ratio of 3: 1, if such off-site preservation is located withim or contiguous to Sending Lands. 1 I b. In RFMU SENDING LANDS that are within a NRPA, 90% of the NATIVE VEGETATION present shall be preserved or such other amount as may be permitted under the Density Blending provisions of section 2.05.02. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs. 4. GENERAL EXCEPTIONS. a. Non-conforming, Pre-existing PARCELS. In order to ensure reasonable use and to protect the private property rights of owners of smaller PARCELS of land within the RFMU DISTRICT, including NONCONFORMING LOTS OF RECORD which existed on or before June 22, 1999, for LOTS, PARCELS or fractional units of land or water equal to or less than five (5) acres in size, NATIVE VEGETATION clearing shall be allowed, at 20% or 25,000 square feet of the LOT or PARCEL or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide ACCESS drive up to 660 feet in length. For LOTS and PARCELS greater than 5 acres but less than 10 acres, up to 20% of the PARCEL may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing Page 28 of 80 amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of STRUCTURES in order to minimize wildfire fuel sources. b. Specific County-owned Land. On County-owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the NATIVE VEGETATION retention and site preservation requir.ements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. c. Discretionary Exception for Essential Public Services. The County Manager or his designee may grant written exemptions to the above preservation requirements on agriculturally zoned property for essential public services (as defined in section 2.01.03), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot bm'l be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existing NATIVE VEGETATION. D. SPECIFIC STANDARDS FOR RLSA DISTRICT. For lands within the RLSA District, NATIVE VEGETATION shall be preserved pursuant to the RLSA District Regulations set forth in section 4.08.00 of this Code. E. DENSITY BONUS INCENTIVES. Density Bonus Incentives shall be granted to encourage preservation. 1. OUTSIDE RURAL VillAGES. In RFMU RECEIVING lANDS not designated as a RURAL VillAGE, a density bonus of 0.1 DWELLING UNIT per acre shall be granted for each acre of NATIVE VEGETATION preserved on-site that exceeds the requirements set forth in section 3.05.07 C., once a density of 1 unit per acre is achieved through the use of TOR CREDITS. 2. INSIDE RURAL VillAGES. In RFMU RECEIVING lANDS designated as a RURAL VillAGE, a density bonus of 0.3 DWELLING UNITS per acre shall be granted for each acre of NATIVE VEGETATION preserved on-site that exceeds the requirements set forth in section 3.05.07 C., once a density of 2 units per acre is achieved through the use .of TOR and BONUS CREDITS. F. WETLAND PRESERVATION AND CONSERVATION. Page 29 of 80 _."- -- 1. PURPOSE. The following standards are intended to protect and conserve Collier County's valuable WETLANDS and their natural functions, including marine WETLANDS. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in section 4.08.00. WETLANDS shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in section 3.05.07 (C), unless otherwise required. 2. URBAN LANDS. In the case of WETLANDS located within the Urban designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions: a. Where permits issued by such jurisdictional agencies allow for impacts to WETLANDS within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of WETLANDS and the natural functions of WETLANDS within this area. b. The County shall require the appropriate jurisdictional permit prior to the issuance of a FINAL LOCAL DEVELOPMENT ORDER permitting site improvements, except in the case of any single-family residence that is not part of an approved DEVELOPMENT or platted SUBDIVISION. c. Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These WETLANDS require greater protection measures and therefore the wetland protection standards set forth in 3.05.07 (F)(3) below shall apply in this area. 3. RFMU DISTRICT. Direct impacts of DEVELOPMENT within WETLANDS shall be limited by directing such impacts away from high quality WETLANDS. This shall be accomplished by adherence to the vegetation retention requirements of section 3.05.07 (C) above and the following standards: a. In order to assess the values and functions of WETLANDS at the time of project review, APPLICANTS shall rate the functionality of WETLANDS using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept WETLANDS functionality assessments that are based upon the Page 30 of 80 South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001 (September 1997, as update August 1999). The APPLICANT shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. b. WETLANDS documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these WETLANDS exceeds the acreage required in section 3.05.07 (B). c. Existing wetland FLOWW A YS through the project shall be maintained, regardless of whether the preservation of these FLOW WAYS exceeds the acreage required in section 3.05.07 (C). d. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved WETLANDS on or offsite. Detention and control elevations shall be set to protect surrounding WETLANDS and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. e. Single family residences shall follow the requirements contained within Section 3.05.07 (F)(5). f. Preserved WETLANDS shall be BUFFERed from other land uses as follows: i. A minimum 50-foot vegetated upland BUFFER ADJACENT to a natural water body. ii. For other WETLANDS a minimum 25-foot vegetated upland BUFFER ADJACENT to the wetland. Hi. A structural BUFFER may be used in conjunction with a vegetative BUFFER that would reduce the vegetative BUFFER width by 50%. A structural BUFFER shall be required ADJACENT to WETLANDS where direct impacts are allowed. A structural BUFFER may consist of a stem- wall, BERM, or vegetative hedge with suitable fencing. Page 31 of 80 --.- -- iv. The BUFFER shall be measured landward from the approved jurisdictional line. v. The BUFFER zone shall consist of preserved NATIVE VEGETATION. Where NATIVE VEGETATION does not exist, NATIVE VEGETATION compatible with the existing soils and expected hydrologic conditions shall be planted. vi. The BUFFER shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. vii. The following land uses are considered to be compatible with WETLAND FUNCTIONS and are allowed within the BUFFER: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management STRUCTURES; (4) Mitigation areas; (5) Any other conservation and related OPEN SPACE activity or use which is comparable in nature with the foregoing uses. 4. MITIGATION. Mitigation shall be required for direct impacts to WETLANDS in order to result in no net loss of WETLAND FUNCTIONS, in adherence with the following requirements and conditions: a. Mitigation Requirements: i. Loss of storage or conveyance volume resulting from direct impacts to WETLANDS shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or ADJACENT to the impacted wetland. ii. Prior to issuance of any final DEVELOPMENT ORDER that authorizes site alteration, the APPLICANT shall demonstrate compliance with a and b above. If agency permits have not Page 32 of 80 provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies. iii. Mitigation requirements for single-family LOTS shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section (5) below. '. b. Mitigation Incentives: A density bonus of 10% of the maximum allowable RESIDENTIAL DENSITY, a 20% reduction in the required OPEN SPACE acreage, a 10% reduction in the required NATIVE VEGETATION, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: i. Increase wetland habitat through recreation or restoration of WETLAND FUNCTIONS, of the same type found on-site, on an amount of off-sIte acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site NATIVE VEGETATION preservation acreage required, or 20% of the overall project size, whichever is greater; ii. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site NATIVE VEGETATION preservation acreage required, or 20% of the overall project size, whichever is greater; or iii. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the APPLICANT and Collier County after consultation with the applicable juriSdictional agencies. c. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is no net loss in WETLAND FUNCTIONS as prescribed above. d. EXOTIC VEGETATION Removal. EXOTIC VEGETATION removal shall not constitute mitigation. 5. EST A TES, RURAL-SETTLEMENT AREAS, AND ACSC. In the case of lands located within Estates Designated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland jurisdictional determinations and permit requirements Page 33 of 80 _.-----... issued by the applicable jurisdictional agency, in accordance with the following: a. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. b. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform APPLICANTS for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 6. RLSA DISTRICT. Within the RLSA District, WETLANDS shall be preserved pursuant to section 4.08.00. 7. SUBMERGED MARINE HABITATS. The County shall protect and conserve submerged marine habitats as provided in section 5.03.06 I. G. NATURAL RESERVATION PROTECTION AND CONSERVATION. 1. PURPOSE AND APPLICABILITY a. The purpose of this Section is to protect NATURAL RESERV ATIONS from the impact of surrounding DEVELOPMENT. For the purpose of this section, NATURAL RESERVATIONS shall include only NRPAs and designated Conservation Lands on the Future Land Use Map. b. For the purposes of this Section, DEVELOPMENT shall include all projects SINGLE-FAMILY DWELLING UNITS situated on individual LOTS or PARCELS. 2. REVIEW PROCESS. All requests for DEVELOPMENT contiguous . . to NATURAL RESERVATIONS shall be reviewed as part of the County1s DEVELOPMENT review process. 3. RFMU DISTRICT REQUIREMENTS. The following criteria shall apply within the RFMU DISTRICT only. Page 34 of 80 a. OPEN SPACE. OPEN SPACE shall be required to provide a BUFFER between the project and the NATURAL RESERVATION. i. OPEN SPACE allowed between the project's non-OPEN SPACE uses and the boundary of the NATURAL RESERVATION may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required YARD set-back areas, and other natural or man-made OPEN SPACE requirements. ii. The following OPEN SPACE uses are considered acceptable uses contiguous to the NATURAL RESERVATION boundary: (a) preservation areas; (b) golf course roughs maintained in a natural state; (c) stormwater management areas; I \ (d) pervious nature trails and hiking trails limited to use by nonmotorized vehicles. b. OPEN SPACES AS BUFFERS. i. The uses in paragraph (a)(ii) above are encouraged to be located as to provide a BUFFER between the NATURAL RESERVATION and more intensive OPEN SPACE uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and YARDS for individual LOTS or PARCELS, or OPEN SPACE uses that are IMPERVIOUS in nature. These more intensive OPEN SPACE uses may not be located closer than 300 feet to the boundary of the NATURAL RESERVATION. ii. In addition, where woodstork ( Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the ADJACENT NATURAL RESERVATION, the OPEN SPACE uses identified in (a) - (c) below are considered acceptable for placement within a BUFFER as specified below: (a) Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests - 1,500 feet; Page 35 of 80 ---~ .... ... -.. (b) Wading bird roost - 300 feet; (c) These BUFFER distances shall only apply to the identified entity within the NATURAL RESERVATIONS. iii. These requirements shall be modified on a case by case basis, if such modif.ications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. c. CONTIGUOUS NATIVE VEGETATION. Existing NATIVE VEGETATION that is located contiguous to the NATURAL RESERV A TION shall be preserved as part of the preservation requirements specified in Section 3.05.07. d. WILDLIFE CORRIDORS. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the NATURAL RESERVATION. The County shall consider the recommendations from the USFWS. H. PRESERVE STANDARDS 1. DESIGN STANDARDS a. IDENTIFICATION. NATIVE VEGETATION that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner: i. The Preserve shall be labeled as "Preserve" on all site plans. ii. If the DEVELOPMENT is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set- aside on the PUD Master Plan with the remaining 25% identified at the time of the next DEVELOPMENT ORDER submittal. iii. The Preserve shall be identified at the time of the first DEVELOPMENT ORDER submittal. b. MINIMUM DIMENSIONS. The minimum width of the preserve shall be: Page 36 of 80 i. twenty feet, for property less than ten acres. ii. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less thahtwenty acres. iii. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. c. PROTECTION OF WETLAND HYDROPERIODS. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved WETLANDS on or offsite. Detention and control elevations shall be set to protect surrounding WETLANDS and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. d. PROTECTIVE COVENANTS. Preserve areas shall be identified as separate tracts or EASEMENTS, with ACCESS to them from a platted RIGHT-Of-WAY. No individual residential or commercial LOT, PARCEL lines, or other EASEMENTS such as utility or ACCESS EASEMENTS, may project into a Preserve. All required EASEMENTS or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners. association or similar entity with maintenance responsibilities. The protective covenants for the tract or EASEMENT shall establish the permitted uses for said EASEMENT(s) and/or tracts on the final SUBDIVISION plat. A nonexclusive EASEMENT or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final SUBDIVISION plats and all final DEVELOPMENT ORDER site plans. The boundaries of all preserve EASEMENTS shall be dimensioned on the final SUBDIVISION plat. e. CREA TED PRESERVES. Created Preserves shall be allowed for PARCELS that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. i. Applicability. Criteria for allowing created preserves include: (a) Where site elevations or conditions requires placement of Page 37 of 80 -_"_'_'_--,-_.~,,- -,.'- ~ fill thereby harming or reducing the survivability of the NATIVE VEGETATION in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing NATIVE VEGETATION; (c) Where native . preservation requirements cannot be accommodated, ,the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. These areas shall be identified as created preserves. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the NATIVE VEGETATION requirement when preserves are planted with all three strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1h acre in size) of NATIVE VEGETATION exist on site. In cases where retention of NATIVE VEGETATION results in small isolated areas of 1h acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created ADJACENT existing NATIVE VEGETATION areas on site or contiguous to preserves on ADJACENT properties. This exception may be granted, regardless of the size of the project. (f) When an ACCESS point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. ii. Required Planting Criteria: (a) Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the Page 38 of 80 standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (DIAMETER AT BREAST HEIGHT) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plant material are better suited for re-establishment of the native plant community. (b) Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property has less than twenty acres of existing NATIVE VEGETATION. (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing NATIVE VEGETATION. (3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing NATIVE VEGETATION. (c) The minimum dimensions shall apply as set forth in 3.05.07 H.1.b. (d) All perimeter landscaping areas that are requested to be approved to fulfill the NATIVE VEGETATION preserve requirements shall be labeled as preserves and shall comply with all preserve SETBACKS. f. ALLOWABLE SUPPLEMENTAL PLANTINGS. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no NATIVE VEGETATION coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon Page 39 of 80 ---- .-- ground covers, three gallon shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. g. PRESERVE MANAGEMENT PLANS. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: i. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. ii. EXOTIC VEGETATION Removal, Non-NATIVE VEGETATION, and Nuisance or Invasive Plant Control. EXOTIC VEGETATION removal and maintenance plans shall require that Category I Exotics be removed from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to GRADE and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to the NATIVE VEGETATION in the preserve. 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. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by PROHIBITED EXOTIC VEGETATION of the site in perpetuity. Non- NATIVE VEGETATION and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the homeowners association shall amend the plan Page 40 of 80 to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. At a min.imum, the Preserve Manager shall have the same qualifications as are required for the author of an EIS, as set forth in section 10.02.02 A.3. iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. Where site conditions require prescribed bums, a fire management plan will be developed and implemented. v. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. h. ALLOW ABLE USES WITHIN PRESERVE AREAS. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited ACCESS to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious PATHWAYS, benches and educational SIGNS. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c. Fences and walls are not permitted within the preserve area. 2. INSPECTIONS AND MAINTENANCE a. INSPECTIONS SHALL BE REQUIRED FOR ALL PRESERVES. The preserve areas shall be completed and approved by inspections conducted in, accordance with the following schedule: Page 41 of 80 . '_., L Prior to preliminary acceptance of the phase of the required SUBDIVISION improvements; iL Within the associated phase of the final site DEVELOPMENT PLAN prior to the issuance of a certificate of occupancy. iiL As required with golf courses, prior to the. issuance of a certificate of occupancy for the first permitted STRUCTURE '. associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. ANNUAL MAINTENANCE. Annual maintenance shall be required according to the Preserve Management Plan 3. REQUIRED SETBACKS TO PRESERVES a. All PRINCIPAL STRUCTURES shall have a minimum 25-foot SETBACK from the boundary of any preserve. ACCESSORY STRUCTURES and all other site alterations shall have a minimum 10- foot SETBACK from the boundary of any preserve. There shall be no site alterations within the first 10 feet ADJACENT to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (Le.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve BUFFERS shall be applied to WETLANDS pursuant to section 3.05.07 F.3.f. 4. EXEMPTIONS a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for DEVELOPMENT ORDERS authorizing site improvements, such as an SOP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to Page 42 of 80 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. 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 rose myrtle (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 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 Page 43 of 80 -.....^-.---.-.-..---.----..--. -. -.- 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. . 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 directors field representative. 6. Herbicides utilized in the removal of PROHIBITED EXOTIC VEGETATION shall have been approved by the U.S. Environmental Protection Agency. 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 DEVELOPMENT services director 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 shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. Page 44 of 80 C. APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON SINGLE-FAMILY AND TWO-FAMIL Y 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. The removal of PROHIBITED EXOTIC VEGETATION shall be required in perpetuity. Upon issuance of a vegetation removal permit, PROHIBITED EXOTIC VEGETATION may be removed from LOTS which are zoned residential single-family (RSF), estates (E), village residential (VR), and MOBILE HOME (MH), prior to issuance of a BUILDING permit. 3.05.09 Designation of Specimen Tree By resolution of the BCC, a plant may be designated a specimen tree because of its historical significance, rarity in the County, age, or extraordinary size. 3.05.10 Littoral Shelf Planting Area (LSPA) I The purpose and intent of a littoral shelf planting area (LSPA) is to establish a I planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. A. DESIGN REQUIREMENTS 1. AREA REQUIREMENTS. The total area of the LSPA shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary within the County and are as follows: a. Rural Fringe Mixed Use District - 30 percent. This requirement may be reduced subject to the incentives identified in section 3.05.07 F.4.b.; b. All other areas - 7 percent. 2. Location criteria. Unless otherwise allowed for, the LSPA shall be concentrated in one location of the lake(s), preferably ADJACENT to a preserve area, in order to maximize its habitat value and minimize maintenance efforts. Multiple locations for meeting the LSPA area requirement within a single lake shall be allowed as Page 45 of 80 ._...~.._--"~,.^' _.~. long as a single LSPA is no smaller than 1,000 square feet. Whenever possible, the LSPA should be located away from residential LOTS in order to avoid maintenance and aesthetic conflicts with residential users, and the LSP A shall be located ADJACENT to control STRUCTURES or pipe outlets or 'iolets in order to maximize water quality benefits. However, the LSP A shall be located no closer than 20 feet from any discharge STRUCTURE or pipe intake so as to not impede flow. If the LSPA is located around a discharge STRUCTURE, the 20-foot SETBACK shall extend waterward of the discharge STRUCTURE to a point in the center of the lake. For interconnected lake systems, the total required area of the LSPA for all lakes may be configured within a single lake and at one location. 3. Shelf elevation. The design elevation(s) of the LSPA shall be determined based on the ability of the LSPA to function as a marsh community and on the ability of selected plants to tolerate the expected range of water level fluctuations. Generally, marsh communities in this area have a hydroperiod of between six and ten months. Wet seasonal water levels range from 12 to 24 inches above ground elevation. Dry seasonal water levels are six inches below ground elevation for an average year and 46 inches below ground elevation for a one in ten year drought. The design of the shelf may deviate from these reference values if site-specific data and information is presented that supports the proposed elevations. 4. Shelf configuration. The LSPA shall be designed so that the slope of the shelf is as flat as possible. An undulating bottom allowing for shallow pooling during the dry season is encouraged. Shelves may be terraced to provide for varying elevations for different plant species. The area requirements specified in 3.05.10 A.1 shall only be satisfied by those areas planted on a shelf that has an average slope of 8:1 or flatter. Shelves having undulating bottoms and terraced configurations shall be deemed to meet the slope requirements if the average slope across the shelf is 8: 1 or flatter. 5. Plant selection and specifications. Plants shall be selected based on the expected FLOODING durations and maximum water depths for which the selected plants can survive. The LSPA shall be initially planted with at least three different species of native, nursery grown or otherwise legally obtained vegetation. No species shall constitute more than 50 percent of coverage, and at least one species shall be herbaceous. Spacing shall be no more than: 20 feet for trees; five feet for shrubs; and 36 inches on center for herbaceous plants. At the time of planting, minimum size shall be: three gallon (minimum four feet high) for trees; one gallon for Page 46 of 80 shrubs and 12 inches for herbaceous plants. Clustering of plants shall be allowed to provide for scattered open areas as long as the open areas do not constitute more than 20 percent of the required shelf area and the elevations of the open areas are at least a foot deeper than the surrounding planted area. 6. Posted area. The boundary of the LSP A shall be posted with appropriate signage denoting the area as a LSPA. SIGN(s) should note that the posted area is a Littoral Shelf Planting Area and contain specific instructions to ensure that the planted area will not be subjected to herbicidal treatments or other activities that will kill the vegetation. The SIGNS shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and, otherwise comply with section 5.06.03. A minimum of two SIGNS shall be provided to mark the extent of the LSPA. Maximum SIGN spacing shall be 150 feet. 7. Required information. The planting plan for the LSPA shall provide the following information: I I a. Calculation table showing the required area (square feet) for the LSPA and its percentage of the total area at control elevation (NGVD); b. Control elevation (NGVD) and dry season water table (NVGD); c. Maximum water depth (feet) and estimated number of months of FLOODING for the range of planted elevations within the LSPA; d. A plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; e. Planting locations of selected plants. B. Operational requirements: Littoral shelf planting areas shall be maintained according to the following requirements: 1. Eighty percent vegetative coverage of the LSPA is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit within the LSPA will be counted towards this coverage requirement except as required per section 3.05.10 B.2 below. The LSPA must be kept free of refuse and debris. Page 47 of 80 ___~K__.'_" -- --- 2. Prohibited exotics and nuisance species shall be removed as they occur, manually or with U.S. Environmental Protection Agency approved herbicides. Prohibited exotics are those species as listed in this section 3.05.08. For the purpose of this section, nuisance species include those species listed as Class I and Class II Prohibited Aquatic Plants specified in Chapter 62C-52.011, Florida Administrative Code. Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides when they exceed ten percent coverage of the required LSPA area. C. Application to existing lakes. All previously approved projects shall meet the operational requirements required in section 3.05.10.8. above. 1. Projects approved and constructed according to previous standards may have to meet the new standards if the littoral shelves are no longer functioning, subject to the following criteria: I a. The amount of planted area shall be the same as. that required in the original approval; I I I I b. The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in section 3.05.10 A.3. The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.10 A.2. c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8: 1 requirement of section 3.05.10 AA shall not be required. d. Plant selection and specifications shall conform to section 3.05.10 A.5; e. Signage of the planted littoral areas shall be required subject to section 3.05.10 A.6. 2. For amendments to approved excavations where the proposed amendments will modify the previously approved lake SHORELINE or increase the previously approved lake area, signage of the planted littoral areas shall be required subject to section 3.05.10 A.6. a. For amendments that modify less than 20 percent of the previously approved SHORELINE but increase the previously approved lake area, only the additional portion of the lake shall Page 48 of 80 be used to calculate the additional LSPA area using the percentage requirements of 3.05.10 A.1. (See figure 1 below) This additional LSPA shall conform to the design requirements of 3.05.10 A. b. For amendments that modify 20 percent or more of the previously approved SHORELINE, the total lake area shall be used to calculate the LSP A area using the percentage requirements of 3.05.10 A.1. (See figure1 below) The LSPA shall conform to the design requirements of 3.05: 1 0 A. Page 49 of 80 -- ,.,. ;3 !d 1 .~1' . ""..-- .r '" .....~ \ J ; ......,..__...__..r . _._~ ... .- ... -- .... ftlr ..,.-.,-, tW 'q'"i.lft......c." ... ... - ~;;f'" -~.. "...it.... ,c" ~ ' __ ,... ..., . ~...... . ~ ~............ ~....4 J. ........ ~.... ~ ~ J ; "' ~ .... ... .r "., , - -...i -- I ........ . -.. --- " - - - - . ..'W. jlWiri\.. _,_ ,.. -,.~'...... =t. ....I~.-..,.~ II.p ,..,.,. ~ Ikf\-.I. 1ItIt........ N ... ~ ,. __ r .1........ L.lR'A......... tit. pata--., -, . ... If' t..... -I of Figure 1 Page 50 of 80 D. EXEMPTIONS. Lake excavations activities which are lawfully permitted and used for AQUACULTURE shall be exempt from the LSPA requirements. Lake excavation activities subject to the Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt from the LSPA requirements but shall otherwise be required to fbllow the mine reclamation requirements required in the Code of Laws of Collier County. Exempted lake excavations that are modified to allow the lake to function as a wet detention pond as part of a stormwat~r management system shall no longer be exempted from this section and shall meet the standards contained herein at the time of modification. 3.06.00 GROUNDWATER PROTECTION 3.06.01 Purpose and Intent A. The purpose of this section is to establish standards, regulations, and procedures for the review and approval of existing and proposed DEVELOPMENT within mapped wellfield protection zones in the unincorporated area and the incorporated areas of the County. The standards and regulations of this section shall be implemented to protect existing and future weifields, protect natural AQUIFER system recharge areas, protect Countywide groundwater resources, and to protect the public health and resources through regulation and establishment of standards for DEVELOPMENT involving the use, storage, generation, handling, and disposal of quantities of HAZARDOUS PRODUCTS and HAZARDOUS WASTE in excess of identified quantities, disposal of sewage and effluent, stormwater management, earthmining, petroleum exploration, SOLID WASTE, and other related aspects of land use and DEVELOPMENT. B. It is the intent of the BCC that this section implement and be consistent with the Collier County GMP. Implementation will provide for the long- term protection of the County's groundwater resource, and through the management of those land uses and DEVELOPMENTS within wellfield management special treatment overlay zones and Countywide groundwater protection zones, ensure short-term protection. This section is intended to be consistent with principles of property rights, as balanced with the health, safety, and welfare of the general public. C. In order to protect the County's potable groundwater resources, this section establishes Countywide groundwater protection standards, implemented through a Countywide groundwater protection zone, and a series of wellfield risk management special treatment overlay zones around identified public water supply wellfields. These special treatment overlay zones and groundwater protection zone form the basis of land use management prohibitions and regulations to reduce or eliminate the potential for groundwater contamination from specified land uses and activities. 3.06.02 Protected Public Water Supply Wellfields Page 51 of 80 "--~~-~ M_'W .-.- A. The public water supply wellfi.elds, identified in section 3.06.06 and permitted by the SFWMO for potable water to withdraw a minimum of 100,000 average gallons per day (GPO), are identified as protected wellfields, around which specific land use and activity (regulated DEVELOPMENT) shall be regulated under this section. B. There are hereby created wellfield risk management special treatment overlay zones around each existing public water supply wellfield permitted by the SFWMO, to. ~ithdraw a minimum of 100,000 average gallons per day or more. These wellfield risk management special treatment overlay zones are generally depicted on wellfield protection zone maps and are made a part hereof as Illustration 3.06.02 A. Wellfield risk management special treatment overlay zones shall be supplemental to existing and future zoning and land use regulations, and shall not be deemed to permit or authorize any use or activity not otherwise permitted in the underlying zoning district or allowable in the underlying future land use designation. Illustration 3.06.02 A. I I I I Page 52 of 80 COlliER COUNTY UTiliTIES WEllFIElD .......... ...... ,I II .. .,' .. .. ", ! " ...i.. ~ _r -~-_.. v - "" ~ J \ ' ":" '"J R .. .. / / J / / V .. .. /.. -.. <,.. ... / / ,-.. \ 1\ I I . l I I I / ~J! ~ \ \ ~ I. U · , .) < .'.' J....__~H i )) ( ),~ l :~ ~___ I . Y I " il..,\ ,.._\ I .]~ "...-J! I}'}; . / I II III, I) 'f -- Ii . ' · ~ q~1 f-Jt : I I I I( /' -~ ( I!. ~.-1 ~ '\ j II_ I I I ,( Ii ~!1 '\ f- i' I..., f ~ i I'-~~r:r ( "1' 1]\ 17 '-~-S; ~'--~ t\ '. > f ~ / I i I i I "'" ~ ( .. / .. I ..,) "\,,,,\,- <=- j . j I · \\ ~~ · / . . /. .)~ I I" ......~ . ".. - I .. .. .. . ..._~." . _w ~W--.;;;. .-. WOo, ww.. ___.;;;.. ______.. ___ ..,_ ~.'!...  ( Replaces map entitled Collier County Utllltes ) Page 53 of 80 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE WATER TREATMENT PLANT WELLFIELD --'- 23 24 - - -=-a:_ I I 25 .- - ! .....: ; L-_______ ~~ \. MERSTATE. 71 ~"'~ I U r-'-Q['~- .._-_.-:::->~~! I " 35 ~ 3J,f"',. .. --.... '___.... " .~ 36 r !~' g ~., ,': ! .~" -'.. 'y;::=:. "" "Jf , ..-t ~ ~E '" ......... I ~ \i 11. .__ .......... '=0"'\ .r4 J ~ ,.. :=4_ '. r---- ......-.~ !...." 'f~' " II Dl~l - -_....., i'{" ,it ,,~i, ~.~ !' i' . ~ ~ (. ~"_,...._ _"_. ! ,~,r..;) ~:-;::t.~ ROAD : (CJl 851) H Y"'?' : -c;{~....i_",,i' , . _ -"'. _ -..::::::::-_ ....- " ( Replaces untitled map of Florida Cities (Avatar) Wellfleld ) Page 54 of 80 COASTAL RIDGE WELLFIELD ."..-t=:l~t::=l ~--i ...~,.iri '. L..i' d~ "1:\ ;-- "~---f I H l l.r" - 0, ~ ~ 34 l\'''', f , -"~ ' ~, ~ ~~~___ J ~\, 11 ...,. ~ l --;-- . '.p. ~':~'.~._~ =r"'~~xl~-. ~&;j;I! 311 '1\ 1'l..,J>-,.(1 \. ,"",...... ,;~,J:,./i ~I' ':,.." I "'" I { \-If. \ ,......, ~,,~, ',,- JOIj ., " .I ""- ';~;&1 ;.~./. ~"" 'l '4 lJ~ 1'" ' . -4 ~~.... ....., '- , .....-, 1/i .. ; . ' ~ J\ 'f:- '.. 'i~ 'r!" ~ ""I : ." ~~ ~T__IlCf. : _3:s:;"\ ;'. r ~<'il fj ,;~J 'If , L..n,~"" rr-1 I (?l\ ~)' \ i\ ,~...:t-l ~,,~ II '*') I ~~ J;:l!I 7TlI(iJ....~ 1 I \\ { ;. ~~ ~ '/~f )'}' "'r--D .J~ll '\ \ )~ 4 E.~g! r"'.1 \{ ~~ .~Y';J.d- ,] \ ~ i i \ It ""< 11" . h 2 ...---: I " <.... I '\" 6 ":::'; ",~"'J:' = -1/' t')l II.' . 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( .~ I '.~ ~\" ':'1':::'1 I r-T "fl<<- I 1:-\.. '-, ,.J""'V, , I J, i' II 1'1' ... ..... , I"" ... ,../., ~ "'>'.; lJi"rE'D1, !'~ ,II \ ~ J , 2 3l,t:., ~, , ,~ I\Z4 \{ _j O. ~J.. ~ Ill, =i{ ?lii-:....--~. 'J.i ~ I~~, 'I)' .~, , l' _#. I j~ ;!C~ll, '!I~ hli~F~. ~l r I! n ~ ~ ! 'Ii, ! l I, '~l II ,~ (1 ~ .......;:~ f-8.J r- l ,If: ,I I~ ~ ,~~ 1\.1 I I ~ F', -,.,.,~..., .! I . ' ! I \, ~ ~ ill : .. '-,f"--.-r 11-+-I nli~b \ LJ 1 i " , ~ i!I 'J.- f4 ,.)~~, )t, ~~~~,[I ::-- "1 , : , fJ' ,.2 .....I' a , ,1'1 ~ l \ :,' .!'~l;~' ,.7,1 f-1~4- t,. i ___.:1.' " , (CA'" 2' "JIJ i ,",\ ., ~~]i'"':t=J ,"'T j.27 7 ___,...-v _". ~ " ' \,,..~~ ." -,.. '-26_- ir 301 ~ ~ <. .'......,,; II J '" ~.:1<J ;f ~.. l i; I :,,' I ! ,...,., ,'. ':0;'....,..... 1 __~P' --.... ~ ' I I " '~,. ':~ ..""""'" ~ 1 Ii . , ': Ii ~.~J\:I\___ --'1 _ -<! ~ I . \. \,.;I"'~,~ \ ' - I ., 1";-Y11ol1_( I I I \1 \./i ~ti:l-<' .:i f" . r " ,'I' ~ "l",1,'" " I I' r\~~~ , " .~~ \'i\. ' '<,L.., ..L- f II ' ./-J I v.~ l' , ~ )j' '.. ........ ~\ ,.;, - ,. q ~ """'--'i "!" \. J. 31 1 ii', \\1 _ ~ , ~,>.a JJ \\~ .:.---- ------ -Jr-t w~ I ~. J~~ 134 l ~ :J~ ..Ii'L\ ! '-_ :, -", ,-. :....',.t.. _~ "'?' "I t ,'- _..-J"~z-, -, ',....., ~,~ .. I , I,'" .' I '~,' =-, '~I "'", ~. i1 t := (=:. ' 1WlI01IOMJtt:J..J . lo~! ( Replaces map entitled Coastal Ridge) Page 55 of 80 __H '~."_ .._~. ~.___, EAST GOLDEN GATE WELLFIELD 0I.waJ._ fCJl._ lij , ......_ lCJl.", 24 " II ~I---. 21 22 '~,. ,/ ~ l( \: /! ~ I\. J[-= ->>a-awWil"'lf '/ /""~ '" ii/II / / (' ') \ \ i 21 ! ~ ~/; ) 2t ( ') 21 ........... j : I,> \ \ }: ==<;- , fi 7 i; j ~ 1 u ! ~j 11 \ I (Ii ' I ,!II J6 3'\ I J2) < J J3 1 I! ) 34 II '\ i ~ ,\ J)) '! II"'" Ii / ~ rl \\...... '" I \ Ii ~:-\. l?l \{,< ~ I \ Ii I " \ ((','\\ ?, t\ '1 ',', -\ \ I \ · l' >)"~ '14 Ii \ 3 I! \ \ '-- I' / ~ I c; II \ OC!l.EIINeA..._....., /! J I I I ~ \ ";;-"'111 \ - !f ", ~ ~ \) ) 1.\- 11--, I Y --= j .J ;>)\ '; · ~~ 11 ) ) ) I ! "2 _J \ < I ! 7 Ii ) ,. I J · , 10 ill, \. > ))) Ii ; I'} ( " ,I .< JI \ '> J I J II ~-1. II I ~)~ (~ II 13 =,,: ~< 'ly l t' I IS .. \ 'I I \" ) )' I ./- \1' \ \1......../1/ 1 1" "'- "-' I) : J . 2' " r \:IlI I~ 22 ! : \... / Ii I "'"_ -4 __ ( Replaces map entitled East Golden Gate Wellfleld ) Page 56 of 80 ORANGE TREE WELLFIELD ~ i H --.J - i ' IHI i II ~ f="~, I - - --- -it- - I~ ~I 12 I ," " 7 I: 10, ~ l!l --_ =ij'-----~."" I , I i ~ I i ij n ! " H i: ~ I !' ... ~! ~ H n t I ..- __lIl.1t.l1l1o.-.. 13 18 15 . " i "-='4~=l" ..--. '.:... if .';. I",. 01. WEll. RCW) (C.R. III) !l I , : I; ]1 ';;":-U-,i~:-Y- Ii ,f: !il; "~.:::/ )1.j) , ~,' ,\0/ , '" ""1 " ' 'J \', Ii u U ~-:. ~ '..",/' Ii I ~ ' Ii 22 ~ 23 24.. _ 19 ~; I ~ ~. " I I I. ", i ~ ~ .~! "jr : , ~ ,;' 1\ ! ~..J' / \\ : ---r k".! \) i "-'''''-/ . " "'" "..... . ---", ~ BOuti.iMo ",.. "" ( New map) Pag8 :5.7 of 80 IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS i: Ii II: I' 17 ~! : 21 23 It I I 1\ Ii II I, i :xJ 211 _ 'v_ a !> .~'t ~~ ,,-:c ~ ~~~~ .... . ,,: 10 11" ~i 7 a ~ U~.: --"'- ( Replaces untitled map of Immokalee Wellflelds ) Page 58 of 80 EVERGLADES CITY WELLFIELD I \ 35 36 31 32 ~~,__ '. ,~NIC .~\ \i\\ ". '\ 5 2 \~ 1 ~~ \ --, 12 7 11 8 \\ 1\ II i\ ( Replaces untitled map of Everglades City Wellfield ) Page 59 of 80 -- - 3.06.03 Description and Basis of Wellfield Risk Management Special Treatment Overlay Zones Wellfield risk management special treatment overlay zones are derived from the three-dimensional computer-modeled analysis of groundwater flow and solute transport in the County's freshwater AQUIFER system, as prepared and presented in a study commissioned by the County and known as the nThree-Dimensional Simulation of Wellfield Protection Areas in Collier County, Floridan (Voorhees and Mades, 1989) (the three- dimensional wellfield study). A. Wellfield risk management special treatment overlay zone W-1 (zone W-1). The land area between an identified wellfield and the five (5) percent groundwater capture zone, approximating the one (1) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.0e.02 A, which area shall be protected from the DISCHARGE or accidental release of contaminants from a sanitary hazard or other contaminant source, including the DISCHARGE or accidental release of HAZARDOUS PRODUCTS and HAZARDOUS WASTES. \ B. Wellfield risk management special treatment overlay zone W-2 (zone W-2). The land area between zone W-1 and the ten (10) percent groundwater capture zone, approximating the two (2) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which area shall be protected from the discharge or accidental release of contaminants, including from a sanitary hazard or other contaminant source and the discharge or accidental release of HAZARDOUS PRODUCTS and HAZARDOUS WASTES. C. Wellfield risk management special treatment overlay zone W-3 (zone W-3). The land area between zone W-2 and the twenty-five (25) percent groundwater capture zone, approximating the five (5) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which area may be protected from the discharge or accidental release of specific contaminants, including the discharge or accidental release of HAZARDOUS PRODUCTS and HAZARDOUS WASTES. D. Wellfield risk management special treatment overlay zone W-4 (zone W-4). The land area between zone W-3 and the 100 percent groundwater capture zone for the twenty (20) year planning limit, which is the twenty (20) year wellfield risk management special treatment overlay zone boundary, as shown on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which area may be protected from the discharge or accidental release of specific Page 60 of 80 contaminants, including the discharge or accidental release of HAZARDOUS PRODUCTS and HAZARDOUS WASTES. 3.06.04 Groundwater Protection A. There are hereby created groundwater protection special t~eatment overlay zones, as generally depicted on the wellfield risk management special treatment overlay zone maps, Illustration 3.06.02 A. These groundwater protection special treatment overlay zones reflect wellfield risk management zones W-1, W-2, W-3, and W-4;' areas of high natural AQUIFER recharge in the County (ST-NAR), ,and the natural recharge areas of the County that require minimum groundwater protection and within which future public water supply wells may be located (GWP). 8. Wellfield risk management special treatment overlay zones, high natural AQUIFER recharge special treatment zones (ST-NAR), and groundwater protection special treatment overlay zones shall be supplemental to existing and future zoning and land use regulations, and shall not be deemed to permit or authorize any use or activity not otherwise permitted in the underlying zoning district or allowable in the underlying future land use designation. C. The high natural AQUIFER recharge special overlay zones (ST-NAR) and the groundwater protection zones (GWP) are based upon: 1. Those portions of the County identified as areas of high natural AQUIFER recharge to the surficial and intermediate AQUIFER systems (ST-NAR). 2. The susceptibility of the surficial and intermediate AQUIFER systems in the County to contamination resulting from surficial activities and the need for protection of the groundwater resource as a future public water supply (GWP). D. High natural aquifer recharge areas (ST-NAR). These areas have not yet been defined. The prohibitions and regulations for this special treatment overlay zone shall be based upon the determination and designation of those portions of the County that naturally function as high natural recharge areas to the surficial and intermediate AQUIFER systems. Upon identification of ST-NAR areas, pursuant to these regulations, shall be amended to include the ST -NAR special treatment overlay zone where appropriate. E. Groundwater protection area (GWP). All of the County provides natural AQUIFER recharge to the water table AQUIFER, and the potential for natural AQUIFER recharge to the unconfined or semi-confined portions of the Lower Tamiami and Sandstone AQUIFERS. Natural AQUIFER recharge from the water table AQUIFER constitutes approximately eighty (80) percent of the recharge to the Lower Tamiami AQUIFER on a regional basis. That area of the County, excluding W-1, W-2, W-3, W-4, and ST-NAR, shall be provided with a minimum level of groundwater protection and shall be designated as GWP. Page 61 of 80 - ----------_...,..-- --......- 3.06.05 Annual Review of Zones The wellfield risk management special treatment overlay zone maps, Illustration 3.06.02 A, shall be reviewed by the BCC on an annual basis, or more often as may be determined by the County Manager or designee in his discretion upon the occurrence of: A. Changes in technical knowledge concerning the understanding of groundwater hydraulics, as applied to the hydrogeology of applicable AQUIFER systems in the County. B. Changes in the permitted withdrawals from the identified wellfield(s). C. Reconfiguration of identified wellfields. D. The designation of new wellfield(s) as protected under this section. E. Availability of any other technical or scientific information relative to the AQUIFER systems in the County. 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. East Golden Gate Wellfield. B. Coastal Ridge (Goodlette Road) Wellfield. C. Collier County Utilities Wellfield. D. Everglades City Wellfield. E. Florida Governmental Utility Authority Golden Gate Water Treatment Plant Wellfield. F. The Orange Tree Wellfield. G. Immokalee Water and Sewer District wellfields drilled into the Lower Tamiami AQUIFERS and Sandstone AQUIFERS. 3.06.07 Unregulated Wellfields Wellfield risk management special treatment overlay zones, as defined in section 3.06.03 and the criteria specified in 3.06.12, shall not be applied to Port of the Islands Wellfield. 3.06.08 Determination of Location Within Wellfield Risk Management Zones In determining the location of regulated DEVELOPMENT within the wellfield risk management zones, the following rules shall apply: A. Regulated DEVELOPMENT located wholly within a single wellfield risk management zone, as reflected on the wellfield risk management special treatment overlay zone map(s), shall be governed by the restrictions applicable to that zone. B. Where a boundary between two (2) ADJACENT wellfield risk management zones, as reflected on the wellfield risk management special treatment overlay map(s), passes through the STRUCTURE of a regulated DEVELOPMENT, the entire STRUCTURE and regulated DEVELOPMENT shall be considered to be in the more restrictive zone. Page 62 of 80 C. Where the site of a regulated DEVELOPMENT lies within two (2) or more wellfield risk management zones, as reflected on the wellfield risk management special treatment overlay map(s), and the structural or activity portion of the site may be confined to one (1) of the zones, then each portion of the regulated DEVELOPMENT shall be governed by the restrictions applicable to the applicable overlay zone in which the portion is located, so long as the owner and/or operator provides reasonable assurances that a discharge or accidental release will be prohibited from entering the more restrictive zone. 3.06.09 Protection of Future Wellfields A. Wellfield risk management zones shall be established around those future public water supply wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the surficial AQUIFER system. B. Future public water supply wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the intermediate AQUIFER system shall be evaluated on a case-by-case basis to determine the applicability of wellfield risk management zone delineation. C. Wellfield risk management zones shall not be established for those future public water supply wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the Floridan AQUIFER system. D. All regulated DEVELOPMENT within the wellfield risk management zones of the future public water supply wellfields shall comply with the regulations and standards of construction of section 3.06.12 and section 3.06.13 hereof, which incorporate, by reference, the state1s groundwater standards of nondegradation and enhancement of groundwater. 3.06.10 Effect of SETBACKS and BUFFERS from Sanitary Hazards as Promulgated and Adopted in the Florida Administrative Code The Florida Administrative Code, establishes minimum SETBACKS and BUFFERS between the placement of identified sanitary hazards and public potable water supply wells. The location of the following regulated DEVELOPMENT and associated activity shall be subject to the minimum SETBACK and BUFFER requirements as promulgated and adopted by the DEP, and incorporated herein by reference. For reference purposes only, the applicable SETBACKS from potable water wells on the effective date of this section [November 18, 1991] are as follows: A. Domestic WASTEWATER treatment plant outfall, as regulated under the Florida Administrative Code, shall discharge not less than five 500 feet from an approved, but not yet constructed, potable water intake. Page 63 of 80 --.--.., ---~ ._- - ._~, c._. B. Application of sludge, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from a shallow public water supply well, as defined in the Florida Administrative Code. C. The edge of the wetted area used for the application and reuse of reclaimed water, as regulated under the Florida Administrative Code, shall be no closer than seventy-five (75) feet from an existing or HRS-approved potable water supply well; and reclaimed water transmission facilities sha,II. be no closer than seventy-five (75) feet from a potable water supply well. D. The edge of the pond, basin, or trench embankment used for a rapid rate land application system, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from an existing or HRS-approved potable water supply well, or 200 feet if conditions specified in the cited rule are met. E. The edge of a reuse absorption field, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from an existing or HRS-approved potable water supply well, or 200 feet if conditions specified in the cited rule are met. F. The edge of the wetted area used for effluent disposal by overland flow, as regulated under the Florida Administrative Code, shall be no closer than 100 feet from an existing or HRS-approved po~able water supply well; and a reclaimed WASTEWATER transmission facility, as regulated under the Florida Administrative Code, shall be no closer than 100 feet from a public water supply well. G. Domestic WASTEWATER residuals land application, as regulated under the Florida Administrative Code, shall be no closer than 500 feet from any shallow public water supply well. H. Dairy farms, regulated under the Florida Administrative Code, shall maintain a 300 feet separation between storage and treatment or high intensity areas and a drinking water supply well; and shall maintain a separation of 200 feet between land application of WASTEWATER and a drinking water supply well. The land application of egg wash WASTEWATER, as regulated under the Florida Administrative Code, shall be no closer than 200 feet from a drinking water supply well. I. Disposal of SOLID WASTE, as regulated under the Florida Administrative Code, is prohibited within 500 feet of an existing or approved shallow water supply well, unless the disposal meets the standards of the Florida Administrative Code. J. Any other applicable SETBACK and BUFFER from a drinking water supply well required by state or federal regulations shall be applicable to any new or substantially modified regulated DEVELOPMENT after the effective date of this section [November 18, 1991]. 3.06.11 Exempted DEVELOPMENT Page 64 of 80 The following legally existing and future DEVELOPMENT is deemed by the BCC to be exempt from the prohibitions, regulations, and standards of construction established by this section as set forth below. These exemptions shall not be construed, or otherwise interpreted to, exempt that DEVELOPMENT prohibited or regulated in section 3.06.12 hereof. A. Wellfield exemption. A wellfield exemption for a particular DEVELOPMENT shall not automatically expire so long as the DEVELOPMENT meets the criteria of this section. An exemption for a particular DEVELOPMENT shall be subject to revision or revocation, pursuant to the procedures in Chapter 10. 1. The transportation of any HAZARDOUS PRODUCT or HAZARDOUS WASTE shall be exempt from the provisions of this section, provided that the transporting motor vehicle is in continuous transit. This exemption shall not be construed to prohibit the delivery of a HAZARDOUS PRODUCT or the temporary stop of such motor vehicle for such period of time as is necessary for refueling, emergency repairs, and driver comfort. 2. The use of any petroleum product solely as a fuel in a vehicle1s fuel tank or as a lubricant in a vehicle shall exempt the vehicle from the provisions of this section. 3. The use of fertilizers containing nitrates shall be generally exempt from this section. 4. The activities of constructing, repairing, or maintaining any facility or of facility improvement shall be exempt from the provisions of this section, provided that all contractors, subcontractors, laborers, materialmen, and their employees or agents, when using, handling, storing, producing, transporting, or disposing of HAZARDOUS PRODUCTS or HAZARDOUS WASTES, continuously use industry standard best management practices to ensure that HAZARDOUS PRODUCTS, HAZARDOUS WASTES, or other contaminants are not discharged or accidentally released. 5. Application of pesticides, herbicides, fungicides, and rodenticides in any nonresidential pest control and aquatic weed control activity shall not be required to obtain a certificate to operate under this section provided that: a. The application of pesticides, herbicides, fungicides, and rodenticides is in strict accordance with federal requirements , and as indicated on the containers in which the substance is sold or stored. b. The use of pesticides, herbicides, fungicides, and rodenticides is in strict accordance with the requirements of the Florida Administrative Code. 6. Emergency generators that are accessory to a public utility, and which will provide emergency electrical power to ensure a continuous supply of a public benefit, including, without limitation, a public potable water supply, natural gas, sewer service, and Page 65 of 80 .~.~.._~.,."_.,-~._--~---,._. -.--'- telephone service, shall not be required to obtain a certificate to operate, so long as the state-mandated SETBACKS and BUFFERS as may be set forth in the Florida Administrative Code, and incorporated by reference in section 3.06.10 hereof, are met and maintained. Emergency generators that are accessory to ESSENTIAL SERVICES, such as elevators in CONDOMINIUMS, HOSPITALS, and other publicly accessed places, and which are connected to fuel storage tanks of less than 110 gallons, shall be exempt from regulation under this section. 7. Retail sales establishments that store, and handle for resale, HAZARDOUS PRODUCTS in the substance's original and unopened individual containers, of not more than five (5) gallons or fifty (50) pounds, shall not be required to obtain a certificate to operate. 8. Electrical power transformers that are necessary equipment to the operation of electric power utilities, which deliver essential electric service of a public benefit, including both distribution and substation power transformers, shall not be required to obtain a certificate to operate, so long as the state-mandated SETBACKS and BUFFERS as may be set forth in the Florida Administrative Code, and incorporated by reference in section 3.06.10hereof, are met and maintained. B. The continued wellfield exemption status of a regulated DEVELOPMENT shall be dependent upon compliance with the criteria of section 3.06.11 (A) and this section. In order to ensure compliance with the criteria of section 3.06.11 (A), the County may inspect the premises of the regulated DEVELOPMENT at reasonable times and after reasonable notice and consent of the owner and/or operator. Where consent has been withheld, the County may obtain an inspection warrant in the same manner as provided for in ~403.091, F.S. Agents of the County shall be provided with official identification, and shall exhibit this identification prior to any inspection. 3.06.12 Regulated DEVELOPMENT A. Generally. 1. Unless otherwise exempted from compliance with this section, it shall be unlawful to substantially modify, replace, or maintain an existing regulated DEVELOPMENT, or to commence the operation or construction of the following regulated DEVELOPMENT in violation of the standards set forth in this section. 2. All existing regulated DEVELOPMENT, unless otherwise expressly provided herein, shall have been constructed and permitted in accordance with applicable local, state, and federal law and regulations. All existing regulated DEVELOPMENT meeting these criteria is deemed to be legal NONCONFORMING regulated DEVELOPMENT which shall, within one (1) year of the effective date of this section [November 18, 1991], come into compliance Page 66 of 80 with the standards for existing regulated DEVELOPMENT as provided in this section. 3. All existing regulated DEVELOPMENT not constructed and permitted in accordance with applicable local, state, and federal law and regulations, is deemed to be illegal NONCONFORMING regulated DEVELOPMENT and shall, within one (1) year of the effective date of this section [November 18, 1991], come into compliance with the standards for future regulated DEVELOPMENT as provided in this section. B. Existing SOLID WASTE DISPOSAL FACILITIES. 1. All existing SOLID WASTE DISPOSAL FACILITIES shall have met the applicable state-mandated SETBACKS and BUFFERS as adopted in the Florida Administrative Code and incorporated by reference in 3.06.10 hereof. 2. In zones W-1 and W-2, the OWNER and/or operator of an existing lawful NONCONFORMING SOLID WASTE DISPOSAL FACILITY shall: a. Monitor discharges to groundwater as provided under the Florida Administrative Code. b. Comply with the operating criteria established under the Florida Administrative Code. c. Submit to the County copies of all groundwater monitoring reports and other operational reports, as may be required by the DEP on a quarterly basis, or as submission may otherwise be required by the DEP. 3. In zones W-3, W-4, and GWP, existing SOLID WASTE DISPOSAL FACILITIES are not regulated under this section. C. Future SOLID WASTE DISPOSAL FACILITIES. In zones W-1, W-2, W-3, and W-4, future SOLID WASTE DISPOSAL FACILITIES are prohibited. In the GWP zone, future SOLID WASTE DISPOSAL FACILITIES are prohibited in the absence of a wellfield CONDITIONAL USE permit. D. Existing SOLID WASTE TRANSFER STA TIONS. 1. In zones W-1, W-2, W-3, and W-4, the continued operation of a lawful NONCONFORMING SOLID WASTE TRANSFER STATION shall be allowed after the effective date of this section [November 18, 1991] upon the owner and/or operator of such facility obtaining a certificate to operate from the County, which shall include the following conditions: a. Compliance with the operating criteria established under the Florida Administrative Code. b. The owner and/or operator shall submit copies of all groundwater monitoring reports and other operational reports, as may be required by the DEP on a quarterly basis, or as may otherwise be required by the DEP. Page 67 of 80 -~.- '-- ~ c. The owner and/or operator shall report any discharge or accidental release of contaminants to the County within twenty- four (24) hours of discovery. 2. In the GWP zone, existing SOLID WASTE TRANSFER STATIONS are not regulated under this section. E. Future SOLID WASTE TRANSFER STA TIONS. 1. In zones W-1, W-2, and W-3, future SOLID WASTE TRANSFER STATIONS are prohibited. 2. In zones W-4 and GWP, future SOLID WASTE TRANSFER STATIONS shall operate pursuant to a certificate to operate issued by the County, subject to compliance with the following criteria: a. Compliance with the operating criteria established under the Florida Administrative Code. b. The owner and/or operator shall submit copies of all groundwater monitoring reports and other operational reports, as may be required by the DEP on a quarterly basis, or as may otherwise be required by the DEP. c. The owner and/or operator shall report any discharge or accidental release of contaminants to the County within twenty- four (24) hours of discovery. F. Existing and future SOLID WASTE STANDARD CONTAINERS and SOLID WASTE BULK CONTAINERS. 1. In zones W-1 and W -2, all SOLID WASTE STANDARD CONTAINERS shall be constructed of a leakproof and nonabsorbent material, with handles, provided with a closely fitting watertight cover. 2. In zones W-3, W-4, and GWP, SOLID WASTE STANDARD CONTAINERS are not regulated under this section. 3. In zones W-1, W-2, W-3, W-4, and GWP, all SOLID WASTE BULK CONTAINERS shall be constructed of a leakproof and nonabsorbent material, and fitted with a rainproof lid or cover. G. Future SOLID WASTE storage, collection, and recycling facilities. 1. In zones W-1, W-2, W-3, W-4, and GWP, storage, collection, and recycling facilities, that do not handle HAZARDOUS PRODUCTS or HAZARDOUS WASTES, are not regulated under this section. 2. In zones W-1, W-2, and W-3, future SOLID WASTE storage, collection, and recycling facilities that will handle HAZARDOUS PRODUCTS and HAZARDOUS WASTES shall be prohibited. 3. In zones W-4 and GWP, future SOLID WASTE storage, collection, and recycling facilities are not regulated under this section. H. Disposal of hazardous waste. In zones W-1, W-2, W-3, W-4, and GWP, the disposal of any hazardous waste, or constituent thereof, in an existing or future landfill or other land disposal.system is prohibited. I. Existing and future nonresidential use, handling, storage, generation, transport, or processing of HAZARDOUS PRODUCTS. Page 68 of 80 1. In zones W-1, W-2, and W-3, future non residential DEVELOPMENT and the continued operation or use of existing nonresidential DEVELOPMENT, which, at any point in time, uses, handles, stores, generates, transports, or processes HAZARDOUS PRODUCTS that are not gaseous at 105 degrees Fahrenheit and ambient pressure, and are not in quantities that exceed 250 gallons for liquids or 1,000 pounds for solids, shall be allowed pursuant to tbe owner and/or operator of such DEVELOPMENT obtaining a certificate to operate issued by the County. The certificate to operate shall incorporate the following conditions: a. Existing nonresidential regulated DEVELOPMENT shall implement a detailed containment plan, approved by the county manager, and providing for containment of the HAZARDOUS PRODUCT(S) which will provide for absorption of not less than an equivalent volume of the HAZARDOUS PRODUCT(S), or provide for secondary containment with a volume of at least 110 percent of the largest container; or other comparable method to manage discharges or accidental releases and prevent contact with the land or waters constituting or connected to waters of the state as defined in Chapter 403, F.B. Liquid HAZARDOUS PRODUCTS in tanks with a capacity of greater than 250 gallons must be stored in secondary containment with a volume of at least 110 percent of the largest container, plus the displacement of that and any other tank(s) within the containment area. Rainwater may not exceed ten (10) percent of the volume in the secondary containment area at any time. b. Future nonresidential regulated DEVELOPMENT shall implement a detailed containment plan, approved by the County Manager or designee, in accordance with the standards set forth in subsection (1 )(a) hereof, with the exception that the future regulated DEVELOPMENT shall provide for both the containment and absorption of HAZARDOUS PRODUCTS. c. HAZARDOUS PRODUCTS must be removed from the secondary containment within twenty-four (24) hours of the discharge or accidental release. d. Submittal to the County of a fire plan approved by the local fire district. e. Upon discovery of any discharge or accidental release, implementation of a detailed contingency plan, approved by the county manager, which shall describe the actions to be taken by the owner and/or operator in the event of a discharge or accidental release of a HAZARDOUS PRODUCT under this section,. Actions shall include first response steps to control and prohibit the discharge or accidental release of the HAZARDOUS PRODUCT; remedial actions consistent with Page 69 of 80 --- "'-."---~ applicable state and federal laws; and proper disposal of the HAZARDOUS PRODUCT. Emergency telephone numbers shall be provided for local and state response units, and the owner and/or operator's designated emergency response personnel. The plan shall demonstrate compliance with the applicable state and federal regulations. The County shall provide forms for reporting of discharges or accidental releases. f. The owner and/or operator of the facility shall report, to the County, discharges or accidental releases exceeding fifty (50) gallons including: date, time, product discharged or released, control measures used, quantity of product discharged or released, and disposition of recovered waste, within forty-eight (48) hours of the discharge or accidental release. g. Annual inspections. 2. In zone GWP, all future and existing non residential DEVELOPMENT involving the use, handling, storage, generation, transport, or processing of HAZARDOUS PRODUCT below the thresholds stated in section 3.06.12(1)(1), and all future and existing nonresidential DEVELOPMENT in zones W-4 and GWP involving the generation or storage of hazardous waste at or above the thresholds stated in section 3.06.12(1)(2) hereof, shall not be required to obtain a certificate to operate, but shall comply with the following: a. No HAZARDOUS PRODUCT shall be discharged or released to any stormwater treatment system. b. No HAZARDOUS PRODUCT shall be discharged or released to anyon-site sewage disposal system not permitted for industrial or manufacturing use. c. No HAZARDOUS PRODUCT shall be discharged or released to any WASTEWATER treatment system not permitted for industrial waste. d. No HAZARDOUS PRODUCT shall be discharged or released to the surface of the land or into any water constituting or connecting to waters of the state defined in Chapter 403, F.B. e. All HAZARDOUS PRODUCTS shall be retained on-site until use. f. All HAZARDOUS PRODUCTS shall be stored in rainproof and leakproof containers. g. discharges or accidental release of HAZARDOUS PRODUCT exceeding fifty (50) gallons shall be reported to the County within forty-eight (48) hours of discovery. The report shall indicate the date, time, product discharged or released, control measures used, quantity of product discharged or released, and disposition of recovered product. J. Existing and future residential use, handling, storage, generation, transport, or processing of HAZARDOUS PRODUCTS. The existing Page 70 of 80 and future residential use, handling, storage, generation, transport, or processing of HAZARDOUS PRODUCTS is not regulated under this section. K. Existing and future nonresidential generation or storage of hazardous waste. In zones W-1, W-2, and W-3, future nonresidential facilities, and the continued operation or use of existing nonresidential facilities, that generate or store HAZARDOUS WASTES, which accumulate more than 220 pounds per month or 110 gallons at any point in time, shall be allowed pursuant to the owner and/or operator obtaining a certificate to operate. The certificate to operate shall incorporate the following conditions: 1. Existing nonresidential regulated DEVELOPMENT shall implement a detailed containment plan, approved by the County Manager or designee, and providing for containment of the hazardous waste(s), which will provide for absorption of not less than an equivalent volume of the hazardous waste(s), or provide for secondary containment with a volume of at least 110 percent of the largest container; or other comparable method to manage discharges or accidental releases, and prevent contact with the land or waters constituting or connected to waters of the state as defined in Chapter 403, F.B. Liquid HAZARDOUS WASTES in tanks with a capacity of greater than 250 gallons must be stored in secondary containment with a volume of at least 110 percent of the largest container, plus the displacement of that and any other tank(s) within the containment area. Rainwater may not exceed ten (10) percent of the volume in the secondary containment area at any time. 2. Future nonresidential regulated DEVELOPMENT shall implement a detailed containment plan, approved by the County Manager or desinee, in accordance with the standards set forth in subsection (1 ) hereof, with the exception that the future regulated DEVELOPMENT shall provide for both the containment and absorption of HAZARDOUS WASTES. 3. Existing and future nonresidential regulated DEVELOPMENT shall comply with the following conditions: a. HAZARDOUS WASTES must be removed from the secondary containment within twenty-four (24) hours of the discharge or accidental release. b. Submittal to the County of a fire plan approved by the local fire district. c. Upon discovery of any discharge or accidental release, implementation of a detailed contingency plan, approved by the county manager, which shall describe actions to be taken by the owner and/or operator in the event of a discharge or accidental release of a hazardous waste under this section. Actions shall include first response steps to control and prohibit the discharge Page 71 of 80 ---- . <~- or accidental release of the hazardous waste; remedial actions consistent with applicable state and federal laws; and proper disposal of the hazardous waste. Emergency telephone numbers shall be provided for local and state response units, and the owner and/or operators designated emergency response personnel. The plan shall demonstrate compliance with the applicable state and federal regulations. The County shall provide forms fQr reporting of discharges or accidental releases. d. The owner and/or operator of the facility shall report, to the County, discharges or accidental releases exceeding fifty (50) gallons including: date, time, waste discharged or released, control measures used, quantity of waste discharged or released, and disposition of waste product, within forty-eight (48) hours of the discharge or accidental release. e. Annual inspections. 4. In zones W-1, W-2, and W-3, all future and existing nonresidential DEVELOPMENT involving the generation or storage of hazardous waste below the thresholds stated herein , and all existing nonresidential DEVELOPMENT in zones W-4 and GWP involving the generation or storage of hazardous waste at or above, the thresholds stated herein , shall not be required to obtain a certificate to operate, but shall comply with the following: a. No hazardous waste shall be discharged or released to any stormwater treatment system. b. No hazardous waste shall be discharged or released to any on- site sewage disposal system not permitted for industrial or manufacturing use. c. No hazardous waste shall be discharged or released to any WASTEWATER treatment system not permitted for industrial waste. d. No hazardous waste shall be discharged or released to the surface of the land or into any water constituting or connecting to waters of the state as defined in Chapter 403, F.B. e. All hazardous waste shall be retained on-site until disposed of in accordance with applicable law. f. All hazardous waste shall be stored in rainproof and leakproof containers. g. discharges or accidental release of hazardous waste exceeding fifty (50) gallons shall be reported to the County within forty- eight (48) hours of discovery. The report shall indicate the date, time, waste discharged or released, control measures used, quantity of waste discharged or released, and disposition of recovered waste. L. Existing and future residential generation or storage of HAZARDOUS WASTES. In zones W-1, W-2, W-3, W-4, and GWP, residential Page 72 of 80 generation and storage of hazardous waste are not regulated under this section. M. Existing and future domestic WASTEWA TER treatment plants. 1. All future and existing domestic WASTEWATER treatment plants shall have been constructed and permitted in accordance with applicable state law and regulations, and comply with the state- mandated SETBACKS and BUFFERS as adopted in the Florida Administrative Code and incorporated by reference in section 3.06.11. 2. In zone W-1, all future domestic WASTEWATER treatment plants are prohibited. The continued operation of all existing legal NONCONFORMING domestic WASTEWATER treatment plants shall be allowed to continue pursuant to the owner and/or operator obtaining a certificate to operate. The certificate to operate shall incorporate the following conditions: a.AlI applicable sampling requirements of .the Florida Administrative Code, pertaining to monitoring of influent and effluent. b. All applicable groundwater monitoring requirements of the Florida Administrative Code, pertaining to groundwater monitoring, and provide the County with copies of all monitoring reports submitted to the DEP. c. The applicable influent and/ or effluent and groundwater monitoring reporting requirements of the Florida Administrative Code, and provide the County with copies of all monitoring reports submitted to the DEP. 3. In zones W-2, W-3, W-4, and GWP, future domestic W ASTEW A TER treatment plants and the continued operation of all existing legal NONCONFORMING domestic WASTEWATER treatment plants permitted for over 100,000 gpd, shall be allowed pursuant to the owner and/or operator demonstrating compliance with and incorporating the following conditions: a. All applicable groundwater monitoring requirements of the Florida Administrative Code, pertaining to groundwater monitoring. b. On a quarterly basis, the owner and/or operator shall provide the County with copies of all current monitoring reports submitted to the DEP. N. Existing land disposal systems for domestic WASTEWA TER treatment plant effluent. 1. All existing land disposal systems for application of domestic WASTEWATER treatment plant effluent shall have been constructed and permitted in accordance with applicable state law and regulations, and comply with the state-mandated SETBACKS and BUFFERS as adopted in the Florida Administrative Code and as incorporated by reference in section 3.06.10. Page 73 of 80 ---... -- 2. In zone W-1, the continued operation of all land disposal systems for the application of domestic W ASTEW A TER treatment plant effluent shall be allowed pursuant to the owner and/or operator obtaining a certificate to operate. The certificate to operate shall incorporate the following conditions: a.AII applicable sampling requirements of the Florida Admin istrative Code, pertaining to monitoring of W ASTEW A TER effluent. b. All applicable surface, water and groundwater monitoring as required by the DEP pursuant to the Florida Administrative Code. c. Reporting of WASTEWATER effluent sampling data and surface water and/or groundwater monitoring data to the County on a quarterly basis. d. The WASTEWATER treatment and high level disinfection standards identified in the Florida Administrative Code, shall be implemented for effluent land disposal systems designed to accommodate a loading rate of 2,500 gallons per acre per day. O. Future land disposal systems for domestic WASTEWA TER treatment I plant effluent i 1. All future land disposal systems for application of domestic WASTEWATER treatment plant effluent shall be constructed and permitted in accordance with applicable state law and regulations, and comply with the state-mandated SETBACKS and BUFFERS as adopted in the Florida Administrative Code and as incorporated by reference in section 3.06.10; and must meet the high level disinfection standards as found in federal requirements. 2. In zone W-1, future land disposal systems for the application of domestic W ASTEW A TER treatment plant effluent shall operate pursuant to a certificate to operate incorporating the following conditions: a.AII applicable sampling requirements of the Florida Administrative Code, pertaining to monitoring of WASTEWATER effluent. b. All applicable surface water and groundwater monitoring as required by the DEP pursuant to the Florida Administrative Code. c. Reporting of W ASTEW ATER effluent sampling data and surface water and/or groundwater monitoring data to the County on a quarterly basis. d. The W ASTEW A TER treatment and high level disinfection standards identified in the Florida Administrative Code, shall be implemented for effluent land disposal systems designed to accommodate a loading rate of 2,500 gallons per acre per day. P. Future industrial WASTEWATER treatment plants or facilities required to obtain an industrial WASTEWATER permit. Page 74 of 80 1. All future industrial WASTEWATER treatment plants shall be constructed and permitted in accordance with applicable state law and regulations. 2. In zones W-1, W-2, W-3, W-4, and GWP, future industrial W ASTEW A TER plants and facilities subject to pretreatment standards or effluent limits for toxic pollutants, as promulgated in federal requirements, shall be permitted pursuant to a certificate to operate incorporating the conditions set forth. in subsection 3.06.12(P)(3) below. 3. In zones W-1, W-2, W-3, W-4, and GWP, future industrial W ASTEW A TER plants and facilities subject to effluent limits for conventional or other pollutants, as promulgated in federal requirements, shall be permitted pursuant to a certificate to operate incorporating the following conditions: a. The owner and/or operator shall establish an industrial pretreatment program in accordance with the applicable categorical pretreatment standards for the specific industry as developed by the Industrial Technology Division of the United States Environmental Protection Agency Office of Water Regulations and Standards. b. Provision of copies of all current groundwater monitoring reports and influent and/or effluent sampling data to the County on a quarterly basis. 4. In zone W-1, any discharge from an industrial WASTEWATER treatment plant shall meet the high level disinfection standards set forth herein . a. Existing and future collection and transmission systems. 1. All future and existing domestic and industrial collection and transmission systems shall have been constructed and permitted in accordance with applicable County, state, and federal law and regulations, and comply with the state-mandated SETBACKS and BUFFERS as adopted in the Florida Administrative Code and incorporated by reference in section 3.06.10 hereof. 2. All existing and future collection and transmission systems located within zone W-1 shall be inspected by the owner and/or operator at six (6) month intervals, and any deficiency from applicable design standards shall be brought into compliance within thirty (30) days of inspection. R. Existing and future domestic residual disposal sites. 1. All existing legal NONCONFORMING and future domestic residual disposal sites shall have been constructed and permitted in accordance with County Ordinance No. 87-79 [Code ch. 54, art. V], as may be amended or superseded, and all applicable state and federal law and regulations, and comply with the state-mandated SETBACKS and BUFFERS as adopted in the Florida Page 75 of 80 .~-- ",_.~ Administrative Code and incorporated by reference in section 3.06.10. 2. Existing domestic disposal sites not meeting the criteria for a legal NONCONFORMING use, shall within one year of the effective date of this section [November 18, 1991], come into compliance with the standards set forth in this section. 3. In zone W-1, land application of class A domestic residuals shall be permitted in accorqance with the standards of section 3.06.12(R)(5) below. 4. In zone W-1, land application of class 8 and class C domestic residuals is prohibited in the absence of a wellfield CONDITIONAL USE permit. 5. In zones W-1, W-2, and W-3, land application of domestic residual shall comply with the following criteria: a. Metal concentrations shall not exceed the thresholds set forth in the Florida Administrative Code. b. The total rate of domestic residuals applied to land shall not exceed the nitrogen uptake of the vegetation upon which the residuals are being applied, and shall be consistent with County I Ordinance No. 87-79 [Code ch. 54, art. V], as may be amended or superseded, and the Florida Administrative Code. ! c. If domestic residuals are applied to a site that is receiving reclaimed water, the nitrogen uptake calculation shall include the combined effect of nitrogen loading from both domestic residuals and reclaimed water applied to the site, as provided in the Florida Administrative Code. d. Land application of domestic residuals is prohibited in the absence of a wellfield CONDITIONAL USE permit. 6. Minimum frequency of groundwater monitoring criteria is as follows: Zones Monitorin W-1 Quarterl W-2 Semiannuall W-3 Semiannuall W-4 Site specific per residual disposal permit conditions GWP Site specific per residual disposal permit conditions S. Existing on-site sewage disposal systems 1. In zones W-1, W-2, W-3, W-4, and GWP, existing on-site sewage disposal systems are not regulated under this section. 2. Existing on-site sewage disposal systems, as defined in the Florida Administrative Code, serving existing residential STRUCTURES located in zones W-1, W-2, W-3, W-4, and GWP, are not regulated under this section. Page 76 of 80 3. At such times as any repairs are required to existing NONCONFORMING disposal systems located within 200 feet of a public water supply well, the disposal system shall be upgraded to standards as specified for future on-site disposal systems in section 3.06.12(T) hereof, or shall be relocated outside of 'a radius of 200 feet from the well. 4. On-site sewage disposal systems requiring a certificate of [to] operate under section 3.06.12(T), and serving existing INDUSTRIAL USES located on zones W-1, W-2, or W-3, shall be allowed to continue pursuant to a certificate to operate from the County, incorporating the following conditions: a. Reporting by the industrial user of all HAZARDOUS PRODUCTS stored or used at the subject location. b. Implementation of a groundwater monitoring system on the site, designed by a professional engineer or professional geologist licensed in the State of Florida, with monitoring required on a semiannual schedule for any HAZARDOUS WASTES that are used or stored on the industrial site, and reporting of monitoring data to the County. c. Certification by a registered professional engineer that the on- site sewage disposal system meets construction and operating standards as contained in the Florida Administrative Code. T. Future on-site sewage disposal systems 1. In zone W-1, future on-site disposal systems requiring a soil absorption or infiltration area greater than 1,000 square feet shall be constructed to minimum standards contained in the Florida Administrative Code, as may be amended, and the following criteria: a. WASTEWATER shall be distributed onto the infiltration surface by means of an automatic dosing device (pump or siphon), and a low pressure lateral distribution system shall be designed as outlined in the U.S. Environmental Protection Agency Design Manual for On-Site WASTEWATER Treatment and Disposal Systems. b. The design of the on-site disposal of the on-site system shall be certified by a registered professional engineer, licensed in the State of Florida, to be capable of providing a vertical separation of at least twenty-four (24) inches between the bottom of the stone fill in the drainfield (infiltration surface) and the wet seasonal high water table when the disposal system is operating at design flow. U. Existing and future concentrated animal feeding operations, high intensity use areas, dairy farm storage and treatment facilities, and land application of egg wash WASTEWATER . 1. All existing and future concentrated animal feeding operations, high intensity use areas, dairy farm storage and treatment facilities, Page 77 of 80 and land application of egg wash W ASTEW A TER shall be constructed and permitted in accordance with applicable state and federal law and regulations, and shall comply with the state- mandated SETBACKS and BUFFERS as adopted in the Florida Administrative Code and incorporated by reference in section 3.06.10. 2. In the event the DEP requires an industrial WASTEWATER permit for any of the activities regulated pursuant to the Florida Administrative Code, the DEVELOPMENT shall comply with the criteria of section 3.06.12(P). V. Existing stormwater management systems. All existing stormwater management systems in place and operational at the time this section becomes effective [November 18, 1991] shall be allowed to continue operation without any additional regulation under this section. W. Future stormwater management systems. All future stormwater management systems shall be constructed and permitted in accordance with applicable state and SFWMD law and regulations, and shall comply with state or SFWMD mandated SETBACKS and BUFFERS as adopted in the Florida Administrative Code, the SFWMD's Basis of Review for Stormwater Management Systems, and as incorporated by reference in section 3.06.10. X. Existing wells and subsurface exploration 1. In zones W-1, W-2, W-3, W-4, and GWP, all existing wells, which may be deemed to be abandoned within the meaning of the Florida Administrative Code, shall be plugged and grouted in accordance with those provisions. 2. In zones W-1, W-2, W-3, W-4, and GWP, all permitted wells, temporarily inactive or standby wells, shall be fitted with a well seal meeting the criteria of the Florida Administrative Code, or blind flange within six months of the effective date of this section [November 18, 1991]. 3. In zones W-1, W-2, W-3, W-4, and GWP, all other unpermitted, inactive wells that do not meet construction standards specified in section XXXX, shall be plugged and grouted within one year of the effective date of this section [November 18, 1991]. 4. In zones W-1, W-2, W-3, W-4, and GWP, existing monitoring wells, that require a well construction permit pursuant to the permit procedures set forth in Chapter 10, shall be secured with a locking cap/seal within six months of the effective date of this section [November 18,1991]. 5. In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste shall not be disposed of by injection well, and injection wells, other than water resource related wells, are prohibited. Y. Future wells and subsurface exploration. 1. In zones W-1, W-2, W-3, W-4, and GWP, all new wells, including without limitation, monitoring, drinking water, exploration, and Page 78 of 80 irrigation wells, shall be constructed in accordance with the standards in the Construction Standards Manual; section 3.06.11 of this section; and the Florida Administrative Code. In no event shall the inside diameter of such well casing be less than four (4) inches. 2. In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste may not be disposed of by injection well, and injection wells, other than water resource related wells, are prohibited. Z. Existing and future excavations and mining operations 1. In zones W-1, W-2, W-3, W-4, and GWP, all future and existing excavation and mining operations shall be in compliance with section XXXX. 2. In zones W-1, W-2, W-3, W-4, and GWP, future excavation and mining operations, and the continued operation of existing legal NONCONFORMING excavations and mining operations, shall be allowed pursuant to the owner and/or operator complying with the following conditions: Implementation of a County-approved stormwater drainage system, incorporating best management practices for handling vehicle fuel, hydraulic fluids, lubricants, and related materials, that will divert stormwater runoff from material processing and vehicle maintenance and storage areas away from mining excavation areas. AA. Existing and future petroleum exploration and production facilities. 1. In zones W-1 and W-2, future petroleum exploration or production facilities, and expansion of existing petroleum exploration or production facilities, shall be prohibited. 2. In zones W-3 and W-4, the siting of future petroleum exploration and production facilities is prohibited in the absence of a wellfield CONDITIONAL USE permit. 3. In zone GWP, future petroleum product exploration shall be prohibited from directional drilling through any potable water AQUIFER within the vertical projection of the map boundaries of the wellfield risk management special treatment overlay zones. 3.06.13 Countywide Groundwater Protection Standards A. Groundwater classification and criteria. The BCC adopts, by reference, and shall, to the extent permitted by general law and interpretations of courts of competent jurisdiction, be authorized concurrently with the DEP to enforce within the County, the requirements of the Florida Administrative Code with regard to groundwater protection standards , as may be amended on the effective date of this section [November 18, 1991], including all rules referenced therein. B. Recharge of AQUIFERS 1. The BCC finds that the criteria and standards for ensuring recharge to the surficial AQUIFER system, as set forth in the SFWMD's Basis of Review for Stormwater Management Systems, are adequate to address AQUIFER recharge at this time. This Page 79 of 80 -..-...-...--. finding does not preclude the County from developing additional criteria and standards at a future time. 2. In zones W-1, W-2, W-3, W-4, and GWP, all new or substantially modified DEVELOPMENT, for which site plan approval is required pursuant to this LDC, shall ensure compliance with all applicable design criteria for recharge to the surficial AQUIFER system as set forth in the SFWMD's Basis of Review for Stormwater Management Systems. C. Inspections 1. Reasonable notice. To ensure compliance with the criteria of this section and section 3.06.12, the County may inspect the premises of a noncertificated but regulated DEVELOPMENT, reasonably believed to be a source of potential groundwater contamination, at reasonable times and after reasonable notice and consent of the owner/operator. 2. Inspection warrants. Where consent has been withheld, the County may apply for and obtain an inspection warrant in the same manner as provided for in ~ 403.091, F.S. 3. Identification. Agents of the County shall be provided with official identification, and shall exhibit this identification prior to any inspection. 4. General prohibitions. Discharges to sinkholes or other karst-related features with a direct hydrologic connection to the surficial or intermediate AQUIFER systems shall be prohibited. This prohibition shall not be interpreted or implemented to preclude AQUIFER recharge or other well injection authorized under section 3.06.12(Z). Page 80 of 80 ~!r_~~~~'i{~'>ff~~-"<-"'>~~~'-"::"'~'\""~I;wi!i;n'~ " ". ,"1 ", ' h ,,; '"-' ,," "..,,' '," - "ill ~"r01~~f"'J! ;;'~1~ li1]~"~~~ "~'-'2' " ,,<~~ 7~: '<", J~,' ,. 4'''"''''-' J',6~ ~j" f' )K'" ~~~~,~~l~ - m:;v)]!!]lt!irn~"i~~"'- ;Y~Ii) '~;Iik:, , _ ~ ' =-<' d,!;."""''1~;,w>' ~"t."!:,,,,,, ~ ..-< ffl ~ _.""!P,, " lkit~f~~ ~i,-,-ry ~ _ " -, 4.01.00 GENERALLY 4.01.01 Elevation Requirements for All Developments 4.01.02 Kitchens in Dwelling Units 4.02.00 SITE DESIGN STANDARDS 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 4.02.04 Standards for Cluster Residential Design 4.02.05 Specific Design Standards for Waterfront Lots 4.02.06 Standards for Development in Airport Zones 4.02.07 Standards for Keeping Animals 4.02.08 Outside Lighting Requirements 4.02.09 Design Requirements for Shorelines 4.02.1 0 Design Standards for Recreation Areas Within Mobile Home Rental Parks 4.02.11 Design Standards for Hurricane Shelters Within Mobile Home Rental Parks 4.02.12 Standards for Outdoor Storage 4.02.13 Design Standards for Development in the BP District 4.02.14 Design Standards for Development in the ST District 4.02.15 Design Standards for Development in the SBCO District 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1) -- ,--- 4.02.19 Design Standards for Development in the BMUD - Residential Subdistrict (R2) 4.02.20 Design Standards for Development in the BMUD-Residential Subdistrict (R3) 4.02.21 Design Standards for Development in the BMUD - Residential Neighborhood Commercial Subdistrict (RNC) 4.02.22 Design Standards for Development in the GZO District 4.02.23 Design Standards for Development in Activity Center #9 4.02.24 Corridor Management Overlay District (CMO) - Special Regulations for Properties Abutting Golden Gate Parkway West of Santa Barbara Boulevard and Goodlette-Frank Road South of Pine Ridge Road. 4.02.25 Mobile Home Overlay District (MHO) - Special Regulations for MHO in Rural Agricultural (A) Districts. 4.02.26 Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO) - Special Conditions for the Properties ABUTTING Golden Gate Parkway East of Santa Barbara Boulevard as Referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan. 4.02.27 Specific Design Standards for the Immokalee - State Road 29 A Commercial Overlay Subdistrict 4.02.28 Specific Design Standards for the Immokalee - Jefferson Avenue Commercial Overlay Subdistrict 4.02.29 Specific Design Standards for the Immokalee - Farm Market Overlay Subdistrict 4.02.30 Specific Design Standards for the Immokalee - Agribusiness Overlay Subdistrict 4.02.31 Specific Design Standards for the Immokalee - Central Business Overlay Subdistrict 4.02.32 Specific Design Standards for the Immokalee - Main Street Overlay Subdistrict 4.02.33 Specific Design Standards for the Mobile Home Park Overlay Subdistrict 4.02.34 Specific Standards for Shopping Centers 4.03.00 SUBDIVISION DESIGN AND LAYOUT 4.03.01 Generally 4.03.02 Applicability 4.03.03 Exemptions 4.03.04 Lot Line Adjustments 4.03.05 Subdivision Design Requirements 4.03.06 Golden Gate Estates Lot Divisions 4.03.07 Monuments 4.03.08 Facility and Service Improvement Requirements 4.04.00 TRANSPORTATION SYSTEM STANDARDS 4.04.01 Generally 4.04.02 Access Management 4.05.00 OFF-STREET PARKING AND LOADING 4.05.01 Generally 4.05.02 Design Standards 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use 4.05.04 Parking Space Requirements 4.05.05 Parking Variation in the P District 4.05.06 Loading Space Requirements 4.05.07 Handicapped Parking Requirements 4.05.08 Bicycle Parking Requirements 4.05.09 Stacking Lane Requirements 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.01 Generally 4.06.02 Buffer Requirements 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way 4.06.04 Tree and Vegetation Protection 4.06.05 General Landscape Requirements 4.06.06 Special Buffer Requirements for the TTRVC Zoning District 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS 4.07.01 Unified Control 4.07.02 Design Requirements 4.07.03 Special Requirements for Industrial Planned Unit Developments ..."...,,- 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing Commercial Component 4.07.05 Special Requirements for Reasearch and Technology Park Planned Unit Devlopments 4.07.06 Provision of Polling Places 4.08.00 RURAL LANDS STEW ARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.01 Specific Definitions Applicable to the RLSA District 4.08.02 Establishment of RLSA Zoning Overlay District 4.08.03 Establishment of land uses allowed in the RLSA District 4.08.04 Implementation of Stewardship Credits 4.08.05 Lands Within the RLSA District Prior to SSA or SRA Designation 4.08.06 SSA Designation 4.08.07 SRA Designation 4.08.08 Baseline Standards LIST OF TABLES IN CHAPTER 4 Table1. Lot Design Requirements for Principle Uses in Base Zoning Districts. Table 2. Building Dimension Standards for Principle Uses in Base Zoning Districts. Table 3. Dimensional Standards for Accessory Buildings and Structures on Non-Waterfront Lots And Non-Golf Course Lots. Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots Table 5. Table of Design Standards for Cluster Development. Table 6. Primary Surface Width Table 7. Horizontal Zone Radius. Table 8. Approach Zone Width (feet) Table 9. Approach Zone Length (feet). Table 10. Approach Zone Height. Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Table 12. Design Standards in the BMUD Residential Subdistrict R1. Table 13. Setback Standards for BMUD Residential Subdistrict (R2) Table 14. Design and Dimensional Standards in the GZO District. Table 15. Dimensional standards for the Mobile Home Park Overlay Table 16. Minimum Aisle Width in Parking Lots. Table 17. Parking space requirements. Table 18. Required loading Spaces. Table 19. Required Handicapped Parking Spaces. Table 20. land Area Requirements for Industrial PUDs. Table 21. Setback Requirements for Industrial PUDs. Table 22. Maximum Land Area in Neighborhood Village Center Table 23. Dimensional Standards for Research and Technology Park PUDs CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS 4.01.00 GENERALL Y 4.01.01 Elevation Requirements for All DEVELOPMENTS The elevation of all BUILDING sites and public or private roadways included within a SUBDIVISION or DEVELOPMENT for which a use other than conservation or recreation is proposed shall be not less than five and one-half (5Y2) feet NGVD when completed, or to such minimum elevations above the established NGVD datum as adopted by the BCC, FEMAlFIRM, or South Florida Water Management District (SFWMD) criteria. All lawful regulations with reference to BULKHEAD LINES, saltwater barrier lines, and other appropriate regulations regarding land filling, conservation, excavations, demolition, and related regulations shall be observed during the construction of any improvements within Collier County. 4.01.02 Kitchens in DWELLING UNITS A DWELLING UNIT containing less than 2,500 square feet of living area shall be limited to one PRIMARY KITCHEN. A DWELLING UNIT containing 2,500 square feet of living area, or greater, may have a SECONDARY KITCHEN provided all rooms are internally accessible and the SECONDARY KITCHEN is only accessible through the main DWELLING UNIT. 4.02.00 SITE DESIGN STANDARDS 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the PRINCIPAL BUILDING on each site. Table1. LOT Design Requirements for Principle Uses in Base Zoning Districts. Minimum Lot Minimum Lot Width Maximum Zoning District Area (linear feet) BUILDING (square feet) Coveraae (%) GC None None None A 217,800 165 None E 98,010 150 None RSF-1 43,560 150 None RSF-2 20,000 120 None Corner LOT Interior LOT RSF-3 10,000 95 80 None RSF-4 7,500 75 70 None RSF-5 6,000 70 60 None RSF-6 6,000 70 60 None RMF-6 S.F. 6,500 60 Duplex 12,000 80 None 3+ units 5,500 oer unit 100 Page 1 of 247 -. ----, RMF-12 43,560 150 None RMF-16 43,560 150 None RT 43,560 150 None VR 6,000 60 S.F.lMH 10,000 100 None Duplex 43,560 150 M.F. MH 6,000 60 None TTRVC Park 20 acres Travel trailers/Park models None site 800 ... 40 LOTS Campsites 30 C-1 20,000 100 None C-2 15,000 150 None C-3 10,000 75 None C-4 10,000 100 None C-5 10,000 100 None I 20,000 100 None SP Park 35 acres site 20,000 100 45 LOTS CON 217,800 150 None p None None None CF 10,000 80 None Table 2. BUILDING Dimension Standards for Principle Uses in Base Zoning Districts. Minimum Maximum Distance Minimum Floor Area of BUILDING Height Between BUILDINGS FLOOR AREA Zonina District (feet) BUILDINGS (square feet) RATIO l%l GC 35 None None None A 35 None 550 None E 30 None 1,000 None 1-story 2-story RSF-1 35 None 1,500 1,800 None RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 Three (3) habitable A 750 None floors RMF-12 50 A Efficiency 450 None 1 SR 600 2+ SR 750 RMF-16 75 A Efficiency 450 None 1 SR 600 2+ SR 750 Page 2 of 247 AT 1 0 stories, not to 300 exceed 1 DO' A (max. for hotel units = None 500') VA S.F. 30 None MH 30 None Duplex 30 None None None M.F. 35 8 MH 30 None None None TTAVC 30 10 None None C-1 35 None ... 1,000 (around floor) None C-2 35 A 1 ,000 (around floor) None C-3 50 None 700 (around floor) None C-4 75 A 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A 700 (ground floor) Hotels .60 Destination resort .80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None ...<< CF Towers/antennas D 1,000 (ground floor) None 40 I Other 30 i Overlav Districts See table of soecial desian reouirements aoolicable to overlav districts. A = 50% of the sum of the heights of the BUILDINGS, but not less than 15 feet. 8 = 50% of the sum of the heights of the BUILDINGS. C = BUILDINGS within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the BUILDINGS, but not less than 25 feet. B. USABLE OPEN SPACE shall include active and passive recreation areas such as playgrounds, golf courses, BEACH FRONT AGE, waterways, lagoons, FLOOD PLAINS, nature trails, and other similar OPEN SPACES. OPEN SPACE areas shall also include those areas set aside for preservation of NATIVE VEGETATION and landscaped areas. Open water area beyond the perimeter of the site, STREET RIGHTS-OF-WAY, DRIVEWAYS, off-STREET parking areas, and off- STREET loading areas shall not be counted in determining USABLE OPEN SPACE. 1. In residential DEVELOPMENTS, at least sixty (60) percent of the gross area shall be devoted to USABLE OPEN SPACE. This requirement shall not apply to individual single-family LOTS less than 2.5 acres in size. 2. In DEVELOPMENTS of commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to USABLE OPEN SPACE. This requirement shall not apply to individual PARCELS less than five (5) acres in size. P2g.= 3 of 247 3. Historical/archaeological resources that are to be preserved may be utilized to satisfy required SETBACKS, BUFFER strips or OPEN SPACE up to the maximum area required by DEVELOPMENT regulations. Conservation of such historic or archaeological resources shall qualify for any OPEN. SPACE requirements mandated by the DEVELOPMENT regulations. C. Specific Requirements for Uses Involving Shopping Carts When the operating characteristics of a duly authorized business require the utilization of shopping carts by customers, provision shall be made for outside storage areas to be illustrated on a site DEVELOPMENT PLAN, and said shopping carts shall be collected at the close of business each day and stored at the front of that business establishment. It shall be the responsibility of the merchant to collect any and all shopping carts that stray from the premises upon which they are intended to be utilized. A name-plate on a shopping cart shall be prima facia evidence of ownership. D. Exemptions and exclusions from design standards 1. The height limitations contained in Chapter 2 do not apply to infrastructure in support of the BUILDING, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, communications TOWERS, water tanks, fire TOWERS when operated by a branch of government, ventilators, chimneys, feed storage STRUCTURES, silos, windmills, AIRPORT control TOWERS, or other appurtenances placed above the roof level and not intended for human occupancy or for commercial purposes as provided below: a. Structural elements shall be no higher than necessary to accomplish the purpose it is intended to serve. b. The aggregate area of STRUCTURES or appurtenances shall not exceed one-third the area of the supporting roof. c. Where this section conflicts with section 5.05.08, the provisions of section 5.05.08 will control. d. The heights of these STRUCTURES or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or AIRPORT zoning regulations within the flight approach zone of AIRPORTS. (See section 2.03.07 C.). 2. In instances where off-STREET parking is provided within the PRINCIPAL STRUCTURE, the County Manager or designee may waive the maximum height requirements to the extent necessary to Page 4 of 247 permit off-STREET parking within the PRINCIPAL STRUCTURE, provided however: (1) the number of off-STREET parking spaces required by this LDC for the use involved may not be reduced; (2) the waiver in height shall not be greater than that necessary to provide for the off-STREET parking. within the PRINCIPAL STRUCTURE, with a maximum of two parking levels; (3) the waiver of the maximum height requirements are compatible with the uses on ADJACENT..properties; and (4) for each off-STREET parking space permitted within the PRINCIPAL STRUCTURE for which the maximum height waiver is granted, 300 square feet of additional OPEN SPACE beyond that which is otherwise required by this LDC shall be provided. 3. Every part of every required YARD shall be open and unobstructed from thirty (30) inches above the general ground level of the GRADED LOT upward to the sky except as hereinafter provided or as otherwise permitted in this LDC. 4. Sills and other architectural and design treatments shall not project over twelve (12) inches into a required YARD. 5. Movable awnings shall not project over three (3) feet into a required YARD, provided that where the YARD is less than five (5) feet in width the projection shall not exceed one-half (1/2) the width of the YARD. 6. Window- or wall-mounted air conditioning units, chimneys, fireplaces, bay windows, or pilasters shall not project over two (2) feet into a required YARD. 7. Fire escapes, stairways, and balconies which are unroofed (except as otherwise permitted within this section) and unenclosed shall not project over five (5) feet into a required side or rear YARD and three (3) feet into a FRONT YARD of a MUL TI-FAMIL Y DWELLING, HOTEL or MOTEL and not over three (3) feet into a required front, side or rear YARD of a SINGLE-FAMILY residential DWELLING. Regardless of the extent of encroachment, the minimum requirement for separation of STRUCTURES shall be maintained. 8. Hoods, canopies, or roof overhangs shall not project over (3) three feet into a required YARD, but shall not come closer than one (1) foot to the LOT LINE. 9. Fences, walls and hedges, subject to section 5.03.02, and pad- mounted air conditioners are permitted in required YARDS, subject to the provisions of section 4.06.00. 10. Cornices, eaves or gutters shall not project over three (3) feet into a required YARD, provided that where the required YARD is less Page 5 of 247 -"" than six (6) feet in width, such projection shall not exceed one-half (1/2) the width of the YARD. 11. Except as otherwise provided by this LDC, when LOTS on both sides of an undeveloped recorded LOT contain a residential STRUCTURE whose FRONT YARD SETBACK is less than is now required, the average of the SETBACKS of the two (2) contiguous developed LOTS shall serve to establish the minimum FRONT YARD requirement for the vacant LOT. 12. In commercial, industrial and multi-family residential DEVELOPMENTS, carports which are open on all sides may encroach into the required YARDS provided they do not encroach into the required LANDSCAPE BUFFERS, as required by this LDC; and furthermore, if the landscaping is deficient where the carports are proposed, the landscaping must be upgraded to comply with the LDC requirements to the greatest extent possible prior to the issuance of a BUILDING permit for said carports. This shall be accomplished by a site DEVELOPMENT PLAN amendment or a site improvement plan approval. 4.02.02 Dimensional Standards for CONDITIONAL USES and ACCESSORY Uses in Base Zoning Districts A. GC District. 1. ACCESSORY USES: Pro shops with equipment sales are allowable, provided that the shops are no more than 1 ,000 square feet in size; RESTAURANTS with a seating capacity of 150 seats or less are allowable, provided that the hours of operation are no later than 10:00 p.m. 2. CONDITIONAL USES: Commercial establishments oriented to the permitted uses of the district including gift shops; pro shops with equipment sales in excess of 1 ,000 square feet; RESTAURANTS with seating capacity of greater than 150 seats; cocktail lounges, and similar uses, primarily intended to serve patrons of the golf course. B. A District. 1. ACCESSORY USES: a. Packinghouse or similar agricultural processing of farm products produced on the property subject to the following restrictions: (i) Agricultural packing, processing or similar facilities shall be located on a major or minor ARTERIAL STREET, or shall have ACCESS to an ARTERIAL STREET by a public STREET that does not ABUT properties zoned RSF-1, Page 6 of 247 RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or residentially used. (ii) A BUFFER YARD of not less than 150 feet in width shall be provided along each boundary of the site which ABUTS any residentially zoned or used property, and shall contain an alternative 8 type BUFFER as defined within section 4.06.00 of this LDC. Such BUFFER and BUFFER YARD shall be in lieu offront, side, or rear YARDS on that portion of the LOT which ABUTS those districts and uses identified in section 2.03.01 (A). (iii) The facility shall emit no obnoxious, toxic, or corrosive dust, dirt, fumes, vapors, or gases which can cause damage to human health, to animals or vegetation, or to other forms of property beyond the LOT LINE of the use creating the emission. b. Excavation and related processing and production subject to the following criteria: (i) The activity is clearly incidental to the agricu'tural DEVELOPMENT of the property. I \ (ii) The affected area is within a surface water management system for AGRICULTURAL USE as permitted by the SFWMD. (iii) The amount of excavated material removed from the site cannot exceed 4,000 cubic Y ARCS. Amounts in excess of 4,000 cubic YARDS shall require CONDITIONAL USE approval for earthmining, pursuant to the procedures and conditions set forth in Chapter 10. 2. CONDITIONAL USES - LOT area requirements: Animal breeding, raising, training, stabling, or kenneling 20 acres Asphalt plants 10 acres Commercial production, raising or breeding of exotic animals, other than animals typical~ used for 20 acres agricultural purposes or production Dairy 20 acres Livestock raising 20 acres Poultry and egg production 20 acres Reptile breeding and raising (non-venomous) 1 20 acres lRoofed STRUCTURES shall be a minimum of 100 feet from any LOT LINE. 3. CONDITIONAL USES - design requirements: a. Asphaltic and concrete batch making plants: (i) Principal ACCESS shall be from a STREET designated COLLECTOR or higher classification. Page 7 of 247 -'.- ,_.._,- (ii) Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. (iii) The height of raw material storage facilities shall not exceed a height of fifty (50) feet. (iv) Hours of operation shall be limited to two (2) hours before sunrise to sunset. (v) The minimum SETBACK from the principal road FRONT AGE shall be 150 feet for operational facilities and seventy-five (75) feet for supporting administrative offices and associated parking. (vi) An earthen BERM achieving a vertical height of eight feet or equivalent vegetative screen with eighty (80) percent opacity one (1) year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. (vii) The plant shall not be located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Environmental Protection (DEP); within the Area of Critical State Concern as depicted on the Future Land Use Map GMP; within 1,000 feet of a NATURAL RESERVATION; or within any County, State or federal jurisdictional WETLAND area. c. Tour operations, such as, but not limited to airboats, swamp buggies, horses, and similar modes of transportation, shall be subject to the following criteria: (i) Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida DEP, and the SFWMD shall be presented to the County Manager or designee prior to site DEVELOPMENT PLAN approval. (ii) The petitioner shall post the property along the entire property line with no trespassing SIGNS approximately every 300 YARDS. (iii) The petitioner shall utilize only trails identified and approved on the site DEVELOPMENT PLAN. Any existing trails shall be utilized before the establishment of new trails. (iv) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (v) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle Page 8 of 247 shall be determined by the Board of Zoning Appeals during the CONDITIONAL USE process. (vi) Motor vehicles shall be permitted to operate during daylight hours which means, one (1) hour after sunrise to one (1) hour before sunset. (vii) Molestation of wildlife, including feeding, shall be prohibited. (viii) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. C. E District. Extraction or earthmining, and related processing and production not incidental to the DEVELOPMENT of the property, may be permissible as a CONDITIONAL USE where the site area does not exceed twenty (20) acres. D. RT District. CONDITIONAL USES shall not exceed 125 feet in height. E. VR District Minimum lot area 1 acre Minimum lot width 100 feet Front Yard 35 feet Side Yard 15 feet Rear Yard 30 feet Maximum height* 50 feet *No BUILDING may contain more than three levels of habitable space. F. MH District. ACCESSORY USES shall not exceed twenty (20) feet in height. G. C-1 District. 1. CONDITIONAL USE - mixed residential and commercial use, subject to the following: a. The commercial uses in the DEVELOPMENT may be limited in hours of operation, size of delivery trucks, and type of equipment; b. The residential uses are designed so that they are compatible with the commercial uses; c. Residential DWELLING UNITS are located above PRINCIPAL USES; d. Residential and commercial uses do not occupy the same floor of a BUILDING; e. The number of residential DWELLING UNITS shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross FLOOR AREA of the BUILDING; f. BUILDING HEIGHT may not exceed two (2) stories; g. Each residential DWELLING UNIT shall contain the following minimum FLOOR AREAS: efficiency and one-bedroom, 450 Page 9 of 247 'h." -~..^ ..^-,~- square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; h. A minimum of thirty (30) percent of the mixed use DEVELOPMENT shall be maintained as OPEN SPACE. The following may be used to satisfy the OPEN SPACE requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or SETBACK areas not covered with IMPERVIOUS SURFACE or used for parking (parking lot islands may not be used unless existing NATIVE VEGETATION is maintained); i. The mixed commercial/residential STRUCTURE shall be designed to enhance COMPATABILITY of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. H. C-2 District. 1. ACCESSORY USES - Where play areas are constructed as an ACCESSORY USE to a permitted use, the following conditions shall apply: a. A minimum five and one-half (5%) foot high reinforced fence shall be installed on all sides of the play area which are not open to the PRINCIPAL STRUCTURE; b. Ingress to and egress from the play area shall be made only from the PRINCIPAL STRUCTURE, however an emergency exist from the play area shall be provided which does not empty into the PRINCIPAL STRUCTURE; c. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the PRINCIPAL STRUCTURE. 2. CONDITIONAL USE - mixed residential and commercial use, subject to the following: a. All standards for the mixed residential and commercial use in the C-1 District. b. The residential DWELLING UNITS shall be restricted to occupancy by the owners or lessees of the commercial units below. I. C-3 District. Mixed residential and commercial use may be allowable as a CONDITIONAL USE, subject to the same standards as the mixed residential and commercial use in the C-2 District. J. C-5 District. Child day care may be allowable as a CONDITIONAL USE, subject to the following standards: Page 10 of 247 1. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all ADJACENT and ABUTTING properties lying within 500 feet of the CHILD CARE CENTER'S nearest property line. 2. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. 3. It shall not be located on 'the same STREET customarily utilized by construction truck traffic from asphalt plants 'and excavation quarries. 4. It shall have a minimum LOT area of 20,000 square feet and a minimum LOT width of 100 feet. 5. It shall provide a minimum USABLE OPEN SPACE of not less than thirty (30) percent of the total square footage of the LOT area. 6. It shall provide that all OPEN SPACES to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry, or other approved material. 7. It shall provide a LANDSCAPE BUFFER in accordance with section 4.06.00. 8. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards of the Florida Administrative Code. 9. Where a CHILD CARE CENTER is proposed in conjunction with, and on the same PARCEL as, a facility which is a permitted use, the requirements set forth in subparagraphs a through h above, with the exceptions of subparagraphs d and e, shall be used to provide the protections to children using the CHILD CARE CENTER intended by this section consistent with the DEVELOPMENT of the proposed permitted use. K. I District. 1. CONDITIONAL USES. a. Adult day care, subject to the following requirements: (i) Shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. (ii) Shall not be located on the same STREET customarily utilized by construction truck traffic from asphalt plants and excavation quarries. (iii) Shall have a minimum LOT area of 20,000 square feet and a minimum LOT width of 100 feet. Page 11 of 247 (iv) Shall provide a minimum USABLE OPEN SPACE of not less than thirty (30) percent of the total square footage of the LOT area. b. Child day care, subject to the same standards as for the C-5 District. 4.02.03 Specific Standards for Location of ACCESSORY BUILDINGS and STRUCTURES A. For the purposes of this .section, in order to determine YARD requirements, the term "ACCESSORY STRUCTURE" shall include detached and attached ACCESSORY USE STRUCTURES or BUILDINGS notwithstanding the attachment of such STRUCTURE or BUILDING containing the ACCESSORY use to the PRINCIPAL USE STRUCTURE or BUILDING. ACCESSORY BUILDINGS and STRUCTURES must be constructed simultaneously with or following the construction of the PRINCIPAL STRUCTURE and shall conform with the following SETBACKS and BUILDING separations. Table 3. Dimensional Standards for Accessory BUILDINGS and STRUCTURES on Non-Waterfront Lots And Non-Golf Course Lots. Front Rear Side STRUCTURE to STRUCTURE (If Detached) I I 1. Parking garage or carport, single-family SPS 10 SPS 1 0 feet feet 2. One-story parking STRUCTUREs and/or SPS 35 SPS 10 feet carports feet 3. Multistory parking STRUCTUREs SPS 35 SPS 1/1 * feet 4. Swimming pool and/or screen enclosure SPS 10 SPS N (one- and two-familv) feet 5. Swimming pool (multi-family and SPS 20 15 N commercial) feet feet 6. Tennis courts (private) (one- and two- SPS 15 SPS 10 feet familv) feet 7. Tennis courts (multi-family, and SPS 20 15 20 feet commercial) feet feet 8. Utility BUILDINGS SPS 10 SPS 10 feet feet 9. Chickee, barbecue areas SPS 10 SPS 1 0 feet feet 10. Attached screen porch SPS 10 SPS N/A feet 11. Unlisted accessory SPS SPS SPS 10 feet 12. Satellite dish antenna NP 15 SPS 10 feet feet N = None. N/A = Not applicable. NP = STRUCTURE allowed in rear of BUILDING only. SPS = Calculated same as PRINCIPAL STRUCTURE. * = 1 fooVfoot of accessory height = 1 fooVfoot of BUILDING separation. Table 4. Dimensional Standards for Accessory BUILDINGS and STRUCTURES on Page 12 of 247 Waterfront Lots and Golf Course Lots Setbacks Front Rear Side STRUCTURE to STRUCTURE (If Detached) 1. Parkinq qaraqe or carport, sinale-familv SPS SPS SPS 1 0 feet 2. One-story parkinq STRUCTUREs SPS SPS SPS 10 feet 3. Multistorv Darkino STRUCTUREs SPS SPS SPS 1/11 4. Swimming pool and/or screen SPS 10 SPS N enclosure- (one- and two-familv) feet3 5. Swimming pool (multi-family and SPS 20 15 feet N commercial) feet 6. Tennis courts (private) (one- and two- SPS 15 SPS 10 feet familv) feet 7. Tennis courts (multi-family and SPS 35 SPS 20 feet commercial) feet 8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 10 feet 15 feet (See section 5.03.06(F)) 9. Utilitv BUILDINGS SPS SPS 1 0 feet 10 feet 10. Chickee, barbecue areas SPS 10 SPS N feet 11. Davits, hoists and lifts N/A N/A 7.5 feet or SPS 15 feet 12. Attached screen porch SPS 10 SPS SPS feet4 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet or N/A 1 5 feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 SPS 10 feet feet N = None. N/A = Not applicable. NP = STRUCTURE allowed in rear of BUILDING only. SPS = Calculated same as PRINCIPAL STRUCTURE. * = 1 foot/foot of accessory height = 1 foot/foot of BUILDING separation 11/foot of accessory height = 1/foot of BUILDING separation. 21n those cases where the coastal construction control line is involved, the coastal construction control line will apply. 320 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear SETBACK of ten feet. 420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear SETBACK of ten feet. B. ACCESSORY BUILDINGS shall not occupy an area greater than five (5) percent of the total LOT area in all residential zoning districts, or occupy an area greater than forty (40) percent of any BUILDING envelope (Le., area of LOT remaining for BUILDING purposes after accounting for required SETBACKS), whichever is the lesser, provided the total maximum coverage provision of this ordinance for all PRINCIPAL and ACCESSORY BUILDINGS is not exceeded. Nothing Page 13 of 247 -- -". _._.- herein contained shall serve to prevent the construction of an ACCESSORY BUILDING containing an area of less than 500 square feet provided all YARD and BUILDING spacing requirements can be met. 4.02.04 Standards for CLUSTER Residential Design A. The purpose of CLUSTER DEVELOPMENT 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. C. CONDITIONAL USES approved for CLUSTER DEVELOPMENT may reduce the LOT area, LOT width, and YARD requirements within a zoning district, subject to the criteria enumerated in this section.: The LOT area, LOT width, coverage, and YARD regulations of the residential zoning district in which the CLUSTER DEVELOPMENT is located shall be used as the basis for all computations of allowed reductions. The following reductions in LOT area, LOT width, coverage and YARD regulations of the underlying zoning district shall be permissible pursuant to the grant of a CONDITIONAL USE for CLUSTER DEVELOPMENT. 1. The maximum allowable GROSS DENSITY in any CLUSTER DEVELOPMENT shall not exceed the maximum allowable GROSS DENSITY of the residential zoning district in which the CLUSTER housing DEVELOPMENT is located. 2. The following site design and dimensional standards shall apply to CLUSTER DEVELOPMENT: Table 5. Table of Design Standards for CLUSTER DEVELOPMENT. Desian Standard Minimum lot area per sinQle-familv unit 3,000 sa. ft. Minimum lot width Cul-de-sac lots 20 feet All other lots 40 feet Minimum setbacks Front yard front entry garage 20 feet side entry Qaraae 10 feet Side yards Page 14 of 247 zero lot line on one side 10 feet remaining side no zero lot line 5 feet each side Rear yard principle STRUCTURE 10 feet ACCESSORY STRUCTURE 3 feet D. Requirements for ZERO LOT LINE DEVELOPMENTS: 1. The zero (0) LOT LINE portion of the DWELLING UNIT shall be void of doors or windows where such wall is contiguous to an adjoining LOT LINE. 2. Where the nature of the construction of a residence has provided for zero (0) side YARD, footings and roof overhang encroachments may be permitted onto the adjoining LOT. A roof drainage system shall be put in place to prevent roof drainage from falling onto the ABUTTING property ADJACENT the walls of the residence, with the zero (0) side YARD tolerance. Furthermore, provision shall be made for a three (3)-foot EASEMENT on the ABUTTING property, which shall be recorded running with the land with the residence enjoying the zero (0) LOT side YARD, for maintenance purpos1es. I 3. Roof overhangs shall be prohibited over ADJACENT property lines, unless a recorded restrictive covenant creating the reqJisite EASEMENT interest for encroachment, maintenance, and repair of the BUILDING overhang is an element of the project. E. COMMON OPEN SPACE. 1. All reductions in the minimum LOT area, LOT width, and YARD requirements below that which would otherwise be required within the district in which the CLUSTER DEVELOPMENT is located shall be required to provide an equal amount of COMMON OPEN SPACE within the same phase and general area of each CLUSTER of homes in the DEVELOPMENT unless said CLUSTER DEVELOPMENT is part of a planned unit DEVELOPMENT where the OPEN SPACE requirements of this LDC have been satisfied. 2. COMMON OPEN SPACE shall be reserved for recreational uses. 3. Any commercial uses recreational facility subject to membership, registration, fees, or aimed at attracting outside users, shall not be counted as COMMON OPEN SPACE. 4. The sale, lease, or other disposition of COMMON OPEN SPACE shall be prohibited except to a nonprofit corporation or homeowners' association or other similar entity established under the laws of Florida to administer and maintain the facilities subject to a deed restriction acceptable to the County to limit the use of said property to COMMON OPEN SPACE. Provisions shall be Page 15 of 247 -- -, included to assure the continued maintenance of the COMMON OPEN SPACE area. 5. ACCESS rights to COMMON OPEN SPACE for all residents within the CLUSTER housing DEVELOPMENT shall be guaranteed. 6. Land utilized for COMMON OPEN SPACE shall be restricted to COMMON OPEN SPACE in perpetuity by appropriate legal instruments satisfactory to Collier County. Such instrument shall be binding upon the owner, ,developer, his successon;, and assigns, and shall constitute a covenant running with the land, and be in recordable form. F. Additional reduction to the DEVELOPMENT standards provided at sections 4.02.04 C. - E. may be approved by the Collier County Planning Commission for projects defined as common architectural theme projects. In determining whether or not a project qualifies as a common architectural theme project the BCC shall determine that all of the following design features are incorporated into the project: 1. The architectural style of the DWELLING UNITS/STRUCTURES shall be similar in design and in the use of materials and color. 2. The residential project shall have a signature entranceway which serves to identity the DEVELOPMENT as having a common architectural theme. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated STRUCTURE, water features, sculpture, and ornamental pavement surfaces. 3. STREET materials, signage, and lighting shall be complementary and the same throughout the project's accessways. 4.02.05 Specific Design Standards for Waterfront LOTS A. It is the intent and purpose of this section to permit the placement of PRINCIPAL STRUCTURES, except SINGLE-FAMILY, two-family and DUPLEX DWELLING UNITS, at the BULKKHEAD line or SHORELINE where such placement at the water's edge can enhance the character of waterfront DEVELOPMENT without detriment to adjoining or nearby properties or without damage to a particular environmental situation. The provisions of this section have their greatest potential application in planning for the use of tidewater inlands or areas of the county of such size and location that the use of this provision will meet its intent and purpose. If the provisions of this section are met, such provisions govern regardless of any requirement for waterfront YARDS in the zoning district involved. In those cases where the coastal control line is involved, the' coastal construction control line shall apply. B. PRINCIPAL STRUCTURES shall not be erected waterward under this section beyond the following limits for the situations outlined: Page 16 of 247 1. For waterfront lands along which a BULKKHEAD line has been established, BUILDINGS may be erected out to, but not beyond, the BULKKHEAD line. 2. For waterfront lands along which an OFFSHORE BUILDING limit has been established by the BCC, BUILDINGS may be erected out to, but not beyond, the BUILDING limit line. 3. For waterfront lands along which neither a BULKKHEAD nor a BUILDING limit line has been established, BUILDINGS may be erected out to, but not beyond, the SHORELINE, as that SHORELINE exists prior to DEVELOPMENT and construction. C. Since this section applies only to the placement of STRUCTURES in waterfront YARDS, there shall be no use permitted under this section which is not permitted or permissible in the district involved. A STRUCTURE approved under this section, however, may be attached to or made an integral part of a BOATHOUSE or DOCK, if such BOATHOUSE or DOCK is permitted or permissible in the district involved. 4.02.06 Standards for DEVELOPMENT in AIRPORT Zones A. There are hereby created and established certain surfaces which include all of the land lying beneath the approach, transitional, primary, horizontal, and conical surfaces as they apply to a particular AIRPORT. Such zones are shown on the Naples Municipal, Marco Island Executive, Everglades City, and Immokalee Regional AIRPORT zoning maps and declared to be made a part of this LDC. An area located in more than one of the described zones is considered to be only in the zone with the most restrictive height limitation. B. Primary surface. An area longitudinally aligned along the runway centerline, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. C. Primary surface height. No STRUCTURE or obstruction will be permitted within the primary surface area that is not part of the landing and takeoff area and is of greater height than the nearest point on the runway centerline with the exception of FAA approved navigation aids. D. The width of each primary surface is as follows: Table 6. Primar Surface Width AIRPORTS Runway Type Width feet 14-32 500 5-23 1,000 17-35 500 15-33 250 9-27 1,000 18-36 500 Page 17 of 247 - I [ 4-22 I UtilityNisuaf I 250 I E. Horizontal zone. A horizontal plane 150 feet above the established AIRPORT elevation, the perimeter of which is constructed by swinging arcs for specified radii from the center of each end of the primary surface of each runway of each AIRPORT and connecting the ADJACENT arcs by Jines tangent to those arcs. The radius of each arc is as follows: Table 7. Horizontal Zone Radius. AIRPORTS Runway Type Radius (feet) Naoles Municipal 1 4-32 Other than utility/non-precision instrument 10,000 5-23 Other than utility/ precision instrument 10,000 Marco Island Executive 17-35 Other than utility/non-precision instrument 10,000 Airport Everqlades City Airpark 15-33 UtilitvNisual 5,000 Immokalee Regional Airport 9-27 Other than utility/ precision instrument 10,000 1 8-36 Other than utility/non-precision instrument 10,000 4-22 UtilitvNisual 5,000 F. Horizontal zone height. No STRUCTURE or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the AIRPORT height. G. Conical zone. The conical zone is the area extending outward and upward from the periphery of the horizontal zone for a distance of 4,000 feet. Height limitations for STRUCTURES in the conical zone are 150 feet above AIRPORT height at the inner boundary with permitted height increasing one (1) foot vertically for every twenty (20) feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above AIRPORT height at the outer boundary. H. Approach zone. The approach zone is an area longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach zone is designated for the end of each runway based upon the type of approach available or planned for that runway end. 1. Approach zone width. The inner edge of the approach zone is the same width as the primary surface. The outer width of the approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: Table 8. A roach Zone Width AIRPORTS Runwa T e Width Naples Municipal 14-32 Other than utility/non-precision 3,500 instrument Page 18 of 247 5 Other than utility/precision 16,000 instrument 23 Other than utility/precision 16,000 instrument Marco Island Executive 17 -35 Other than utility/non-precision 3,500 Airoort instrument Everalades City Airpark 15-33 Utilitv/visual 1,250 Immokalee Regional 9 Other than utility/precision 16,000 Airoort instrument 27 Otherthan utility/non-precision 3,500 instrument 18 Other than utility/non-precision 3,500 instrument 36 Other than utilitv/visual 1,500 4-22 Utilitv/visual 1,250 2. Approach zone lengths. The approach zone extends for the applicable horizontal distance as follows: Table 9. Approach Zone Lenath (feet). AIRPORTS Runway Tvoe Lenath Naples Municipal 14-32 Other than utility/non-precision 10,000 I instrument i 5 Other than utility/non-precision 10,000 I instrument I 23 Other than utility/non-precision 50,000 instrument Marco Island Executive 17-35 Other than utility/non-precision 10,000 Airoort instrument Everalades Citv Airoark 15-33 Utilitv/visual 5,000 Immokalee Regional 27 Other than utility/non-precision 10,000 Airport instrument 9 Other than utility/precision 50,000 instrument 18 Other than utility/non-precision 10,000 instrument 36 Other than utilitv/visual 5,000 4-22 Utilitv/visual 5,000 3. Approach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Table 10. Approach Zone Heiaht. AIRPORTS Runway Type Heieht Naples Municipal 14-32 Other than utility/non-precision 34:1 instrument 5 Other than utility/precision 50:0/40: 1 instrument 23 Other than utility/precision 50:1/40:1 instrument Marco Island Executive 17 -35 Other than utility/non-precision 20:1 Airport instrument Page 19 of 247 .....-- Everolades City Airpark 15-33 Utilitv/visual 20:1 Immokalee Regional 9 Other than utility/non-precision 50:1/40:1 Airport instrument 27 Other than utility/non-precision 34:1 instrument 18 Other than utility/non-precision 34:1. instrument 36 Other than utilitv/visual 20:1 4-22 Utility/visual 20:1 4. Precision instrument runway(s). One (1) foot vertically for every fifty (50) feet horizontally .for the first 10,000 feet, increasing to one (1) foot vertically for every forty (40) feet horizontally for additional 40,000 feet. 5. Non-precision instrument runways. One (1) foot vertically for every thirty-four (34) feet horizontally. 6. Visual runways. One (1) foot vertically for every twenty (20) feet horizontally. I. Transitional zones. The area extending outward from the sides of the primary surface and approach zones connecting them to the horizontal zone or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone that extends beyond the conical zone. Height limits within the transitional zone are the same as the primary surface or approach zone at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for every seven (7) feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centerline until the height matches the height of the horizontal zone or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone that extends beyond the conical zone. J. Heliport primary zones. The area of the primary zone coincides in size and shape with the designated take-off and landing area of a heliport. This surface is a horizontal plane at the established heliport elevation. 1. Heliport approach zone. The approach zone begins at each end of the heliport primary zone with the same width as the primary zone, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach zone is eight (8) to one (1) (one (1) foot vertically for every eight (8) feet horizontally. ) 2. Heliport transitional zone. These zones extend outward and upward from the lateral boundaries of the heliport primary zone and from the approach zone at a slope of two (2) to one (1) (one (1) foot vertically for every two (2) feet horizontally) for a distance of 250 feet measured horizontally from the centerline of the heliport primary and approach zone. Page 20 of 247 K. Other areas. In addition to the height limitations imposed in sections 4.02.06(E)-(H) above, no STRUCTURE or obstruction will be permitted within Collier County that would cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude (MDA), decision height (DH), or a minimum vectoring altitude (MV A) to be raised nor which would impose either the establishment of restrictive minimum climb gradients or nonstandard takeoff minimums. 1. Except as expressly provided in these APO regulations, no STRUCTURE or object of natural growth shall be erected, ALTERED, allowed to grow, or be maintained to a height which exceeds the height of any zone created in these APO regulations. 2. Except as otherwise provided in these APO regulations, no STRUCTURE, or object of natural growth shall be erected, ALTERED, allowed to grow or be maintained, which is or would be an obstruction to air navigation within Collier County or of a height greater than any of the following: a. A height of 500 feet above ground level at the site of the object. b. A height that is 200 feet above ground level or above the established AIRPORT elevation, whichever is higher, within three (3) nautical miles of the established reference point of an AIRPORT, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile of distance from the AIRPORT up to a maximum of 500 feet. c. A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (Refer to FAR 77.23.(a.)(2). L. Exemptions. DEVELOPMENT of the Marco Shores Golf Course Community that comports with the location and height requirements of Ordinance No. 81-6, as amended by Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions of section 4.02.06 only to the following extent: 1. The agreement between Johnson Bay DEVELOPMENT Corporation Collier County AIRPORT Authority and the BCC, dated August 8, 1995. 2. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To Air Navigation." M. AIRPORT land use restrictions. Page 21 of 247 --- - - Notwithstanding any other provision of this LDC, no use may be made of land or water within any zones established by this LDC in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use: 1. All lights or illumination used in conjunction with STREET, parking, SIGNS, or use of land or STRUCTURES shall be arranged and operated in such a manner that it is not misleading to pilots or dangerous to aircraft operating from a public use AIRPORT or in the vicinity thereof. 2. All FLOOD lights, spot lights, or any type of pulsating, flashing, rotating, or oscillating light shall be modified or prohibited if determined by the executive director who has authority over that public AIRPORT to be a possible risk to safety of aircraft operation. 3. No operations of any type shall produce smoke, glare, or other visual impairment to pilots within three (3) miles of any usable runway of a public AIRPORT. 4. No operations of any type shall produce electronic interference with navigation signals or radio communication between- the AIRPORT and aircraft, or other air traffic control facility. 5. Land within runway clear zones (runway protection zones) shall be prohibited from use for high DENSITY residential use, schools, HOSPITALS, storage of explosives, or flammable material, assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash. 6. Based on the possibility that SOLID WASTE management facilities may attract birds, any SOLID WASTE management facility located so that it places the runways and/or approach and departure pattern of an AIRPORT between bird feeding, water, or roosting areas shall be considered as an incompatible use and is therefore prohibited in and around the AIRPORTS in Collier County. 7. Any type of tethered dirigible, balloon, or other type of hovering or floating object the height of which exceeds the airspace notification limits outlined in section 4.02.06 E. shall be limited as provided in section 4.02.06 E. 8. No STRUCTURE of any height, type or material shall be constructed or ALTERED which could possibly cause interference to any AIRPORT surveillance radar system as determined by the Federal Aviation Administration, or by the executive director who has jurisdiction over the AIRPORT deemed to be effected. N. Naples Municipal AIRPORT noise zones, land use restrictions, sound level requirements (SLR) for BUILDINGS or STRUCTURES, and SLR design requirements. Page 22 of 247 1. The purpose of this section 4.02.06 is to establish standards for land use and for sound level reduction requirements with respect to exterior noise resulting from the legal and normal operations at the AIRPORTS within Collier County. This section establishes noise zones of differing intensities and land use in the vicinity of the Naples Municipal AIRPORT, as identified in the most recent Naples AIRPORT FAA Part 150 Study; establishes permitted land uses in the noise zones;. establishes soundproofir'!g requirements for residential DEVELOPMENT within the noise zones; and establishes notification procedures to prospective purchasers of real estate within the noise zones. 2. In addition to the prior three (3) noise zones, there is hereby created and established a fourth noise zone D; there are now noise zones A, 8, C, and D. Such zones are shown on the Naples AIRPORT noise zone map(s) which are incorporated and made a part herein and are descibed in section 4.02.06 N.3. below. The noise zones contained h ?rein are based on a projection of future aircraft operations at the \Japles Municipal AIRPORT. The purpose of these noise zones is i:: define and set forth specific regulations for all properties within the described areas. 3. Noise zone boundaries. a. Zone A. That area commencing at the outermost boundary of the AIRPORT and extending outward therefrom to a boundary indicated on the noise zone map as "B." The outer contour of noise zone A approximates a noise level of seventy-five (75) Ldn. b. Zone B. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone A and extending outward therefrom to the boundary indicated on the noise zone map as "C." The outer contour of noise zone 8 approximates a noise level of seventy (70) Ldn. c. Zone C. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone 8 and extending outward therefrom to the boundary indicated on the noise zone map as "D". The outer contour of noise zone C approximates a noise level of sixty-five (65) Ldn. d. Zone D. This new noise zone commences at the boundary indicated on the noise zone map as the outer boundary of noise zone C and extending outward therefrom to the furthermost boundary indicated on the noise zone map. The outer contour of noise zone D approximates a noise level of sixty (60) Ldn and is the Naples AIRPORT noise zone (This area is referenced in the 1996 Naples AIRPORT FAA Part 150 Study). Page 23 of 247 ~_.~...-.._- -----. 4. Where boundaries of a described noise zone are shown to extend over a portion, but not all, of a platted LOT or unsubdivided property, the owner or owners of the entire property will be notified of potential noise impact in accordance with notice procedures set forth in Chapter 10. a. Where boundaries of a described noise zone are shown to extend over a portion, but not all of a platted LOT or un- subdivided property, the owner or owners of the entire property will be notified of potential noise impact in accordance with notice procedures set forth in Chapter 10. b. Where boundaries of more than one (1) described noise zone are shown on a platted LOT or unsubdivided property, provisions of the most restricted zone shall apply. 5. Land use restrictions. a. Permitted and restricted activities. All land uses shall be permitted in the noise zone pursuant to the applicable zoning district and as provided in the activities and/or land use guidance chart made a part hereof. Those activities and! land uses not specifically listed in the land use guidance chart are permitted or restricted in the noise zones based on itheir similarity to noise tolerance as exhibited by the activities and land uses which are listed in the guidance chart. b. NONCONFORMING uses. The regulations prescribed by this section shall not be construed to require the sound conditioning or other changes or ALTERATION of any preexisting STRUCTURE not conforming to this part as of the effective date of this section or to otherwise interfere with the continuance of any such preexisting NONCONFORMING use. Nothing herein contained shall require any such change in the construction of or ALTERATION of a STRUCTURE which has commenced construction prior to the effective date of this section and which is diligently pursued. 6. Sound level requirements (SLR) for BUILDINGS or STRUCTURES. a. The provisions of these APO special regulations shall apply to the construction, ALTERATION, moving, demolition, repair, and use of any BUILDING or STRUCTURE within unincorporated Collier County except work located primarily in a public RIGHT- OF-WAY, on public utility TOWERS, poles, and mechanical equipment not specifically regulated by these APOs. Additions, ALTERATIONS, repairs, and changes of use in all BUILDINGS and STRUCTURES shall comply with the provisions of these APOs. Page 24 of 247 b. BUILDINGS or STRUCTURES constructed prior to the initial adoption of this amended section, to which additions, ALTERATION, or repairs are made to the exterior walls and ceilings of rooms having one (1) or more exterior walls or ceilings shall be required to meet the SLR requirements. of these APOs. c. ALTERATIONS or repairs which are nonstructural and do not affect the exterior walls or ceilings of an existing BUILDING or STRUCTURE may be made with the same materials of which the BUILDING or STRUCTURE is constructed and shall not be required to meet SLR requirements. d. BUILDINGS in existence at the time of the initial adoption of these APOs may have their existing use or occupancy continued if such use or occupancy was legal at the time of the initial adoption of these APOs provided such continued use is not dangerous to life. A change in the use of a STRUCTURE may require additional sound level reduction. e. BUILDINGS or STRUCTURES moved into or within the vicinity of the established noise zone must comply with applicable provisions of these APOs. f. The County Manger or his designee may approve any type construction that complies with the SLR requirements of the activities and/or land use guidance chart (appendix III of Appendix D). The SLR requirements specified in appendix III of Appendix D shall be achieved by the use of assemblies having the South Transmission Class Ratings specified in table 403.2, Minimum Sound Transmission of Assemblies, of the Southern BUILDING Code Congress International, Inc., Standard for Sound Control, SSTD 8-87, incorporated herein and adopted by reference as appendix IV of appendix D. g. The SLR requirements of the land use guidance chart at appendix III of Appendix D may be achieved by any suitable combination of BUILDING design, choice of BUILDING materials, and execution of construction details in accordance with established architectural and acoustical principles. The SLR requirements shall apply to the exterior walls and ceilings only of all rooms having one (1) or more exterior walls or ceilings. Regulations to achieve the SLR requirements specified in appendix III of Appendix D, shall be found in appendix IV of Appendix D and shall be used by the County Manger or his designee during the BUILDING plan revie;N process. h. No BUILDING or STRUCTURE for which an SLR 25, SLR 30, or SLR 35 is required by appendix III of Appendix 0 may be constructed, ALTERED, moved, demolished, or repaired unless Page 25 of 247 --. ~."'-''''-----'"~ and until a BUILDING permit has been issued. No such permit shall be issued unless and until the requirements contained in appendix III of Appendix D are met as indicated by plans and specifications for the BUILDING or STRUCTURE. Such plans and specifications shall result in a sound level reduction for the applicable exterior walls and ceilings only of room(s) having one (1) or more exterior walls or ceilings, at least as great as the SLR value specified.in appendix III of Appendix D for the particular usage involved. These plans and specifications shall be reviewed during the BUILDING plan review process in accordance with the sound transmission ratings specified in table 403.2 of appendix IV of Appendix D. 4.02.07 Standards for Kee in Animals Zonin District Maximum Number of Animals A Poultry or fowl - total.of 25 (Individual property owner) Horses and livestock - 2 per acre Ho s - none E Poultry or fowl - total of 25 Horses and livestock - 2 per acre 1 Ho s - none Enclosures shall be a minimum of thirty (30) feet from any LOT LINE, and a minimum of 100 feet from any residence on an ADJACENT PARCEL 4.02.08 Outside Lighting Requirements A. Lights on golf courses shall be located and designed so that no light is aimed directly toward property designated residential, which is located within 200 feet of the source of the light. B. Specific height requirements in zoning districts. 1. GC - twenty-five (25) feet 2. C-1 - twenty-five (25) feet 3. CF - twenty-five (25) feet 4.02.09 Design Requirements for SHORELINES The use of vertical seawalls as a method of protecting SHORELINES and lands ADJACENT to waterways shall be discouraged except for DEVELOPMENT lakes, and APPLICANTS shall be encouraged to utilize alternate methods of accomplishing SHORELINE protection and waterway facilities installation. Whenever possible, all proposed construction of seawalls, BULKKHEADS, SHORELINE, and waterway ALTERATIONS and additions shall be designed to afford the maximum protection to the environment of the area. Page 26 of 247 4.02.10 Design Standards for Recreation Areas Within MOBILE HOME Rental Parks A. The following amount of land or water shall be set aside and developed for recreational purposes within the MOBILE HOME rental park site: 1. 300 square feet for each LOT, for the first 100 LOTS. 2. 200 square feet for each~OT in excess of 100 LOTS. 3. One-half (%) of the water surface within the park may be credited toward the required recreation area, except that at least fifty (50) percent of the required recreation area shall be land area. 4.02.11 Design Standards for Hurricane Shelters Within MOBILE HOME Rental Parks. All new, or existing MOBILE HOME SUBDIVISIONS in the process of expanding, which are twenty-six (26) units or larger in size shall be required to provide emergency shelters on-site or provide funding to enhance existing public shelters off-site. A. The minimum shelter size shall be determined by the following forrrula: Minimum shelter size = a (sq. ft.) x b x c (units) x d (%) \ a = The area approved for short-term shelter by the American; Red Cross for sleeping space per person. b = The occupancy rate of each MOBILE HOME or unit. c = The total number of LOTS in the SUBDIVISION. d = The average population rate occupying the SUBDIVISION during the June through November timeframe. Example: 20 sq. ft. x 1.75 x units x 50% B. The shelter shall be elevated to a minimum height equal to, or above, worst case category three (3) FLOODING level (+16 feet above MSL) utilizing the current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake and Overland Surges from Hurricanes (SLOSH). C. The design and construction of the required shelters shall be guided by the wind loads applied to BUILDINGS and STRUCTURES designated as "essential facilities" in the Standard BUILDING Code/1988 edition, table 1205. D. All shelters shall provide the following: 1. Adequate glass protection by shutters or boards. 2. Equipment for adequate emergency power. 3. Adequate ventilation. 4. First aid equipment. 5. Potable water storage at the rate of ten (10) gallons for each unit, divided by two (2). Page 27 of 247 -_.- ._" 6. Kitchen facilities operated by natural or LP gas. 7. Toilets and showers at the minimum rate of one (1) fixture for every forth (40) units, divided by two (2). 8. A minimum 144-square-foot locked storage room. 9. Separate rooms that can be used for nursirig and office/adm inistration. 10. Available year-round. 11. Have a shelter team trained by the Red Cross Shelter Management Training Program, provided. by the park management, developer, association or other acceptable body. 12. Have the park management confirm the availability of a shelter team to the County Manager or designee, prior to June 1 of each year. 13. A permanent exterior wall SIGN size two (2) feet by two (2) feet to be located at the main entrance which shall identify the BUILDING as an emergency storm shelter, and capacity limits. 14. A telephone and battery-operated radio within the shelter. 15. A written agreement specifying the use of a shelter management team and the designated emergency storm shelters shall be entered into with Collier County. 16. A certificate of occupancy shall be issued for the emergency storm shelter before occupancy of the 26th unit is authorized. The shelter team shall be formed, trained and operational before a certificate of occupancy is issued for the shelter. 17. Any required shelter space as herein provided may be equally designed to incorporate the above requirements and to serve a double purpose for the day-to-day needs of MOBILE HOME PARK residents as part of the common amenities regularly available to park residents. E. A MOBILE HOME PARK developer or owner may, subject to the approval of the BCC, provide a cash contribution in lieu of on-site shelter facilities. 1. The cash contribution will be computed by the following formula: a x b x c x d = Cash Contribution a = Per capita rate b = Occupancy rate of each MOBILE HOME or unit c = Total number of LOTS in SUBDIVISION (including existing and proposed) d = Average population rate occupancy SUBDIVISION during June through November Example: $800 x 1.75 x 60 units x 50% = $42,000 2. Said monies shall be placed in a special account managed by the County Manager or designee. Expenditures will only be made for capital improvements (window/door protection, generators, etc.) for American Red Cross designated shelter facilities that will benefit the area for which the cash-in-Iieu of on-site sheltering originated. Page 28 of 247 To the maximum extent possible, shelter enhancements will be made at facilities within eight (8) road miles of proposed park or SUBDIVISION expansion. 4.02.12 Design Standards for Outdoor Storage A. Outdoor storage YARDS may be permissible in the C-4 district, provided that the YARD is located no closer than twenty-five (25) feet to any public STREET and that such YARD shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of this LDC. This provision shall not be construed to allow, as a permitted or ACCESSORY use, wrecking YARDS, junkyards, or YARDS used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand BUILDING materials, junk automotive vehicles, or secondhand automotive vehicle parts. B. Within the C-5 district, outside storage or display of merchandise is prohibited within any FRONT YARD. Temporary display of merchandise during business hours is permissible, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display shall be allowed within the side and rear YARDS of LOTS. \ C. All permitted or CONDITIONAL USES allowing for outdoor storage , including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicles intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. 4.02.13 Design Standards for DEVELOPMENT in the BP District The following requirements shall apply to the business park district. A. Business parks shall be a minimum of thirty-five (35) contiguous acres. The term contiguous shall include properties separated by either an intervening planned or developed public STREET RIGHT-OF-WAY; provided, however, no portion of such separated properties shall be less than five (5) acres. B. Business parks shall be permitted to develop with a maximum of thirty (30) percent commercial uses. For the purposes of this section, commercial uses are defined as financial institutions, fitness centers, CHILD CARE CENTERS, RESTAURANTS, retail sales that are accessory to the PRINCIPAL USE and limited to-twenty (20) percent of the gross FLOOR AREA, and recreational facilities. C. Business parks within the Urban-Industrial district of the Future Land Use Map of the GMP shall have direct ACCESS to a road classified as Page 29 of 247 "..,,~. _n'n an ARTERIAL or COLLECTOR STREET on the Five Year Future Traffic Circulation Map of the GMP, and shall have an internal circulation system that prohibits traffic from traveling through predominantly residential areas. Business parks within the Urban Mixed-Use and Urban Commercial districts of the Future Umd Use Map of the GMP shall have direct ACCESS to a road classified as an ARTERIAL STREET on the Five Year Future Traffic Circulation Map of the GMP, and shall have an internal circulation system that prohibits traffic from having direct ACCESS to the ARTERIAL ROADWAY and from traveling through predominantly residential areas. D. ACCESS shall be in accordance with the Collier County GMP. E. Business parks shall have central water and sewer, and shall not generate light, noise, or odors so as to be incompatible with surrounding land uses. F. Business parks located within Interstate Activity Center quadrants that permit INDUSTRIAL USES shall also be required to meet the standards as stated under the Interstate Activity Center subdistrict of the Future Land Use Map of the GMP for commercial and industrial land uses. These standards include site DEVELOPMENT PLAN approval; landscaping, BUFFERING, and/or BERMING installed along the Interstate; fencing that is wooden or masonry; no direct ACCESS to the interstate RIGHT-OF-WAY; joint ACCESS, and FRONTAGE roads established when FRONT AGE is not adequate to meet the ACCESS spacing requirements of the ACCESS Management Policy, Activity Center ACCESS Management Plans, or State ACCESS Management Plans, as applicable; ACCESS points and median openings designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; the developer to provide all necessary traffic improvements-to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary-as determined necessary during the rezoning process; and, a maximum FLOOR AREA RATIO (FAR) for the designated industria/land uses component of the projects of 0.45. G. A twenty-five (25)-foot wide LANDSCAPE BUFFER shall be provided around the boundary of the business park. A six (6)-foot tall opaque architecturally finished masonry wall, or BERM, or combination thereof, shall be required and two (2) staggered rows of trees spaced no more than thirty (30) feet on center shall be located on the outside of the wall, BERM, or BERM/wall combination. H. No outside storage or display shall be permitted. The parking of commercial vehicles may be permitted on improved property, provided that such parking shall be limited to the rear YARD. Furthermore, such parking areas, when located on a LOT ABUTTING a residential district, shall be screened from said residential district. Such screen Page 30 of 247 may be in the form of walls or fences, and shall be at least six (6) feet in height. Said walls or fences shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. Chain linked fences are prohibited in the business park district. I. Motor freight transportation and warehousing (4225 mini- and self- storage warehousing only and subject to the following criteria: 1. The use of metal roll-up .g.arage doors located on the exterior of the perimeter BUILDINGS and walls of BUILDINGS Which are visible from a public RIGHT-OF-WAY is prohibited; 2. ACCESS to individual units whether direct or indirect must be. from the side of a BUILDING that is oriented intemally; 3. No BUILDING shall exceed 100 feet in length when ADJACENT to a residential zoning district; 4. No outdoor storage of any kind is permitted: and 5. Storage units shall be utilized for storage purposes only. I 4.02.14 Design Standards for DEVELOPMENT in the ACSC-ST District : A. All DEVELOPMENT ORDERS issued within the ACSC-ST area shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern. B. All DEVELOPMENT ORDERS issued for projects within the Big Cypress Area of Critical State Concem shall be transmitted to the State of Florida, Department of Community Affairs, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, DEVELOPMENT ORDER Requirements for Areas of Critical State Concern. C. Site ALTERATION. 1. Site ALTERATION shall be limited to ten (10) percent of the total site size, and installation of nonpermeable surfaces shall not exceed fifty (50) percent of any such area. However, a minimum of 2,500 square feet may be ALTERED on any permitted site. 2. Any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. 3. Soils exposed during site ALTERATION shall be stabilized and retention ponds or performance equivalent STRUCTURES or system maintained in order to retain runoff and siltation on the construction site. Restoration of vegetation to site ALTERATION areas shall be substantially completed within 180 days following completion of a DEVELOPMENT. Revegetation shall be Page 31 of 247 accomplished with preexisting species except that undesirable exotic species shall not be replanted or propagated. Exotic species included are enumerated in section 3.05.08 of this code. 4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise AL TERED. Plants specifically protected by this regulation include: all WETLAND plants listed by the Florida DEP in the Florida Administrative Code. 5. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by UNAL TERED areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the downstream end into UNALTERED areas of vegetation. ACCESS roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the fifty (50)-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone. 6. Manmade lakes, ponds, or other containment works shall be constructed with a maximum slope of thirty (30) degrees to a depth of six (6) feet of water. When mineral extraction is completed in new quarrying lakes, SHORELINE sloping, planting of littoral shelves with nursery-grown aquatic vegetation, restoration or revegetation of the property, and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out an activity defined in ~ 380.04, F.S. as amended, as DEVELOPMENT or applies for a DEVELOPMENT permit as defined in ~ 380.031, F.S. as amended, to develop any existing quarrying lake area, these regulations shall apply. 7. Finger canals shall not be constructed in the ACSC-ST area. 8. This rule shall not apply to site AL TERA TIONS undertaken in connection with the AGRICULTURAL USE of land or for the conversion of land to AGRICULTURAL USE. 9. Drainage. a. Existing DRAINAGE FACILITIES shall not be modified so as to discharge water to any coastal waters, either directly or through existing DRAINAGE FACILITIES. Existing DRAINAGE FACILITIES shall not be expanded in capacity or length except in conformance with subsection 4.02.14 C.9.b. immediately following; however, modifications may be made to existing facilities that will raise the groundwater table or limit saltwater Page 32 of 247 intrusion. b. New DRAINAGE FACILITIES shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent STRUCTURE or system, either on-site or to a natural retention or filtration and flow area. New DRAINAGE FACILITIES shall also maintain a groundwater level sufficient to protect WETLAND vegetation through the use pf weirs or performance equivalent STRUCTURES or system. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New DRAINAGE FACILITIES shall not discharge water into any coastal waters whether directly or through existing DRAINAGE FACILITIES. d. This rule shall not apply to DRAINAGE FACILITIES modified or constructed in order to use land for agricultural purposes or to convert land to such use. 10. Transportation. a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the reestablishment of sheet flow through the use of interceptor spreader systems or performance equivalent STRUCTURES and shall provide for the passage of stream, strand, or slough waters through the use of bridges, culverts, piling construction, or performance-equivalent STRUCTURES or systems. b. Transportation facilities shall be constructed parallel to the local surface flow, and shall maintain a historic ground level sufficient to protect WETLAND vegetation through the use of weirs or performance-equivalent STRUCTURES or systems and as feasible, the flows in such works shall be released to natural retention filtration and flows areas. c. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing, or performance-equivalent STRUCTURES or systems. 11. STRUCTURE installation. a. Placement of STRUCTURES shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum low floor elevation permitted for STRUCTURES shall be at or above the 100-year FLOOD level, as established by the administrator of the federal FLOOD Insurance Administration. The construction of any STRUCTURE shall meet additional federal FLOOD insurance land management and use criteria,. Page 33 of 247 c. This rule shall not apply to STRUCTURES used or intended for use in connection with the AGRICULTURAL USE of the land. D. Port of the Islands, Copeland, and Plantation Island MOBILE HOME sites. Port of the Islands, Copeland, and Plantation Island MOBILE HOME sites are developments located within the urban designated area, but are also located totally within the Big Cypress Area of Critical State Concern. A portion of the DEVELOPMENT was determined "vested" by the State of Florida, thus exempting it from the requirements of F.S. ch. 380. There is an existing DEVELOPMENT AGREEMENT between Port of the Islands, Inc., and the State of Florida department of community affairs dated July 2, 1985, which regulates land uses at Port of the Islands. DEVELOPMENT within Port of the Islands shall be regulated by the DEVELOPMENT AGREEMENT and the RESIDENTIAL DENSITY and commercial intensities shall not exceed that permitted under zoning at time of adoption of the GMP. DEVELOPMENT within the urban designated areas of Copeland and Plantation Island MOBILE HOME sites shall be subject to review and administrative approval by the County Manager or his designee for compliance with Area of Critical State Concern regulations. DEVELOPMENT will not be required to go through the process of filing a petition for site AL TERA TION or site DEVELOPMENT plan approval, pursuant to section 4.02.14 G. This does not exempt site DEVELOPMENT plans required in section 10.02.03 of the Code. E. Site ALTERATION plan or site DEVELOPMENT plan approval required. Prior to the clearing, ALTERATION, or DEVELOPMENT of any land designated ST or ACSC-ST, the property owner or his legally designated agent shall apply for and receive approval of a site ALTERATION plan or site DEVELOPMENT plan, as the case may be, by the BCC as provided in section 4.02.14 F. below. F. Procedures for site ALTERATION plan or site DEVELOPMENT plan approval for DEVELOPMENT in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site ALTERATION or site DEVELOPMENT approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the planning s~rvices director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site ALTERATION or site Page 34 of 247 DEVELOPMENT approval will be accepted for formal proces sing until the planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where app ropriate. 2. Review and recommendation by Planning services director, planning commission and environmental advisory council. The site ALTERATION plan or site DEVELOPMENT plan shall be submitted to the planning services director who shall have it reviewed by the appropriate county staff. The planning services director shall then forward the site ALTERATION plan or site DEVELOPMENT plan and the county staff recommendations to the planning commission and the environmental advisory council (EAC) for review and recommendation. Neither the planning commission nor the EAC review shall require a public hearing nor notice to the ABUTTING property owners, but shall be held in a regular meeting. The planning commission and EAC recommendations and county staff recommendations shall be forwarded to the BCC for final action. 3. Final action by board of county commissioners. Final action on the site ALTERATION plan or site DEVELOPMENT plan lies with the BCC. The board shall review the proposed site ALTERATION plan or site DEVELOPMENT plan in regular session and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site ALTERATION plan or DEVELOPMENT plan. 4. Other permits required. The petitioner may at any time during the county review process apply for the appropriate local, state and federal permits for the ALTERATION or DEVELOPMENT of the subject property. 5. Commencement of site ALTERATION or site development. Upon obtaining all required local, state and federal permits in order to AL TER or develop the subject property, the petitioner may commence ALTERATION or DEVELOPMENT in accordance with the conditions and requirements of said permits. G. Submission requirements for site ALTERATION plan or site DEVELOPMENT plan approval for DEVELOPMENT in ST or ACSC-ST designated land. The following shall be submitted in a Page 35 of 247 ....-., petition for site ALTERATION or site DEVELOPMENT approval of ST or ACSC-ST land: 1. Submission and approval of a site ALTERATION plan or site DEVELOPMENT plan containing the following as determined applicable to the petition by the planning services director: a. Title of the project. b. Names of the project planner and developer. c. Date. d. North directional arrow. e. Exact survey showing the project boundaries, any existing STREET, watercourses or EASEMENTS within or ADJACENT to the proposed DEVELOPMENT. DEVELOPMENTS shall identify, protect, and conserve native vegetative communities and wildlife habitat. Habitats and their boundaries will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an I aerial photograph having a scale of one inch equal to at lea~t 200 feet when available from the county, otherwise, a scale. of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. For proposed site AL TERA TION(S) within [or] on shorelines and/or undeveloped or developed coastal barriers habitat identification shall comply with the siting criteria in accordance with chapter 10 of this code. f. Location of all proposed BUILDINGS and STRUCTURES with dimensions showing SETBACKS to property lines, roads, watercourses and other STRUCTURES ADJACENT to the BUILDING(S). g. ACCESS and traffic flow plan. h. Off-street parking and off-street loading areas. i. Proposed screening and BUFFERING. j. Refuse collection areas and SOLID WASTE. k. ACCESS to utilities and points of utilities hookups. I. Locations for BEACH ACCESS as required the Beach Access Ordinance No. 76-20 [Code ch. 146, art. III] or its successor in function. Page 36 of 247 The above items shall be prepared by a Florida registered surveyor, engineer, or architect or practicing land planner or environmental consultant as may be appropriate to the particular item. 2. Tabulation of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses; ground coverage by STRUCTURES and impervious surface coverage. 3. Architectural definitions for types of BUILDINGS in the DEVELOPMENT; number of dwelling units, sizes, and types, together with typical floor plans of each type. 4. Computation sheet including the following data: a. LOT area. b. Totally enclosed area of each floor. c. Number and FLOOR AREA of units by type. d. Landscaped areas to be provided including any existing areas of NATIVE VEGETATION. e. Parking area. f. Number of parking spaces. g. Indoor and outdoor recreation areas. h. Plans for providing potable and irrigation water requirements. i. Storm drainage and sanitary sewage plans. j. Plans for SIGNS, if any. k. Such additional data as the planning services director may believe is pertinent to the review and evaluation of the site ALTERATION plan or site DEVELOPMENT plan. Items shall be prepared by a Florida registered surveyor, engineer, or architect or practicing land planner or environmental consultant as may be appropriate to the particular item. /. Transfer of DEVELOPMENT rights data required in section 4.02.14 J. m. Submission and approval of an environmental impact statement as required by Collier County laws or regulations. n. The developer shall be subject to Chapter 3, tree/vegetation removal regulations, in existence at the time of permitting, requiring a tree removal permit prior to any Page 37 of 247 _.,~."-,.. -.,'...-.,.,- ,--"--- land clearing. A site clearing plan shall be submitted to the planning services director for his review and subject to approval in phases to coincide with the DEVELOPMENT schedule. The site clearing plan shall indicate the retention of NATIVE VEGETATION to the maximum extent practical and how roads, BUILDINGS, lakes, parking lots, and other facilities have been oriented to accommodate this goal. One criterion to be used in evaluating the extent of NATIVE VEGETATION to be retained shall be a consideration of the land use. o. Submission and approval of an excavation plan as required by the Collier County Code of Laws and Ordinances, if applicable. p. A DEVELOPMENT of regional impact review as required by F.S. ~ 380.06, as amended, if applicable. q. An appropriate protected species survey using methodology of the Florida game and freshwater fish commission shall be required. An appropriate protected species survey should include considerations for species known or likely to occur in or around habitats in the DEVELOPMENT area. r. All exotic plants as defined in section 1.08.02 shall be removed during each phase of construction from DEVELOPMENT areas, open space areas, and preserve areas. Following site DEVELOPMENT, a maintenance program shall be implemented to prevent reinvasion of the site by exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the community planning services director in accordance with the standards established in Chapter 3. H. Exceptions from public hearing requirements. The planning services director may administratively approve a site alteration plan or site DEVELOPMENT plan for land designated ST without the public hearing otherwise required by this section if: 1. The area of the proposed alteration or DEVELOPMENT is five (5) acres or less in gross area; there are no transfer of DEVELOPMENT rights involved, and the following conditions, where applicable, exist: a. The proposed site alteration or site DEVELOPMENT will occur on land that was lawfully cleared and no more than ten Page 38 of 247 percent of the cleared lands have re-grown with NATIVE VEGETATION. b. Where the proposed alteration or DEVELOPMENT involves a single-family principal STRUCTURE or the renovation or replacement of a single-family STRUCTURE and the proposed site alteration or site DEVELOPMENT plan will not require any significant modification of topography, drainage, flora, or fauna on the site. "Significant modification" shall mean modification greater than 15 percent of the site. c. No pollutants will be discharged from the area that will degrade the air, water or soil below the levels existing at the time of application. d. Water management berms and structures proposed for th~ protection and/or enhancement of the ST areas will meet th~ minimum dimensions permitted by the South Florida Water Management District. 2. Temporary site alteration for oil and gas geophysical surveys I and testing. "Temporary site" alteration shall mean only those \ alterations involving and cutting of vegetation for surveys and equipment entry, drill shot holes not exceeding six inches in diameter and rutting associated with vehicle access. Trimming of vegetation for access routes shall be kept to the minimum width necessary for surveying and testing. The site shall be restored as required by federal, state and county permits within 90-days of t he start of the project. 3. Where a conditional use has been approved, along with an environmental impact statement (EIS) or an exemption from the requirement for an EIS has been granted pursuant to section 10.02.02 of this Code. 4. Site alteration or site DEVELOPMENT around existing communication towers to expand or construct accessory structures associated with an already existing tower, not to exceed five acres. 5. All other site alteration or site DEVELOPMENT plan approvals of any size shall be as required to comply with the provisions in sections 4.02.14 D., E. and F., as applicable. /. Exemptions. The following activities shall be exempt from the requirements of section 4.02.14 E. and F. 1. Removal and control of exotic vegetation as defined in Chapter 3 of this code. Page 39 of 247 '-~" -..-." -.,-.. --.,.-- N_'^_~ 2. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry. 3. Removal of non-native vegetation pursuant to Chapter 3 of this code. J. Modification of site alteration plan or site development plan. Any modification of the site alteration plan or site DEVELOPMENT plan as approved by the county, which would alter the intent and purpose of these ST regulations, requires the procequre and approval as if for a new petition. 4.02.15 Design Standards for DEVELOPMENT in the SBCO District A. The standards described in this section shall apply to all uses in this overlay district. 1. Where specific DEVELOPMENT criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element of the GMP, they shall supersede any less stringent requirement or place additional requirements on DEVELOPMENT. 2. Existing residential uses must cease to exist no later than ten years after the effective date of the adoption of the Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan (April 19, 1999). This does not require the removal of the residential STRUCTURES if they can be, and are, converted to uses permitted in this district, within one additional year. This requirement to cease existing residential uses does not apply to DWELLING UNITS which were owner-occupied as of April 19, 1999. B. In support of the purpose and intent of the SBCO, all STRUCTURES within the overlay district shall be designed so as to be compatible with nearby residential areas and shall have a common architectural style. To the extent possible and practicable, STRUCTURES shall be designed to have a residential appearance. During the site DEVELOPMENT PLAN review process, architectural drawings shall be submitted to demonstrate adherence to these requirements. All commercial BUILDINGS and projects shall be subject to the provisions of section 5.05.08 of the LDC, except where those requirements conflict with the goal of designing BUILDINGS to have a residential appearance. C. Projects shall be encouraged to be in the form of a PUD. There shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least 40,000 square feet in area unless the proposed rezone. is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan. D. Minimum project area. One (1) acre. Page 40 of 247 E. Maximum height. BUILDINGS shall have a maximum height of two (2) stories. F. Transportation System Standards. 1. ACCESS via a rear property RIGHT-OF-WAY shall be re.quired, if available, in lieu of direct ACCESS to Santa Barbara Boulevard. ABUTTING projects shall be required to share ACCESS. 2. Projects shall be required to provide off-STREET parking and are encouraged to make provisions for shared parking arrangements with adjoining DEVELOPMENTS. 3. Projects shall provide deceleration lanes as may be determined necessary by the County Manager or designee, based upon the requirements of the "work within the RIGHT-OF-WAY ordinance" (Ordinance No. 93-64) and sound engineering practices. 4. Projects shall provide SIDEWALKS so as to encourage pedestrian and bicycle traffic. ADJACENT projects shall coordinate the location and intersection of SIDEWALKS. 4.02.16 Design Standards for DEVELOPMENT in the BMUD - Neighbor~ood Commercial Subdistrict A. The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. DEVELOPMENTS will be small-scale and pedestrian-oriented. B. Special requirements for ACCESSORY uses. 1. Uses and STRUCTURES that are ACCESSORY and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. Properties immediately ADJACENT to Haldeman Creek may engage in boat rental operations. 3. LOTS ADJACENT to the Neighborhood Commercial (NC) and Waterfront district (W) subdistricts, as indicated on BMUD Map No. 1 below, may construct a DOCK provided the LOTS are under the same ownership and have been approved by the County Manager or designee, a site DEVELOPMENT PLAN shall be submitted to the County Manager or designee. Page 41 of 247 "".. _._.....~.- -- II JIIIIIIl DIIM __RaAT_ ! ~- ~ ----... HIII--.. F.liiI----1 " ___I. IB-_.. ---- -----.... ....... 1'11: CIItirrI'ICa... ___ ......,. ~ ~ ~I_ ~Ul1DlGS"'" ... &..*1 fUI ~........... BMUD Map No.1 Page 42 of 247 C. The following regulations govem the outdoor display and sale of merchandise. 1. No automatic FLOOD and drinking vending machines or public pay phones are permitted outside of any STRUCTURE. 2. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project site. ::1 3. Outdoor display and sale of merchandise, within .FRONT YARDS on improved properties, are permitted subject to the following provisions: a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. b. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site DEVELOPMENT PLAN that demonstrates that provision will be made to adequately address the following: I i. Vehicular and pedestrian traffic safety measures. I ii. Location of sale/display of merchandise in relation to pai'king areas. iii. Fire protection measures. iv. Limited hours of operation from dawn until dusk. v. Merchandise must be displayed in a vendor cart that complements the architectural style of the BUILDING that it is ACCESSORY to. vi. Vendor carts located on SIDEWALKS must afford a five (5)- foot clearance for non-obstructed pedestrian traffic. D. Dimensional Standards Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Oesian Standard Minimum setbacks Front yard BUILDINGS containing commercial or residential uses are required to a minimum depth of 35 feet from the front setback line on all floors. The remaining depth may be used for parking. At five feet, 80 percent of the structure must be located at the required front setback line. Front yard - infill project Consistent front yard with ADJACENT exitinQ structures. Side yards - abutting residential 15 feet Page 43 of 247 --~--- Side yards - all other 5 feet Rear yard 20 feet Waterfront ..: 25 feet BUILDING standards Locations on Bayshore Drive First floor elevation level with the sidewalk. The first floor of the BUILDINGS must be utilized for commercial purposes BUILDING Design Where possible BUILDINGS facing Bayshore Drive wraparound the corner as depicted on BMUD Figure 1. Maximum DENSITY For the residential component--12 units per acre. Minimum floor area 700 square foot gross floor area for each BUILDING on the ground floor. Maximum height of structures Commercial use BUILDINGS 3 stories, or 42 feet above the sidewalk GRADE to the BUILDING eave. Residential use only 3 stories or 42 feet above the sidewalk GRADE to the BUILDING eave. Mixed-use residential over 4 stories or 56 feet above the sidewalk commercial uses GRADE to the BUILDING eave. The first floor of the BUILDING at the sidewalk level shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. 'Outdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required SETBACK. 2To allow the maximum use of the waterfront, BUILDING placement on a LOT can vary from the required SETBACKS, provided such variation is recommended by the CRA staff and the county architect and approved by the County Manager or designee. E. Parking standards. 1. Three spaces per 1,000 square feet of FLOOR AREA open to the general public for commercial use. 2. Minimum one parking space for each residential unit. 3. Outdoor cafe areas shall be exempt from parking calculations. 4. ACCESS to the off-STREET parking facility must be from the local STREET unless restricted due to LOT size. 5. Should the property owner develop on-STREET parking spaces on local STREETS within the same BLOCK of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. 6. On-STREET parking on local STREETS excluding Bayshore Drive requires an agreement with the county to use the public RIGHT- Page 44 of 247 OF-WAY for parking. Angle or parallel parking (as depicted on BMUD Figure 2 below) is permissible based on the site DEVELOPMENT PLAN as approved by the planning services department and built to county standards. The property owner must agree to maintain that portion of the public RIGHT-OF-WAY where the parking is located. Page 45 of 247 .,_.- MUD Figure 2 - Typical on-STREET parking 7. LOTS ADJACENT to the Neighborhood Commercial (NC) and Waterfront district (W) subdistricts, as indicated on BMUD Map No. 1 above, may be used for off-site parking provided the LOTS are under the same ownership, meet the standards of section 4.05.02 of this LDC and have been approved by the County Manager or designee a site DEVELOPMENT PLAN shall be submitted to the County Manager or designee. 8. On-STREET parking on B.ayshore Drive shall be made available to the property owner on a. first come first serve basis at the time of site DEVELOPMENT PLAN (SDP) or site improvement plan (SIP) approval provided the parking does not interfere with the on- STREET BIKE LANES and is located within the BLOCK in which the BLOCK that the property it serves is located. 9. Construction or renovation of any BUILDING must occur within ninety (90) days of the SOP or SIP approval and be completed within six (6) months of commencement in order to secure the on- STREET parking spaces. Due to circumstances beyond the control of the APPLICANT the property owner may request an extension from the County Manager or designee. These spaces must be used toward the fulfillment of the parking requirements set forth herein. 10. The off-site parking requirements of section 4.05.02 J. of the LDC shall apply. Vehicular egress points may be located on local STREETS opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. 11. Shared parking requirements shall be consistent with those provided in subsection 4.05.02. of the LDC except that the County Manager or designee can approve or deny requests instead of the Board of Zoning Appeals or Planning Commission. Shared parking spaces may be separated by Bayshore Drive provided the two properties are located within the BMUD. F. Design standards for awnings, loading docks, and dumpsters. 1. Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler requirements but only from the potable water supply without requirements for backtlow protection. 2. Loading docks and service areas shall not be allowed on the FRONT AGE line. 3. All dumpsters must be located in the rear YARD and not visible from Bayshore Drive. G. Architectural standards. Page 46 of 247 .. 1. All BUILDINGS shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. All BUILDINGS ADJACENT to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive. 3. Thirty-five (35) percent of the BUILDING FACADE that faces Bayshore Drive will be clear glass. 4. Clear glass windows between the height of three (3) and eight (8) feet above SIDEW ALK GRADE are required on the primary FACADE of the first floor of any BUILDING. 5. Attached BUILDING awnings may encroach over the SETBACK LINE by a maximum of five (5) feet. 6. Neon colors shall not be used as accent colors. 4.02.17 Design Standards for DEVELOPMENT in the BMUD - Waterfront Subdistrict A. Special conditions for MARINAS: 1. Repair and storage areas shall not be visible from the local STREET. 2. Boats available for rental purposes shall be located in the water or properly screened from the local roadways and not visible from Bayshore Drive. 3. All boat racks shall be enclosed. 4. Height of STRUCTURES may be increased to a maximum height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. The BZA, in addition to the findings in Chapter 9, shall consider whether or not the literal interpretation of the provisions of this LDC imposes a financial hardship on the APPLICANT. 5. Outdoor displays of new boats for sale on properties fronting Sayshore Drive shall be limited to the following: a. All areas used for new boat sales activities shall occupy no more than thirty-five (35) percent of the linear FRONT AGE of the property. b. All boat sale activities are limited to new boat sales. c. All new boat sale areas shall not be closer to the FRONT AGE line than the primary BUILDING they serve unless it is otherwise recommended by the CRA staff and administratively approved by the County Manager or designee. d. All new boats located within an outdoor sale area shall not exceed the height of seventeen (17) feet above existing GRADE. Page 47 of 247 e. Outdoor sales areas shall be connected to the parking area and primary STRUCTURE by a pedestrian walkway. f. An additional LANDSCAPE BUFFER is required around the perimeter of the outdoor boat sales area. This BUFFER must include, at a minimum fourteen (14)-foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three feet on center at the time of planting. 6. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the following: a. All areas used for boat sales shall utilize no more than fifty (50) percent of the linear FRONT AGE of the property. b. All boat sale areas shall be no closer to the FRONT AGE line than the primary BUILDING they serve unless it is otherwise recommended approved by the County Manager or designee. c. All boats located within outdoor sales areas shall not exceed a height of thirty-five (35) feet above the existing GRADE. Sailboat masts are exempt from this limitation. I I d. Outdoor sales areas shall be connected to the parking area and primary STRUCTURE by a pedestrian walkway. : \ e. An additional LANDSCAPE BUFFER is required around the perimeter of the outdoor sales area. This BUFFER must include, at a minimum fourteen (14) foot high trees, spaced at thirty (30) feet on center and a three (3)-foot high double row hedge spaced at three (3) feet on center at the time of planting. 7. One (1) parking space per five (5) dry boat storage spaces. 8. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential DEVELOPMENTS. 4.02.18 Design Standards for DEVELOPMENT in the BMUD - Residential Subdistrict (R1) A. Dimensional and Design Standards Table 12. Design Standards in the BMUD Residential Subdistrict R1. Desi n Standard Maximum DENSITY 12 units er acre Minimum Lot Width feet Single-family and Two-family 50 feet Townhouses 25 feet Multi-famil 100 feet Minimum setbacks Front Yard Min. Side Yard At* Page 48 of 247 One (single) family units 10 feet 7 1/2 feet unless abutting 15 dwelling commercial property, then 5 feet Two family dwelling units 1 0 feet 5 feet unless abutting 15 single-family unit, then 7.5 feet Townhouse 10 feet o feet when abutting 15 another townhouse, if not then the same standards as a two family dwelling unit Multi-family (three or more) 10 feet 5 feet unless abutting 15 dwelling units single family unit, then 7.5 feet BUILDING standards Minimum floor area 750 square feet oer unit Maximum height of orincioal structures 3 habitable floors or 40 feet Maximum height of accessory screen Same as principal structure, not to enclosures exceed 35 feet Maximum height of all other ACCESSORY 15 feet STRUCTUREs Parkina Standards All uses 1 soace oer dwellina unit *Shall be ten feet from the property line to the BUILDING footprint. B. Specific Design Requirements 1. There shall be no visible parking area from the FRONT AGE road. 2. BUILDINGS and their elements shall adhere to the following: (See BMUD figure 4 below): a. BUILDINGS shall be divided using articulation and/or modulation at least every eighty (SO) feet. FACADE modulation is stepping back or extending forward a portion of the FACADE at least six (6) feet measured perpendicular to the front FACADE for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. b. The primary residence shall be oriented to the STREET. Orientation is achieved by the provision of a front FACADE including an entry door that faces the STREET. c. On corner LOTS, both STREET FACADES of a BUILDING shall have complementary details; in particular, BUILDING materials and color, rooflines and shapes, window proportions and spacing, and door placement. d. All mechanical equipment must be screened with a three (3)- foot high hedge spaced three (3) feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. e. Stem wall construction is required, no monolithic construction is allowed. Page 49 of 247 - _.._-~- .... ,-~_.- -,~- BMUD Figure 4 - Typical front elevation, residential DEVELOPMENT 3. BUILDINGS shall adhere to the following elevation requirements: a. The first habitable floor at the STREET FACADE may not be greater than one (1) foot over the minimum first floor elevation designated in the National FLOOD Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of forty (40) percent of the first habitable floor may be greater than one (1) foot over the FEMA-designated minimum first floor elevation. Page 50 of 247 b. Open stilt-type construction is not permitted. On FRONT YARDS, the FACADE area below the first floor must be treated with a solid FACADE or lattice which is consistent with the architectural style of the BUILDING. c. The garage floor shall not exceed twenty-four (24) inches above the elevation of the RIGHT-OF-WAY from which it is ACCESSED. 4. Front porches that adhere. to the following standards may encroach seven (7) feet into the FRONT YARD SETBACK, with an additional three (3)-foot encroachment allowable for entry stairs. a. Front porches must cover a minimum of forty (40) percent of the horizontal length of the FRONT YARD FACADE of the primary residence. b. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. c. Front porches shall not be air-conditioned nor enclosed. with glass, screen, or other material. ! I I d. Second-story porches are encouraged, but no enclosed room is permitted above the front porch. 5. Garages and DRIVEWAYS. a. The rear SETBACK may be reduced to ten (10) feet if a front- ACCESS garage is constructed on the rear of the residence. b. Garage doors shall have a maximum width of sixteen (16) feet. c. Only one (1) DRIVEWAY is allowed per fifty (50) linear feet of front property line. The DRIVEWAY shall have a maximum width of eighteen (18) feet in the RIGHT-OF-WAY area. d. Other than the permitted DRIVEWAY, the FRONT YARD may not be paved or otherwise used to accommodate parking. e. Garages shall be recessed a minimum of three (3) feet behind the front FACADE of the primary residence. f. No carports are permitted. 6. An ACCESSORY unit is a separate STRUCTURE located at the rear of the property and related to the primary residence for uses which include, but are not limited to: Library studio, workshop, playroom, or GUEST QUARTERS. Ownership of an ACCESSORY unit shall not be transferred independently of the primary residence. a. Only one (1) ACCESSORY unit is permitted per PRINCIPAL STRUCTURE. Page 51 of 247 ~"..- b. The maximum area of an ACCESSORY unit is 550 square feet, limited to one (1) habitable floor. c. The ACCESSORY unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. d. The maximum height of a STRUCTURE containing a guest unit over a garage is limited to eighteen (18) feet, measured from the level of GRADED LOT to the eave, and with a maximum overall BUILDING HEIGHT of twenty (24) feet to the top of the roof. A STRUCTURE containing only a guest unit is limited to one (1) story and ten (10) feet, measured from the FEMA first habitable floor height requirement to the eave, with a maximum overall BUILDING HEIGHT of sixteen (16) feet to the top of the roof. e. For purposes of calculating DENSITY, an ACCESSORY unit will count as one-half (1/2) a DWELLING UNIT. 7. Fencing forward of the primary FACADE of the STRUCTURE is permitted subject to the following conditions: a. The fence does not exceed four (4) feet in height. b. The fence is not opaque but provides an open view. c. Chain link fence is prohibited. d. The fence material shall be wood, vinyl, or iron. e. A masonry wall is permitted and shall not exceed three (3) feet in height. f. Fencing and walls must architecturally complement the primary STRUCTURE as determined by the County Manager or designee. C. Specific standards for bed and breakfast lodging as a CONDITIONAL USE: 1. A site DEVELOPMENT PLAN pursuant to Chapter 10. 2. Minimum number of guest rooms or suites is two (2) with a maximum number of six (6). Guest occupancy is limited to a maximum stay of thirty (30) days. The minimum size of bedrooms for guest occupancy shall be 100 square feet. 3. No cooking facilities shall be allowed in guest rooms. 4. Separate toilet facilities for the exclusive use of guests must be provided. At least one (1) bathroom for each two (2) guestrooms shall be provided. 5. All automobile parking areas shall be provided on-site based upon a minimum of two (2) spaces plus one (1) space for each two (2) Page 52 of 247 bedrooms. All other applicable provisions of this LDC relative to parking facilities shall apply. 6. One (1) SIGN with a maximum SIGN area of four (4) square feet containing only the name of the proprietor or name of the residence. SIGN lettering shall be limited to two (2) inches in height and shall not be illuminated. 7. An on-site manager is req~ired. 8. The facility shall comply with all business license, certifications, and health laws of Collier County and the State of Florida. 4.02.19 Design Standards for DEVELOPMENT in the BMUD-Residential Subdistrict (R2) A. DEVELOPMENT standards for the subdistrict are the same as those set forth for the Residential subdistrict 1, unless set forth below. Table 13. SETBACK Standards for BMUD Residential Subdistrict (R2) Front Yard At" Min. Side Yard Min. Rear Yard One (Single) 25 feet 7.5 feet 15 feet Family Dwelling I Units !I I Two Family 25 feet 6 feet unless abutting 15 feet Dwelling Units single family unit, then 7.5 feet Townhouse 25 feet 6 feet unless abutting 15 feet single family unit, then 7.5 feet Multi- Family 25 feet 6 feet unless abutting 15 feet (Three or more) single family unit, then DwellinQ Units 7.5 feet "Shall be 25 feet from the property line to the BUILDING footprint. 4.02.20 Design Standards for DEVELOPMENT in the BMUD-Residential Subdistrict (R3) A. The purpose of this district is to allow the DEVELOPMENT of MOBILE HOME, modular home, TOWNHOUSES and single-family residences. All new DEVELOPMENT in this Subdistrict shall be compatible with the BUILDING patterns and faCfade articulation of traditional neighborhood design. The intent is to create a row of residential units with consistent FRONT YARD SETBACKS and ACCESS to the STREET. DEVELOPMENT standards for this Subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. B. Minimum LOT width Single-family 40 feet Modular homes 40 feet Page ~3 of 247 .-.__.<-'"...__._--,._^-------~_._-_._.- Townhouses 25 feet Mobile homes 40 feet C. YARD requirements. Front Yard Min. Side Yard Min. . At Rear Yard One (Single) Family Dwelling 1 0 feet 5 feet 8 feet Units Modular Dwelling Units 1 0 feet 5 feet 8 feet o feet when Townhouse 1 0 feet abutting another 8 feet townhouse, if not then 5 feet. Mobile Homes 1 0 feet 5 feet 8 feet 4.02.21 Design Standards for DEVELOPMENT in the BMUD - Residential Neighborhood Commercial Subdistrict (RNC) A. Home occupation in section 5.02.00 of the LDC, shall apply unless specified otherwise below. DEVELOPMENT standards for the subdistrict are the same as those set forth for the residential subdistrict 2, unless otherwise set forth below. B. The home occupations permitted include: Accounting (8721), auditing and bookkeeping services (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology schools, or barber colleges), engineer or architectural services (8713, 8712, 8711), insurance agents and brokers (6411), legal services (8111), and real estate agents (6531 except MOBILE HOME brokers, on-site; housing authorities, operating). C. The home occupation shall be clearly incidental to and secondary to the use of the DWELLING for residential purposes and shall not change the character of the DWELLING UNIT. The following conditions shall be met: 1. There shall be a minimum of one (1) residential DWELLING UNIT. 2. The resident of the home shall be the owner and operator of the home occupation. 3. The home occupation shall not occupy more than (thirty) 30 percent of the primary residential STRUCTURE. 4. The home occupation shall not employ more than two (2) employees at any given time. Page 54 of 247 5. One (1) wall SIGN shall be permitted provided it does not exceed six (6) square feet in area, and shall not project more than four (4) feet from the BUILDING on which the SIGN is attached. 6. A total of two (2) parking spaces shall be provided for clients or customers. Two (2) additional parking spaces shall be provided for employees, if any. The required parking area or areas shall not be located in the FRONT YARD of the residence. 7. Parking areas shall consist of a dust free surface such as: Mulch, shell, or asphalt. A single row hedge at least twenty-four (24) inches in height at the time of planting shall be required around all parking areas. 8. There shall be no additional DRIVEWAY to serve such home occupation. 9. There shall not be outdoor storage of materials or equipment 'used or associated with the home occupation. 4.02.22 Design Standards for the GZO District A. These regulations are intended to supplement the existing 'land I DEVELOPMENT regulations found in this LDC. In the event ;of a conflict between other provisions of this LDC and these regulations, these regulations contained in this overlay shall control. B. Dimensional Standards Table 14. Design and Dimensional Standards in the GZO District. Desian Standard Maximum BUILDING height Same as the VR District, but not more than 2 levels of habitable space for residential Dumoses Minimum lot requirements Same as the VR District, except as follows: Single family dwelling or mobile home Minimum lot area 4,275 square feet Minimum lot width 45 feet Minimum lot requirements Same as the RSF-4 District, except as follows: Minimum lot area 5,000 square feet Minimum lot width 50 feet Minimum setback requirements Same as the RSF-4 District, except as follows: Side yard 5 feet C. Specific design standards 1. Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer SUBDIVISIONS, boats, trailers, RECREATIONAL VEHICLES and other recreational equipment may be stored in any YARD subject to the following conditions. Page 55 of 247 a. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored. b. No RECREATIONAL VEHICLE or equipment shall exceed thirty-five (35) feet in length. c. No RECREATIONAL VEHICLE or equipment shall be parked, stored nor encroach in any county RIGHT-OF-WAY or EASEMENT. d. RECREATIONAL VEHICLES or equipment that exceed thirty- five (35) feet in length shall be subject to the provisions of the County Code regarding parking of commercial or RECREATIONAL VEHICLES. e. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions: No vehicle shall block or impede traffic. 2. Within the VR and RSF-4 zoning districts, fishing equipment, such as crab traps, anchors and other similar items, may be displayed or stored in any YARD subject to the following conditions. a. The storage of fishing related equipment is permitted only in association with a fishing-related business. b. Storage of toxic materials is prohibited. c. The storage or display area shall be located a minimum of five (5) feet from any property line or County RIGHT-OF-WAY. d. Fishing related items may be used for decorative purposes. 4.02.23 Design Standards for DEVELOPMENT in the Activity Center #9 Zoning District A. All BUILDINGS and projects within Activity Center #9 shall be developed or redeveloped in accordance with one (1) or more of the design themes defined in the Activity Center #9 Interchange Master Plan. The design themes shall be incorporated into architecture, landscape, signage, gateway features, and roadway lighting. B. BUILDINGS within the Activity Center #9 shall be limited to three (3) complementary character themes: Everglades, Rural and Old Florida, as defined in the Vision Statement of the Activity Center #9 Interchange Master Plan. C. In addition to the requirements of section 5.05.0S, BUILDINGS shall have features that characterize the area character themes. These elements include: 1. All primary FACADES of a BUILDING shall feature one (1) or more of the following design elements listed below: a. Porch. Page 56 of 247 . b. Portico. c. Elevated first floor or elevated entry. d. Any other treatment which the County Manager or designee determines to represent the character themes of this' 9verlay district. 2. Roof treatment. a. BUILDINGS with gross FLOOR AREAS of less than 10,000 square feet shall have pitched roofs. Pitched roofs shall have a minimum of 4/12 slope. b. BUILDINGS with gross FLOOR AREAS of 10,000 square feet or greater shall have one or more of the following roof treatments: i. Pitched roof with a minimum slope of 4/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of fifty (50) percent of the length of any primary FACADE, and a minimum of thirty (30) percent of the attached FACADES as measured from the connection point. c. INDUSTRIAL USE BUILDINGS shall have one (1) or more of the following roof treatments: i. Pitched roof with a minimum slope of 3/12. ii. Flat roof with mansard edge treatment. iii. Flat roof with a combination of pitched and mansard roof elements that extend along a minimum of thirty (30) percent of the length of any primary FACADE, and twenty (20) percent of the attached FACADES as measured from the connection point. d. Roof material shall be tile or metal. e. Roof overhangs shall be deep, no less than three (3) feet beyond the supporting walls. f. To create articulation, roofs shall include a minimum of one (1) of the following architectural elements: i. Clearstory windows. ii. Cupolas. iii. Dormers. iv. Any other treatment which the County. Manager or designee determines to represent the character themes of this overlay district. Page 57 of 247 -...-" D. Lighting fixtures and signage within the Activity Center #9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 5.05.08 regardless of the gross BUILDING area. 4.02.24 Corridor Management Overlay District (CMO) - Special Regulations for Properties Abutting Golden Gate Parkway West of Santa Barbara Boulevard and Goodlette-Frank Road South of Pine Ridge Road. A. Required SETBACKS . . 1. Goodlette-Frank Road. Fifty (50) feet. 2. Fifty (50) feet for the first floor of all commercial DEVELOPMENT, 100 feet for the first floor of all other DEVELOPMENT except for properties zoned estates district (E), which shall be set back seventy-five (75) feet. 3. As BUILDING HEIGHT increases, the FRONT YARD SETBACK shall be increased by twenty-five (25) feet for each additional floor or BUILDINGS shall be stepped back to provide a vertical slope SETBACK of two (2) to one (1 ). Single-family residence DEVELOPMENT shall be exempt from this provision. B. Two-way ingress and egress shall be a minimum of 330 feet from the nearest STREET intersection (measured from intersecting RIGHT-OF- WAY lines). One-way ingress and egress shall be a minimum of 150 feet from the nearest intersection. If a property ABUTS a side STREET except that if the property is five (5) acres or less in size, ACCESS shall be limited to the side STREET. C. Golden Gate Parkway. Property identification SIGNS shall not be higher than four (4) feet above the ground or exceed sixty (60) square feet per side in size. Post-mounted SIGNS shall not be allowed. SIGNS shall be set back a minimum of fifteen (15) feet from the road RIGHT-OF-WAY. 4.02.25 MOBILE HOME Overlay District (MHO) - Special Regulations for MHO in Rural Agricultural (A) Districts. The minimum area that may be petitioned for rezoning to the MHO overlay district shall be forty (40) acres. However, acreage and SETBACK requirements must comply with the base zoning district for each individual LOT OF RECORD within the established overlay district. 4.02.26 Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO) - Special Conditions for the Properties ABUTTING Golden Gate Parkway East of Santa B~rbara Boulevard as Referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan. Page 58 of 247 A. The following standards shall apply to all uses in this overlay district. Where a specific DEVELOPMENT criteria and standards also exist in the Golden Gate Master Plan, or the Future Land Use Element of the GMP, they shall supersede any less stringent requirement or place additional requirements on DEVELOPMENT. B. In support of the purpose and intent of the GGPPOCO a common architectural style is required for all proposed DEVELOPMENT within the overlay district. During the site DEVELOPMENT PLAN review process, architectural drawings shall be submitted indicating that all proposed BUILDINGS will have an architectural style which is similar to that approved for the existing PUDs within the district boundaries. Such architectural drawings shall depict, at a minimum, the following: the use of stucco, except for trim; pastel colors; pedestrian pockets, including benches and lampposts; tile roofs, except that where tile roofs are not provided, decorative parapet walls shall be constructed above the roof line. C. Projects shall be encouraged in the form of a PUD (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least 40,000 square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). D. Minimum project area shall be two (2) acres. E. BUILDINGS shall be set back from Golden Gate Parkway a minimum of forty (40) feet and from rear LOT LINE a minimum of twnety-five (25) feet. F. BUILDINGS shall have a maximum height of twenty-five (25) feet plus ten (10) feet for under BUILDING parking. G. Transportation 1. ACCESS to projects shall be provided exclusively via Golden Gate Parkway and shall be limited to one (1) per 450 feet commencing at the centerline of Santa Barbara Boulevard but shall nonetheless comply with the ACCESS Control Policy (Res. 01-247) in place at the time of DEVELOPMENT. 2. Projects shall be required to provide off -STREET parking and may make provisions for shared parking arrangements with adjoining DEVELOPMENTS. 3. Projects shall provide deceleration and acceleration lanes as may be determined by the County Manager or designee or his designee based upon the requirements of the "work within the RIGHT-OF- WAY ordinance" (Ordinance No. 93-64) and sound engineering practices. Page 59 of 247 .._- --.. .-'-' 4. Projects shall encourage pedestrian traffic by providing SIDEWALKS. ADJACENT projects shall coordinate location of SIDEWALKS. H. Each project shall be limited to one (1) SIGN not to exceed twenty (20) square feet and six (6) feet in height. No flashing or mechanical SIGNS shall be allowed. SIGNS shall be located at a minimum fifteen (15) feet from the RIGHT-OF-WAY. Wall, mansard, canopy or awning SIGNS are permitted under section 5.06.00. Exceptions to these SIGN restrictions are those SIGNS permitted under section 5.06.00 (SIGNS exempt from permitting). I. Landscaping. 1. Projects shall provide a ten (10)-foot BUFFER between vehicular RIGHT-OF-WAY and required SIDEWALK and shall provide landscaping of one (1) shade tree per thirty (30) linear feet. Such trees shall be minimum of eight (8) feet in height and one and one- half (1112) inches in diameter at the time of planting that shall have a minimum canopy of fifteen (15) feet at maturity. In addition, a hedge or BERM planting combination shall be planted along the entire length of this ten (10)-foot BUFFER consistent with seCtion , 4.06.00. ! 2. A minimum of ten (10) percent of the gross VEHICULAR USE AREA shall be landscaped to provide visual relief. One (1) tree, as described in section 4.02.26 1.1., shall be provided for each seventy-five (75) square feet of this landscaped area. This landscaping shall be placed within the VEHICULAR USE AREA. J. Central water and sewer facilities shall be available prior to DEVELOPMENT. 4.02.27 Specific Design Standards for the Immokalee - State Road 29 A Commercial Overlay Subdistrict A. ACCESS points to SR-29 shall comply with Florida State Department of Transportation (FOOT) permitting regulations. PARCELS that do have a minimum of 440-feet of STREET FRONT AGE shall provide ACCESS off existing ADJACENT roadways, when possible, and should not ACCESS to SR-29. B. Owners of LOTS or combinations of LOTS having less than the required STREET FRONT AGE may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. C. BUILDING design standards Page 60 of 247 . 1. BUILDINGS shall be set back from SR-29 a minimum of twenty- five (25) feet and from the rear LOT LINE a minimum of twenty-five (25) feet. 2. Projects with a total BUILDING square footage of less, than or equal to 5,000 square feet shall provide a ten (ten)-foot Type A LANDSCAPE BUFFER as described in section 4.06.00 between vehicular RIGHTS-OF-WAY with required SIDEW ALKS and ADJACENT residential DEVELOPMENT. ADJACENT commercial projects shall provide coordinated landscape plans. 3. Projects with a total BUILDING square footage of less than or equal to 5,000 square feet shall provide an area equal to a minimum of two and one-half (2%) percent of the total interior VEHICULAR USE AREA which shall be landscaped to provide visual relief. 4. Projects with a total BUILDING square footage exceeding 5,000 square feet shall pr<..\'ide LANDSCAPE BUFFERING in accordance with section L. ,06.00 of this LDC. 5. BUILDINGS shall have a maximum height of fifty (50) feet. D. Transportation 1. Shared parking arrangements between adjoining DEVELOPMENTS shall be encouraged. 2. Deceleration and acceleration lanes shall be provided. 3. Pedestrian traffic shall be encouraged by providing SIDEWALKS. The location of these SIDEWALKS shall be coordinated with ADJACENT projects. 4.02.28 Specific Design Standards for the Immokalee - Jefferson Avenue Commercial Overlay Subdistrict A. BUILDING design standards 1. Projects with a total BUILDING square footage of less than or equal to 5,000 square feet shall provide a ten (10)-foot Type A LANDSCAPE BUFFER as identified in section 4.06.00 of this LDC on Jefferson Avenue. 2. Projects with a total BUILDING square footage exceeding 5,000 square feet shall provide LANDSCAPE BUFFERing in accordance with section 4.06.00 of this LOC. 3. Commercial BUILDINGS shall be set back from Jefferson Avenue a minimum of twenty-five (25) feet. 4. Commercial BUILDING shall have a maximum height of fifty (50) feet excluding ten (10) feet for under-BUILDING parking. B. Transportation Page 61 of 247 -- - 1. ACCESS points for future commercial DEVELOPMENT shall be limited to a maximum one (1) per 150 feet of STREET FRONT AGE. Properties with less than the required STREET FRONT AGE, shall be encouraged, and may be required as a condition of site DEVELOPMENT PLAN approval, to utilize shared ACCESS points with adjoining commercial DEVELOPMENT. 2. Owners of LOTS or combination of LOTS having less than the 150-foot of required FRONT AGE may petition the Board of Zoning Appeals for a variance fr~m the standard in this subdistrict as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 3. Provisions for shared parking arrangements with adjoining DEVELOPMENTS shall be encouraged. 4.02.29 Specific Design Standards for the Immokalee - Farm Market Overlay Subdistrict A. Dimensional standards shall be as required for the C-5 zoning district except that the minimum FLOOR AREA shall be 500 square feet gross FLOOR AREA for permitted principal agricultural STRUCTURES. I I B. The following uses, as identified in the Standard Industrial Classification Manual (1987), are exempt from the provisions set forth in section 5.05.08, Architectural and Site Design Standards for Commercial BUILDINGS and Projects. 1. Agricultural Services (0723) 2. Wholesale Trade (5148) 3. Agricultural Outdoor Sales C. Outdoor sales of AGRICULTURAL PRODUCTS are permitted on improved or unimproved properties provided the APPLICANT submits a site DEVELOPMENT PLAN which demonstrates that provisions will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Parking for undeveloped properties will be calculated at a rate of 1/250 square feet of merchandise area. A maximum of ten (10) percent of the parking required by section 4.05.00 of this LDC may be occupied or otherwise rendered unusable by the placement of temporary STRUCTURES, equipment, SIGNS, and merchandise. The minimum number of disabled parking spaces pursuant to section 4.05.00 shall be required. 3. Limited hours of operation. 4. Fencing, lighting. Page 62 of 247 5. Fire protection measures. 6. Sanitary facilities. 7. The APPLICANT shall provide a notarized letter from the property owner granting permission to utilize the subject property for agricultural outdoor sales. 8. The placement of one (1) SIGN, a maximum of thirty-two (32) square feet, or two (2) such SIGNS for properties containing more than one (1) STREET FRONT AGE shall be permitted. 9. AGRICULTURAL PRODUCTS may be sold from a vehicle provided that the vehicle is not located in the road RIGHT-OF- WAY. 10. AGRICULTURAL PRODUCTS may be displayed within any FRONT YARD provided it does not adversely affect pedestrian or vehicular traffic or public health or safety and is not located within the road RIGHTS-OF-WAY. 11. A minimum five (5)-foot LANDSCAPE BUFFER shall be required ADJACENT to any road RIGHTS-OF-WAY. I 4.02.30 Specific Design Standards for the Immokalee - Agribusiness Overlay Subdistrict The following uses, as identified in the Standard Industrial Classification Manual (1987), are exempt from the provisions set forth in section 5.05.08. of the Architectural and Site Design Standards for Commercial BUILDINGS and Projects: Agricultural Services (0723) and Wholesale Trade (5148). 4.02.31 Specific Design Standards for the Immokalee - Central Business Overlay Subdistrict Parking within the Immokalee Central Business Subdistrict shall meet the following standards: A. LOTS, PARCELS, or uses which have FRONTAGE on West Main STREET (SR 29) or First STREET (CR 846) shall comprise the primary areas. 1. Uses in existence as of the effective date of this LDC are exempt from the minimum parking requirements as set forth in section 4.05.00 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this LDC. 2. The expansion of any use shall require parking at fifty (50) percent of the minimum requirement as set forth in section 4.05.00 for the expansion only. Page 63 of 247 ~,- -...- 3. A change of any use shall be exempt from the minimum parking requirements as set forth in section 4.05.00 up to an intensity level of one (1) parking space per 100 square feet. A change of use to an intensity of greater than one (1) space per 100 square feet shall require parking at one (1) parking space per 150 square feet. 4. Any use in a BUILDING constructed after the effective date of this LDC will be required to provide parking at fifty (50) percent of the minimum requirement as set forth in section 4.05.00. B. LOTS, PARCELS, or uses which do not have FRONT AGE on Main STREET or First STREET shall comprise the secondary area. 1. Uses in existence as of the effective date of this LDC are exempt from the minimum parking requirements as set forth in section 4.05.00 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this LDC. 2. The expansion of any use shall require an addition to any parking of the minimum number of required spaces as set forth under section 4.05.00, for the expansion only. 3. A change of any use shall be exempt from the minimum parking requirements as set forth in section 4.05.00 up to an intensity level of one (1) parking space per 100 square feet. A change of use to an intensity greater than one (1) parking space per 100 square feet shall require parking at fifty (50) percent of the minimum requirement as set forth under section 4.05.00. No change in use shall allow for a reduction of the current number of parking spaces provided. 4. Any use in a BUILDING constructed after the effective date of this LDC will be required to provide parking at sixty-seven (67) percent of the minimum requirement as set forth in section 4.05.00. C. In no way shall the provisions of the Immokalee central business subdistrict (ICBSD) be construed so as to prevent establishments within the boundaries from taking advantage of off-site parking arrangements as set forth in section 4.05.00. Furthermore, the maximum distances set forth in section 4.05.00 shall be increased to 60D feet within the boundaries of the ICBSD, Properties within the ICBSD entering into off-site parking agreements with properties outside the ICBSD may utilize the 60D-foot rule. 4.02.32 Specific Design Standards for the Immokalee - Main STREET Overlay Subdistrict A. Dimensional Standards Page 64 of 247 1. FRONT YARD. Ten (10) feet except in the event of an awning, arcade or colonnade which may extend up to seven (7) feet into the required YARD. 2. Side YARD. Zero (0) in the event a wall is contiguous to. another wall on an ADJACENT property, otherwise ten (10) feet. 3. Rear YARD. Five (5) feet. 4. Rear YARD ABUTTING residential. Twenty (20) feet. 5. STRUCTURES shall be no more than thirty-five (35) feet in height, except that HOTEL/MOTEL uses shall be no more than fifty (50) feet in height. B. Minimum off-STREET parking and off-STREET loading. As permitted by section 4.02.31. standards for parking within the Immokalee Central Business district, and as set forth below: 1. Outdoor cafe areas, shall be exempt from parking calculations. 2. All properties within the r,1ain STREET Overlay subdistrict, having FRONT AGE on Main S.';'"REET, First STREET or Ninth STREET are required, by this subdistrict to locate all parking areas in the rear YARD and/or in side YARDS. I I C. SIGNS. 1. Projecting SIGNS are permitted in addition to permitted SIGNS provided such SIGNS do not exceed six (6) square feet in size and are elevated to a minimum of eight (8) feet above any pedestrian way. 2. Sandwich boards are permitted, one (1) per eating establishment, not to exceed six (6) square feet in size and shall only be displayed during business hours. D. DEVELOPMENT shall be subject to the provisions of section 5.05.08, Architectural and site design standards for commercial BUILDINGS and projects, except as set forth below: 1. Properties having FRONT AGE on Main STREET or First STREET or Ninth STREET are required to locate their primary business entrance on that STREET. PARCELS fronting both Main STREET and First STREET or both Main STREET and Ninth STREET are required to locate their primary business entrance on Main STREET. 2. Reflective or darkly tinted glE5S is prohibited on ground floor windows. 3. Properties with less than fifty (50) feet of road FRONT AGE shall only require a minimum of one (1) roof change. Page 65 of 247 -^" .......----,._-- 4. Commercial projects 5,000 square feet in size or less shall only require a minimum of two (2) design features, as described within section 5.05.080f this LDC. 5. To encourage reDEVELOPMENT within the Main STREET Overlay subdistrict, for proposed reDEVELOPMENT of existing projects that do not increase IMPERVIOUS SURFACE area and whose total BUilDING area is less than or equal to 5,000 square feet in size, the APPLICANT shall be exempt from section 4.06.00 of the landscaping and BUFFERING provisions, requiring the seal of a landscape architect and shall also be exempt from section 5.05.08., Architectural and Site Design Standards and Guidelines for Commercial BUilDINGS and Projects, requiring the seal of an architect. 6. The minimum commercial design criteria, as set forth above, shall be applicable to projects with a total BUilDING square footage of less than or equal to 5,000 square feet. E. To encourage reDEVELOPMENT, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistrict. The following LANDSCAPE BUFFERING criteria shall be applicable to projects with a total BUilDING square footage of less than or equal to 5,000 square feet: 1. Properties ADJACENT to residentially zoned LOTS/PARCELS shall provide a minimum ten (10) foot wide LANDSCAPE BUFFER, six (6) foot high hedge or wall (four (4) feet at planting; six (6) feet within one (1) year) with trees spaced no more than twenty (25) feet on center; 2. Properties ADJACENT to commercially zoned lOTS/PARCELS shall provide a minimum five (5)-foot wide LANDSCAPE BUFFER with a single row hedge and trees spaced no more than thirty (30) feet on center. The hedge shall at a minimum consist of three (3) gallon plants, two (2) feet in height spaced a minimum of three (3) feet on center at planting. 3. A minimum five (5)foot BUFFER, with at least two (2) trees per lOT/PARCEL or one (1) tree per forty (40) linear feet whichever is greater, shall be required ADJACENT to all RIGHTS-OF-WAY; 4. lOTS/P ARCELS that are unable to meet the above minimum landscape criteria, shall be required to provide landscape planters and/or flower boxes for each such property, as recommended by the County Manager or designee. F. Special requirements for outdoor display and sale of merchandise. Page 66 of 247 1. Outdoor display and sale of merchandise, within the front and side YARDS on improved properties, are permitted subject to the following provisions: a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors. occupational license. b. The outdoor display/~ale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site DEVELOPMENT PLAN that demonstrates that provisions will be made to adequately address the following: i. Vehicular and pedestrian traffic safety measures. ii. Location of sale/display of merchandise in relation to parking areas. iii. Fire protection measures. iv. Limited hours of operation from dawn until dusk. 2. Outdoor display and sale of merchandise within the SIDEWALK area only shall be permitted in conjunction with "Main STREET" approved vendor carts, provided the APPLICANT submits a site DEVELOPMENT PLAN which demonstrates that provisions will be made to adequately address the following: a. Location of sale/display of merchandise in relation to road RIGHTS-OF-W A Y; b. Vendor carts are located on SIDEWALKS that afford the APPLICANT a five (5) foot clearance for non-obstructed pedestrian traffic; and c. Limited hours of operation from dawn until dusk. 4.02.33 Specific Design Standards for the MOBILE HOME PARK Overlay Subdistrict A. Dimensional standards Table 15. Dimensional standards for the MOBILE HOME PARK Overlay Desian Standard Minimum lot requirements Single-wide units 2,400 square feet Double-wide units 3,500 square feet Minimum lot width Single-wide units 35 feet Double wide units 45 feed Minimum setback requirements Interior roads Front yard 10 feet Page 67 of 247 ..- "~_.. Side yard 5 feet Rear yard 8 feet Public road frontaQes 20 feet Minimum space between structures for cluster DEVELOPMENT or zero lot line 10 feet DEVELOPMENT . Minimum floor area for reolacement units 320 SQuare feet B. Where a public water line is available, a hydrant will be required to serve the park. Should water line pressure be inadequate, arrangements shall be made to seek approval of the .Immokalee Fire Department to confirm that supplemental fire apparatus is adequate for fire protection. C. A dumpster or enclosure for individual containers is required in accordance with section 5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any public STREET. D. Private roads leading to and serving the MOBILE HOME PARK or MOBILE HOME LOTS must be improved and maintained, and shall consist of a dust free surface with a minimum width of twenty (20) feet. The dust free surface may consist of aggregate material treated with oil-based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the RIGHT -OF-W A Y design- cross section, exclusive of the required twenty (20) feet. Drainage shall be directed to a public road via the private road and/or EASEMENT conveyance, unless it can be proved that the on-site percolation rates exceed the on-site retention requirement. 4.02.34 Specific Standards for Shopping Centers A. A SHOPPING CENTER must consist of eight (8) or more retail business or service establishments containing a minimum total of 20,000 square feet of FLOOR AREA. A MARINA, HOTEL, or MOTEL with accessory retail shops is not considered a SHOPPING CENTER. B. For specific standards regarding parking/additional parking, see section 4.05.04. 4.03.00 SUBDIVISION DESIGN AND LAYOUT 4.03.01 Generally The purpose of this section is to establish procedures and standards for the DEVELOPMENT and SUBDIVISION of real estate within the unincorporated areas of Collier County, Florida. Furthermore, the purpose of this section is to carry out the goals, policies and objectives of the Collier County GMP. These procedures and standards are provided in an effort to, among other things: A. Ensure proper legal description, identification, documentation and recording of real estate boundaries; Page 68 of 247 B. Aid in the coordination of land DEVELOPMENT in Collier County in accordance with orderly physical patterns to encourage state of the art and innovative design; C. Discourage haphazard, premature, uneconomic or scattered land DEVELOPMENT, D. Ensure an economically stable and healthy community; E. Ensure adequate public facilities and utilities; F. Maintain the community's quality of life by properly preserving and conserving natural resource features; G. Prevent periodic and seasonal FLOODING by providing protective FLOOD control and DRAINAGE FACILITIES; H. Provide OPEN SPACES for recreation; ensure land DEVELOPMENT with installation of adequate and necessary public facilities and physical improvements; I. Ensure that the citizens and taxpayers of Collier County will not have to bear the costs resulting from haphazard SUBDIVISION of land; J. Provide the county with the authority to require installation by the developer of adequate and necessary physical improvements so that the taxpayers and citizens of Collier County will not have to bear the costs for the same; K. Ensure to the purchasers of subdivided land that necessary improvements of lasting quality have been installed; comply with Chapter 177, F.S. as amended. 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a SUBDIVISION of such land without having submitted a final SUBDIVISION plat of such land for approval to the BCC as required by this section and without having recorded the approved final SUBDIVISION plat as required in this section. 4.03.03 Exemptions Before any property or DEVELOPMENT proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or designee. Procedures for application, review, and decision regarding exemptions from these SUBDIVISION requirements are set forth in Chapter 10. To the extent approved, the following may be exempted from these SUBDIVISION requirements. A. Agriculturally related DEVELOPMENT as identified in the permitted and ACCESSORY uses allowed in the rural agricultural district A and Page 69 of 247 --,.- located within any area designated as agricultural on the future land use map of the Collier County GMP and the Collier County official zoning atlas, except SINGLE-FAMILY DWELLINGS and farm labor housing subject to section 5.05.03 shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats and improvements plans; provided, however, nothing contained herein shall exempt such active AGRICULTURAL USES from the requirements and procedures for final SUBDIVISION plats, and where required SUBDIVISION imprqvements are contemplated, the posting of SUBDIVISION performance security. B. A minor SUBDIVISION, as defined in Chapter 1, for single-family detached and DUPLEX residential DEVELOPMENT shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats; provided, however, nothing contained herein shall exempt such minor SUBDIVISION from the requirements and procedures for improvement plans and final SUBDIVISION plats, and where required SUBDIVISION improvements are contemplated, the posting of SUBDIVISION performance security. No BUILDING permits shall be issued prior to recordation of the final SUBDIVISION plat. C. A minor SUBDIVISION, as defined in Chapter 1 for multi-family residential DEVELOPMENT and all nonresidential DEVELOPMENT shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats and improvement plans; provided, however, nothing contained herein shall exempt such minor SUBDIVISION from the requirements and procedures for design requirements for ACCESS under section 4.04.00, water management plans under Chapter 6, final SUBDIVISION plats under the procedures set forth in Chapter 10, and site DEVELOPMENT PLANS under procedures set forth in Chapter 10, and where required SUBDIVISION improvements are contemplated, the posting of SUBDIVISION performance security. No BUILDING permits shall be issued prior to recordation of the final SUBDIVISION plat. D. An integrated phased DEVELOPMENT, as defined in Chapter 1 and which has been previously approved in accordance with procedures set forth in Chapter 10, shall be exempt from the requirements, standards and procedures for preliminary SUBDIVISION plats (Chapter 10) and improvement plans (Chapter 10); provided, however, nothing contained herein shall exempt such integrated phased DEVELOPMENT from the requirements and procedures for design requirements for ACCESS under section 4.04.00, water management plans under Chapter 6, final SUBDIVISION plats and SUBDIVISION performance secu rity under Chapter 10; and major site DEVELOPMENT PLANS under Chapter 10. No BUILDING permits shall be issued prior to recordation of the final SUBDIVISION plat. These provisions shall not require that the interior ACCESS within an Page 70 of 247 integrated phased DEVELOPMENT be different from the conditions in Chapter 10 applicable to site DEVELOPMENT PLANS. E. The division of land into cemetery LOTS or PARCELS shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats and improvement plans; provided, however, nothing contained herein shall exempt such division of land into cemetery LOTS or PARCELS from the requirements and procedures for final SUBDIVISION plats and, where required SUBDIVISION improvements are contemplated, the posting of SUBDIVISION performance security; and provided, further, that such division of land into cemetery LOTS or PARCELS shall be subject to and comply with the requirements and procedures for site DEVELOPMENT PLANS under Chapter 10, and shall obtain site DEVELOPMENT PLAN approval for the entire property proposed for such division of land into cemetery LOTS or PARCELS. F. The division of land which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court, shall be exempt from this section; if and only if the County Manager or designee and the County Attorney are given timely written notice of any such pending action and given the opportunity to signify that the county be joined as a party in interest in such proceeding for the purpose of raising the issue of whether or not such action would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the SUBDIVISION regulations, prior to the entry of any court order; and, if and only if an appropriate pleading is not filed on behalf of the County within twenty (20) days after receipt of such notice. However, if a pleading is filed on behalf of the county within twenty (20) days after receipt of such notice, such division of land created by the court shall not be exempt from this section. G. The division of land which creates an interest or interests in oil, gas, or minerals which are now or hereafter severed from the surface ownership of real property shall be exempt from this section. H. All division of land occurring prior to the effective date of this LDC and conforming to the purposes of this section, shall be exempt from this section; provided, however, that any property so divided which is resubdivided or further divided on or after January 10, 1989, shall not be exempt from this section. For agricultu ral/residential SUBDIVISIONS within the rural area of Collier County as defined herein, refer to section 4.03.04; Also see "LOT OF RECORD" in Chapter 1 . I. The division of property, occurring prior to July .15, 1998, meeting the definition of rural SUBDIVISION shall not require the subdivider to record a final plat nor comply with the SUBDIVISION regulations provided in section 4.03.00. Nor shall the division of property occurring Page 71 of 247 _._---- after July 15, 1998, in the rural area require the property owner to record a final plat nor comply with the SUBDIVISION regulations provided in section 4.03.00, if the property so divided has been the subject of a rezoning hearing by the BCC within the twenty-four (24) month period preceding July 15, 1998. The SUBDIVISION of properties occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary SUBDIVISION plat (PSP). However, the applicability of all required SUBDIVISION improvements and standards as set forth in section 4.03.00, required improvements, of this LDC shall be determined by the County Manager or designee on a case by case basis. The APPLICANT, through the preliminary SUBDIVISION plat (PSP) process may request waivers from certain "required improvements". The subdivider and purchaser of property meeting definition (a) of rural SUBDIVISION shall comply with section 4.03.03 of this LDC. The division of property not meeting the definition of rural SUBDIVISION is required to comply with all requirements of section 4.03.00. J. The division of property of Chokoloskee Island shall not require the subdivider to record a final plat nor comply with the SUBDIVISION regulations provided in section 4.03.00. The subdivider and purchaser of the property shall comply with the regulations provided in section 4.03.03. The division of property not on Chokoloskee Island is required to comply with all requirements to section 4.03.00. All PARCELS of land existing on Chokoloskee Island as of October 30, 1991, and identified in the property appraiser's official records, which do not conform to the minimum LOT area and LOT width requirements of the overlying zoning district shall be considered conforming LOTS. Any SUBDIVISION of land on Chokoloskee Island occurring after October 30, 1991, shall comply with the minimum LOT area and width requirements for the overlying zoning district in effect at the time the land is subdivided. In any case, except as described above, the minimum applicable DEVELOPMENT standards set forth in the LDC shall apply, unless a variance therefrom is obtained. 4.03.04 LOT LINE Adjustments An adjustment of a LOT LINE between contiguous LOTS or PARCELS which may be platted or unplatted and which are under separate ownership or the same ownership shall be exempt from this section if all of the following conditions are met. Procedures for demonstration of compliance with the following conditions are set forth in Chapter 10. A. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between ADJACENT PARCELS; and B. Both landowners whose LOT LINES are being adjusted provide written consent to the LOT LINE adjustment; and Page 72 of 247 C. Instrument(s) evidencing the LOT LINE adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the LOT LINE adjustment will meet the standards of, and conforms to, the requirements of this LDC, including the dimensional requirements of the zoning district and the SUBDIVISION in which the LOTS are located. However, in cases of an existing NONCONFORMING LOT Of RECORD, the adjustment shall not increase the nonconformiw of the LOT; and D. It is demonstrated that the LOT LINE adjustment will not affect the DEVELOPMENT rights or permitted DENSITY or intensity of use of the affected LOTS by providing the opportunity to create a new LOT(S) for resale or DEVELOPMENT. 4.03.05 SUBDIVISION Design Requirements A. BLOCKS. The length, width and shape of BLOCKS shall be determined with due regard to: 1. Zoning requirements as to LOT size and dimensions. 2. Need for convenient ACCESS, circulation, control and safe,ty of vehicular and pedestrian traffic. I i 3. Limitations and opportunities of topography, including all natural and preserved features identified. 4. Where special topographical conditions exist, BLOCK lengths greater than 660 feet shall be approved by the County Manager or designee pursuant to procedures set forth in Chapter 10. Traffic calming devices, as approved in the Neighborhood Traffic Management Program, shall be provided in BLOCK lengths greater than 660 feet. 4.03.06 Golden Gate Estates LOT Divisions. When a five (5) acre PARCEL in Golden Gate Estates is subdivided into two (2) LOTS, where one of the LOTS is not on the existing RIGHT-OF- WAY, the owner may create an ACCESS EASEMENT to and through the PARCEL which is not on the RIGHT-Of-WAY. The EASEMENT must be at least twenty (20) feet in width, and extend at least 150 feet into the otherwise landlocked LOT. The EASEMENT shall provide for ACCESS to the LOT, and satisfy the FRONTAGE requirement. 4.03.07 Monuments. The design and location of permanent reference monuments, IIP.R.M.s,1I and permanent control points, IIP.C.P.S,II shall be as prescribed by Chapter 177, F.S. as amended. Where monuments would occur within STREET pavement areas, they shall be installed utilizing appropriate offset monuments as prescribed by Chapter 177, F.S. as amended. All information pertaining to the location of P .R.M.s shall be indicated in note form on the plat, such as underground installations and the like. Page 73 of 247 -~ 4.03.08 Facility and Service Improvement Requirements The following improvements in this section are required in conjunction with the SUBDIVISION and DEVELOPMENT of any and all property pursuant to procedures set forth in Chapter 10 within the unincorporated areas of Collier County. Any required improvements shall be designed and constructed in accordance with the design requirements and specifications of the entity having responsibility for approval, including all federal, state, and local agencies. A. STREET System. The design and construction of all SUBDIVISION STREETS, ACCESS improvements and related facilities shall be in conformance with the design requirements, regulations and standards established in Chapter 6 of this LDC and the Collier County Construction Standards Manual and shall include but not be limited to the pavement STRUCTURE, drainage, SIDEW ALKS and traffic controVsafety devices. 1. ACCESS to LOTS within a SUBDIVISION shall be designed to accomplish ACCESS to the LOTS by use of local STREETS. ACCESS to residential LOTS shall be in accordance with Ordinance No. 82-91 [superseded by ordinance found in LDC ch. 110, art. II], construction standards handbook for work within the public RIGHT-OF-WAY Ordinance No. 93-63, as may be amended. 2. Intermittent ACCESS points to the marginal ACCESS road shall be a minimum of 660 feet apart. ACCESS points to the marginal ACCESS roads shall be provided with appropriate turn lanes, signalization or other necessary traffic control measures. When double-FRONT AGE LOTS are created ADJACENT to a COLLECTOR or ARTERIAL STREET and a local STREET, they shall front on the local STREET, which shall provide ACCESS to said LOT. ACCESS to the LOT shall not be provided by means of the major COLLECTOR or ARTERIAL STREET. In such cases, the LOT shall be BUFFERed as required herein. ACCESS management regulations as required by the Growth Management Act, when implemented, shall supersede this section where applicable. Where ACCESS locations are not consistent with the county's ACCESS management policy, a separate ACCESS capacity analysis shall be required t6 identify capacity impacts and appropriate mitigation. 3. In the case of commercial or industrial SUBDIVISIONS which contain or include PARCELS which are separated by common parking area or other common area, sometimes referred to as "OUTPARCELS", "anchor store PARCELS", or "fee simple footprint PARCELS", or an integrated phased DEVELOPMENT as defined in Chapter 1, ACCESS shall be created through an intemal Page 74 of 247 ACCESS provision documented on the final SUBDIVISION plat. Internal ACCESS provisions shown on the final SUBDIVISION plat shall include by way of example, but not limited to, cross- covenants, cross-EASEMENTS, dedicated ACCESS tracts, or the like, and shall clearly and specifically identify the dominant and servient estates involved, and the scope and duration of such internal ACCESS provision. 4. The STREET system of aSUBDIVISION approved pursuant to this section shall be connected to a public road, which is State or County maintained, with adequate capacity as defined by the GMP to accept the traffic volumes generated by the proposed DEVELOPMENT. Unless topography, or a compliance with the county's ACCESS Control Policy (Resolution No. 01-247) as may be amended, or LDC section 4.04.00. prohibits it, the number of ACCESS points to public roads shall ensure that there are no more than 4,000 AVERAGE DAILY TRIPS (ADT) per ACCESS point (existing or future). The maximum number of ACCESS points required by this section shall be six (6). Proposed DEVELOPMENTS ACCESSING public roads shall be subject to the requirements of the Adequate Public Facilities provision$ set forth in Chapter 6. The connection of any property to a public or private road shall be carried out in conformance with Collier County Ordinance No. 82-91, as amended. B. Water management system. An adequate water management system, including necessary open swales, ditches, storm sewers, drain inlets, manholes, headwalls, endwalls, culverts, bridges, retention basins, water level control STRUCTURES and other appurtenances shall be required in all SUBDIVISIONS or DEVELOPMENTS for the management of surface water and groundwater. The water management system shall provide for stormwaters affecting the SUBDIVISION or DEVELOPMENT and shall be in compliance with applicable federal, state and local design regulations and specifications. 1. The water management system shall comply with the design requirements of Chapter 6 of this LDC and the Constructions Standards Manual. 2. Any navigable canal or waterway designed as part of a DEVELOPMENT or SUBDIVISION, intended to serve two (2) or more properties, shall be designed in compliance with the requirements of the County's water management master plan and requirements in the County Code regarding excavation, or other governmental entities with jurisdiction, where applicable. The slopes of the canal banks shall be stabilized with suitable rip rap, NATIVE VEGETATION or other proven erosion control measures. Page 75 of 247 .-- ,_..... _.._~-- -.._- C. Potable water system. A complete water distribution and transmission system to include provision for separate potable and reuse water lines, and interim water treatment or interim water treatment and supply facilities, if required, shall be provided or employed by the APPLICANT, at no cost to Collier County for all SUBDIVISIONS and DEVELOPMENTS. Reuse water lines, pumps, and other appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sources of supplemental water are not permitted or available, therefore the developer will need to provide irrigation water from a source until such time that reuse water may be available. All facilities shall be constructed in accordance with federal, state and local regulations. When required, the water distribution and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependent district where appropriate, upon completion of construction pursuant to County Ordinance No. 88-76. 1. The design and construction of the water facilities shall comply with the requirements of Chapter 6 of this LDC and the C?lIier County Construction Standards Manual. 2. If County central water facilities are not available for connection, the water distribution and transmission facilities conveyed to the county shall be leased to the APPLICANT of the interim water treatment facilities, with operation and maintenance responsibilities, until the County's central water facilities are available for connection. All water facilities shall be maintained and operated at no cost to the County, in a manner equal to the operation and maintenance standards for water distribution and transmission facilities and water treatment and supply facilities maintained by Collier County or the Collier County Water-Sewer District, until connection to the county's central facilities is made. Any interim water treatment facilities owned, operated and maintained by the APPLICANT, or their assigns or successors, shall be abandoned in accordance with an agreement entered into between the county or the Collier County Water-Sewer District and the APPLICANT prior to the approval of improvement plans pursuant to this section and the requirements of Collier County Ordinance [No.] 88-76, as amended. 3. When county central water facilities become available for connection, connection shall be completed within ninety (90) days from approval of improvement plans for those facilities by the County utilities division. The terms and conditions controlling the connection shall be contained in an agreement between Collier County or the Collier County Water-Sewer District, where appropriate, and the APPLICANT which will be entered into prior to the approval of the project's improvement plans. Upon Page 76 of 247 connection to the County's central water facilities, the interim water supply source shall be abandoned in the manner consistent with applicable federal, state and local standards. D. Sewage collection, treatment, and disposal facilities 1. The design and construction of the sewage collection, treatment, and disposal facilities shall comply with the requirements of Chapter 6 of this LDC an~ the Construction Standards Manual. 2. A complete sewage collection and transmission system and interim sewage treatment and disposal facilities, if required, shall be provided by the APPLICANT, for all SUBDIVISIONS and other types of DEVELOPMENT. All facilities shall be designed in accordance with federal, state and local requirements. When required, the sewage collection and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependent district where appropriate, upon completion of construction pursuant to County Ordinance -No. 88- 76. 3. If County central sewer "acilities are not available to connect with, the sewage collection and transmission facilities conveyed to the County shall be leased to the APPLICANT of the interim sewage treatment facilities, with operation and maintenance responsibilities, until the County's central sewer facilities are available for connections. All sewer facilities shall be maintained and operated at no cost to the county, in a manner equal to the operation and maintenance standards for sewage collection and transmission facilities and sewage treatment facilities maintained by Collier County or the Collier County Water-Sewer District, until connection to the County's central facilities is made. Any interim sewage treatment facilities owned, operated and maintained by the APPLICANT, or their successors and assigns, shall be abandoned in accordance with an agreement entered into between the County or the Collier County Water-Sewer District and the APPLICANT prior to the approval of improvement plans pursuant to this section and to the requirements of Collier County Ordinance No. 88-76 as amended. 4. In the event individual sewage facilities designed in accordance with Florida Administrative Code, Le., septic systems, are allowed under required state and local regulations on an interim basis, the developer shall construct a "dry" sewage collection and transmission system for future connection to the County's central sewer facilities, when available to serve the SUBDIVISION or DEVELOPMENT. Any such "dry" sewer faciiities shall be designed and constructed in accordance with the requirements of the County Ordinance No. 88-76, as amended. Operation and maintenance Page 77 of 247 -- responsibilities for the "dry" facilities shall be specified pursuant to a lease agreement with Collier County or where applicable the Collier County Water-Sewer District. When County central sewer facilities are available to connect the "dry" system, connection shall be completed within ninety (90) days from approval of improvement plans for those facilities by the County. utilities division. The terms and conditions controlling the connection shall be contained in an agreement between Collier County, or the Collier County Water-Sewer District where appropriate, and the APPLICANT which must be entered into prior to the approval of the improvement plans. Upon connection to the county's central sewer facilities, all INDIVIDUAL SEW AGE SYSTEMS shall be abandoned in the manner required by federal, State and local regulations. 5. On-site sewage disposal systems may be utilized if permitted by the GMP and where the conditions of the Florida Administrative Code can be satisfied. In the event the LOTS are sized such that Florida Administrative Code does not require central sewer or water, or if the LOTS are sized such that only central water and no sewer is required, construction of a "dry system" will not be required unless Collier County can confirm future service within five (5) years. 4.04.00 TRANSPORTATION SYSTEM STANDARDS 4.04.01 Generally A. All DEVELOPMENT shall comply with the STREET system design standards in section 6.06.00. B. Every BUILDING hereafter erected or moved shall be on a LOT ADJACENT to a public STREET or with actual and legal ACCESS to an approved private STREET, and all STRUCTURES shall be so located on LOTS as to provide safe and convenient ACCESS for servicing, fire protection, and required off-STREET parking. C. No LOT or PARCEL which is residentially zoned or designated shall be used for DRIVEWAY, walkway or ACCESS purposes to any land which is nonresidentially zoned or designated, or used for any purpose not permitted in a residential district except for ingress and egress to a use existing at the effective date of Collier County Ordinance No. 82-2 [January 14, 1982] which does not ABUT on a STREET, except as may be further provided in this LDC. D. On a corner LOT in all zoning districts, no fence, wall, hedge, planting, or STRUCTURE shall be erected, planted, or allo'wed to grow in such a manner as to obstruct vision between a height of 30 inches and eight feet above the centerline GRADES of the intersecting STREETS in the area bounded by the RIGHT -OF-W A Y lines of such comer LOTS and Page 78 of 247 a line joining points along said RIGHT-OF-WAY lines 25 feet from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the 30-inch and eight-foot clearance requirement. Posts for illuminating fixtures, traffic control, fences and street name SIGNS are permitted, so long as the SIGN or equipment is not within the prescribed clear space and the fence does not visually impede the clear sight of the intersection. (See section 4.0Q.01 D.1.) 4.04.02 ACCESS Management A. Purpose and intent. 1. This section pertains to transportation ACCESS within mixed-use activity centers as designated on the Future Land Use Map of the GMP. The location and type of ACCESS (existing and future) points shall be based upon the Collier County ACCESS Control Policy (Res. No. 01-247) as may be amended, existing and future land use conditions, with the objective to minimize the number of ACCESS points to the roadway network. This section restricts the location and type of ingress and egress points and median openings; restricts the location of traffic signals; identifies areas appropriate for shared ACCESS and interconnection; and otherwise regulates transportation ACCESS, all within mixed-use activity centers. ACCESS to all properties is controlled by the ACCESS Control Policy (Res. No. 01-247, and as may be amended), the Collier County Construction Standards, for work within RIGHTS-OF-WAY (Ordinance No. 93-64 and as may be amended), and any other applicable regulations. 2. Nothing in this section of the LDC (shall preclude Collier County from enforcing conditions of a RIGHT-OF-WAY permit issued pursuant to Ordinance No. 93-64, the Collier County Construction Standards for Work Within RIGHTS-OF-WAY, as it may be amended or superceded, e,g, removal of an ACCESS point, etc. 3. ACCESS points, median openings, etc., on state controlled roads are subject to approval by the FDOT. B. Regulations. 1. F utu re DEVELOPMENT ORDERS within mixed-use activity centers can only be approved if the ACCESS location(s) and type(s) comply with the Collier County ACCESS Control Policy and the Collier County Construction Standards for work within the RIGHT-OF-WAY and any other regulations as may be amended. 2. For the purposes of this section, mixed-use refers to a project with a residential component and one or more of the following components: commercial, industrial, and institutional. Future mixed-use projects are required to provide an internal interconnection among major project phases, sections, or types of Page 79 of 247 ~-_.,- --- ~ uses, unless one or more of the four circumstances listed below is applicable. a. It is not physically possible to provide the interconnection. b. The location of environmentally sensitive lands precludes the interconnection. c. During DEVELOPMENT or reDEVELOPMENT of commercial LOTS, shared ACCESS or interconnection shall be encouraged and may be required as a condition of site DEVELOPMENT PLAN approval. d. The interconnection provides minimal or no benefit, e.g. the non-residential component contains a single low traffic generating use such as a small general office BUilDING. 3. During DEVELOPMENT or reDEVELOPMENT of commercial lOTS, shared ACCESS and/or interconnection shall be encouraged. 4. The County Manager or designee may approve, or impose, a variation in the ingress/egress points and/or median openings shown on the ACCESS management plan maps, without necessitating a map amendment (other than information update amendment, , generated by staff), under any of the following circumstances: a. Approved ingress/egress unbuilt: For existing PUDs (approved prior to the adoption of this amendment) which contain language providing flexibility in the location or type of ACCESS point(s) and/or median opening(s), the County Manager or designee may approve or require the utilization of this flexibility if such change to the ACCESS point(s) and/or median opening(s) will cause one or more of the following conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the ABUTTING roadway(s): I. Interconnection of projects ii. Shared ACCESS iii. Alignment of ACCESS points on opposite sides of the roadway where there is no restricted median iv. Reduce the number of authorized ACCESS points on the ABUTTING roadway(s) v. Promote safer traffic conditions on the ABUTTING roadway(s} vi. Facilitate improved traffic flow on the ABUTTING roadway(s) vii. Preservation/conversation of a variable environmentally sensitive area. Page 80 of 247 b. A minor change (ten (1 0%) percent of the PARCEL FRONT AGE) to the location of a new ingress/egress point(s), and any accompanying median opening(s), may be approved during review of a DEVELOPMENT ORDER (the same DEVELOPMENT ORDERS identified in Chapter 10. if such minor change one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the ABUTTING roadway(~). c. Where multiple PARCELS under single ownership are identified to each have their own ACCESS point, and one (1) or more PARCELS are undeveloped, during review of a DEVELOPMENT ORDER (the same DEVELOPMENT ORDERS are identified in Chapter 10.), the number, type and location of ACCESS points, and any accompanying median openings, authorized by the County Manager or designee may be more restrictive than that identified on the ACCESS management plan maps if such change(s) will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the ABUTTING roadway(s). d. For existing ACCESS points being monitored (monitoring consists of review and analysis of accident reports, traffic volumes and operating conditions within close proximity to the site), the County Manager or designee may, whether during review of a DEVELOPMENT ORDER (the same DEVELOPMENT ORDERS identified in Chapter 100r independent of DEVELOPMENT ORDER review, approve or required the modification or removal of the ACCESS point(s), if such modification or removal is deemed appropriate and necessary based upon monitoring; and if such modification or removal will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the ABUTTING roadway(s). e. During review of a DEVELOPMENT ORDER (the same DEVELOPMENT ORDERS identified in Chapter 10) the County Manager or designee may approve or require elimination of the separate entrance and exit points and their replacement with a single ingress/egress point if such change will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the ABUTTING roadway(s). 4.05.00 OFF-STREET PARKING AND LOADING 4.05.01 Generally A. Purpose and intent. Page 81 of 247 ~-_.. ._-" It is the intent of this section that the public health, safety, comfort, order, appearance, convenience, morals, interest, and general welfare require that every BUILDING and use erected or instituted after the effective date of this LDC shall be provided with adequate off-STREET parking facilities for the use of occupants, employees, visitors, customers or patrons. It is also the intent of this LDC that certain uses must provide adequate off- STREET loading facilities. Such off-STREET parking and off-STREET loading facilities shall be maintained and continued so long as the use continues. B. General applicability. 1. Wherever in any zoning district off-STREET facilities are provided for the parking or display of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use (including "drive-in" facilities) hereinafter referred to as "other vehicular uses, II such off-STREET facilities and land shall conform to the minimum requirements of this LOC. 2. Off-STREET parking and off-STREET loading facilities shall be provided as set forth in this section. Conforming BUILDINGS and uses existing as of the effective date of this LDC may be modernized, ALTERED, or repaired without providing additional off-STREET parking or off-STREET loading facilities, providing there is no increase in FLOOR AREA or capacity or change in use which would require additional off-STREET parking. 3. Where a conforming BUILDING or use existed as of the effective date of this LDC and such BUILDING or use is enlarged in FLOOR AREA, volume, capacity, or space occupied, off-STREET parking and off-STREET loading as specified in this LOC shall be provided for the additional FLOOR AREA, volume, capacity, or space so created or used. 4. Where a use and BUILDING existed at the effective date of this LDC and the use is changed after the effective date of this LDC and where this LDC requires such later and changed use to have greater required off-STREET parking, then additional off-STREET parking shall be provided for the later and changed use as required under this LOC. 5. Unless otherwise provided, areas designated as the central business district of a community shall not be required to meet the requirements for off-STREET parking and loading herein. Such central business districts may be designated on a map or such other documents and materials as are necessary and adopted by the BCC upon recommendation of the planning commission for the Page 82 of 247 purpose of exempting such area from off-STREET parking and loading regulations. 4.05.02 Design Standards A. Parking lots and spaces shall be identified as to purpose and location when not clearly evident. B. Parking lots and spaces shall meet the following standards: 1. Be surfaced with asphalt;. bituminous, concrete or dustless material and maintained in smooth, well-graded condition. Upon approval of the County Manager or designee, a suitable material (lime rock excluded) with a suitable stabilized subgrade may be substituted for the above materials. 2. Up to seventy (70%) percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn. When the County Manager or designee determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts, the County Manager or designee may require that these parking spaces not be paved. 3. Spaces that are not paved shall be compacted, stabilized, well drained and surfaced with a durable grass cover. 4. DRIVEW A YS, handicapped spaces and ACCESS aisles shall be paved. C. Parking lots shall be drained and sloped so as not to cause any nuisance to ADJACENT property or to public property or RIGHTS-OF- WAY. Such facilities must also be sloped to meet the provisions of the Americans with Disabilities Act. D. Parking lots shall be so lighted, if lighted, as to shield STREETS and all ADJACENT properties from direct glare, excessive light, and hazardous interference with automotive and pedestrian traffic. E. ACCESS shall meet the following standards: 1. Be arranged for convenient and safe ACCESS of pedestrians and vehicles. 2. Off-STREET parking areas must be accessible from a STREET, ALLEY or other public RIGHT -OF-W A Y. 3. ACCESS via a rear property RIGHT -OF-W A Y shall be required if available in lieu of direct ACCESS. 4. For any nonresidential DEVELOPMENT which ABUTS an ALLEY, a maximum of ten (10) parking spaces, not to exceed thirty (30%) percent of the required parking for the proposed use, may be accessed solely from the ALLEY. Said parking spaces shall be clearly marked and arranged in such a manner so that each Page 83 of 247 parking space meets the minimum size required in section 4.05.02 of this LDC. Additionally, these spaces shall be arranged in a manner which allows for full compliance with any required landscaped BUFFER requirement. These spaces shall be for the exclusive use of employees and service vehicles and shall be clearly designated as such by appropriate signage. F. Be arranged so that no vehicle shall be forced onto any STREET to gain ACCESS from one aisle to another aisle. All off-STREET parking facilities must be so arranged that no motor vehicle shall have to back onto any STREET, excluding SINGLE-FAMILY and two-family residential DWELLINGS and CHURCHES. G. Whenever the number of off-STREET parking spaces required by this LDC is five (5) or more, all parking spaces shall be striped or marked with paint or other suitable pavement marking material. Whenever any part of an off-STREET parking area is redesigned, those pavement markings which no longer apply shall be completely obliterated. H. Be constructed so that interior portions of off-STREET vehicular facilities not utilized specifically as a parking space or maneuvering or other VEHICULAR USE AREA shall not be paved but shall be landscaped in accordance with this LDC, specifically section 4.06.00. I. Off-STREET parking areas shall be designed so as not to create dead- end aisles except as may be permitted in accordance with provisions of the Florida BUILDING Code, or other applicable codes referenced within Chapter 1. Aisles designed for one-way traffic flow shall have painted arrows not less than four (4) feet at each end of the aisle indicating the direction of travel. J. All off-STREET parking facilities shall be located on the same LOT they serve, on a contiguous LOT under the same ownership that is zoned for use as a parking lot. K. Exemptions to locational requirements 1. Off-site parking on non-contiguous LOTS under same ownership. The County Manager or designee may approve off-site parking on LOTS under the same ownership that are separated by a roadway that is not designated an ARTERIAL or a COLLECTOR ROADW A V of greater than two (2) lanes in the traffic circulation element of the GMP. A site DEVELOPMENT PLAN shall be submitted to the County Manager or designee which indicates that: a. At least sixty-seven (67%) percent of the required parking is on the LOT with the PRINCIPAL STRUCTURE; or b. The off-site LOTS are zoned for use as a parking lot or are zoned the same as the LOT with the PRINCIPAL STRUCTURE; or Page 84 of 247 c. The off-site parking will serve a water-dependent and/or a water-related use or will only be used for valet parking. 2. Off-site parking on LOTS under different ownership. The County Manager or designee may approve off-site parking on contiguous LOTS that are under different ownership. A site DEVELOPMENT PLAN shall be submitted to the County Manager or designee which includes: a. A minimum ten (10)-year lease agreement between the property owners, including a provision that if and when the lease expires, the property owner requiring the off-site parking shall make other provisions for the required parking. The County attorney shall review this agreement for form and legal sufficiency. The petitioner shall record the lease in the official records of Collier County before approval of the site DEVELOPMENT PLAN; and b. At least sixty-seven (67%) percent of the required parking is on the LOT with the PRINCIPAL STRUCTURE; or c. The off-site LOTs are zoned for use as a parking lot or are zoned the same as the LOT with the PRINCIPAL STRUCTURE; or d. The off-site parking will serve a water dependent and/or water related use or will only be used for valet parking. L. Minimum aisle widths shall be as follows: Table 16. Minimum Aisle Width in Parking Lots. Anale of Parking Aisle Width (One-Wav) Aisle Width (Two-Wav) Parallel 12 teet" 20 feet 30 dearees 12 teet" 22 feet 45 dearees 12 feet" 22 feet 60 dearees 18 feet 24 feet 90 dearees 22 feet 24 feet "Fire districts may require these to be increased to fourteen (14) feet where an acute turning radius is present. M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in size or sixteen (16) feet in depth measured from the aisle width to the face of the wheel stop except in the case of parallel parking where the dimension of the space shall be nine (9) feet by twenty-three (23) feet for spaces running parallel to the DRIVEWAY which affords ACCESS to said spaces. As an alternative, nine (9) feet by eighteen (18) feet spaces may be used in which case there must be a six (6) foot marked clear zone space in front of or in back of every space. See Exhibit "A" for typical off-STREET parking design. All parking spaces for the exclusive use of compact vehicles indicated on an approved site DEVELOPMENT PLAN, and any subsequent amendments thereto, shall be counted as standard parking spaces. Page 85 of 247 -... -" II rr ~~ I! ... ! r I -L ~ i .. fa II ~1 i ! . , : lo . , V' ~ ": II! ~ ~I . ,.1 . , . ..... v . .. ' .. ~ .. \0 T ;. <C I <C ~ u III II . ftPIC.U. OIF-S'IUft ~! ,AIm: JISIQI · d DMSIIIl U . ir . ~t t COWD COVIIn' DmtOPIIIIft' ~ J' SIlYIC!S DlP4tIIIIl1' 1 .- I' JAIl Ie If.U c - EXHIBIT A Page 86 of 247 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use All automobile parking or storage of automobiles in connection with residential STRUCTURES which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a specifically designated area of the LOT upon which the residential STRUCTURE is located. The parking and/or storage of automobiles in connection with the residential DWELLING UNITS they are ancillary and ACCESSORY to shall be regulated as follows: A. SINGLE-FAMILY DWELLING UNITS: Unless otherwise parked or stored in an enclosed STRUCTURE, the parking or storing of automobiles in connection with SINGLE-FAMILY DWELLING UNITS shall be limited to stabilized pervious or IMPERVIOUSL Y treated surface areas of the LOT specifically designed for the parking of automobiles which may not comprise an area greater than forty (40%) percent of any required FRONT YARD, which nonetheless may not serve to limit a DRIVEWAY to a width less than twenty (20) feet. All parked automobiles shall utilize only the designated pervious or IMPERVIOUS SURFACE areas. B. Two-family DWELLING UNITS: Unless otherwise parked or stored in an enclosed STRUCTURE, the parking or storing of automobiles in connection with a two-family STRUCTURE shall be limited to pervious or IMPERVIOUSLY treated areas of the LOT which may not comprise an area greater than fifty (50%) percent of any required FRONT YARD, except that this shall not serve to limit a DRIVEWAY width to less than twenty (20) feet, and a DRIVEWAY may be provided on each side of the two-family STRUCTURE. C. MUL TI-FAMIL Y (i.e. three (3) or more) DWELLING UNITS: Unless otherwise parked or stored in an enclosed STRUCTURE, the parking or storing of automobiles in connection with MULTI-FAMILY DWELLING UNITS shall be limited to pervious or IMPERVIOUSLY treated surface areas of the LOT designated for the parking and storing of automobiles. Pervious or IMPERVIOUSLY treated surface areas designated for the parking of automobiles shall not exceed a ratio of two and one-half (2112) automobiles per DWELLING UNIT in the event all parking spaces are not located within an enclosed STRUCTURE or any combination of open air and enclosed STRUCTURE. D. Where MUL TI-FAMIL Y STRUCTURES consist of SINGLE-FAMILY attached (i.e. row houses) DWELLING UNITS each with its own DRIVEWAY to a common accessway, public or private STREET, all Page 87 of 247 m_.__~_.....____. ^ - parking of automobiles shall be limited to the DRIVEWAY and or garage combination. E. Automobiles parked and/or stored in connection with residential DWELLING UNITS as described above shall be owned by the occupants of the DWELLING UNIT or units unless the vehicle is owned by a firm, corporation or entity for which a DWELLING UNIT occupant is employed. This provision shall not be construed to apply to automobile vehicles owned by persons or business firms at the site for social or business purposes. . F. No other portion of a FRONT YARD may be used to park or store automobiles including that portion of the RIGHT-OF-WAY not directly a part of the designated DRIVEWAY or designated parking areas. 4.05.04 Parking Space Requirements A. Requirements for off-STREET parking for uses not specifically mentioned in this division shall be the same as for the use most similar to the one sought, or as otherwise determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off-STREET parking, unless specific provision is made to the contrary. B. Measurement. Where this LDC requires off-STREET parking based on various types of measurements, the following rules shall apply: 1. FLOOR AREA means, for the purposes of this section only, the gross FLOOR AREA inside the exterior walls, unless otherwise specifically indicated. 2. In HOSPITALS, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the BUILDING or STRUCTURE is occupied, then the amount of off-STREET parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off- STREET parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half (1 Y2) shall require a full off-STREET parking space. C. Developers of commercial projects located within commercial zoning districts, business park districts, or a commercial component of a PUD zoning district, which require a minimum of eighty (80) parking spaces, Page 88 of 247 providing paved off-STREET surface parking in excess of 120 percent of the requirements of this LOG shall request a variance in accordance with Chapter 9. The developer shall be required to provide double the landscaping required in interior VEHICULAR USE AREAS, as required by section 4.06.00 for those projects requesting such a variance. D. Developers providing parking lots in excess of 200 parking spaces may surface fifteen (15%) percent of the required off-STREET parking spaces in grass which shall be compacted, stabilized, well drained and surfaced with a durable grass cover. Such grass parking spaces shall be located along the outlying perimeter of the parking lot. DRIVEW A YS, handicapped spaces and ACCESS aisles shall be paved. All grassed parking spaces shall be included in the water management calculations for site DEVELOPMENT PLAN review. E. Required off-STREET parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public RIGHT-Of-WAY or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off-STREET parking space, unless specific provision is made to the contrary. 2. The County manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an APPLICANT has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. 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(J"C Ol 0 Q5 ctl ... ctl- U)ctl:J... 's0:J Ci5 :J oo~ ctl Ol > 0 .=~ 3:~ ... ctl ctl U)..c"C U) f- f- f-Ol(J ->.~- --.. 4.05.05 Parking Variation in the P District As required in section 4,05.04, provided, however, that the County Manager or designee may determine that the required number of spaces is excessive for a specific use based upon an analysis of factors including but not limited to: the number of employees; square footage of the proposed facilities versus those areas intended for public use; and customer parking, Landscaping equivalent to a type A BUffER shall be substituted in lieu of paved parking with said areas reserved for future parking should the BCC find that the spaces are needed. . 4.05.06 LOADING SPACE Requirements A. Generally 1, Off-STREET loading facilities are required by this LOC so that vehicles engaged in unloading will not encroach on or interfere with public use of STREETS and ALLEYS by pedestrians and automotive vehicles and so that adequate space will be available for the unloading and loaaing off the STREET of goods, materials, or things for delivery or sn ipping. 2. Off-STREET loading facilities supplied to meet the needs ofi one (1) use may not be considered as meeting the needs of ancpther use, Off-STREET parking facilities may not be used for or cou'nted as meeting off-STREET loading requirements, 3. When the use of a STRUCTURE or land or any part thereof is changed to a use requiring off-STREET loading facilities, the full amount of off-STREET LOADING SPACE required shall be supplied and maintained. When any STRUCTURE is enlarged or any use extended so that the size of the resulting occupancy requires off-STREET LOADING SPACE, the full amount of such space shall be supplied and maintained for the STRUCTURE or use in its enlarged or extended size, 4. Each off-STREET LOADING SPACE shall be directly accessible from a STREET or ALLEY without crossing or entering any other required off-STREET LOADING SPACE or off-STREET parking space. Such LOADING SPACE shall be accessible from the interior of the BUILDING it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. 5. Areas reserved for required off-STREET loading in accordance with the requirements of this LOC shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified or equivalent required off- STREET loading is provided in accordance' with the requirements of this LOC, The areas immediately fronting an overhead door(s) Page 97 of 247 -<_.~.," -- shall not be counted towards meeting the off-STREET parking requirements of this LDC. 6. Collective, joint, or combined provisions for off-STREET loading facilities for two (2) or more BUILDINGS or uses may be made, provided that such off-STREET loading facilities are equal -in size and capacity to the combined requirements of the several BUILDINGS or uses and are designed, located, and arranged to be usable thereby, 8, Requirements 1, Each retail store, warehouse, wholesale establishment, industrial activity, terminal, market, RESTAURANT, funeral home, laundry, dry cleaning establishment, or similar use which has an aggregate fLOOR AREA of: Table 18. Required LOADING SPACES. Souare Feet Number of Spaces 5,000 but not over 10,000 1 10,000 but not over 20,000 2 20,000 but not over 50,000 3 Plus one additional off-street loading space for each additional 25,000 square feet over 50,000 square feet or major fraction thereof. 2. For each MUL TI-fAMIL Y DWELLING facility having at least twenty (20) DWELLING UNITS but not over fifty (50) DWELLING UNITS: one (1) space. For each MUL TI-fAMIL Y DWELLING facility having over fifty (50) DWELLING UNITS: one (1) space, plus one (1) space for each additional fifty (50) DWELLING UNITS, or major fraction thereof, 3. For each auditorium, convention hall, exhibition hall, museum, HOTEL or MOTEL, office BUILDING, sports arena or stadium, two (2) or more BUILDINGS or uses may be permitted to combine their off-STREET loading facilities, provided that such off-STREET loading facilities meet the requirements of this LDC, are equal in size and capacity to the combined requirements of the several BUILDINGS or uses, and are designed, located, and arranged to be usable thereby; HOSPITALS, sanitariums, welfare institutions, or similar uses which have an aggregate gross fLOOR AREA of: over 5,000 square feet, but not over 20,000 square feet: one (1) space; plus for each additional 25,000 square feet (over 20,000 square feet) or major fraction thereof: one (1) space, 4. For facilities in this section not of sufficient size to meet the minimum requirements set forth therein, each such facility shall provide off-STREET loading on the property for the parking of a delivery vehicle to ensure that no deliveries or shipments of goods Page 98 of 247 or products will require the use, however temporary, of any public RIGHT-OF-WAY or required off-STREET parking space. 5, For any use not specifically mentioned, the requirements for off- STREET loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply. C. Each LOADING SPACE shall be a minimum of ten (10) feet by twenty (20) feet in size, 'I., 4.05.07 Handicapped Parking Requirements A. Generally Any business, firm, corporation, person, or other entity, which operates or maintains a BUILDING which is used by the public or to which the public has ACCESS shall provide specially designed and marked motor vehicle parking spaces for the exclusive use of physically disabled persons, in accordance with the Americans with Disabilities Act (ADA) of 1990. Theses guidelines are to be applied during the design, construction and ALTERATION of BUILDINGS and facilities covered by Titles II and III of the ADA to the extent required by regulations issued by federal agencies, including the Department of Justice and the Department of Transport~tion under the ADA. B, Requirements A parking lot servicing any BUILDING or entrance PATHWAY to a BUILDING shall have a number of level parking spaces, as set forth in the following table, identified by above GRADE SIGNS, as being reserved for physically disabled persons: Table 19. Required Handicapped Parking Spaces. Total Spaces in Lot Required Number of Reserved Spaces Up to 25 1 26 to 50 2 51 to 75 3 76 to 1 00 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total 1001 and over 20 plus 1 for each 100 over 1,000 C. Location 1. Parking spaces provided for the exclusive use of physically disabled persons serving a particular BUILDING shall be located on the shortest accessible route of travel from ADJACENT parking Page 99 of 247 "~-_._--~ _..,-,- . to an accessible route of travel from ADJACENT parking to an accessible entrance, 2. In parking facilities that do not serve a particular BUILDING, parking shall be located on the shortest accessible pedestrian entrance of the parking facility, In BUILDINGS with. multiple accessible entrances with ADJACENT parking, parking spaces shall be dispersed and located closest to the accessible entrances. 3, All spaces shall have accessibility to a curb ramp or curb cut, when necessary to allow ACCESS to the BUILDING served, and shall be located so that users will not be compelled to wheel behind parked vehicles. O. Design 1. Diagonal or perpendicular parking spaces shall be a minimum of twelve (12) feet wide by eighteen (18) feet long and provide a five (5) foot wide by eighteen (18) foot long passenger loading 'zone ADJACENT and parallel to the parking space, 2. Each such parking space shall be conspicuously outlined in i blue paint, and shall be posted and maintained with a permanent, above-GRADE SIGN, bearing the intemationally accepted wheelchair symbol of accessibility or the caption "PARKING BY DISABLED PERMIT ONLY," or bearing both such symbol and caption, All handicapped parking spaces must be SIGNED and marked in accordance with the standards adopted by the Department of Transportation, 4.05.08 Bicycle Parking Requirements A. Number Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five (5%) percent of requirements for motor vehicles as set forth in section 4,05,04, but not to exceed a maximum of fifteen (15) total bicycle parking spaces, A minimum of two (2) bicycle parking spaces shall be provided, B. Design 1, A bicycle parking facility suited to a single bicycle ("parking space") shall be of a stand-alone inverted-U design measuring a minimum of thirty-six (36) inches high and eighteen (18) inches wide [of one and one-half (1112) inch Schedule 40 pipe, ASTM F 1083] bent in one piece ("bike rack") mounted securely to the ground [by a 3/8- inch thick steel base plate, ASTM A 36] so as to secure the bicycle frame and both wheels, 2, Each parking space shall have a minimum of three (3) feet of clearance on all sides of the bike rack. Page 100 of 247 3. Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot, lighted and located no greater than one hundred (100) feet from the main BUILDING entrance. 4, Extraordinary bicycle parking designs which depart from the bike rack standard but are consistent with the DEVELOPMENT'S design theme shall be considered by the County architect. Bike racks which function without securing the bicycle frame, require the use of a bicycle kick stand, or which may be freely reoriented are not allowable. 4.05.09 Stacking Lane Requirements Where stacking is required, the amount listed does not include the first vehicle being serviced, A minimum of five (5) spaces shall be provided preceding the first menu board or order station, for RESTAURANTS with drive-in windows. For all other stacking uses, stacking starts ten (10) feet behind the middle of the pickup window) and is computed at twenty (20) feet per vehicle (turns are computed at twenty-two (22) feet per vehicle, measured at the outside of the DRIVEWAY), Stacking for one (1) lane may be reduced if the reduction is added to the other lane(s). 4.06.00 LANDSCAPING, BUffERING, AND VEGETATION RETENTION 4.06.01 Generally A. Purpose and Intent 1, Landscape Code The purpose and intent of the landscape code is to: a. promote the health, safety, and welfare of residents of Collier County by establishing minimum uniform standards for the installation and maintenance of landscaping; b. improve the aesthetic appearance of commercial, industrial, and residential DEVELOPMENTS through the requirement of minimum landscaping in ways that harmonize the natural and built environment; c, promote preservation and planting of native plants and plant communities; d. provide physical and psychological benefits to persons through landscaping by reducing noise and glare; e. screen and BUffER the harsher visual aspects of urban DEVELOPMENT; Page 101 of 247 - ^-.-- f. improve ENVIRONMENTAL QUALITY by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate; g, reduce heat gain in or on BUILDINGS or paved areas through the filtering capacity of trees and vegetation; and h, promote water conservation by encouraging the use of native and drought-tolerant ve.getation and properly ~oned irrigation system through xeriscape: 2, BUffERING and Screening The purpose and intent of establishing LANDSCAPE BUfFERING and screening is to: a, reduce the potential incompatability of ADJACENT land uses; b, conserve natural resources and maintain OPEN SPACE; c. protect established residential neighborhoods, and enhance community identity; d, I improve the aesthetic appearance of commercial, industrial, and residential DEVELOPMENTS through the requirement of minimum landscaping in ways that harmonize the natural and built environment; e, promote preservation and planting of native plants and plant communities; f. provide physical and psychological benefits to persons through landscaping by reducing noise and glare; g, screen and BUffER the harsher visual aspects of urban DEVELOPMENT; h. improve ENVIRONMENTAL QUALITY by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate; i. reduce heat gain in or on BUILDINGS or paved areas through the filtering capacity of trees and vegetation; and j. promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation systems through xeriscape. In order to minimize negative effects between ADJACENT land uses, this division promotes the use of LANDSCAPE BUffERS and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly BUILDINGS and STRUCTURES, and off-STREET parking and loading areas, Additionally, Page 102 of 247 BUfFERS and screens provide spacing and landscaping to reduce potentially ADVERSE IMPACTS of noise, odor, or lighting. BUfFERING refers to a strip of land separating ADJACENT land uses, whereas screening refers to fences, walls, BERMS, trees, shrubs, or a combination of these screening devices' on the BUfFER strip. B, Effect of the Collier County Streetscape Master Plan 'Collier County Streetscape Master Plan", "Construction Standards Handbook for Work Within the Public RIGHTS-OF-WA Y Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." STREET corridors identified in Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan," the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the RIGHT-OF-WAY and on required BUFFERS ADJACENT to the RIGHT-Of-WAY, shall adhere to the requirements of these documents, Notwithstanding the above, for required LANDSCAPE BUffERS ADJACENT to any RIGHT-OF-WAY, the requirements of Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan", the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequent DEVELOPMENT ORDER including construction plans attendant to the approval of a final plat and/or a final site DEVELOPMENT PLAN, Where the application of said Master Plan standards and requirements is questioned, an official interpretation of the County Manager or his designee pursuant to section 1 .06.01 of the Collier County Land DEVELOPMENT Code may be requested. Further, the interpretation of the County Manager or his designee may be appealed to the board of zoning appeals as prescribed by section 10,02,02 of the Land DEVELOPMENT Code. C. Relationship to SUBDIVISION Regulations 1, Plantings, trees, and grass. All RIGHTS-Of-W A Y and EASEMENTS for STREETS, avenues, roads, drives, and the like shall be planted with trees, grass or other suitable vegetation on both sides in accordance with the specifications, limitations, procedures, types and intervals set forth in the appropriate county regulations and requirements, including but not limited to this section 4,06.00 and the RIGHT-Of-WAY Construction Handbook, Collier County Ordinance No, 82-91, as amended [superseded by ordinance found in Code ch, Page 103 of 247 .-.. ~.._--- 110, art, 1/], All unpaved areas within RIGHTS-Of-WAY shall be stabilized by seed or sodding of cultivated grass species suitable to the area, The sodding of a one-toot-wide strip along the back of curb or edge of pavement shall be mandatory for all roadway construction. The flow line of all swale sections approved for use by the County Manager or his designee shall also be sodded as required for erosion control. 2, STREETS and access improvements, a, All existing and future public and private RIGHTS-Of-WAY that are designed parallel to each other or to the boundary of a SUBDIVISION or DEVELOPMENT, with no BUILDING LOTS separating them from other RIGHTS-Of-WAY or the project boundary, shall be separated by a LANDSCAPE BUffER, pursuant to this section 4,06.00, The BUffER area in these cases shall be separately designated on the final SUBDIVISION plat as a tract or EASEMENT and shall be dedicated on the final SUBDIVISION plat cover sheet to the appropriate property owners' association or like entity tor operation, maintenance and upkeep purposes. D, Landscaping with Sight Design Triangles 1, Safe sight distance triangles at intersection and access points. (Refer to Figure 4,06.01 D., Sight Distance Triangles). Where a DRIVEWAY/ACCESS way intersects a RIGHT-Of-WAY or when a property abuts the intersection of two or more RIGHTS-Of-WAY, a minimum safe sight distance triangular area shall be established, Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and eight feet above the crown of the ADJACENT roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of STREETS and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and STREET name SIGNS shall also be permitted, so long as the SIGN or equipment is not within the prescribed clear space. Where an accessway enters a RIGHT-Of-WAY, two safe distance triangles shall be created diagonally across from each other on both sides of the accessway, Two sides of the triangle shall extend ten feet each way from the point of intersection from the edge of pavement and the RIGHT-OF-WAY line, The third side of the triangle shall be a line connecting the ends of the other two sides. Page 104 of 247 ~ ,.,... P.__.l ~ A. A.' ~ o. WoII' (Prap, Lin.) Dr;...., -.. ;:~::~-'T" d__ L,ri '.' ;: . ut . :.' >>- tit, :: J ~ :. t,i..._ of Req\oitM '. Cr". ~1I1,. !: (Kola." N...) .' ", PLAN : Int-t,.ctkln of g,iypov and S1r.,t ~ ~...-.-~ ~ to" E49- 01 Po.-M 1 D' CROSS. ~E~nON A-A. : Intersection of Drive"ow 9nsf Str.at Str..t I Walk LondlCap. Bult., 1,llltt9l.. 01 R......o ero.. 'IIsCllIlIJtr (HOlChIIl "rllll) l va PLAN : Str..t I4'olerseetion figure 4.06.01 D. - Sight Distance Triangles Page 105 of 247 "- Where a property abuts the intersection of two RIGHTS-Of-WAY, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the ABUTTING RIGHT-Of-WAY lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other two sides, The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of SUBDIVISION or DEVELOPMENT approval or when applicable. E. Landscaping Plans Required 1, Landscape summary. A landscape summary in matrix form which shall include: a, Graphic symbol to indicate each type of plant material. b. Botanical name, c. Common name, d. Total number of each type of plant material. e. Height and spread of each type of plant material. f. Spacing of each type of plant material. 2. Illustrative information. Illustrative information consisting of the following shall be accurately depicted on the landscape plan: a, The location, configuration and arrangement of all proposed BUILDINGS, internal STREETS and parking areas as reflected on the site plan. b. The location and dimensions of all proposed landscaped areas with appropriate graphic symbols including existing trees that are being credited toward the DEVELOPMENT'S landscaping requirements. c. Location and configuration of all special or textured paving areas, d, Provisions for site irrigation, e. Any additional relevant information as may be required by the planning services director, 4.06.02 BUffER Requirements A. Applicability of BUffER Requirements The BUffERING and screening shown in table 2.4 below shall be required under this section and shall apply to all new DEVELOPMENT. Existing landscaping which does not comply with the provisions of this Page 106 of 247 section shall be brought into conformity to the maximum extent possible when: the VEHICULAR USE AREA is AL TERED or expanded except for restriping of LOTS/drives, the BUILDING square footage is changed, or there has been a discontinuance of use for a period of 60 consecutive days or more and a request for an occupational license to resume business is made, SUBDIVISIONS or DEVELOPMENTS shall be BUffERED for the protection of property owners from surrounding land uses as required pursuant to this section 4,06.00, BUffERS shall not inhibit pedestrian circulation between ADJACENT commercial land uses. BUffERS shall be installed during construction as follows and in accordance with this section 4.06,00: 1, To separate residential DEVELOPMENTS from commercial, community use, industrial and public use DEVELOPMENTs and ADJACENT expressways, arterials and railroad RIGHTS-Of-WAY, except where such expressway, arterial, or railroad RIGHT-Of-WAY abuts a golf course, 2, To separate commercial, community use, industrial and public use DEVELOPMENTS from residential DEVELOPMENTS. 3, To separate SUBDIVISIONS of residential property that do not result in the submittal of a site DEVELOPMENT PLAN pursuant to the provisions of section 10,02.03 from other residential properties, Separation shall be created with a LANDSCAPE BUffER strip which is designed and constructed in compliance with the provisions of this section 4,06,00, Such BUFfER strip(s) shall be shown and designated on the final plat as a tract of EASEMENT and shall not be located within any public or private RIGHT-Of-WAY. The ability to locate BUffER(S) within a platted or recorded EASEMENT shall be determined pursuant to the provisions of this section 4,06.00, BUFfERS ADJACENT to protected/preserve areas shall conform to the requirements established by the agency requiring such BUffER, LANDSCAPE BUfFERS, when required by this Code, this section 4,06,00, or other county regulation shall be in addition to the required RIGHT-Of-WAY width and shall be designated as a separate BUFfER tract or EASEMENT on the final SUBDIVISION plat. The minimum BUffER width shall be in conformance with this section 4.06.00. In no case shall the required BUffER be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage, All BUffER tracts or EASEMENTS shall be owned and maintained by a property owner's association or other similar entity and shall be so dedicated on the final SUBDIVISION plat. B. Methods of Determining BUffERS Page 107 of 247 Where a property ADJACENT to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required BUFfERING and screening required pursuant to this Code, or (3) developed without the BUfFERING and screening required pursuant to this Code, the proposed use shall be required to install the more opaque BUffER as provided for in table 2,4, Where property ADJACENT to the proposed use has provided the more opaque BUffER as provided for in table 2.4, the proposed use shall install a type A BUffER. Where the incorporation of existing NATIVE VEGETATION in LANDSCAPE BUffERS is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section. BUffERING and landscaping between similar residential land uses may be incorporated into the YARDS of individual LOTS or tracts without the mandatory creation of separate tracts. If BUffERING and landscaping is to be located on a LOT, it shall be shown as an EASEMENT for BUffERING and landscaping. The BUffERING and screening provisions of this Code shall be applicable at the time of planned unit DEVELOPMENT (PUD), preliminary SUBDIVISION plat (PSP), or site DEVELOPMENT PLAN (SDP) review, with the installation of the BUFfERING and screening required pursuant to section 4,06,05 G. If the APPLICANT chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final SUBDIVISION plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require BUfFERING and screening the same as for the higher intensity uses between those uses. LANDSCAPE BUFFERING and screening standards within any planned unit DEVELOPMENT shall conform to the minimum BUffERING and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative LANDSCAPE BUffERING and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. C, Table of BUfFER YARDS 1, Types of BUFfERS, Within a required BUFFER strip, the following alternative shall be used based on the matrix in table 2.4, Alternative A: Ten-foot-wide LANDSCAPE BUFfER with trees spaced no more than 30 feet on center. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year LANDSCAPE BUFFER six feet in height, which may include a wall, Page 108 of 247 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. Alternative C: 20-foot-wide, opaque within one year, LANDSCAPE BUffER with a six-foot wall, fence, hedge, or BERM, or combination thereof and two staggered rq~s 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. Alternative D: 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 BUffER shall be consistent with the provisions of the Collier County Streetscape M~ster 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-W A Y 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, 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, A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within 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 CA, Where a fence or wall fronts an ARTERIAL or COLLECTOR ROAD as Page 109 of 247 ~_.- ^""--. described by the transportation circulation element of the growth management plan, a continuous single row hedge a minimum of 24 inches in height spaced three 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. 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, TABLE 2.4 TABLE OF BUffER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties District Subje 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ct Prope rty's Distric t/Use 1. - B B B B B A A A A 0 A - A Agric ulture (A1) 2. A A B B B B B C B " D B - C Resid ential (E, RSF) single - family 3. A B A N A B B B B " D B - C Resid ential (RMF -6, RMF- 12, RMF- 16) multif amily Page 110 of 247 4. A B A A B B A B B * 0 B - B Aesid ential tourist (AT) 5. A A B B A B B B B * 0 B - B Villag e reside ntial "',. (VA) 6. A B B B B A B B B * 0 B B B Mobil e home (MH) 7. A B B B B B A A A * 0 B B B Com merci al3 (C- 1, C- 1fT, C-2, , C-3, C-4, I I C-5); Busin ess Park (BP) 8. A C B B B B A Ac. A * 0 B B B Indust rial2 (I) 9. A B B B B B A A A * 0 B - C Public use (P), comm unity facility (CF), Golf Cours e Clubh ouse, Amen ity Cente r Page 111 of 247 .... -- 10. * * * * * * * * * * 0 * * * Plann ed unit DEVE LOP MEN T (PUD) 11. 0 0 D 0 0 0 0 0 0 0 - B - 0 Vehic ular rights- of- way 12, B B B B B B B B B B B A B C Golf cours e maint enanc e BUlL DING 13. - - - - - - - - - - - B - C Golf cours e 14. A C C B B B B B C * D C C D Auto mobil e servic e statio n The letter listed under "ADJACENT Properties District" shall be the LANDSCAPE BUffER and screening alternative required. The "_" symbol shall represent that no BUFFER is required, The PUD district BUffER, due to a variety of differing land uses, is indicated by the u*u symbol, and shall be based on the LANDSCAPE BUffER and screening of the district or use with the most similar types, densities and intensities of use. Where a conflict exists between the BUFFERING requirements and the YARD requirements of this Code, the Y ARC requirements of the subject zoning district shall apply. 1 BUFFERING in agriculture (A) districts shall be applicable at the time of site DEVELOPMENT PLAN (SOP) submittal. 21ndustrial (I) zoned property, where ABUTTING industrial (I) zoned Page 112 of 247 property, shall be required to install a minimum five-foot-wide type A LANDSCAPE BUffER ADJACENT to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter BUFfERS only, This reduction in BUffER width shall not apply to BUffERS ADJACENT to vehicular RIGHTS-Of-W A Y or nonindustrial zoned property. 3BUffER areas between commercial OUTPARCELS located within a SHOPPING CENTER may have a shared 'BUffER 15 feet wide with each ADJACENT property contributing 7.5 feet. This does not apply to RIGHT-Of-WAY BUffERS. Refer to section 5,05.05 for AUTOMOBILE SERVICE STATION landscape requirements, a. Business Parks A 25-foot wide LANDSCAPE BUFfER shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or BERM, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, BERM, or BERM/wall combination. b. BUFFERING and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from ADJACENT properties at ground view level and in view of roadway corridors. D, Standards for retention and detention areas in BUffER YARDS Unless otherwise noted, all standards outlined in section 4.06.05 C, apply. Trees and shrubs must be installed at the height specified in this section, Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required BUffER provided they are consistent with accepted engineering and landscaping practice and the following criteria: 1, Water management systems must not exceed 50 percent of the square footage of any required side, rear, or fRONT Y ARC LANDSCAPE BUffER. Page 113 of 247 --_.-" 2. Water management systems must not exceed, at any location within the required side, rear, or fRONT YARD LANDSCAPE BUFFER, 70 percent of the required BUFfER width, A minimum five- foot wide 10:1 level planting area shall be maintained where trees and hedges are required, 3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the follo~i!1g criteria: a, Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the BUffER when existing NATIVE VEGETATION is retained at natural GRADE, b. For LOTS Of RECORD 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear YARD BUffERS. A . level planting area of at least three feet in width must be provided in these BUFfERS, I 4. SIDEW ALKS and other IMPERVIOUS AREAS must not occupy any part of a required Altemative A, B, C, or D type BUffER, e~cept when: a, DRIVEW A YS and SIDEWALKS are constructed perpendicular to the BUffER and provide direct ACCESS to the PARCEL. b. Parallel meandering SIDEWALKS occupy the BUffER and its width is increased by the equivalent SIDEWALK width, c, A required 15-20 foot wide BUffER is reduced to a minimum of ten feet wide and is increased by the five to ten foot equivalent width elsewhere along that BUffER, 5. Natural and manmade bodies of water including retention areas for all DEVELOPMENTS subject to section 5.05.08 and 3,05.10. a. Configuration of water management areas. The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges. See "Body of Water Shapes" figure below, An alternative design may be approved as a part of the design of the BUILDING, if the design of the water management area is related to the architectural design of the BUILDING. Page 114 of 247 50 100 I I I 10' offset DO THIS ~ 0 50 100 O.J I I I I I I I I - BODY OF - WATER - SHAPES 50- - - - - 100- DON'T DO THIS../' Figure [V] - Body of Water Shapes Page 11 5 of 247 ---- _.-~ .."- b. Water management areas within the FRONT Y ARCS, Narrow and steep water management areas are prohibited within the FRONT YARDS that lie between the primary fACADES of a BUILDING and a public and private STREET. These narrow and steep water management areas are defined as 12 feet or less in width with maximum slope of 4 to 1. c, Required amenities. The following standards apply to detention and retention areas exceeding twelve feet in width. All bodies of water, including retention areas exceeding 20,000 square feet, and which are located ADJACENT to a public RIGHT-Of-WAY, must incorporate into overall design of the project at least two of the following items: i. A walkway 5 feet wide and a minimum of 200 feet long, with trees of an average of 50 feet on center and with shaded benches, a minimum of 6 feet in length or picnic tables with one located every 150 feet. ii. Fountains. iii, Partially shaded plaza/courtyard, a minimum of 200 square feet in area, with benches and/or picnic tables ADJACENT to the water-body, or retention areas. 4.06.03 Landscaping Requirements for VEHICULAR USE AREAS and RIGHTS- Of-WAY A. Applicability The provisions of this section shall apply to all new off-STREET parking or other VEHICULAR USE AREAS, Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the VEHICULAR USE AREA is AL TERED or expanded except for restriping of LOTS/drives, the BUILDING square footage is changed, or the STRUCTURE has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all DEVELOPMENTS with the exception of single-family, two-family, MOBILE HOME DWELLING UNIT, and dwellings on individually platted LOTS, Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-STREET vehicular facilities shall be required. Where a conflict exists between the strict application of this division and the requirements for the number of off-STREET parking Page 116 of 247 spaces or area of off-STREET loading facilities, the requirements of this section shall apply, 8, Standards for landscaping in VEHICULAR USE AREAS 1, Landscaping required in interior of VEHICULAR USE AREAS. At least ten percent of the amount of VEHICULAR USE AREA on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area, The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in landscape islands, the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area, Perimeter landscaping shall not be credited toward interior landscaping, All rows of parking spaces shall be bordered on each end by curbed landscaped islands as shown in Figure 4.06.03 8. below, Terminal Landscape Islands, Each terminal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Lay on curbing shall not be permitted. A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees, The remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above, Page 117 of 247 NoT." IIUI..... a <.... /, I I 1r!l-!!a~Mf;ra - - DO THIS~ IUILGIIG I I .. lab. .oB'" I ..... DON'T DO THIS~ figure 4.06.03 B. - Terminal Landscape Islands Page 118 of 247 Interior landscaping areas shall be provided within the interior of all VEHICULAR USE AREAS. Landscaped areas, wall STRUCTURES, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other STRUCTURES. Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts wher~ necessary so as not to inhibit positive drainage, Interior landscaping areas shall meet the requirements of sections 4,06.05 G, and 4,06,05 J, Alternative designs may be approved that achieve equivalent results subject to approval by the planning services director, 2, Vehicular overhang of landscape areas. See section 4.05,04, Exhibit A. 3. Green space required in SHOPPING CENTERS and freestanding retail establishments with a FLOOR AREA greater than 40,000 square feet. An area that is at least seven percent of the size of the VEHICULAR USE AREAS must be developed as green space within the FRONT Y ARD(S) or courtyards of SHOPPING CENTERS and retail establishments and must be in addition to the BUILDING perimeter planting area requirements, The courtyards must only be located in areas that are likely to be used by pedestrians visiting the SHOPPING CENTER and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the OPEN SPACE requirements (section 4.02.01), and must be labeled "Green Space" on all SUBDIVISION and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial BUILDINGS and Projects,) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the VEHICULAR USE AREA on site, Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing, Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas) , wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate, Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of BUILDING area, The Page 119 of 247 ""f'll'lR green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 0, The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches 'may be located ADJACENT to the BUILDING envelope along paths, walkways and within arcades or malls, 4. Landscaping required forsection 5.05.08 BUILDINGS over 20,000 square feet. The following requirements will be counted toward the required greenspace and OPEN SPACE requirements of this Chapter of this Code, a. Trees in VEHICULAR USE AREAS must be a minimum of 14 to 16 feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet. b, The first row of landscape islands located closest to the BUILDING front and sides must be landscaped with trees, palms, shrubs and groundcovers and must have a clear trunk area to a height of seven feet. C, Landscaping standards for RIGHTS-Of-WAY and median strips 1, Median strips. Median strips which are part of the publicly dedicated or deeded RIGHT-Of-WAY shall not be utilized for any purpose other than by the county or a public utility. When an APPLICANT desires to beautify a public median strip in a SUBDIVISION he may do so in accordance with the guidelines established in this section 4.06,00 of this Code to allow placing of grass, shrubs and trees in general within the median strip under a RIGHT-Of-WAY permit after submission and approval of landscaping plans, Selection of landscaping within the public or private median shall be based on accepted traffic safety standards and the prevention of interference with maintenance requirements of utilities within a median, Upon completion of the median improvements, the landscaping shall be maintained by a property owners' association, a CONDOMINIUM association, cooperative association, or other like or similar entity. 2. SUBDIVISION or land development en trance ways. SUBDIVISION or DEVELOPMENT entranceways consisting of habitable or unhabitable STRUCTURES, walls, fences, gates, rock piles or the like are not permitted within the median strip of a publicly dedicated Page 120 of 247 RIGHT-Of-WAY. Decorative entranceways may be constructed upon property ADJACENT to a RIGHT-Of-WAY in compliance with this Code and shall be placed so as to not interfere with any cross-corner or stopping sight distance or constitute a traffic hazard, Any improvements within private RIGHTS-Of-WAY shall not be placed over any underground improvements without the prior written consent of the intended owner of the improvements, Upon completion of the entranceway, all improvements shall be maintained by the property owners' association, CONDOMINIUM association, cooperative association, or other similar entity. 4.06.04 Trees and Vegetation Protection A. Generally 1, Clearing, grading and filling: Clearing of woody vegetation requires a permit except that owners of LOTS with an existing single family home other than in Golden Gate Estates may remove non-native and native woody vegetation without permits unless specimen trees are involved. A minimum number of required native trees shall be maintained as required by section 4,06.05 A. - -- - --._------ a, Permitted removal of vegetation: i. SUBDIVISIONS: Residential, commercial or industrial SUBDIVISIONS, upon approval of construction drawings for the entire project or any given phase thereof, may clear for the construction of the infrastructure within that phase. Road RIGHTS-Of-WAY, and drainage and utility EASEMENT areas may be cleared, a) Water management areas requiring excavation permits may be cleared upon issuance of an excavation permit and a required separate vegetation removal permit. b) Individual single family LOTS or BLOCKS of LOTS may not be cleared unless a separate vegetation removal and site filling permit (VRSFP) is obtained as required by section 4.06.04 A,1,a,3. ii. Site DEVELOPMENT plans (SDPs): a) Commercial and industrial: Approval of a commercial or industrial SOP or SIP includes permission to clear Page 121 of 247 for all infrastructure improvements and for the BUILDING pad as shown on the approved SDP. b) Residential SDPs: Approval of a residential SOP includes permission to clear for infrastructure only. . Clearing and filling of BUILDING sites is not permitted unless a separate vegetation removal and site filling permit is obtained as required by section 4.06,04 A.1.a,3, 3, Vegetation removal and site filling permits (VPSFPs): a) A developer will be permitted to clear up to 25 acres of residential, commercial, or industrial LOTS to store excess fill generated by lake excavations within the PUO or project where the excavation is taking place, b) An approved SOP or an approved plat must exist for the PARCEL on which the fill is to be stored. c) The application to "clear and fill" in order to store excess fill must be accompanied by a plan drawn on the approved SOP or plat, showing the following: i) The limits of each separate stockpile must be clearly delineated and the area, height, cross- section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1, ii) The type of vegetation to be removed must be shown on the drawing. iii) The source of the material, such as lake number (lake #) for each stock-pile must be indicated on the drawing. iv) Clearing to store excess fill will be permitted in maximum blocks of 25 acres at a time. When a 25-acre BLOCK is nearing capacity, permission to excavate additional 25-acre BLOCKS may be applied for. d) To allow for safety during tree removal, if a developer owns contiguous single family lots, the trees on the single family lots directly ADJACENT to a LOT where a house is under construction may be removed, if removal at a future date may be a danger Page 122 of 247 to life or property, A VRSFP must be granted prior to removal of these trees, e) Revegetation: For VRSFPs within SUBDIVISIONS, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted, f) When fill is used to bring BUILDING LOTS to desired construction elevations, those lots shall immediately be seeded, to prevent erosion and exotic seed infestation, g) Any stockpile in place for more than six months must be sodded or hydroseeded, Failure to do so within 14 calendar days of notification by the county will result in a fine of $10,00 per acre, per day, h) In the event that any portion of the stockpile is in place for two years, the county will order the fill to be removed and the land to be revegetated, I i) The density and type of revegetation shall closely I I match nearby ecosystems, but shall not be less than i 64 trees per acre with associated mid-story and groundcover. 2. Native Habitats DEVELOPMENTS shall identify, protect, conserve, incorporate and use native vegetative communities pursuant to Chapters 4 and 10 and identify, protect and conserve wildlife habitat. 8, Protection of NATIVE VEGETATION on coastal barriers, NATIVE VEGETATION retention or revegetation shall be in compliance with the requirements of section 3,05,07 and shall incorporate at a minimum the preservation and revegetation standards as follows: 1, NATIVE VEGETATION shall be preserved to the maximum extent possible, To the extent that NATIVE VEGETATION cannot be retained on-site and the remaining NATIVE VEGETATION can be supplemented without degrading or damaging its natural function, then the existing NATIVE VEGETATION shall be supplemented with compatible vegetation on-site. 2, All beachfront land DEVELOPMENT projects shall be required to revegetate the DUNE where the DUNE is devoid of coastal DUNE vegetation, 3, All land DEVELOPMENT projects shall provide 100 percent native Southern Floridian species within their required landscaping and Page 123 of 247 ._,^- ~ BUFFERING standards as established within this section 4.06,00. 4, Appropriate coastal DUNE or strand vegetation shall be required as the only stabilizing medium in any coastal barrier DUNE or strand vegetation restoration program, D. Credit for Tree Preservation Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 4.06,04 0, Fractional measurements shall be attributed to the next lowest category, TABLE 4.06,04 D. CALCULATION OF TREE PRESERVATION CREDITS Existing Crown or Diameter of Tree at = Number of Tree Spread of Preserved 4,5 Feet Above Credits Trees Natural Grade 50 feet or areater or 26 inches or oreater = 3 40 to 49 feet or 20 to 25 inches = 2 30 to 39 feet or 13 to 19 inches = 2 20 to 29 feet or 8 to 12 inches = 1* 10 to 19 feet or 2 to 7 inches = 1* Less than 10 feet or 1 1/2 to 2 inches = 1* *Credited against equivalent required tree only. 1, Trees excluded from preservation credit. No credit shall be given for preserved trees which: a, Are not located within the areas of the property for which trees are required by the Code; b. Are located in required natural preservation areas indicated on an approved master land use plan, site DEVELOPMENT PLAN or plat; c. Are required to be preserved by federal, state or local law, such as mangroves; d. Are not properly protected from damage during the construction process, as provided in section 4,06.05 C.10,; e. Are prohibited species identified in section 4,06,05 C.8.; f. Are dead, dying, diseased, or infested with harmful insects; g, Are located in recreation tracts, golf courses or similar subareas Page 124 of 247 within planned DEVELOPMENTS which are not intended to be developed for residential, commercial or INDUSTRIAL USE (unless ABUTTING said use, and the required BUFfER width is dedicated on the plat as a LANDSCAPE BUffER EASEMENT); or h, Are not located within the boundaries of the PARCEL. 4.06.05 General Landscaping Requirem~nts A. Landscaping requirements for residential DEVELOPMENT Landscaping for all new DEVELOPMENT, including single-family, two- family, multifamily and MOBILE HOME DWELLING UNIT, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section, Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4,06.05 E. Trees shall meet the requirements of section 4,06,05 C. Existing residential DEVELOPMENT that does not meet the minimum landscaping requirements of this Code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential DEVELOPMENTS. One canopy tree per 3,000 square feet of LOT area, or two canopy trees per LOT, whichever is greater, with the maximum number required: 15 trees per LOT. 2. Multifamily DEVELOPMENTS. One canopy tree per 2,000 square feet of pervious site area excluding preserves. This is in addition to other requirements. B, Landscaping requirements for industrial and commercial DEVELOPMENT 1. Industrial and commercial DEVELOPMENTS. One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per LOT, whichever is greater. 2, Communication TOWERS. An eight-foot high, 100 percent architecturally finished opaque wall must screen the security fencing that surrounds a TOWER base, In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors. The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25 feet on center and a three-foot high hedge planted three-feet on Page 125 of 247 "N_ center. a. If NATIVE VEGETATION is present within the PARCEL, a minimum 20 foot wide BUffER strip must be preserved and used toward meeting the tree and hedge planting requirement. b, If NATIVE VEGETATION is present, but not dense enough to meet the equivalent of ~he tree and hedge requirements, it must be supplemented with plantings to meet the tree and hedge requirements, c, On sites where no NATIVE VEGETATION is present, a 15 foot wide LANDSCAPE BUffER with minimum code size trees located 25 feet on center and a three foot high hedge planted three feet on center must be planted, At the discretion of the county landscape architect, some or all of these LANDSCAPE BUffERING requirements may be displaced to a RIGHT-Of-WAY LANDSCAPE BUffER located within the PARCEL when it better serves the public interest of screeninm the communication TOWER, I 3, Littoral shelf planting area (LSPA). All DEVELOPMENTS that create lake areas shall provide a littoral shelf planting area in accordance with section 3.05,10. 4. BUILDING foundation planting areas. All SHOPPING CENTER, retail, office, apartments, CONDOMINIUMS, clubhouses and similar uses must provide BUILDING foundation planting in the amount of ten percent of proposed BUILDING ground level fLOOR AREA. These planting areas must be located ADJACENT to the primary public BUILDING entrance(s) and/or primary STREET elevation and must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide, These areas must be landscaped with trees and/or palms in the amount of one tree or palm equivalent per 250 square feet; shrubs and ground covers other than grass. Water management areas must not be a part of this planting area. Parking LOT islands will not count towards this requirement. 5, BUILDING foundation planting requirements for tall BUILDINGS greater than 3 stories or 35 feet in height; and/or section 5.05.08 BUILDINGS with a footprint greater than 20,000 square feet and/or parking garage STRUCTURES. Note: BUILQINGS subject to the requirements of this section are not subject to the requirements of the previous section 4,06.05 B.3. a, The minimum width of BUILDING foundation planting areas Page 126 of 247 must be measured from the base of the BUILDING and must re to the ADJACENT BUILDING's wall height as herein definec follows: Adjacent BUILDING's Wall Height: Foundation Planting Width (contiguous around perimeter of BUILDING): BUILDING height wall less than 35 1 0 feet feet BUILDING wall height between 35 15 feet feet and 50 feet. BUILDING wall height greater than 20 feet. 50 feet. b, Trees required by this section must be of an installed size relating to the ADJACENT BUILDING's wall height, as defined below: BUILDING's Tree Height Tree Canopy Palm Wall Height (feet) Spread (feet) Height (feet) (feet) 35 to 50 14 to 16 7 16 greater than 16 to 18 8 20 50 C, Plant Material Standards 1. Quality. Plant materials used to meet the requirements of section shall meet the standards for Florida No. 1 or better, as set in Grades and Standards for Nursery Plants, part I and par Department of Agricultural, State of Florida (as amended), Root sizes on all transplanted plant materials shall also meet ~ standards. At least 75 percent of the trees and 50 percent of the shrubs use fulfill these requirements shall be native Southern Floridian specie~ determined by accepted valid scientific reference, For sites that north and east of U,S. Highway 41, at least 35 percent of the sh used to fulfill these requirements shall be native Floridian specie~ determined by accepted valid scientific reference, "Native Trees Shrubs for Collier County List" is available for reference, For prop< land DEVELOPMENT projects on coastal SHORELINES ar undeveloped and developed coastal barrier islands, all reql landscaping shall be 100 percent native Southern Floridian specie~ Page 127 of 247 In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IFAS). Reference to be used in the native determination may include, but not be limited to: Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida, Small, J.K" 1933, A Manual of the Southeastern Flora, Wunderlin, R.P., 1982, Guide to the Vascular Plants of Central Florida, Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference, 2, Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood, Trees ADJACENT to walkways, bike paths and RIGHTS-Of-WAY shall be maintained! in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required trees, at least 50 percent of the trees at the time of installation shall be a minimum of ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. The remaining code-required canopy trees, at the time of installation, shall be at least eight feet in height, have a 1 1/2-inch caliper (at 12 inches above the ground) and a three-foot spread. A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree, Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees may be substituted by palms (or palm equivalent) within the interior of a VEHICULAR USE AREA and within each individual Type D road RIGHT -Of-W A Y LANDSCAPE BUffER, Palms must have a minimum of ten feet of clear trunk at planting. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. 3. Tree species mix. When more than ten trees are required to be planted to meet the requirements of this Code, a mix of species shall Page 128 of 247 be provided, The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted are indicated below, REQUIRED SPECIES MIX Required Number Minimum Number of Trees of Species 11--20 2 21--30 3 31--40 4 41+ 5 4, Shrubs and hedges. Shrubs shall be a minimum of 24 inches in height above the ADJACENT pavement surface required to be BUfFERED and/or screened when measured at time of planting, grown in a three-gallon container, and be spaced 18 to 36 inches on center, They shall be at least 36 inches in height within 12 months of time of planting and shall be maintained at a height of no less than 36 inches above the ADJACENT pavement required to be BUffERED and/or screened in perpetuity, except for visibility at intersections and where pedestrian ACCESS is provided. Hedges, where required, shall be planted in double staggered rows and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. Where BUffERING and/or screening is required, shrubs shall be planted and maintained at a height as specified in section 4.06,02 C. of this Code, except where STREET visibility is required. Double staggered rows of hedges shall be required only in type D BUffERS, 5, Ground covers. Ground cover shall be installed in a manner which presents a finished appearance and complete coverage, Stone, gravel, or any artificial ground cover shall not be utilized for more than 20 percent of the landscaped area. Use of native ground covers is encouraged. 6, Organic mulch requirements. A two-inch minimum layer after watering-in of organic mulch shall be placed and maintained around all newly installed trees, shrubs, and ground cover plantings, Each tree shall have a ring of organic mulch no less than 12 inches beyond its trunk in all directions. No more than 25 percent by volume of the mulch used on a site may be cypress mulch. 7, Lawn grass, Grassed areas shall be planted with species normally grown in permanent lawns common to the Collier County area. Page 129 of 247 --- --.. Grassed areas may be sodded, plugged, sprigged, or seeded provided solid sod shall be used in swales or other areas subject to erosion and provided further, in areas where other than solid sod or grass seed is used, nursegrass seed shall be sown for immediate ground coverage until permanent coverage is achieved. The use of drought-tolerant species is advised. 8, Site-specific plant material. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits, The County Manager or his designee shall review and approve land plans based on the following criteria, Required plants used in the landscape design shall be: a. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance), b. Have noninvasive growth habits, c. Encourage low maintenance. d. Be otherwise consistent with the intent of this division, 9, Non code trees. The following plant species may be planted but shall not count towards required code trees: a. Eucalyptus spp, (eucalyptus), b, Grevillea robusta (silk oak), 10, Control species. The following plant species shall not be planted within 500 feet of conservation EASEMENTS and retained natural vegetation areas: a. Broussonetia papyrifera (paper mulberry). b. Wedelia trilobata (wedelia), 11. Landscape BERMS. All perimeter landscape BERMS over two feet in height shall meet or exceed the minimum standards as set forth herein, All grassed BERMS shall have side slopes no greater than four to one. BERMS planted with ground cover and landscaping shall have side slopes no greater than three to one, The toe of the slope shall be set back a minimum of five feet from the edge of all RIGHT -Of-W A Y and property lines, Existing NATIVE VEGETATION shall be incorporated into the BERMS with all slopes fully stabilized and landscaped with trees, shrubs, and ground cover. Landscape BERMS Page 130 of 247 shall not be placed within EASEMENTS without written approval from all entities claiming an interest under said EASEMENT, a. Landscape BERMS located adjacent to Interstate 75 RIGHT- OF-WA Y (1-75). BERMS located ADJACENT to the 1-75 RIGHT- Of-WAY may be reduced to a maximum slope of 2: 1, Such BERMS shall be planted with native ground cover over an erosion control fabric, and native ~r.ees placed at 25 feet on center, equal in height to the height of the BERM and located within a minimum ten- foot wide level planting area. 12, Plants used for Mitigation according to the procedures set out in Chapters 4 and 10. a. All plants used for mitigation shall be native Florida species. b, All plants used for mitigation shall be from a legal source and be graded Florida No, 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S, Bush, 1973, Part 1 and 2), All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No, 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (DIAMETER AT BREAST HEIGHT) of three inches, c. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in, The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants, d. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type, The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types, e. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. f. A program to control PROHIBITED EXOTIC VEGETATION in the mitigation area shall be required. D. Existing Plant Communities Page 131 of 247 Existing plant communities and ecosystems shall be maintained in a natural state and shall not be required to be irrigated, Native plant areas that are supplements to an existing plant community or newly installed by the APPLICANT shall be irrigated on a temporary basis only during the period of establishment from a temporary irrigation system, water ,truck, or by hand watering with a hose, 1, Existing plant material. In meeting the requirements of landscaping, the planning services director may permit the use of healthy native plant material existing on-site. In so doing, the planning services director may adjust the application of the standards of these regulations to allow credit for such existing plant material, provided, he may not permit the reduction of required percentages of a landscaped area or reduction in numbers of trees or shrubs required, unless otherwise allowed pursuant to section 4.06,05 E. Removal of vegetation is subject to the vegetation removal, protection, and preservation section (contained in this section), 2. All new DEVELOPMENT shall retain existing NATIVE VEGETATION to the maximum extent possible. Existing NATIVE VEGETATION shall be retained unless stormwater management design, necessary GRADE changes, required infrastructure or approved construction footprints necessitate its removal. The need to remove existing vegetation shall be demonstrated by the APPLICANT as a part of the site/construction plan review process, Areas of retained vegetation shall be preserved in their entirety with all trees, understory, and ground covers left intact and undisturbed provided that prohibited exotic plant materials as defined herein are to be removed, 3, During construction, all reasonable steps necessary to prevent the destruction or damaging of existing vegetation shall be taken, No excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the dripline of any vegetation that is required to be preserved, or that will be credited towards the required landscaping. 4, Protective barriers shall be installed and maintained beyond the dripline of all retained vegetation unless site improvements prohibit installation of barriers beyond the dripline, and shall remain in place for the duration of the construction process phase. E. Prohibited Plant Materials 1. Prohibited species. The following plant species shall not be planted: a. Enterolobium cyclocarpum (ear tree). Page 132 of 247 b, Melia azedarach (Chinaberry tree), c. Bischofia javanica (bishopwood). d, Scaevola frutescens (Australian inkberry). e, Dalbergia sissoo (Indi~f) rosewood), f. Sapium sebiferum (Chinese tallow tree), g. Ardisia elliptica (shoe button ardisia). h, Ficus microcarpa/Ficus nitida (laurel fig/Cuban laurel), This list shall be subject to revision as exotic plant species are determined to be noxious, invasive, cause environmental degradation to native habitats, or to be detrimental to human health, safety, or the public welfare. I 2. Prohibited exotic species. In addition to the prohibitions outlined in section 4.06.05 E. above, the species enumerated in section 3.05.08 or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county. 3. Prohibited exotic plants. All prohibited exotic plants, as defined in this Chapter as well as Chapter 3, shall be removed during each phase of construction from DEVELOPMENT areas, OPEN SPACE areas, and preserve areas pursuant to this Chapter as well as Chapter 3. Following site DEVELOPMENT, a maintenance program shall be implemented to prevent reinvasion of the site by prohibited exotic species. This plan shall describe control techniques and inspection intervals, shall be filed with, and be approved by, the DEVELOPMENT services director prior to approval of the improvement plans and final SUBDIVISION plat. Flexibility, in the form of area tradeoffs or mitigation, may be allowed in the determination of areas within DEVELOPMENTS to be preserved. 4, Native habitats. DEVELOPMENTS shall identify, protect, conserve, incorporate and use native vegetative communities pursuant to Chapter 3 and identify, protect and conserve wildlife habitat. F, Requirements to remove prohibited plant materials For these requirements, see section 3.05.08 'of this code, G, Installation requirements for plant materials Page 133 of 247 _._-- .-- .-" Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code, All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in section 4.06.05 C, Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. Limerock located within planting 'areas shall be removed and replaced with native or growing quality soil before planting, A plant's growth habit shall be considered in advance of conflicts which might arise (i,e. views, signage, overhead power lines, lighting, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines, or where they shall require frequent pruning in order to avoid interferences with overhead power lines. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one another. Parking lot / pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12.5 feet from the trunk of a tree, (See Figure x below), Page 134 of 247 COMPATIBLE TREE AND LIGHTING DESIGN Figure X Compatible Tree and Lighting Design Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species, Required landscaping shall not be placed within EASEMENTS without written approval from all entities claiming an interest under said EASEMENT, All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a SUBDIVISION DEVELOPMENT shall be guaranteed by a SUBDIVISION Page 135 of 247 completion bond in accordance with Chapter 10 governing the final platting of SUBDIVISION, All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved BUILDING and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code, ',. In instances where an act of God or conditions outside the control of the APPLICANT have prevented immediate installation, the planning services director, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy, H, Location requirements for plant materials 1, Signage located within/adjacent to LANDSCAPE BUFFER area. All trees and shrubs located within LANDSCAPE BUffER shall be located so as not to block the view of signage as shown in Figure 4,06,05 H, below, Signage ADJACENT to LANDSCAPE BUFfER. SIGN locations shall be shown on the landscape plan and 100 square feet of landscaping shall be provided as required by section 5,06,01, Where specimen trees exist, the signage SETBACK location may be administratively reduced per the requirements of section 5.06,00 of this Code required plantings shall progress in height away from the STREET. Page 136 of 247 '" / 10-1~' Londscape Bll '~.r Shrub and Ground Cover Areo Ac.ccasO/fc;lY figure 4.06.05 H. - Signage ADJACENT to LANDSCAPE BUffER I. Standards for landscape BERMS All perimeter landscape BERMS over two feet in height shall meet or exceed the minimum standards as set forth herein, All grassed BERMS shall have side slopes no greater than four to one, BERMS planted with ground cover and landscaping shall have side slopes no greater than three to one, The toe of the slope shall be set back a minimum of five feet from the edge of all RIGHT-OF-WAY and property lines, Existing NATIVE VEGETATION shall be incorporated into the BERMS with all slopes fully stabilized and landscaped with trees, shrubs, and ground cover. Landscape BERMS shall not be placed within EASEMENTS without written approval from all entities claiming an interest under said EASEMENT, 1. Landscape BERMS located adjacent to Interstate 75 RIGHT-OF- WA Y (1-75). BERMS located ADJACENT to the 1-75 RIGHT-Of-WAY may be reduced to a maximum slope of 2:1. Such BERMS shall be planted with native ground cover over an erosion control fabric, and native trees placed at 25 feet on center, equal in, height to the height of the BERM and located within a minimum ten-foot wide level planting area. Page 137 of 247 ----,-^ --- J, Maintenance of landscaping 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 II of the National Arborist Association, Trees shall not be severely pruned in order to permanently maintain growth'at a reduced height or spread, Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (Le. views, signage, overhead power lines, lighting, circulation, SIDEWALKS, BUILDINGS, and similar conflicts). 2. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months' after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted ory the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required, Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance, These shall include, but not be limited to the following: a, Prosecution before the Collier County Code Enforcement Board; b, Prosecution by the State Attomey's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d, Placing a lien on the property, to include all administrative, legal, material and installation costs. K. I rrigation system requirements 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the Page 138 of 247 survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas, Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as-needed basis only, Irrigation systems shall be designed for the zoning of high and low water use areas, Heads shall be designed for 100 percent head-to- head coverage unless specified by the manufacturer. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the BUILDING, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of water to IMPERVIOUS AREAS, Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a,m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements, There are no operational requirements for irrigation systems utilizing effluent. All new residential, commercial, and industrial DEVELOPMENTS shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this division. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section. 4.06.06 SPECIAL BUffER REQUIREMENTS FOR THE TTRVC ZONING DISTRICT A. Required BUFFERS, Visual screens are required in the following areas: 1, TTRVC parks fronting on a highway shall provide and maintain a clear area not less than 20 feet in width alongside and parallel to the highway, There shall be an additional landscaped area of five Page 139 of 247 ^-.- ""--, feet inside the entire length of the clear area. The landscape plan for this area will be determined at time of submission of a site DEVELOPMENT PLAN pursuant to Chapter 10. The entire clear area and landscape area may be combined to achieve a visual screen between the public road and the TTRVC park. 2. TTRVC parks ABUTTING lands zoned other than for such parks shall be screened from slJch land by a BUffER strip at least 15 feet wide, in which ornamental screening composed of structural or plant material shall be placed. Such screen shall be maintained at all times and constructed in accordance with the landscape provisions of section 4,06,00. 4.07.00 DESIGN STANDARDS fOR PLANNED UNIT DEVELOPMENTS 4.07.01 Unified Control All land included for purpose of rezoning to a PUD zoning district shall be owned or under the control of the APPLICANT, whether that APPLICANT be an individual, partnership or corporation, or a group of individuals, partnerships or corporations, I 4.07.02 Design Requirements In addition to all general provisions and procedures established in in this section , the following specific requirements, limitations and standards shall apply to all PUD districts except that section 4.07,02 D. shall not apply when there is no residential component within the PUD and section 4.07.03 shall not apply when there is no industrial component in the PUD, A. Minimum area. 1, The minimum area required for a PUD shall be ten (10) contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban fringe areas as designated on the future land use map of the GMP where no minimum acreage requirements must be met. 2. For infill PARCELS, as defined in Chapter 1 and the GMP, the minimum area required for a PUD shall be two (2) contiguous acres, For purposes of the planned unit DEVELOPMENT district only, the term "contiguousll shall include properties separated by either an intervening planned or developed public STREET RIGHT-Of-WAY; provided, however, no portion of such separated properties shall be less than five (5) acres. B, External relationships. 1, DEVELOPMENT within a PUD district shall be compatible with established or planned uses of surrounding neighborhoods and property, Page 140 of 247 2, The PUD shall provide protection of the DEVELOPMENT from potentially adverse surrounding influences and protection of the surrounding area from potentially adverse influences generated by or within the PUD. Fences, walls, or vegetative screening at the boundaries of PUD districts shall be provided, at a minimum, in accordance with the landscaping/BUfFERING requirements of section 4.06,00 to protect residents from undesirable views, lighting, noise, or other~dverse off-site influences, or to protect residents of adjoining districts from similar possible influences from within the PUD district. 3, In all cases, screening shall, at a minimum, be designed to protect existing or potential first-floor residential occupant window levels. 4. Off-STREET parking areas for five (5) or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened, C, Internal relationships. The DEVELOPMENT PLAN for a PUD district shall provide for safe, efficient, convenient, and harmonious grouping of STRUCTURES, uses and facilities, and for appropriate relation of space inside and outside BUILDINGS to intended uses and structural features. 0, RESIDENTIAL DENSITY. 1, The overall maximum RESIDENTIAL DENSITY permissible or permitted in a PUD shall be calculated by dividing the total number of DWELLING UNITS by the total of gross acreage of the proposed PUD excluding the acreage of the areas designated for commercial, industrial, or other land use having an established equivalent RESIDENTIAL DENSITY in this LDC, 2. The maximum DENSITY permissible or permitted in a PUD shall not exceed the DENSITY permissible under the DENSITY rating system, or applicable policies contained in the future land use element. Land use intensities for nonresidential uses shall be governed by provisions of the most similar use district or as otherwise provided in these regulations, 3, The BCC may lessen DENSITY or intensity of DEVELOPMENT when it has been determined that DEVELOPMENT to the maximum DENSITY or intensity permissible in this section would: a. Create inconvenient or unsafe ACCESS to the PUD; or b, Create traffic congestion in the STREETS which adjoin or lead to the PUD; or c. Place a burden on parks, recreational areas, schools, and other facilities which serve or are proposed to serve the PUD; or Page 141 of 247 ,-.-^ -----~ d, Be in conflict with the intent or provisions of the GMP; or e, Create a threat to property or incur abnormal public expense in areas subject to natural hazards; or f. Be incompatible or inconsistent with surrounding neighborhoods or areas; or g. Otherwise be inappropriate. E. Minimum dimensional standards, 1, Except as provided for within the industrial and neighborhood VILLAGE CENTER component of this section, dimensional standards within any tract or increment of the proposed PUD shall conform to the minimum dimensional and other standards of the zoning district to which it most closely resembles in type, DENSITY, and intensity of use, Where there is uncertainty, the more restrictive standards shall apply. 2. Variation from these minimum dimensional standards may be approved if the PUD demonstrates unique or innovative design, For purposes of this section, examples of unique and innovative design may include, but are not limited to: a. Providing usable COMMON OPEN SPACE within individual tracts or increments to offset and compensate for decreases in typical LOT sizes or YARD requirements. b. Providing for public ACCESS to OPEN SPACE areas beyond the boundaries of the property, c. The use(s) occurring within the PUD are such that COMPATABILlTY with surrounding uses can be assured by applying different requirements than would be applicable under another zoning district. d, Providing places for public assembly such as parks and plazas which are linked together and centrally located to ensure accessibility, e. Siting BUILDINGS and DWELLING UNITS to provide optimum ACCESS to OPEN SPACE areas. f, Providing for the integration and preservation of natural resources with DEVELOPMENT, through conservation of natural resources such as streams, lakes, fLOOD PLAINS, groundwater, wooded areas and areas of unusual beauty or importance to the natural ecosystem. g, Providing certain personal services, offices and convenience shopping goods to residents of the PUD having the effect of reducing the number of vehicular trips for these purposes to destinations outside of the PUD. Page 142 of 247 3. Submission of schematic architectural drawings, site plans, floor plans, elevations, and perspectives which shall graphically demonstrate the proposed reduction in dimensional standards for all proposed land use types and their ACCESSORY uses within the PUD shall also be required to provide support documentation for reduction in the minimum standards of the LDC, 4, Where required side YARD SETBACKS are permitted to be zero (0), a site improvement plan, pursuant to Chapter 10, of this LDC shall be approved prior to issuance of a BUILDING permit. F. Off-STREET parking and off-STREET loading requirements shall be as for comparable type, DENSITY and intensity of uses established in the PUD, No parking spaces on or within any public or private road or travelway shall be counted in fulfilling the required number of spaces. Landscaping for vehicular areas shall be as established in section 4,06.00, G. OPEN SPACE requirements. 1. USABLE OPEN SPACE shall include active and passive recreation areas such as playgrounds, golf courses, lakes, both natural and manmade, BEACH fRONT AGE, waterways, lagoons, fLOOD PLAINS, nature trails, and similar OPEN SPACES, Open water areas beyond the perimeter of the site, intemal STREET RIGHTS-Of-WAY, DRIVEWAYS, off-STREET parking areas, and off-STREET loading areas shall not be counted in determining USABLE OPEN SPACE. 2, Within PUD districts composed entirely of residential DWELLING UNITS and ACCESSORY USES, at least sixty (60) percent of the gross area shall be devoted to USABLE OPEN SPACE. 3. Within PUD districts containing commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to USABLE OPEN SPACE. 4, An appropriate percentage of the gross project area shall be required to be dedicated to public use as USABLE OPEN SPACE for all DEVELOPMENT after a determination by the BCC that a public need exists for such public facilities and that the amount of area dedicated is directly related to the impacts or needs created by the proposed DEVELOPMENT. H. The desirable natural, historic, or archaeological features of the site including trees and other vegetation of consequence of a PUD district shall be preserved and protected, The disturbance of terrain or vegetation in a manner likely to significantly increase either wind or water erosion within or ADJACENT to the PUD district is prohibited, I. Within the residential portion of a PUD district, all utilities, including telephone, television cable, and electrical systems, shall be installed Page 143 of 247 - .., - underground; provided, however, appurtenances to these systems which require aboveground installation must be opaquely screened and thereby may be exempted from these requirements; and primary facilities providing service to the site of the DEVELOPMENT or necessary to service areas outside the district may be exempted from this requirement. J. STREETS, drives, parking and service areas, 1, STREETS, drives, parking, and service areas shall provide safe and convenient ACCESS to DWELLING UNITS and project facilities, and for service and emergency vehicles and shall be otherwise consistent with the Collier County Functional Classification and Future Roadway Plans, as may be amended from time to time. 2, STREETS shall be laid out and constructed so as not to require excessive cuts or fills or to interfere with desirable drainage in or ADJACENT to the district. 3, In addition, all major arteries as shown on the master plan of DEVELOPMENT shall be limited ACCESS facilities and the only vehicular ACCESS thereto shall be public STREETS unless otherwise provided for within the approved PUD master plan, 4, Principal vehicular ACCESS points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need, The interconnection of COLLECTOR and local STREETS within the PUD to ADJACENT lands or DEVELOPMENTS shall be required except where determined by the County Manager or designee that an interconnection is not feasible or warranted due to existing DEVELOPMENT patterns, transportation network needs, or the like. Interconnection of local STREETS shall be designed to discourage through traffic, and not adversely impact local STREETS in the neighboring residential areas. Where STREETS within the district intersect adjoining STREETS, visibility triangle shall be maintained. 5, All STREETS or roads within the PUD shall be public unless specifically identified and approved as private on the PUD master plan, and shall comply with all requirements for STREETS and roads as contained in section 4,03.00, 4.07.03 Special Requirements for Industrial Planned Unit DEVELOPMENTS. A. Industrial PUDs are intended to implement the industrial under criteria subdistrict as provided for in the urban designated areas on the future land use map. Page 144 of 247 1. The boundaries of the proposed PUD must be transitional, therefore, requiring uses along the perimeter to be compatible with noniNDUSTRIAL USES. 2, The project must have direct ACCESS to an ARTERIAL, or COLLECTOR level STREET or higher designation roadway, with an internal circulation system that prohibits industrial traffic from traveling through predominately residential areas. 3. The PUD must have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses. B. In industrial PUDs, no BUILDING or STRUCTURE, or part thereof shall be erected, AL TERED or used, or land or water used, in whole or in part, for other than as described below, 1. Permitted PRINCIPAL USES and STRUCTURES. a. Corporate headquarters, b. Laboratories. c, Light manufacturing, processing and packaging, I d, Medical laboratories, clinics, treatment facilities and research and rehabilitative centers, e. Printing, lithographing and publishing, f, Technological research, design and product DEVELOPMENT, 2, Permitted ACCESSORY uses and STRUCTURES. a, ACCESSORY uses and STRUCTURES customarily associated with the uses permitted in this district. b, Recreational facilities such as a health spa, handball courts, or other similar recreational activities. c, RESTAURANTS, or offices available for use by employees of businesses located within the permitted and ACCESSORY use BUILDINGS. d. CHILD CARE CENTERS. e, Wholesale and storage as ACCESSORY to the PRINCIPAL USE. f, Retail sales and/or display areas as ACCESSORY to the PRINCIPAL USE, not to exceed an area greater than ten percent of the gross fLOOR AREA of the permitted PRINCIPAL STRUCTURE. C. DEVELOPMENT standards. 1. The land area requirements are shown in the following table. Page 145 of 247 -.- -" Table 20. land Area Re uirements for Industrial PUDs. Minimum Area acres Minimum PUD 10 Minimum area for infill arcels * 2 Minimum lot area 1 *Requires determination of COMPAT ABILITY. 2. The minimum LOT width ,is 150 feet. 3. Minimum YARD requirements are shown in the following table. Table 21. Setback Re uirements for Industrial PUDs. Yard Minimum Setback feet Front 50 Side, ABUTTING residentially zoned ro ert 50 Side, all other situations 20 Rear 50 4, The maximum height of STRUCTURES is sixty-five (65) feet, except when ABUTTING residentially zoned property then thirty- five (35) feet. 5. When required, a fence shall be of masonry, wood, concrete block, or decorative iron or steel. 6. No outside storage or display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed BUILDING. 7. Thirty (30%) percent of the gross PUD area shall be USABLE OPEN SPACE. 8. Environmental controls, soundproofing, lighting and emission controls shall be required to mitigate impacts of the DEVELOPMENT on surrounding residential property. 4.07.04 Special Requirements for Mixed Use Planned Unit DEVELOPMENTS Containing a Commercial Component. A. Applicability 1, When a mixed use PUD containing a commercial tract or increment is located outside of an activity center, and is intended as a neighborhood VILLAGE CENTER offering personal services, offices and convenience goods for reside.nts of the PUD, as provided for in the PUD Neighborhood VilLAGE CENTER subdistrict of the Future Land Use Element of the GMP, the following list of uses, regulations, DEVELOPMENT standards, and design guidelines shall apply, Page 146 of 247 2. In addition to the above commercial uses, the neighborhood VillAGE CENTER may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. 8, Design Standards 1. The gross acreage of the neighborhood VILLAGE CENTER shall be sized in proportion to t,he number of housing units authorized in the PUD as follows. The maximum size shall be fifteen (15) contiguous acres. Table 22. Maximum land Area in Neighborhood VILLAGE CENTER No. of Dwelling Units Maximum Size of Neighborhood VILLAGE CENTER (Acres) 250 throuah 400 1,50 401 throuah 550 2,50 551 throuoh 700 3.50 701 throuah 850 4,50 851 throuoh 1,000 5,50 1,001 throuah 1 ,150 6.75 1,151 throuoh 1,300 8.00 1,301 throuah 1 ,450 9.50 1 ,451 throuah 1,700 11.00 1,701 throuoh 1,850 12,50 1,851 throuah 2,000 14.00 2,001+ 15.00 2, The maximum fLOOR AREA RATIO for the commercial component is 0.25. 3, The neighborhood VILLAGE CENTER shall be a unified, and architecturally integrated, plan of DEVELOPMENT with common ownership of all of the property that comprises the neighborhood VILLAGE CENTER. 4, The following LOCATIONAL CRITERIA and functional operating characteristics shall characterize the neighborhood VILLAGE CENTER: a, The neighborhood VILLAGE CENTER must be internally located within the PUD such that the site has no direct ACCESS to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing ACCESS to the PUD, The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD, b, The neighborhood VILLAGE CENTER shall be located within a 1,760 foot radius {one-third (1/3) mile} of at least eighty (80%) percent of the total number of approved residential units. Page 147 of 247 c. The neighborhood VILLAGE CENTER shall be pedestrian- friendly meaning minimal dependency upon ACCESS by automobiles and with location and design to encourage pedestrian ACCESS, which shall be reflected in the pedestrian walkway system for the entire PUO. 5. In recognition of the pedestrian-friendly design of the neighborhood VILLAGE CENTER, as required in section 4.07.04 B.4.c., the number of required off-STREET parking spaces shall only be fifty (50%) percent of that required by section 4,05,04 of the LDC. However, the number of off-STREET parking spaces provided shall not exceed (75%) percent of that required by section 4.05.04, In all other respects, off-STREET parking areas shall be designed in accordance with the provisions of section 4.05,00 of this LOC. 6. The neighborhood VILLAGE CENTER shall be subject to, and in compliance with, the design guidelines identified in section 5,05,08 of this LDC except as otherwise excepted or required herein. 7. SIGNS. A unified SIGN plan shall be submitted and made a part of the approval for the neighborhood VILLAGE CENTER I site DEVELOPMENT PLAN, The approved unified SIGN plan, will establish signage specifications and will therefore become the SIGN regulations that will apply to the neighborhood VILLAGE CENTER, The unified SIGN plan shall adhere to section 5,06.00 of this LOC, except that pole SIGNS are prohibited, SIGNS shall be designed so that their size and location are pedestrian-oriented. 8, No commercial BUILDING construction in the neighborhood VILLAGE CENTER shall be allowed until BUILDING construction has commenced on at least thirty (30) percent of the residential DWELLING UNITS in the PUO. 4.07.05 Special Requirements for Research and Technology Park Planned Unit DEVELOPMENTS DEVELOPMENT in research and technology parks shall comply with the design requirements in the following table: Table 23. Dimensional Standards for Research and Technology Park PUDs Desiqn Requirement Minimum lot area 20,000 square feet Minimum lot width for lots ABUTTING arterial or collector 250 feet roads Minimum lot width, all other lots 1 00 feet Setbacks Front yard 25 feet Side yard, abutting residentially zoned property Side yard, all other lots 25 feet Rear yard 15 feet All yards abuttinq reSidentially zoned or used 15 feet Page 148 of 247 I property I 25 feet I 4.07.06 Provision of Polling Places. A. At the time the BCC approves a zoning request to planned unit DEVELOPMENT (PUD) or any other residential DEVELOPMENT involving a project of more than 100 DWELLING UNITS, or at the time the BCC approves a PUD amendment, any residential project which will have a community recreation/public BUILDING/public room or similar common facility, shall be required to provide polling places in said community recreation/public BUILDING/public room if a polling place is determined to be necessary by the BCe. The board shall consider the recommendation of the supervisor of elections in reaching such determination. B, If a residential PUD or a residential project is a private DEVELOPMENT with a restricted and/or monitored entrance which limits ACCESS to residents of that DEVELOPMENT, their guests and necessary maintenance workers, a polling place may be required by the board to be provided in any community recreation/pu blic BUILDING/public room or similar facility; however, the controlling entity of that private DEVELOPMENT may limit the use of the polling places to the residents of that private DEVELOPMENT, C, This commitment shall be guaranteed through the following mechanism: an agreement recorded in the official records of the clerk of the circuit court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, CONDOMINIUM associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public BUILDING/public room or similar common facility to be used for a polling place if determined to be necessary by the supervisor of elections. The commitment also shall be included within the PUD document. D. The supervisor of elections is responsible for arranging use of said community recreation/public BUILDING/public room or other common facility for a polling place with the entity who controls said common facility prior to the election. E, ACCESS to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT ST ANDARDS AND PROCEDURES Page 149 of 247 ---- -- '"-- 4.08.01 Specific Definitions Applicable to the RLSA District As used in the RLSA District Regulations, the terms below shall have the following meanings, set forth below, to the exclusion of any meanings ascribed to such terms in section 1.08,00: A. Accessory DWELLING UNIT - a DWELLING UNIT that is supplemental and subordinate to a primary dwelling on the same premises, limited to 900 square feet. B, Baseline Standards - Baseiine Standards are the allowable uses, DENSITY, intensity and other land DEVELOPMENT regulations assigned to land within theRLSA District by the GMP, Collier County Land DEVELOPMENT Regulations and Collier County Zoning Regulations in effect prior to July 25, 2000, and subject to the further provisions of section 4,08.05. C, BUILDING Height - Refers to the vertical extent of a BUILDING. BUILDING height is measured in Stories. D. BUILDING Height to STREET Width Ratio - The maximum height of the tallest BUILDING divided by the width of the STREET. ! The STREET width is the distance between two BUILDING fACADES1. I i E. Civic and Institutional Uses - STRUCTURES developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including the arts, education, government and religion, F. Compact Rural DEVELOPMENT (CRD) - Compact Rural DEVELOPMENTS are a form of SRA that provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village, A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents, An example of a CRD without permanent residential housing is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village, It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary to support permanent residents. G, Context Zones - Areas that establish the use, intensity and diversity within a town, village or hamlet. Context zones specify permitted land uses, FARs, BUILDING height, SETBACKS, and other regulating elements to guide the establishment of the urban to rural continuum. H. Designation - Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. Page 150 of 247 I. FSA - Flow way Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned WETLANDS that are located within the Camp Keais Strand and Okaloacoochee Slough, FSAs form the primary WETLAND flow way systems in the RLSA District. J, Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single-family housing and a limited range of convenience-oriented services, Hamlets serve as a" more compact alternative to traditional five (5)-acre LOT rural ,SUBDIVISIONS currently allowed in the Baseline Standards. K. HSA - Habitat Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics, These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. L. Landmark BUILDING - A prominent civic or institutional BUILDING that creates a significant community feature, focal point, or terminating vista, M. Land Use - Land Cover Indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS) (FOOT 1999), For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321,411,4119,425, 434,439,428); Group 3 (211, 212, 213, 214,221,222,241,242,243, 250, 260, 261, 310, 329, 330, 422, 510, 521, 523, 533, 534); and Group 4 (all others), N, Land Use Layer (Layer) - Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix, O. Land Use Matrix (Matrix) - The tabulation of the permitted and conditional land uses within the Baseline Standards set forth in Section 4.08,06 B.4" with each Land Use Layer displayed as a single column, p, Listed Species Habitat Indices - One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species, Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations of listed species with land cover identified as preferred or tolerated habitat for that species, Land mapped, using FLUCCS, as 310, 321, 411,425,428,434,617,6172, Page 151 of 247 --- '.---- 621, 6218, 6219, 624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices, An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. a. Natural Resource Index (Index) - A measurement system that establishes the relative naturaJ resource value of each acre of land by objectively measuring six diff~rent characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, Proximity, Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land Cover, R. Natural Resource Index Map Series (Index Maps) - The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the GMP, S, Natural Resource Index Value (Index Value) - The sum of the values assigned to each acre, derived through the calculation of the values I assigned to each of the six (6) characteristics included in the Index: T. Neighborhood Edge - A defining Context Zone that includes the least intensity and diversity within the town, village or hamlet. The zone is predominantly single-family residential and recreational uses. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. U. Neighborhood General - A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi- family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and OPEN SPACE, V. Neighborhood Goods and Services Zone - Zone located within the Neighborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkability, W,OPEN SPACE - OPEN SPACE includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, fLOOD PLAINS, nature trails, NATIVE VEGETATION preserves, landscape areas, public and private conservation lands, agricultural areas (not including STRUCTURES), and water retention and management areas, BUILDINGS shall not be counted as part of any OPEN SPACE calculation, Vehicular use surface areas of STREETS, ALLEYS, DRIVEWAYS, and off-STREET Page 152 of 247 parking and loading areas shall not be counted as part of any OPEN SP ACE calculation, X, PATHWAY - A defined corridor for the primary use of non-motorized travel. y, Post Secondary Institution Ancillary Uses - Any use or facility owned by a public or private post secondary institution that is of a type commonly found on publi~. or private post secondary institution campuses. Z, Proximity Indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands, No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve, AA. Restoration Potential Indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector WETLANDS and flow way, wading bird habitat, or other listed species habitat. BB, Restoration Zone - Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. CC, RLSA District - Rural Lands Stewardship Area Zoning Overlay District - The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line. DO. RLSA Overlay Map - The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open. EE. RLSA District Regulations -LDC Section 4.08,00, FF.Soils/Surface Water Indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon soil types classified using the following Natural Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category Page 153 of 247 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and 11). GG, Special Districts - An area dedicated for certain uses that cannot be incorporated into one of the Context Zones, SpeCial . Districts provide for the inclusion of unique uses and DEVELOPMENT standards not otherwise defined in a context zone. HH. SRA - Stewardship Receiving Area - A designated area within the RLSA District that has been approved for the DEVELOPMENT of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits. II. SSA - Stewardship Sending Area - A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. JJ, Stewardship Credit (Credit) - A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the DEVELOPMENT of one acre of land as provided in Section 4.08.06 8, KK. Stewardship Credit Database - A database maintained by the County that keeps track of all of the credit transactions (generation of Credits through SSA designation and the consumption of credits through SRA designation) approved by the County. LL. Stewardship Credit System - A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural DEVELOPMENT. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. MM, Stewardship Credit Worksheet - An analytical tool that manually describes the Stewardship Credit calculation process including the Natural Resource Index and Land Use Layer components, The worksheet can be used to document proposed changes to the Index component during the SSA and SRA designation processes. NN. Stewardship Overlay Designation - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where Land Use Layers 1 through 3 are removed, Restoration Zone, Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher value but shall not receive value for both designations. Page 154 of 247 00. Story - That portion of a BUILDING included between a floor which is calculated as part of the BUILDING'S habitable FLOOR AREA and the floor or roof next above it. PP. Story, Half - The designation of a space on the upper level of a BUILDING in which the walls at the eaves are zero to four feet. QQ. Town - Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support DEVELOPMENT that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns are comprised of several Villages and/or neighborhoods that have individual identity and character. RR. Town Center - A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town, The Town Center is an extension of the Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods, SS, Town Core - A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally, TT, Village - Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village, Villages are comprised of residential neighborhoods and shall include a mixed- use VILLAGE CENTER to serve as the focal point for the community's support services and facilities. UU. VILLAGE CENTER - A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and services, culture and entertainment, and residential uses. VV. WRA - Water Retention Area - Privately owned lands delineated on the RLSA Overlay Map, that have been permitted by the SFWMD to function as agricultural water retention areas and that provide surface water quality and other natural resource value, 4.08.02 Establishment of RLSA Zoning Overlay District. In order to implement the RLSA District Regulations, an RLSA District, to be designated as "RLSAO" on the official zoning atlas, is hereby established. A. The lands included in the RLSA District and to which the RLSA District Regulations apply are depicted by the following map: Paoe 155 of 247 ~ -y.. --, Rural Lands Stewardship Area (RLSA) Zoning Overlay District R 28 E R 29 E R 30 E ------ HENDRY COUNTY ~~ "// Z ~~ o . -1 Cf.I (,J - ". co ..... CD ... ... -' .... m E IMMCKA en LEE :/ ~. ~ -1 Cf.I ..... /; .po, ... ..... 1/ I- en :x: '" z 0 ;v -< () -1 0 ~ c z .po, en -< -< CD ClO en ... ~ ?I@ I- '%/// I . H -1 Cf.I w+. ..,. en I I co ... '/ LEGEND en l- . ~ ~ lAHOS SlEWAIlD_ NICA JMLn <M:IIlAY . , , I - 75 R 28 E R 29 E I R 30 E B, Within the RLSA District, additional lands may be designated to implement the stewardship credit system as follows: 1. Establishment of SSA designations. An RLSA District classification to be known as SSAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-SSA", is hereby established, This overlay district classification will be used for those lands within the RLSA District that are designated by the board of county commissioners (BCC) as SSAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations, Page 156 of 247 2, Establishment of BRA designations. An RLSA District classification to be known as SRAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-SRA", is hereby established, This overlay district classification will be used for those lands within the RLSA District that are designated by the BCC as SRAs, The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 4.08.03 Establishment of land uses allowed in the RLSA District. Land uses allowed within the RLSA District are of'two types: those allowed in the baseline standards prior to designation of SSAs and SRAs, and; those uses provided for in SSAs and SRAs after designation, The underlying land uses allowed within the RLSA District are included in the baseline standards, Upon designation of SSAs and SRAs pursuant to the RLSA District Regulations, the land uses allowed shall be as provided in sections 4,08,06 and 4.08.07, respectively. 4.08.04 Implementation of Stewardship Credits A. Establishment of a Stewardship Credit Database. As part of the initial implementation of the RLSA Overlay, the County Manager or designee shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an electronic fonn that can be linked to the RLSA Overlay Map and can readily produce reports that will afford convenient access to the data by the public. The database shall be updated upon approval of an SSA or SRA Designation Application and Credit Agreement. B. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing herein shall preclude the County from pennanently "retiring" those credits received or held. C. DENSITY Except as provided in herein, there shall be no change to the underlying DENSITY and intensity of permitted uses of land within the RLSA District, as set forth in the Baseline Standards, until a property owner elects to utilize the provisions of the Stewardship Credit System pursuant to the provisions of Section 4,08.04. No part of the Stewardship Credit System shall be imposed upon a property owner without that owner's written consent. It is the intent of the RLSA District Regulations that a property owner will be compensated consistent with Policy 3,8 of the RLSA Overlay Page 157 of 247 _._- for the voluntary stewardship and protection of important agricultural and natural resources. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, D, Creation of Stewardship Credits/General. Stewardship, Credits (Credits) may be created from any lands within the RLSA District from which one or more Land Use Layers are removed, These lands will be identified as SSAs. All privately owned lands within the RLSA District are candidates for designation as an SSA. Land becomes designated as an SSA upon petition by the property owner seeking such designation as outlined herein, A Stewardship Agreement shall be developed that identifies those land uses, which have been removed. Once land is designated as an SSA and Credits or other compensation is granted to the owner, no increase in DENSITY or additional uses that are not expressly identified in the Stewardship Agreement shall be allowed on such property. E. Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth in Section 4.08.07 A.1. and that have been designated as SRAs. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non- residential entitlements in an SRA on a per acre basis. SRA DENSITY and intensity will thereafter differ from the Baseline Standards, F. Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be allocated to one or more SRAs, and an SRA may receive Stewardship Credits generated from one or more SSAs. G, Five Year Comprehensive Review. 1. Many of the tools, techniques, and strategies of the RLSA Overlay are new, innovative, and incentive-based and have yet to be tested in actual implementation. Consequently, by June 2008 and at such subsequent times as deemed appropriate by the BCC, the County shall prepare and submit to DCA for review a comprehensive analysis of the RLSA Overlay to assess the participation and effectiveness of the RLSA Overlay implementation in meeting the Goals, Objectives, and Policies of the RLSA Overlay by utilizing the measures of review delineated in Policy 1 .22. The County shall encourage public participation in the review process through publicly noticed workshops and meetings and through the solicitation of public input. 2. Subsequent to the June 2008 review, the RLSA Overlay and RLSA District Regulations may be amended in response to the County's assessment and evaluation of the participation in and effectiveness of the Stewardship Credit System. Page 158 of 247 3. The value, exchange rate, and use of Stewardship Credits shall be governed by the RLSA Overlay and RLSA District Regulations in effect at the time the SSA from which those credits are generated is approved, The Restoration Stewardship Credits shall be governed by the RLSA Overlay and RLSA District Regulations in effect at the time that such Restoration Stewardship Credits are authorized by the BCe. 4.08.05 Lands Within the RLSA DistrictPrior to SSA or SRA Designation. All lands within the RLSA District have been delineated on the RLSA Overlay Map, Unless and until designated as an SSA or SRA, lands within the RLSA District shall remain subject to the Baseline Standards. A. Baseline Standards, The Baseline Standards shall apply until lands within the RLSA District are voluntarily designated as an SSA or SRA and shall remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, B. No increase in DENSITY or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, DENSITY and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the AfFORDABLE HOUSING DENSITY Bonus as referenced in the DENSITY Rating System of the FLUE, and the DENSITY and intensity blending provision of the Immokalee Area Master Plan, C. Lands Within the RLSA District Not Designated SSA or SRA Subject to Special Environmental Standards. In order to protect water quality and quantity and maintenance of the natural water regime in areas mapped as FSAs on the RLSA Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit Program, Residential Uses, General CONDITIONAL USES, Earth Mining and Processing Uses, and Recreational Uses (Layers 1-4) as listed in Section 4.08.06 B, shall not be permitted in FSAs within the RLSA District. CONDITIONAL USE ESSENTIAL SERVICES and governmental ESSENTIAL SERVICES, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1,2 or less. In order to protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the RLSA Overlay Map that are not within the ACSC, the use of such land for a non-agricultural purpose under the Baseline Standards shall be subject to environmental regulations implementing Policies 5.1 through 5,6 of the RLSA Overlay, which regulations shall be adopted by December 13, 2003. Page 159 of 247 -""-, --<. 4.08.06 SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations: A, Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open,' may be designated as an SSA, including lands within the ACSC. 1, May be within an SRA Bo'undary. A WRA, whether designated as an SSA or not, may be contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the provisions of section 4.08.06 A.4,b, shall apply, 2, FSA Delineated Lands, a, In the case where lands delineated as FSA are designated as an SSA, at a minimum, Residential uses, General CONDITIONAL USES, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Land Use Matrix shall be eliminated as permitted land uses, I b, CONDITIONAL USE ESSENTIAL SERVICES I and governmental ESSENTIAL SERVICES, other than those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1 ,2 or less, c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORA TION and oil and gas field DEVELOPMENT, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida Adminstrative Code regardless of whether the FSA in which OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT and production activities is within the Big Cypress Swamp. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities, d. The elimination of the Earth Mining layer (Layer 3) shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within an FSA. e, Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed Page 160 of 247 . by applicable permits as of the date that the SSA designation is approved, 3. HSA Delineated Lands. a, In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated. b, General CONDITIONAL USES, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less, c. In addition to the requirements imposed in the LDC for approval of a CONDITIONAL USE, uses listed in b, above will only be approved upon submittal of an EIS which demonstrates that clearing of NATIVE VEGETATION has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact AQUifERS. This demonstration shall be made by establishing the following: (1) Clearing of NATIVE VEGETATION shall not exceed 15% of the NATIVE VEGETATION on the PARCEL. (2) Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas. (3) BUFFERING to Conservation Land shall comply with Section 4.08.07 J.6.1 O. (4) Stormwater Management design shall base water control elevations on seasonal high water elevations of ADJACENT WETLANDS to protect WETLAND hydroperiods in accord with the SFWMD Basis of Review. (5) The area has a Listed Species Habitat Indices Value of 0.4 or less and no state or federal direct impact take permit is required for the use, (6) Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive Use Permit and that utilize best management practices designed to protect groundwater from contamination from allowable land uses are deemed not to significantly and adversely impact AQUifERS, d. As an alternative to the submittal of an EIS, the APPLICANT may demonstrate that such use is an integral part of a State or Federally approved restoration plan or mitigation program, Page 161 of 247 --~. e, CONDITIONAL USE ESSENTIAL SERVICES and governmental ESSENTIAL SERVICES, other than those necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less. f. Asphaltic and concrete batch making plants are prohibited in all HSAs, g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in HSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida Adminstrative Code regardless of whether the HSA in which OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT and production activities is within the Big Cypress Swamp. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil: and gas field DEVELOPMENT and production activities. 1 I h, Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida DEP, which standards shall be adopted by December 13, 2003. i. Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be aI/owed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved. 4. WRA Delineated Lands. a, In the case where lands delineated as WRA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated as permitted land uses, b, During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or Page 162 of 247 restoration in other areas of the RLSA District that will provide comparable habitat function, Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough. 5, Restoration Zone Delineated Lands. To further direct other uses away from and to provide additional incentive for the protection, enhancement, and resto~ation of the Okaloacoochee Slough and Camp Keais Strand, when lands within a Restoration Zone are designated as an SSA and at least Land Use Layers 1 through 3 are eliminated as permitted uses, such Restoration Zone shall receive a Stewardship Overlay Designation value of 0,6, B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in DENSITY or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated, 1, Early Entry BONUS CREDITS. Early Entry BONUS CREDITS are hereby established to encourage the voluntary designation of SSAs within the RLSA District. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as an SSA that is within an HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as an SSA that is within an HSA located inside the ACSC. a. The early entry bonus shall be available until January 30,2009, b, The early designation of SSAs and the resultant generation of Stewardship Credits do not require the establishment of SRAs or otherwise require the early use of Credits. c. Credits generated under the early entry bonus may be used after the termination of the bonus period, d. The maximum number of Credits that can be generated under the early entry bonus is 27,000. e, Early Entry BONUS CREDITS shall not be transferred into or otherwise used to entitle an SRA within the ACSC. 2. The Stewardship Credit Worksheet, adopted as Attachment "A" of the GMP RLSA Goals, Objectives, and Policies, sets out the mathematical formula that shall be used to determine the number Page 163 of 247 -, of credits available for each acre of land being considered for an SSA. 3. Natural Resource Indices and Values, A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet, a. Natural Resource Indices. Stewardship Overlay Designation Proximity Indices Listed Species Habitat Indices Soils/Surface Water Indices Restoration Potential Indices Land Use - Land Cover Indices b, Index Values. During the RLSA Study, based upon data and analysis, each acre within the RLSA District was assigned a value for each Index except for the Restoration Potential Index, The Restoration Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are made at that time, I i c, Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand. All lands within 500 feet of the delineated FSAs that comprise the Slough or Strand that are not otherwise included in an HSA or WRA shall receive the same natural index score (0,6) that an HSA receives, if such property is designated as an SSA and retains only agricultural, recreational and/or conservation layers of land use, d. Index Map, A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated as SSAs, shall be based upon the Natural Resource Index values in effect at the time of designation. At the time of designation, the Natural Resource Index Assessment required in Section 4.08.06 C.3. shall document any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics of land due to AL TERA TION of the land prior to the designation of an SSA that either increases or decreases any Index Value shall result in a corresponding adjustment in the credit value. e, Restoration Potential Index Value, If the APPLICANT asserts that the land being designated as an SSA has a Restoration Potential Index Value of greater than zero (0), an evaluation of the restoration potential of the land being designated shall be Page 164 of 247 prepared by a qualified environmental consultant (per Chapter 10 of the LDC) on behalf of the APPLICANT and submitted as part of the SSA Designation Application Package. In the event that restoration potential is identified, the appropriate Restoration Potential Index Value shall be determined in accord with the Credit Worksheet. The credit value of each acre to which the Restoration Potential Index Value is applied shall be recalculated by adding the Restoration Potential. Index Value to that acre's total Index Value. f. Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to the Restoration Potential Index Value, In certain locations there may be the opportunity for flow way or habitat restoration such as locations where flow ways have been constricted or otherwise impeded by past activities or where additional land is needed to enhance wildlife corridors, Restoration Stewardship Credits shall be applied to an SSA subject to the following regulations: (1) Priority has been given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Therefore, four (4) additional Stewardship Credits shall be generated for each acre of land dedicated by the APPLICANT for restoration activities within any of the following areas: the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Camp Keais Strand, (2) Two (2) additional Stewardship Credits shall be generated for each acre of land dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on that are contiguous to the Okaloacoochee Slough. (3) The actual implementation of restoration improvements is not required for the owner to receive such credits referenced in (1) and (2) above, (4) Lands designated "Restoration" shall be restricted to Agriculture - Group 2 and CONSERVATION USES and all natural areas shall be maintained in their existing natural condition until such time as restoration activities occur. Upon completion of restoration, the land shall be managed in accordance with the applicable restoration permit conditions, which may impose furt~er restriction on the allowed use of the property, (5) If the APPLICANT agrees to complete the restoration improvements and the eligibility criteria below are satisfied, Page 165 of 247 _._~- ---~ four (4) additional Stewardship Credits shall be authorized at the time of SSA designation, but shall not become available for transfer until such time as it has been demonstrated that the restoration activities have met applicable success criteria as determined by the permitting or commenting agency authorizing said restoration, One or more of the following eligibility criteria shall be used in evaluating an APPLICANT'S request for these additional Restoration Stewardship Credits: '.. (a) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the APPLICANT'S environmental consultant and County environmental or natural resources staff , there will be functional enhancement of the flow way or wildlife corridor; (b) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors within two miles of existing public lands so that, in the opinion of the APPLICANT'S environmental consultant and County environmental or natural resources staff, there will be a functional enhancement of the flow way or wildlife corridor; (c) Documentation of state or federal listed species utilizing the land or a contiguous PARCEL; (d) Lands that could be restored and managed to provide habitats for specific listed species (e.g" gopher tortoise, Big Cypress fox squirrel, red-cockaded woodpecker, etc,), or; (e) Occurrence of a land PARCEL within foraging distance from a wading bird rookery or other listed bird species colony, where restoration and proper management could increase foraging opportunities (e.g" wood storks), 4, Land Use Layers to be Eliminated, A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or CONDITIONAL USES allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only Page 166 of 247 be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. a, Land Use Layers. 1 - Residential Land Uses 2 - General CONDITIONAL USES 3 - Earth Mining and Processing Uses 4 - Recreational Uses 5 - Agriculture - Group 1 6 - Agriculture - Support Uses 7 - Agriculture - Group 2 8 - Conservation, Restoration and Natural Resources b. Land Use Matrix Conservatio Residenti General Earth Mining Recreation Agricultur Agricultur Agricultur n, al Land CONDITIO and al Uses e Group 1 e - e Group 2 Restoration Uses NAL USES Processing Support and Natural Uses Uses Resources Single- Family care Excavation, Golf Crop Farm labor Unimprove Wildlife family facilities (P) extraction or courses raising; housing d pasture management, dwelling, earthmining and/or golf horticultur (A) and plant and incl. and related driving e; fruit and grazing, wildlife Mobile processing ranges (CU) nut forestry conservancie home (P) and production (P) s, refuges production , groves; and (CU) nurseries; sanctuaries improved (P) pasture (P) Mobile Collection Asphaltic and Sports Animal Retail sale Ranching; Water homes and transfer concrete instructional breeding of fresh, livestock management, [(P) in MH sites for batch making schools and (other than unprocess raising (P) groundwater Overlay; resource plants (CU) camps (CU) livestock), ed recharge (P) (A) as recovery raising, agricultural temporary (CU) training, products; use] stabling or grown kenneling primarily (P) on the property (A) Private Veterinary Sporting Dairying, Retail Hunting Restoration, boathouse clinic (CU) and beekeepin plant cabins mitigation (P) s and recreational g; poultry nurseries (CU) docks on camps (CU) and egg (CU) lake, canal production or , milk waterway production lots (A) (P) Recreation Child care Aquacultur Packingho Cultural, Water supply, al facilities centers and e for use or educationa wellfields (P); intearal to adult day native similar I, or oil and aas Page 167 of 247 '- .- ,~,_.~ residential care centers species agricultural recreation exploration DEVELOP (P) and processing al facilities (P) MENT, non-native of farm and their e.g., golf species products related course, (CU) produced modes of clubhouse, on the transportin community property g center (A) participant BUILDING s, viewers and tennis or patrons; facilities, .. tour parks, operations playgroun , such as, ds and but not playfields limited to (A) airboats, swamp buggies, horses and similar modes of transportat ion (CU) Guesthous Zoo, The Sawmills Excavation Boardwalks, es (A) aquarium, commercia (CU) and nature trails aviary, I related (P) botanical production processing garden, or , raising or incidental other similar breeding to Ag(A) uses (CU) or exotic animals (CU) Churches Wholesale Natural and other reptile resources not places of breeding otherwise worship and raising listed (P) (CU) - non- venomous (P) and venomous (CU) Communica Essential tions towers services (P (P)(CU) and CU) Social and Oil and gas fraternal field organization DEVELOPM s (CU) ENT and production (CU) Private landing strips for general aviation (CU) Page 168 of 247 Cemeteries (CU) Schools (CU) Group care facilities, ALF lCU) Uses as listed in LOG- Rural Agricultural District (P) PRINCIPAL USE, (a) ACCESSORY USE, (CU) ,CONDITIONAL USE 5, Matrix Calculation. The maximum number of credits generated through designation as an SSA is established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each Land Use Layer, thereby establishing a credit value for each acre in the Overlay, weighted by the quality of its natural resources, As Land Use Layers are removed, the sum of the percentages of those Layers removed is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by each acre being designated as an SSA. " I C. SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuaht to the regulations of this Section, An SSA Application Package shall include the following: 1. SSA Designation Application. A landowner or his/her agent, hereafter "APPLICANT," shall submit a request for the designation of SSA for lands within the RLSA District to the County Manager or his designee, on an approved application form. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee, An application fee shall accompany the application. 3, Natural Resource Index Assessment. The APPLICANT shall prepare and submit as part of the SSA Designation Application a report entitled Natural Resource Index Assessment that documents the Natural Resource Index Value scores, The Assessment shall include a summary analysis that quantifies the number of acres by Index Values, the level of conservation being proposed, and the resulting number of Credits being generated. The Assessment shall: a, Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery, agency-approved mapping, or other documentation, as verified by field inspections, Page 169 of 247 .w~ -,"-.. - b, if this Assessment establishes that the Index Value scores assigned during the RLSA Study are no longer valid, document the Index Value of the land as of the date of the SSA Designation Application, c, Establish the suggested "Restoration Potential" Index Value for any acres as appropriate and provide evidence/documentation supporting the suggested Index Value; d. Quantify the acreage of agricultural lands, by type, being preserved; e. Quantify the acreage of non-agricultural acreage, by type, being preserved; f, Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than 1.2; and g, Quantify all lands, by type, being designated as SSA within the ACSC, if any. 4, Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: a. Legal description, including sketch or survey; b. Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc" being put into the SSA; c, RLSA Overlay Map delineating the area of the RLSA District being designated as an SSA; d. Aerial photograph(s) having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable, delineating the area being designated as an SSA; e, Natural Resource Index Map of area being designated as an SSA; f. FOOT Florida Land Use Cover and Forms Classification System (FLUCCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable; g, Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish Wildlife Conservation Commission, and Florida Natural Areas Inventory, delineating the area being designated as an SSA; Page 170 of 247 h, United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) Soils map(s) delineating the area being designated as an SSA; i. Documentation to support a change in the related. Natural Resource Index Value(s), if appropriate; and j, Calculations that quantify the number of acres by Index Values, the level of conserv,~tion being offered, and the resulting number of credits being generated. 5, SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a landowner and the County shall contain the following: a. The number of acres, and a legal description of all lands subject to the SSA Credit Agreement; b. A map or plan (drawn at a scale of 1"= 500') of the land subject to the agreement which depicts any lands designated PSAs, HSAs, or WRAs and the acreage of lands so designated; \ c, A narrative description of all land uses, including CONDITIONAL USES, if any, that shall be removed from the land upon approval of the SSA Credit Agreement; d, Calculations that support the total number of SSA credits that result from the Natural Resource Index Assessment; e, A copy of the Stewardship EASEMENT, (or deed if a fee simple transfer is proposed) applicable to the land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA Credit Agreement; f, Land management measures; g, Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in DENSITY or any additional uses beyond those specified in the SSA Credit Agreement on the land; h, Provisions requiring that, upon designation of land within either an FSA or an HSA as an SSA, the owner shall not thereafter seek or request, and the County shall not thereafter grant or approve any expansion or conversion of agricultural land uses in violation of sections 4.08.06 A.2 and A.3,; i. Provisions regarding and ensuring the enforceability of the SSA Credit Agreement; and Page 171 of 247 .. j. If applicable, the number of credits to be granted for restoration (Restoration Credits), together with the following information: (1) A legal description of lands to be designated for restoration; (2) A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but which the APPLICANT makes no commitment to undertake restoration, identified as Restoration I ("R I"); and the lands dedicated for restoration and for which the APPLICANT has committed to carry out the restoration identified as Restoration /I ("R /I"); (3) The number of Restoration Credits to be granted for the lands designated R I and R II; (4) A Restoration Analysis and Report, which shall include a written evaluation of the restoration area's existing ecological/habitat value and the necessary restoration efforts required to reestablish original conditions; enhance the functionality of WETLANDS or wildlife habitat; or remove exotics so as to enhance the continued viability of NATIVE VEGETATION and WETLANDS; and I I (5) When the restoration is to be undertaken by' the APPLICANT, a Restoration Plan that addresses, at a minimum, the following elements: (a) Restoration goals or species potentially affected; (b) Description of the work to be performed; (c) Identification of the entity responsible for performing the work; (d) Work Schedule; (e) Success Criteria; and (f) Annual management, maintenance and monitoring, 6, Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. 7, Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits of the SSA Credit Agreement as attachments: a, The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land; b, The Stewardship EASEMENT Agreement on the SSA lands, describing the land uses remaining on the land; Page 172 of 247 c, A summary of the Restoration Plan, if restoration is to be undertaken by the APPLICANT, to include the elements set forth in Section 4,08,04 C.5, 8. Stewardship EASEMENT Agreement or Deed, The APPLICANT shall prepare and submit a Stewardship EASEMENT Agreement in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency," . a, The Agreement shall' impose a restrictive covenant or grant a perpetual restrictive EASEMENT that shall be recorded for each SSA, shall run with the land and shall be in favor of Collier County and one or more of the following: Florida DEP, Florida Department of Agriculture and Consumer Services, SFWMD, or a recognized land trust. b, The Stewardship EASEMENT Agreement shall identify the specific land management measures that will be undertaken and the party responsible for such measures. c. In the event that the land being designated as an SSA is being transferred to a conservation entity by fee simple title, a deed shall be submitted in lieu of the Stewardship EASEMENT Agreement. D. SSA Application Review Process 1. Pre-application Conference with County Staff. Prior to the submission of a formal application for SSA designation, the APPLICANT shall attend a pre-application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials, If an SRA designation application is to be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre- application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SSA with the goals, objectives, and policies of the GMP; b, Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the property; c. Identification of the recognized entity to be named in the covenant or perpetual restrictive EASEMENT, and; d. Identification of the proposed land management measures that will be undertaken and the party responsible for such measures. 2. Application Package Submittal and Processing Fees, The required number of copies of each SSA Application and the associated processing fee shall be submitted to the County Manager or his Page 173 of 247 --- ----~~".- .-.-<< designee. The contents of said application package shall be in accordance with Section 4.08,06 C, 3. Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA Application, the County Manager or his designee shall advise the APPLICANT in writing that the application is complete and sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the APPLICANT shall submit additional information, Within tEm (10) working days of-, receipt of the additional information, the County Manager or his designee shall advise the APPLICANT in writing that the application is complete, or, if additional or revised information is required, the County manager shall again inform the APPLICANT what information is needed, and the timeframe outlined herein shall occur until the application is found sufficient for review, 4, Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the County Manager or his designee will distribute it to specific County staff for their review. 5, Designation Review. Within sixty (60) days of receipt ~f a sufficient application, county staff shall review the submittal documents and provide written comments, questions, and clarification items to the APPLICANT. If deemed necessary by county staff or the APPLICANT, a meeting shall be held to resolve outstanding issues and confirm public hearing dates. 6. Designation 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 written agreement by the APPLICANT, E. SSA Application Approval Process 1, Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to consider the Application and proposed SSA Credit Agreement shall be given at least fifteen (15) days prior to said hearing by publication in a newspaper of general circulation in the County. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed resolution, and the place or places within the County where the proposed resolution and agreement may be inspected by the public. The notice shall provide a general description and a map or sketch of the affected land and shall advise that interested parties may appear at the Page 174 of 247 meeting and be heard with respect to the proposed resolution, The BCC shall review the staff report and recommendations and, if it finds that all requirements for designation have been met, shall, by resolution, approve the application, If it finds that one or more of the requirements for designation have not been met; it shall either deny the application or approve it with conditions mandating compliance with all unmet requirements. Approval of such resolution shall require ar:najority vote by the BCC. 2. Legal Description, Following the BCC's approval of the SSA Application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA cred its granted, and the Stewardship EASEMENT applicable to such lands, shall be provided to the Collier County Property Appraiser and the APPLICANT, and shall be recorded within thirty (30) days by the APPLICANT in the public records, 3. Update the RLSA Overlay Map and Official Zoning Atlas. The Official Zoning Atlas shall be updated to reflect the designation of the SSA, Sufficient information shall be included on the updated zoning maps so as to direct interested parties to the appropriate public records associated with the designation, including but not limited to Resolution number and SSA Designation Application number. The RLSA Overlay Map shall be updated to reflect the SSA designation during a regular growth management cycle no later that twelve months from the effective date of the SSA Agreement. F. SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the designation of an SSA. Amendment(s) to approved SSAs shall only be considered if the application removes one or more additional Land Use Layers from the existing SSA. Under no circumstances shall Land Use Layers, once removed as part of an SSA designation, be added back to the SSA. The application to amend the SSA may be submitted as part of an application to designate a new SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership. 4.08.07 SRA Designation SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage DEVELOPMENT that utilizes creative land use planning techniques and facilitates a compact form of DEVELOPMENT to accommodate population growth by the establishment of SRAs, Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. DENSITY and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the Page 175 of 247 ,,-- provisions of the Stewardship Credit System, the AffORDABLE HOUSING DENSITY Bonus as referenced in the DENSITY Rating System of the FLUE, and the DENSITY and intensity blending provision of the Immokalee Area Master Plan, The procedures for the establishment and transfer of Credits and SRA designation are set forth herein, Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein, Land becomes designated as an SRA on th~., date that the SRA Credit Agreement becomes effective pursuant to Section 4,08,05 0.11, Any change in the RESIDENTIAL DENSITY or non-residential intensity of' land use on a PARCEL of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the PARCEL of land, A. Lands Within the RLSA District that can be Designated as SRAs, All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within ~uch SRA, subject to all necessary permitting requirements. 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay, a. An SRA must contain sufficient suitable land to accommodate the planned DEVELOPMENT, b. Residential, commercial, manufacturing/light industrial, GROUP HOUSING, and transient housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. c, CONDITIONAL USE ESSENTIAL SERVICES and governmental ESSENTIAL SERVICES, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural Resource Index value of greater than 1,2, regardless of the size of the land or PARCEL. d. Lands or PARCELS that are greater than one acre and have an Index Value greater than 1,2 shall be retained as OPEN SPACE and maintained in a predominantly natural vegetated state. e. OPEN SPACE shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres, Gross acreage Page 176 of 247 includes only that area of DEVELOPMENT within the SRA that requires the consumption of Stewardship Credits. f. As an incentive to encourage OPEN SPACE, OPEN SPACE on lands within an SRA located outside of the ACSC that ,exceeds the required thirty-five percent retained OPEN SPACE shall not be required to consume Stewardship Credits. g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall BUffER such areas as described in Section 4,08.05(J)(6). An SRA may be contiguous to, or encompass a WRA. h, The SRA must have either direct ACCESS to a County COLLECTOR or ARTERIAL ROAD or indirect ACCESS via a road provided by the developer that has adequate capacity to accommodate the proposed DEVELOPMENT in accordance with accepted transportation planning standards. 2, SRAs Within the ACSC. SRAs are permitted within the ACSC subject to limitations on the number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall also be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC, No early entry BONUS CREDITS can be used to entitle an SRA within the ACSC. a. The only forms of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only forms of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided, however, two SRAs, consisting of any combination of Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shall be allowed in areas that have a FRONT AGE on State Road 29 and that, as of the effective date of the RLSA Overlay, had been predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or Processing Uses (Layer 3). b, The Town form of an SRA shall not be located within the ACSC, 8, Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein, Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre Page 177 of 247 . ,,~ -. -"--_.~.. -- basis, as described in Section 4.08,05 B.2. Stewardship DENSITY and intensity will thereafter differ from the Baseline Standards, 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. a. Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from an SSA within the ACSC 'can be used to entitle such SRA. No early entry BONUS CREDITS can be used to entitle an SRA within the ACSC, b. Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and standards set forth herein, c. Stewardship Credits may be transferred between different PARCELS or within a single PARCEL, subject to compliance with all applicable provisions of these policies. Residential CLUSTERING shall only occur within the RLSA District through the use of the Stewardship Credit System, and other forms of residential CLUSTERING shall not be permitted. d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the limitations contained in this Section, e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 4,08,01, and transferred to an SRA subject to the limitations contained in this Section, 2, Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross acre. Lands within an SRA greater than one acre, with Index Values of greater than 1,2, shall be retained as OPEN SPACE and maintained in a predominantly natural, vegetated state, Any such lands within an SRA located outside of the ACSC exceeding the required thirty-five (35) percent shall not be required to consume Stewardship Credits. 3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use shall not be required to consume Stewardship Credits and shall not count toward the maximum acreage limits of an SRA. For the purpose of this Section, public benefit uses are limited to public schools (preK-12) and public or private post secondary institutions, Post Secondary Institution Ancillary Uses, community parks exceeding the minimum requirement of 200 square feet per DWELLING UNIT, municipal golf courses, regional Page 178 of 247 parks, and governmental facilities excluding ESSENTIAL SERVICES as defined in the LDC. 4, Mixed Land Use Entitlements, In order to promote compact, mixed use DEVELOPMENT and provide the necessary support facilities and services to residents of rural areas, the SRA designation and the transfer of the Stewardship Credits allows for a full range of uses, ACCESSORY USES and associated uses that provide a mix of services to and are supportive to the residential population of an SRA and the RLSA District. SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7,1, 4.7.2, 4,7.3, 4,7.4 and RLSA Overlay Attachment C. Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses, C. Forms of SRA DEVELOPMENTS. SRA DEVELOPMENTS are a compact form of DEVELOPMENT, which accommodate and promote uses that utilize creative land use planning techniques, SRAs shall be used to facilitate the implementation of innovative planning and flexible DEVELOPMENT strategies described in 9 163.3177 (11), F,S. and Rule 9J-5,006(5)(1), F.A.C. These planning strategies and techniques are intended to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl, protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and, providing for the cost-efficient delivery of public facilities and services. Only the following four specific forms of rural DEVELOPMENT in SRAs are permitted within the RLSA District. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support DEVELOPMENT that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed- use town center that will serve as a focal point for community facilities and support services. T owns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected SIDEWALK and PATHWAY system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of, 200 square feet per DWELLING UNIT in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in Paoe 179 of 247 -~~~--~ a ratio as provided in Section 4.08.05 J.1, Towns may also include those compatible corporate office and light INDUSTRIAL USES as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located ADJACENT to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2, Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use VILLAGE CENTER to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected SIDEWALK and PATHWAY system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 4,08,05 J,1, Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located ADJACENT to each other to allow for the sharing of recreational facilities, The Village form of rural land DEVELOPMENT is permitted within the ACSC subject to the limitations of Section 4,08.05 A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services, Hamlets shall be not less than 40 or more than 100 acres, Hamlets will serve as a more compact alternative to traditional five-acre LOT rural subsections currently allowed in the Baseline Standards, Hamlets shall have a public green space for neighborhoods, Hamlets include convenience retail uses, in a ratio as provided in Section 4,08.05 J.1, Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rural land DEVELOPMENT is permitted within the ACSC subject to the limitations of Section 4,08.05 A.2. 4. Compact Rural DEVELOPMENTS (CRDs), Compact Rural DEVELOPMENT (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required' to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Page 180 of 247 Section 4,08,05 J.1, based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required, However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 4.08,05 C.2. or 3~ a. Size of CRDs limited: There shall be no more than five (5) CRDs of more than 100 acres in size. b, CRDs within the ACSC. The CRD form of rural land DEVELOPMENT is permitted within the ACSC subject to the limitations of Section 4.08.05 A.2. 5, Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than five (5) of any combination of Hamlets and CRDs of 100 acres of less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five (5) of any combination of Harhlets and CRDs of 100 acres of less may approved for each subsequent Village or Town approved. 6. SRAs as Part of a DEVELOPMENT of Regional Impact (DRI), SRAs are permitted as part of a DRI subject to the provisions of ~ 380.06, F.S. and the RLSA District Regulations. a.An SRA Designation Application may be submitted simultaneously with a Preliminary DEVELOPMENT AGREEMENT application that occurs prior to a DRI Application for DEVELOPMENT Approval (ADA). In such an application, the form of SRA DEVELOPMENT shall be determined by the characteristics of the DRI project, as described in the PDA. b, The DRI may encompass more than a single SRA Designation Application. It is the intent of this Section to allow for the future designations of SRAs within a DRI as demonstrated by the DRI phasing schedule. c, A DRI APPLICANT is required to demonstrate that: (1) The APPLICANT has the necessary Stewardship Credits to entitle the DRI as part of subsequent SRA Designation Applications, or (2) The APPLICANT owns or has a contract with an owner of enough land that would qualify as SSAs to entitle the DRI as part of subsequent SRA Designation Applications, or has the ability to obtain the necessary Stewardship Credits to entitle Page 181 of 247 the entire DRI as part of subsequent SRA Designation Applications, 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 follow: 1. SRA Designation Application, An application shall be submitted by a landowner or his/her .a'gent, hereafter "APPLICANT," to request the designation of an SRA within the RLSA District. The Application shall be submitted to the County manager or his designee, on a form provided. The application shall be accompanied by the documentation as required by this Section, 2. Application Fee, An application fee shall accompany the application. 3, Natural Resource Index Assessment. An assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application, The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: a. Identify all lands within the proposed SRA that have an Index Value greater than 1.2; b, Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field inspections. c. If the Index Value scores assigned during the RLSA Study are no longer valid, document the current Index Value of the land. d. Quantify the acreage of agricultural lands, by type, being converted; e.Quantify the acreage of non-agricultural acreage, by type, being converted; f. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than 1,2; g. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any; and h, Demonstrate compliance with the Suitability Criteria contained in Section 4,08,05 A.1, 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: Page 182 of 247 a. Legal Description, including sketch or survey; b, Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any) within SRA boundary but not included in SRA designation; c, RLSA Overlay Map delineating the area of the RLSA District being designated as an SRA; d, Aerial photograph delineating the area being designated as an SRA; e. Natural Resource Index Map of area being designated as an SRA; f. FLUCCS map(s) delineating the area being designated as an SRA; g. Listed species map(s) delineating the area being designated as an SRA; h, Soils map(s) delineating the area being designated as an SRA, and; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate, 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the APPLICANT as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 4,08,05 G, 6. SRA DEVELOPMENT Document. A DEVELOPMENT Document shall be prepared and submitted by the APPLICANT as part of the SRA Application for Designation of an SRA. The SRA DEVELOPMENT Document shall be consistent with the requirements of Section 4.08.05 H, 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 a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 4.08.05 K. 8. SRA Economic Assessment Report, An Economic Assessment Report shall be prepared and submitted by the APPLICANT as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 4,08.05 L. 9, Stewardship Credit Use and Reconciliation Application, A Credit Use and Reconciliation Application shall be submitted as part of an SRA Designation Application in order to track the transfer of credits from SSA(s) to SRA(s). The Stewardship Credit Use and Page 183 of 247 Reconciliation Application shall be in a form provided by the County Manager, or his designee. The application package shall contain the following: a, The legal description of, or descriptive reference to, the SRA to which the Stewardship Credits are being transferred; b, Total number of acres within the proposed SRA and the total number of acres of the,proposed SRA within the ACSC (if any); c, Number of acres withir:'!, the SRA designated "public use" that do not require the redemption of Stewardship Credits in order to be entitled (does not consume credits); d, Number of acres of "excess" OPEN SPACES within the SRA that do not require the consumption of credits; e. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation; f, Number of acres within the SRA that consume Credits; g, The number of Stewardship Credits being transferred (consumed by) to the SRA and documentation that the APPLICANT has acquired or has a contractual right to acquire those Stewardship Credits; h. Number of acres to which credits are to be transferred (consumed) multiplied by eight (8) Credits / acre equals the number of Credits to be transferred (consumed); i. A descriptive reference to one (1) or more approved or pending SSA Designation Applications from which the Stewardship Credits are being obtained. Copies of the reference documents, e.g" SSA Stewardship Credit Agreement, etc., shall be provided, including: (1) SSA application number; (2) Pending companion SRA application number; (3) SSA Designation Resolution (or Resolution Number); (4) SSA Credit Agreement (Stewardship Agreement); (5) Stewardship Credits Database Report. j, A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained; and k. A summary table in a form provided by Collier County that identifies the exchange of all Stewardship Credits that involve the SRA and all of the associated SSAs from which the Stewardship Credits are being obtained, Page 184 of 247 10, Conditional SRA Designation, If at the time of the approval of the SRA Designation Application, the APPLICANT has not acquired the number of credits needed to entitle the SRA, then the SRA Designation approval shall be conditional. The APPLICANT shall have sixty (60) days from the date of the conditional approval to provide documentation of the acquisition of the required number of Stewardship Credits. If the APPLICANT does not provide such documentation within ~ixty (60) days, the conditional SRA Designation approval shall be null and void. The Stewardship Credit Use and Reconciliation Application shall. be amended to accurately reflect the transfer of credits that occurred following the conditional approval of the SRA. 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. (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 leaseable area of retail and office square footage and other land uses depicted on the master plan; (4) A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said credits; (5) The APPLICANT'S acknowledgement that DEVELOPMENT of SRA land may not commence until the APPLICANT has recorded an SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and (6) The APPLICANT'S commitments, if any, regarding conservation, or any other restriction on DEVELOPMENT on any lands, including WETLANDS, within the SRA, as may be depicted on the SRA Master Plan for special treatment. c, The SRA Credit Agreement shall be effective on the latest of the following dates: (1) The date that the County approves the SRA Application; Page 185 of 247 - . -------..---. (2) The date that documentation of the APPLICANT'S acquisition of the Stewardship Credits to be utilized for the SRA is found by the County to be sufficient; or (3) Five (5) working days after the date on which the APPLICANT submits documentation of the acquisition of the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to that date. d. Following approval of' the SRA Application, the APPLICANT shall record a SRA Credit Agreement Memorandum, which shall include the following: (1) A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the SSA lands from which the credits being utilized are generated and identification of the number of credits derived from each SSA; and (2) a legal description of the SRA lands. e. If the DEVELOPMENT provided for within an SRA constitutes, or will constitute, a DEVELOPMENT of regional impact ("DRI") pursuant to ~ 380.06 and 380,0651, F.S., and if! the APPLICANT has obtained a preliminary DEVELOPMENT AGREEMENT ("PDA") from the Florida Department of Community Affairs for a portion of the SRA land, the APPLICANT may request the County to enter into a Preliminary SRA Credit Agreement for those Stewardship Credits needed in order to develop the PDA authorized DEVELOPMENT, Commencement of the PDA authorized DEVELOPMENT may not proceed until the APPLICANT has recorded a Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary SRA Credit Agreement shall include the same information and documentation as is required for an SRA Credit Agreement and an SRA Credit Agreement Memorandum, E. SRA Application Review Process 1, Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the APPLICANT shall attend a pre-application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required, This pre- application conference should address, but not be limited to, such matters as: Page 186 of 247 a, Conformity of the proposed SRA with the goals, objectives, and policies of the GMP; b, Consideration of suitability criteria described in Section 4.08.05 A.1, and other standards of this Section; c, SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands; d, Assurance that APPLICANT has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses, and; e, Consideration of impacts, including environmental and public infrastructure impacts, 2, Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee, The contents of said application package shall be in accordance with Section 4.08,05 0, 3, Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA Application, the County manager or his designee shall notify the APPLICANT in writing that the application is deemed sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the APPLICANT shall submit additional information, Within twenty (20) days of receipt of the additional information, the County Manager or his designee shall notify the APPLICANT in writing that the application is deemed sufficient, or, what additional or revised information is required, If necessary, the County Manager shall again inform the APPLICANT in writing of information needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4, Review by County Reviewing Agencies: Once the SRA application is deemed sufficient, the County Manager or his designee will distribute it to specific County review staff. 5, Staff Review, Within sixty (60) days of receipt of a sufficient application, County staff shall review the submittal documents and provide comments, questions, and clarification items to the APPLICANT, If deemed necessary by County staff or the APPLICANT, a meeting shall be held to address outstanding issues and confirm public hearing dates. 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, Page 187 of 247 approval with conditions or denial. This timeframe may be extended upon agreement of County staff and the APPLICANT, 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 t~e SRA Application only after advertised public notices have been provided and public hearings held in accordance with the follo'wing provisions: a, Public Hearing Before the EAC, Recommendation to the BCC, The EAC shall hold one (1) public hearing on a proposed resolution to designate an 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 hearing before the CCPC on the proposed resolution shall include a general description and a map or 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 hold one (1) advertised public hearing on the proposed resolution to designate an SRA. A public notice, which shall include a general description and a map or sketch, shall be given to the citizens of Collier County by publication in a newspaper of general circulation in the County at least ten (10) days prior to the hearing of the BCC. The advertised public notice of the proposed adoption of the resolution shall, in addition, contain the date, time and place of the hearing, the title of the proposed resolution and the place within the County where such proposed resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the hearing and be heard with respect to the proposed resolution, 2, Update Stewardship Credits Database, Following the effective date of the approval of the SRA, the County shall update the Stewardship Credits Database used to track both SSA credits generated and SRA credits consumed, 3, Update the Official Zoning Atlas and the RLSA Overlay Map, Following the effective date of the approval of the SRA, the County shall update the Official Zoning Atlas to reflect the designation of the SRA. Sufficient information shall be included on the updated maps so as to direct interested parties to the appropriate public Page 188 of 247 records associated with the designation, e.g., Resolution number, SRA Designation Application number, etc. The RLSA Overlay Map shall be updated to reflect the SRA designation during a regular GMP amendment cycle, no later than twelve months from the effective date of the SRA Credit Agreement. 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. 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 DEVELOPMENT Document upon written request 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; Page 189 of 247 .'..-------. (b) Intemal 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, c. 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 DEVELOPMENT 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. G. Master Plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable GMP policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs, and Conservation Lands on the RLSA Overlay Map. 1. Master Plan Requirements. A master plan shall accompany an SRA Designation Application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and Conservation Lands on the RSLA Overlay Map. The plan shall be designed by an urban planner who possesses an AICP certification, together with at least one of the following: a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. a qualified environmental consultant per Chapter 10 of the LDC; or c. a practicing architect licensed by the State of Florida. 2. Master Plan Content. At a minimum, the master plan shall include the following elements: a. The title of the project and name of the developer; b. Scale, date, north arrow; c. Location map that identifies the relationship of the SRA to the entire RLSA District, including other designated SRAs; Page 190 of 247 d. Boundaries of the subject property, all existing roadways within and ADJACENT to the site, watercourses, EASEMENTS, section lines, and other important physical features within and adjoining the proposed DEVELOPMENT; e. Identification of all proposed tracts or increments within the SRA such as, but not limited to: residential, commercial, industrial, institutional, conservation/ preservation, lakes and/or other water management facilities, the location and function of all areas proposed for dedication or to be reserved for community and/or public use, and areas proposed for recreational uses including golf courses and related facilities; f. Identification, location and quantification of all WETLAND preservation, BUFFER areas, and OPEN SPACE areas; g. The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility provisions; h. The location of all proposed major internal rights of way and pedestrian ACCESS ways; i. Typical cross sections for all ARTERIAL, COLLECTOR, and local STREETS, public or private, within the proposed SRA; j. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the SRA; and k. Documentation or attestation of professional credentials of individuals preparing the master plan. H. DEVELOPMENT Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a DEVELOPMENT 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. 1. The document shall be prepared by an urban planner who possesses an AICP certification, together with at least one of the following: a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. a qualified environmental consultant per Chapter 10 of the LDC or c. a practicing landscape architect licensed by the State of Florida. 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: Page 191 of 247 --.- a. Title page to include name of project; b. Index/table of contents; c. List of exhibits; d. Statement of compliance with the RSLA Overlay and the RLSA District Regulations; e. General location map showing the location of the site within the boundaries of the RLSA Overlay Map and in relation to other designated SRAs and such external facilities as highways; f. Property ownership and general description of site (including statement of unified ownership); g. Description of project DEVELOPMENT; h. Legal description of the SRA boundary, and for any WRAs encompassed by the SRA; i. The overall acreage of the SRA that requires the consumption of Stewardship Credits and proposed GROSS DENSITY for the SRA; j. Identification of all proposed land uses within each tract or increment describing: acreage; proposed number of DWELLING UNITS; proposed DENSITY and percentage of the total DEVELOPMENT represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable FLOOR AREA within the individual tracts or increments; 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 4.08.05 J.; I. All proposed variations or deviations from the requirements of the LDC, including justification and alternatives proposed; m.The proposed schedule of DEVELOPMENT, and the sequence of phasing or incremental DEVELOPMENT within the SRA, if applicable; n. A Natural Resource Index Assessment as required in Section 4.08.04 C.3.; o. The location and nature of all existing or proposed public facilities (or sites), such as schools, parks, FIRE STATIONS and the like; p. A plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; q. Typical cross sections for all ARTERIAL, collector, and local STREETS, public or private, within the proposed SRA; Page 192 of 247 r. Agreements, provisions, or covenants, which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities; s. DEVELOPMENT commitments for all infrastructure; t. When determined necessary to adequately assess the COMPATABILITY 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 credentia.ls of individuals preparing the DEVELOPMENT document. I. DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA Designation Application. The DRI master plan shall identify the location of the SRA being designated, and any previQusly designated SRAs within the DRI. I I 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 ~~ 163.31 n (11), F.S. and Chapter 9J-5.006(5)(1), 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 Bonus as referenced in the DENSITY Rating System of the FLUE. 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 Goals Objectives 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. Page 193 of 247 '"-...-.. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart Typical Town. Village Hamlet Compact Rural Characteristi DEVELOPMENT cs Size (Gross 1 ,000-4,000 100-1,000 acres 40-100 acres.. 100 Acres or Greater than Acres) acres less .. 100 Acres.. Residential 1-4 DUs per 1-4 DUs per gross ~-2 DUs per gross ~-2 Dus per 1-4 Dus per Units (DUs) gross acre." acre." acre ... gross acre". gross acre." per gross acre base DENSITY Residential Full range of Diversity of single Single Family and Single family Single family Housing single family family and multi- limited multi-family and limited and limited Styles and multi-family family housing multi-family.... multi-family".. housing types, types, styles, lot stYles, lot sizes sizes Maximum Retail & Office - Retail & Office - .5 Retail & Office - .5 Retail & Office Retail & Office FLOOR .5 Civic/GovernmentaV Civic/GovernmentaVI - .5 - .5 AREA Civic/Governme Institution - .6 nstitution - .6 Civic/Governm Civic/Governm RATIO or ntal/lnstitution - Group Housing - .45 Group Housing - .45 entaVlnstitutio ental/Institution Intensity .6 Transient Lodging- Transient Lodging - n -.6 - .6 Manufacturing/L 26 upa net 26 upa net Group Group Housing ight Industrial - Housing - .45 - .45 .45 Transient Transient Group Housing Lodging - 26 Lodging - 26 - .45 upa net upa net Transient Lodging - 26 upa net Town Center VILLAGE CENTER Convenience Goods Convenience VILLAGE with Community with Neighborhood and Services: Goods and CENTER with and Goods and Services Minimum 10 SF Services: Neighborhood Goods and Neighborhood in VILLAGE gross BUILDING Minimum 10 Goods and Services Goods and CENTERs: area per DU SF gross Services in Services in Minimum 25 SF BUILDING VILLAGE Town and gross BUILDING area per DU CENTERs: VILLAGE area per DU Minimum 25 CENTERs: SF gross Minimum 65 SF BUILDING gross area per DU BUILDING area per DU; Corporate Office, Manufacturing and Light Industrial Page 194 of 247 Water and Centralized or Centralized or Individual Well and Individual Well Centralized or Wastewater decentralized decentralized Septic System: and Septic decentralized community community Centralized or System: community treatment treatment system decentralized Centralized or treatment system Interim Well and community treatment decentralized system Interim Well and Septic system community Interim Well Septic treatment and Septic system Recreation Community Parks & Public '" ' Public Green Spaces Public Green Parks & Public and Open Parks (200 Green Spaces with for Neighborhoods Spaces for Green Spaces Spaces SF/DU) Neighborhoods (Minimum 1 % of Neighborhood with Parks & Public gross acres) s (Minimum Neighborhood Green Spaces Active 1 % of gross s with Recreation/Golf acres) Neighborhoods Courses Active Recreation/Gol Active Lakes f Courses Recreation/Golf Open Space Courses Minimum 35% of Lakes Lakes SRA Open Space Open Space Minimum 35% Minimum 35% , of SRA of SRA i Civic, Wide Range of Moderate Range of Limited Services Limited \ Moderate Government Services - Services - minimum Services Range of and minimum 15 10 SF/DU; Pre-K through Services - Institutional SF/DU Elementary Schools Pre-K through minimum 10 Services Full Range of Elementary SF/DU; Full Range of Schools Schools Schools Full Range of Schools Transportatio Auto - Auto - Auto - Auto - Auto - n interconnected interconnected interconnected interconnected interconnected system of system of collector system of local roads system of local system of collector and and local roads; roads collector and local roads; required connection Pedestrian Pathways local roads; required to collector or Pedestrian required connection to arterial Equestrian Trails Pathways connection to collector or collector or arterial Interconnected Equestrian arterial sidewalk and Trails Interconnected pathway system Interconnected sidewalk and Equestrian Trails sidewalk and pathway system County Transit pathway County Transit ACCESS system ACCESS Equestrian Trails County Transit ACCESS *- Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and Policies. ** - Villages, Hamlets, and Compact Rural DEVELOPMENTS within the ACSC are subject to location and size limitations, per policy 4.20, and are subject to Chapter 28-25, FAC. Page 195 of 247 .,,"- ----.- *** - DENSITY can be increased beyond the BASE DENSITY through the AFFORDABLE HOUSING DENSITY Bonus or through the DENSITY blending provision, per policy 4.7 **** - Those CADs that include single or multi-family residential uses shall include proportionate support services. Underlined uses are not required uses. 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. I I (1) Figure 1: Town Core/Center. lj&' (MIN.' RoD.II'. 38' ,. Ill' 1ll' RITA! L 1'WW.l.fl. -.-n. LAN[ lMI[L LAN[ RETAL _NG Page 196 of 247 (2) Figure 2: Town Core/Center. 0IfIC[/ -- IlEJII. IIETIII. (LOCAL STREET) TOWN CORE/CENTER FIGURE 2 ..T.I. (3) Figure 3: ALLEY: Town Core/Center. Page 197 of 247 ,--- -- -~.. ...u~__._ CDMMEIlICIIlL BULDING CONt4ERCIllL eua.olnG ~ 11', , ... AlIf'tW.T 01( JI"ICK f'IIKR ~ '.. :', : . " I .........,. ~... ".1.: . ...... :: :_;.. .~:., '",:. ALLEY TOWN CORE/CENTER FIGURE 3 NoT .s. I I I (4) Figure 4: Town Core/Center ~r' R.l1.W. 14' (NIN.) R,O.W. .1 .. 22'= 10' 10' 22'::1: PIAV. lM1D.. LME lRJ9.oe. LME F'I.AlA I I I I (LOCAL STRE ET) TOWN CORE/CENTER FIGURE 4 N.T.S. (5) Figure 5: Neighborhood General Page 198 of 247 "'-.." // I i -->_._"-">-_."_._--~ . :';r;Jt;"~.,.,,t:fl\\; ~~..,.,.lr~;:::., .' I ];J , ~'..~'l~1~~~~': -----., I <.~-~. f}",")t;. ~~ ~ ~',~ '~;it;. ;/. '" m ~.~ ....'. ]I ~ , . . -.'1; ..,".... " :; .,' -:'~1, . .$' t!~, t. .ff ..3Wl1.... 5~' (II".) il.O.w. ,., ~ \.: ~ " .. .. .C" '" P4~.lfL "...n lANF. TltA\.f.L LU<<. P.lSKlNO . . - I ~~:~~~?~\\~;~:~~:;:;?-\\~~;a0:;(~~.:;~?4~~: I ' ., . . ,; ~ ....;" . ., _ A. ~~;k~~~\1\~~~\~~~~\~~~~~~.q;~~.~.\ ,/, \.I'.."\"'.......:~~).;.(."~:~~~5:)'~..~\..~;...':?~(:x:;:~....:'.'Y...\ ....:\/'. ........... . '\:<\"'!.~'~';t~;<.<::e\'.?4')-"\"": ." .~0~.\':."",\,~ ~.... .....}9~\..;-<.,~~~\.~~.~~,Jo;.':~.?';/... ctN.. ouno "~~:..~'~*,:,%;v"'~M'..~ /',,,\.....~\\.:\'\.,...,.. ....,.. .. (T'fPt -"-NO aMln::R'PL ~ ~-:~~..V# ->~ (LOCAL STREET) NEIGHBORHOOD GENERAL .... FIGURE 5 ", (6) Figure 6: Neighborhood General ,,) ~ ~t"~':~'<(,., ,/ 'l._'~U.:"--< , <.I:~ ,. 1fI"~' ~~;~ ~'" ,4.-- ....~~.;: ~ ... f': , - ~;).'.~ i 9 l~~> . ~.e :~. . ,;:z ~t.:' ~ ' ~ .~ R't.t ,. ,~~~ c " ~ j '!V;. " "'.'~';':~Y;T ' I :IESiI:DilW. -~>.\'(,~:I"'.j"::'~'f'.;t .;.:..~. . '.. ~ ~'nAl. ~ 1-;r ~". "::t~~;~i;!~ - -. .' --~ '0' 10' .' 'I\i;:: ~. (10..) I 11l.IW. L.\N[ Tl\AYlJ. !.Me ~iNo SJDEtiAU( -"'0 Ii I , V':'>f:~i0~i~~;'?~~~:5S;F;@~~~~'0~~\:;~~~.~;\~;;~,~*~t:i;~~~'>" ""'v \I1Iif'(; ( LOCAL STREET) NEIGHBORHCOD GENER,Il,l r1GURE 6 l'lf.S. (7) Figure 7: Neighborhood General. Page 199 of 247 ""~, -." -.,,," -"~...."- ,. Ill' Ill' _UfL 1-' WE "IMoEL1.AII[ PARKIIIC ,..... :, ~ .~. . i , (LOCAL STREET) NEICHBORHooD GENERAL FIGU RE 7 NoT .a. (8) Figure 8: Neighborhood General. ~ J;d COM1!l! 11_ RIIoRlNG trn'E ....0 WillE~"" MAT """"' (LOCAL STREET) NEIGHBORHOOD GENERAL FIGURE 8 \o1i:1llc.L __ W.....L (llfJ'91ENCf 5l1lUClUW. N.T.S. ENGINEg:fOS PI.JlNI (9) Figure 9: Neighborhood Edge. Page 200 of 247 ~,sr 3\ ~ ~ ~ ~ !it , ~ lc.;' At ~ '," . 11' TMIfl. l..INE (LOCAL STREIT) NEIGHBORHOOD EDGE FIGURE 9 1l.T.S. (10) Figure 10: Neighborhood General. ....1... Il w. Ja' IUI.W. RESIDENTIAL RESII)(NTIAL Ill' Ill" Ill' I UlIlIlY __T urtJTY I I I!AI[M[Ill _lIT I AlLEY NEIGHBORHOOD GENERAL fiGURE 10 N.T.$ (11) Figure 11: Neighborhood Edge. Page 201 of 247 1l.O..lII. 11' 'HI!:II T1lAY[L !ME PlJIN11l1G .....6'. . NOlC lNIICSCYE III ,t,UDA!IJ IN "T\lIS AREA. ClDR ZDIIE REXlUIIlENEMlI t4Ay ""1ft BiASED ON (COLLECTOR STREET) llElIlGN 3PEED Of 1111'0. NEIGHBORHOOD EDGE FIGURE 11 N.T .s. (12) Figure 12: Neighborhood Edge 51' (WIN.) II' ", 1RI'tVEl I.IWE lM'fl. lANE I I I I (COLLECTOR STREET) NEIGHBORHOOD EDGE FIGURE 12 N.T .s. (13) Figure 13: COLLECTOR STREET: Neighborhood Edge. Page 202 of 247 RD.II. IUI. .. R.Q.II. 1IMIES I _!I ...:lM 12' (NIN.) I \HIE. .. I' TO 11' "'KS U~ I-U I I . HOlt: I.ANDIlICttP[ . AU..QW;:D (COLLECTOR STREET) IN "!HIS N/EA. CUll. 21M: It[JlUUl""tIn NEIGHBORHOOD EDGE w..r ".".,. IMm 010 DDI!lN IPEIII OF IDOD. FIGURE 13 N.T.I. (14) Figure 14: Neighborhood Edge. ....... ,,"0... W.RD FROII .. I' 'lMD _ _II r'TO ,.' l-.:J (lOIN.) ..10 UI' rl_l I I I LAIE WE (COLLECTOR STREETt NEIGHBORHOOD EDG FIGURE 14 N.TA (15) Figure 15: Neighborhood Edge. Page 203 of 247 .,--,-,. .'''- ~.llJ.. R.o.w, r 1l00'II. _0 I I _SI'llClN 12"(1IIN.) I VAllES r 'I' ".10 11' 1MB PIJM~ LtNE _PE PI.NITINQ I M[A r I Z' Nl.rA '/. I 1 ~ I Mom r- I I ~ ~ I ~ ~ (COLLECTOR STREET) NEIGHBORHOOD EDGE FIGURE 15 N.T.s. (16) Figure 16: Neighborhood Edge. 1t.lI... Illl... I.D.W. I u.... \MaIm --I I .. [MIN.) .............. !l'11l1llJ ~ !l'QIIN.l, -~ .. Olkl I -- fr lU 16' ,,' ". I!I'TO 1.' - """""'" -..-x .......... ..u 11I<[ I.NIf lllMl. I.NIf I -.-, IN<< -. "'" IllI'llOIIl[ IlII'U ..-. ~ I I -... I ..... I I I ~ \ (COLLECTOR STREET) ~ \ \' NEIGHBORHOOD EDGE FIGURE 16 N.r.ll. (17) Figure 17: Neighborhood Edge. Page 204 of 247 It.O... 1.11.'1. ~ ItOM, I I 1'lNr1!!_" 1" 11' VNIDi I'ROtl 18"-5 11- tr {NI..) YMI!S I I ULD lltWEL IJH!: 11IAYEL WE _ IlIUI. ~-UlK MI1l"""f" I~ - I I I I I ~ (COL.LECTOR STREET) NEIGHBORHOOD EDGE FIGURE 17 Il.U. (18) Figure 18: Neighborhood Edge. I 1tC.ll. UUI. \11II" I IUUI. I I _'6'-' _I - 1 I~ ~ I I ~ ~I , , I / I I ., .", ........., ....., "', . ,.,," . . ...... ..." .. ..... .. . . ~ I (COLLECTOR STREET) NEIGHBORHOOD EDGE FIGURE 18 NoT,$, 2. Town Design Criteria. a. General design criteria. i. Shall be compact, pedestrian-friendly and mixed-use; ii. Shall create an interconnected STREET system designed to disperse and reduce the length of automobile trips; iii. Shall offer a range of housing types and price levels to accommodate diverse ages and incomes; Accessory DWELLING UNIT shall not count towards the total approved number of units, provided that the total number of units does Page 205 of 247 -- "'-'-~ .......-.,---. --.".. ~- not exceed the maximum DENSITY allowed by the GMP. iv. Shall include school sites that are sized and located to enable children to walk or bicycle to them; v. Shall provide a range of OPEN SPACES including neighborhood and community parks, squares and playgrounds distributed throughout the community; vi. Shall include both community and neighborhood scaled retail and office uses; vii. Shall have urban level services and infrastructure which supports DEVELOPMENT that is compact, including water management facilities and related STRUCTURES, lakes, community and NEIGHBORHOOD PARKS, trails, temporary construction, sales and administrative offices for authorized contractors and consultants, landscape and hardscape features, fill storage, and site filling and grading, which are allowed uses throughout the community. viii. Shall be designed in a progressive rural to urban continuum with the greatest DENSITY, intensity and diversity occurring within the Town Core, to the least DENSITY, intensity and diversity occurring within the Neighborhood Edge; ix. Shall provide sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and COMPATABILlTY 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. Page 206 of 247 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 no later than when the first SRA Site DEVELOPMENT ~.~AN is submitted for approval. 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 no later than when the first SRA Site DEVELOPMENT PLAN is submitted for approval. b. Transportation Network , i i. The transportation network shall provide for a Ihigh level of mobility for all residents through a design that respects the pedestrian and accommodates the automobile. ii. The transportation network shall be designed in an interconnected system of STREETS, SIDEW ALKS, and PATHWAYS. c. OPEN SPACE and Parks i. Towns shall have a minimum of 35% OPEN SPACE. ii. Towns shall have community parks that include sports fields and facilities with a minimum LEVEL OF SERVICES of 200 square feet per DWELLING UNIT in the Town. Hi. Towns shall have passive or active parks, playgrounds, public plazas or courtyards as appropriate within each Context Zone. 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. i. Town Core. The Town Core shall be the civic center of a Town. It is the most dense and diverse zone, with a full Page 207 of 247 -- 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 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. a) Uses commercial, retail, office, , - CIVIC, institutional, light industrial and manufacturing, ESSENTIAL SERVICES, residential, parks and ACCESSORY USEs. Such uses may occur in shared use BUILDINGS or single use BUILDINGS. b) The total BUILDING area within each BLOCK shall not exceed a FLOOR AREA RATIO of 3. c) Retail and offices uses per BLOCK shall not exceed a FLOOR AREA RATIO of 0.5. d) Civic uses per BLOCK shall not exceed a FLOOR AREA RATIO of 0.6. e) Light industrial and manufacturing uses per BLOCK shall not exceed a FLOOR AREA RATIO of 0.45. f) The DENSITY of transient lodging uses shall not exceed 26 DWELLING UNITS per Town Core gross acre. g) The maximum BUILDING height shall be 6 stories, excluding roofs and architectural features. h) There shall be no minimum LOT size. Page 208 of 247 i) The maximum BLOCK perimeter shall be 2500 Ft. j) Minimum SETBACKS from all property boundaries shall be 0 feet and the maximum SETBACK from the front boundary shall be 10 feet. The maximum SETBACK from the front boundary may be increased in order to create public spaces such as plazas and courtyards. k) Overhead encroachments such as awnings, balconies, arcades and the like, shall maintain a clear distance of 9 feet above the SIDEWALK and 15 feet above the STREET. I) Seating for outdoor dining shall be permitted to encroach into the public SIDEWALKS and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. m) BUILDINGS within the Town Core shall be made compatible through similar massing, volume, FRONT AGE, scale and architectural features. n) The majority of parking spaces shall be provided off-STREET in the rear of BUILDINGS, or along the side (secondary STREETS), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces. Landscape islands and tree diamonds shall have a minimum of one tree. Parking is prohibited in front of BUILDINGS, except within the RIGHT-OF-WAY. Parking STRUCTURES fronting on a primary STREET shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at GRADE, including one tree per five (5) square feet of landscaped area. Parking STRUCTURES fronting on a secondary STREET shall have a minimum ten (10) foot wide, densely landscaped area at GRADE, including one tree per 250 square feet of landscaped area or 25 linear feet on center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined Page 209 of 247 ---....- --. utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at ~~e same time. The shared parking analysis methodology will be determined and agreed upon by tha County Transportation staff and the APPLICANT during the pre-application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SRA DEVELOPMENT document. 0) STREETS shall adhere to J.1 .b. and Figures 1, 2, 3, or 4. At a minimum all proposed STREETS shall include SIDEWALKS on both sides of the STREET, parallel to the RIGHT-OF-WAY, and a five (5) foot streetscape area between the back of iCUrb and the SIDEWALK. In these areas, SIDEW!'LK protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided. STREETS shall maintain a minimum average BUILDING height to STREET width ratio of 1:1, excluding landmark BUILDINGS. p) Landscaping minimums within the Town Core shall be met by providing landscaping within parking LOTS as described, and by providing a streetscape area between the SIDEWALK and curb at a minimum of five (5) feet in width, with trees planted forty (40) feet on-center. The five-foot minimum wide of planting area may be reduced to three (3) feet if SIDEWALK protection such as root barriers, continuous tree pits, and/or structural soils are provided. The STREET tree pattem may be interrupted by architectural elements such as arcades and columns. q) General sign age standards. i) Signage design shall be carefully integrated with site and' BUILDING design to create a unified appearance for the total property. Page 210 of 247 ii) SIGNS shall be installed in a location that minimizes conflicts with windows or other architectural features of the BUILDING. iii) SIGNS which create visual Clutter or which block the view of SIGNS on ADJACENT property shall not be permitted. iv) Creativity in the design of SIGNS is encouraged in order to emphasize the unique character of the SRA. v) SIGN Area: The area of any SIGN shall be the area of a rectangle which encloses all elements of the SIGN (excluding poles and brackets) including all text and any symbols or logos. vi) Signable Area: The signable area (total of all individual SIGNS on that fa9ade or related to that FACADE) of a fa9ade facing a public STREET or a parking lot shall be limited to 20% of the total area of the fa9ade. vii) Mounting height: No part of a SIGN which projects from a BUILDING or is mounted on a pole or bracket shall be less than eight feet above the GRADE. viii) Illumination: SIGNS may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto ADJACENT properties or the public RIGHT-OF-WAY. ix) Material: SIGNS shall be constructed of durable materials suitable to the SIGN type. The long term appearance of the SIGN shall be a major consideration in the selection of materials. x) Color: The color of SIGNS shall be compatible with the colors and style of the BUILDING to which they are attached or otherwise associated. Page 211 of 247 ,--- ~--'-"^ r) The following SIGN types shall be permitted: i) Wall -A SIGN affixed directly to or painted directly on an exterior wall or fence. Maximum SIGN area - Fa<;ade width x 2.5. ii) Projecting - Any SIGN which projects from and is supported by a wall of a BUILDING with the display of the SIGN perpendicular to the BUILDING wall. Maximum SIGN area = The fa<;ade area x .05. up to a maximum of 100 Sq. Ft. Hi) Window - A SIGN affixed to or behind a window. Maximum SIGN area - the area of the window with the SIGN x .30. iv) Hanging - A SIGN attached to and located below any eave, arcade, canopy or awning. Maximum SIGN area - 20 Sq. Ft.. (two faces of 20 Sq. Ft. each). ! v) Awning - A SIGN or graphic attached to or printed on an awning. Maximum SIGN area - the area of the awning x .25. vi) Pole - A SIGN mounted at the top of or bracketed from a vertical pole which is supported by the ground. Maximum SIGN area - 24 Sq. ft (2 faces @ 12 Sq. Ft. each.). vii) Monument - A SIGN secured to a base which is built directly upon the ground. Maximum SIGN area - 50 Sq. Ft., exclusive of the base. (2 faces of 50 Sq. Ft. each). Maximum height above GRADE - 6 feet. viii) Marquee - A SIGN usually projecting from the face of a theater or cinema which contains changeable text to announce events. SIGN area shall be compatible with the design of the theater BUILDING. Minimum height above GRADE - 10 feet. Minimum distance from cu rb 4 feet. ix) Sandwich boards - A movable SIGN Page 212 of 247 comprised of two SIGN panels hinged together at the top. Maximum SIGN area - 12 square ft (2 faces at 12 Sq. Ft. each. x) Banners - Fabric panels projecting from light poles or other STRUCTURES. Maximum SIGN area - shall be proportional to the height of the pole: 16 feet pole - 15 .Sq. Ft. max (2 faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq. Ft. max. (2 faces at 20 Sq. Ft. ea.); 30 feet pole - 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.). xi) Temporary SIGNS as allowed by section 5.06.00. s) The following SIGN types are prohibited: i) Pole SIGNS greater than 12 Sq. Ft. in area ii) Portable or mobile SIGNS except sandwich boards Hi) Flashing or animated SIGNS (except time and temperature SIGNS) iv) SIGNS with changeable text (except Marquee) v) Off-site SIGNS. Billboards. ii. Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main STREET area of the Town. BUILDINGS shall be positioned near the RIGHT-OF-WAY line, wide SIDEWALKS shall be shaded by STREET trees and architectural elements. The following design criteria shall apply within the Town Center, with the exception of civic or institutional BUILDINGS, which shall not be subject to the height, BUILDING placement, BUILDING use, parking, and sign age criteria below, but, instead, shall be subject to specific design standards that address these BUILDINGS' creating focal points, terminating vistas, and significant community landmarks and ~hat are set forth in the SRA DEVELOPMENT Document and approved by the BCC. a) Commercial, retail, office, civic, institutional, Page 213 of 247 --~.. ---'.--" light industrial and manufacturing, ESSENTIAL SERVICES, parks, residential and schools and ACCESSORY USES shall be permitted. These uses may occur in shared use BUILDINGS or single use BUILDINGS. b) The FLOOR AREA RATIO for the total BUILDING area within each BLOCK shall not exceed 2. '., c) The FLOOR AREA RATIO for retail and office uses per BLOCK shall not exceed 0.5. d) The FLOOR AREA RATIO for civic uses per BLOCK shall not exceed 0.6. e) The FLOOR AREA RATIO for light industrial and manufacturing uses per BLOCK shall not exceed 0.45. f) The maximum DENSITY for transient lodging shall be 26 DWELLING UNITS per Town Center gross acre. g) The maximum BUILDING height shall be 5 stories, excluding roofs and architectural features. h) The minimum LOT area shall be 1,000 square feet. i) The maximum BLOCK perimeter shall be 2500 Ft. j) The minimum SETBACKS shall be 0 from all property boundaries and the maximum SETBACK shall be 10 feet from the front right of way line. k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the SIDEWALK and 15 feet above the STREET. I) Seating for outdoor dining shall be permitted to encroach the public SIDEWALKS and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. Page 214 of 247 m) BUILDINGS within the Town Center shall be made compatible through similar massing, volume, FRONT AGE, scale and architectural features. n) STREETS shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed STREETS must include SIDEWALKS on both sides of the STREET, parallel to the RIGHT-OF-WAY, and a 5 Ft. streetscape area between the back' of curb and the SIDEW ALK. STREETS shall maintain a minimum average BUILDING height to STREET width ratio of 1:1, excluding landmark BUILDINGS. 0) Parking space requirements and design are the same as in the Town Core. p) Landscape minimums are the same as in the Town Core. q) Signage requirements are the same as in the Town Core. 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: a) Residential, neighborhood scale goods and services, civic, institutional, parks, schools and ACCESSORY USEs shall be permitted. b) The maximum allowable BUILDING height shall be 3.5 stories. c) The maximum BLOCK perimeter shall be 3500 feet, except that a larger BLOCK perimeter shall be allowed where an ALLEY or PATHWAY provides through ACCESS, or the BLOCK includes water bodies or public facilities. Page 215 of 247 -- -~-- -~_.,. d) The SRA DEVELOPMENT 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. ii) Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory DWELLING UNIT is built. iii) Landscaping shall include a minimum of sixty (60) square feet of shrub planting per LOT, on LOTS that are 3,000 square feet or less in area; eighty (80) square feet on LOTS that are greater than 3,000 square feet but less than 5,000 square feet in area; and 100 square feet for LOTS 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the front of the dwelling, with, at a minimum, turf grass for the remainder of the property. e) Multi-family residential uses shall adhere to the following: i) LOTS shall be a maximum of 4 acres. ii) FRONT and side YARD SETBACKS shall be a minimum of 10 feet and rear YARD SETBACKS shall be a minimum of 20 feet for the primary STRUCTURE and 5 feet for any ACCESSORY STRUCTURES. iii) Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the FRONT YARD a maximum of 3 ft. 6 in and a maximum of 3 Ft. into side YARDS, but no element may encroach into a side YARD such that. the distance to the property line from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any Page 216 of 247 YARD. iv) Parking space requirements and design are the same as in the Town Core. v) A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of. ,BUILDING footprint, and one tree shall be required for each 4,000 Sq. Ft. of LOT area, inclusive of STREET trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the BUILDING and a minimum of turf grass for the remainder of the property. f) Non-residential uses shall adhere to the following: i) All such uses shall be located at I intersection comers or STREET bends. and shall not be permitted at mid-BLOCK locations; ii) If the non-residential use is a RESTAURANT, grocery store, or convenience store, it shall be located on an ALLEY loaded site; iii) The minimum distance between non- residential uses shall be 1,000 feet, as measured along the STREET FRONTAGE at the RIGHT-OF-WAY line. iv) The maximum square footage per use shall be 3,000 square feet and per location shall be 15,000 square feet; v) The use shall have a minimum LOT area of not less than the size of the smallest ADJACENT LOT. vi) The minimum SETBACKS shall be as follows: 0 feet from the front property boundary, a distance from the side property boundary that is equal to the setback of the ADJACENT property, and a minimum of 20 feet from the rear property boundary for the Page 217 of 247 --- >-'---"'- --.- ,--~ PRINCIPAL STRUCTURE and 5 feet from the rear property boundary for any ACCESSORY STRUCTURES. vii) Parking space requirements and design are the same as in the Town Core, with on- STREET parking provided only along the LOT STREET FRONT AGE. No off-STREET parking shall be permitted between the front factade and the front property line. No off-STREET parking shall be permitted between the side factade and the STREET side property line for comer LOTS. All off-STREET parking shall be screened from the STREET and ADJACENT property by wall, fence and/or landscaping. viii) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of BUILDING footprint, and one tree per 4,000 Sq. Ft. of LOT area, inclusive of STREET trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the BUILDING. Minimum of turf grass for the remainder of the property. g) General signage requirements: i) SIGN Area: The area of any SIGN shall be the area of a rectangle which encloses all elements of the SIGN (excluding poles and brackets) including all text and any symbols or logos. ii) Allowable SIGN Area: The allowable SIGN area (total of all individual SIGNS on that factade or related to that FACADE) of a factade facing a public STREET or a parking lot shall be limited to 20% of the total area of the factade. iii) Mounting height: No part of a SIGN which projects from a BUILDING or is mounted on a pole or bracket sh;:lll be less than eight feet above the GRADE unless not in the pedestrian path. Page 218 of 247 iv) Illumination: SIGNS may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto ADJACENT properties or the public RIGHT-OF-WAY. h) Prohibited SIGN Types: .:.. i) Pole SIGNS ji) Portable or mobile SIGNS except sandwich boards iii) Flashing or animated SIGNS (except time and temperature SIGNS) iv) SIGNS with changeable text including v) Marquee - A SIGN usually projecting from the face of a theater or cinema which contains changeable text to announce events vi) Banners vii) Off-site SIGNS. billboards viii) Sign age is prohibited outside of Neighborhood Goods and Services Zones, except as necessary within OPEN SPACES, parks, and neighborhoods for directional and area identification purposes. i) The following SIGN types are allowable: i) Wall - A SIGN affixed directly to an exterior wall or fence. Maximum SIGN area - 24 square ft. ii) Projecting - Any SIGN which projects from and is supported by a wall of a BUILDING with the display of the SIGN perpendicular to the BUILDING wall. Maximum SIGN area = The fa9ade area x .05. up to a maximum of 40 sq. ft. iii) Window - A SIGN affixed to or behind a window. Maximum SIGN area - 20% of the area of the window. iv) Hanging - A SIGN attached to and located below any eave, canopy or awning. Maximum area - 12 sq. ft. (may be double sided) Page 219 of 247 _.-,' --- -,.'- v) Awning - A SIGN or graphic attached to or printed on an awning. Maximum SIGN area - 20% of the area of the awning. vi) Monument - A SIGN secured to a base which is built directly upon the ground. Maximum SIGN area - 30 sq. ft., exclusive of the base. (2 faces of 30 sq. ft. each). Maximum height above GRADE - 4 feet. vii) Sandwich boards - A movable SIGN comprised of two SIGN panels hinged together at the top. Maximum SIGN area - 12 square ft (2 faces at 12 sq. ft. each). viii) Temporary SIGNS as allowed by section 5.06.00. D Signage within Neighborhood Goods and Service Zones shall adhere to the following: i) Signage design shall be carefully integrated with site and BUILDING design to create a unified appearance for the total property. ii) SIGNS shall be installed in a location that minimizes conflicts with windows or other architectural features of the BUILDING. iii) SIGNS which create visual clutter or which block the view of SIGNS on ADJACENT property shall not be permitted iv) Creativity in the design of SIGNS is encouraged in order to emphasize the unique character of the SRA. k) STREETS shall adhere to J.1 .b and Figures 5. 6, 7, 8, or 10. At a minimum all proposed STREETS must include SIDEWALKS on both sides of the STREET, parallel to the RIGHT-OF-WAY, and a 5 Ft. streetscape area between the back of curb and the SIDEWALK. iv. Neighborhood Edge (optional). Neighborhood Edge is predominately a single-family residential neighborhood. Page 220 of 247 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 p~rmitted 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 with LOT dimensions and SETBACKS to be further defined with the SRA DEVELOPMENT Document. d) The perimeter of each BLOCK may not exceed 5000 feet, unless an ALLEY or PATHWAY provides through ACCESS, or the BLOCK includes water bodies or public facilities. e) Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with provision for an additional parking space if an accessory DWELLING UNIT is built. f) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per LOT, with plantings in planting areas, raised planters, or planter boxed in the front of the dwelling and a minimum of turf grass for the remainder of the property. g) STREETS shall adhere to J.1.b. and to Figures 9,11,12,13,14,15,16,17, or 18. At a minimum all proposed STREETS must include a 10-foot P A THW A V on one side of the STREET with an 8-foot streetscape area between the edge of curb and the PATHWAY. 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 Page 221 of 247 universities, business parks, medical parks and resorts that require unique DEVELOPMENT standards to ensure COMPATABILlTY 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. i. Villages are comprised of residential neighborhoods and shall include a mixed-use VILLAGE CENTER to serve as the focal point for the community's support services and facilities. ii. Villages shall be designed in a compact, pedestrian- friendly form. Hi. Create an interconnected STREET system designed to disperse and reduce the length of automobile trips. iv. Offer a range of housing types and price levels to accommodate diverse ages and incomes. Accessory DWELLING UNITS shall not count towards the maximum allowed DENSITY. v. Be developed in a progressive rural to urban continuum with the greatest DENSITY, intensity and diversity occurring within the VILLAGE CENTER, to the least DENSITY, intensity and diversity occurring within the Neighborhood Edge. 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 COMPATABILlTY through the use of BUFFERing, OPEN SP ACE, 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 Page 222 of 247 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 DEVELOPMENT 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 the County no later than when the first SRA Site DEVELOPMENT PLAN is submitted for approval. b. Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town. c. Parks. A Village shall provide a range of active and passive parks, squares and playgrounds as appropriate to be located within each Context Zone and Special District. d. Context Zones. i. General. a) Villages shall be designed to include a minimum of two Context Zones: VILLAGE CENTER and Neighborhood General. b) Each Zone shall blend into the other without the requirements of BUFFERS. c) Villages may include the Context Zone of Neighborhood Edge. d) Villages may include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the Context Zones. Page 223 of 247 - ,-;-~ e) The SRA Master Plan shall designate the location of each Context Zone and each Special District. The VILLAGE CENTER shall be designated in one location. Neighborhood General, Neighborhood Edge and Special District may be designated in multiple locations. f) Context Zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for the establishment of the urban to rural continuum. ii. VILLAGE CENTER. a) The allowable uses within a VILLAGE CENTER are commercial, retail, office, civic, institutional, ESSENTIAL SERVICES, parks, residential and schools and ACCESSORY USEs. b) Uses may occur in shared use BUILDINGS or single use BUILDINGS. c) The FLOOR AREA RATIO of any use shall not exceed 2 for the total BUILDING area within each BLOCK, shall not exceed 0.5 for retail and office uses per BLOCK shall not exceed 0.6 for civic uses per BLOCK. d) Transient Lodging - 26 DWELLING UNITS per VILLAGE CENTER gross acre e) Maximum BUILDING height - 5 Stories, excluding roofs and architectural features. f) Minimum LOT area: 1 ,000 SF g) BLOCK Perimeter: 2,500 Ft. max h) Front SETBACKS - 0 to 10 feet from the RIGHT-OF-WAY line i) Side SETBACKS - 0 feet. j) Rear SETBACKS - 0 feet Page 224 of 247 k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the SIDEWALK and 15 feet above the STREET. I) Seating for outdoor dining shall be permitted to encroach the public SIDEWALKS and shall leave a minimum 6~.f~ot clear pedestrian way between the outdoor dining and the streetscape planting area. m) The design of civic or institutional BUILDINGS shall not be subject to the specific standards of this subsection which regulate BUILDING height, BUILDING placement, BUILDING use, parking, and signage but, instead, shall be subject so specific design standards that address the perspective of these BUILDINGS' creating focal points, terminating vistas, and significant community landmarks and that are set fortI"", in the SRA DEVELOPMENT Document and approved by the BCC. I I n) BUILDINGS within the VILLAGE CENTER shall be made compatible through similar massing, volume, FRONT AGE, scale and architectural features. 0) STREETS shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed STREETS shall include SIDEWALKS on both sides of the STREET, parallel to the RIGHT-OF-WAY, and a 5 Ft. streetscape area between the back of curb and the SIDEW ALK. STREETS shall maintain a minimum average BUILDING height to STREET width ratio of 1:1, excluding landmark BUILDINGS. p) General parking criteria i) On-STREET parking spaces within the limits of the front property line, as projected into the RIGHT-OF-WAY, shall count towards the required number of parking spaces. ii) The majority of p~uking spaces shall be provided off-STREET in the rear of BUILDINGS, or along the side (secondary STREETS). Parking is prohibited in front of Page 225 of 247 --- .~.- ~-"---' BUILDINGS. iii) Parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands shall have a minimum of one c~nopy tree. iv) Parking LOTS shall be' accessed from ALLEYS, service lanes or secondary STREETS. q) The majority of parking spaces shall be provided off-STREET in the rear of BUILDINGS, or along the side (secondary STREETS), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of Parking is prohibited in I one tree. front of BUILDINGS, except within the RIGHT-OF-WAY. Parking LOTS shall be accessed from ALLEYS, service lanes or secondary STREETS. Parking STRUCTURES fronting on a primary STREET shall include ground floor retail. Parking STRUCTURES fronting on a secondary STREET shall have a minimum 10Ft. wide, densely landscaped area at GRADE, including one tree per 250 square feet of landscaped area or twenty-five (25) lineal feet on- center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. r) Landscaping minimums. within the VILLAGE CENTER shall be met by providing landscaping within parking LOTS as described, and by providing a streetscape area between the SIDEWALK and curb Page 226 of 247 at a minimum of 5 Ft. in width. In these areas, SIDEW ALK protection such as root barriers, continuous three pits, and/or structural soils shall be provided. Trees shall be planted forty (40) feet on- center. The STREET tree pattern may be interrupted by architectural elements such as arcades and columns. s) Signage standards within the VILLAGE CENTER shall comply with those 'provided in the Town Center. iii. Neighborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town. iv. Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. v. Special District (optional). The Special District is intended to provide for uses and DEVELOPMENT standards not otherwise provided for within the Context Zones. Uses and DEVELOPMENT standards shall be defined in detail within the SRA DEVELOPMENT application for review by Collier County staff. 4. Hamlet Design Criteria. a. General. i. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. ii. Hamlets may include the Context Zones of Neighborhood General and Neighborhood Edge. iii. Non-residential uses shall be provided in one location, such as a crossroads, and designed to incorporate the community green. b. OPEN SPACES and parks. At a mrnimum, Hamlets shall provide a public green equal to a minimum of 1 % of the total Hamlet gross acreage. Page 227 of 247 --~._.. .~,- ----. c. Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Hamlet, and provide for the establishment of the urban to rural continuum. i. Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi- family housing. Neighborhood scale goods and services, schools, parks.~nd OPEN SPACE diversify the neighborhoods. The STREET grid is maintained through the Neighborhood General to disperse traffic. SIDEWALKS and streetscape support the pedestrian environment. The design criteria applicable within Neighborhood General are as follows: a) Uses -residential, neighborhood scale goods and services, civic, institutional, parks and schools. b) BUILDING height - 3.5 Stories c) BLOCK Perimeter: 3500 Ft. max. I The maximum may be greater if an ALLEY or PATHWAY provides through ACCESS, or the BLOCK includes water bodies or public facilities. d) For single-family residential uses: i) Minimum LOT area: 1,000 SF ji) SETBACKS and encroachments to be defined in the SRA DEVELOPMENT Document iii) Parking space requirements and design are the same as in the Town Core, with provision for an additional parking space if an accessory DWELLING UNIT is built. iv) Landscaping - Minimum of 60 Sq. Ft. of shrub planting per LOT. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. e) For multi-family residential uses: i) Maximum LOT area: 4 acres. Page 228 of 247 . ii) FRONT YARD SETBACKS - 10Ft. iii) Minimum side YARD SETBACKS - 10 Ft. iv) Minimum rear YARD SETBACKS - 20 Ft. for primary STRUCTURE, 5 Ft. for ACCESSORY STRUCTURES v) Encroachments: Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the FRONT YARD 3 Ft. 6 In. These same elements may encroach 3 Ft. into side YARDS but no element may encroach into a side YARD such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In. except that overhangs may encroach 2 Ft. into any YARD. vi) Parking space requirements and design are the same as in the Town Core. vii) Landscaping- Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of BUILDING footprint, and on tree per 4,000 Sq. Ft. of LOT area, inclusive of STREET trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the BUILDING. Minimum of turf grass for the remainder of the property. f) Non-residential uses i) Location: at intersection corner. Mid- BLOCK locations are not allowed. ii) Maximum square footage per use is 5,000. jii) Maximum square footage per location is 20,000. iv) Min. LOT area: No less than the min. LOT area of the smallest ADJACENT LOT. Page 229 of 247 ~._" ...~-..,~--~- -->~. v) Front SETBACKS - Equal to the smallest utilized SETBACK of the ADJACENT LOT vi) Side SETBACKS - Equal to the smallest utilized SETBACK of the ADJACENT LOT vii) Rear SETBACKS - minimum 20 feet for the PRINCIPAL STRUCTURE and 5 feet for any ACCESSORY USE viii) Parking. Parking space requirements and design are the same as in the Town Core. On-STREET parking must be provided along the LOT STREET FRONTAGE. No' off- STREET parking shall be permitted between the front fayade and the front property line. All off-STREET parking shall be screened from I the STREET and ADJACENT property by wall, fence and/or landscaping. I 1 ix) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of BUILDING footprint, and on tree per 4,000 Sq. Ft. of LOT area, inclusive of STREET trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the BUILDING. Minimum of turf grass for the remainder of the property. x) Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General. xi) STREETS shall adhere to J.1.b. and Figures 5, 6, 7, 8, or 10. At a minimum all proposed STREETS must include SIDEW ALKS on both sides of the STREET, parallel to the RIGHT-OF-WAY, and a 5 foot streetscape area between the back of curb and the SIDEWALK. ii. Neighborhood Edge. Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is Page 230 of 247 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. a) Uses - residential, parks, golf courses, schools, ESSENTIAL SERVICES b) BUI~DING height - 2 Stories c) Minimum LOT area 5000 square feet d) SETBACKS to be further defined within the SRA DEVELOPMENT Document e) BLOCK Perimeter: 5000 feet max. The maximum may be greater if an ALLEY or PATHWAY provides through ACCESS, or the BLOCK includes water bodies or public facilities. f) Parking. - Parking space requirements and design are the same as in the Town Core. Provision shall be made for an additional parking space if an accessory DWELLING UNIT is built. g) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per LOT. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. h) STREETS shall adhere to J.1.b and Figures 9, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed STREETS must include a 1 a-foot PATHWAY on one side of the STREET with an 8-foot streetscape area between the edge of curb and the PATHWAY. 5. Compact Rural DEVELOPMENT Criteria a. General. i. Compact Rural DEVELOPMENT (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and DEVELOPMENT standards, but shall otherwise comply with the design standards of a Hamlet or Village. ii. A CRD may include, but is not required to have Page 231 of 247 ---.. . "-_.~.. permanent residential housing and the services and facilities that support permanent residents. Hi. Except as described above, a CRD will conform to the design standards of a Village or Hamlet as set forth. herein based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required,. however for any CRD that does include permanent residential housing, the proportionate support services shall be provided. b. Example. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services that necessary to support permanent residents. 6. Design Criteria Common to SRAs. a. PARCELS of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved as OPEN SPACE and maintained in a predominantly naturally vegetated state. b. A minimum of thirty-five (35) percent of the SRA land designated as Town or Village shall be kept in OPEN SPACE. c. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the hydroperiods of ADJACENT FSA, HSA, WRA or Conservation Land and will not adversely affect the water use rights of either ADJACENT DEVELOPMENTS or ADJACENT agricultural operations and will comply with the SFWMD Basis of Review. Detention and control elevations shall be established to protect natural areas and be consistent with surrounding land and project control elevations and water tables. d. Where an SRA adjoins an FSA, HSA, WRA or existing public or private conservation land delineated on the RLSA Overlay Map, best management and planning practices shall be applied to minimize ADVERSE IMPACTS to such lands. Best management practices shall include the following: i. The perimeter of each SRA shall be designed to provide a transition from higher DENSITY and intensity uses within the SRA to lower DENSITY and intensity uses on adjoining Page 232 of 247 property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to SETBACKS, LANDSCAPE BUFFERS, and recreation/OPEN SPACE placement may be used for this purpose. ii. OPEN SPACE within or contiguous to an SRA shall be used to provide a BUFFER between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the RLSA Overlay Map. OPEN SPACE contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required YARD and set-back areas, and other natural or man-made OPEN SPACE. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, Le., the area south of Immokalee Road, this OPEN SPACE BUFFER shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. e. Where a WRA is incorporated into the stormwater system of an SRA, the provisions of Section 4.08.04 A.4.b. apply. f. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. 7. Infrastructure Required. An SRA shall have adequate infrastructure available to serve the proposed DEVELOPMENT, or such infrastructure must be provided concurrently with the demand as identified in Chapter 6 of the LDC. The level of infrastructure required will depend on the type of DEVELOPMENT, accepted civil engineering practices, and the requirements of this Section. a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the provisions in Chapter 6 of the LDC in effect at the time of SRA designation. b. Infrastructure to be analyzed will include facilities for transportation, potable water, WASTEWATER, irrigation water, stormwater management, and SOLID WASTE. c. Centralized or decentralized community water and WASTEWATER utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or Page 233 of 247 decentralized community water and WASTEWATER utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community DEVELOPMENT District, other special districts the Immokalee Water Sewer Service District, Collier County Water and Sewer District, or other governmental entity. This Section shall not prohibit innovative alternative water and WASTEWATER treatment systems such as decentralized community treatment systems provided that they meet all applicable regulatory criteria. .., d. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD are permitted on an interim basis until services from a centralized/decentralized community system are available. e. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. 8. Requests for Deviations from the LDC. 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; b. The deviations further the RLSA District Regulations and are consistent with those specific Design Criteria from which Section 4.08.05 J.2. - 5. expressly prohibits deviation; and c. 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. K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.05 L. Impact assessments shall be prepared in the following infrastructure areas: 1. T ranspo rtation. A transportation impact assessment meeting the requirements of Chapter 10 of the LDC or its successor regulation or procedure, shall be prepared by the APPLICANT as component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. Page 234 of 247 a. In addition to the standard requirements of the analyses required above, the transportation impact assessment shall specifically consider, to the extent applicable, the following issues related to the highway network: (1) Impacts to the LEVEL OF SERVICE of impacted roadways and intersections, comparing the proposed SRA to the impacts of conventional Baseline Standard DEVELOPMENT;'" (2) Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the surrounding transportation system; and (3) Impacts to agri-transport issues, especially the farm-to- market movement of AGRICUL TURAL PRODUCTS. b. The transportation impact assessment, in addition to considering the impacts on the highway system, shall' also consider public transportation (transit) and bicycle and pedestrian issues to the extent applicable. I c. No SRA shall be approved unless the transportation impact assessment required by this Section has demonstrated through data and analysis that the capacity of County/State COLLECTOR or ARTERIAL ROAD(S) serving the SRA to be adequate to serve the intended SRA uses in accordance with Chapter 6 of the LDC in effect at the time of SRA designation. 2. Potable Water. A potable water assessment shall be prepared by the APPLICANT as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the APPLICANT will conform to either Florida Adminsitrative Code for private and limited use water systems, or for Public Water Systems. In addition to the standard requirements of the analyses required above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste products, if any, generated by the proposed treatment process. The APPLICANT shall identify the sources of water proposed for potable water supply. 3. Irrigation Water. An irrigation water assessment shall be prepared by the APPLICANT as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall quantify the anticipated irrigation water usage expected at the buildout of the SRA. The assessment shall identify the sources of water proposed for irrigation use and shall identify proposed methods of water conservation. Page 235 of 247 .~,.~-- <-'--'" -----'0 ",.-- 4. WASTEWATER. A WASTEWATER assessment shall be prepared by the APPLICANT as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the APPLICANT will conform to either Standards for. Onsite Sewage Treatment and Disposal Systems, contained in Florida Adnimistrative Code for systems having a capacity not exceeding 10,000 gallons per day or for WASTEWATER treatment systems having a capacity greater than 10,000 gallons per day. In addition to the standard requirements of the analyses required above, the WASTEWATER assessment shall specifically consider, to the extent applicable, the disposal of waste products generated by the proposed treatment process. 5. SOLID WASTE. A SOLID WASTE assessment shall be prepared by the APPLICANT as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall identify the means and methods for handling, transporting and disposal of all SOLID WASTE generated including but not limited to the collection, handling and disposal of recyclables and horticultural waste products. The APPLICANT shall identify the location and remaining disposal capacity available at the disposal site. 6. Stormwater Management. A stormwater management impact assessment shall be prepared by the APPLICANT as a component of an Impact Assessment Report that is submitted as a part of an SRA Designation Application Package. The stormwater management impact assessment shall, at a minimum, provide the following information: a. An exhibit showing the boundary of the proposed SRA including the following information: (1) The location of any WRA delineated within the SRA; (2) A generalized representation of the existing stormwater flow patterns across the site including the location(s) of discharge from the site to the downstream receiving waters; (3) The land uses of adjoining properties and, if applicable, the locations of stormwater discharge into the site of the proposed SRA from the adjoining properties. b. A narrative component to the report including the following information: (1) The name of the receiving water or, if applicable, FSA or WRA to which the stormwater discharge from the site will ultimately outfall; Page 236 of 247 (2) The peak allowable discharge rate (in cfs / acre) allowed for the SRA per Collier County Ordinance 90-10 or its successor regulation; (3) If applicable, a description of the provisions to be made to accept stormwater flows from surrounding properties into, around, or through the constructed surface water management system of the proposed DEVELOPMENT; (4) The types of stormwater detention areas to be constructed as part of the surface water management system of the proposed DEVELOPMENT and water quality treatment to be provided prior to discharge of the runoff from the site; and (5) If a WRA has been incorporated into the stormwater management system of an SRA, the report shall demonstrate compliance with provisions of Section 4.08.04 A.4.b. , 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 each phase, or every five (5) years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for each unit of government responsible for the services listed below, 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 County. The model methodology will be consistent with the Fiscal Impact Analysis Model ("FlAM") developed by the State of Florida or with Burchell et aI., 1994, DEVELOPMENT Assessment Handbook (ULI). The BCC may grant exceptions to this policy of fiscal Page 237 of 247 -" -. 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 ni!lety (90) percent built out. The Report will provide a fiscal impact analysis of the project in accord with the methodology outlined above. 3. 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 for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate AFFORDABLE HOUSING. I 4. Special Districts Encouraged in SRAs. The use of community DEVELOPMENT districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or 9ther 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 agreement 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. 4.08.08 BASELINE STANDARDS A. PURPOSE AND INTENT. These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subject to the transfer or receipt of Stewardship Credits, except as to those AGRICUL TURAL USES subject to sections 163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quality and quantity, maintain the natural water regime, and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation EASEMENTS or a fee or lesser interest in the land, shall constitute compensation for the loss of any DEVELOPMENT rights related to these standards. B. APPLICABILITY OF CODE. Except as otherwise specifically provided in this section section 4.08.00, those provisions 01 this Code in effect as of November [ ], 1999, shall apply to all land within the RLSA District unless or until such lands become subject to the transfer or receipt of Stewardship Credits. Page 238 of 247 C. ALLOW ABLE USES. The permitted, accessory, and CONDITIONAL USES allowed shall be those set forth in section 2.03.00 in effect as of November [ ], 1999, with the following exceptions: 1. Residential Uses, General CONDITIONAL USES, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix at section 4.08.00 shall be eliminated in all FSAs, as provided in section 4.08.00. 2. CONDITIONAL USE ESSENTIAL SERVICES arid govemmental ESSENTIAL SERVICES, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with an Index value of 1.2 or less, as provided in section 4.08.00. 3. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT and production activities in FSAs and HSAs in order to minimize impacts to native habitats, when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas ACCESS roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. D. STANDARDS APPLICABLE INSIDE THE ACSC. RLSA District lands within the ACSC shall be subject to all ACSC regulatory standards, including those that strictly limit non-agricultural clearing. E. STANDARDS APPLICABLE OUTSIDE THE ACSC: Except to the extent superceded by G. or H. below, the following standards shall apply to all DEVELOPMENT within those areas of the RLSA District that are outside of the Page 239 of 247 . "",.- ~. --,-- -"--'" ACSC, other than agricultural operations that fall within the scope of sections 163.3162 (4) and 823.14(6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Credits: 1. A wildlife survey, as set forth in Chapter 10, shall be required for all PARCELS when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. A minimum of 40% of the NATIVE VEGETATION on the project site must be retained. If listed species are directly observed on the site of the project or are indicated by evidence, such as denning, foraging, or other indications, first priority shall be given to preserving the habitat of such listed species. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County. I I a. The wildlife habitat management plan within the ~LSA District shall include the following techniques to protect listed species from the negative impacts of DEVELOPMENT: i. OPEN SPACE and vegetation preservation requirements shall be used to establish BUFFER areas between wildlife habitat areas and areas dominated by human activities. ii. Fencing, walls, other obstructions, or other provisions shall be used to minimize DEVELOPMENT impacts to the listed species and to encourage wildlife to use wildlife corridors. iii. Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. b. The wildlife habitat management plan shall also incorporate the following: i. a description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable; Page 240 of 247 ii. identification of appropriate lighting controls for permitted uses and' a consideration of the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white-tailed deer, consistent with the UFWS South Florida Multi':'Species Recover Plan, May 1999, except as recommended otherwise by the UFWS or FFWCC; and , . Hi. if the DEVELOPMENT will be larger than 10 acres, a monitoring program. c. The following references shall be used, as appropriate, to prepare the wildlife habitat management plan: i. South Florida Multi-Species Recovery Plan, USFWS, 1999. ii. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. iii. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale DEVELOPMENT in Florida, Technical Report No.4, Florida Game and Fresh Water Fish Commission, 1987. iv. Ecology and DEVELOPMENT-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. v. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale DEVELOPMENT Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. d. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species: i. Gopher tortoise. For PARCELS containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for Page 241 of 247 ,",,^'" .-.,.. -, providing a connection to off site ADJACENT gopher tortoise preserves. ii. Florida scrub jay. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No.8; Florida Game and Fresh Water Fish Commission, 1991. A maintenance prog.r~m shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. iii. Bald eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UfWS South Florida Multi-Species Recover Plan, May 1999. iv. Red-cockaded woodpecker. For the red-cockaded woodpecker (Ipicoides borealis), the required habitat protection plan shall outline measures to avoid ADVERSE IMPACTS to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. v. Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concems related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. vi. Panther. For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats Page 242 of 247 that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In tum, these areas shall be BUFFERED from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). 4. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the RLSA Overlay of the GMP, consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing DEVELOPMENT ORDERS. It is recognized that these agency recommendations, on a case by case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. F. GOLF COURSE STANDARDS. Except as otherwise required by G. or H. below, all golf courses within the RLSA District that are not within an SRA shall be subject to the following requirements: 1. Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and BUILDING Design) have been incorporated into the golf course's design and operational procedures. In addition to addressing these requirements, golf courses shall meet the following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. b. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: Page 243 of 247 .-,. --"~'" "'-'-'---' '0'_" i. The use of slow release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; iii. The use of an integrated pest management program using both biological and chemical agents to. control various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; and v. The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. 2. To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies; c Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and BUILDING sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. 3. Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing SHORELINES that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the SHORELINE. Credits to the site preservation area requirements, on an acre- to- acre basis, Page 244 of 247 shall be given for littoral shelves that exceed these littoral shelf area requirements. G. STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS THAT ARE OUTSIDE OF THE ACSC. The provisions of Chapters 3,4, and 10 in effect as of November [ ], 1999, shall apply to FSAs, HSAs, and WRAs that outside of the ACSC, with the following exceptions: 1. Site clearing and ALTERATION shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area. 3. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent STRUCTURES. 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. H. STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS, HSAS, WRAS, AND THE ACSC. WETLANDS located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria: 1. The vegetative preservation requirement set forth in E.2. above shall first be met through preservation of WETLANDS having a functionality assessment score of 0.65 or greater. APPLICANTS shall establish the WETLAND FUNCTIONALITY score of WETLANDS using the South Florida Water Management District's Unified WETLAND Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, OPEN SPACE, and site preservation requirements when the WETLAND FUNCTIONAL assessment score of on-site WETLANDS is less than 0.65. 2. WETLANDS utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. WETLAND FLOWW A Y functions through ,the project shall be maintained. Page 245 of 247 '""'.- _"If '__~A~ 4. Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved WETLANDS on or offsite and detention and control elevations shall be set to protect surrounding WETLANDS and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements,' projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. All direct impacts shall be mitigated for as required by applicable federal or state agencies and irfthe same manner as set forth in section 4.06.04 of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. 7. Appropriate BUFFERing shall be provided to separate preserved WETLANDS from other land uses. A minimum 50-foot vegetated upland BUFFER is required ADJACENT to a natural water body and for other WETLANDS a minimum 25-foot vegetated upland BUFFER ADJACENT to the WETLAND. A structural BUFFER, consisting of a stem-wall, a BERM, or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative BUFFER that would reduce the vegetative BUFFER width by 50%. . A structural BUFFER shall be required ADJACENT to WETLANDS where direct impacts are allows. WETLAND BUFFERS shall conform to the following standards: a. The BUFFER shall be measured landward from the approved jurisdictional line. b. The BUFFER zone shall consist of preserved NATIVE VEGETATION. Where NATIVE VEGETATION does not exist, NATIVE VEGETATION compatible with the existing soils and expected hydrologic conditions shall be planted. c. The BUFFER shall be maintained free of Category I Exotics. d. The following land uses are considered to be compatible with WETLAND FUNCTIONS and are allowed within the BUFFER: i. Passive recreational areas, boardwalks and recreational shelters; ii. Pervious nature trails; iii. Water management STRUCTURES; Page 246 of 247 iv. Mitigation areas; v. Any other conservation and related OPEN SPACE activity or use which is comparable in nature with the foregoing uses. 8. Mitigation Requirements. Mitigation shall be required for direct impacts to WETLANDS, such th~t the WETLAND FUNCTIONAL score of the mitigation equals or exceeds the WETLAND FUNCTIONAL score of the impacted WETLANDS. a. Priority shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to WETLANDS shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or ADJACENT to the impacted WETLAND. c. Protection shall be provided for preserved or created WETLAND or upland vegetative communities offered as mitigation by placing a conservation EASEMENT over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. 9. Prior to issuance of any final DEVELOPMENT ORDER that authorizes site ALTERATION, the APPLICANT shall demonstrate compliance with paragraphs 8.a. through B.c. above, as applicable. If state or federal agency permits have not provided mitigation consistent with paragraphs 8 above, the County shall require mitigation exceeding that of the jurisdictional agencies. 10. WETLAND preservation, BUFFER areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit DEVELOPMENT (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in 7.d. above. Page 247 of 247 --.---....- -~~_. 5.01.00 GENERALLY 5.02.00 HOME OCCUPATIONS 5.02.01 Applicability 5.02.02 Allowable Home Occupation Uses 5.02.03 Standards 5.03.00 ACCESSORY USES AND STRUCTURES 5.03.01 Canopy Tents and Shades 5.03.02 Fences and Walls 5.03.03 Guesthouses 5.03.04 Dumpsters 5.03.05 Caretaker Residences 5.03.06 Dock Facilities 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 Generally 5.04.02 Interim Agricultural Uses 5.04.03 Temporary Uses during Construction 5.04.04 Model Homes and Model Sales Centers 5.04.05 Temporary Events 5.04.06 Annual beach events permit 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES 5.05.01 Businesses Serving Alcoholic Beverages 5.05.02 Marinas 5.05.03 Farm Labor Housing 5.05.04 Group Housing 5.05.05 Automobile Service Stations 5.05.06 Private Airports 5.05.07 Townhouse Development 5.05.08 Architectural Standards for Commercial Buildings ._...,,-~ .. ,.-..- 5.05.09 Communication Towers 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards 5.05.11 Carwashes Abutting Residential Zoning Districts 5.06.00 SIGNS 5.06.01 Generally 5.06.02 Signs Exempt from these Regulations 5.06.03 Prohibited Signs '.. 5.06.04 Permitted Signs 5.06.05 Development Standards for Signs 5.06.06 Sign Standards for Specific Situations CHAPTER 5 - SUPPLEMENTAL STANDARDS 5.01.00 GENERALLY [Reserved] 5.02.00 HOME OCCUPATIONS 5.02.01 Applicability Home occupations shall be allowed in any zoning district which permits residential DWELLINGS as a permitted use. 5.02.02 Allowable Home Occupation Uses There shall be no retail sale of materials, goods, or products from the premises. 5.02.03 Standards The home occupation shall be clearly incidental to the use of the DWELLING for dwelling purposes. The existence of the home occupation shall not change the character of the DWELLING. A. An allowable home occupation shall be conducted by an occupant of the DWELLING. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated'. with the allowable residential use. ! D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the LOT may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. 5.03.00 ACCESSORY USES AND STRUCTURES 5.03.01 Canopy Tents and Shades A. Canopy tents and shades shall be permitted in all areas zoned for residential and estates use, subject to the following standards. 1. The canopy tent shall meet the side and rear SETBACKS for the applicable zoning district. Page 1 of 141 - .- '-' .--' , 2. These STRUCTURES are expressly prohibited on the STREET side of the front wall of any STRUCTURE or BUILDING. 3. A BUILDING permit shall be obtained for these STRUCTURES and shall be accompanied by a plot plan. 4. Only one (1) STRUCTURE shall be permitted per residential LOT. 5. A PRINCIPAL STRUCTURE shall be in place on the LOT prior to permitting a canopy tent. 6. These STRUCTURES shall consist of metal pole supports with canopy tops and no sides. 7. The maximum size of these STRUCTURES shall' be 300 square feet 8. The canopy STRUCTURE shall not exceed fifteen (15) feet in height. 9. The use of these STRUCTURES shall be for the storage or parking of RECREATIONAL VEHICLES, vehicles authorized in residential areas, or as a sun shade for outdoor recreating. At no time shall these STRUCTURES be used for any other type of storage. I 10. The canopy tent shall not be permitted with electrical or other utility connections. 5.03.02 Fences and Walls I A. All districts. I 1. Whenever a property owner elects to erect a chain link fence pursuant to the provisions herein ADJACENT to an ARTERIAL or COLLECTOR ROAD in the urban coastal area, said fence shall not be located nearer than three (3) feet to the RIGHT -OF-WAY or property line, and said fence shall be screened from view by planting a vegetative hedge a minimum of thirty (30) inches in height at planting spaced at a distance that will achieve an opacity rating of eighty (80) percent within one (1) year of planting. An irrigation system shall be installed to ensure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes. 2. All fences and walls shall be of sound construction and shall not detract from the public health, safety, and welfare of the general public. 3. All fences and walls shall be maintained in a manner that will not detract from the neighborhood or community. 4. Barbed wire is authorized within agricultural, commercial, and industrial districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, Le., a jailor penitentiary, or by appeal to the BZA . 5. No fence or wall within any district shall bl09k the view of passing motorists or pedestrians so as to constitute a hazard. 6. Fences and walls shall be constructed of conventional BUILDING materials such as, but not limited to, concrete block, brick, wood, decorative iron or steel, and chain link. Page 2 of 141 7. Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining LOT or any ABUTTING RIGHT- OF-WAY. If a fence, wall, or continuous landscape hedge exists on the adjoining PARCEL, this provision may be administratively waived where said request has been requested in writing. a. When determined to be beneficial to the health, safety, and welfare of the public, the County Manager or designee may approve an administrative variance from height limitations of fE;lnces and walls in all districts provided that at least one (1) health, safety, or welfare standard peculiar to the property is identified,' and that such approval does not set an unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code. 9. Existing ground levels shall not be AL TERED for the purpose of increasing the height of a proposed wall or fence except as provided for within section 5.03.02 A.a. and 4.06.00. B. Fence height measurement for all districts. The height of a fence or wall located outside of the BUILDING line shall be measured from the ground level at the fence location. However, if the County Manager or designee determines that ground levels have been AL TERED so as to provide for a higher fence, the County Manager or designee shall determine the ground level for the purposes of measuring the fence height. In determining whether the ground level has been ALTERED for the purposes of increasing the height of the fence, the County Manager or designee may consider, but is not limited to, the following facts: 1. General ground elevation of the entire LOT. 2. In the case of a LOT with varying ground elevations, the average elevation over the length of the fence, and at points in the vicinity of the fence. 3. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of the fence location that is at the lowest elevation shall be used as a point from which the fence height is to be measured. 4. Fences or walls shall be permitted PRINCIPAL USES; however, a fence or wall shall not, in any way, constitute a use or STRUCTURE, which permits, requires, and/or provides for any ACCESSORY USEs and/or STRUCTURES. C. Residential zoning districts. For the purposes of this section, residential districts shall include: RSF, RMF-6, RMF-12, RMF-16, RT, VR, MH, and TTRVC zoning districts,; and the residential increments of PUD zoning districts. Fences and walls placed within required YARDS shall be subject to the following: 1. Fences or walls on all LOTS greater than one (1) acre in area may reach a maximum height of six (6) feet. Page 3 of 141 ____n "-.-.. 2. For non-waterfront interior LOTS one (1) acre or less in area, fences or walls may reach a maximum height of six (6) feet for side and rear YARDS, but are limited to four (4) feet within the required front YARD. 3. For waterfront LOTS one (1) acre or less in area, height limits are as for non-waterfront LOTS, but with the additional restriction that fences or walls within the required rear YARD are limited to four (4) feet. '.. 4. For corner LOTS one (1) 'acre or less in area, which by definition have only front YARDS and side YARDS, fences within required front YARDS are Iimited.to four (4) feet in height, with the exception that any portion of a front YARD fence within the safe sight triangle described in section 6.06.05 of this Code is restricted to three (3) feet in height. (Two (2) sides of this triangle extend thirty (30) feet along the property lines from the point where the RIGHT -OF-W A Y lines meet, and the third side is a line connecting the other two (2).) Fences within required side YARDS may reach six (6) feet in height. 1 5. Barbed wire, razor wire, spire tips, sharp objects, or electr~cally charged fences shall be prohibited, except that the Board of Zoning Appeals may allow the use of barbed wire in conjunction with chain link fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. D. Agricultural districts. For the purposes of this section, agricultural districts shall include: A, E, and CON zoning districts. Fences and walls within agricultural districts shall be exempt from height and type of construction requirements. E. Commercial and industrial districts. 1. Industrial Districts [Non-residential DEVELOPMENT]. Fences or walls in industrial districts not subject to section 5.05.08 shall be limited to eight (8) feet in height. 2. Whenever a nonresidential DEVELOPMENT lies contiguous to or opposite a residentially zoned district, said nonresidential DEVELOPMENT shall provide a masonry wall or prefabricated concrete wall and/or fence. 3. If located on a contiguous property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district. 4. If located on a property opposite a residentially zoned district but fronting on a local STREET, or the properties are separated by a platted ALLEY, the wall and/or fence shall be located a minimum of Page 4 of 141 three (3) feet from the rear of the RIGHT-OF-WAY LANDSCAPE BUFFER line and shall be four (4) feet in height. 5. On properties which front on more than one (1) STREET, a six (6) foot high wall and/or fence shall be required along the STREET which is opposite the primary ingress and egress point. of the project along the STREET FRONT AGE which is ADJACENT to the rear of the project. '.. F. At the APPLICANT'S request, the County Manager or designee may determine that a masonry wall and/or fence is' not warranted, particularly where the local STREET lies contiguous to the rear of a residence or some other physical separation exists between the residential DEVELOPMENT and the nonresidential DEVELOPMENT, or for other good cause including the existence of a wall on an ADJACENT residential DEVELOPMENT. The APPLICANT shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for approval an alternative design and a descriptive . narrative through the administrative variance process set forth in subsection 5.03.02(A)(8) of this Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved, the approval and its basis shall be stated in the site DEVELOPMENT PLAN approval letter. G. Vegetative plantings shall be located external to the wall and/or fence such that fifty (50) percent of the wall and/or fence is screened within one (1) year of the installation of said vegetative material. An irrigation system shall be installed to ensure the continued viability of the vegetative screen. H. These regulations shall not be construed to require a masonry wall and/or fence for commercial DEVELOPMENT fronting on an ARTERIAL or COLLECTOR ROADWAY where the opposite side of such roadway is zoned residential or to be otherwise inconsistent with the provisions of section 5.05.08(8) of this Code. I. A wall and/or fence shall be constructed following site plan approval but prior to any vertical construction or any other type of improvement resulting from the issuance of a BUILDING permit. Special circumstances may warrant constructing the wall and/or fence in phases depending upon the location of affected residential areas and after vertical construction commences. 5.03.03 Guesthouses Where a guesthouse is an allowable use, it shall be permitted only in compliance with the following standards. A. No guest accommodation facility in a single-family residential district, whether a freestanding guest house or guest accommodations which Page 5 of 141 ----' '..---..- are structurally integrated with the main DWELLING, may be utilized for commercial purposes. B. Leasing or renting a guest accommodation facility shall constitute a violation of this LDC. C. If a main residence is leased or rented, a guest accommodation facility accessory to it may not be occupied by the property owner, since that would constitute the unlawful utilization of single-family zoned property for two-family dwelling purpo~es. D. The following site design standards apply to all guest h.ouses: 1. Minimum LOT area shall be 43,560 square feet. 2. Minimum LOT width shall be 105 feet. 3. The maximum FLOOR AREA shall be forty (40) percent of the air- conditioned, enclosed living area (excluding garages, carports, patios, porches, utility areas, and the like) of the principal DWELLING. 4. Detached guest houses shall not be closer than twenty (20) feet to the principal DWELLING. ' E. A GUESTHOUSE may be constructed prior to a principal DWELLING, provided the guest house meets the minimum requirements of a single-family residence in the district in which it is being constructed. At such time as a principal residence is constructed, then the FLOOR AREA percentages listed above shall apply. 5.03.04 Dumpsters SOLID WASTE disposal shall be required in the form of bulk container service (garbage dumpsters and/or compactors) for all commercial and industrial establishments, unless authorization for alternative means of disposal is approved by Collier County Utility Billing and Customer Service. Bulk container service shall be required for all multi-family projects not receiving curbside pickup. SOLID WASTE disposal shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed- restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual SOLID WASTE containers, or as otherwise permitted below. A. Trash container location requirements: 1. All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hauler. 2. Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and hat there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. 3. For multi-family residential DEVELOPMENTS having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve. Page 6 of 141 4. All projects subject to the provisions of the LDC Division 2.8 shall local trash containers in accordance with the relevant provisions of that Division. B. ACCESS to trash containers The ACCESS approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of ten (10) feet and a minimum clear turning" radius of fifty (50) feet when directly accessing a public street. Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the ADJACENT travel lanes of any street. When backing maneuvers are required to permit the vehicle to exit from the container, provision shall be made to provide an apron at least ten (10) feet wide and sixty (60) feet in length ADJACENT to the container. C. Container quantities. In the case of multi-family DEVELOPMENTS and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal. Prior to site DEVELOPMENT PLAN submittal, the contractor, developer or homeowner's association must contact Collier County Utility Billing and Customer Service to estimate the number and sizes of bulk containers needed. D. Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of twelve (12) by twelve (12) feet for each standard garbage dumpster contained inside. If equipped with gates, the clear opening dimension shall be a minimum of twelve (12)feet, and the gates must be provided with a devise to hold them open. E. Container screening. Except as noted below, all containers shall be screened on at least three (3) sides from view of ADJACENT property owners and from ADJACENT streets on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on ADJACENT streets remains unobstructed. Screening may be exempted: 1. In I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards; 2. In A (Rural Agricuhural) zoning in conjunction with a bona fide agricultural use; and 3. During construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and stucco wall, brick wall, PC:':!8 7 of 141 - '-"--"-' masonry wall, or walls of similar material. For only those projects subject to the provisions of section 5.05.08, trash enclosure walls or gates made of chain link or wood are not acceptable. F. Compactors. Multi-family DEVELOPMENTS may substitute garbage compactors for garbage dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for individually owned multi-family units (CONDOMINIUMS), compactor service may only be implemented by the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a majority vote by the homeowner's association); for multi-family DEVELOPMENTS containing more than one STRUCTURE, the property owner may implement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up to three (3) by twelve (12) feet. G. Curbside pickup. The Utility Billing & Customer Service Director, or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family DEVELOPMENTS provided that the following criteria are met. Multi-family rental units must provide dumpsters or a compactor. CONDOMINIUM DEVELOPMENTS may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the Utility Billing & Customer Service Department that: 1. The subject CONDOMINIUM association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the DEVELOPMENT, 2. There is adequate ACCESS to facilitate curbside pickup, and 3. All individual units have an enclosed location other than the residential STRUCTURE, such as a carport or garage, for the storage of individual SOLID WASTE containers. 5.03.05 Caretaker Residences The County Manager or designee may authorize the construction of a caretaker's residence in the C-1/T, C-2, C-3, C-4, C-5, and I zoning districts subject to the following: A. The residence shall be constructed as an integral part of the PRINCIPAL STRUCTURE and shall be entered from within the PRINCIPAL STRUCTURE. Exits required to comply with fire code shall be permitted. B. The caretaker's residence shall be an ACCESSORY USE and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the PRINCIPAL STRUCTURE. Page 8 of 141 C. Off-street parking shall be as required for a single-family residence in accordance with section4.04.00. D. Any other requirement which the County Manager or designee determines necessary and appropriate to mitigate ADVERSE IMPACTS of such use in the district. 5.03.06 Dock Facilities A. Generally. DOCKS and the like are primarily intended to adequately secure moored vessels and provide safe ACCESS for routine maintenance and use, while minimally impacting navigation within any ADJACENT navigable channel, the use of the waterway, the use of neighboring DOCKS, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private DOCKS. 2. Mooring pilings. 3. Davits or lifts. 4. BOATHOUSES. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, BULKHEAD LINE, SHORELINE, seawall, rip-rap line, control elevation contour, or MEAN HIGH WATER LINE (MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than sixty (60) days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any DOCK facilities on the subject property and the property directly across the waterway; and b. At least fifty (50) percent of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals sixty (60) feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least thirty-three (33) percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of Page 9 of ~ 41 .... .._.~~ this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or ACCESSORY USE. 1. On unbridged barrier islands, a boat DOCK shall be considered a permitted PRINCIPAL USE; however, a DOCK shall not, in any way, constitute a use or STRUCTURE which permits, requires, and/or provides for any ACCESSORY USES and/or STRUCTURES. 2. BOATHOUSES and DOCK facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an ACCESSORY USE or STRUCTURE. 3. Any covered STRUCTURE erected on a private boat DOCK shall be considered an ACCESSORY USE, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F). of this LDC. E. Standards for dock facilities. The following criteria apply to DOCK facilities and BOATHOUSES, with the exception of DOCK facilities and BOATHOUSES on manmade lakes and other manmade bodies of water under private control. 1. For LOTS on a canal or waterway that is 100 feet or greater in width, no BOATHOUSE or DOCK facility/boat combination shall protrude more than twenty (20) feet into the waterway (Le. the total protrusion of the DOCK facility plus the total protrusion of the moored vessel). 2. For LOTS on a canal or waterway that is less than 100 feet in width, DOCK facilities may occupy no more than twenty-five (25) percent of the width of the waterway or protrude greater than twenty (20) feet into the waterway, whichever is less. 3. On manmade canals sixty (60) feet or less in width, which are not reinforced by a vertical seawall or bulkhead, DOCK facilities may protrude up to thirty-three (33) percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For LOTS on unbridged barrier islands located within state aquatic preserves, protrusion limits, SETBACKS, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a DOCK facility must be obtained prior to the issuance of a Collier County BUILDING permit for the facility. 5. All DOCK facilities on LOTS with water FRONTAGE of sixty (60) feet or greater shall have a side SETBACK requirement of fifteen Page 10 of 141 (15) feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All DOCK facilities (except BOATHOUSES) on LOTS with less than sixty (60) feet of water FRONT AGE shall have a side SETBACK requirement of seven and one-half (7.5) feet. 7. All DOCK facilities (except BOATHOUSES) on LOTS at the end or side end of a canal or waterway shall have a side SETBACK requirement of seven and"bne-half (7.5) feet as measured from the side LOT LINE or riparian line, whichever is appropriate. 8. Riparian lines for LOTS at the end or side end of a waterway with a regular SHORELINE shall be established by a line extending, from the corner of an end LOT and side end LOT into the waterway bisecting equidistantly the angle created by the two (2) intersecting LOTS. 9. Riparian lines for all other LOTS shall be established by generally accepted methods, taking into consideration the configuration of the SHORELINE, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the SHORELINE for regular (Ii~ear) SHORELINES, or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular SHORELINES. 10. All DOCK facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than four (4) inches in height, installed at the outermost end on both sides. For multi- family DEVELOPMENTS, the house number requirement is waived. 11. Multi-slip DOCKING facilities with ten (10) or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed DEVELOPMENT is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. 12. Information on the type and destination of boat traffic that will be generated from the facility. 13. Monitoring and maintenance of water quality to comply with state standards. 14. Marking of navigational channels, as may be required. Page 11 at 141 ~"-- ------ "--~'-" F. Standards for BOATHOUSES. BOATHOUSES, including any roofed STRUCTURE built on a DOCK, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side SETBACK requirement: fifteen (15) feet. 2. Maximum protrusion into waterway: twenty-five (25) percent of canal width or twenty (20) feet, whichever is less.. The roof alone may overhang no more than three (3) feet into the waterway beyond the maximum protrusion and/or side SETBACKS. 3. Maximum height: fifteen (15) feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of BOATHOUSES or covered STRUCTURES per site: one (1). 5. All BOATHOUSES and covered STRUCTURES shall be completely open on all four (4) sides. 6. Roofing material and roof color shall be the same as materials and colors used on the PRINCIPAL STRUCTURE or may be of a palm frond "chickee" style. A SINGLE-FAMILY DWELLING UNIT must be constructed on the subject LOT prior to, or simultaneously with, the construction of any BOATHOUSE or covered DOCK STRUCTURE. 7. The BOATHOUSE or covered structure must be so located as to minimize the impact on the view of the ADJACENT neighbors to the greatest extent practical. G. Dock facility extension. Additional protrusion of a DOCK facility into any waterway beyond the limits established in subsection 5.03.06(E) of this Code may be considered appropriate under certain circumstances. 1. Primary Criteria: a. Whether the number of DOCK facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two (2) slips; typical multi-family use should be one (1) slip per DWELLING unit; in the case of un bridged barrier island DOCKS, additional slips may be appropriate). Page 12 of 141 b. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (ML T). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension) . c. Whether the proposed DOCK facility may have an adverse impact on navigation within an ADJACENT marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel). d. Whether the proposed DOCK facility protrudes no more than twenty-five (25) percent of the width of the waterway, and whether a minimum of fifty (50) percent of the waterway width between DOCK facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. Whether the proposed location and design of the DOCK f~cility is such that the facility would not interfere with the us1e of neighboring DOCKS. (The facility should not interfere with the use of legally permitted neighboring DOCKS). 2. Secondary criteria: a. Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed DOCK facility. (There must be at least one (1) special condition related to the property; these may include type of SHORELINE reinforcement, SHORELINE configuration, mangrove growth, or seagrass beds). b. Whether the proposed DOCK facility would allow reasonable, safe ACCESS to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area). c. For single-family DOCK facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds fifty (50) percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained). d. Whether the proposed facility would have'a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner). Page 13 of 141 - .~" .."~ " -_..._- ^""'-""" e. Whether seagrass beds are located within 200 feet of the proposed DOCK facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated) . f. Whether the proposed DOCK facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated).- g. If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side SETBACK(S), and provision of Iight(s), additional reflectors, or reflectors larger than four (4) inches. H. Procedures for approval of docks, dock facilities, and BOATHOUSES. 1. Procedures for the issuance of permits for DOCKS, DOCK facilities, and BOATHOUSES are provided in Chapter 10 of, this LDC. ! 2. All DOCK facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP , the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential DOCK facilities shall be subject to all of the provisions of section 5.03.06 of this LDC, with the exception that protrusions for nonresidential DOCK facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site DEVELOPMENT PLAN review, based on an evaluation of the criteria in subsection 5.03.06(G) of this LDC. I. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed DOCKS, DOCK facilities, or BOATHOUSES shall be protected through the following standards: 1. Where new DOCKING facilities or boat DOCK extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed DOCK facility shall be identified on an aerial photograph having a scale of one (1) inch to 200 feet when available from the County, or a scale of one (1) inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by a site visit by the Page 14 of 141 County manager or designee prior to issuance of any project approval or permit. 2. All proposed DOCK facilities shall be located and aligned to stay at least ten (10) feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the SHORE of the property and ADJACENT to the property, and to minimize negative impacts to seagrasses and other native SHORELINE, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the SHORE of the property and ADJACENT to the property, the APPLICANT shall be allowed to build a DOCK across the seagrass beds, or a DOCKING facility within ten (10) feet of seagrass beds. Such DOCKING facilities shall comply with the following conditions: a. The DOCK shall be at a height of at least three and one-half (3.5) feet NGVD. b. The terminal platform area of the DOCK shall not exceed 160 square feet. c. The ACCESS DOCK shall not exceed a width of four (4) feet. d. The ACCESS DOCK and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native SHORELINE vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 Generally (to be provided) 5.04.02 Interim Agricultural Uses A. It is the intent of this section to permit certain interim AGRICULTURAL USES on a temporary basis which retain the land in its open, undeveloped character. 1. No land authorized as an interim AGRICULTURAL USE to be used or used for AGRICUL TURAL USES or activities shall be rezoned to, converted to, or used for any nonagricultural use or DEVELOPMENT for at least ten (10) years after any new clearing of such land. 2. The inclusion of BUILDINGS and STRUCTURES, other than wells, STRUCTURES for CONSERVATION and drainage protection, and unpaved roads, is strictly prohibited. 3. The interim AGRICUL TURAL USE of the premises which in any way attracts or invites ACCESS and use of the general public, or Page 15 of 141 ~..." ..- -"..- -.._- the use of such premises for any commercial activity other than that expressly permitted within the zoning district, is strictly prohibited. B. The procedures for approval of an interim AGRICULTURAL USE are set forth in Chapter 10. The following criteria apply to all interim AGRICULTURAL USES: 1. Interim AGRICULTURAL USES may be permitted in any zoning district, except the rural agricultural district, for only the following agricultural activities: pasturing, field crops, horticulture, fruit and nut production, forestry, beekeeping, AQUACULTURE, and mariculture. 2. The grant of the interim AGRICULTURAL USE shall be in harmony with the general intent and purpose of this Code, will not be injurious to the neighborhood or to adjoining properties, and shall not be otherwise detrimental to the public welfare. 3. Compliance with all elements of the GMP. 4. Compliance with all environmental regulations as identified in this Code or other County regulations and policies. I I 5. Ingress and egress to property and proposed STRUCTURES thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and ACCESS in case of fire or catastrophe. 6. Off-street parking and loading areas, where required, with particular attention to the items in subsection 5 immediately above and economic, noise, glare, or odor effects of the interim AGRICULTURAL USE on adjoining properties generally in the district. 7. Refuse and service areas, with particular reference to the items in subsections 5 and 6 above. 8. Utilities, with reference to locations, availability, and COMPATIBILITY. 9. Screening and buffering with reference to type, dimensions, and character. 10. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and COMPATIBILITY and harmony with properties in the district. 11. Required YARDS and other OPEN SPACE. 12. General COMPATIBILITY with ADJACENT. properties and other properties in the district. 13. Any special requirements established in Chapter Two for the particular use involved. Page 16 of 141 14. Any interim AGRICULTURAL USE shall expire one (1) year from the date it was granted, unless extended by action of the BZA. If, by that date, the use for which the interim AGRICULTURAL USE was granted has not been commenced, an interim AGRICULTURAL USE shall automatically expire two (2) years after the date of grant and must be reviewed by the BZA in order to be continued. Each subsequent renewal period shall be limited to two (2) years and must be reviewed by the BZA at the end of each two (2) year period in order to be continued. C. A mobile home may be used as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following: 1. Receipt of a temporary use permit; 2. Assurance that the temporary use permit for the mobile home will expire at the same time of the BUILDING permit for the single- family dwelling, or upon the completion of the single-family dwelling, whichever comes first; 3. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and 4. The mobile home must be removed at the termination of the permitted period. D. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: 1. Receipt of a temporary use permit; 2. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, BUILDING permit(s), ST permits, and the like; 3. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an ACCESSORY USE; 4. The initial temporary use permit may be issued for a maximum of three (3) years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities; 5. The APPLICANT utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five (5) acres in size. Any property lying within public road rights-of-way shall not be included in the minimum acreage calculations; and Page170f141 -- 6. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right- of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of-way line. 5.04.03 Temporary Uses during Construction During the construction of any DEVELOPMENT for which at least a preliminary DEVELOPMENT order has been granted, as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use permit shall be granted initially for a period not to exceed twenty-four (24) months in duration and may be renewed annually based upon demonstration of need and payment of a fee. A request for renewal shall be submitted to the County Manager or designee in writing thirty (30) days prior to the expiration of the temporary use permit. Temporary construction and DEVELOPMENT permits shall be allowed for the following uses: A. Temporary offices to be used for construction and administrative functions within the DEVELOPMENT. I B. Permits for temporary offices for single-family resid~ntial DEVELOPMENTS may be issued under the following circumstances: 1. Where the same developer or licensed BUILDING contractor performing the work has obtained a valid BUILDING permit to construct three or more homes in the same DEVELOPMENT. 2. Where a developer, owner-builder, or licensed BUILDING contractor performing the work has obtained a BUILDING permit for the construction of one single-family home which exceeds 2,500 square feet of air conditioned floor area and that a letter of justification of need is submitted to. and approved by, the County Manager or his designee (limited to one office). 3. The temporary offices shall be removed within 30 days of the issuance of a certificate of occupancy for the last home to have been issued a BUILDING permit. C. Temporary administrative offices to be used in conjunction with a bona fide AGRICULTURAL USE in the agricultural zoning district when located in the area designated agricultural on the Future Land Use Map of the Future Land Use Element of the GMP. D. Temporary classrooms on the site for existing npnprofit organizations, used to continue existing classroom activities, and in conjunction with an approved DEVELOPMENT ORDER. Permits for such classrooms will be issued in conjunction with an approved site improvement plan. Page 180f141 E. On-site storage of equipment and construction materials for use on the DEVELOPMENT site only. F. On-site mobile or MANUFACTURED HOME used as a temporary office or storage facility for persons engaged in the DEVELOPMENT of the site. G. On-site mobile radio and television equipment and antennae. H. On-site mobile or MANUFACTURED HOME for the use of a watchman or caretaker only. I. On-site temporary use of STRUCTURES and equipment for the BUILDING of roads, public utilities, and government projects. J. Off-site temporary parking on property which is located contiguous to the subject DEVELOPMENT, or would be contiguous except for a roadway that is not designated as a COLLECTOR or ARTERIAL in the Traffic Circulation Element of the GMP, with the written authorization of the property owner. K. Other on-site uses similar to the foregoing uses and determined by the County Manager or designee to meet the intent of Chapter 10. L. Proposed temporary STRUCTURES identified above require the submission of a conceptual site plan that addresses the requirements of Chapter 10. 5.04.04 Model Homes and Model Sales Centers A. Model homes and model sales centers are intended to facilitate the sale of the model design or of products similar in design to the model. Model homes and model sales centers shall be of a temporary nature and may be allowed in the following zoning districts: 1. Any residential zoning district or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a rural SUBDIVISION, by the issuance of a temporary use permit. 2. However, a model center as a permitted use within a PUD, and not located within a DWELLING UNIT or a temporary STRUCTURE, such as a trailer, shall not require a temporary use permit. B. Model homes and model sales centers located within residential zoning districts, or within a residential component of a PUD, shall be restricted to the promotion of a product or products permitted within the residential zoning district or PUD in which the model home or model sales center is located and further subject to the following: 1. Model homes shall only be permitted for DWELLINGS that have not been previously used as a residence. 2. A model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the Page 19 of 141 ~"- ~ --.... sale and marketing of the model or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 3. Model homes may be "wet" or "dry." a. Model homes permitted as "dry" models (unoccupied by a sales office and/or representative) shall be limited to a conditional certificate of occupancy allowing the use of the STRUCTURE as a model only, provided all required infrastructure is in place to service the unit. b. Model homes permitted as "wet" models (occupied by a sales office and/or representative) shall not be occupied until such time as all required infrastructure is available to service the unit and a permanent certificate of occupancy has been issued. c. Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in accordance with section 5.04.04(C). d. Model homes occupied by a sales office and/or representative must have all required landscaping, parking, and handicapped ACCESS on site. e. A temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a CONDITIONAL USE petition in accordance with Chapter 10 of this Code. 4. Model sales centers may be located in either a temporary STRUCTURE, usually a MOBILE HOME, or a permanent STRUCTURE which is either a residential DWELLING UNIT or a non-residential STRUCTURE. Temporary use permits shall be issued as follows: a. A temporary use permit for a sales center in a temporary STRUCTURE shall be issued initially for a period of three (3) years and may be renewed annually based upon demonstration of need. b. A temporary use permit for a sales center in a permanent STRUCTURE which is a residential DWELLING UNIT shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a CONDITIONAL USE petition in accordance with Chapter 10 of th is Code. c. A temporary use permit for a sales center in a permanent structure other than a residential DWELLING UNIT shall be Page 20 of 141 issued initially for a period of three (3) years and may be renewed annually on demonstration of need. 5. Temporary use permits for model homes or model sales centers to be located within a proposed single-family DEVELOPMENT prior to final plat approval may be requested by the APPLICANT and require: a. Administrative approval of a plat and construction plans showing all required infrastructure for the LOT(S) on which the model home or model sales center is to be located. b. A site DEVELOPMENT PLAN (SDP) pursuant to Chapter 10. c. A maximum of five (5) models, or a number corresponding to ten (10) percent of the total number of platted LOTS, whichever is less, per platted, approved DEVELOPMENT shall be permitted prior to final plat approval as specified above. d. The APPLICANT shall provide documentation that all required utilities will be available to the subject site, and, where required, shall depict such utilities in detail on the SDP. e. The PARCELS on which the models are located must ABUT a privately owned and maintained road, temporary in nature or permanently constructed to Collier County roadway standards. f. The boundaries depicted on the preliminary subdivision plat shall be depicted on the SDP in order to ensure compliance with the applicable DEVELOPMENT standards in effect on the subject property. g. Final LOT grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents. 6. Temporary use permits for model units or units used for sales centers in multi-family projects shall not be issued prior to plat recordation and final approval of the project site DEVELOPMENT PLAN. 7. All other temporary use requests for model homes shall require the submission of a conceptual plan which demonstrates that provisions will be made to adequately address the requirements of section 5.04.04(C). 8. Temporary use permits for a model sales center within an existing SUBDIVISION shall require a site plan as follows: a. In the case of a permanent structure which is a DWELLING UNIT, a site improvement plan (SIP) per section 10.02.04 of this Code; Page 21 of 141 .- ,.".."".~ ... n"_"_ .",--..,. b. In the case of a permanent structure which is other than a DWELLING unit, a site DEVELOPMENT PLAN (SDP); c. In the case of a temporary structure (MOBILE HOME or sales trailer), either a conceptual site plan (CSP) which addresses the requirements of section 5.04.04(C), d. A SIP, depending on the extent of the work required. 9. Temporary use permits for model homes to be located within a proposed single-family DEVELOPMENT may be approved following administrative approval of. ci plat and construction drawings for all required infrastructure encompassing the LOTS on which the models are to be constructed pursuant to section 4.03.00, and a CSP which addresses the requirements of section 5.04.04(C) of this Code. Unoccupied (dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate parking to support the model(s). 10. Temporary use permits for occupied (wet) model homes following SUBDIVISION approval shall require a CSP which addresses the requirements of section 5.04.04(C) of this Code. Temporary use permits for unoccupied model homes following SUBDIVISION approval shall require a CSP and shall be issued only in conjunction with an approved SDP or SIP for a model sales center which provides adequate parking to support the model(s). C. All model home site plans shall adequately address the following standards: 1. Traffic circulation and safety within the site as follows: All parking spaces shall be arranged in a manner for convenient and safe ACCESS for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site. 2. Minimum parking requirements: a. Four (4) parking spaces for the first model unit and one and one- half (1.5) spaces for each additional model unit (for dimensions see section 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved ACCESS aisle and barrier- free ACCESS to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. DRIVEWAYS and handicapped spaces shall be paved. Page 22 of 141 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on ADJACENT properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the RIGHT-OF- WAY and the parking area and a single row of hedges to screen the DRIVEWAY. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. ; I 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events A. Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant BUILDING of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) STREET FRONTAGE. In addition to Page 23 of 141 _.'~-- --. -- the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum YARD requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permi~~ may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the APPLICANT currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the APPLICANT. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The APPLICANT shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of Page 24 of 141 temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. '>1" g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, CHURCHES and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two (2) day permit for such events during each six (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No SIGNS shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the APPLICANT submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of t.en (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The Page 25 of 141 .--- -- -~~-"'. minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. 3. The APPLICANT shall provide a notarized letter from the property owner or the property manager granting permission to utilize the subject property for the temporary seasonal sale. 4. Temporary use permits for seasonal and/or holiday sales may, in support of the use being permitted, include the placement of one (1) SIGN, a maximum of thirty (32) square feet, or two (2) such signs for properties containing more than one (1) STREET FRONTAGE In addition to the placement of signs, merchandise, temporary structures, and equipment may be placed on the site. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this Code and shall be subject to the penalties herein. 5.04.06 ANNUAL BEACH EVENTS PERMIT A. The owner of BEACH-front commercial hotel-resort property shall apply for an annual BEACH events permit. The County Manager or his designee, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual BEACH events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of F.S. S 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. B. For purposes of this section, a "BEACH event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the BEACH and satisfying one or more of the following criteria: 1. The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or 2. The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or Page 26 of 141 3. The event: (a) Is attended by 25 or more people and is organized by or with the help of the commercial property owner; and (b) Is of a nature not commonly associated with the day-to-day use of the BEACH by the general public. C. Notice of scheduled events: 1. On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all BEACH events scheduled for the following month, in the form and content made a part of the annual BEACH events permit application. The notice shall indicate the date, time and duration of each event. 2. If a BEACH event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the county with a separate written notice at least 48-hours prior to such event. 3. All notices or documents furnished to Collier County pursuant to the permit or these regulations shall be sent to Collier County Planning Services Department and for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department as well. D. Event cancellations and postponements: 1. If a scheduled BEACH event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the county staff a minimum of four hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2. If a BEACH event is canceled or postponed, and no other BEACH events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of BEACH events authorized by the permit. Page 27 of 141 _".TO E. Sea turtle nesting season. Annual BEACH events which occur during sea turtle nesting season (May 1 st through October 31 st of each year) are also subject to the following regulations: 1. All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06 (C) '.. 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no structure set up, or BEACH raking or mechanical cleaning activity for any particular BEACH event shall commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. 3. Prior to all scheduled BEACH events, every BEACH event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a BE~CH, unless a greater distance is required by an applicable state permit. 4. Use of vehicles on the BEACH is prohibited, except as may be permitted under the Code of Laws of Collier County. 5. Consistent with section 10.02.06, all materials placed on the BEACH for the purpose of conducting permitted BEACH events: 1) must be removed from the BEACH by no later than 9:30 p.m. of the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any BEACH dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the permit. 6. All lights that are visible from the BEACH and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. 7. Identification of sea turtle nests on the BEACH may cause the BEACH event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in section 5.04.06, as part of its daily sea turtle monitoring. Page 28 of 141 8. Pole lighting, and any other object or structure designed to penetrate the BEACH surface by more than three inches shall be subject to the approval of the FDEP and Collier County. 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to Collier County Natural Resources Department. Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties, except that the annual BEACH events permit may not be suspended or revoked: 1. Violations which do not occur during sea turtle nesting season, Le., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. 2. Violations which occur during sea turtle nesting season and are: a. Any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a BEACH event prior to daily sea turtle monitoring; 2) failing to remove BEACH event materials from the BEACH by 9:30 p.m.; 3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by section 5.04.06; are subject to the following penalties: First violation: $1 ,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. b. Any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the county of a BEACH event; 2) failing to provide the county with copies of Florida Department of Protection permits prior to each BEACH event; or 3) having BEACH event materials or related structures set, Page 29 of 141 . .~.,-_."- placed, stored on, or within ten feet of any BEACH dune; are subject to up to a $500.00 fine. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES The specific land uses listed in this section are subject to supplemental site design and land DEVELOPMENT standards. Supplemental standards apply in addition to the site design and land DEVELOPMENT standards 9~ the zoning district in which the land use is located. 5.05.01 Businesses Serving Alcoholic Beverages A. Sale of alcoholic beverages. The County Manager or designee, may authorize the sale of alcoholic beverages for consumption on-site, subject to compliance with all zoning restrictions and the following locational criteria: 1. No such use shall be located within 500 feet of any established elementary, middle, or high school, CHILD CARE CENTER, public library, CHURCH, public park, or public playground. This does not include BEACH ACCESS points. The distance of 500 feet shall be measured as the shortest distance between the LOT on which the SCHOOL, CHILD CARE CENTER, public library, CHURCH, ppblic park, or public playground is located and the LOT on which the alcoholic beverages are to be sold, except that establishments located in SHOPPING CENTERS shall be measured to the outer wall of the establishment. 2. No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site. The distance of 500 feet shall be measured as the shortest distance between the LOT on which the existing establishment is located and the LOT on which the alcoholic beverages are to be sold, except that establishments located in SHOPPING CENTERS shall be measured to the outer wall of the establishment. 3. The erection of any SCHOOL, CHILD CARE CENTER, public library, CHURCH, public park, or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for consumption on-site shall not cause such establishment to become NONCONFORMING. 4. The County Manager or designee approval for the sale of alcoholic beverages for consumption on-site, granted pursuant to this section, shall expire after the following periods of time and shall thereafter become null and void: a. In the case of an existing structure, zoning approval shall expire six (6) months from the date of approval unless, within that period of time, operation of the alcoholic beverage Page 30 of 141 establishment has commenced. For purposes of this section, operation shall be defined as the sale of alcoholic beverages in the normal course of business. b. In the case of a new structure, zoning approval shall expire one (1) year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the County Manager 'or designee may grant one (1) extension for up to six (6) months. 5. The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10. 6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the APPLICANT and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on-site, from the SCHOOL, CHILD CARE CENTER, public library, CHURCH, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors:: a. The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing SCHOOL, CHILD CARE CENTER, public library, CHURCH, public park, or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights- of-way. b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the SCHOOL, CHILD CARE CENTER, public library, CHURCH, public park, or public playground. c. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. d. Procedures for the waiver of distance requirements are set forth in Chapter 10. 7. The following uses shall be exempt from the requirements of section 5.05.01. Page 31 of 141 -" -,-- a. Any RESTAURANT deriving at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages. b. Any MOTEL and/or HOTEL with 100 or more guestrooms. c. Any private club, golf club, country club, or civic or fraternal club may serve alcoholic beverages for consumption on-site when such service is incidental to the main use and for the exclusive use of the members, tenants, and/or guests of the facility. 8. Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on- premises shall, upon written demand of the County Manager or designee, make, or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all marina facilities. B. Proposed DEVELOPMENTS will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed DEVELOPMENT is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a PARCEL for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on-water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and ACCESS, will not impact native marine Page 32 of 141 habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). 2. A moderate ranking is given to a site where: there is a adequate water depth and ACCESS, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and ACCESS, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site DEVELOPMENT process reviews. 5. Table of Siting Criteria Water Depth Native Marine Habitat Manatee Use (Measured at MLW) 4 ft. or more Less than 4 ft. No Impact Not High High Impact1 Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X lFor shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a DENSITY of up to eighteen (18) boat slips for every 100 feet of SHORELINE. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps i~ allowed. 2. Moderate DEVELOPMENT sites. New or expanded wet slips and multi-family facilities shall be allowed at a DENSITY of up to ten (10) boat slips for every 100 feet of SHORELINE. Expansion of Page 33 of 141 ..-^- -...........-.^ .-~-. '--.--'.' existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a DENSITY of one (1) boat slip for every 100 feet of SHORELINE. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. E. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code. 5.05.03 Farm Labor Housing A. This section is intended to apply to those agricultural situations where housing is required for permanent or transient farm labor. Housing established under this section shall be used exclusively for that purpose and no other. It is intended that housing under this section shall be erected only in the rural agricultural district and only when such housing meets the requirements and procedures of this section. It is the intent of this section that housing for farm labor shall be in the nature of a planned DEVELOPMENT, but with restrictions designed to meet the peculiar requirements of the farm labor market and the necessities of the health, safety, and general welfare of the farm laborers and the general public. B. The following housing types are permitted as farm labor housing, either as PRINCIPAL BUILDINGS or ACCESSORY BUILDINGS: 1. SINGLE-FAMIL Y DWELLINGS. 2. MOBILE HOMES. 3. DUPLEXES. 4. MUL TIPLE-FAMIL Y DWELLINGS. 5. TTRVCs. Page 34 of 1 41 C. In addition to uses and structures that are ACCESSORY and incidental to farm labor housing uses, the following specific ACCESSORY USES are permitted: 1. Caretakers' residences. 2. CHILD CARE CENTERS. D. No construction for the housing of farm labor shall be erected until a SDP has been approved. '.-i. .... E. Standards 1. Farm labor housing shall be set back a minimum of 1,000 feet measured from the nearest point of construction to any state, federal, or County highway RIGHT-OF-WAY line. 2. No on-site farm labor housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or ten (10) acres, whichever is less. Off-site farm labor housing for laborers shall have a land area of not less than one (1) acre nor more than ten (10) acres. 3. STREETS shall be surfaced with a hard dustless material. I :1 'I 4. At least 300 square feet shall be provided for each LOT or Dwelling Unit for OPEN SPACE and recreation area. 5. Certification required by chapter 10D-2S, F.A.C., as a migrant labor camp shall be required. 6. Table of Dimensional Standards Single-family or Duplex or Multi- Dormitory Mobile Home familv Housina Minimum lot area (sa. f1.) 4,000 43,560 43,560 Minimum lot width (ft.) 40 100 100 Minimum setbacks (ft.) Front yard 10 20 20 Side yard 5 20 20 Rear vard 10 20 20 Maximum BUILDING heiaht (ft.) 30 30 30 Minimum floor area (sa. ft.) 500 500 500 5.05.04 Group Housing A. All GROUP HOUSING structures shall meet the following requirements specified for each type of structure. All proposals for GROUP HOUSING, except FAMILY CARE FACILITIES, shall be processed with a SDP. B. A FAMILY CARE FACILITY shall be treated as a single-DWELLING UNIT for the purpose of determining applicable DEVELOPMENT Page 35 of 141 - - 0___"'"'__. standards and, therefore, shall conform to the standards identified for a SINGLE-FAMILY DWELLING UNIT or MOBILE HOME in the zoning district assigned to the property, as well as other applicable standards found in this Code. However, a new family care facility shall not be located within a radius of 1,000 feet of another existing family care facility. C. Table of site design standards for category I and category II GROUP CARE FACILITIES: Cate 0 I and " Homeless Shelters 1 ,500 + 200 for each 1 ,500 + 150 for each Minimum habitable floor area s . ft. erson over six erson over six 6,000 + 1 ,500 for 6,000 + 400 for each each erson over six erson over six Parkin s aces Separation requirement from an existing group care facility in RMF-6, RMF-12, RMF-16, RT, and VR zoning Radius of 1 ,200 feet or more districts Separation requirement from an existing group care Radius of 500 feet or more facilit in A, estates, and RSF 1--6 zonin districts Special setback requirements for property abutting 20 feet from residential property line residential zonin districts Special setback requirements for property abutting 25 feet of a road right-of-way line roadwa s D. All other care housing environments as defined in this Code, including, but not limited to, CARE UNITS, assisted living units, continuing care retirement communities, nursing homes, and DWELLING UNITS that are part of an aging-in-pace living environment shall adhere to the following standards in addition to those established by the underlying zoning district. 1. The maximum FLOOR AREA RATIO shall not exceed 0.45. 2. No structure shall be erected within twenty (20) feet of any ABUTTING LOT or PARCEL which is zoned residential, nor within twenty-five (25) feet of a road RIGHT-OF-WAY. 3. Parking spaces required: a. Independent living units. One (1) per DWELLING UNIT. b. Assisted living units. 0.75 per assisted unit. c. Nursing CARE UNITS. Two (2) parking spaces per five (5) beds. 4. The procedures for applications and review of proposed GROUP CARE FACILITIES are set forth in Chapter 10. Page 36 of 141 5.05.05 Automobile Service Stations A. The purpose of this section is to ensure that AUTOMOBILE SERVICE STATIONS do not adversely impact ADJACENT land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with service stations, particularly those open twenty- four (24) hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of..the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of AUTOMOBILE SERVICE STATIONS. B. Table of site design requirements: Site Standards Minimum lot area (sa. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot deoth (ft.) 180 Separation from ADJACENT AUTOMOBILE SERVICE STATIONS (ft.) (based on distance between nearest ooints) 500 Minimum setbacks: Front yard 50 ! I Side yard 40 1 Rear yard 40 I C. BUILDING architecture shall meet the requirements of section 5.05.08. D. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. RIGHT-OF-WAY BUFFER landscaping: a. Landscaping ADJACENT to rights-of-way external to the DEVELOPMENT project shall be located within a LANDSCAPE BUFFER easement which is a minimum of twenty-five (25) feet in width. Water management swales shall not be located within these BUFFER areas; however, water management facilities such as underground piping shall be permitted. b. An undulating BERM with a maximum slope of 3:1 shall be constructed along the entire length of the LANDSCAPE BUFFER. The BERM shall be constructed and maintained at a minimum average height of three (3) feet. The BERM shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. c. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the RIGHT-OF-WAY BUFFER shall be limited to landscaped areas ADJACENT to vehicular ACCESS points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum Page 37 of 141 -.. --'.~. of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty-five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one-half (3 %) in~h caliper at twelve (12) inches above the ground and a six (6)foot spread. At installation, shrubs shall be a minimum of ten (10) gallon, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center. 2. Landscaping ADJACENT to all other property lines: a. Side property boundaries (other than those ADJACENT to rights-of-way) shall be planted with single row hedges consistent with the minimum requirements of section 4.06.00, Landscaping and Buffering. b. Rear property boundaries (other than those ADJACENT to:road rights-of-way) shall be planted with a single row hedge.' The hedge shall be a minimum height of four (4) feet at planting, planted at three (3) feet on center, and shall be maintained at a height of five (5) feet. c. Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. Page 38 of 141 " 1......IM.IlIJIlJ ~ . I I 1 .......... h'W!4 ~... --~. -'-PI I 1.=1 ~.. ..... 1___ -.... .-.j _u ~... "., ~_.~..... · · - Dt1Ar14&... ..J r - ~C ., ~~;wwm. Illustration 1 - Auto Service Station R.O.W. Landscape Requirements E. AUTOMOBILE SERVICE STATION sites shail be separated from ADJACENT residentially zoned or residentially developed properties by an architecturally designed six (6) foot high masonry wall or fence Page 39 of 141 ",.~_.... -"- ~'-""- utilizing materials similar in color, module, and texture to those utilized for the BUILDING. Landscaping shall be planted on the residential side of the fence or wall. 1. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the APPLICANT and determined by the BZA that the site proposed for DEVELOPMENT of an AUTOMOBILE SERVICE STATION is separated from another AUTOMOBILE SERVICE STATION by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: a. Whether the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing AUTOMOBILE SERVICE STATION is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable WETLANDS, designated preserve areas, canals, and a minimum of a four (4) lane ARTERIAL or COLLECTOR RIGHT-Of-WAY. b. Whether the AUTOMOBILE SERVICE STATION is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, gasoline, and other convenience items during daytime, nighttime, or on a twenty-four (24) hour basis. c. Whether the service station is located within a SHOPPING CENTER primarily accessed by a DRIVEWAY, or if it fronts on and is accessed directly from a platted road right-of-way. d. Whether the granting of the distance waiver will have an adverse impact on ADJACENT land uses, especially residential land uses. F. Lighting. 1. All lighting facilities shall be directed away from adjoining properties. 2. On-site luminaries shall be of low level, indirect diffuse type, and shall not exceed a height of greater than twenty (20) feet above finished GRADE. 3. Lighting located undemeath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located undemeath said canopy. Page 40 of 141 G. All restrooms shall be located inside or to the side or rear of the BUILDING. H. As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated with the design of the service station shall be provided. /. Storage tanks shall be located below GRADE. J. There shall be no outside displays of products, stacking of tires, or other merchandise. K. No AUTOMOBILE SERVICE STATION shall have an entrance or exit for vehicles within 200 feet along the same side of a STREET as a SCHOOL, public playground, CHILD CARE CENTER, CHURCH, hospital, public library, orany institution for dependents or for children, except where such property is in another BLOCK. L. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one (1) color, consistent with the predominant color of the PRINCIPAL STRUCTURE, if applicable. The color of all structures on-site shall be of soft earth tones or pastels. M. Each AUTOMOBILE SERVICE STATION shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service in case of emergencies. N. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but strictly and only as ACCESSORY and incidental to the principal business operation. 9. Provision of road maps and other information. Page 41 of 141 .-.. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed BUILDING. 12. Uses permissible at an AUTOMOBILE SERVICE STATION do not include major mechanical and body work, straightening of frames or body parts, steam cle~ning, painting, welding, storage of automobiles (except as expressly permitted in. subsection 13. below), commercial garage as an ACCESSORY. USE, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. An AUTOMOBILE SERVICE STATION is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station or if the vehicles have been towed by the service station and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other ;than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an ACCESSORY USE. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. O. Procedural requirements are set forth in Chapter 10. 5.05.06 Private Airports A. The APPLICANT must control the airspace within 700 feet from the ends of the primary surface(s). The control is to prevent any AIRPORT HAZARDS from being grown, erected, or otherwise placed within a glide path of twenty (20) to one (1) from the ends of the primary surface. This control may be created by ownership, right-of-way, easement, or a combination thereof. B. The SETBACK for the primary surface shall be 200 feet. C. Other structures must conform with SETBACKS of the underlying district; however, they may not be placed within fifty (50) feet of the primary surface. 5.05.07 Townhouse DEVELOPMENT A. Table of site design standards: I I Site Standards I Page 42 of 141 , . Minimum lot area s . ft. 2,500 Minimum lot width ft. 30 Minimum setbacks: Front yard - front entry garage 20 Front yard - side entry garage 10 Side yard A Rear yard - principal structures 20 Rear ard - accesso structures 10 A = ZERO (0) LOT LINE; otherwise ten (10) feet for PRINCIPAL STRUCTURES, or one- half (1/2) the height of the sum of the walls facing one another, whichever is greater. 5.05.08 Architectural Standards for Commercial BUILDINGS and Projects A. Purpose and intent The purpose of these standards and guidelines is to supplement existing DEVELOPMENT criteria with specific criteria that apply to the design of commercial BUILDINGS and projects. Commercial DEVELOPMENT depends on high visibility from major public streets. In tum, their design of BUILDING(s) and site determines much of the image and attractiveness of the streetscapes and character of a community. Massive and/or generic DEVELOPMENTS that do not contribute to, or integrate with, the community in a positive manner can be detrimental to a community's image, and sense of place. The goal is to create and maintain a positive ambiance and strong community image and identity by providing for architectural and site design treatments which will enhance the visual appearance of commercial DEVELOPMENT in Collier County, while still providing for design flexibility. These standards are intended to enhance the quality of life in Collier County. The prominent styles of architecture in Collier County include: a blend of Spanish Mediterranean with barrel tile roofs, stucco facades, arches and wood accent members used as typical details; Florida Cracker style, which includes metal roofs and covered porches; and Bermuda/Island Regency which includes white tile roofs with stucco facades and quoins used as typical details. While no particular style of architecture is prohibited herein, the above referenced individual styles, and the interpretation or blending of characteristics associated with these styles are encouraged. These standards and guidelines incorporate a basic level of architectural design with site design features which incorporate safe and convenient vehicular use areas and pedestrian ways, and landscape, lighting and signage treatments intended to result in a comprehensive plan for BUILDING design and site DEVELOPMENT consistent with the goals, policies and objectives of the Collier County Growth Management Plan and the purpose and intent of this Code. These regulations are intended to promote the use of Crime Prevention Through Environmental Design (C.P.T.E.D.) principals including: visibility - visibility for law enforcement Page 43 of 141 -.~._- --. and other people in the area; natural surveillance - placing areas of activity where they can be seen by law enforcement and the public; and defensible space - designing areas which people will take as their own and not be willing to relinquish this space other undesirable activities. B. Applicability Provisions of this division are applicable in all commercial zoning districts, commercial and non-residential components of PUD. districts, ORis, business park districts, industriaf'zoned areas and all other zoning districts for non-residential DEVELOPMENTS and BUILDINGS fronting on arterial or COLLECTOR ROADS as described by the transportation circulation element of the growth management plan, when located in the urban residential areas as indicated on the future land use map of the growth management plan, as provided below: 1. Renovations and redevelopment: In the case of additions or renovations to, or redevelopment of, an existing BUILDING or project, where the cost of such addition, renovation, or redevelopment exceeds 50 percent of the value of the existing structure(s), or 20 percent of the square footage of the existing structures, the provisions of this division shall apply. 2. Discontinuance: The provisions of section 9.03.00 of this Code do not apply to the provisions of section 5.05.08 which require structural ALTERATIONS and are superseded by the following. Where the use of a structure ceases for any reason, except where governmental action impedes ACCESS to the premises, for a period of more than 365 consecutive days, the provisions of this Code which may require structural ALTERATIONS shall be adhered to prior to reoccupancy of the structure. With respect to vehicular use and required landscape areas, the provisions of this section shall apply where the use of a structure ceases for any reason, except where governmental action impedes ACCESS to the premises, for a period of more than 180 consecutive days. 3. Required site DEVELOPMENT or improvement plan. Compliance with the standards set forth in this division shall be demonstrated by submittal of architectural drawings and a site DEVELOPMENT plan or site improvement plan in accordance with section 10.02.03 of this Code. 4. Illustrations. Illustrations provided in this. section 5.05.08 are intended to provide a graphic example of a specific provision or provisions set forth herein. Variations from these illustrations which nonetheless adhere to the provisions of this division, are encouraged. Page 44 of 141 5. Non-commercial DEVELOPMENT: Non-commercial use applications shall demonstrate that the intent of this section can be effectively accomplished without meeting the specific DEVELOPMENT standards of this section. Designs which are responsive to the context and proposed use and demonstrate a well considered design theme may request an administrative review of the alternative approach and design. In addition to the b~~e submittal requirements, APPLICANTS shall clearly label the plan submitted as an "Alternative Architectural Design Standards Plan" and shall reference the requested deviations on the plan and shall submit a descriptive narrative which specifically identifies the code DEVELOPMENT standards required by this section which is/are being proposed to be addressed through the alternative approach. Supplemental submittal and narrative descriptions must be provided which supports the APPLICANT'S submission. The County Manager or his designee will administratively review submittal documents for consistency with the intent of this section and if the plan is approved through this provision, shall specifically note the approved deviations and the basis of the approval within the site DEVELOPMENT plan approval letter. Deviations approved shall be applicable only to the specific design and plan reviewed. Modifications of an approved design shall void the administrative approval of the deviation and require resubmittal of the deviation request to planning services staff for re-evaluation of the request in the context of the amended design and plan. C. Architectural and site design standards and guidelines for commercial BUILDINGS and projects with a gross BUILDING area of 20,000 square feet or larger. Compliance with the standards set forth in this section shall be demonstrated by submittal of architectural drawings and a site DEVELOPMENT plan in accordance with section 10.02.03 of this Code. 1. Off street parking design. As provided for in section 4.05.00, and subject to the following provisions: a. Purpose and intent. Commercial BUILDINGS and projects, including their outparcels shall be designed to provide safe, convenient, and efficient ACCESS for pedestrians and vehicles. Parking shall be designed in a consistent and coordinated manner for the entire site. The parking area shall be integrated and designed so as to enhance the visual appearance of the community. b. Design standards. Parking, utilizing the same degree of angle, Page 45 of' 41 -,,"", shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation. A single bay of parking provided along the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site. The mixture of one-way and two-way parking aisles, or different degrees of angled parking within any parking area is prohibited, except as noted above, or where individual parking areas are physically separated from one another by a continuous LANDSCAPE BUffER, a minimum five feet in width with limited ACCESS. LANDSCAPE BUFfERS for these locations shall use landscape material other than grass for separation of parking areas (See Illustrations 5.05.08 C.1 and 5.05.08 C.2 below). 11\ ........ .."1ft. It::r'~ m -- ...,...... z. ~ P,~.... . -f--t5TR!.I.T ~ DC ,...t. -- . . Illustration 5.05.08 C.1 Page 46 of 141 - '-l.1NI . . N'-'" ~ ~H I~I11~ 1t..~ .... ~... ~S1RIG ~ DDNT Do ""'6 I Illustration 5.05.08 C.2 i. Maximum parking: Parking in excess by 20 percent of the minimum parking requirements shall provide additional landscaping as described in section 4.05.04 of this Code. c. Parking for projects. Projects shall be designed to adhere to the following standards: i. Interior lots. No more than 50 percent of the off-street parking for the entire commercial BUILDING or project shall be located between any primary facade of the commercial BUILDING or project and the ABUTTING street or navigable waterway. (See Illustration 5.05.08 C.3 below). P~ge 47 of 141 ..,-.- -- . - ~"~--' . am. .. . r-l~MA" h=il .l~_ I' NlD'=~ _~~OI'bK_ lW ~. , - ySD.UT- -~ Illustration 5.05.08 C.3 ii. Corner lots. No more than 80 percent of the off-street parking for the entire commercial BUILDING or project shall be located between any primary facade of the commercial BUILDING or project and the ABUTTING street or navigable waterway area, with no single side to contain more than 65 percent of the required parking. (See Illustration 5.05.08 C.4 below). Page 48 of 141 I eN"""" ~ STRIIr e. 41 aot. OF RElUGQ ~... fAta6 . ttftAtj 2"ft. Of a.tnRD ......... ~B to. fOiSt. oP tteau'InD"~ -. AM'A.e t.o...,,.., CfI lfIA\lftED fl\IaaN4t - - Illustration 5,05.08 C.4 d. Parking structure standards: a minimum of 60 percent of any primary facade of a parking structure or covered parking facility shall incorporate two of the following (see Illustration 5.05.08 C.5 below for examples): i. transparent windows, with clear or lightly-tinted glass, where pedestrian oriented businesses are located along the facade of the parking structure; Page 49 of 141 --- -..---- ii. display windows; iii. decorative metal grille-work or similar detailing which provides texture and partially and/or fully covers the parking structure opening(s); iv. art or architectural treatment such as sculpture, mosaic, glass bloc~1. opaque art glass, relief work, or similar features; or, v. vertical trellis or other landscaping or pedestrian plaza area. c."~~ p. .......~ ~ .. ..~ ......, I I I 1 -... ....1\Af ....... '-~ .......1 Illustration 5.05.08 C.5 2. Lighting. a. Purpose and intent. Commercial BUILDINGS and projects, including their outparcels shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire site. The lighting and lighting fixtures shall be integrated and designed so as to enhance the visual impact of the project on the community and/or blends into the landscape. Page 50 of 141 b. Shielding standards. Lighting shall be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on ADJACENT streets and all ADJACENT properties. c. Fixture height standards. Lighting fixtures shall be a maximum of 30 feet in height within the parking lot and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas (see Illustration 5.05.08 C.6 below). . Illustration 5.05.08 C.6 d. Design standards. Lighting shall be used to provide safety while accenting key architectural elements and/or to emphasize landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project. This Page 51 of 141 ---~. > - -,--'"._~,,- - can be accomplished through style, material or color (excluding florescent, primary and/or secondary colors) or be designed to blend into the landscape through the use of dark colors such as bronze. Mill finish is not permitted. 3. Service Function Areas (BFA) including but not limited to loading, storage, mechanical equipment, and solid waste disposal. '.. a. Purpose and intent. To diminish, in a safe manner, the visual impacts of service functions that may detract or have a negative impact on the streetscape, landscape and/or the overall community image. b. BUFFERING and screening standards. In accordance with the provisions of Chapter 4 of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used 'cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from ADJACENT properties at ground view level and in view of roadway corridors. I \ c. Materials and design standards. Screening material and design shall be consistent with design treatment of the primary facades of the commercial BUILDING or project and the landscape plan. d. Drive-through window standards. Drive-through windows and lanes shall be designed to adhere to the following standards: i. Drive-through windows shall not be placed between the right-of-way of a primary collector or ARTERIAL ROADWAY and the associated BUILDING, unless the vegetation required by a Type "B" LANDSCAPE BUFFER is installed within the BUFFER width required for the project and maintained along the entire length of the drive-through lane between the drive-through lane and the ADJACENT right-of-way. As an alternative to the vegetative BUFFER referenced above, a permanent covered porte-cochere type structure, other than awning/canvass type structure(s), may be installed extending the width of the drive-through and covering the service window(s). Such structure shall be integrated structurally and architecturally into the design of the BUILDING. ii. Only a single drive-through facility is permitted. 4. Pedestrian walkways. Page 52 of 141 a. Purpose and intent. To provide safe opportunities for altemative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the BUILDING or project, which includes the area between and including the parking areas and the BUILDING perimeter, and between alternative modes of transportation. b. Pedestrian access standards. Pedestrian ways, linkages and paths shall be provided from the BUILDING entry(s) to surrounding streets, external sidewalks, outparcels and parking areas. Pedestrian ways shall be designed to provide ACCESS between parking areas and the BUILDING entrance(s) in a coordinated and safe manner through the incorporation of walkways, sidewalks and crosswalks. Pedestrian ways may be incorporated within a required landscape perimeter BUFFER, provided said BUFFER is consistent with the exceptions outlined in Chapter 4 of this code. Shared pedestrian walkways are encouraged between ADJACENT commercial projects. c. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of one for each public vehicular entrance to a project, excluding ingress and egress points intended primarily for service, delivery or employee vehicles. d. Minimum dimensions. Pedestrian walkways shall be a minimum of five feet wide. e. Materials. Pedestrian walkways shall be consistent with the provisions of section 4.5 of the Americans with Disabilities Act (ADA), Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete or stamped pattern concrete. f. Pedestrian crosswalks at BUILDING perimeter. BUILDING perimeter crosswalks shall be designed and coordinated to move people safely to and from BUILDINGS and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings. g. Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds 100 linear feet in length at a minimum ratio of 100 square feet of shade~ area per every 100 linear feet of walkway. Shade structures may be natural, manmade or a combination of both. Page 53 of 141 ._~ ---,. 5. BUILDING design. a. Purpose and intent. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community. BUILDINGS shall have architectural features and patterns that provide visual interest from the perspective of the pedestrian; reduce massing aesthetic; recognize local character, and be site responsive. Facades shall be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls, while providing visual interest that will be consistent with the community's identity and character through the use of detail and scale. Articulation is accomplished by varying the BUILDING'S mass in height and width so that it appears to be divided into distinct massing elements and details that can be perceived at the scale of the pedestrian (see Illustration 5.05.08 C.7 below). Page 54 of 141 "" ..... filL DoT... .. --- , ~ tJGru.. Illustration 5.05.08 C.7 Page 55 of 141 Corner lots at an intersection of two or more arterial or COLLECTOR ROADS shall be designed with additional architectural embellishments, such as corner towers, or other such design features, to emphasize their location as gateways and transition points within the community. b. BUILDING orientation standards. Facades/elevations that are ADJACENT to an ARTERIAL or COLLECTOR .STREET, or a navigable waterway, shall have two of the following design features; '" i. Windows at a minimum of 40 percent of the affected facade; ii. Projected covered public entry with a minimum of 25 percent of the wall space devoted to windows: iii. Covered walkway (excluding canvas type) unless provided with six (6) inch columns or better attached to the BUILDING at a minimum of eight feet wide with a 60 percent minimum coverage for the affected facade. c. Facade/wall height transition. New DEVELOPMENTS that are located within 300 feet of an existing BUILDING, and are more than twice the height of any existing BUILDING within 300 feet shall provide transitional massing elements to transition between the existing BUILDINGS of lower height within 300 feet, and the proposed DEVELOPMENT. The transitional massing element can be no more than 100 percent taller than the average height of the ADJACENT BUILDINGS (see Illustration 5.05.08 C.8 below). Page 56 of 141 ~J1IIIIN~. Tt . --=JJ .u= ... ..'.. ~N NIN .. Ht,W CfIIIIc1 . Illustration 5.05.08 C.8 d. Facade standard. All primary facades of a BUILDING shall be designed with consistent architectural style, detail and trim features. Facades attached to a primary facade shall incorporate features of the primary facade for a minimum of 33 percent of the overall wall length measured from the attached primary facade. In the case of outparcel BUILDINGS, all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary facades. i. Window standards: Windows shall not appear to be false or applied. ii. Awning standards: These standards apply to awnings associated with and attached to a BUILDING/structure. (See Illustration 5.05.08 C.9) Page 57 cf 141 .- T .4>- IIantwd Awning ..... not lie bee. ............. will ........ .1IIt ... cadi.......... far ............. ... A~ r .AI It ..... Illustration 5.05.08 C.9 Mansard awnings which are awnings that are more than 90 percent of a facade or those that connect two facades shall adhere to all roof standards of this section of this Code. All other awnings which are awnings that constitute less than 90 percent of a facade and which do not provide a connection between facades shall adhere to the following standards: a) Awnings may be backlit provided the illuminated portion of the awning with graphics does not exceed the size limitations and standards of this Code. Automobile sales parking lot awnings: Shade awnings may be erected in automobile sales parking lots subject to the following requirements and standards: Page 58 of 141 a) No shade awning structure shall be constructed within 75 feet of any public or private street. b) No one shade awning structure may exceed an area sufficient to provide cover for more than 20 automobilesl. . c) The minimum separation between shade awning structures shall be 100 feet. d) Multi-colored shade awning structures are prohibited and the use of black, gray, florescent, primary and/or secondary colors is prohibited. Earth- tone colors are encouraged. iii. Overhead doors: Overhead doors facing one another may be treated as interior space provided that, the BUILDINGS meet all other requirements of this section 5.05.08. (See Illustration 5.05.08 C.1 0 below) I i - -..... I I 1 \ I - - .. When ovem..d doo.. face ..ch other they may be treated .8 one buIldIng VI rD Illustration 5.05.08 C.10 Page 59 of 141 e. Massing standards. Exterior facades shall be designed to employ the following design treatments on the ground floor: i. No horizontal length or uninterrupted curve of a BUILDING facade shall exceed 100 linear feet. For arcaded facades, no horizontal length or uninterrupt~d curve of the arcaded facade shall exceed 120 feet, but varied lengths are desirable. Projections and recesses shall have a minimum depth of three feet with 25 percent of these having a varied length with a minimum differential of one foot (See Illustration 5.05.08 C.11 below). I -...---( \ . 'L ' -~ \ \ , Do 1111. Illustration 5.05.08 C.11 ii. Exterior wall planes shall not constitute more than 60 percent of each affected ground floor facade. The wall plane shall be measured at one foot off the exterior wall surface on each side of the wall. iii. Primary facades on the ground floor shall have features along a minimum of 50 percent of their horizontal length per affected side. These features include, but are not limited to: arcades, a minimum of six feet clear in width; Page 60 of 141 display windows; entry areas; or other such design elements. Awnings are included in this calculation at 1.5 times the window width when associated with windows/doors and are in increments of 20 feet in length or less. f. Project standards. Both single and multi-use BUILDINGS and projects shall also be required to provide a minimum of four of the following BUILDING design treatments (see Illustrations 5.05.08 C.12 and 13 below): i Canopies or portico, integrated with the BUILDINGS massing and style; ii. Overhangs, minimum of three feet; iii. Arcades, minimum of eight feet clear in width; iv. Sculptured artwork; v. Raised cornice or BUILDING banding with a minimum of two reliefs; I vi. Peaked roof forms; vii. Arches; viii. Display windows; ix. Ornamental and structural architectural details, other than cornices; which are integrated into the BUILDING structure and overall design; x. Clock bell towers or other such roof treatment (i.e. dormers, belvederes, cupolas); xi. Projected and covered entry, five foot minimum; xii. Emphasized BUILDING base, minimum of three feet high and minimum projection from the wall of two inches; xiii. Additional roof articulation above the minimum standards, (see roof section); xiv. Metal or tile roof as the dominant roof material; or xv. Any other treatment which, in the opinion of the Page 61 of 141 County Manager or his designee, meets the intent of this section: and one of the following site design elements: i. Decorative landscape planters or planting areas, a minimum of five feet wide, and areas for shaded seating consisting of a miniroum of 100 square feet; ii. Integration of specialty pavers, or stamped concrete along the BUILDING'S walkway. Said treatment shall constitute a minimum of 60 percent of walkway area; or, iii. Water elements, a minimum of 150 square feet in area; or iv. Two accent or specimen trees (above the minimum landscape Code requirements) along the front facade with a minimum height of 18 feet at planting. Page 62 of 141 . . . . . . . 4 · . . . . 1 . I . " .. I I," I . . . " . Ul"tO\rIOto.l ~ . . t . . .. """"'IIt) e.~ w.~ I'~"'H. M:r. . d\f ".; W""n0t.4 J.....'r1N' ~'tYSI. ..,.. " Illustration 5.05.08 C.12 Page 63 of 141 ---,," ^ ~.~ -_._.. OIe.R~Q ........ - ~1lI' N;r. ~. Illustration 5.05.08 C.13 g. Detail Features i. Purpose and intent. The design elements in the following standards shall be integral parts of the BUILDING's exterior facade and shall be integrated into the overall architectural style. These elements shall not con,sist solely of applied graphics, or paint. ii. Blank wall areas. Blank wall areas shall not exceed ten feet in vertical direction nor 20 feet in the horizontal direction Page 64 of 141 of any primary facade. For facades connected to a primary facade this shall apply to a minimum of 33 percent of the attached facade measured from the connection point. Control and expansion joints within this area shall constitute blank wall area unless used as a decorative pattern and spaced at intervals of six feet or less. Relief and reveal work depth must be a minimum of one-half inch (see Illustration 5.05.08 C.14 below). Blank wall area may util.ize landscaping to assist in reducing the blank wall area. Landscaping shall not be in lieu of architectural treatment. . (See Illustration 5.05.08 C.15 below). 'e1.J~ >>ttJ~ hunV4.. ,.,,*'~ ~WMLNISA . Illustration 5.05.08 C.14 Page 65 of 141 ~u..a IcHCk iVtHte. ~ krS - . - Illustration 5.05.08 C.15 I I Hi. Repeating facade treatments. BUILDING facades shall include a repeating pattern and shall include no less than three of the design elements listed below. At least one of these design elements shall repeat horizontally. All design elements shall repeat at intervals of no more than 50 feet, horizontally and a maximum of 15 feet vertically. a) Color change; b) Texture change; c) Material module change; d) Expression of architectural or structural bays, through a change in plane of no less than 12 inches in width, such as a reveal, an offset, or a projecting rib (see Illustration 5.05.08 C.16 below); Page 66 of 141 . 9rIfIJC.TU 1..&14, Illustration 5.05.08 C.16 e) Architectural banding; f) BUILDING setbacks or projections, a minimum of three feet in width on upper level(s) or, g) Pattem change h. Additional facade design treatments for multiple use BUILDINGS. i. Purpose and intent. The presence of BUILDINGS with multiple tenants creates variety, breaks up large expanses of uninterrupted facades, and expands the range of the site's activities. Windows and window displays of such stores shall be used to contribute to the visual interest of exterior facades. The standards in this section are directed toward those situations where more than one retailer, with separate exterior customer entrances, are located within the principal BUILDING. ii. First floor primary facade treatments. a) The first floor of the primary facades shall, at a minimum, utilize windows between the heights of three feet and eight feet above the walkway grade for Page 67 of 141 .-.~-- no less than 30 percent of the horizontal length of the BUILDING facade. b) Windows shall be recessed, a minimum of one- half inch, and shall include visually prominant sills, shutters, stucco reliefs, or other such forms of framing. i. Out parcels. . i. Purpose and intent. To provide unified architectural design and site planning between outparcel structures and the main structure on the site in order to enhance the visual impact of the structures and to provide for safe and convenient vehicular and pedestrian ACCESS and movement within the site. ii. Out parcel design: All exterior facades of an outparcel structure shall be considered primary facades and shall employ architectural, site, and landscaping design elements which are integrated with and common to those used on the primary structure on site. These common design elements shall include colors and materials associated with the main structure. When the use of common wall, side by side DEVELOPMENT occurs, continuity of facades and consolidated parking for several businesses on one parking lot may be used. Outparcel structures that are ADJACENT to each other shall provide for vehicular connection between their respective parking lots and provide for interconnection of pedestrian walkways. j. Roof treatments. i. Purpose and intent. Variations in roof lines shall be used to add interest to, and reduce the massing of BUILDINGS. Roof features shall be in scale with the BUILDING's mass and complement the character of adjoining and/or ADJACENT BUILDINGS and neighborhoods. Roofing material should be constructed of durable high quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. ii. Roof edge and parapet treatment. At a minimum of two locations, the roof edge and/or parapet shall have a vertical change from the dominant roof condition, a minimum of Page 68 of 141 three feet. At least one such change shall be located on a primary facade ADJACENT to a collector or arterial right-of- way (see Illustration 5.05.08 C.17 below). One additional roof change must be provided for every 25,000 square foot increment over 50,000 square feet of ground floor space. . f.1La,. ~B1t2 . bo .THi~ . ~ f.U) IEooF ~. a .. . . , .' J=m: . . .. II ... . .af afm . . . . II . . I I !JOl THI6 n Illustration 5.05.08 C.17 iii. Roofs shall meet the following requirements: (See Illustration 5.05.08 C.18 below) a) Parapets shall be used to conceal roof top equipment and flat roofs; b) Where overhanging eaves are used, overhangs shall be no less than two feet beyond the supporting walls. Where overhangs are less than two Page 69 of 141 -"--,. -~_.~_.._...~- N__" feet they shall be provided with a band or cornice, a minimum of eight inches under the soffit at the wall. c) Facia shall be a minimum of eight inches: 00 T t\1~ Illustration 5.05.08 C.18 d) Tile or metal as the dominant roof material. iv. Prohibited roof types and materials. The following types of materials are prohibited: a) Asphalt shingles, except laminated, 320 pound, 30 year architectural grade asphalt shingles or better; b) Mansard roofs and canopies without a Page 70 of 141 minimum vertical distance of eight feet and at an angle not less than 25 degrees, and not greater than 70 degrees; c) Roofs utilizing less than or equal to a two to 12 pitch unless utilizing full parapet coverage; and d) Back-,H,t awnings used as a mansard or canopy roof. k. Entryways/customer entrance treatments. i. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. ii. Entryways/customer entrance standards. These standards identify appropriate entry features. ! I a) Single use BUILDINGS. Single use BUILDINGS shall have clearly defined, highly visible customer entrances which shall include the following: (i) An outdoor patio area ADJACENT to the customer entrance, a minimum of 200 square feet in area which incorporates the following: (1 ) benches or other seating components; (2) decorative landscape planters or wing walls which incorporate landscaped areas; and (3) structural or vegetative shading. (4) front entry shall be set back from the drive a minimum distance of 15 feet. b) Multiple use BUILDINGS and projects. Multi-use structures shall include the following: (i) ANCHOR TENANTS shall provide clearly defined, highly visible customer Page 71 of 141 -- entrances. (ii) A provision for intermittent shaded outdoor community space at a minimum of one percent of the total gross floor area of the BUILDING or commercial project. Said community space shall be located off or ADJACENT to the circulation path of the complex or main structure and shall incorporate benches or other seating components. (iii) A front entry shall be set back from the drive a minimum of 15 feet. I. Materials and color. i. Purpose and intent. Exterior BUILDING colors and materials contribute significantly to the visual impact of a BUILDING on the community. They shall be well-designed and integrated into a comprehensive design style for the project. ii. Exterior BUILDING materials standards. a) Predominant exterior BUILDING materials shall include, but are not limited to: (i) Stucco; (ii) Brick; (iii) Tinted, textured, other than smooth or ribbed, concrete masonry units; or (iv) Stone, excluding an ashlar or rubble construction look. b) Predominant exterior BUILDING materials that are prohibited include: (i) Plastic siding; (ii) Corrugated or reflective metal panels; (iii) Tile; Page 72 of 141 (iv) Smooth or rib faced concrete block; and (v) Applied stone in an ashlar or rubble look. c) Automotive and other special type service BUILDINGS,.. may utilize prefabricated metal BUILDINGS under the following conditions: (i) Metal BUILDINGS are more than 250 feet from any right-of-way; (ii) Metal BUILDINGS are located directly behind the main showroom/sales center so as not to be a dominant facade along the street; , (iii) No more than 20 percent of the BUILDING can be situated beyond the main auto sales center and showroom. i I iii. Predominant exterior color(s). a) The use of black, gray, fluorescent, primary and/or secondary colors is prohibited as the predominant exterior BUILDING or roof color(s). Earth-tone colors are encouraged. iv. BUILDING trim color(s). a) BUILDING trim and accent areas may feature any color(s), limited to ten percent of the affected facade segment, with a maximum trim height of 24 inches total for its shortest distance. b) Neon or neon type tubing shall be permitted as provided for in section 5.06.03 of this Code. An approved lighting plan consistent with the provisions of section 5.06.04 of this Code shall be provided. 6. Signage. D. Architectural and site design standards and guidelines for commercial BUILDINGS and projects under 20,000 square feet in size. Page 73 of 141 --~ ---- 1. Lighting. a. Purpose and intent. Commercial BUILDINGS and projects, including their outparcels shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire site. The lighting and lighting fixtures shall be integrated and designed ~9 as to enhance the visual impact of the project on the community and/or should be designed to blends into the surrounding landscape. b. Shielding standards. Lighting shall be designed so as to prevent di rect glare, light spillage and hazardous interference with automotive and pedestrian traffic on ADJACENT streets and all ADJACENT properties. c. Fixture height standards. Lighting fixtures shall be a minimum of 30 feet in height within the parking lot and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas (see Illustration 5.05.08 D.1 below). I -. Illustration 5.05.08 D.1 d. Design standards. Lighting shall be used to provide safety while accent key architectural elements and/or to. emphasize landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project through style, material or color (excluding florescent and primary/secondary Page 74 of 141 colors) and shall be designed to blend into the landscape through the use of dark colors. Mill finish is not permitted. 2. Service Function Areas (BFA) including but not limited to loading, storage, mechanical equipment, and solid waste disposal. a. Purpose and intent. To diminish, in a safe manner, the visual impacts of service functions that may distract or have a negative impact on the streetscape, landscape and/or the overall community image. b. BUFFERing and screening standards. In accordance with the provisions of Chapter 4 of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment trash compaction, vehicular storage, recycling, roof-top equipment and other service function areas shall be fully screened and out of view from ADJACENT properties at ground view level and in view of roadway corridors. c. Materials and design standards. Screening material and design shall be consistent with design treatments of the primary facades of the commercial BUILDING or project and the landscape plan. d. Drive-through window standards. Drive-through windows and lanes shall be designed to adhere to the following standards; i. Drive-through windows shall not be placed between the right-of-way of a primary collector or ARTERIAL ROADWAY and the associated BUILDING, unless the vegetation required for a Type liB" LANDSCAPE BUFFER is installed within the BUFFER width required for the project and maintained along the entire length of the drive-through lane between the drive through lane and the ADJACENT right-of-way. As an alternative to the vegetative BUFFER referenced above, a permanent covered porte-cochere type structure, other than awning/canvas type structure(s), may be installed, extending the width of the drive-through and covering the service window(s). Such structure shall be integrated structurally and architecturally into the design of the BUILDING. H. Only a single drive-through facility is permitted. 3. Pedestrian walkways. a. Purpose and intent. To provide safe opportunities for alternative Page 75 of 141 ----'- modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the commercial BUILDING or project, and between alternative modes of transportation. b. Pedestrian access standards. Pedestrian ways, linkages and paths shall be provided fr9.m the BUILDING entry(s) to surrounding streets, external sidewalks, and outparcels. Pedestrian ways shall be designed to provide ACCESS between parking areas and the BUILDING entrance(s) in a coordinated and safe manner. Pedestrian ways may be incorporated within a required landscape perimeter BUFFER, provided said BUFFER is not less than ten feet in width on average. Shared pedestrian walkways are encouraged between ADJACENT commercial projects. c. Minimum ratios. Pedestrian ways shall be provided 'at a minimum ratio of one for each parcel. d. Minimum dimensions. Pedestrian walkways shall be a minimum of five feet wide. \ e. Materials. Pedestrian walkways shall be consistent with the provisions of section 4.5 of the Americans with Disabilities Act (ADA) Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete or stamped pattern concrete. f. Pedestrian crosswalks at BUILDING perimeter. BUILDING perimeter crosswalks shall be designed and coordinated to move people safely to and from BUILDINGS and parking areas by identifying pedestrian crossings with sign age and variations in pavement materials or markings. g. Shade pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds 100 linear feet in length at a minimum ratio of 100 square feet of shaded area per every 100 linear feet of walkway. Shade structures may be natural, manmade or a combination of both. 4. BUILDING design. a. Purpose and intent. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community. BUILDINGS shall have architectural features and patterns that provide visual interest from the perspective of the pedestrian; reduce massing aesthetic; recognize local character; Page 76 of 141 and be site responsive. Facades shall be designed to reduce the mass/scale and uniform monolithic appearance of large unadomed walls, while providing visual interest that will be consistent with the community's identity and character through the use of detail and scale. Articulation is accomplished by varying the BUILDINGS mass in height and width so that it appears to be divided into distinct massing elements and details that can be perceived at the scale of the pedestrian (see Illustration 5.05.08 0.2 below). Comer lots at an intersection of two or more a.rterials or major COLLECTOR ROADS shall be designed to emphasize their location. BUILDINGS and structures on corner lots shall be designed with additional architectural embellishments such as corner towers, or other such design features, to emphasize their location as gateways and transition points within the community. ~ \::)Cto T....,.. . . ~TIC."""'" ~ .. . N $..... -r-...... ~ Illustration 5.05.08 D.2 b. BUILDING orientation standards. BUILDING facades facing a public street between 5,000 square feet and 19,999 square feet in gross BUILDING area shall have two of the following: i. Windows at a minimum of 33 percent of the affected facade. Page 77 of 141 .-- ii. Covered public entry with a minimum of 20 percent of the wall space devoted to windows. iii. Covered walkway (excluding canvas type) unless provided with six inch columns or better attached to the BUILDING at a minimum of six feet wide with a 50 percent minimum coverageJor the affected facade. For BUILDINGS less than 5,000 square feet in area, facades facing a public street shall have one of the following: i. Windows at a minimum of 25 percent of the affected facade. ii. Covered public entry with a minimum of 20 percent of the wall space devoted to windows. c. Facade/wall height transition. New DEVELOPMENTS that are located within 300 feet of an existing BUILDING, and are more than twice the height of any existing BUILDING within 300 feet;shall provide transitional massing elements to transition between the existing BUILDINGS of lower height within 300 feet, and the proposed DEVELOPMENT. The transitional massing element can be no more than 100 percent taller than the average height of the ADJACENT BUILDINGS (see Illustration 5.05.08 0.3 below). &.-.~ttaA'no""'PTD AP.i T Dq~...... ~ ".,.. U&& OF .T&~ M~'N 0.. ,..a:.w o&,......c:f~ ~~...... ~ ~N6a# ,..... ~,e& ........ NDr Tth!b '. Illustration 5.05.08 D.3 Page 78 of 141 d. Facade standards. All primary facades of a BUILDING shall be designed with consistent architectural style and detail and trim features. Facades attached to a primary facade shall incorporate features of the primary facade for a minimum of 33 percent of the overall wall length measured from the attached primary facade. In the case of outparcel BUILDINGS, all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary facades. e. Massing standards. Exterior facades shall be designed to employ the following design treatments: (1 ) No horizontal length, or uninterrupted curve, of the ground floor of any primary facade, for BUILDINGS between 10,000 and 19,999 square feet in gross BUILDING area, shall exceed 50 feet, with the maximum being 80 feet for arcades. Projections and recesses shall have a minimum depth of two feet and a minimum total width of 20 percent of the facade with varied lengths. For BUILDINGS under 10,000 square feet, no horizontal length, or uninterrupted curve, of any primary facade shall exceed 35 feet, with the maximum being 60 feet for arcades. Projections and recesses shall have a minimum depth of one foot and a minimum total width of 20 percent of the facade with varied lengths. All BUILDINGS shall provide a minimum of one offset per public street or navigable waterway. (2) For BUILDINGS between 10,000 square feet and 19,999 square feet in gross BUILDING area, exterior wall planes shall not constitute more than 50 percent of each affected ground floor facade over 30 feet. The wall plane shall be measured at one foot off the exterior wall surface on each side of the wall. (3) Primary facades on the ground floor for BUILDINGS between 5,000 square feet and 19,999 square feet in gross BUILDING area shall have arcades a minimum of six feet clear in width, display windows, entry areas, or other such features along no less than 33 percent of the horizontal length for each primary facade. Awnings are included in this calculation at 1.5 times the window width when associated with windows/doors in increments less than ten feet. i. Window standards: Windows shall not be false or applied. Page 79 of 141 -_._- -..-. ii. A wning Standards: These standards apply to awnings associated and attached to a BUILDING/structure). (see Illustration 5.05.08 C.9 in this Chapter) Mansard awnings which are awnings that are more'than 90 percent of a facade or those that connect two facades shall adhere to all roof standards of this section of this Code. Other awnings which are awnings that constitute less than 90 percent of a facade and which do not provide a connection between facades shall adhere to the following standards: a) Awnings may be backlit provided the illuminated portion of the awning with graphics does not exceed the size limitations and standards of this Code. b) Automobile sales parking lot awnings: Shade awnings may be erected in automobile sales parking lots subject to the following requirements and standards: i) No shade awning structure shall be constructed within 75 feet of any public or private street. ii) No one shade awning structure may exceed an area sufficient to provide cover for more than 20 automobiles. iii) The minimum separation between awning shade structures shall be 100 feet. iv) Multi-colored shade awning structures are prohibited and the use of black, gray, florescent, primary and/or secondary colors is prohibited. Earth-tone colors are encouraged. i ii. Overhead doors: Overhead doors facing one another may be treated as interior space provide[d] that the BUILDINGS meet all other requirements of this section of the Code. (See Illustration 5.05.08 C.1 0 in this Chapter) f. Project standards. Both single and multi-use BUILDINGS and projects shall also be required to provide a minimum of four of the Page 80 of 141 following BUILDING design treatments (see Illustration 5.05.08 0.4 below) . i. Canopies or porticos, integrated with the BUILDINGls massing and style; ii. Overhangs, a minimum of three feet; < \ ~ . Hi. Arcades, a minimum of six feet clear in width; iv. Sculptured artwork; v. Raised cornice or BUILDING banding with a minimum of two reliefs; vi. Peaked roof forms; vii. Arches; viii. Display windows; ix. Ornamental and structural architectural details, other than cornices; which are integrated into the BUILDING structure and overall design; x. Clock bell towers or other such roof treatment (i.e. dormers, belvederes, cupolas); xi. Projected entry. xii. Emphasized BUILDING base, a minimum of three feet high and a minimum projection from the wall of two inches. xiii. Additional roof articulation above the minimum standards; or xiv. Any other treatment which, in the opinion of the County Manager or his designee, meets the intent of this section; Page 81 of 141 . . .. . . ~ . . . . . . . . . . . . . 'OO & .. ..... .. . - . r..U.VA~ ...- ~ ~ . . ,....H.~) ~~ W......... 1.1..'l. v~:nQ.... '5U.n~ 'E.. JolTpt...... nr:~~tt , ....r... Illustration 5.05.08 D.4 and one of the following site design elements: i. Decorative landscape planters or planting areas, a minimum of five feet wide, and areas for shaded seating consisting of a minimum of 100 square feet; Page 82 of 141 ii. Integration of specialty pavers, or stamped concrete along the BUILDINGS walkway. Said treatment shall constitute a minimum of 60 percent of walkway area; iii. Water element(s), a minimum of 150 square feet in area; or iv. Two accent ..9r specimen trees (above the minimum landscape requirements of the Code) along the front facade with a minimum height of 18 feet at planting. g. Detail features. i. Purpose and intent. The design elements in the following standards shall be integral parts of the BUILDING's exterior facade and shall be integrated into the overall architectural style. These elements shall not consist solely of applied graphics, or paint. ii. I Blank wall areas. Blank wall areas shall not exceed ten feet in the vertical direction nor 20 feet in the horizontal direction of any primary facade. For facades connected'to a primary facade this shall apply to a minimum of 33 percent of the attached facade and measured for the connection (control and expansion joints within this area shall constitute blank wall area unless used as a decorative pattern and spaced at intervals of six feet or less. Relief and reveal work depth must be a minimum of one-half inch (see Illustration 5.05.08 0.5 below). Blank wall area may utilize landscaping to assist in reducing the blank wall area, but the landscaping shall not be in lieu of architectural treatment. (See Illustration 5.05.08 C.15 in this Chapter) Page 83 of 141 --",-, .. 'd..t:1VE<<rICAL 11 'U:J1"""O- Ht:tltlbt\TJ\L- 1"1'- I MUM Il.Antl: WALL. NU!A . . ... . .. . Illustration 5.05.08 D.5 iii. Repeating FACADE treatments. BUILDING FACADES shall include a repeating pattern and shall include no less than three of the design elements listed below. At least one of these design elements shall repeat horizontally. All design elements shall repeat at intervals of no more than 25 feet, horizontally and a maximum of 15 feet vertically. a) Color change; b) Texture change; c) Material module change; d) Expression of architectural or structural bays, through a change in plane of no less than 12 inches in width, such as a reveal, an offset, or a projecting rib (see Illustration 5.05.08 0.6 below.): Page 84 of 141 ~ntUG'TYI!A ~ 1oQ" . Illustration 5.05.08 D.6 e) Architectural banding; I I f) BUILDING SETBACKS or projections, a minimum of three feet in width, on upper level(s); or, g) Pattem change. h. OUTPARCELS. i. Purpose and intent. To provide unified architectural design and site planning between OUTPARCELS and the main STRUCTURE on site in order to enhance the visual experience for the vehicular and pedestrian public, and to provide for safe and convenient vehicular and pedestrian ACCESS and movement within the site. ii. OUTPARCEL design. All exterior FACADES of an OUTPARCEL BUILDING shall be considered primary FACADES and shall employ architectural, site, and landscaping design elements which are integrated with and common to those used on the primary STRUCTURE on site. These common design elements shall include colors and materials associated with the main STRUCTURE. When the use of common wall, side by side DEVELOPMENT occurs, continuity of FACADES and consolidated parking for several businesses on one parking LOT may be used. OUTP ARCELS that are ADJACENT to each other are Page 85 of 141 _.~ ---.~- -..-- -~._. encouraged provide for vehicular connection between parking LOTS and provide for pedestrian interconnection. OUTP ARCELS shall be designed and integrated with the main project. i. Roof treatments. i. Purpose and intfJ,nt. Variations in roof lines shall be used to add interest to; .and reduce the massing of BUILDINGS. Roof features shall be in scale with the BUILDING'S mass and complement the character of adjoining and/or ADJACENT BUILDINGS and neighborhoods. Roofing material should be constructed of durable high quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. I ii. Roof edge and parapet treatment. At a minimum of two locations, the roof edge and/or parapet shall have a vertical I change from the dominant roof condition, a minimum of two feet. At least one such change shall be located on a primary FACADE ADJACENT to a collector or arterial RIGHT-OF- WAY (see Illustration 5.05.08 D.7 below). IiIIIoP ~_.a '-rL .b~ THi~ .-.oF ~ a ~:m: : .- ..... . .... c:f "TH. 6 . Illustration 5.05.08 D.7 iii. Roofs shall meet the following requirements: Page 86 of 141 a) Parapets shall be used to conceal roof top equipment and flat roofs; b) Where overhanging eaves are used, overhangs shall be no less than two feet beyond the supporting walls. Where overhangs are less than two feet they shall be provided with a band or cornice, a minimum of eight inches, under the soffit at the wall. c) Facia shall be a minimum of eight inches. (see Illustration 5.05.08 0.8 below); .-. - .. 00 ""'16 Illustration 5.05.08 D.8 d) Tile or metal roof a's the dominant roof material. Page 87 of 141 "--,_......~ - "-- iv. Prohibited roof types and materials. The following types of materials are prohibited: a) Asphalt shingles, except laminated, 320 pound, 30 year architectural GRADE asphalt shingles or better; b) Mans,a..rd roofs and canopies without a minimum vertical distance of six feet .and at an angle not less than 25 degrees, and not greater than 70 degrees; c) Roofs utilizing less than or equal to a two to 12 pitch unless utilizing full parapet coverage; and d) Back-lit awnings used as a mansard or canopy roof. I j. Entrywayslcustomer entrance treatments. I i. Purpose and intent. Entryway design elements \ and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. ii. Entryways/customer entrance standards. These standards identify appropriate entry features. a) Single use BUILDINGS. Single occupancy use BUILDINGS between 10,000 square feet and 19,999 square feet in area shall have clearly defined, highly visible customer entrances which shall include the following: An outdoor patio area ADJACENT to the customer entrance, a minimum of 50 square feet in area and which incorporates two of the following: (1 ) benches or other seating components; (2) A provision for intermittent shaded outdoor community space at a minimum of one percent of the total gross floor area of the BUILDING or commercial project. Said community space shall be located off or ADJACENT to the circulation path of the Page 88 of 141 . complex or main STRUCTURE and shall incorporate benches or other seating components. Front entry shall be set back from the. drive a minimum of 15 feet. k. Miscellaneous STRUCTURES. i. Outside play STRUCTURES. Outside play STRUCTURES shall not exceed 50 percent of coverage along the affected FACADE. No portion of any play STRUCTURE located between the front BUILDING line and any ADJACENT RIGHT-OF-WAY shall exceed a height of 12 feet as measured from existing ground elevation. In all other cases, no portion of any play STRUCTURE shall exceed a maximum height of 16 feet as measured from existing ground elevation. Play STRUCTURES shall be limited to earthtone colors, with a maximum of three color variations. 5. Materials and color. a. Purpose and intent. Exterior BUILDING colors and materials contribute significantly to the visual impact of a BUILDING on the community. They shall be well-designed and integrated into a comprehensive design style for the project. b. Exterior BUILDING materials standards. i. Predominant exterior BUILDING materials shall include, but are not limited to: a) Stucco; b) Brick; c) Tinted, textured, other than smooth or ribbed, concrete masonry units; or d) Stone, excluding an ashlar or rubble construction look. ii. Predominant exterior BUILDING material that are prohibited include: a) Plastic siding, unless associated with Florida Page 89 of 141 _.._._w ---- cracker style and utilizes trim with a minimum of six inches for its length; b) Corrugated or reflective metal panels; c) Tile; d) Smoqt,h or rib faced concrete block; and e) Applied stone in an ashlar or rubble look. Hi. Automotive and other special type service BUILDINGS may utilize prefabricated metal BUILDINGS under the following conditions. a) Metal BUILDINGS are more than 250 feet from any RIGHT-OF-WAY; I b) Metal BUILDINGS are located directly behind the main showroom/sales center so as not to be a dominant FACADE along the STREET; 1 I c) No more than 20 percent of the BUILDING can be beyond the main auto sales center and showroom. iv. Predominant exterior color(s). a) The use of black, gray, fluorescent, primary and/or secondary colors is prohibited as the predominant exterior BUILDING or roof color(s). Earth-tone colors are encouraged. v. BUILDING trim color(s). a) BUILDING trim and accent areas may feature any color(s), limited to ten percent of the affected FACADE segment, with a maximum trim height of 24 inches total for its shortest distance. b) Neon or neon type tubing shall be permitted as provided for in section 5.06.03 of this Code. An approved lighting plan consistent with the provisions of section 5.06.04 of this Code shall be provided. 6. Signage. The provisions of this section shall also apply to Page 90 of 141 commercial BUILDINGS and projects with less than 20,000 square feet of BUILDING area. 7. Natural and manmade bodies of water (including retention areas exceeding 12 feet in width). a. The shape of a manmade body of water, including wet and dry retention areas, shall be designed to appear natur~1 by having off- sets in the edge alignment that are a minimum. of ten feet and spaced 50 feet apart. Natural and man made bodies of water, including wet and dry retention areas, exceeding 20,000 square feet in area, and which are located ADJACENT to a public RIGHT- OF-WAY, shall be incorporate[d] into the overall design of the project at least two of the following items (see Illustration 5.05.08 0.9 below): ICIO Po .e.ws 7' 4ft) ta:J ... eoo SoOY a= ~~ "tJAAP~ t'0V\ '-t: J..o ~ J Illustration 5.05.08 D.9 Page 91 of 141 ..-.-.- --.,.--- ___e -...... i. A minimum of five-foot wide walkway with trees an average of 50 feet on center and shaded minimum of six-foot long benches or picnic tables every 150 linear feet. ii. A public ACCESS pier with covered STRUCTURE and seating. iii. A plaza/courtYARD, 200 square feet minimum, with shaded benches and/or picnic tables ADJACENT to the water body. iv. Permanent fountain STRUCTURE. E. Exceptions and interpretations 1. Exceptions. Exceptions to the provisions of this Code may be granted by the board of county commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design which, while varying from one or more of the provisions of this division, nonetheless are deemed to meet the overall purpose and intent set forth herein. In the case of individual commercial BUILDINGS or projects, where site specific factors may impact the ability to meet these standards, variance from one or more of the provisions of this division may be requested pursuant to the procedures set forth in section 9.04.00 of this Code. 2. Interpretations. During the course of review of an SDP or SIP, as the case may be, should an APPLICANT and staff be unable to concur on the application of a specific provision or provisions of this division, the County Manager or his designee shall be authorized to make a final determination. The County Manager or his designee shall render his finding in writing within 15 days of receipt of a written request from the APPLICANT. The APPLICANT may appeal the determination of the County Manager or his designee to. the board of zoning appeals, pursuant to the procedures set forth in section 10.02.02. 5.05.09 Communications TOWERS B. Purpose and intent. This section applies to specified communication TOWERS that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of TOWERS and antennas through careful design, siting, and vegetation screening; to avoid potential damage to ADJACENT properties from TOWER failure; Page 92 of 141 to maximize the use of specified new communication TOWERS and, thereby, to minimize the need to construct new TOWERS; to maximize the shared use of specified TOWER sites to minimize the need for additional TOWER sites; to lessen impacts new ground mounted TOWERS could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new TOWERS; and to consider the concems of the Collier Mosquito Control Di~trict as to low flying mosquito control aircraft safety. C. Definitions unique to communications TOWERS, section 5.05.09 1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" dishes that have an outside diameter of less than forty (40) inches. 2. Effective radius means a radius of six (6) miles from the respective TOWER unless a lesser radius is approved. 3. Lesser effective radius means an approved radius of less than six (6) miles. 4. II Unavailable to the APPLICANT' means a TOWER that cannot accommodate the APPLICANT'S proposed antenna or a site that cannot accommodate the APPLlCANT'S TOWER, antenna, and related facilities. 5. II Unavailable" means that no additional TOWER or site capacity is available to anyone. C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted TOWERS. Except to the extent not feasible for the respective new ground mounted TOWER's intended purpose(s), each new ground mounted TOWER that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety- nine (199) feet above natural GRADE, exclusive of antennas, should not be guyed. If the APPLICANT proposes that a new ground mounted TOWER within this height range be guyed, the APPLICANT shall have the burden of proving the necessity of guying the TOWER. 2. Bird Diverter Devices. Each new ground mounted guyed TOWER installed after the effective date of this Ordinance, greater then seventy-five (75) feet in height above natural GRADE, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 4 and 10, TOWERS and other on-site facilities shall be designed, sited, and Page 93 of 141 --., ._..... constructed to minimize habitat loss within the TOWER footprint. At such sites, road ACCESS and fencing, to the extent feasible, shall be utilized to minimize on-site and ADJACENT habitat fragmentation and/or disturbances. 4. Security Lighting. When feasible, security lighting to protect on- ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the TOWER'S footprint. D. Shared use of TOWERS. A TOWER with a height in excess of 185 feet above natural GRADE shall not be approved, unless the APPLICANT demonstrates that no old or approved TOWER within the effective radius can accommodate the APPLICANT'S proposed antenna and ancillary equipment. TOWERS owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other govemments. 1. For the purpose of discovering availability for use of TOWERS within the effective radius, the APPLICANT shall contact the owner of all old and approved TOWERS, within the effective radius, that can possibly accommodate the needs of the APPLICANT. The county manager or designee may preapprove the minimum allowable height to determine which TOWERS may be available for use by the APPLICANT. A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses shall be a part of the CONDITIONAL USE application. As an accommodation to APPLICANTS, the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved TOWERS. If the owner of an old TOWER does not respond to the APPLICANT'S inquiry within a reasonable time, generally thirty (30) days or less, or the owner of an old TOWER will not rent space to the APPLICANT at a reasonable rental for a reasonable time period, such old TOWER shall be deemed unavailable to that APPLICANT. If the old TOWER is a NONCONFORMING STRUCTURE, additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural ALTERATIONS may be made to the TOWER, and the height of the TOWER inclusive of its antennas may not be increased. 2. Lesser effective radius. If the APPLICANT asserts that the effective radius for the intended use is less than six (6) miles, the APPLICANT shall provide evidence that. the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the APPLICANT, the County Manager or designee may establish a Page 94 of 141 lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturers specifications shall be conclusive, unless the APPLICANT can prove they are incorrect in the specific case. 3. If an approved TOWER within the APPLICANT'S approved effective radius may have capacity available for the antenna proposed by the APPLICANT, the application for a new TOWER shall not be complete without the following information regarding each such possibly available approved TOWER. Such information shall also be provided for old TOWERS to the extent it can be obtained. a. Identification of the site of each possibly available TOWER by coordinates, STREET address or legal description, existing uses, and TOWER height. b. Whether shared use by the APPLICANT of the TOWER is prohibited (or is not feasible) for any reason. c. If it has been determined that the TOWER owner will allow structural changes, whether the TOWER can accommodat~ the proposed antenna if reasonable structural changes are made. If so, the APPLICANT shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such TOWER shall be deemed unavailable to the APPLICANT. 4. The APPLICANT shall contact the owner of each possibly available approved TOWER to request the needed information. To enable the TOWER owner to respond, the APPLICANT shall provide the following information regarding the APPLICANT'S proposed antenna and equipment: a. All output frequencies of transmitter. b. Type of modulation, polarization of radiation, and proposed use of antenna. c. Manufacturer, type, manufacturers model number, a diagram of the antenna's radiation pattem, and the manufacturers specifications. d. Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator. e. Range in feet of maximum and minimum height of antenna above base of TOWER. f. A list of necessary ancillary equipment and description of the type of transmission cable to be used. Page 95 of 141 --.- _..~- g. Any other pertinent information needed to enable the owner to respond in full to the inquiry. E. Shared use of TOWER sites. A TOWER with a height in excess of 185 feet above natural GRADE shall not be approved on a new TOWER site unless the APPLICANT demonstrates that the proposed TOWER, antennas, and ACCESSORY STRUCTURES OR USES cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other govemments. 1. Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the APPLICANT, the APPLICANT shall contact the OWNER of all other conforming old sites and approved TOWER sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the APPLICANT. 2. For each such possibly available TOWER site, the application for a new TOWER site shall not be complete without the following information: a. Identification of the proposed new TOWER site by coordinates, STREET address or legal description, area, existing uses, topography, and significant natural features. b. Evidence that no old and no approved TOWER site within the effective radius can accommodate the APPLICANT'S needs. c. If the owner of an old TOWER site does not respond to the APPLICANT'S simple letter of interest inquiry within thirty (30) days, or the OWNER of an old TOWER site will not rent land to accommodate the APPLICANT'S needs for a reasonable period of time at reasonable rentals, such old TOWER site shall be deemed unavailable to the APPLICANT. d. The APPLICANT is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the APPLICANT by a shared use plan or the site1s OWNER has responded positively to the APPLICANT'S initial letter of inquiry. To enable the site owner to respond, the APPLICANT shall provide the site owner (and the owner of any TOWER on the site) with the dimensional characteristics and other relevant data about the TOWER, and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following: . e. TOWER height and design, including technical, engineering, and other pertinent factors governing the intended uses and Page 96 of 141 selection of the proposed design. An elevation and a cross section of the TOWER STRUCTURE shall be included. f. Total anticipated capacity of the TOWER, including number and types of antennas and needed transmission lines, ACCESSORY USE needs including specification of all required ancillary equipment, and required BUILDING and parking space to accommodate same. g. Evidence of structural integrity of the proposed TOWER as required by the BUILDING official and, for metal TOWERS, a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIAfTIA 222-E), or its successor functional equivalent, as may be amended for local application. 3. If the site owner, or owner of a TOWER on the respective site, asserts that the site cannot accommodate the APPLICANT'S needs, the respective OWNER shall specify in meaningful detail reasons why the site cannot accommodate the APPLICANT. To the extent information is current and correct in the respective TOWER site's approved shared use plan, the site owner or TOWER owner can refer the APPLICANT to the respective shared use plan. If the shared use plan is not then up-to-date, the plan shall be brought up-to-date immediately by the owner and the written reply to the APPLICANT shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to- date. 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) TOWER. unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other TOWER, no such document shall prevent other TOWERS, except for reasons approved by the County Manager or designee. An unapproved document provision of TOWER exclusivity shall be grounds to disapprove an application for TOWER site approval. F. Required sharing. Each new TOWER in excess of 185 feet in height (shared use TOWER), except TOWERS that are approved to be perpetually unavailable, shall be designed to structurally accommodate the maximum amount of additional antenna capacity reasonably practicable. Although it is not required that a new TOWER be constructed at additional expense to accommodate antennas owned by others, no new TOWER shall be designed to accommodate only the TOWER owner's proposed antennas when, without additional Page 97 of 141 ,.e_,_,".,___,_' ,.--'"....... expense, antenna space for other owners can be made available on the TOWER. 1. Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists TOWER and/or site capacity to accommodate additional antennas and/or additional TOWERS, ancillary equipment, and ACCESSORY USES. Available antenna capacity on a TOWER shall be. stated in detailed clearly.. understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The TOWER owner (as to TOWER shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. OWNERS of old TOWERS and/or old sites may file shared use plans in accord with this section. 2. Reservation of capacity. If an APPLICANT for a shared use TOWER does not plan to install all of its proposed antennas during initial construction of the TOWER, the APPLICANT must specify the planned schedule of installing such later added antennas as part of the shared use plan. An APPLICANT cannot indefinitely prevent the use of unused available antenna space on a TOWER by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the TOWER is a NONCONFORMING STRUCTURE. If space has been reserved in a shared use plan for future additional antenna use by the TOWER owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space. 3. Reservation of site capacity. The policy stated above applies also to additional TOWER space on an approved TOWER site to prevent indefinite reservation of available site space. 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or NONCONFORMING TOWER may be permitted a one-time increase in height, provided: a. Any such increase in height does not exceed thirty (30) feet or twenty (20) percent of the height of the existing TOWER, whichever is less; Page 98 of 141 b. The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the TOWER at the time of the application; c. A shared use plan covering the TOWER with the increased height is first approved by the County Manager or designee; d. The increase in height does not cause the proposed TOWER to exceed any required maximum height requirementfor TOWERS or make a legally conforming TOWER become NONCONFORMING; e. Substantiated proof that such proposed antenna(s) may not be placed on the existing TOWER by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and f. A site DEVELOPMENT PLAN shall be submitted for review and approval if an increase in TOWER height requires placement of, or addition to, an antenna equipment BUILDING or support BUILDING. 5. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site DEVELOPMENT PLAN approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to CONDITIONAL USE approval. 6. Shared use plans for old TOWERS and old TOWER sites. Initial shared use plans and amendments for old TOWERS require approval of the County Manager or designee. Initial shared use plans and amendments for old TOWER sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity. 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use TOWER in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment. 8. Once a shared use plan for a TOWER is approved, additional antennas may be added to that TOWER in accordance with the approved shared use plan without additional CONDITIONAL USE approval even if the TOWER is then a NONCONFORMING STRUCTURE. The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a TOWER site is approved, additional TOWERS and ACCESSORY BUILDINGS and uses may be added to that site in accordance with the plan without additional CONDITIONAL USE Page 99 of 141 approval, even if the site is then NONCONFORMING. The shared use plan shall be immediately updated to reflect each change. 9. For each TOWER with a height in excess of 185 feet that is approved, the TOWER OWNER shall be required, as a condition of approval, to file an approved shared use plan, except when a govemment TOWER is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the TOWER, the plan shall commit the TOWER OWNER and all successor owners to allow shared use of the TOWER in accbrdance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates) shall be specified in the shared use plan, and shall be amended each time the rates are changed. When antenna space on a TOWER is rented to others, each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee. 10. For each new shared use TOWER site that is approved, the OWNER shall be required, as a condition of approval, to file an approved shared use plan, except as to a govemment site th,at is approved to be perpetually unavailable. If there is land available on the site to accommodate additional TOWERS and ACCESSORY facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents) which shall be specified in the shared use plan. When land is rented for facilities on the site, the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a TOWER and other facility space must be approved by the County Manager or designee. 11. Each new TOWER owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use APPLICANT. Govemment owners need to reply only to requests from another government. To the extent that correct and up-to-date information is contained in an approved shared use plan, the owner may refer the APPLICANT to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date. 12. The TOWER owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of TOWER space and/or site space by APPLICANTS in accordance with its shared use plan. Page 100 of 141 13. All conditions of approval regarding a TOWER shall run with the ownership of the TOWER and be binding on all subsequent owners of the TOWER. All conditions of approval regarding an approved TOWER site shall run with the land and be binding on all subsequent owners of the TOWER site. G. DEVELOPMENT standards for communication TOWERS. 1. Except to the extent th(l,t amateur radio TOWERS, and ground- mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new.TOWER of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection5.05.09(F)(7) below, TOWERS may be allowed to any height as a CONDITIONAL USE in the E zoning district only on sites approved for a specified ESSENTIAL SERVICE listed in subsection 5.05.09((F)(3) below. There shall be no exception to this subsection except for CONDITIONAL USE applications by a government for a governmental use. 2. Permitted ground-mounted TOWERS. TOWERS not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. TOWERS that exceed those specified maximum heights require a variance in accordance with section 9.04.00. a. All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any TOWER up to seventy-five (75) feet in height is a permitted use, provided the base of such TOWER is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any PARCEL of land zoned RSF-1 through RSF-6, RMF-6, E, RMF- 12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential DWELLING UNITS or less. Any TOWER that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such TOWER is separated from the nearest boundary of any PARCEL of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential DWELLING UNITS or less, by a minimum distance in feet determined by multiplying the height of the TOWER (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half (2 Y2) times the height of the TOWER.) TOWERS which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00. Page 101 of 141 -_....- b. Agricultural zoning districts within the rural designated area: TOWERS shall not exceed 250 feet in height. c. All agricultural zoning districts: No TOWER that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such TOWERS can be approved as a CONDITIONAL USE on sites of less than ten (10) acres if the APPLICANT cannot, with economic feasibility, acquire title to, or control of, a suitable TOWER site of at least ten (10) acres in the required geographic vicinity of the proposed TOWER site. 3. ESSENTIAL SERVICES--Specified CONDITIONAL USES. Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, TOWERS may be allowed to any height as a CONDITIONAL USE on sites approved for a CONDITIONAL USE ESSENTIAL SERVICE for any of the following CONDITIONAL USES: safety service fadilities including, but not necessarily limited to, FIRE STATIONS, sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications TOWER could be considered an ACCESSORY or logically associated use with the safety service CONDITIONAL USE on the site. In addition, communications TOWERS can be approved as a CONDITIONAL USE for a stand-alone ESSENTIAL SERVICE facility, provided the TOWER is to be owned by, or to be leased to, a governmental entity, and the primary uses of the TOWER are for governmental purposes. 4. New TOWERS shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio TOWERS with a height not to exceed seventy-five (75) feet above the natural GRADE, and ground-mounted antennas with a height not to exceed twenty (20) feet above the natural GRADE, are permitted within these zoning districts. 5. Ground-mounted MONOPOLE COMMUNICATION TOWERS up to 150 feet in height above the natural GRADE, including antennas affixed thereto, may be allowed as a CONDITIONAL USE within these zoning districts. The height of each MONOPOLE COMMUNICATION TOWER shall be limited to the height necessary for its use at its location. 6. Rooftop TOWERS, ANTENNA STRUCTURES, and antennas. a. Rooftop TOWERS, ANTENNA STRUCTURES, and antennas are allowed in all zoning districts except the RSF-1 through RSF- 6, RMF-6, and E zoning districts. Page 102 of 141 b. Rooftop TOWERS, ANTENNA STRUCTURES, and antennas are, as specified, subject to the following: i. Permitted uses. Rooftop ANTENNA STRUCTURES and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural GRADE. If the maximum roofline is less than twenty (20) feet above the average natural GRADE, an ANTENNA STRUCTURE and/or antenna is a permitted use up to a height that equals the distance from the average natural GRADE to the maximum roofline. For example, if the distance from the average natural GRADE to the maximum point of the roofline is fifteen (15) feet, an ANTENNA STRUCTURE and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any ANTENNA STRUCTURE, TOWER, or antenna that exceeds its permitted use height, as provided herein, shall require CONDITIONAL USE approval, and the maximum allowable height of the STRUCTURE, TOWER, and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities. ii. TOWERS and ANTENNA STRUCTURES shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location. iii. ANTENNA STRUCTURES and dish type antennas shall be painted to make them unobtrusive. iv. Except for antennas that cannot be seen from STREET level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. v. Where technically feasible, dish type antennas shall be constructed of open mesh design. vi. Where feasible, the design elements of the BUILDING (Le., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications TOWER, STRUCTURE, and antennas. vii. The BUILDING and roof shall be capable of supporting the roof-mounted antenna, STRUCTURE, and TOWER. viii. No rooftop shall be considered a TOWER site. This section does not require any sharing of any rooftop, rooftop TOWER, or ANTENNA STRUCTURE. 7. With the exception of rooftop TOWERS and TOWERS on Page 103 of 141 -~,~ _.-._.~...- ESSENTIAL SERVICES sites, each new communication TOWER shall meet the following separation requirements: a. Each new TOWER that exceeds 185 feet in height .shall be located not less than two and one-half (2.5) times the height of the TOWER from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the ADJACENT use(s) is/are, or comparable to, the RSF-1 through RSF-6 and. RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed TOWER site may be developed with a DENSITY of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest DENSITY possible under the respective PUD. b. In addition, each such new TOWER that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF- 16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned DENSITIES greater than six (6) units per acre by not less than the total height of the TOWER including its antennas; and from all other surrounding property boundaries by a distance not less than one-half (1/2) the height of the TOWER and its antennas, or the TOWER'S certified collapse area, whichever distance is greater. 8. All owners of approved TOWERS are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any TOWER owned by them. 9. Placement of more than one (1) TOWER on a land site is preferred and encouraged, and may be permitted, provided, however, that all SETBACKS, design, and landscape requirements are met as to each TOWER. STRUCTURES may be located as close to each other as technically feasible, provided TOWER failure characteristics of the TOWERS on the site will not likely result in multiple TOWER failures in the event that one (1) TOWER fails, or will not otherwise present an unacceptable risk to any other TOWER on the site. It shall be the policy of the County to make suitable County-owned land available for TOWERS and ancillary facilities at reasonable rents. 10. Any ACCESSORY BUILDINGS or STRUCTURES shall meet the minimum YARD requirements for the respective zoning district. ACCESSORY USES shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other STRUCTURES and/or uses that are not needed to send or receive transmissions, and in no event shall Page 104 of 141 such uses exceed twenty-five (25) percent of the FLOOR AREA used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion. Where the site ABUTS, or has ACCESS to, a COLLECTOR STREET, ACCESS for motor vehicles shall be limited to the COLLECTOR STREET. All equipment shall comply with the then applicable noise standards. 11. For new commercial TOWERS exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking. 12. All new TOWER bases, guy anchors, outdoor equipment, ACCESSORY BUILDINGS, and ACCESSORY STRUCTURES shall be fenced. This provision does not apply to amateur radio TOWERS, or to ground-mounted antennas that do not exceed twenty (20) feet above GRADE. 13. TOWER lighting. TOWERS and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ("FAA") technical standards. No other TOWERS or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the APPLICANT shall comply with such rules. New TOWERS Exceeding 199 Feet. Each new TOWER that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such TOWER shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe- type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 14. Effective January 1, 1992, all guyed TOWERS, including old TOWERS, exceeding 185 feet in height shall be inspected every two (2) years. Such self-supporting TOWERS shall be inspected Page 105 of 141 "_'.'.__'_ ~..._._ 'W.'~...~ every four (4) years. Each inspection shall be by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. TOWER STRUCTURE: Including bolts, loose or damaged members, and SIGNS of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other SIGNS of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, SIGNS of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed TOWERS: TOWER vertical alignment and guy wire tension (both required tension and present tension). 15. A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. 16. Any TOWER that is voluntarily not used for communications for a period of one (1) year shall be removed at the TOWER owner's expense. If a TOWER is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the TOWER and ACCESSORY items, and, after removal, shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the TOWER and ACCESSORY items, plus court costs and attorney's fees. 17. For all ground-mounted guyed TOWERS in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum YARD requirements of that zoning district between each guy anchor and all property lines. 18. All new metal TOWERS, including rooftop TOWERS, except amateur radio TOWERS, shall comply with the standards of the then latest edition published by the Electric' Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio TOWER with a height of seventy-five (75) feet or less shall require a BUILDING permit Page 106 of 141 specifying the exact location and the height of the TOWER exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty (20) feet shall require a BUILDING permit. 19. Within the proposed TOWER1S EFFECTIVE RADIUS, information that specifies the TOWER1S physical location, in respect to public parks, designated HISTORIC BUILDINGS or districts, areas of critical concern, and CONSERVATION areas, shall be submitted as part of the CONDITIONAL USE application. This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require CONDITIONAL USE approval. 20. No communication TOWER shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna. I 21. Any existing NATIVE VEGETATION on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant I vegetation to be removed and vegetation to be replanted to replace that lost. NATIVE VEGETATION may constitute part or all of the required BUFFER area if its opacity exceeds eighty (80) percent. 22. As to communications TOWERS and antennas, including rooftop TOWERS, ANTENNA STRUCTURES, and antennas, the height provisions of this section supersede all other height limitations specified in this Code. H. Alligator ALLEY communication TOWERS. 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classification(s) of the underlying fee at each respective TOWER site, two (2) new communication TOWERS shall be permitted at locations and heights herein specified within the 1-75 RIGHT-OF-WAY east of the toll booth (Alligator ALLEY). Two (2) of the four (4) TOWERS shall be constructed to replace two (2) existing Florida Department of Transportation TOWERS. The four (4) new telecommunication TOWER sites shall be located approximately at: a. Mile marker 52.2. The height of the TOWER shall not exceed 250 feet, including antennas; b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; c. The site of an existing FOOT TOWER located on State Road 29. The height shall not exceed 310 feet, including antennas; Page 107 of 141 ~_n.._ ~--, . d. The site of an existing FDOT TOWER located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing TOWER located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas. e. Each TOWER shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation ("FDOT'), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service. ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical. 2. Each TOWER shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section. 3. Minimum YARD requirements. There shall be no minimum YARD requirement for these TOWERS at these locations because each TOWER and all ancillary facilities must be contained within the 1-75 RIGHT -OF-W A Y, and each proposed TOWER must maintain a separation distance from all ADJACENT residential property lines equal to one-half (1/2) of the TOWER'S height or equal to a Florida professional engineers certified collapse area (fall zone), whichever is greater, or a clear zone is maintained on adjoining property by a use EASEMENT applicable to such adjoining property OWNER. No habitable residential or non-residential STRUCTURE, including offices, shall be allowed within any certified collapse area (fall zone) for any of these TOWERS. 4. ACCESS. Physical ACCESS to each TOWER site shall be as approved by FOOT. 5. Parking. Sufficient unpaved area shall be provided on, or ADJACENT to, each TOWER site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication TOWER. 6. LANDSCAPE BUFFER. A LANDSCAPE BUFFER no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each TOWER site and other related equipment, STRUCTURES, and BUILDINGS. This BUFFER shall encompass all STRUCTURES including the TOWER base. At least one (1) row of NATIVE VEGETATION shall be planted within the BUFFER to form a continuous hedge of at least three (3) feet in height at planting. The BUFFER must be maintained in good condition. This LANDSCAPE BUFFER may be waived by the County Manager or designee where the BUFFER is not practical due to public safety concerns. Page 108 of 141 7. A site DEVELOPMENT PLAN and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such TOWER. No changes, additions, or ALTERATIONS may be made to any approved site DEVELOPMENT PLAN or construction plans for any such TOWER without County approval. 8. TOWER lighting. In addition to the requirements for TOWER lights specified in section 5.05.09 of this Code, TOWERS located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for TOWER lighting. 9. Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective TOWER site, subject to the following, the communication TOWERS and ACCESSORY facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the 1-75 RIGHT-OF-WAY east of the Alligator ALLEY toll booth to the eastern boundary of Collier County. 10. The TOWER and related facilities shall be subject to CONDITIONAL USE approval whenever the TOWER is to exceed a height of twenty (20) feet. TOWERS that are to be twenty (20) feet or less in height require only BUILDING permit approval from the County. a. As all such facilities must be located within the 1-75 RIGHT-OF- WAY, the facilities must be subject to approval from the owner of that RIGHT-OF-WAY, including such conditions as may be required by that owner. The owner of said RIGHT -OF-W A Y is the State of Florida, by and through the Florida Department of Transportation. b. The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses. c. Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the TOWER sharing requirements of section 5.05.09 if the TOWER is to exceed a height of 120 feet, unless the TOWER is a MONOPOLE. If the TOWER is to be used only for governmental uses, the TOWER need be shared only with other governmental entities. If the TOWER is to be occupied by an antenna under control of a non-governmental occupant of the TOWER and is to be used for any non- governmental use(s), the TOWER sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the TOWER. Page 109 of 141 . -- --. ..~"- /. WIRELESS EMERGENCY TELEPHONE SERVICE. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications TOWERS that provide wireless emergency telephone service. 1. These facilities are ESSENTIAL SERVICES. 2. Each APPLICANT for th~se permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of. the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365. 172, Florida Statutes. 3. APPLICANTS for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such APPLICANT proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned RIGHTS-OF-WAY. 4. CO-LOCATED FACILITIES. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain CONDITIONAL USE approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty- five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co-location of such facilities on a then existing above- ground TOWER or other above-ground STRUCTURE shall not be subject to the land DEVELOPMENT regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing TOWER or STRUCTURE is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable BUILDING regulations, and with all then existing permits or agreements applicable to that TOWER or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing TOWER or STRUCTURE from complying with Page 11 0 of 141 applicable permit requirements, or applicable agreement(s), or with applicable land DEVELOPMENT regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 5. NEW TOWERS OR ANTENNAS. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service TOWER, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for CONDITIONAL USE approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land DEVELOPMENT regulations (including aesthetic requirements), or with applicable BUILDING regulations. 6. SUFFICIENCY NOTICE. Within twenty (20) business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit APPLICANT whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the APPLICANT of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the APPLICANT whether the applicable zoning classification allows the applied-for use(s) without rezoning, without CONDITIONAL USE approval, or without any other related ancillary approval process or permission. 7. DEFAUL T APPROVAL. a. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: i. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a CONDITIONAL USE, or without the need to apply for some other permit; Page 111 of 141 -~_.,--~._- ,.-- ii. the County fails to either grant or deny the applied-for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and iii. the APPLICANT has not agreed to an extension of time, as provided in paragraph (8) below. b. However, the applied-f9r permit shall not be deemed granted if final action requires. action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time. 8. WAIVER. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit APPLICANT. Narrow exception: a one- time time line waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications TOWER permitting activities which! had been formally declared by the County, by the State of Florida, or by the federal government. 5.05.10 Travel Trailer and RECREATIONAL VEHICLE Park Design Standards A. The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park. 1. 200 square feet for each travel trailer and park model LOT or campsite for the first 100 LOTS or spaces; 2. 150 square feet for each LOT or designated space in excess of 100 LOTS or spaces; and 3. One-half (1/2) of the water surface within the park may be credited toward the required recreation area, except that at least fifty (50) percent of the required recreation area shall be land area. B. All LOTS/spaces within a TTRVC park shall have direct ACCESS from an intemal STREET. All intemal STREETS within the district shall provide safe and convenient ACCESS to a public STREET. The RIGHT-OF-WAY widths, paving widths, and other construction standards, including gradient and alignment of all internal STREETS and drainage shall be subject to the standards for DEVELOPMENT of supporting ,infraSTRUCTURE as provided in the SUBDIVISION regulations, section 4.03.00. For the purpose of this subsection, internal STREETS shall refer to STREETS, including necessary RIGHT-OF-WAY or EASEMENT, located within the Page 112 of 141 confines of the project legal description and providing no ACCESS to other land PARCELS. C. Required facilities for campsites and TTRV LOTS. 1. Sanitary facilities, including flush toilets, and showers within 300 feet walking distance from every campsite LOT and as approved by the Collier County health department, or in the event of a private on-site system connectic;ln to a county system subject to county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times. 2. Potable water supply as approved by the County Manager or designee pursuant to section 4.03.00. 3. A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, LOTS or other TTRVC LOTS or parking areas. 4. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available, and a telephone is available for public use. 5. One (1) parking space per campsite or TTRV LOT. 6. Unless every travel trailer site has a sanitary waste outlet, a central pump-out station shall be provided. 7. TTRV vehicles including park model, travel trailers, may be permanently located on a LOT; however, no permanent residency is allowed. Where travel trailer/park model LOTS are being sold to individuals, the developer/owner of the LOTS shall include in the title transfer document a covenant attesting to the fact that the LOT cannot be used as a place of permanent occupancy. All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park in existence on the effective date of this district shall be ALTERED so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the DEVELOPMENT shall conform with all other regulations of this district. 8. Every proprietor, manager, homeowners' association, or CONDOMINIUM association of a TTRV park shall maintain a register of tenants or occupants, noting the. duration of the rental arrangement or length of occupancy for owner/occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the County Manager. In the event of owner/occupied LOTS within the TTRVC district, said Page 113 of 141 -"'. owner is responsible for registering his or her arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as herein provided. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code. Ar,y proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. 9. Park model travel trailers, when positioned on a LOT in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system. Additionally, such units must obtain electrical service directly'from the electric utility authorized to provide such service in Collier County. 10. ACCESSORY USES. a. Enclosed utility/storage area shall be of the same siding material and architectural style as that of the associated RECREATIONAL VEHICLES, not to exceed an area of sixty (60) square feet. b. Any utility/storage area shall be located ADJACENT to its associated RECREATIONAL VEHICLE and made a continuous part of a screened-in porch where such a porch is attached to the vehicle as herein provided. Where utility/storage areas are made a continuous part of a screened-in porch, the area of the utility/storage area may not exceed 25 percent of the area of the screened-in porch or 120 square feet, whichever lesser. The County Manager or his designee may administratively approve an exception to ACCESSORY STRUCTURE size limitation where such exception is necessary to allow for accessibility, in accordance with the specifications set forth in Section 4 of the Americans with Disabilities Act (ADA), to accommodate a physically handicapped individual. c. For RECREATIONAL VEHICLES fixed by a permanent anchoring system, a screened-in porch elevated or at ground level with a solid roof STRUCTURE, architecturally compatible with its associated RECREATIONAL VEHICLE, not to exceed an area equal to the area of the RECREATIONAL VEHICLE to which it is attached. Said screened-in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls. All such screened Page 114 of 141 enclosures must be permitted and constructed according to this Code and applicable BUILDING codes. Exterior walls may be enclosed with screen, glass or vinyl windows, except that the storage area shall be enclosed with the same material as the principal unit. ., d. Campgrounds containing 100 spaces or more shall be permitted a convenience commercial facility no greater than 15,000 square feet in total land area. This faciUty shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage and lighting, from any public or private STREET or RIGHT-OF-WAY external to the park. 11. CONDITIONAL USES - CAMPING CABINS subject to the following standards: a. One CAMPING CABIN per approved TTRVC LOT. b. The maximum number of CAMPING CABIN LOTS in anyone TTRVC park shall be ten percent of the total number of approved TTRVC LOTS, not to exceed a total number of twenty (20) CAMPING CABIN LOTS. c. Maximum floor area of 220 square feet. d. No internal water or cooking facilities. e. CAMPING CABINS may not be designed as a permanent residence, however, tiedowns or other safety devices may be used in order to provide security against high winds. f. CAMPING CABINS must be constructed of natural wood materials such as logs, redwood, cedar, or cypress in order that it may blend harmoniously into the natural landscape character normally found in a TTRVC or campground setting. g. The general DEVELOPMENT standards required for the TTRVC park shall be applicable to the CAMPING CABIN LOTS. h. All materials and construction must be in accordance with the Collier County BUILDING code and the requirements of the Standard BUILDING Code (SBC). i. At least one room of the CAMPING CABIN must have a minimum of 150 square feet of floor area. j. If CAMPING CABINS are to be located in a FLOOD hazard zone as delineated on the most recent ,FLOOD INSURANCE RATE MAPS, all requirements of Section 3.02.00 of this LDC must be met. Page 115 of 141 -- -. k. A party shall be allowed a maximum length of stay of two (2) weeks in a CAMPING CABIN. 5.05.11 Carwashes ABUTTING Residential Zoning Districts A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. B. Minimum YARDS. 1. FRONT YARD SETBACK: fifty (50) feet. 2. Side YARD SETBACK: fC?rty (40) feet. 3. Rear YARD SETBACK: forty (40) feet. C. A carwash shall not be located on a LOT with less than 150 feet of FRONTAGE on a dedicated STREET or highway. D. Minimum LOT size is 18,000 square feet. E. If a carwash ABUTS a residential district, a masonry or equivalent wall constructed with a decorative finish, six (6) feet in height shall be erected along the LOT LINE opposite the residential district and the LOT LINES perpendicular to the LOT LINES opposite the residential district for a distance not less than fifteen (15) feet. The wall shall be located within a landscaped BUFFER as specified in section 4.06.00. All walls shall be protected by a barrier to prevent vehicles from contacting them. F. The BUILDING shall maintain a consistent architectural theme along each BUILDING FACADE. G. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. H. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the BUILDING, but may not be located in any required YARD area. I. Carwashes ABUTTING residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 5.06.00 SIGNS 5.06.01 Generally Increased numbers and sizes of SIGNS, as well as certain types of lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate erection of SIGNS degrades the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic value of tourism, visitation and permanent economic growth. Page 116 of 141 A. Purpose and intent. It is the intent and purpose of this SIGN code, and it shall be interpreted, to implement the goals, policies and objectives of the growth management plan, and to promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling SIGNS which are intended to communicate to the public and to authorize the use of SIGNS which are: ""1, 1. Compatible with their surroundings. 2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. 3. Appropriate to the type of activity to which they pertain. 4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property and small enough to satisfy the needs for regulation. 5. Reflective of the identity and creativity of the individual occupants. 5.06.02 SIGNS Exempt from These Regulations In addition to those SIGNS identified elsewhere in this Code, the following SIGNS are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. SIGNS required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional SIGNS, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such SIGNS are posted. On- premises directional SIGNS shall be limited to two at each vehicle ACCESS point and a maximum of four intemal to the DEVELOPMENT. Internal SIGNS are not intended to be readily visible from the road. Directional SIGNS are also subject to restrictions of section 5.06.06 (C)(10) of this Code. C. One identification SIGN, professional nameplate, or occupational SIGN for each professional office, or business establishment not to exceed two Page 11 7 of 141 ._.. square feet in SIGN area and placed flush against a BUILDING face or mailbox side, and denoting only the name of the occupant and, at the occupant1s election, the occupant's profession or specialty and/or the STREET address of the premise. D. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative SIGNS when cut into any masonry surface or when constructed of bronze or other noncombustible materials. E. "No Trespassing," "No Dumping," or other prohibitorY or safety type SIGNS, provided each SIGN does not exceed three square feet in size. F. One ground or wall IIFor Sale, II "For Rent," or similar SIGN per STREET FRONT AGE for each PARCEL, or LOT less than ten acres in size. G. One on-premises SIGN for model homes, approved in conjunction with a temporary use permit in any zoning district. H. One on-premises open house SIGN not to exceed four square feet in size. Such SIGN shall not be located within ten feet of any property line, RIGHT-OF-WAY or ACCESS EASEMENT. I. Bulletin boards and identification SIGNS for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. J. SIGNS located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per SIGN. SIGNS shall be oriented along the fence or wall to face the field(s) or playing area, and away from any ADJACENT public or private roads. K. Traffic control and safety SIGNS or other municipal, county, state or federal SIGNS, legal notices, railroad crossing SIGNS, danger SIGNS and such temporary emergency SIGNS when erected by an appropriate authority. L. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. M. Non-electrical, non-illuminated and non-reflective window SIGNS not exceeding 25 percent of each window area. N. SIGNS located at the entrance drive of residences located upon 2.25- acre LOTS or greater, displaying the name and address of the resident Page 118 of 141 and not exceeding four square feet in area. O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished GRADE or extend more than ten feet from any BUILDING they are attached to, are allowable if the number of fl~gs displayed does not exceed those described in this section and the .flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.02. P. Advertising and identifying SIGNS located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such SIGN does not violate section 5.06.03 of this Code. Q. Religious displays that do not constitute advertising. R. Painting, repainting or cleaning without modifying the existing SIGN copy or design of an advertising STRUCTURE, or changes which are determined by the County Manager or his designee to be less than a SUBSTANTIAL IMPROVEMENT. S. Copy changes for SHOPPING CENTERS, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. T. One ground or wall SIGN may be used as a construction SIGN by the general contractor of the DEVELOPMENT, within each FRONT YARD for each PARCEL less than ten acres in size. U. Temporary SIGNS in conjunction with an approved temporary use permit. V. One SIGN indicating only the business.s or establishment1s operational status at that time may be installed and illuminated inside that business or establishment, provided said SIGN (1) does not exceed 2.25 square feet in total size, (2) has a cabinet enclosed on all sides, (except for SIGNS illuminated with gas filled tubing aka Uneonl') and (3) includes a front panel that is clear or translucent (except for SIGNS illuminated with gas filled tubing aka UneonU). The only allowable illumination source(s) for said SIGN is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka Uneon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a SIGN that would otherwise be prohibited by this Code. Page 11 9 of 141 -._--- --- 5.06.03 Prohibited SIGNS It shall be unlawful to erect, cause to be erected, maintain or cause. to be maintained, any SIGN not expressly authorized by, or exempted from this Code. The following SIGNS are expressly prohibited: A. SIGNS which are in violation of the BUILDING code or electrical code adopted by Collier County. '.. B. Abandoned SIGNS. C. Animated or activated SIGNS, except special purpose time and temperature SIGNS and barber pole SIGNS complying with section 5.06.06 C.9.b. D. Flashing SIGNS or electronic reader boards. E. Rotating SIGNS or displays, except barber pole SIGNS complying with section 5.06.06 C.9.b. F. Illuminated SIGNS in any residentially zoned or used district, except residential identification SIGNS, residential nameplates, and STREET SIGNS that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by CONDITIONAL USE, PUD ordinance, or as otherwise provided for within the land DEVELOPMENT code, shall be allowed the use of illuminated SIGNS, subject to the approval of the community services administrator or his designee. G. SIGNS located upon, within, or otherwise encroaching upon county or public RIGHTS-OF-WAY, except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted SIGNS. J. Neon type SIGNS, except non-exposed neon SIGNS covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof SIGNS. L. Portable SIGNS. Page 120 of 141 M. SIGNS which resemble any official SIGN or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic SIGN or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State Law References: DisplaY,9f unauthorized traffic SIGNS, signals or markings, F.S. ~ 316.077. N. SIGNS, commonly referred to as snipe SIGNS, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. O. Wind SIGNS (except where permitted as part of this section of this Code) . P. Any SIGN which is located ADJACENT to a county RIGHT -OF-WAY within the unincorporated areas of the county which SIGN was ereCted, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.03. Such SIGNS shall include but are not limited to structural SIGNS, freestanding SIGNS, [and] SIGNS attached or affixed to STRUCTURES or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any SIGN which emits audible sound, vapor, smoke, or gaseous matter. T. Any SIGN which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government SIGN, signal, or device. U. Any SIGN which employs motion, has visible moving parts, or gives Page 121 of 141 -- the illusion of motion (excluding time and temperature SIGNS). V. Any SIGN which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening .required for proper light and ventilation. W. Any SIGN which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, cont~nt, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. SIGNS mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said SIGN is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted SIGN does not exceed two square feet. This section shall not apply to magnetic type SIGNS affixed to or SIGNS painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with SIGNS painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such SIGNS is offered. Y. Any SIGN which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any SIGN which advertises or publicizes an activity not conducted on the premises upon which the SIGN is maintained, except as otherwise provided for within this Code. AA. No SIGN shall be placed or permitted as a PRINCIPAL USE on any property, in any zoning district except as follows: U-Pic SIGNS, political SIGNS or SIGNS approved by temporary permit pursuant to the time limitations set forth herein. BB. Inflatable SIGNS. CC. ACCENT LIGHTING as defined in this Code. DO. Illuminated SIGNS, neon or otherwise, installed inside businesses and intended to be seen from the outside. SIGNS that comply with the Page 122 of 141 provisions of section 5.06.02 (V) of this Code are exempt from this section. EE. All SIGNS expressly prohibited by this section and their supporting STRUCTURES, shall be removed within 30 days of notification that the SIGN is prohibited by the Collier County Code Enforcement Director, or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be ALTERED so that they no longer violate this section. Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be treated as NONCONFORMING SIGNS and removed pursuant to section 9.03.03 D. 5.06.04 Permitted SIGNS A. SIGNS within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 1. DEVELOPMENT standards. i I I I a. Maximum allowable height. All SIGNS within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline GRADE of the nearest public or private R.O.W. or EASEMENT to the uppermost portion of the SIGN STRUCTURE. b. Minimum SETBACK. All SIGNS within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. as determined by the county for safety and operation. 2. Real estate SIGNS. The following SIGNS classified as real estate SIGNS shall be permitted in residential districts subject to the following: a. One ground SIGN with a maximum height of six feet or wall "For Sale," For Rent," or similar SIGN, with a maximum of four square feet in size, per STREET FRONTAGE for each PARCEL, or LOT less than one acre in size. Said SIGN shall be located no closer than ten feet from any ADJACENT residentially used property and may be placed up to the property line ABUTTING a RIGHT-OF-WAY, provided it is a minimum of ten feet from the Page 123 of 141 ---,.,~ "-'- edge of pavement. (No BUILDING permit required.) b. One ground SIGN with a maximum height of eight feet or wall "For Sale," "For Rent," or similar SIGN, with a maximum of 12 square feet in size, per STREET FRONTAGE for each PARCEL, or LOT one to ten acres in size. (No BUILDING permit required.) c. One pole SIGN with a maximum height of .15 feet or wall "For Sale," "For Rent," or similar SIGN, with a maximum of 64 square feet in size, per STREET FRONTAGE for each PARCEL or LOT in excess of ten acres in size. d. Real estate SIGNS shall not be located closer than ten feet from any property line. In the case of undeveloped PARCELS where the existing vegetation may not allow the location of the SIGN ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required SETBACK however, in no case shall said SIGN be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. e. Real estate SIGNS shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home. f. A SIGN advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. 3. Model home SIGNS. One on-premises SIGN for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 32 square feet. Model home SIGN copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home SIGNS shall not be illuminated in any manner. (No BUILDING permit required.) 4. Construction SIGNS. All supports for such SIGNS shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: a. One ground SIGN with a maximum height of six feet or wall SIGN, with a maximum of four square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL less than one acre in size. (No BUILDING permit Page 124 of 141 required.) b. One ground SIGN with a maximum height of eight feet or wall SIGN, with a maximum of 12 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL one to ten acres in size. (No BUILDING permit required.) '.. c. One pole SIGN with a maximum height of 15 feet or wall SIGN, with a maximum of 64 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL in excess of ten acres in size. d. One ground or wall SIGN, with a maximum of four square feet in size, may be used as a construction SIGN by 'each contractor, lending institution, or other similar company involved with the DEVELOPMENT, regardless of PARCEL size. . (No BUILDING permit required.) I , 5. Residential directional or identification SIGNS. Directional or identification SIGNS no greater than four square feet in size, and located internal to the SUBDIVISION or DEVELOPMENT may be allowed subject to the approval of the County Manager or his designee, or his designee. Such SIGNS shall only be used to identify the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc. These SIGNS may be clustered together to constitute a SIGN with a maximum area of 24 square feet and a maximum height of eight feet. Such clustered SIGNS shall require a BUILDING permit. For signage to be located along the Golden Gate Parkway see section 2.03.07. 6. On-premises SIGNS within residential districts. Two ground SIGNS with a maximum height of eight feet or wall residential entrance or gate SIGNS may be located at each entrance to a multi-family, single- family, MOBILE HOME or RECREATIONAL VEHICLE park subject to the following requirements: a. Such SIGNS shall contain only the name of the SUBDIVISION, the insignia or motto of the DEVELOPMENT and shall not contain promotional or sales material. Said SIGNS shall maintain a ten-foot SETBACK from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge SIGNS located on private bridges directly leading to private communities shall not be considered off- Page 125 of 141 ._,...... '-'--""'.~ .,,-_.. "...- -.-. premise SIGNS. Bridge SIGNS complying with the requirements of section 5.06.04 may be substituted for ground or wall SIGNS in residential districts. b. The ground or wall SIGNS shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. c. Logos without any verbal content and similar architectural features less than ten square feet in area not containing any letters or numbers shall not be considered SIGNS and shall be allowed throughout the DEVELOPMENT. However, should such architectural embellishments be located closer than ten feet to any SIGN, then it should be considered an integral part of the SIGN and shall be subject to the restrictions of this section. 7. CONDITIONAL USES within the residential and agricultural districts. a. CONDITIONAL USES within the residential district are permitted one wall SIGN with a maximum of 32 square feet. Corner LOTS are permitted two such wall SIGNS. b. CONDITIONAL USES within the agricultural district in the urban area, residential and estates districts with a STREET FRONT AGE of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground SIGN with a maximum height of eight feet and a maximum area of 32 square feet. c. Bulletin boards and identification SIGNS for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. (No BUILDING permit required.) d. The board of county commissioners may approve additional signage as may be deemed appropriate during the CONDITIONAL USE approval process. B. SIGNS within non-residential districts: 1. Design criteria and unified SIGN plan. Where multiple on-premise SIGNS are proposed for a single site or project, or in the case of a SHOPPING CENTER or multi-use BUILDING; a unified SIGN plan shall be employed. An application for site DEVELOPMENT or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified SIGN plan to be utilized on the Page 126 of 141 site. The unified SIGN plan must be applied for by the property owner, or his or her AUTHORIZED AGENT. The unified SIGN plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: a. Colors; ',t. b. Construction materials and method; c. Architectural design; d. Illumination method; e. Copy style; f. SIGN type(s) and location(s); and, conformance witn the following: 'I g. No wall SIGN shall exceed 80 percent of the width of the unit(s) or the BUILDING occupied by a business with a minimqm of ten percent clear area on each outer edge of the unit(s) or the BUILDING; h. All wall SIGNS for multi-use BUILDINGS shall be located at a consistent location on the BUILDING FACADE, except that ANCHOR TENANTS may vary from this locational requirement in scale with the anchors tenant's larger primary FACADE dimensions. All SIGNS shall adhere to the dimensions provided for in the unified SIGN plan; and i. Pole SIGNS shall provide a pole cover no less than 50 percent of the width of the SIGN, with architectural design features including colors and/or materials common to those used in the design of the BUILDING the SIGN is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole SIGN, consistent with the provisions of this section of this Code. j. The SIGN shall not be in the shape of a logo and the logo shall not protrude from the SIGN. k. The use of fluorescent colors is prohib~ted. I. OUTPARCELS. In addition to the above requirements, SIGNS for OUTPARCELS, regardless of the size of the OUTPARCEL, Page 127 of 141 ,.,-- '""B shall be limited to the following: i. In addition to any wall SIGNS permitted by this Code, OUTP ARCELS may by allowed one additional sixty square foot wall SIGN facing the SHOPPING CENTER if the additional SIGN is not oriented towards any public RIGHT. OF.W A Y. In no case shall the number of wall SIGNS for an OUTPARCEL exce~d two SIGNS; and, ii. A single ground SIGN for OUTP ARCELS having a FRONT AGE of 150 feet or more, not to exceed 60 square feet. Ground SIGNS shall be limited to eight feet in height. 5.06.05 DEVELOPMENT Standards for SIGNS A. DEVELOPMENT standards. 1. Maximum allowable height. All pole or ground SIGNS within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an ARTERIAL or COLLEC~OR ROADW A Y and 12 feet for all other roads, except as provided iri this Code for pole or ground SIGNS for AUTOMOBILE SERVICE STATIONS and OUTPARCELS which are limited to a maximum height of eight feet; 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 R.O.W. or EASEMENT to the uppermost portion of the SIGN STRUCTURE. 2. Minimum SETBACK. All pole or ground SIGNS within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. Directory SIGNS shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. 3. Maximum allowable SIGN area: 80 square feet for pole or ground SIGNS located along an arterial or COLLECTOR ROADWAY and 60 square feet for all other roads, 60 square feet for OUTPARCELS and AUTOMOBILE SERVICE STATIONS and 150 square feet for directory SIGNS. 4. The location of all permanent pole, ground and directory SIGNS shall be shown on the landscape plans as required by section 4.06.05. 5. The maximum size limitation shall apply to each STRUCTURE. Pole or ground SIGNS may be placed back to back or in V-type Page 128 of 141 construction with not more than one display on each facing for a maximum of two display areas for each V-type SIGN, and such SIGN STRUCTURE shall be considered as one SIGN. 6. Spot or floodlights shall be permitted only where such. spot or floodlight is non-revolving and said light shines only on the owner's premises or SIGNS and away from any RIGHT-OF-WAY. 5.06.06 SIGN Standards for Specific Situations A. Real estate SIGNS: As defined, shall be permitted in non-residential districts subject to the following: 1. One ground SIGN with a maximum height of ten feet or wall SIGN with a maximum area of twelve square feet in size per STREET FRONTAGE for each PARCEL, or LOT less than one acre in size. (No BUILDING permit required.) 2. One ground SIGN with a maximum height of ten feet or wall SIGN with a maximum 32 square feet in size, per STREET FRONTAGE for each PARCEL, or LOT one to ten acres in size. (No BUILDING permit required.) 3. One ground SIGN with a maximum height of 15 feet or wall SIGN with a maximum of 64 square feet in size, per STREET FRONT AGE for each PARCEL or LOT in excess of ten acres in size. A BUILDING permit is required. 4. Real estate SIGNS shall not be located closer than ten feet from any property line. In the case of undeveloped PARCELS where the existing vegetation may not allow the location of the SIGN ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required SETBACK however, in no case shall said SIGN be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate SIGNS shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A SIGN advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction SIGNS. All supports for such SIGNS shall be securely Page 129 of 141 -.-.--- _.,~ ----- built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground SIGN with a maximum height of ten feet or wall SIGN, with a maximum of 12 square feet, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL less than one acre in size. (No BUILDING .permit required.) 2. One ground SIGN with a maximum height of ten feet or wall SIGN, with a maximum of 32 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL one to ten acres in size. (No BUILDING permit required.) 3. One pole SIGN with a maximum height of 15 feet or wall SIGN,' with a maximum of 64 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a p~rmit board, within each FRONT YARD for each PARCEL in excess of 10 acres in size. \ 4. One ground or wall SIGN, with a maximum of 4 square feet in size, may be used as a construction SIGN by each contractor, lending institution, or other similar company involved with the DEVELOPMENT, regardless of PARCEL size. (No BUILDING permit required). 5. All construction SIGNS must be removed prior to the issuance of a certificate of occupancy. C. On-premise SIGNS. On-premise pole SIGNS, ground SIGNS, projecting SIGNS, wall SIGNS, and mansard SIGNS shall be allowed in all non residentially zoned districts subject to the restrictions below: 1. Pole or ground SIGNS. Single-occupancy PARCELS, SHOPPING CENTERS, office complexes, business parks, or industrial parks having FRONT AGE of 150 feet or more on a public STREET, or combined public STREET FRONT AGE 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, and all SETBACK requirements are met. In no case shall the number of pole or ground SIGNS exceed two per STREET FRONTAGE. In addition, multiple-occupancy PARCELS such as SHOPPING CENTERS, office complexes, business parks, or industrial parks containing 25,000 Page 130 of 141 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory SIGN for a single entrance on each public STREET. When a directory SIGN is proposed then pole or ground SIGNS shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory SIGN shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on OUTPARCELS shall not appear of directory SIGNS. a. Ground SIGNS for smaller LOTS. Single-occupancy PARCELS, SHOPPING CENTERS, office complexes, business parks, and industrial parks may be issued a SIGN permit for one ground SIGN provided that the following minimum requirements are met, as applicable: i. For those LOTS or PARCELS with public road FRONTAGE of no less than 100 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 comer LOTS or PARCELS: a) No portion of the ground SIGN may be located closer than 10 feet from any property line; b) a planting area of no less than 100 square feet shall be provided around the base of the ground SIGN; c) the ground SIGN'S arch itectu ral design, construction, and color shall include features common to those used in the design of the BUILDING where the corresponding business requesting the SIGN is accessory to; d) the ground SIGN may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) any illumination of the SIGN must be non- revolving and shine away from any right-or-way, and shall require an electrical permit. f) the STREET address for the business(es) shall be displayed in numerals at lea,st 8 inches high on all faces of the SIGN and must be located so as to not be covered by landscaping or other impediments; and Page 1 31 of 141 _~__n_ -_.~. g) no other free-standing SIGNS will be allowed on the same LOT or PARCEL. ii. In addition, for those LOTS or PARCELS with FRONTAGE of 121 to 149.9 feet, or a combined public STREET FRONT AGE of no less than 150 feet for comer LOTS or PARCEL$. but less than 219.9 feet: a) 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 b) the maximum allowable SIGN area is 32 square feet iii. In addition, for those LOTS or PARCELS with FRONTAGE of 100 to 120.9 feet: I i I I a) the ground SIGN shall be limited to 6 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 b) the maximum allowable SIGN area is 16 square feet. b. The minimum SETBACK requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required SETBACK be reduced to less than five feet. The County Manager or his designee's decision to reduce the required SETBACK shall be based on the following: i. Where it can be demonstrated that within the ADJACENT RIGHT-OF-WAY the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required SETBACK will result in the SIGN being any closer than 30 feet to the edge of pavement; Page 132 of 141 ii. Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required SETBACK will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; iii. Where due,.. to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required SETBACK so as to most appropriately locate the SIGN STRUCTURE; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 2. Wall, mansard, canopy or awning SIGNS. One wall, mansard, canopy or awning SIGN shall be permitted for each single-occupancy PARCEL, or for each establishment in a multiple-occupancy PARCEL. End units within SHOPPING CENTERS, or single occupancy PARCELS where there is double FRONTAGE on a public RIGHT-OF- WAY, shall be allowed two SIGNS, but such SIGNS shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall SIGNS; however, the combined area of those SIGNS shall not exceed the maximum allowable display area for SIGNS by this Code. a. The maximum allowable display area for SIGNS shall not be more than 20 percent of the total square footage of the visual FACADE of the BUILDING to which the SIGN will be attached and shall not, in any case, exceed 150 square feet for BUILDINGS or units up to 24,999 square feet, 200 square feet for BUILDINGS or units between 25,000 and 59,999 square feet and 250 square feet for BUILDINGS over 60,000 square feet in area. 3. Projecting SIGNS. Projecting SIGNS may be substituted for wall or mansard SIGNS provided that the display area of the projecting SIGN shall not exceed 60 square feet of display area. a. Projecting SIGNS shall not project more than four feet from the BUILDING wall to which it is attached. b. Projecting SIGNS shall not extend above the roofline of the BUILDING to which it is attached. Page 133 of 141 ._--^ '.'..0__.- --- c. Projecting SIGNS shall not project into the public RIGHT- OF-WAY. d. Projecting SIGNS which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 4. Under-canopy SIGNS. In addition to any other SIGN allowed by this Code, one under-canopy SIGN shall be allowed for each establishment in a SHOPPING CENTER. This SIGN shall not exceed six square feet in area and shall be a minimum of eight feet above finished GRADE. Under canopy SIGNS do not require a BUILDING permit unless the SIGN is equipped with an electrical component. 5. Signage for AUTOMOBILE SERVICE STATIONS. The following are the only SIGNS allowed in AUTOMOBILE SERVICE STATIONS and convenience stores with gas pumps. a. Window SIGNS: As allowed in section 5.06.03 of this Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is ADJACENT to a dedicated STREET or highway. Otherwise, ACCENT LIGHTING, back lighting and accent striping are prohibited on canopy STRUCTURES. c. One ground SIGN shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the SIGN face is less than eight feet above GRADE. Maximum permitted area 60 square feet. d. Signage, logos, advertising and information are prohibited above gas pumps. e. Wall SIGNS: As allowed in paragraph 2. above of this Code. f. SIGNS: As allowed in section 5.06.03 of this Code. 6. SIGNS within planned unit DEVELOPMENTS (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive SIGN plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. SIGN classes and sizes for planned unit DEVELOPMENTS should be the same as the standards found within this Code for the zoning district the DEVELOPMENT most closely Page 134 of 141 resembles, unless such planned unit DEVELOPMENTS have comprehensive SIGN standards contained in the PUD document. 7. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Three non- commercial flags may be displayed at the entrance of a commercial, office, industrial or residential DEVELOPMENT. Where these DEVELOPMENTS have multiple entrances, any entrance may have up to three flags each, provided: the DEVELOPMENT is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a DEVELOPMENT provided the flags are not visible to motorists along any FRONTAGE roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any FRONTAGE roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the DEVELOPMENT. a. All flagpoles with a height in excess of 15 feet above finished GRADE or that extend more than ten feet from any BUILDING that they are attached to shall be subject to the BUILDING permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all STRUCTURES (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. b. On single-family or DUPLEX LOTS flagpoles shall not exceed 30 feet in height above finished GRADE. For all other residential zoned PARCELS, flagpoles shall not exceed 35 feet in height from the finished GRADE or extend more than 20 feet from any BUILDING to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished GRADE. In all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished GRADE, nor extend more than 20 feet from any BUILDING to Page 135 of 141 .____ .""_~_. uu___" _"_._ which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to which it is attached. c. All flags in all zoning districts shall have a minimum five foot SETBACK from all property lines. 8. Temporary SIGNS. The erection of any temporary SIGN shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. APPLICANTS for temporary SIGN permits shall pay the minimum fee established for said permit. Temporary SIGNS shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. a. Political SIGNS. Political campaign SIGNS and posters shall be permitted subject to the following requirements: i. Prior to the erection, installing, placing, or displaying of a political SIGN a bulk temporary permit shall be obtained. The permit number shall appear on every SIGN or on the pole supporting the SIGN. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. A cash bond in the amount of $500.00 shall be posted with the Collier County Community DEVELOPMENT and Environmental Services Division to insure adequate clean up and removal of all political SIGNS installed under the said permit. This bond is not intended to replace the APPLICANT'S responsibility to remove all political SIGNS installed under the said permit. The Collier County Community DEVELOPMENT and Environmental Services Division shall return such bond to the permittee if all SIGNS for the candidate or the issue for which the permit was issued are removed within seven days after the election. I n the case of noncompliance with the requirements of this Code the bond will be forfeited. ii. Political campaign SIGNS or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political SIGNS placed within residential districts shall require written permission from the Page 136 of 141 property owner. iii. Political campaign SIGNS or posters will be permitted in all other zoning districts within a maximum copy area of 32 square feet per SIGN, and shall be located no closer than ten feet to any property line. The number of such SIGNS shall be limited to one SIGNS for each LOT or PARCEL per bulk permit issued fC?r each candidate or issue. iv. All supports shall be securely built, constructed and erected to conform with the requirements of this Code. v. The maximum height of any political campaign SIGN or poster, except those that may be affixed to a wall, shall be limited to eight feet. vi. Political SIGNS shall be erected not more thah 45 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. : I I b. Grand opening SIGNS. An occupant may display an on-site grand opening SIGN not exceeding 32 square feet. The banner SIGN shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. c. Special events SIGNS. A special events SIGN not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such SIGN shall be located no closer than ten feet to any property line. Such SIGNS shall require a BUILDING permit. Special event SIGNS shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within seven calendar days after the event has taken place. d. "Coming soon SIGNS." A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" SIGN located within a non-residential district. This SIGN must not exceed 32 square feet and the temporary use permit number must be placed at the base of the SIGN not less than one-half inch from the bottom. The SIGN must not be displayed for a period of more than six months from the issuance of a BUILDING permit or until the issuance of a permanent SIGN, whichever occurs first. The non-refundable fees for this temporary Page 137 of 141 .-. ^.. ""<- ~--, --...,.. , --~ use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" SIGN is defined as a ground SIGN used to inform the public of the entry of a new business within a six-mo'nth time period. However, this SIGN may not be located within any public RIGHT-Of-WAY or EASEMENT. 9. Special purpose SIGNS (on-site). Due to the unique and varied nature of the following uses, additional SIGNS may be required to provide the desired LEVEL Of SERVICE to the public. Special purpose SIGNS shall be permitted as follows: a. Time and temperature SIGNS. One time and temperature SIGN having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such SIGNS may be affixed to the STRUCTURE of a pole or ground SIGN. Such SIGN shall require a BUILDING permit. b. Barber Pole SIGNS. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful SIGN if the following and all other applicable requirements are met: i. The barber pole SIGN is attached to the exterior wall of an establishment providing the services of a licensed barber; ii. Each such establishment (barbershop, salon, etc.) is limited to only one barber pole SIGN; iii. No barber pole SIGN may move or rotate except when the establishment is open and providing the services of a licensed barber; and iv. All barber pole SIGNS that illuminate, whether or not they rotate, otherwise comply with sec. 5.06.06 C.13. for illuminated SIGNS. 10. Commercial, business park and industrial directional or identification SIGNS. Directional or identification SIGNS no greater than six square feet in size, four feet in height, and located internal to the SUBDIVISION or DEVELOPMENT and with a minimum SETBACK of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such SIGN shall Page 138 of 141 only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the DEVELOPMENT. Directional or identification SIGNS maintaining a common architectural theme may be combined into a single SIGN not to exceed six feet in height and 64 square feet in area. Such SIGNS shall require a BUILDING permit. For signage to be located along the Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plc;i[!. Logos shall not occupy more than 20 percent of the directional SIGN area when the said SIGN is more than six square feet in area. Directional SIGNS are 'also subject to restrictions of section 5.06.02 of this Code. 11. On-premise SIGNS within agricultural districts in the' rural agricultural area designated on the future land use map of the growth management plan. On-premises SIGNS shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: a. One pole or ground SIGN identifying the farm organization, located at the entrance or gate of each STREET fRONT AGE,! and only for permitted AGRICULTURAL USES. The maximum allowable SIGN area for each pole or ground SIGN shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property lines, public or private RIGHT-Of-WAY or EASEMENT. i. On premise SIGNS within agricultural zoned districts in the urban area shall comply with the requirements of section 5.06.04 A. of the Land DEVELOPMENT Code. b. Seasonal farm SIGNS (on-site). One temporary ground SIGN, with a maximum height of ten feet, and located a minimum of ten feet from any property line, public or private RIGHT-Of-WAY or EASEMENT, identifying the farm, farm organization, entrance, or gate not exceeding 32 square feet in area. This SIGN shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such SIGNS shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such SIGNS shall require a BUILDING permit. c. V-Pic SIGNS. One U-Pic SIGN located at the entrance on each STREET fRONT AGE. The maximum allowable SIGN area for each U-Pic SIGN shall not exceed 32 square feet in area and a maximum height of ten feet, and shall be located a minimum of ten Page 139 of 141 -".,-....- .'. -- ... --"---.--- <~.- feet from any property line, public or private RIGHT-Of-WAY or EASEMENT. d. Wall, mansard canopy or awning SIGNS within agricultural districts. Wall, mansard, canopy or awning SIGNS shall be permitted within agriculturally zoned or used property, for agri- commercial uses defined within the Collier County zoning ordinance only, and subje9~ to the following restrictions: i. One wall or mansard, canopy or awning SIGN shall be permitted for each PRINCIPAL USE STRUCTURE on the PARCEL. Comer PARCELS or double-fRONTAGE PARCELS shall be allowed one SIGN per STREET fRONT AGE, but such SIGNS shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any SIGN shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per SIGN. I 12. Off-premises directional SIGNS. Off-premises directional SIGNS are permitted subject to review and approval of the design and location of such SIGNS by the County Manager or his designee, or his designee, if the following requirements are met: a. Off-premises directional SIGNS shall only be permitted in non residentially zoned, or agricultural districts. b. No more than two one-sided or one double-sided off-premise directional SIGNS shall be permitted, identifying the location and nature of a BUILDING, STRUCTURE, or use which is not visible from the ARTERIAL ROADWAY serving such BUILDING, STRUCTURE, or uses, provided: i. Each SIGN is not more than 12 square feet in area. ii. The SIGN is not more than eight feet in height above the lowest center GRADE of the ARTERIAL ROADWAY. Hi. The SIGN is located no closer than ten feet to any property line. iv. The APPLICANT must submit with the permit application notarized, written permission from the property owner where the off-site SIGN is located. Page 140 of 141 v. The SIGN shall only be located within 1,000 feet of the intersection of the ARTERIAL ROADWAY serving the BUILDING, STRUCTURE, or use. c. Off-premises directional SIGNS shall not be located closer than 50 feet from a residentially zoned district. d. Off-premises directional SIGNS shall not be located closer than 100 feet from another off-premises directional SIGN. 13. Illuminated SIGNS. All illuminated SIGNS shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted SIGNS shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of ADJACENT properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Page 1 41 of 1 41 ---.""---.--....-- ----. 6.01.00 GENERALL Y 6.01.01 Utilities Required to be Installed Underground 6.01.02 Easements 6.01.03 Soils 6.01.04 Removal of Exotic Plants Required 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS 6.02.01 Generally 6.02.02 Management and Monitoring Program 6.02.03 Transportation Level Of Service Requirements 6.02.04 Drainage Facility level Of Service Requirements 6.02.05 Drainage facility Level Of Service Requirements 6.02.06 Potable Water Facility level Of Service Requirements 6.02.07 Sanitary Sewer Facility Level Of Service Requirements 6.02.08 Solid Waste Facility level Of Service Requirements 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD 6.03.01 Central Sewage System Requirements 6.03.02 Individual Sewage System Requirements 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS 6.04.01 Central Water System Requirements 6.04.02 Individual Water System Requirements 6.04.03 fire Hydrants 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENTS STANDARDS 6.05.01 Stormwater Management Sytem Requirements 6.05.02 Seawalls and Bulkheads 6.06.00 TRANSPORT A TION SYSTEM STANDARDS 6.06.01 Street System Requirements 6.06.02 Sidewalks and Bike lane Requirements --- -- 6.06.03 Streetl ig hts 6.06.04 Bridges 6.06.05 Clear Sight Distance CHAPTER 6 -INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC fACILITIES REQUIREMENTS 6.01.00 GENERALLY 6.01.01 Utilities Required to be Installed Underground All permanent utilities, including franchised utilities, power and light, telephone, water, sewer, cable television, wiring to streetlights, and gas shall be installed underground. This section shall app'ly to all cables, conduits, or wires within SUBDIVISIONS or DEVELOPMENTS forming part of an electrical distribution system, including service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems. However, agricultural land, industrial land, commercial sites, and residential LOTS larger than two (2) acres may be exempted from this requirement by the County Manager or designee if costs for the utilities to be placed underground are demonstrated to be unreasonably prohibitive. This section does not apply to wires, conduits, or associated apparatus and supporting STRUCTURES whose exclusive function is for the transmission or distribution of electrical energy between DEVELOPMENTS or SUBDIVISIONS, generating stations, substations and transmission lines of other utility systems, or along the perimeter line of SUBDIVISIONS or DEVELOPMENTS. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals, or other similar "on the ground" facilities normally used with and as a part of the underground distribution system may be placed above ground but shall be located so as not to constitute a traffic hazard. EASEMENTS shall be coordinated with the appropriate public utility providers with verification to the County Manager or designee before final SUBDIVISION plat and improvement plans approval. The installation of underground utilities or relocating existing facilities as prescribed by this section shall be in conformance with the respective utility's rules and regulations. A. Utility Casings SUBDIVISIONS or DEVELOPMENTS providing water services shall install no less than four-inch conduits to each alternate LOT on the opposite side of the STREET from the main distribution line for each STREET prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, STREET lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed STREETS prior to the completion of the stabilized subgrade. Page 1 of 33 <<--'.-'-"- --- __.__u._ 6.01.02 EASEMENTS If applicable, EASEMENTS shall be provided along LOT LINES or along the alignment of the improvements requiring EASEMENTS in accordance with all design requirements so as to provide for proper ACCESS to, and construction and maintenance of, the improvements. All such EASEMENTS shall be properly identified on the preliminary SUBDIVISION plat and dedicated on the final SUBDIVISION plat. A. Utility EASEMENTS. 1. Utility EASEMENTS no less than ten (10) feet wide, unless otherwise approved by the County Manager or designee pursuant to Chapter 10, shall be provided to accommodate all required utilities to, across, or along LOTS and, where possible, shall be centered on LOT LINES with convenient ACCESS for maintenance. Utility EASEMENTS and drainage EASEMENTS shall not be combined without prior approval of the County Manager or designee; drainage EASEMENTS shall take precedence and be so noted on the final SUBDIVISION plat. 2. All utility EASEMENTS for water and sewer facilities that will be conveyed to the Collier County Water-Sewer District shall be separately identified and dedicated on the final SUBDIVISION plat as "County Utility EASEMENT" (C.U.E.) and shall be a minimum of fifteen (15) feet wide unless otherwise approved by the utility division. Except when crossing other EASEMENTS, such EASEMENTS shall not be inconsistent with other existing utility EASEMENTS, or later subjected to uses inconsistent with the use of the EASEMENT area for utility purposes unless otherwise approved by the County Manager or designee pursuant to the conditions in Chapter 10. B. Drainage EASEMENTS. 1. Drainage EASEMENTS shall be provided to accommodate open DRAINAGE FACILITIES at a width no less than a total of ten (10) feet. The actual size of the EASEMENT in excess of the ten (10) foot minimum shall be determined based on the hydraulic design of the FLOWW A Y and the use of bank stabilization approved by the County Manager or designee or minimum side slopes at a four to one (4: 1) ratio, without stabilization. 2. Where underground drainage STRUCTURES are installed, the EASEMENT width shall be sized to accommodate construction, maintenance, and replacement of said STRUCTURES. In no case shall said EASEMENT be less than fifteen (15) feet in width, unless otherwise approved by the County Manager or designee pursuant to Chapter 10. Page 2 of 33 3. When a SUBDIVISION or DEVELOPMENT includes or requires ACCESS across canals, watercourses, water bodies, streams, drainageways, channels, naturally occurring WETLANDS (that are to be preserved), or the like, a drainage EASEMENT and adjoining maintenance/ACCESS EASEMENT shall be provided which conforms substantially to the lines of such watercourses unless otherwise approved by the County Manager or designee pursuant to Chapter 10. Maintenance and ACCESS EASEMENTS for the SUBDIVISION'S or DEVELOPMENT'S approved water management system shall be created and sized in compliance with the rules and regulations of the South Florida Water Management District (SFWMD), as amended. For canals or waterways, maintenance/ACCESS EASEMENTS shall be provided in accordance with requirements of the entity with responsibility for maintenance/ACCESS. Drainage EASEMENTS shall be created to provide for the flow of surface waters from contributory areas. C. Protected/preserve area and EASEMENTS. A nonexclusive EASEMENT or tract in favor of the County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final SUBDIVISION plats. Any buildable LOT or PARCEL subject to or ABUTTING a protected/preserve area required to be designated on the preliminary and final SUBDIVISION plats shall have a minimum twenty-five (25) foot SETBACK from the boundary of such protected/preserve area in which no principle STRUCTURE may be constructed. Further, the preliminary and final SUBDIVISION plats shall require that no ALTERATION, including ACCESSORY STRUCTURES, fill placement, grading, plant ALTERATION or removal, or similar activity shall be permitted within such SETBACK area without the prior written consent of the County Manager or designee; provided, in no event shall these activities be permitted in such SETBACK area within ten (10) feet of the protected/preserve area boundary, unless the above SETBACKS are accomplished through BUffERING pursuant to section 4.06.00. 6.01.03 Soils The construction plans for the SUBDIVISION or DEVELOPMENT shall show the location and results of test borings of the subsurface condition of the tract to be developed. If the soil investigations reveal that the area contains hardpan, other non pervious soils, peat, muck, or other unstable materials, the County Manager or designee shall require that adequate precautionary measures be included in the design and construction of the improvements to ensure that proper drainage and DEVELOPMENT of the area can be accomplished, in a manner which will prevent premature deterioration of the improvements. Page 3 of 33 -~~ .._~ " -.".. .--- "_~_u_.', 6.01.04 Removal of Exotic Plants Required All prohibited exotic plants, as defined in section 3.05.00, shall be removed during each phase of construction from DEVELOPMENT areas, OPEN SPACE areas, and preserve areas pursuant to section 3.05.00. Following site DEVELOPMENT, a maintenance program shall be implemented to prevent reinvasion of the site by prohibited exotic species. This plan shall describe control techniques and inspection intervals, and shall be filed with, and approved by, the County Manager or designee prior to approval of the improvement plans and final SUBDIVISION plat. Flexibility, in the form of area tradeoffs or mitigation, may be allowed in the determination of areas within DEVELOPMENTS to be preserved. 6.02.00 ADEQUATE PUBLIC fACILITIES REQUIREMENTS 6.02.01 Generally A. This section is intended to implement and be consistent with the GMP, S 163.3161 et. seq., F.S., and the Florida Administrative Code, by ensuring that all DEVELOPMENT in the County is served by adequate public facilities. This objective is accomplished by the following: 1. Establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to serve DEVELOPMENT. 2. Establishing a regulatory program that ensures that each public facility is available to serve DEVELOPMENT concurrent with the impacts of DEVELOPMENT on the public facilities. 3. No approval of the final SUBDIVISION plat, improvement plans, or authorization to proceed with construction activities in compliance with the same shall require the County to issue a DEVELOPMENT ORDER or BUILDING permit if it can be shown that issuance of said DEVELOPMENT ORDER or BUILDING permit will result in a reduction in the LEVEL Of SERVICE for any public facility below the LEVEL OF SERVICE established in the GMP, or if issuance of said DEVELOPMENT ORDER or BUILDING permit is inconsistent with the GMP. Anything in this section to the contrary notwithstanding, all SUBDIVISION and DEVELOPMENT shall comply with the Collier County requirements for adequate public facilities. B. Procedures for determinations of vested rights for adequate public facilities are set forth in Chapter 10. C. Procedures for applications for certificates of public facility adequacy are set forth in Chapter 10. D. For the purposes of this section only, the following terms are defined as follows: 1. Capital DRAINAGE FACILITIES means the planning of, engineering for, acquisition of land for, or the construction of Page 4 of 33 drainage and water management facilities necessary for proposed DEVELOPMENT to meet the (LOS) for DRAINAGE fACILITIES. 2. Capital road facilities or capital road improvement means and will include transportation planning for, engineering of, RIGHT-Of- WAY acquisition for, and construction of any project eligible for inclusion as a road project in the road component of the (CIE) of the GMP or the Five-Year FDOT Work Program. 3. Capital potable water facilities mean the planning of, engineering for, acquisition of land for or construction of potable water facilities necessary to meet the Le'S for potable water facilities. 4. Capital sanitary sewer t.:.'..'ities mean the planning of, engineering for, acquisition of land 'or, or construction of sanitary sewer facilities necessary to mf.;~ the LOS for sanitary sewer facilities. 5. Capital SOLID WASTE 1. cilities mean the planning of, engineering for, acquisition of land '':!r, or construction of SOLID WASTE facilities necessary to me 'the LOS for SOLID WASTE facilities. 6. Comprehensive plan meL 'is a plan that meets the requirement of ~~163.3177 and 163.3178, F.S., and shall mean the GMP, where referenced in this section. 7. Constrained facilities are those road facilities which have been so designated by action of the Bee upon the recommendation of the County Manger or designee once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints, 8. Physical constraints exist when intensive land use DEVELOPMENT is immediately ADJACENT to existing through lanes making road facility expansion cost prohibitive, or when a road facility has reached the maximum through lane standards acceptable the to the county. For county maintained facilities, the maximum through lane standard for a road facility will be no greater than six through lanes with allowances for auxiliary or service lanes as deemed operationally necessary. For state maintained facilities, the maximum through lane standard will be as designated by the FOOT. 9. Environmental and policy constraints exist when decisions are made not to expand a road facility based on environmental, historical, archeological, aesthetic or social impact considerations. Policy constraints are artificial barriers to road facility expansions based on environmental or political realities within a community. Unlike physical constraints, however, these barriers to road facility expansion can change over time, as needs and community goals change. Page 5 of 33 . -- ,-.-.. -_._- 10. Deficient road segment means a county or state road segment on the major road network system that is operating below its adopted (LOS) standard as determined by roadway service volumes calculated by the County Manager or designee. 11. Transportation CONCURRENCY Management System means a "real time" CONCURRENCY system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated from proposed DEVELOPMENTS will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new DEVELOPMENT to be approved, in whole or part, as proposed DEVELOPMENT PLANS are submitted. 12. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non-automotive transportation alternatives. 6.02.02 Management and Monitoring Program A. Generally. In order to implement the mandate of the GMP to ensure that adequate potable water, sanitary sewer, SOLID WASTE, drainage, park, and road public facilities are available to accommodate DEVELOPMENT in the County concurrent with the impacts of DEVELOPMENT on such public facilities, the BCC establishes, pursuant to the terms of this section: (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility, and (2) a regulatory program that ensures that each public facility is available to serve DEVELOPMENT ORDERS which are subject to the provisions of this section. B. Annual update and inventory report on public facilities. The County Manager or designee shall complete an annual update and inventory report on public facilities (AUIR). The AUIR shall include an analysis of the existing conditions of all capital potable water, capital sanitary sewer, capital SOLID WASTE, capital drainage, capital park, and capital road public facilities; summarize the available capacity of these capital improvements (public facilities) based on their LOS; forecast the capacity of existing and planned public facilities identified in the five (5) year capital improvement schedule for each of the five (5) succeeding years, and ten (10) succeeding years for SOLID WASTE landfill capacity; and identify new projects needed to maintain or restore adopted LOS. The forecasts shall be based on the most recently updated schedule of capital improvements and Capital Improvements Plan (CIP) or Master Plan for Page 6 of 33 each public facility. The AUIR shall be based on the most recent University of Florida bureau of economic and business research (BEBR), or BEBR influenced Water and Sewer Master Plan, population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent County traffic data. The findings of the AUIR shall form the basis for the preparation of the next annual update and amendment to the CIE, the determination of any area of significant influence (ASI)" and the review and issuance of DEVELOPMENT ORDERS subject to the provisions of this section during the next year. C. Annual determination of adequate "Category A" public facilities (CONCURRENCY). The County Manager or designee will annually present the AUIR to the BCC, identifying deficiencies or potential deficiencies in potable water, sewer, sold waste, drainage, parks, and roads public facilities and remedial action options including, but not limited to, the following: 1. Establishment of an ASI; 2. Public facility project additions to the financially feasible CIE; 3. Establish interim DEVELOPMENT controls in affected service areas pending: a. Lowering of LOS via GMP amendment; b. Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the BCC, the state legislature, or the County voters; or d. Private DEVELOPMENT improvements guaranteed by an enforceable DEVELOPMENT AGREEMENT. D. The findings of the AUIR, once approved by the BCC, will form the basis for the preparation of the next annual update and amendment of the CIE and the annual determination of deficient or constrained "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five (5) years. The BCC shall provide direction to update and amend the CIE to include projects and revenues (within the first or second years for roads) needed to maintain or restore adopted LOS. Said direction shall constitute a finding of concurrent "Category A" facilities, except roads, for the review and issuance of DEVELOPMENT ORDERS subject to the provisions of this section until the presentation of the Page 7 of 33 -".. "-.--. next AUIR, except for any ASI designated areas or other areas subject to interim DEVELOPMENT controls. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next CIE update, the road facilities component of the AU/R will include an audit and update of the capacity balances in the Transportation CONCURRENCY Management System database. The update shall factor in all such DEVELOPMENT approvals since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE The AUIR shall be the annual baseline of an ongoing, real-time CONCURRENCY determination for roads. E. Recommendations on the annual CIE update and annual budget. Based upon the prior calendar year's AUIR analysis and BCC direction, the County Manger or designee shall recommend to the Planning Commission and the BCC an annual update and amendment to the CIE as part of the annual GMP amendment cycle. The recommendation will include the proposed financially feasible public facilities Schedule of Capital Improvements needed to maintain or restore adopted LOS standards as well as recommendations for the annual budget, projects, and suggested funding sources. F. Designation of deficient and constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 6.02.01 D.? of the LDC. G. Regulation of growth along roadway segments designated constrained. Roadway segments once designated as constrained are subject to the growth restrictions set forth below which are intended to ensure that further LOS degradation does not occur. Except as provided for below in Transportation CONCURRENCY Exemption Areas (TCEA) and Transportation CONCURRENCY Management Areas (TCMA), deficient constrained roadway segments are subject to growth restrictions on DEVELOPMENT that will not allow for approval of a fiNAL LOCAL DEVELOPMENT ORDER resulting in an increase in peak hour traffic volume above the adopted LOS standard. H. Regulation of growth along deficient roadway segment(s). Except as provided for below In Transportation CONCURRENCY Exemption Areas (TCEA) and Transportation CONCURRENCY Management Areas (TCMA), no trips shall be allotted under a Certificate of Public Facility Adequacy for DEVELOPMENT that directly ACCESSES and generates more than a de minimis impact (de minimis impact is defined as traffic impact of one (1) percent or less of the peak hour service volume) on the deficient roadway segment(s) or for which the significance Page 8 of 33 test in (N) below indicates that the DEVELOPMENT will generate more than a de minimis impact on the deficient roadway segment(s). J. Transportation CONCURRENCY Exemption Area Designated. Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, the South U.S. 41 Transportation CONCURRENCY Exception Area (TCEA) is designated. DEVELOPMENT located within the South U.S. 41 TCEA (Map TR-4) shall be exempt from transportation CONCURRENCY requirements, so long as impacts to the transportation system are mitigated using the procedures below. 1. Any proposed DEVELOPMENT within the CONCURRENCY exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation CONCURRENCY requirements specified in Rule 9J- S.00SS(3)(c)1-7, F.A.C. 2. Any proposed DEVELOPMENT within the CONCURRENCY exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in (3) below are exempt from the transportation requirements of 9J- S.005S(3)(c)1-7, F.A.C. I 3. Commercial DEVELOPMENTS within the South U.S. 41 TCEA that choose to obtain an exception from CONCURRENCY requirements for transportation will provide certification from the Transportation Division that at least four (4) of the following Transportation Demand Management (TDM) strategies will be utilized: a. Preferential parking for carpools and van pools that is expected to increase the average vehicle occupancy for work trips generated by the DEVELOPMENT b. Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the DEVELOPMENT and/or increase transit ridership. c. Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the DEVELOPMENT and/or increase transit ridership. d. Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the DEVELOPMENT e. Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the DEVELOPMENT Page 9 of 33 ^. _.~-~ f. Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the DEVELOPMENT g. Transit subsidy that would reduce auto trips generated by the DEVELOPMENT and increase transit ridership. h. Bicycle and pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the DEVELOPMENT i. Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. 4. Residential DEVELOPMENTS within the South U.S. 41 TCEA that choose to obtain an exception from CONCURRENCY requirements for transportation shall obtain certification that at least three (3) of the following Transportation Demand Management (TDM) strategies will be utilized: a. Including neighborhood commercial uses within a residential project. b. Providing transit shelters within the DEVELOPMENT (must be coordinated with Collier County Transit). c. Providing bicycle and pedestrian facilities, with connections to ADJACENT commercial properties. d. Including AffORDABLE HOUSING (minimum of 25% of the units) within the DEVELOPMENT. e. Vehicular ACCESS to ADJACENT commercial properties with shared commercial and residential parking. DEVELOPMENTS within the South U.S. 41 TCEA that do not provide certification shall meet all CONCURRENCY requirements. Whether or not a CONCURRENCY exception is requested, DEVELOPMENT APPLICANTS must submit a Traffic Impact Statement and are subject to a CONCURRENCY review for the purpose of reserving capacity for those trips associated with the DEVELOPMENT and maintaining accurate accounts of the remaining capacity on the roadway network. CONCURRENCY analysis will be conducted utilizing the significance tests contained in section 6.02.02 N. below. An APPLICANT seeking an exception from CONCURRENCY requirements for transportation through the c~rtification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of DEVELOPMENT approval. Page 10 of 33 K. Transportation CONCURRENCY Management Areas Designated. Pursuant to Transportation element Policy 5.7 of the GMP, the following Transportation CONCURRENCY Management Areas are designated: 1 Northwest TCMA - This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1-75 RIGHT-Of-WAY on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-S). 2. East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side; and, Livingston Road (extended) on the west side (Map TR-6) with the exception of 1-75 which is not included in the CONCURRENCY analysis. L. CONCURRENCY Standard for TCMA. To maintain CONCURRENCY, each TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed DEVELOPMENT indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed DEVELOPMENT shall not be permitted where such condition occurs unless modification of the DEVELOPMENT is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capita/Improvement Element of the GMP. M. Proportionate share payments for impacts to constrained or deficient roadways in a TCMA. Should the TIS for a proposed DEVELOPMENT reflect that it will impact either a constrained roadway link and/or a deficient roadway link by more than a de minimis amount (more than 1 % of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in paragraph (L) above, a proportionate share payment pursuant to Rule 9J-5.005S(9), F.A.C. shall be required as follows: 1. Proportionate share payments shall be calculated using the formula established in section 10.02.07 C.4.g. The facility cost for a constrained roadway link shall be established using a typical "/ane mile cost" as determined by the Collier County Transportation Administrator of adding lanes to a similar area/facility type as the constrained facility. 2. Proportionate share payments shall be utilized by Collier County to add trip capacity and enhance traffic operations that increase capacity within the impacted TCMA and/or to 'enhance mass transit or other non-automotive transportation alternatives that reduce vehicle trips within the Transportation CONCURRENCY Management Area. Page 11 of 33 . .._~ ..~._- -.--~ -_.~. 3. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. 4. Proportionate share payments under this section are determined subsequent to a CONCURRENCY determination for a proposed DEVELOPMENT within a TCMA and do not influence the CONCURRENCY determination process. S. In order to be exempt from link specific CONCURRENCY, new commercial DEVELOPMENT or redevelopment within Collier County's designated Transportation CONCURRENCY Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: , , a. Preferential parking for carpools and van pools that is expected to increase the average vehicle occupancy for work trips generated by the DEVELOPMENT b. Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the DEVELOPMENT and/or increase transit ridership. c. Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the DEVELOPMENT and/or increase transit ridership. d. Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the DEVELOPMENT. e. Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the DEVELOPMENT. f. Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the DEVELOPMENT. g. Transit subsidy that would reduce auto trips generated by the DEVELOPMENT and increase transit ridership. Page 12 of 33 h. Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the DEVELOPMENT. I. Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j. Providing transit shelters within the DEVELOPMENT (must be coordinated with Collier County Transit). In order to be exempt from link specific CONCURRENCY, new residential DEVELOPMENT or redevelopment within Collier County's designated Transportation CONCURRENCY Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a. Including neighborhood commercials uses within a residential project. b. Providing transit shelters within the DEVELOPMENT (must be coordinated with Collier County Transit). c. Providing bicycle and pedestrian facilities, with connections to ADJACENT commercial properties. d. Including AffORDABLE HOUSING (minimum of 25% of the units) within the DEVELOPMENT. e. Vehicular ACCESS to ADJACENT commercial properties. N. Significance Test. Impact for traffic impact analysis purposes for a proposed DEVELOPMENT project will be considered significant: 1. On those roadway segments directly ACCESSED by the project where project traffic is equal to or greater than three (3) percent of the adopted LOS standard service volume; 2. For those roadway segments immediately ADJACENT to segments which are directly ACCESSED by the project where project traffic is greater than or equal to three (3) percent of the adopted LOS standard service volume; or 3. For all other ADJACENT segments where the project traffic is greater than five (5) percent of the adopted LOS standard service volume. Page 13 of 33 -, ,- -- Once traffic from a DEVELOPMENT has been shown to be less than significant on any segment using the above standards, the DEVELOPMENT'S impact is not required to be analyzed further on any additional segments. 4. This significance test is applicable to projects inside and outside TCEAs and TCMAs. O. Establishment of an ASI for d~ficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the BCC, then the County Manager or designee, may propose to establish one or more ASI for any such deficient road segment. P. Standards in establishing an AS!. The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the County Manager or designee. I I 1. After receipt of the proposed boundaries of a potential ASI; the BCC shall hold public hearings noticed pursuant to the requirements of Chapter 10 of the LDC. After final consideration of the proposal and public comment, the BCC may approve the designation of an ASI (including a map of the impacted roadway segments), with or without modifications, or determine that competent substantial evidence has been introduced into the record to show that the road segment is not deficient and find that the establishment of an ASI is not necessary to ensure that DEVELOPMENT ORDERS are served by adequate road public facilities. The approved ASI(s) will become effective upon adoption by the BCC. 2. A map showing the deficient roadway segments(s) within each ASI established by the BCC shall be kept in the community development and environmental services division and the office of the clerk to the BCC for review and inspection by the public during normal business hours. 3. Once the boundaries of an ASI are approved by the BCC, they are valid for one (1) year, unless dissolved by the BCC or modified in a subsequent AUIR update. 4. No FINAL LOCAL DEVELOPMENT ORDER for DEVELOPMENT directly ACCESSING deficient roadway . segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact greater than one (1) percent of the peak hour service volume) to a deficient roadway segment designated as an AS!. DEVELOPMENT of a SINGLE-FAMILY home on an existing Page 14 of 33 LOT, tract, or PARCEL of land will be considered to be de minimis DEVELOPMENT regardless of the number of actual trips that would be generated. 6.02.03 Transportation LEVEL OF SERVICE Requirements A. If the proposed land DEVELOPMENT or SUBDIVISION will generate traffic volumes in excess of 1,000 AVERAGE DAILY TRIPS (ADT) or 100 vehicles per hour, peak hour/peak season, whichever is more restrictive, then a traffic analysis, prepared by a professional engineer, shall be provided by the APPLICANT. B. The analysis shall show the impact on the proposed internal STREETS of the SUBDIVISION or DEVELOPMENT and existing externally affected STREETS. The analysis shall be used to determine the STREET classification, width and number of traffic lanes internal to the DEVELOPMENT, and any requirements for off-site ( external) improvements on the existing STREET system per the GMP. C. LEVEL OF SERVICE calculations for road facilities means calculations for peak hour traffic on a ;'oadway segment for maximum service volumes at the adopted LOS. Peak hour is calculated as the 1 oath highest hour based on a ten (10) month period (omitting February and March), which is generally equivalent to the 2S0th highest hour for a twelve (12) month period. For design of roadway capacity projects, the 30th highest hour for a twelve (12) month period at LOS "D" will be utilized. D. In assessing the capacity of a County road segment, a state road segment or TCMA for the purpose of determining whether it is operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local DEVELOPMENTS order, the County shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections, and number of signals. 2. Capital road improvements under construction, or for which the construction contract has been let. 3. Any improvements that are guaranteed in an enforceable DEVELOPMENT AGREEMENT in which the improvements are completed or under construction, or for which the construction contract has been let, before the impacts from the DEVELOPMENT or phased DEVELOPMENT accrue to the roadway system. 4. Construction of the required capital improvement is included in the first or second year of either the Florida DOT five (5) year work program or the first or second year of the Collier County Schedule Page 1 5 of 33 .---- .,_..-"......~ . of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that follows approval of the AUlA. 5. The BCC has made an express finding, after a public hearing, that the current five (5) year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. 6. The FINAL LOCAL DEVELOPMENT ORDER is for a project located within a TCEA or TCMA designated in the GMP which meet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element. 7. The necessary facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. E. Potentially deficient road segments. 1. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is LOS "C" or LOS "D," peak season, peak hour, that is presently operated at its adopted LOS, or whose adopted LOS is LOS "D" peak season, peak hour, and has operated at LOS "E" peak season, peak hour, for two (2) years or less, based on the AUIR. 2. A potentially deficient road segment which has an adopted LOS "0" peak season, peak hour, may operate at LOS "E," peak season, peak hour, for two (2) years before it shall become a deficient road segment. 3. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is liE," peak season, peak hour, that is presently operating at LOS "E" peak season, peak hour, based on the AUIR. 4. In determining the capacity of a County road segment or a State road segment for the purpose of determining whether it is a potentially deficient road segment, the County shall consider: e. Any capital road improvement currently in place. f. Any capital road improvement that is under construction. g. Any capital road improvement guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions in subsections 6.02.03 E.1. and 6.02.03 E.3. Page 16 of 33 h. The actual construction of the required capital road improvement is included and is scheduled to commence in or before the third year of the State's five (5) year work program and the County's current five (5) year capital improvement schedule adopted as part of the GMP. I. The BCC has made an express finding, after a public hearing, that the current five (5) year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. F. The LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the CIE and Policy 1.4 of the Transportation Element of the GMP. G. Determination of public facility adequacy for the road component shall be based upon whether the proposed DEVELOPMENT is outside a designated ASI or within a designated ASI. 1. For DEVELOPMENT outside a designated ASI, or where no ASI exists, the road component shall be granted. 2. For DEVELOPMENT within a designated ASI covering a potentially deficient road segment, the road component shall be approved, subject to available capacity, if it is demonstrated that the proposed DEVELOPMENT will not make the potentially deficient road segment within the ASI a deficient road segment. In the instance where the proposed DEVELOPMENT will create a deficient road segment, a certificate of public facility adequacy for the road component shall be approved only for that portion of the DEVELOPMENT that does not create the deficient road segment. For DEVELOPMENT within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the DEVELOPMENT that does not increase the net trips on the deficient road segment and does not further deGRADE the LOS of the deficient road segment. 6.02.04 DRAINAGE FACILITY LEVEL OF SERVICE Requirements A. The LOS for capital DRAINAGE FACILITIES varies among new or existing capital DRAINAGE FACILITIES owned or operated by a local government or other public entity, existing capital DRAINAGE FACILITIES owned or operated by private persons, and new capital DRAINAGE FACILITIES owned or operated by private persons. 1. For those capital DRAINAGE FACILITIES (publicly or privately owned) that are in existence on the effective date of this section and for those new capital DRAINAGE FACILITIES owned or operated by a local government or other public entity, the LOS is the existing LOS as identified (by design storm return frequency event) in the Collier County Water Management Master Plan. Page 17 of 33 _~.n".~..... __~..m 2. For new capital DRAINAGE FACILITIES owned or operated by private persons, the LOS is identified in the GMP. B. Determination of public facility adequacy for DRAINAGE FACILITIES shall be granted if the proposed DEVELOPMENT has a drainage and water management plan that has been approved by the County Manager of designee as meeting the LOS for Capital DRAINAGE FACILITIES. 6.02.05 Park and Recreation Facility LEVEL OF SERVICE Req~irements A. The LOS for capital park and recreation facilities means 2.9412 acres per 1,000 persons for regional park land; 1.2882 acres per 1,000 persons for community park land; and $240.00 of capital investment per capita (at current cost) for recreational facilities. B. Determination of public facility adequacy for park and recreation facilities shall be based on the following: 1. The required public facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit is issued. 2. The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit is issued. 3. The required public facilities are the subject of a binding contract executed for the construction of those public facilities that provides for the commencement of actual construction within one (1) year of Issuance of a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit. 4. The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of subsections 6.02.05 B.1., 6.02.05 B.2., and 6.02.05 B.3. 6.02.06 Potable Water Facility LEVEL OF SERVICE Requirements A. The LOS for capital potable water facilities varies between public water systems and private water systems. 1. For the Collier County Water and Sewer District, the LOS is 185 gallons per capita per day (GPCD). 2. For the Goodland Water District, the LOS is 163 GPCD. 3. For the City of Naples unincorporated service area, the LOS is 163 GPCD. 4. For the Everglades City unincorporated service area, the LOS is 163 GPCD. 5. For independent districts and private potable water systems, the LOS is the sewage flow design standards as identified in Policy Page 18 of 33 1.3.1 of the Potable Water Sub-Element of the GMP, except that approved private wells are exempt from these LOS requirements. B. Determination of public facility adequacy for potable water facilities shall be based on the following: 1. The required public facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit is issued. 2. The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit is issued. 3. The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of subsections 6.02.06 B.1. and 6.02.06 B.2. of the LOC. 6.02.07 Sanitary Sewer Facility LEVEL OF SERVICE Requirements A. The LOS for capital sanitary sewer facilities varies between public sanitary sewer systems and private sanitary sewer systems. The LOS for the North Sewer Area is 145 GPCD. The LOS for the South Sewer Area is 100 GPCO. The LOS for the City of Naples unincorporated sewer service area is 121 GPCD. B. The LOS for independent districts and private sanitary sewer systems is the sewage flow design standards identified in Policy 1.2.1 of the Sanitary Sewer Sub-Element of the GMP, as required by the State of Florida. Approved private septic systems are exempt from these LOS requirements. C. The determination of public facility adequacy for sanitary sewer facilities shall be based on the following: 1. The required public facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit is issued. 2. The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION PLAT, or BUILDING permit is issued. 3. The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of subsections 6.02.07 C.1. and 6.02.07 C.2. 6.02.08 SOLID WASTE Facility LEVEL OF SERVICE Requirements A. The LOS for capital SOLID WASTE DISPOSAL FACILITIES is two (2) years of constructed lined cell capacity at the average disposal rate for the previous five (5) years, and ten (10) years of permittable landfill capacity at the average disposal rate for the previous five (5) years. Page 19 of 33 -- - ,.-- --- B. The determination of public facility adequacy for SOLID WASTE DISPOSAL FACILITIES shall be based on the following: 1. The required public facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit is issued. 2. The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat, or BUILDING permit is issued. 3. The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of subsections 1. and 2 above. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARDS 6.03.01 CENTRAL SEW AGE SYSTEM Requirements A complete central sewer system and interim W ASTEW A TER treatment facility, if required, shall be designed and constructed to provide service to all LOTS and PARCELS within the SUBDIVISION or DEVELOPMENT. The system shall be designed, constructed, owned, operated, and maintained pursuant to the requirements of the Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, as amended, or to specifications of the applicable service provider. 6.03.02 INDIVIDUAL SEW AGE SYSTEM Requirements Except as otherwise approved by the County Manager or designee pursuant to Chapter 10, no SUBDIVISION or DEVELOPMENT shall be constructed utilizing INDIVIDUAL SEW AGE disposal SYSTEMS for each LOT or PARCEL. Any exemption from this requirement shall be designed in conformance with Florida Administrative Code, and shall be approved in writing by the County Manager or designee and the BCC. Such exemption shall comply with the provisions of the GMP, and shall be approved by the County Manager or designee. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS 6.04.01 Central Water System Requirements A complete central water system and interim water supply and treatment facility, if required, shall be designed and constructed to provide service to all of the LOTS and PARCELS within the SUBDIVISION or DEVELOPMENT. Any such system shall be designed, constructed, owned, operated, and maintained pursuant to the requirements of Construction Standards Manual. 6.04.02 Individual Water System Requirements Where authorized in compliance with the GMP, an individual water system shall be designed in conformance with the Florida Administrative Code, and shall require the prior written approval of the County Manager or Page 20 of 33 designee and the Bee. Any such exemption shall be in compliance with the provisions of the GMP. 6.04.03 Fire Hydrants A. All hydrants shall be connected to water systems having sufficient storage or emergency pumping facilities to provide for the minimum fire flows to be maintained for at least four (4) hours or the current recommendation of the Fire Suppression Rating of the Insurance Services Office, whichever is greater. Hydrants shall be placed on common LOT LINES within the approved RIGHT-OF-WAY, unless otherwise approved by the County Manager or designee pursuant to Chapter 10. B. Hydrants shall be installed and placed in a manner complying with the requirements set forth in the latest edition of NFPA No. 24 entitled, "Standard for the Installation of Private Fire Service Mains and Their Appurtenances," published by the National Fire Protection Association. Hydrants to be installed within subdivided LOTS for fire protection purposes shall be evaluated during the site DEVELOPMENT PLAN review process as required in Chapter 10. Those installations shall be in compliance with the standards set forth in the latest edition of NFPA 1141 entitled, "Standard for Fire Protection in Planned BUILDING Groups." 1. Residential land DEVELOPMENT. In one (1) and two (2) family land DEVELOPMENTS with not more than ten (10) DWELLING UNITS per acre, fire hydrants shall be spaced not greater than 500 feet apart and not more than 250 feet from the center of any LOT in the SUBDIVISION and shall be connected to mains no less than six (6) inches in diameter. The system shall provide capacity for water flows of at least 500 gallons per minute or greater, as required by the Fire Suppression Rating Schedule of the Insurance Services Office, in addition to maximum day domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, unless otherwise required by the applicable fire code. 2. Commercial, industrial, and multifamily DEVELOPMENTS. Fire hydrants located in these areas shall be connected to water mains no less than eight (8) inches in diameter. In no case shall the spacing of hydrants be greater than 500 feet apart and not more than 250 feet from the center of any LOT in the SUBDIVISION. Hydrant spacing and size shall be capable of providing water flows adequate to meet the requirements of the Fire Suppression Rating Schedule of the Insurance Services Office. In no case shall the flow be less than 750 gallons per minute witli the residual pressure of twenty (20) pounds per square inch at the most remote point of discharge. Page 21 of 33 -_.,~ ---' --._~- 3. Fire hydrants shall be provided at no cost to the County in all SUBDIVISIONS and DEVELOPMENTS. In all cases, fire hydrants shall be provided and spaced in the manner prescribed by the design requirements of this section. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENTS STANDARDS 6.05.01 Stormwater Management Sytem Requirements A complete stormwater management system shall be. provided for all areas within the SUBDIVISION or DEVELOPMENT, including LOTS, STREETS, and ALLEYS. A. The system design shall meet the applicable provisions of the current County codes and ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida Administrative Code, and any other affected state and federal agencies' rules and regulations in effect at the time of preliminary SUBDIVISION plat submission. B. Where stormwater runoff from outside the SUBDIVISION or DEVELOPMENT historically passes on, over, or through areas of the SUBDIVISION or DEVELOPMENT, such runoff shall be included in the stormwater system design. The system shall be designed for long life, low cost maintenance by normal methods and provide for optimal on-site detention of stormwater runoff and groundwater recharge in accordance with applicable County and SFWMD regulations. C. Any STRUCTURE with an outside wall which is closer than ten (10) feet from a side property line shall install properly sized (minimum twenty-four [24]-square inch cross-section) gutters and downspouts to direct stormwater away from neighboring properties and toward front and/or rear swales or retention/detention areas. D. In-ground percolation type retention systems such as rock trenches, exfiltration trenches or beds, infiltrator type systems, gallery type systems, etc., shall not be used to achieve water quality retention for residential SUBDIVISIONS. Rear YARD open retention systems shall likewise not be designed to achieve water quality retention on projects submitted after January 1, 2002. All retention systems for projects designed after January 1, 2002, shall be on common property owned and maintained by a homeowners' association or similar entity. 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 Page 22 of 33 drainage EASEMENT, or the drainage EASEMENT created must be of a size suitable for the proposed canal and its maintenance. 6.05.02 Seawalls and BULKHEADS A. When authorized, the water side of the concrete seawall cap shall be constructed landward of the property boundary and shall be in accordance with the seawall construction regulations, Collier County Ordinance No. 85-2 [Code ch. 22, art. IX], as amended. B. The APPLICANT shall obtain the requisite approval(s) and permit(s) from the Florida Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers ("COE"), where such approvals are necessary, prior to commencement of construction. A copy of such approval(s) and/or permit(s) must be filed with the County Manager or designee upon receipt. C. The construction of seawalls or BULKHEADS, in association with water management system lake construction under jurisdiction of SFWMD, shall be in compliance with SFWMD criteria. 6.06.00 TRANSPORTATION SYSTEM STANDARDS 6.06.01 STREET System Requirements A. The arrangement, character, and location of all STREETS shall conform to the GMP and shall be considered in their relation to existing and proposed STREETS, topographical conditions, public convenience, safety, and in their appropriate relation to the proposed uses of the land to be served by such STREETS. B. The STREET layout of all SUBDIVISIONS or DEVELOPMENTS shall be coordinated with the STREET systems of the surrounding areas. ADJACENT properties shall be provided with local STREET interconnections unless topography, other natural features, or other ordinances/regulations do not allow or require said connections. All ARTERIAL or COLLECTOR STREETS shall be planned to conform to the GMP. COLLECTOR and ARTERIAL STREETS within a DEVELOPMENT shall not have individual residential DRIVEW A Y connections. Their location and RIGHT -OF-W A Y cross-section must be reviewed and approved by the County Manager or designee during the preliminary SUBDIVISION plat review process. All SUBDIVISIONS shall provide RIGHST-OF-WAY in conformance with the GMP and the RIGHT-OF-WAY cross-section contained in Appendix B. All STREETS shall be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life, and low cost of maintenance. C. Every SUBDIVISION or DEVELOPMENT s~all have legal and adequate ACCESS to a STREET dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or the County, as described in Chapter 10. When a Page 23 of 33 ~-^^ SUBDIVISION or DEVELOPMENT does not immediately adjoin such a STREET, the APPLICANT shall provide ACCESS to the DEVELOPMENT from a dedicated STREET in accordance with these regulations and provide legal documentation that ACCESS is available to the project site. All LOTS within a SUBDIVISION or DEVELOPMENT shall be provided legal ACCESS to a STREET dedicated for public use. D. The arrangement of STREETS In SUBDIVISIONS or DEVELOPMENTS may be required to make provision for the continuation of existing or proposed COLLECTOR or ARTERIAL STREETS to and from adjoining properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated STREET system per requirements of the GMP, this LOC, or other ordinances and regulations. Where a SUBDIVISION or DEVELOPMENT ABUTS an existing or proposed public ARTERIAL or COLLECTOR STREET, BUFFERING shall be required per Chapter 4. E. Rural type roadway cross-sections shall only be considered for permitting on a case-by-case basis. The design of a rural cross-section and its required RIGHT-OF-WAY width shall be based on the drainage characteristics of the required swale section and the relationship of the maximum stormwater flow line to the bottom of the subbase course of the roadway. A detailed design report documenting these considerations shall be submitted for review and approval by the County Manager or designee prior to the approval of a rural roadway cross-section. F. All public and private STREETS requiring a design capacity which exceeds the roadway cross-sections established herein for a minor COLLECTOR shall be coordinated by the County Manger or designee prior to the approval of the project's improvement plans and FINAL SUBDIVISION PLAT. G. Use of local STREETS by cut-through traffic shall be discouraged, uSIng methods (like traffic calming) that do not compromise connectivity or reduce the number of ACCESS points to the SUBDIVISION. H. As applicable, the installation of turn lanes, storage lanes, deceleration lanes, parallel service lanes, or any other traffic control improvements necessary to provide safe internal movements or ingress and egress from the SUBDIVISION or DEVELOPMENT to any existing or proposed STREET or highway shall be required. I. ALLEYS may be provided in industrial, commercial, and residential SUBDIVISIONS. ALLEYS may be for one-way or two-way traffic. ALLEYS for one-way traffic only shall have the appropriate directional and instruction signage installed. ALLEYS shall be utilized for secondary ACCESS unless otherwise provided in this LDC. Page 24 of 33 1. Industrial, commercial, and residential ALLEYS along the rear LOT LINES shall have an ALLEY EASEMENT at least twenty-four (24) feet wide containing a vehicular pavement width of at least ten (10) feet. 2. The ALLEY edge of pavement-radius shall be a minimum of fifteen (15) feet and shall be designed for the appropriate design vehicle. 3. ALLEY GRACES shall not exceed five (5) percent or be less than 0.3 percent. 4. All ALLEYS created shall be owned and maintained by a property owners' association or other similar entity and shall be so dedicated on the final plat. J. Dead-end STREETS shall be prohibited except when designed as a CUL-DE-SAC. When a STREET is designed to be extended when the ADJACENT property is developed, a temporary CUL-DE-SAC and RIGHT-OF-WAY shall be designed. CUL-DE-SACS in excess of 1,000 feet shall not be permitted unless existing topographical conditions or other natural features preclude a STREET layout to avoid longer CUL- DE-SACS. When conflicts occur between the design standards of this section and Ordinance No. 86-54, the County Fire Protection Code, or its successor ordinance [see Code ch. 58, art. III], the standards of this section shall take precedence. K. Where a SUBDIVISION or DEVELOPMENT ABUTS or contains existing limited ACCESS highway, freeway, or ARTERIAL STREET, and if ACCESS is desired to adjoining property other than STREET connections, a marginal ACCESS STREET to afford separation of through and local traffic may be required by the County Manager or designee. L. Half or partial STREETS shall not be permitted except where essential to the reasonable DEVELOPMENT of a property in conformance with the circulation plan, the GMP, or the LDC, and, where, in addition, dedication of the remaining part of the required STREET RIGHT -OF- WAY is provided. Whenever a property to be developed borders on an existing half or partial STREET, the other part of the STREET shall be required to be dedicated and constructed within such property. A proposed DEVELOPMENT or SUBDIVISION that adjoins or includes an existing STREET which does not conform to the minimum RIGHT- OF-W A Y requirements of these regulations shall provide for the dedication of additional RIGHT-OF-WAY along either one (1) or both sides of said STREET so that the minimum RIGHT-OF-WAY requirements of these regulations shall be established. M. Limited ACCESS strips controlling ACCESS to STREETS on ADJACENT PARCELS shall be prohibited except where approved by the County Manager or designee pursuant to Chapter 10. Page 25 of 33 ... --.- -." N. Where a SUBDIVISION or DEVELOPMENT includes or requires ACCESS across canals, watercourses, lakes, streams, waterways, channels, or the like, bridges or culverts shall be provided to implement the proposed STREET system. O. The minimum RIGHT-OF-WAY widths to be utilized shall be as follows and, where applicable, shall be clarified by the cross-sections contained in Appendix B, and will be directly related to traffic volume as indicated in the definition 'of each STREET continued herein and, where applicable, clarified by the cross-sections contained in Appendix B. private STREET RIGHT-OF-WAY widths and design may be determined on a case-by-case basis in accordance with Chapter 10. STREET Type Feet A/W Width* Number All STREETS Lane Width of feet lanes CUL-DE-SAC 60 2 10 Local 60 2 10 Minor collector 80 2 11 --1 2 Minor collector 80--1 00 2 11 --1 2 (divided) Major collector As determined for 4 11 --1 2 or minor arterial* median and turn lanes Note: Any rural cross-sections approved may require expanded RIGHT-OF-WAY widths for additional shoulder and swale facilities. Design to be approved on a case-by-case basis. *If an ALLEY is utilized, the RIGHT-OF-WAY width may be reduced upon approval of the transportation services administrator. P. Landscaping and BUFFERS: 1. All existing and future public and private RIGHST-OF-WAY that are designed parallel to each other or to the boundary of a SUBDIVISION or DEVELOPMENT, with no BUILDING LOTS separating them from other RIGHST-OF-WAY or the project boundary, shall be separated by a LANDSCAPE BUFFER, pursuant to section 4.06.00. The BUFFER area in these cases shall be separately designated on the FINAL SUBDIVISION PLAT as a tract or EASEMENT and shall be dedicated on the FINAL SUBDIVISION PLAT cover sheet to the appropriate property owners' association or like entity for operation, maintenance, and upkeep purposes. 2. All RIGHST-OF-WAY and EASEMENTS for STREETS, avenues, roads, drives, and the like shall be planted with trees, grass, or other suitable vegetation on both sides in accordance with the specifications, limitations, procedures, types, and intervals set forth Page 26 of 33 in the appropriate County regulations and requirements, including, but not limited to, section 4.06.00 and the RIGHT-OF-WAY Construction Handbook, Ordinance No. 82-91 , as amended [superseded by ordinance found in Code ch. 110, art.II]. All unpaved areas within RIGHST-OF-WAY shall be stabilized by seed or sodding of cultivated grass species suitable to the area. The sodding of a one (1) foot-wide strip along the back of curb or edge of pavement shall be mandatory for all roadway construction. The flow line of all swale sections approved for use by the County Manager or designee shall also be sodded as required for erosion control. 3. Median strips which are part of the publicly dedicated or deeded RIGHT-OF-WAY shall not be utilized for any purpose other than by the County or a public utility. When an APPLICANT desires to beautify a public median strip in a SUBDIVISION, the APPLICANT may do so in accordance with the guidelines established in section 4.06.00 of this LDC to allow placing of grass, shrubs, and trees in general within the median strip under a RIGHT-OF-WAY permit after submission and approval of landscaping plans. Selection of landscaping within the public or private median shall be based on accepted traffic safety standards and the prevention of interference with maintenance requirements of utilities within a median. Upon completion of the median improvements, the landscaping shall be maintained by a property owners' association, a CONDOMINIUM association, cooperative association, or other like or similar entity. 4. SUBDIVISION or DEVELOPMENT entranceways consisting of habitable or unhabitable STRUCTURES, walls, fences, gates, rock piles, or the like are not permitted within the median strip of a publicly dedicated RIGHT-OF-WAY. Decorative entranceways may be constructed upon property ADJACENT to a RIGHT-OF-WAY in compliance with this LDC and shall be placed so as to not interfere with any cross-corner or stopping sight distance or constitute a traffic hazard. Any improvements within private RIGHST-OF-WAY shall not be placed over any underground improvements without the prior written consent of the owner of the improvements. Upon completion of the entranceway, all improvements shall be maintained by the property owners' association, CONDOMINIUM association, cooperative association, or other similar entity. S. LANDSCAPE BUFFERS, when required by section 4.06.00 or other County regulation, shall be in addition to the required RIGHT- OF-W A Y width and shall be designated as a separate BUFFER tract or EASEMENT on the final SUBDIVISION plat. The minimum BUFFER width shall be in conformance with section 4.06.00 In no case shall the required BUFFER be constructed to reduce cross- corner or stopping sight distances, or safe pedestrian passage. All Page 27 of 33 <..~ BUFFER tracts or EASEMENTS shall be owned and maintained by a property owners' association or other similar entity and shall be so dedicated on the final SUBDIVISION plat. a. STREET names. 1. STREET name markers and traffic control devices shall be provided by the developer at intersections and locations designated by the County Manager or designee for all affected STREETS, whether the STREETS are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the APPLICANT to the APPLICANT'S engineer's specifications approved by the County Manager or designee for private STREETS or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for public STREETS. The County Manager or designee shall accept alternative specifications on public STREET sign age where an acceptable maintenance agreement has been provided. Alternate specifications for private STREET signage where a property owners' association or other entity has maintenance responsibility shall be approved by the County Manager or designee. 2. Proposed STREETS which are in alignment with other existing and named STREETS shall bear the same name of the existing STREET. All STREET names shall have a suffix (i.e., STREET, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed STREET duplicate or be phonetically similar to an existing STREET name regardless of the use of the suffix. 3. All STREET names shall be subject to approval by the County Manager or designee during the preliminary SUBDIVISION plat approval process. R. Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley gutters border the edge of pavement and for private roadways, this requirement may be waived by the County Manager or designee. S. Traffic control devices shall be provided by the developer when the engineering study indicates traffic control is justified at any STREET intersection within the SUBDIVISION or DEVELOPMENT or where the additional traffic flow results from the proposed SUBDIVISION or DEVELOPMENT onto any COLLECTOR or ARTERIAL STREET. Traffic control devices are subject to County approval. If more than one (1) DEVELOPMENT or SUBDIVISION is involved, each shall be required to make a pro rata contribution for the installation cost of the Page 28 of 33 traffic control devices. The cost of all required traffic control devices shall be included in the amount of SUBDIVISION performance security furnished for the required improvements. 6.06.02 SIDEWALKS and BIKE LANE Requirements A. The developer must construct SIDEWALKS and BIKE LANES, where applicable, as described below, unless otherwise exempted from the SUBDIVISION regulations of this LDC. SIDEWALKS and BIKE LANES, where applicable, must be constructed contiguous to public and private roadways, which are ADJACENT to and internal to the site, in conformance with the following criteria: 1. BIKE LANES must be provided on both sides of COLLECTOR and ARTERIAL STREETS. 2. SIDEW ALKS six (6) feet in width must be provided on both sides of COLLECTOR and ARTERIAL STREETS. 3. SIDEW ALKS five (5) feet in width must be provided on both sides of local STREETS. 4. For multi-family site DEVELOPMENT and site improvement projects, districts RT, RMF-6, RMF-12, and RMF-16 and all multi- family residential components of PUD districts; SIDEWALKS, five feet in width, must be provided on both sides of local STREETS with a dedicated public RIGHT-OF-WAY or roadway EASEMENT. Where there is no public RIGHT-OF-WAY or roadway EASEMENT, SIDEWALKS must connect on-site residential BUILDING(s) to a SIDEW ALK within a public roadway or, if no SIDEWALK exists, to the RIGHT-OF-WAY line in accordance with Code standards contained herein. Should a two-directional shared use path be utilized, the minimum paved width must be ten feet. S. All SIDEWALKS and BIKE LANES along public and private roadways must be constructed in accordance with design specifications identified in section 4.03.05 and section 5.05.08 of this LDC. 6. All bicycle lanes must have signage and be marked in accordance with the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. B. DEVELOPMENTS providing interconnections to existing and future DEVELOPMENTS pursuant to the DENSITY rating system section of the GMP must include sufficient RIGHT-OF-WAY to accommodate the roadway, SIDEWALKS and BIKE LANES, where required. BIKE LANES and SIDEWALKS must be constructed concurrently with the roadway interconnection. C. Where planned RIGHT-OF-WAY improvements by the County Transportation Division scheduled in the capital improvements program (CIP) would cause the removal of any SIDEWALKS or BIKE Page 29 of 33 ,."~" .,...." ~ - LANES, the developer, in lieu of construction of the required SIDEWALKS and BIKE LANES, must provide funds for the cost of SIDEW ALK and BIKE LANE construction as defined by the Schedule of DEVELOPMENT of Review and BUILDING Permit Fees into a PATHWAY fund approved by the County Manger or designee, for future construction of required SIDEWALKS and BIKE LANES, by the County. The time frame for this funding option is two years from the date of issuance of the first BUILDING permit to the date that the road construction is required to be bid. D. SIDEWALK Con struction/Ma te rials. All SIDEW ALKS shall be constructed of Portland cement concrete, or paver brick in conformance with the standard RIGHT-OF-WAY cross sections contained in appendix B in locations illustrated on an approved site DEVELOPMENT PLAN. 1. Concrete SIDEWALKS shall be four-inch-thick, Portland cement concrete with a 28-day compressive strength of 3,000 psi. Expansion joints shall be one-half-inch preformed bituminous conforming to the latest edition of ASTM. Contraction joints shall be saw-cut joints with longitudinal spacing equal to the width of the walk. The saw cut depth shall equal or exceed one-forth the concrete thickness. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction, section 522. Paver brick, SIDEW ALKS, or paver brick accents in SIDEW ALKS must be installed over a four inch thick, compacted limerock base. 2. All BIKE LANES shall be designed, constructed, and signed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" requirements 6.06.03 Streetlights A. Streetlights shall be designed and installed utilizing the guidelines of the IES standards for each STREET intersection, at required intervals along each STREET not to exceed 400 feet and at the end of each CUL-DE-SAC, and may be required at inteNals along each STREET. Such lights may be required on interior STREETS, ALLEYS, boundary STREETS, ACCESS paths, and the like. The standards for this STREET lighting are: (per IESNA RP-8-00): 1. A minimum of 1.4 foot candles at the center of each internal project intersection is required. 2. A minimum of 1.4 foot candles along internal roadways is recommended but not required. Page 30 of 33 B. At the entry/exit of any SUBDIVISION located on a County COLLECTOR or ARTERIAL STREET, the following standards shall apply: 1. At the points where the edges of pavement of the entrance road meet the RIGHT-OF-WAY line, the illumination level shall be a minimum of 2.0 foot candles. 2. At the centerline of the entrance road and a minimum of RIGHT- OF-WAY line, the illumination level shall be a minimum of 3.5 foot candles. C. All light levels shall be measured at a minimum of approximately four (4) feet above the pavement on a moonless night. D. Wherever, in the opinion of the County Manager or designee, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in STREET alignment, or other similar circumstances, additional lights may be required. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. Streetlights shall be designed and installed in either of two (2) ways: 1. Where streetlights are to be installed on PRIVATE STREETS, the developer, through an electrical engineer registered in the State of Florida, shall design and install the STREET lighting system subject to the approval of the County Manager or designee. Upon completion of the streetlights, they shall be owned, operated, and maintained by the property owners' association, a CONDOMINIUM association, cooperative association, or other similar entity, or the public utility furnishing the electric service. 2. Where the streetlights are to be installed on PUBLIC STREETS, the developer may elect to initiate a municipal services benefit or taxing unit in coordination with the County Manager or designee in order to provide STREET lighting. If the municipal services benefit or taxing unit is approved by the sec, the County Manager or designee shall authorize the public utility to design, install, and maintain the STREET lighting system at no cost to the County's general fund. If no municipal services benefit or taxing unit is created for public STREETS, the provision of this section shall govern the design, construction, and maintenance of streetlights. 6.06.04 Bridges A. Bridges shall be designed in accordance with cu rrent Florida Department of Transportation practices or appropriate specifications by the APPLICANT'S structural engineer and may be required to include provisions for utility installations and will require SIDEWALKS on both Page 31 of 33 -~~- ..----"" <'--- ----~. sides of the bridge. The bridge shall be designed by a Florida professional engineer and is subject to the approval of the County Manager or designee and those other agencies having jurisdiction over the proposed facilities. Generally, bridges shall be designed as reinforced concrete, however, other low maintenance materials may be used upon request and approval, when supported by a design report prepared by the APPLICANT'S professional engineer which provides particular assurance relative to the integrity of the materials to be utilized. B. At a minimum, the width of all bridges shall be required to incorporate a clear roadway width equaling the travel lane width plus two (2) feet to the curb and six (6) foot SIDEWALKS; however, variations may be considered pursuant to Chapter 10. Bridge width shall vary with the classification of the roadway section to be carried. All bridge STRUCTURES shall be designed for H-20 loading, incorporating adequate corrosion and erosion protection. 6.06.05 Clear Sight Distance A. Where an accessway intersects a RIGHT-OF-WAY or when a property ABUTS the intersection of two (2) or more RIGHST-OF-WAY, a minimum safe sight distance triangular area shall be established. Any vegetation within this area shall be planted and maintained in a way that provides unobstructed visibility at a level between thirty (30) inches and eight (8) feet above the crown of the ADJACENT roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of STREETS and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and STREET name SIGNS shall also be permitted, so long as the SIGN or equipment is not within the prescribed clear space. B. Where an accessway enters a RIGHT-OF-WAY, two (2) safe distance triangles shall be created diagonally across from each other on both sides of the access way. Two (2) sides of the triangle shall extend ten (10) feet each way from the point of intersection from the edge of pavement and the RIGHT-OF-WAY line. The third side of the triangle shall be a line connecting the ends of the other two (2) sides. C. Where a property ABUTS the intersection of two (2) RIGHST-OF- WAY, a safe distance triangle shall be created. Two (2) sides of the triangle shall extend thirty (30) feet along the ABUTTING RIGHT-OF- WAY lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other two (2) sides. Page 32 of 33 D. The developer shall comply with all of the provisions of the applicable landscape requirements and section 4.06.00 at the time of SUBDIVISION or DEVELOPMENT approval or when applicable. E. On a corner LOT in all zoning districts, no fence, wall, hedge, planting, or STUCTURE shall be erected, planted, or allowed to grow in such a manner as to obstruct vision between a height of thirty (30) inches and eight (8) feet above the centerline GRADES of the intersecting STREETS in the area bounded by the RIGHT-OF-WAY lines of such corner LOTS and a line joining points along said RIGHT-OF-WAY lines twenty-five (25) feet from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the thirty (30)-inch and eight (8)-foot clearance requirement. Posts for illuminating fixtures, traffic control, fences and STREET name SIGNS are permitted, so long as the SIGN or equipment is not within the prescribed clear space and the fence does not visually impede the clear sight of the intersection. , \ Page 33 of 33 ... - "....-.. CHAPTER 7 - [RESERVED] ._-- -..--..---^< _'_M 8.01.00 GENERALL Y 8.02.00 BOARD OF COUNTY COMMISSIONERS 8.02.01 Powers and Duties 8.03.00 PLANNING COMMISSION 8.03.01 Establishment; Powers and Duties 8.03.02 Membership 8.03.03 Quorum and Voting 8.03.04 Rules of Procedure 8.03.05 Compensation 8.03.06 Meetings 8.03.07 Staff 8.04.00 BOARD OF ZONING APPEALS 8.04.01 Establishment; Powers and Duties 8.04.02 Membership 8.04.03 Quorum and Voting 8.04.04 Rules of Procedure 8.04.05 Compensation 8.04.06 Meetings 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS 8.05.01 Establishment and Purpose 8.05.02 Powers and Duties 8.05.03 Membership 8.05.04 Quorum 8.05.05 Rules of Procedure 8.06.00 ENVIRONMENT AL ADVISORY COUNCIL 8.06.01 Establishment 8.06.02 Purpose 8.06.03 Powers and Duties 8.06.04 Membership ._~.- -- -."~. 8.06.05 Quorum and Voting 8.06.06 Rules of Procedure 8.06.07 Compensation 8.06.08 Meeti ngs 8.06.09 Evaluation of the EAC 8.07.00 HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD 8.07.01 Establishment 8.07.02 Powers and Duties 8.07.03 Membership 8.07.04 Compensation 8.07.05 Meetings 8.08.00 CODE ENFORCEMENT BOARD 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 8.09.01 Creation and Appointment of the Community Development and Environmental Services Administrator 8.09.02 Jurisdiction, Authority and Duties CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES 8.01.00 GENERALL Y [Reserved] 8.02.00 BOARD OF COUNTY COMMISSIONERS. 8.02.01 Powers and Duties In addition to any authority granted to the Board of County Commissioners (BCC) by general or special law, the Board of County Commissioners (BCC) shall have the following powers and duties: A. To initiate, hear, consider, and adopt amendments to the text of the Collier County Growth Management Plan (GMP) or the Unified Development Code (LDC); B. To initiate, hear, consider and adopt amendments to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; C. To designate and appoint hearing officers to make decisions as the BCC may deem appropriate; D. To act to ensure compliance with DEVELOPMENT ORDERS or permits as approved and issued; E. To establish reasonable fees to be paid by APPLICANTS to recoup the County's expenses and other costs, and to reimburse the County for the administrative time and effort spent in accepting, processing, reviewing, or enforcing DEVELOPMENT ORDERS, DEVELOPMENT permits, or any other DEVELOPMENT approvals or applications; and F. To take such other action not delegated to the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, or the heads of County departments, County divisions and County sections as the BCC may deem desirable and necessary to implement the provisions of the Collier County GMP, the LDC, and any other legitimate governmental interest. 8.03.00 PLANNING COMMISSION. 8.03.01 Establishment; Powers and Duties There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land DEVELOPMENT regulation commission as req\Jired by SS 163.3174 and 163.3194, F.S.; Page 1 of 20 ~"'-- ,___w., B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof; C. To prepare, or cause to be prepared, the ILOC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LOC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier c.ounty GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCe on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for CONDITIONAL USE permits; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCCBCC additional or amended rules of procedure not inconsistent with this section to govern the Planning Commission's proceedings; I. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended; and J. To consider 'and take final action regarding preliminary SUBDIVISION plats processed pursuant to the provisions of section 4.03.00. 8.03.02 Membership A. Qualifications. 1. Members of the Planning Commission shall be permanent residents and qualified electors of Collier County. 2. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to APPLICANTS who have experience or who have shown interest in the area of planning, zoning, and related fields. Further consideration in the appointment of Planning Commission members shall be made so as to provide the Planning Commission with the needed technical, professional, business, and/or administrative expertise to accomplish the duties and functions of the Planning Commission as set forth in this LOC. Page 2 of 20 3. The appointment of all members to the Planning Commission shall be by resolution of the BCC. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the Planning Commission. 4. A representative of the school district, appointed by the school board, shall serve as a non-voting member of the Planning Commission unless the BCC grants voting status to the school district representative. The school district member of the Planning Commission shall attend those Planning Commission meetings at which GMP amendments and rezoning that would, if approved, increase RESIDENTIAL DENSITY of the property that is the subject of the application being considered. B. Appointment. The Planning Commission shall be composed of nine (9) members to be appointed by the BCC. All reappointments to the Planning Commission shall be made so as to achieve the following geographical distribution of membership: 1. One member: County Commission District No.4. 2. Two members: County Commission District No.1. 3. Two members: County Commission District No.2. 4. Two members: County Commission District No.3. S. Two members: County Commission District No. 5 (one from Immokalee). 6. One member: Appointed by the school district. C. Term. Each appointment or reappointment shall be for a term of four (4) years. Each appointment and reappointment shall be made so that the terms of any two (2) members from a single commission district shall not expire in the same year. D. Reappointment. A member may be reappointed by the BCC for only one (1 ) successive term, unless there are no other qualified APPLICANTS for the member's position. Appointments to fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of office. E. Removal from office. 1. Any member of the Planning Commission may be removed from office by a four-fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within thirty (30) days of the date on which the vote is taken. Page 3 of 20 -"--- 2. If any member of the Planning Commission fails to attend two (2) consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. F. Officers. The membership of the Planning Commission shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for reelection. 8.03.03 Quorum and Voting The presence of five (5) or more members shall constitute a quorum of the Planning Commission necessary to take action and transact business. In addition, a simple majority vote of at least five (5) members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the BCC. 8.03.04 Rules of Procedure A. The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, findings, and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. B. The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this LDC. 8.03.05 Compensation The members of the Planning Commission shall se rve without compensation, but may be reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC. 8.03.06 Meeti ngs A. In order to provide convenience and promote public participation, meetings of the Planning Commission shall be held in the Immokalee area when matters pending before the Planning Commission are of sufficient concern to the Immokalee area to warrant such a meeting. The Planning Commission shall, by majority vote, make such determination at one (1) of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the Planning Commission or the BCC. B. All meetings and hearings of the Planning Commission shall be open to the public. Page 4 of 20 8.03.07 Staff The community DEVELOPMENT services division shall be the professional staff of the planning commission. 8.04.00 BOARD OF ZONING APPEALS 8.04.01 Establishment; Powers and Duties There is hereby established a Board of Zoning Appeals "BZA", which shall have the following powers and duties: A. To hear, review, and approve, approve with conditions, or deny zoning variances, CONDITIONAL USES, NONCONFORMING use amendments, FLOOD variances, and off-STREET parking and shared parking agreements in accordance with the terms of these regulations; B. To hear, review, and approve, approve with conditions, or deny appeals from interpretations made by the County Manager or designee pertaining to the Collier County GMP, the future land use map, the LDC, or the official zoning atlas by the County Manager or designee; C. To make its special knowledge and expertise available upon written request and authorization of the Bee to any official, department, board, or commission of the County. D. To recommend to the BCC additional or amended rules of procedure not inconsistent with the LDC to govern the BZA's proceedings; and E. To perform those functions, powers and duties of the BZA as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended. 8.04.02 Membership A. Qualifications. Members of the BZA shall be qualified electors in Collier County and residents of the County for two (2) years prior to appointment. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the BZA. B. Appointment. The BCC may appoint a Board or Boards of Zoning Appeals for its planning area or areas, or may act as such Board or Boards of Zoning Appeals itself. Boards of Zoning Appeals shall have not less than five (5) nor more than ten (10) members. Not more than two (2) members of a BZA may be members of the Planning Commission. C. Terms. Terms of office of members of the BZA shall be for not less than two (2) nor more than four (4) years, and not more than a minority of such members' terms shall expire in anyone (1) year. Page 5 of 20 " -~_.." ,_._.~ ------ D. Removal. Any member of a BZA may be removed from office for just cause by four-fifths vote of the full membership of the BCC, but such member shall be entitled to a public hearing if he so requests in writing within thirty (30) days of the date upon which the vote is taken. E. Vacancy. Wherever a vacancy occurs on a BZA which reduces the membership of the BZA below five (5) members, the BCC shall fill such vacancy for the remainder of the term, within thirty (30) days after the vacancy occurs. No meetings of a BZA shall be held when the membership is less than five (5) members. F. Officers. Boards of Zoning Appeals shall elect a chairman and vice- chairman from among the members, and may create and fill such other offices as are determined to be necessary. Terms of all offices shall be for one (1) year, with eligibility for reelection. 8.04.03 Quorum and Voting No meeting of the BZA shall be called to order, nor may any business be transacted by the BZA, without a quorum consisting of at least three (3) members of the BZA being present. All actions shall require a simple majority of the members of the BZA then present and voting, except for CONDITIONAL USES, which require four (4) affirmative votes. 8.04.04 Rules of Procedure A. Boards of Zoning Appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of Zoning Appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. B. Boards of Zoning Appeals may, subject to the approval of the BCe and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper, pay their salaries, and make such other expenditures as are necessary to conduct the work of the BZA and effectuate its purposes. C. The BCC is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the BZA. The BCC is authorized and empowered to establish a schedule of fees, charges, and expenses, and a collection procedure therefor. O. The BZA may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this LOC. 8.04.05 Compensation Page 6 of 20 Members of the BZA may receive such travel and other expenses while on official business for the BZA as are made available by the BCC for these purposes. 8.04.06 Meetings A. Meetings of the BZA shall be held as needed to dispose of matters properly before the BZA and may be called by the chairman or in writing by three (3) members <?f the BZA. B. The location of meetings shall be in County offices in Naples, Florida. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within seven (7) days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next BZA meeting. The secretary shall notify all members of the date of the continued hearing and also shall notify all parties. C. All meetings and hearings of the BZA shall be open to the public. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS 8.05.01 Establishment and Purpose A. There is hereby established a Building Board of Adjustments and Appeals ("Building Board"). B. The purpose of the Building Board is to provide a decision-making body through which an owner of a BUILDING or STRUCTURE, or his duly AUTHORIZED AGENT, may appeal the rejections or refusal of the building official to approve the mode or manner of construction proposed to be followed, or materials to be used, in the erection or ALTERATION of that BUILDING or STRUCTURE, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of such codes, or any of the regulations thereunder, have been misconstrued or wrongly interpreted by the building official. 8.05.02 Powers and Duties The Building Board shall have the following powers and duties: A. To review and approve, with or without modifications or conditions, or deny an appeal from a decision of the building official with regard to a variance from the mode or manner of construction proposed to be followed, or materials to be used, in the erection or ALTERATION of a BUILDING or STRUCTURE, or when it is claimed that the provisions of the Florida Building Code and Florida Fire 'Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of such building Page 7 of 20 --~"~.~ ,-~. ' .- codes and technical codes or any of the regulations thereunder, have been misconstrued or wrongly interpreted by the building official; B. To accept appeals and render decisions pursuant to interlocal agreements between the County and independent fire districts which have entered into such agreements; C. To recommend to the BCC additional or amended rules of procedure not inconsistent with this LDC to govern the Building Board's proceedings; and D. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments. 8.05.03 Membership A. Qualifications. The Building Board shall be composed of five (5) regular members appointed by the BCC. The Collier County Fire Marshall's Association may recommend for consideration by the BCC those two (2) members, one (1) of whom would be an architect or engineer, and one (1) of whom must be a fire protection specialist. The Building Board shall consist of members engaged in the following occupations who, by reason of education, experience, and knowledge, are deemed to be competent to sit in judgment on matters concerning the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One: 1. One (1) state-licensed architect or one structural engineer; 2. One (1) class A general contractor; 3. One (1) state-certified fire protective equipment contractor or state- certified firefighter with the rank of lieutenant or higher, or state certified fire safety inspector with the rank of lieutenant or higher; 4. One (1) licensed electrical contractor; and 5. One(1) licensed plumbing or mechanical contractor. B. Term. The members shall serve for a term of four (4) years, except for initial appointees who shall serve as follows: two (2) for a term of one (1) year; two (2) for a term of two (2) years; one (1) for a term of three (3) years. 8.05.04 Quorum Three (3) members of the Building Board shall constitute a quorum. In varying the application of any provision of the Flori~a Building Code and Florida Fire Prevention Code, or in modifying an order of the building official or the public safety administrator, an affirmative vote of not less than three (3) Building Board members shall be required. Page 8 of 20 8.05.05 Rules of Procedure A. The Building Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of the Collier County Building Code. B. The building official shall act as secretary of the Building Board and shall make a detailed record of all its proceedings, which shall include, but shall not be limited to, all APPEAL decisions, the reasons for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL 8.06.01 Establishment There is hereby established an Environmental Advisory Council ("ECA") which. The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and DEVELOPMENT petitions and their impact on those resources. 8.06.02 Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being of the public; B. Advise and assist the County staff and the BCC toward developing the pu rpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected DEVELOPMENT ORDERS, including, but not limited to, rezones, DEVELOPMENTS of regional impact, provisional uses, SUBDIVISION master plans, and planned unit DEVELOPMENT amendments that are directed to the EAC by County staff, the BCC, or the provisions of this LDC. 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: Page 9 of 20 ~-~> _.- _U" A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and ENVIRONMENTAL QUALITY in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCe in developing and revising, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and DEVELOPMENT of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; F. Serve as the technical advisory committee to advise and assist the County In the activities involved in the DEVELOPMENT and implementation of the County environmental resources management program as stated in the Collier County GMP; G. Implement the water policy pursuant to this LDC; 'I H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; I. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for DEVELOPMENT petitions and/or plans; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards,; K. Assist in the implementation of any new programs, ordinances, and/or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and ENVIRONMENTAL QUALITY in the County; L. Provide an appellate forum and process to hear disputes between County staff and APPLICANTS concerning land DEVELOPMENT projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; M. Function as an ENVIRONMENTAL IMPACT STATEMENT (EIS) review board pursuant to Chapter 10; and N. All preliminary SUBDIVISION plat and/or site DEVELOPMENT PLAN submissions for DEVELOPMENT or site ALTERATION on a SHORELINE and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. Page 10 of 20 1. An APPLICANT aggrieved by action of the EAC may appeal to the BZA. Said appeal shall be in accordance with the procedure and standards of section 10.02.02 for appeal of written interpretations. 8.06.04 Membership A. Appointment. Nine (9) members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Appointment to the EAC shall be by resolution of the BCC and shall set forth the dat~ of appointment and the term of office. Each appointment or reappointment shall be for a term of four (4) years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in anyone (1) year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of six (6) technical members and three (3) non-technical members. Technical members shall demonstrate evidence of expertise in one (1) or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, HAZARDOUS WASTE, hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, SOLID WASTE, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the Bee. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. E. Officers. The officers of the EAC shall be a chairman and a vice- chairman. Officers' terms shall be for one (1) year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, Page 11 of 20 ..- . ~~,..' -,,-,.~~,- the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. 8.06.05 Quorum and Voting A simple majority of the appointed members of the EAC shall constitute a quorum for the purpose of conducting business. An affirmative vote of five (5) or more members shall be necessary in order to take official action, regardless of whether five (5) or more members of the EAC are present at a meeting. 8.06.06 Rules of Procedure A. The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities of the EAC: 1. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to' the same public notice requirements as that of the EAC. 8.06.07 Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCC. 8.06.08 Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger or designee, in the BCC's meeting room, third floor, BUILDING "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. 8.06.09 Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every four (4) years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. 8.07.00 HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD 8.07.01 Establishment There is hereby created a Historic/Archaeological Preservation Board ("Preservation Board,") which shall serve as an advisory board to the BCC for Collier County, Florida. The Preservation Board is vested with the Page 12 of 20 power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in the County, as set forth by this LDC, under the direct jurisdiction and control of the BCC. 8.07.02 Powers and Duties The Preservation Board shall have the following powers and duties: A. To propose rules and procedures to implement the provisions of this section to the BCC; B. To create a map delineating the areas of archaeological and historical significance which shall be subject to approval, by resolution, of the BCC. This map shall be known as "The map of Areas of Historical Archaeological Probability" and shall be completed within one (1) year from the date of the first meeting of the Preservation Board; C. Maintain and update the map of Areas of Historical Archaeological Probability at intervals not to exceed five (5) years. All subsequent changes to the map shall be subject to approval by the BCC; D. To designate specific sites, STRUCTURES, districts, BUILDINGS, and properties as historically and or archaeologically significant in accordance with section 2.03.07 E.; E. To seek assistance and advice on technical related matters requiring professional expertise; F. To maintain a master file of sites, districts, STRUCTURES, BUILDINGS, and properties designated as historically significant; and maintain a separate master file of sites designated as archaeologically significant; G. To prepare and recommend to the BCC financial and technical incentive programs to further historic and archaeological preservation; H. To increase the awareness of historic and archaeological preservation and its community benefits by promoting public education programs; I. To apply for, in the name of the County only, grant assistance from state, federal, or private sources for the purpose of furthering historic and archaeological preservation subject to approval of the BCC; J. To review the appropriateness of applying for the designation as a certified local government (36 C.F.R. 961 (2001)) on behalf of the County; K. Upon the County's designation as a certified local government, to review and make recommendations concerning National Register of Historic Places nomination proposals to the Florida review board; L. To identify criteria for determining the potential location of historical archaeological sites which shall be used by project review services during site inspection; Page 13 of 20 .-..--".-.. -----.---.... '~". M. To design an application for the certificate of appropriateness; N. To issue certificates of appropriateness based on criteria outlined in the U.S. Secretary of the Interior's "Standards for Rehabilitation" 36 C.F.R. 967 (2001), as amended, and incorporated by reference herein; O. To design an application for an historical archaeological survey and assessment waiver request; P. Review appeals for historical archaeological survey and assessment waiver requests denied by the County Manger or designee; a. To design an application for designation of specific sites, districts, STRUCTURES, BUILDINGS, and properties as h isto rically archaeologically significant; and R. To perform any other function or duty assigned by the BCC. 8.07.03 Membership A. Appointments. The Preservation Board shall consist of seven (7) members appointed by the BCC. Each member of the Preservation Board shall hold office only so long as he or she is a resident of Collier County, Florida. Appointments shall be made by resolution of the BCC on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. B. Qualifications. The BCC shall appoint one (1) member from each of the following categories: 1. History; 2. Archaeology; 3. Real estate, land DEVELOPMENT, or finance; 4. Architecture, engineering, BUILDING construction, and landscape architecture; and S. Law or urban planning. The two (2) remaining positions shall be filled by citizens at large. C. Term. All appointments shall be made for three (3) years. A Preservation Board member shall be eligible for reappointment, but shall be limited to two (2) consecutive terms. D. Officers. The members of the Preservation Board shall elect a chairman and a vice-chairman for a one (1) year term each. The chairman shall preside at all meetings and shall have the right to vote. The vice-chairman shall preside in the absence ,of the chairman. The chairman and vice-chairman may be reelected for an additional one (1) year term each, but may not serve for more than two (2) consecutive years. Page 14 of 20 E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board may be removed from office by a majority vote of the BCC. A member of the Preservation Board shall be automatically removed if he is absent from two (2) consecutive meetings without a satisfactory excuse or, in the alternative, if he is absent from more than one-fourth of the meetings in a given fiscal year, provided that the Preservation Board has met at least eight (8) times in the given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least seventy-five (75) percent of the meeting. F. Vacancy. The BCC shall fill the vacancy by appointment. 8.07.04 Compensation Members of the Preservation Board shall serve without compensation. 8.07.05 Meetings A. The Preservation Board shall meet at least once per month, at a date and time to be decided by the Preservation Board, unless there is no business pending before the Preservation Board. Regardless of the lack of pending business, the Preservation Board shall meet at least four (4) times during any calendar year. B. All meetings of the Preservation Board shall be open to the public. C. A public record of the Preservation Board's minutes and resolutions shall be maintained and made available for inspection by the public. D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled meeting in a newspaper of general paid circulation in the County and of general interest and readership in the community. The ad may be placed where other legal notices appear. 8.08.00 CODE ENFORCEMENT BOARD A. General. The provisions of this Code shall be enforced by (1) the Collier County Code Enforcement Board pursuant to the authority granted by F.S. 9 162.01 et seq., (2) by the board of county commissioners through its authority to enjoin and restrain any person violating the Code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. 9 125.69. The county manager shall have the right to inspect those lands, waters, or STRUCTURES affected by this Code and to issue citations for violations. 1. The term "county manager" as used in this Code shall mean the county manager or his designee. B. Violation. Page 15 of 20 _.-_... _.- Whenever, by the provisions of this Code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or DEVELOPMENT of any land or water, or on the erection of a STRUCTURE, a failure to comply with such provisions shall constitute a violation of this Code. C. Complaints regarding violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or his designee, shall record properly such complaint, investigate, and take action thereon as provided by this Code. He shall maintain as a public record, in his office, the disposition made of the complaint. D. Liability. Any owner, tenant, or occupant of any land or STRUCTURE, or part thereof, and any architect, engineer, builder, contractor, or any other agent, or other person, firm, or corporation, either individually or through its agents, employees, or independent contractor, who violates the provisions of this Code, or who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance. E. Procedures upon discovery of violations. 1. Upon the determination that any provision of this Code is being violated, the county manager or his designee, before prosecuting said violations before the code enforcement board, shall send a written notice by registered or by certified mail return receipt requested or by hand delivery to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the county manager's discretion. 2. The written notice shall state the action the county manager intends to take, if the violation is not corrected. 3. Before a violation of any of the provisions of this Code is prosecuted before the code enforcement board, written notice by registered or certified mail, return receipt requested, shall be serviced by the Page 16 of 20 county manager or his designee according to the requirements of Ordinance No. 92-80, as may be amended from time to time [Code ch. 2, art. VIII, div. 11]. 4. If the violation is of a nature that it can be corrected by an official zoning atlas amendment or through the granting of a variance, the county administrator is authorized to suspend enforcement actions pending the outcome of such proceedings; provided that the person(s) responsible for the violation file the appropriate application forms for official zoning atlas amendment or variance hearing with the county manager within ten calendar days of the receipt of notice of violation. If the outcome of an official zoning atlas amendment request or variance request does not remedy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct the violation, unless granted an extension by the county manager as set forth above. S.ln cases where delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or general welfare, the county manager may seek enforcement without prior written notice by invoking any of the remedies contained in this Code or otherwise provided by law. F. Criminal penalties and remedies. 1. A person who violates any of the provisions of this Code, or fails to comply with any of its requirements, or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the name of the state in the same manner as misdemeanors are prosecuted, pursuant to the terms of F.S. S 125.69, as amended, and shall be subject to all criminal penalties authorized by the State of Florida for such violation. Upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. 2. Each calendar day that any violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein. 3. In addition to the penalties and remedies above, the county manager may institute any appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of this Code, as provided by law. Page 17 of 20 - -~- ---- G. Civil penalties and remedies. 1. Cease and desist orders. The county manager is authorized to issue cease and desist orders in the form of written official notices sent by registered mail to the person(s) responsible for the violation. 2. Revocation of BUILDING permits, certificates of occupancy, or other DEVELOPMENT ORDERS, permits or approvals. The county manager may revoke any BUILDING permit, certificate of occupancy, DEVELOPMENT ORDER, DEVELOPMENT permit, or DEVELOPMENT approval, whatsoever, in those cases where an administrative determination has been duly made that, relevant to the provisions and requirements of this Code, false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. 3. Suspension of BUILDING permits, certificates of occupancy, or other DEVELOPMENT ORDERS, permits or approvals. The county manager may, to the extent permitted by law, suspend any BUILDING permit, certificate of occupancy, DEVELOPMENT ORDER, DEVELOPMENT permit, or DEVELOPMENT approvals whatsoever, where an administrative determination has been duly made that, relevant to the provisions and requirements of this Code, an error or omission on either the part of the APPLICANT or government agency existed in the issuance of the permit or approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. 4. Stop work order. For any violation of the provisions of this Code which constitutes a threat to life or to public or private property, the county manager shall have the authority to issue a stop work order in the form of a written official notice given to the owner of the subject property or to his agent or to the person doing the work where such a violation has been committed or exists. Upon notice from the county administrator that any action or work is occurring contrary to the provisions of this Code, and it constitutes a threat to life or to public or private property, such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the county administrator shall be sufficient. H. Other remedies. Page 18 of 20 The county manager or the board of county commissioners may have recourse to such other remedies in law and equity as may be necessary to ensure compliance with the provisions of the Code, including the following: 1. Injunctive relief to enjoin and restrain any person from violating the provisions of the Code and recovery of damages for such violation; 2. Prosecution by the stat~attorney's office as provided by F.S. S 125.69, as amended; 3. Prosecution before the Collier County Code Enforcement Board; 4. Revocation of any permit or changing the conditions of any permit; S. Withholding the issuance of any construction plan approval, BUILDING permit, certificate of occupancy, or inspection by the county; 6. Requiring replacement by the property owner of any vegetation removed in violation of the land AL TERA TION and landscaping regulations or in violation of any permit issued under the Qode, including corrective measures pursuant to section 10.02.06 C. Replacement trees shall be of sufficient size and quantity to replace the dbh (DIAMETER AT BREAST HEIGHT) of inches removed. At the time of planting, a replacement tree shall have a minimum dbh of three inches and a minimum height of 14 feet and a seven-foot crown; and 7. Recovery of attorneys' fees, expert witness fees, and costs, including those on appeal, incurred by the county for in-house county attorneys and staff experts and for outside legal counsel experts. I. Notice and appeal. All administrative decisions authorized by this Code for a pending violation of the Code concerning a stop work order, or the issuance, revocation, or suspension of BUILDING permits, certificates of occupancy, DEVELOPMENT ORDERS, DEVELOPMENT permits, or DEVELOPMENT approvals, whatsoever, shall be reduced to writing and sent by registered mail, return receipt requested, to the official holder of the affected DEVELOPMENT approval or permit APPLICANT. Administrative decisions of the county manager, or ~uthorized official, may not be appealed to the board of county commissioners, board of zoning appeals, code enforcement board, or BUILDING board of adjustments and appeals, except as may be otherwise authorized by this Code or by Page 19 of 20 _._- other regulation adopted by reference as a part of this Code. J. Prosecution under previous regulations. Any prosecution arising from a violation of any prior code, ordinance, or regulation of Collier County superseded by this Code, which prosecution was pending at the effective date of this Code, or any prosecution which may be begun within one year after the effective date of this Code, in consequence of any violation of any prior code, ordinance, or regulation superseded hereby, which violation was committed prior to the effective date of this Code, shall be tried and determined exactly as if such prior code, ordinance, or regulation had not been superseded. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 8.09.01 Creation and Appointment of the Community Development and Environmental Services Administrator The community development and environmental services administrator shall be the agency head of the community development and environmental services division and shall be appointed by and serve at the pleasure of the county manager. 8.09.02 Jurisdiction, Authority and Duties In addition to the jurisdiction, authority and duties which may be conferred upon the community development and environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development and environmental services administrator shall have the following jurisdiction, authority and duties: A. To provide the board of county commissioners, the Development Services Advisory Committee, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board, with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. B. To administer and manage the Planning Services, Pollution Control, Natural Resources, Building Review and Permitting, Code Enforcement and housing and urban improvement departments, and oversee the preparation of the budget for each. C. For the purposes of this code the phrases Development Services Director, Growth Management Director, Code Compliance Director, Growth Planning Director and Planning Services Director, shall mean the Community Development and Environmental Services Administrator, or his designee. Page 20 of 20 9.01.00 GENERALLY 9.02.00 DEVELOPMENT WITH VESTED RIGHTS 9.02.01 Purpose 9.02.02 Criteria required for a determination of vested rights 9.02.03 Procedure for a determination of vested rights 9.03.00 NONCONFORMITIES 9.03.01 Generally 9.03.02 Requirements for continuation of nonconformities 9.03.03 Types of nonconformities 9.04.00 VARIANCES 9.04.01 Generally 9.04.02 Types of variances authorized 9.04.03 Criteria for variances 9.04.04 Specific requirements for Minor After-the-fact Yard Encroachments 9.04.05 Specific requirements for variances to flood hazard protection requirements 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line 9.04.07 Specific Requirements for Waiver of Automobile Service Station Distance Requirements -. -.- CHAPTER 9 - V ARIA TIONS FROM CODE REQUIREMENTS 9.01.00 GENERALL Y This chapter is intended to provide mechanisms for obtaining relief from the provisions of the LDC where it is necessary to vary from the requirements of the LDC. Variation from the regulations in the LDC may result from the following circumstances: DEVELOPMENT that is vested for the use ,or design standards that apply to the property; DEVELOPMENT that is NONCONFORMING; or DEVELOPMENT that is granted approval to vary from one or more regulations by the Soard of Zoning Appeals. Each of these circumstances is described in this chapter. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS [Reserved] 9.03.00 NON CONFORMITIES 9.03.01 Generally A. Intent Within the zoning districts established by the LDC or amendments that may later be adopted, there may exist LOTS, STRUCTURES, uses of land, water and STRUCTURES, and characteristics of use which were lawful before the LDC was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of LDC or future amendments. It is the intent of this section to permit these NONCONFORMITIES to continue until they are voluntarily renovated or removed as required by the LDC, but not to encourage their survival. It is further the intent of the LDC that the NONCONFORMITIES shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other STRUCTURES or uses prohibited elsewhere in the same district. S. Declaration NONCONFORMING uses are declared by this section to be incompatible with permitted uses in the districts involved. A NONCONFORMING use of a STRUCTURE, a NONCONFORMING use of land or water, or a NONCONFORMING use of STRUCTURE, land or water in combination shall not be extended or enlarged after the effective date of the LDC or relevant amendment thereto by attachment on a STRUCTURE or premises of additional SIGNS intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided for within section 9.03.03 S.4. C. Vested projects Page 1 of 22 -- ---,,- To avoid undue hardship, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of a BUILDING or property on which a BUILDING permit had been applied for prior to the effective date of adoption of relevant amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of any property for which a DEVELOPMENT PLAN was lawfully required and approved prior to the effective date of adoption of relevant amendment of the LDC, provided that such plan shall expire two (2) years from the date of said approval, or one (1) year from the date of adoption of the LDC, whichever shall first occur, if no actual construction has been commenced; and thereafter, all DEVELOPMENT shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC, provided the degree of nonconformity with the LDC shall not be increased. D. Casual, temporary, or illegal use The casual, temporary, or illegal use of land or STRUCTURES, or land and STRUCTURES in combination, shall not be sufficient to establish the existence of a NONCONFORMING use or to create rights in the continuance of such use. E. Uses under CONDITIONAL USE provisions not NONCONFORMING uses All uses lawfully existing on the effective date of the LDC which are permitted as a CONDITIONAL USE in a district under the terms of the LDC shall not be deemed a NONCONFORMING use in such district, but shall without further action be deemed to have a CONDITIONAL USE pe rm it. F. Change to conforming use requires future conformity with district regulations Where a STRUCTURE, or STRUCTURE and premises in combination, in or on which a NONCONFORMING use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the STRUCTURE is located, and [sic] the NONCONFORMING use shall not thereafter be resumed nor shall any other NONCONFORMING use be permitted. G. NONCONFORMITIES not involving the use of a PRINCIPAL STRUCTURE NONCONFORMITIES not involving the use of a PRINCIP AL STRUCTURE, including, but not limited to, open storage, BUILDING supplies, vehicles, MOBILE HOMES, trailers, equipment and machinery storage, junkyard, commercial animal YARDS and the like, shall be discontinued within one (1) year of the effective date of the LDC or relevant amendment of the LDC. Page 2 of 22 H. Safety of NONCONFORMITIES 1. If a NONCONFORMING STRUCTURE or portion of a STRUCTURE, or any STRUCTURE containing a NONCONFORMING use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 2. If a NONCONFORMING STRUCTURE or portion of a STRUCTURE, or any STRUCTURE containing a NONCONFORMING use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or restoring to a safe condition of such BUILDING or part thereof declared to be unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall apply. 9.03.02 Requirements for Continuation of NONCONFORMITIES Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands or waters exists which would not be permitted under the LDC, the use may be continued, so long as it remains otherwise lawful, provided: A. Enlargement, increase, intensification, alteration No such NONCONFORMING use shall be enlarged, intensified, increased, or extended to occupy a greater area of land, STRUCTURE, or water than was occupied at the effective date of adoption or relevant amendment of the LDC, except a single-family, DUPLEX, or MOBILE HOME use as provided for within section 9.03.03 804. 8. Extension of use in BUILDING manifestly designed for such use Any NONCONFORMING use may be extended throughout any parts of a BUILDING which were manifestly arranged or designed for such use at the effective date of adoption or relevant amendment of the LOC. Any NONCONFORMING use which occupied a portion of a BUILDING not originally designed or intended for such use shall not be extended to any other part of the BUILDING. No NONCONFORMING use shall be extended to occupy any land outside the BUILDING, nor any additional BUILDING on the same LOT or PARCEL, ' not used for such NONCONFORMING use at the effective date of adoption or relevant amendment of the LOC. C. Change in tenancy or ownership Page 3 of 22 ~-'"-_.._-".._-- There may be a change in tenancy, ownership, or management of a NONCONFORMING use provided there is no change in the nature or character of such NONCONFORMING use. D. Change in use. If no structural alterations are made, any NONCONFORMING use of a STRUCTURE, or of a STRUCTURE and premises in combination may be changed to another NONCONFORMING use of the same character, or to a more restricted NONCONFORMING use, provided the, board of zoning appeals, upon application to the County Manager or designee, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing NONCONFORMING use and that the relation of the STRUCTURE to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing NONCONFORMING use is continued. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accordance with the intent and purpose of the LDC. E. Movement No such NONCONFORMING use shall be moved in whole or in part to any portion of the LOT or PARCEL other than that occupied by such use at the effective date of adoption or relevant amendment of the LDC. F. Discontinuance or destruction 1. If any such NONCONFORMING use ceases for any reason (except where governmental action impedes ACCESS to the premises) for a period of more than 180 consecutive days, any subsequent use of land shall conform to the regulations specified by the LDC for the district in which such land is located. 2. Notwithstanding the above definitions of discontinuance relative to a NONCONFORMING use of land or water or STRUCTURE, where the use of land, water or a STRUCTURE has ceased for a period of more than ninety (90) consecutive days, and where such property or use is deficient in the required amount of paved, striped parking, including parking and ACCESS to the STRUCTURE for the disabled; water management facilities; landscaping; and other site improvements as required in Chapter Four of the LDC, prior to the recommencement of any use of land, water or STRUCTURE, said deficiencies as may apply shall be remedied, to the greatest extent possible given the physical constraints on the property, via the appropriate administrative processes found in Chapter Ten, or as otherwise required by the LDC. 3. When NONCONFORMING use status applies to a major STRUCTURE or STRUCTURES, or to a major STRUCTURE or STRUCTURES and premises in combination I removal or Page 4 of 22 destruction of the STRUCTURE or STRUCTURE shall eliminate the NONCONFORMING status of the land. "Destruction" of the STRUCTURE for purposes of this subsection is hereby defined as damage to the extent of more than fifty (50) percent of the replacement cost at the time of the destruction. Upon removal or destruction as set out in this section, the use of land and STRUCTURES shall therefore conform to the regulations for the district in which such lancUs located. G. Repairs and maintenance On any NONCONFORMING STRUCTURE or portion of a STRUCTURE and on any STRUCTURE containing a NONCONFORMING use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding twenty (20) percent of the current assessed valuation of the STRUCTURE (or of the NONCONFORMING portion of the STRUCTURE if a NONCONFORMING portion of a STRUCTURE is involved), provided that the cubic content of the STRUCTURE existing at the date it becomes NONCONFORMING shall not be increased except subject further to the exception provided at section 9.03.03 S., herein. H. SUBDIVISION or structural additions No land in NONCONFORMING use shall be subdivided, nor shall any STRUCTURES be added on such land except for the purposes and in a manner conforming to the regulations for the district in which such land is located; provided, however, that SUBDIVISION may be made which does not increase the degree of nonconformity of the use. 9.03.03 Types of NONCONFORMITIES A. NONCONFORMING LOTS OF RECORD In any district, any permitted or permissible STRUCTURE may be erected, expanded, or AL TERED on any LOT OF RECORD at the effective date of adoption or relevant amendment to the LDC. 1. The minimum YARD requirements in any residential district except RMF-6 and E estates) shall be as for the most similar district to which such LOT OF RECORD most closely conforms in area, width and permitted use, except that when possible the greater of any YARD requirement in either district shall apply, and except when specifically provided for in the district regulations. 2. The minimum side YARD requirement in any commercial or industrial district shall be equal to the height of the proposed PRINCIPAL STRUCTURE, or the minimum side YARD requirement in the district, whichever is lesser. Page 5 of 22 -.-.., ,.~_.~-".~ _..,- 3. NONCONFORMING through LOTS, i.e., double FRONTAGE LOTS, legal NONCONFORMING LOTS OF RECORD with double road FRONTAGE, which are NONCONFORMING due to inadequate LOT depth, in which case, the FRONT YARD along the local road portion shall be computed at the rate of fifteen (15) percent of the depth of the LOT, as measured from edge of the RIGHT -OF-W A Y. 4. The NONCONFORMING through LOT utilizing the reduced FRONT AGE shall establish the LOT FRONT AGE along the local road only. FRONT AGE along a COLLECTOR or ARTERIAL ROADway to serve such LOTS is prohibited. FRONT YARDS along the local road shall be developed with STRUCTURES having an average FRONT YARD of not more than six (6) feet; no BUILDING thereafter erected shall project beyond the average line so established. 5. When two or more ADJACENT legal NONCONFORMING LOTS OF RECORD are either combined under a single folio or parcel number for taxing purposes by the property appraiser's office, or combined as a single parcel by recording the previously separate NON-CONFORMING LOTS into one legal description, neither or both of these actions will prohibit the owner or future owners from subsequently splitting the parcel into two or more folio or parcel numbers for tax purposes, or severing the PARCELS into their former legal descriptions as legal NONCONFORMING LOTS OF RECORD according to the original legal description(s) at the time the property was recognized as legal NONCONFORMING. Prior to any two or more ADJACENT legal NON-CONFORMING LOTS being combined for DEVELOPMENT, a legally binding document must be recorded to reflect a single parcel with a unified legal description. Once such a document has been recorded to amend the legal description and a DEVELOPMENT permit has been approved by the County for DEVELOPMENT as that unified parcel, the property can not be split or subdivided except as may then be allowed by this code. B. NONCONFORMING STRUCTURES Where a STRUCTURE lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on LOT area, LOT COVERAGE, height, YARDS, location on the LOT, or requirements other than use concerning the STRUCTURE, such STRUCTURE may be continued so long as it remains otherwise lawful, subject to the following pro'visions: 1. No such NONCONFORMING STRUCTURE may be enlarged or AL TERED in a way which increases its nonconformity, but any Page 6 of 22 STRUCTURE or portion thereof may be ALTERED to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of NONCONFORMING SINGLE-FAMIL Y DWELLINGS, DUPLEXES or MOBILE HOMES shall be permitted in accordance with section 9.03.03 804. 2. Should such NONCONFORMING STRUCTURE or NONCONFORMING portion of a STRUCTURE be destroyed by any means to an extent of more than fifty (50) percent of its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the site DEVELOPMENT review director, it shall not be reconstructed except in conformity with provisions of the LDC. a. DOCKS and BOATHOUSES are not subject to the provisions of Section (8)(2) above. DOCKS and BOATHOUSES must be reconstructed to conform to the Code only if the reconstruction of the DOCK or BOATHOUSE will expand or ALTER the original NONCONFORMING facility with regard to deck area, protrusion, SETBACKS, or the addition of any covered STRUCTURE, regardless of the percentage of destruction or repairs performed. The determination of legal NONCONFORMING status will be established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record, or other dated photography or documentation showing that the facility existed in its present location and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will void legal NONCONFORMING status and require strict compliance to the Code. 3. Should such STRUCTURE be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 4. NONCONFORMING residential STRUCTURES, which for the purpose of this section shall mean detached SINGLE-FAMILY DWELLINGS, DUPLEXES or MOBILE HOMES in existence at the effective date of this zoning Code or its relevant amendment and in continuous residential use thereafter, may be ALTERED, expanded, or replaced upon recommendation of the Collier County Planning Commission and approval of the 80ard of Zoning Appeals by resolution. S. Notwithstanding the foregoing restrictions as to reconstruction, any residential STRUCTURE or STRUCTURES in any residential zone district may be rebuilt after destruction to the prior extent, Page 7 of 22 ---" --~-"" --.-- height and DENSITY of units per acre regardless of the percentage of destruction, subject to compliance with the applicable BUILDING code requirements in effect at the time of redevelopment. In the event of such rebuilding, all SETBACKS and other applicable district requirements shall be met unless a V ARIANCE therefore is obtained from the Board of Zoning Appeals. For the purpose of this section, a HOTEL, MOTEL, or BOATEL shall be considered to be a residential STRUCTURE. Since the size and nature of the alteration, expansion or replacement of such NONCONFORMING STRUCTURES may vary widely, a site plan, and if applicable, preliminary BUILDING plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a NONCONFORMING SINGLE-FAMIL Y DWELLING, DUPLEX or MOBILE HOME, the Planning Commission and the Bee shall consider and base its approval on the following standards and criteria: a. The alteration, expansion, or replacement will not increase the DENSITY of the PARCEL or LOT on which the NONCONFORMING SINGLE-FAMILY DWELLING, DUPLEX, or MOBILE HOME is located; b. The alteration, expansion, or replacement will not exceed the BUILDING HEIGHT requirements of the district most closely associated with the subject NONCONFORMING use; c. The alteration, expansion, or replacement will not further encroach upon any NONCONFORMING SETBACK; d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the STRUCTURE; e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future DEVELOPMENT of the surrounding properties; and f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. C. Requirements for improvements or additions to NONCONFORMING MOBILE HOMES 1. Improvements or additions to NONCONFORMING MOBILE HOMES containing conforming uses, in the A agriculture district only, shall be permitted if the addition or improvement complies fully with the SETBACK and other applicable regulations. Page 8 of 22 2. Issuance and reissuance of BUILDING permits when MULTIPLE MOBILE HOMES are located on a single PARCEL of land: Where specific zoning districts permit MOBILE HOME DEVELOPMENT and said lands have been substantially developed prior to the effective date of the LDC with multiple MOBILE HOMES under singular ownership without an approved site DEVELOPMENT PLAN, as required by Chapter Ten of the LDC, no further BUILDING permits for the placement or replacement of MOBILE HOMES may be obtained except as defined below. 3. Prior to issuance of any BUILDING permit for replacement of a MOBILE HOME, the property owner or AUTHORIZED AGENT shall provide the County Manger or designee, or his designee, with three copies of a scaled drawing of the subject PARCEL which indicates: a. Proof of BUILDING permit issuance for STRUCTURE being replaced. b. The location of the STRUCTURE to be replaced and its relationship to ADJACENT MOBILE HOMES and PARCEL boundaries. 4. Prior to issuance of a BUILDING permit for any additional MOBILE HOME(S), the APPLICANT or AUTHORIZED AGENT shall obtain a SITE DEVELOPMENT PLAN, consistent with Chapter 10 of the LDC. As part of the SDP application, BUILDING permit numbers of all existing MOBILE HOMES shall be submitted. S. In no case shall the issuance or reissuance of BUILDING permits cause the DENSITY of the subject PARCEL to exceed that provided in the DENSITY rating system of the GMP or the Immokalee future land use map, except as may be provided in section 9.03.03 8.4. of the LDC. D. NONCONFORMING SIGNS Existing SIGNS not expressly prohibited by this Code and not conforming to its provisions shall be regarded as NONCONFORMING SIGNS. 1. The following SIGNS, and SIGN STRUCTURES shall be removed or made to conform to this Code within 90 days from the effective date thereof. a. SIGNS made of paper, cloth or other nondurable materials. b. All temporary SIGNS. c. Those SIGNS described in sections 5.06.02 G., 5.06.02 M., 5.06.02 N., 5.06.02 a. and 5.06.02 R. Page 9 of 22 ,,-- ~._-"~ -~_._"-' --- d. All NONCONFORMING on-premises SIGNS, and SIGN STRUCTURES having an original cost or value of $100.00 or more, and originally built prior to January 1 st; 1991, which do not conform to the requirements of the 1991 Code and all illuminated and/or animated SIGNS, neon or otherwise, installed inside commercial establishments and intended to be seen from the outside may be maintained until February 1 st, 2003, at which date all such SIGNS must be made to, comply with the requirements of this Code or removed, except as provided below: 2. NONCONFORMING off-premises SIGNS. All NONCONFORMING off-premises SIGNS, and SIGN STRUCTURES having an original cost or value of $100.00 or more may be maintained for the longer of the following periods: a. Two years from the date upon which the SIGN became NONCONFORMING under this ordinance. b. A period of three to seven years from the effective date of this ordinance, according to the amortization table below. SIGN CosWalue Permitted Years from Effective Date of this Amendment $100.00 to 3 $1.000.00 $1,001.00 to 4 $3,000.00 $3,001.00 to 5 $10,000.00 More than 7 $10,000.00 c. Any owner of an off-premises SIGN who requests an amortization period longer than two years shall, within one year from the date of enactment of these regulations, register the SIGN with the code enforcement director, or his designee. The following information shall be provided at the time of registration; the cost or value, whichever is greater, of the SIGN; the date of erection; or the cost or value and date of the most recent renovation; a photograph of the SIGN or SIGNS and their supporting STRUCTURE, not less than five inches by seven Page 10 of 22 inches in size; and a written agreement to remove the SIGN at or before the expiration of the amortization period applicable to the SIGN. The off-premise SIGN owner's signature shall be witnessed before a notary public on all requests for extended amortizations. A registration fee of $50.00 shall be paid at the time of registration. 3. Continuation of NONCONFORMING SIGNS Subject to the limitations imposed by section 9.03.03 D. above, a NONCONFORMING SIGN may be continued and shall be maintained in good condition for the duration of amortization period as required by this Code, but shall not be: a. Structurally or mechanically extended or altered to further the nonconformity, except in cases where it has been determined that there exists imminent danger to the public safety. b. Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or more of its replacement value, except in conformity with this Code. c. A NONCONFORMING permanent on-premises or off-premises SIGN shall not be replaced by another NONCONFORMING SIGN. All NONCONFORMING SIGNS shall be brought into full compliance as part of any future change requiring a BUILDING permit. A permit for routine maintenance or non-structural repairs shall be exempt from the requirements of this subsection provided the cost of such repairs does not exceed 50 percent of the replacement cost of the SIGN. Substitution or interchange of letters, on NONCONFORMING SIGNS shall be permitted through the period of nonconformity established by this Code. d. Continued in use when any land use to which the SIGN pertains has ceased for a period of 90 consecutive days, or has otherwise changed. S. NONCONFORMING status shall not be afforded to any SIGN erected without the required permit issued by the county, state, or any federal agency either before or after the enactment of this Code, or to any pre-existing SIGNS which have been illegally installed, constructed, placed or maintained. 9.04.00 VARIANCES 9.04.01 Generally A. Purpose Page 11 of 22 -- -.....,-.--.--- -"--~---'- In specific cases, variance from the terms of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; ora literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her, property that is consistent with the DEVELOPMENT pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. B. Historic Places Variances may be issued for the reconstruction, rehabilitation or restoration of STRUCTURES listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 9.04.02 Types of variances authorized A variance is authorized for any dimensional DEVELOPMENT standard, including the following: height, area, and size of STRUCTURE; height of fence; size of YARDS and OPEN SPACES; dimensional aspects of landscaping and BUFFERING requirements; size, height, . I maxImum number of, and minimum SETBACK for SIGNS; and minimum requirements for off-STREET parking facilities. A. Variances for SIGNS The board of zoning appeals based upon the evidence given in public hearing; and the findings of the planning commission should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section 9.04.00 or where it can be demonstrated that a SIGN has significant historic or community significance, and pursuant to the criteria and procedures set forth in this section 9.04.00. In granting any variance, the board of zoning appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this Code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. 9.04.03 Criteria for variances Page 12 of 22 A. There are special conditions and circumstances existing which are peculiar to the location, size, and characte ristics of the land, STRUCTURE, or BUILDING involved. B. There are special conditions and circumstances which do not result from the action of the APPLICANT, such as pre-existing conditions relative to the property which is the subject of the variance request. C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the APPLICANT or create practical difficulties on the APPLICANT. O. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, BUILDING, or STRUCTURE and which promote standards of health, safety, or welfare. E. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, BUILDINGS, or STRUCTURES in the same zoning district. F. Granting the variance will be in harmony with the intent and purpose of the LOC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. I G. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. H. Granting the variance will be consistent with the GMP. 9.04.04 Specific Requirements for Minor After-the-fact YARD Encroachments Minor after-the-fact YARD encroachments may be approved administratively by the County Manager or designee. For the purposes of this subsection, minor YARD encroachments shall be divided into three (3) classifications: A. STRUCTURES for which a BUILDING permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor after-the-fact YARD encroachments of up to five (5) percent of the required YARD, not to exceed a maximum of six (6) inches. For SINGLE-FAMIL Y, MOBILE/MODULAR HOMES, DUPLEX, and two-family DWELLING UNITS only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the APPLICANT, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required YARD. B. STRUCTURES for which a BUILDING permit and certificate of occupancy or a FINAL DEVELOPMENT ORDER has been granted. The County Manager or designee may administratively approve minor after-the-fact YARD encroachments of up to ten (10) percent of the Page 1 3 of 22 -- n_'_....~ required YARD which requirement was in effect as of the date on which the certificate of occupancy or FINAL DEVELOPMENT ORDER was issued, not to exceed a maximum of two (2) feet. For SINGLE- FAMIL Y, MOBILE/MODULAR HOME, DUPLEX, and two-family DWELLING UNITS only, the County Manager or designee may administratively approve minor after-the-fact YARD encroachments of up to twenty-five (25) percent of the required YARD which requirement was in effect as of the date on which the certificate of occupancy or FINAL DEVELOPMENT ORDER was issued. C. SINGLE-FAMILY, DUPLEX, and two-family DWELLING UNITS only for which no BUILDING permit record can be produced. Provided that all of the following criteria are met, the County Manager or designee may administratively approve minor after-the-fact encroachments of up to twenty-five (25) percent of the required YARD, provided that: 1. The encroaching STRUCTURE, or portion of the STRUCTURE, was constructed prior to the purchase of the subject property by the current owner. 2. Evidence is presented showing that the encroaching STRUCTURE, or portion of the STRUCTURE, was constructed at least two (2) years prior to the date of application for the administrative variance. This evidence may be in the form of a survey, property card, or dated aerial photograph clearly showing the encroachment. 3. The encroaching STRUCTURE is either an addition of living area to a PRINCIPAL STRUCTURE, or an ACCESSORY STRUCTURE of at least 200 square feet in area. 4. The encroachment presents no safety hazard and has no adverse affect on the public welfare. S. An after-the-fact BUILDING permit for the STRUCTURE, or portion of the STRUCTURE, is issued prior to the application for the administrative variance. The administrative variance will only be approved once all inspections have been completed, and the certificate of occupancy will be issued once the administrative variance has been approved. D. Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between STRUCTURES to less than ten (10) feet. Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subject to the provisions of this section regarding NONCONFORMING STRUCTURES. 9.04.05 Specific Requirements for Variances to FLOOD Hazard Protection Requirements A. General requirements Page 14 of 22 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the FLOOD hazard, to afford relief. 2. Variances shall only be issued upon: a. A showing of good and sufficient cause. b. A determination that failure to grant the variance would result in exceptional hardship to the APPLICANT. c. A determination that the granting of a variance will not result in increased FLOOD heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3. In passing upon a variance, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of the LDC; and the following criteria: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to FLOODING or erosion damage; c. The susceptibility of the proposed facility and its contents to FLOOD damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations, not subject to FLOODING or erosion damage, for the proposed use; g. The COMPATIBILITY of the proposed use with existing and anticipated DEVELOPMENT. h. The relationship of the proposed use to the GMP and FLOOD PLAIN management program for the area; I. The safety of ACCESS to the property in times of FLOOD for ordinary and emergency vehicles; J. The expected heights, velocity, duration, rate of rise, and sediment transport of the FLOOD waters and the effects of wave action, if applicable, expected at the site; k. The costs of providing governmental services during and after FLOOD conditions, including maintenance and repair of Page 15 of 22 -,-~- ""-~ --,.. public utilities and facilities such as sewer, gas, electrical, water systems, STREETS, and bridges, and; I. Variances shall not be issued within any designated FLOODW A Y if any increase in FLOOD levels during the BASE FLOOD discharge would result. m. Variances may be issued by a community for new construction and SUBSTANTIAL IMPROVEMENTS and for other DEVELOPMENT necessary for the, conduct of a functionally dependent use provided that the criteria of (a) through (I) of this section are met. n. Generally, variances may be issued for new construction and SUBST ANTIAL IMPROVEMENTS to be erected on a LOT of one-half (1/2) acre or less in size contiguous to and surrounded by LOTS with existing STRUCTURES constructed below the BASE FLOOD level, providing items (a) through (I) have been fully considered. 9.04.06 Specific Requirements for Variance to the Coastal Construction SETBACK LINE A. The coastal construction SETBACK LINE shall be that coastal construction SETBACK LINE established by the DEP of the State of Florida pursuant to F.S. 9 161.053 and recorded in Coastal SETBACK LINE Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. B. SETBACK LINES established under this LDC shall be reviewed upon petition of affected riparian upland owners. The BCC of Collier County shall decide, after due public notice and hearing, whether a change in the SETBACK LINE is justified, and shall notify the petitioner in writing. The present SETBACK LINES are presumed to be correct, and no change in SETBACK LINES are presumed to be correct, and no change in SETBACK LINES shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the MEAN HIGH- WATER LINE or seventy-five (75) feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, BEACH and offshore ground contours, the vegetation line, erosion trends, the DUNE or bluff line, if any exist, and existing upland DEVELOPMENT, that the general public health and welfare are preserved, upland properties protected, and BEACH and sand DUNE erosion controlled. C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing STRUCTURES, Page 16 of 22 make any excavation, remove any BEACH material or otherwise ALTER existing ground elevations, drive any vehicle on, over or across any sand DUNE, or damage or cause to be damaged any sand DUNE, or the vegetation growing thereon and/or seaward of said DUNE, seaward of the coastal construction SETBACK LINE, except as hereinafter provided. D. If in the immediate contiguous or ADJACENT area a "number of existing STRUCTURES" have established a reasonably continuous and uniform construction line closer to the LINE OF MEAN HIGH WATER than the line as herein established, and if said existing STRUCTURES have not been unduly affected by erosion, a proposed STRUCTURE may be permitted along such line if such proposed STRUCTURE is also approved by the BCC. E. The BCC may authorize the construction of pipelines or piers extending outward from the SHORELINE, unless it determines that the construction of such projects would cause erosion of the BEACH in the area of such STRUCTURES. F. Certain activities that may temporarily ALTER ground elevations .such as artificial BEACH nourishment projects, excavation or maintenance , dredging of inlet channels may be permitted seaward of the cO'astal construction SETBACK LINE if said activity is in compliance with the Collier County GMP and receives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these BEACH Nourishment permits. G. Procedures for obtaining variance 1. A written petition requesting a variance from the established SETBACK LINE shall be filed with the board of county commissioners or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction SETBACK LINE variance form; b. A description of the established SETBACK LINE and the line which petitioner wishes to be varied; c. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction SETBACK LINE variances. An application for coastal construction SETBACK LINE (CCSL) variance shall be considered by the board of county Page 17 of 22 commissioners pursuant to the following public notice and hearing requirements. a. The APPLICANT shall post a SIGN at least 45 days prior to the date of the public hearing by the board of county commissioners. The SIGN shall contain substantially the following language and the SIGN copy shall utilize the total area of the SIGN: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information: ) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property SIGN shall be as follows: I. For a property less than one acre in size, the SIGN shall measure at least one and one-half square feet in area. ii. For a property one acre or more in size, the SIGN shall measure at least 32 square feet in area. c. In the case of a SIGN located on a property less than one acre in size, such SIGN shall be erected by the County Manager or his designee in full view of the public on each STREET side of the subject property and on the side of the property visible from the BEACH. Where the property for which approval is sought is landlocked or for some other reason a SIGN cannot be posted directly on the subject property, then the SIGN shall be erected along the nearest STREET RIGHT-OF-WAY, with an attached notation indicating generally the distance and direction to the subject property. d. In the case of SIGN(S) located on a property one acre or more in size, the APPLICANT shall be responsible for erecting the required SIGN(S). The SIGN(S) shall be erected in full view of Page 18 of 22 the public on each STREET upon which the subject property has FRONT AGE and on the side of the property visible from the BEACH. Where the subject property is landlocked, or for some other reason the SIGN(S) cannot be posted directly on the property, then the SIGN(S) shall be erected along the nearest STREET RIGHT-OF-WAY, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one SIGN on each external boundary which fronts upon a STREET, however, in the, case of external boundaries along a STREET with greater FRONT AGES than 1,320 linear feet, SIGNS shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of SIGNS along an exterior boundary fronting on a STREET exceed four SIGNS. The APPLICANT shall provide evidence to the planning services department that the SIGN(S) were erected by furnishing photographs of the SIGN(S) showing the date of their erection at least ten days pric: to the scheduled public hearing by the board of county com".jssioners. The SIGN(S) shall remain in place until the date OJ either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of a written request by the planning services department director from the APPLICANT to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The board of county commissioners shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 4. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by Page 19 of 22 --.". "-'- petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as EXOTIC VEGETATION by county code. 2. Any modification, maintenance, or repair, to any existing STRUCTURE within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of. that STRUCTURE, except those modifications required by code, excluding additions or enclosure added, constructed, or installed below the first DWELLING floor or lowest deck of the existing STRUCTURE. 3. Any STRUCTURES, that: 1 ) do not constitute fixed STRUCTURE(S), 2) do not require a BUILDING permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee or his designees, is determined to not present an actual or potential threat to the BEACH and the DUNE system and ADJACENT properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1--0ctober 31 ) unless the STRUCTURES are removed daily from the BEACH prior to 9:30 p.m. and are not moved onto, or placed on, the BEACH before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the BEACH furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F.S. 9 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. 9.04.07 Specific Requirements for Waiver of AUTOMOBILE SERVICE STATION Distance Requirements. A. Waiver of distance requirements. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth in section 5.05.05. if it is demonstrated by the APPLICANT and determined by the BZA that the site proposed for DEVELOPMENT of Page 20 of 22 an AUTOMOBILE SERVICE STATION is separated from another AUTOMOBILE SERVICE STATION by natural or man-made boundaries, STRUCTURES or other features which offset or limit the necessity for such minimum distance requirements. The BZA decision to waive part or all of the distance requirements shall be bas'ed upon the following factors: 1. Whether or not the nature and type of natural or manmade boundary, STRUCTURE, or other feature lying between the proposed establishment and an existing AUTOMOBILE SERVICE STATION is determined by the board to lessen the impact of the proposed service station. Such boundary, STRUCTURE or other feature may include, but not be limited to, lakes, marshes, nondevelopable WETLANDS, designated preserve areas, canals and a minimum of a four-lane arterial or collector RIGHT-OF-WAY. 2. Whether or not the AUTOMOBILE SERVICE STATION is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food, gasoline and other convenience items during daytime, nighttime, or on a 24-hour basis. 3. Whether or not the service station is located within a SHOPPING CENTER primarily accessed by a DRIVEWAY, or if it fronts on and is accessed directly from a platted road RIGHT-OF- WAY. 4. Whether or not the granting of the distance waiver will have an adverse impact on ADJACENT land uses, especially residential land uses. B. Waiver request submittal requirements. The request for an AUTOMOBILE SERVICE STATION waiver shall be based on the submittal of the required application, a site plan, and a written market study analysis which justifies a need for the additional AUTOMOBILE SERVICE STATION in the desired location. The site plan shall indicate the following: 1. The dimensions of the subject property. 2. All vehicular points of ingress and egress. 3. Compliance with all requirements of this Code including the location of the STRUCTURES on site, landscaping, off-STREET parking, site circulation, architectural design guidelines, and signage. i Page 21 of 22 4. All proposed BUFFER areas. 5. The site plan shall also indicate the layout and type of land uses surrounding the subject property within 500 feet. The site plan shall show the layout of the road on which the proposed station fronts or to which ACCESS is provided, including the type of road, the number of lanes, and the location of intersections and turn lanes, median locations and median widths, for a 500 foot distance from the subject parcel. C. Additional conditions. The BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure COMPATIBILITY of the AUTOMOBILE SERVICE STATION with the surrounding area and the goals and objectives of the GMP. Page 22 of 22 10.01.00 GENERALL Y 10.01.01 Purpose and Intent 10.01.02 Development Orders Required 10.01.03 Applicability and Exemptions A. Generally B. Exemptions 10.01.04 Fees Required 10.02.00 APPLICATION REQUIREMENTS 10.02.01 Pre-application Conference Required 10.02.02 Submittal Requirements for All Applications 10.02.03 Submittal Requirements for Site Development Plans A. Conceptual or preliminary site development plan requirements B. Final Site Development Plan requirements 10.02.04 Submittal Requirements for Plats A. Preliminary plat requirements B. Final plat requirements 10.02.05 Submittal Requirements for Improvements Plans 10.02.06 Submittal Requirements for Permits A. Generally 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC 10.02.09 Submittal Requirements for Text Amendments to the the LDC 10.02.10 Submittal Requirements for Amendments to Development Orders 10.02.11 Submittal of Streetlight Plans 10.02.12 Building or Land Alteration Permits ^ -. ~~ ,-- 10.02.13 Planned Unit Development (PUD) Procedures 10.02.14 Landscape Plans 10.03.00 NOTICE REQUIREMENTS 10.03.01 Generally 10.03.02 Posting Signs Required 10.03.03 Mailed Notice Requirements 10.03.04 Published Notice Requirements 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE UDC, OR THE GMP 10.04.01 Determination of Completeness 10.04.02 Applications Subject to Type I Review 10.04.03 Applications Subject to Type II Review 10.04.04 Applications Subject to Type III Review 10.04.05 Procedures for Review and Approval of Type I Applications 10.04.06 Procedures for Review and Approval of Type II Applications 10.04.07 Procedures for Review and Approval of Type III Applications 10.04.08 Modifications to Pending Applications 10.04.09 Request for Continuance of Public Hearing 10.04.10 Withdrawal of Pending Applications 10.04.11 Public Hearings 10.04.12 Denial of Application 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS 10.05.01 Generally 10.05.02 Major Amendment 10.05.03 Minor Amendment 10.06.00 APPEALS 10.06.01 Applicability 10.06.02 Stay of Proceedings 10.06.03 Time for Applications 10.06.04 Final Action on Appeals 10.06.05 Judicial Review 10.07.00 ENFORCEMENT 10.07.01 Responsibility for Enforcement 10.07.02 Complaints and Investigations 10.07.03 Notification of Violation 10.08.00 CONDITIONAL USES PROCEDURES CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.01.00 GENERALL Y 10.01.01 Purpose and Intent [RESERVED] 10.01.02 DEVELOPMENT ORDERS Required [RESERVED] 10.01.03 Applicability and Exemptions [RESERVED] A. Generally B. Exemptions 10.01.04 Fees Required A. Fees and administrative surcharge for wellfield permits. 1. Fees. a. The board shall establish, by resolution, an application fee for certificates to operate and wellfield CONDITIONAL USE permits to cover the cost of the county's administration and implementation regulations and prohibitions of this section. b. It is the intent of this section that the cost of implementation be borne wholly by the regulated DEVELOPMENT. 2. Administrative surcharge. a. The board may, by resolution, impose a surcharge on: i. Revisions and modifications of certificates to operate and wellfield CONDITIONAL USE permits; and ii. Appeals from adverse administrative determination. b. The surcharge shall include a fee for the purpose of administering this section including, without limitations, professional staff time in processing and revising the application, petition or appeal and reasonable costs. It is the intent of this section that such costs are wholly borne by the regulated DEVELOPMENT. 3. Fee schedule. The fee schedule for applications for certificates of operate, petitions for wellfield CONDITIONAL USE permits, appeals from adverse administrative determinations, and revisions and modifications to any of the same, shall be posted in the office of the county manager, the department and shall be on file with the clerk to the board. Page 1 of 235 ...- ~- 10.02.00 APPLlCA nON REQUIREMENTS 10.02.01 Pre-application Conference Required A. SUBDIVISION review procedures 1. Preapplication conference. Prior to formal filing of a preliminary SUBDIVISION plat, an APPLICANT shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the APPLICANT and the County Manager or his designee to review informally a proposed DEVELOPMENT and determine the most efficient method of DEVELOPMENT review before substantial commitments of time and money are made in the preparation and submission of the preliminary SUBDIVISION plat, improvement plans, final SUBDIVISION plat, and related documents. a. Pre applica tion . A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary SUBDIVISION plat. The written application shall contain the following: i. Written statement. Ten copies, unless otherwise specified by the County Manager or his designee, of a written statement generally describing the condition of the property and the proposed DEVELOPMENT of the entire SUBDIVISION. This statement shall include but is not necessarily limited to data on existing covenants or restrictions, location of utility facilities and public facilities, general soil characteristics, and other information describing the SUBDIVISION proposed, such as number of PARCELS, LOTS, or tracts; typical LOT or other PARCEL configuration; water retention areas; public areas; anticipated utility sources; zoning classifications; and any other information needed for preparation and review of the preliminary SUBDIVISION plat. ii. Plan. Ten copies, unless otherwise specified by the County Manager or his designee, of a plan including the following: a location plan showing the location of the land to be subdivided; approximate acreage; natural features such as native habitat identified by vegetative cover and depicted in aerial imagery; low or swampy areas; water bodies, streams, lakes, Page 2 of 235 canals or the like; identification of ADJACENT lands; a brief description of the land to be subdivided; name, telephone number and address of owner and developer and its representatives; date; north point; STREET; general lOT and BLOCK layout; layout of all adjoining STREETS; zoning classification of the property proposed for SUBDIVISION and ADJACENT properties; location of existing improvements; and any other significant features. ii i. Aerial photograph with overlay. Current aerial photograph of not less than one to 200 scale, with clear film overlay with proposed SUBDIVISION configuration superimposed upon it. In the rural, less populated areas of the county, a minimum scale of one to 400 will be acceptable, upon request to the DEVELOPMENT service director, if the one to 200 scale is not readily available. b. Issues of discussion. Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: i. Proposed DEVELOPMENT. The APPLICANT should describe the general nature of the proposed DEVELOPMENT, including, if applicable, proposed land uses and their DENSITIES; proposed placement of BUilDINGS, STRUCTURES, and other improvements; character and location of COMMON OPEN SPACE or treatment of public uses; preservation of natural features; protection of environmentally sensitive areas; proposed off- STREET parking and internal traffic circulation; and total ground coverage of paved areas and STRUCTURES. ii. Review procedures. The County Manager or his designee shall identify procedural review requirements for the proposed DEVELOPMENT and applicable review requirements and standards in terms of this section that apply to the review of the proposed DEVELOPMENT. This should include identifying which decision-making body or bodies will review the application and the approximate length of the DEVELOPMENT review procedure. iii. Referral agencies. The County Manager or his designee will make a good faith effort to identify the federal, state and local agencies that may be required Page 3 of 235 ,-"~ to review the proposed DEVELOPMENT, and if possible identify for the APPLICANT the name and title of persons at these agencies to contact about review procedures, and generally describe the information which will be needed to satisfy the concerns of the relevant federal, state and local agencies. iv. Application contents. In conformance with the requirements of this section, the County Manager or his designee shall establish the contents of the preliminary SUBDIVISION plat required to be submitted for the proposed DEVELOPMENT. This shall include descriptions of the types of reports and drawings required, the general form which the preliminary SUBDIVISION plat shall take, and the information which shall be contained within the preliminary SUBDIVISION plat and supporting documentation. v. Application copies and fees. The County Manager or his designee shall identify the number of copies of the preliminary SUBDIVISION plat application that are required to be submitted for the proposed DEVELOPMENT, along with the amount of the fees needed to defray the cost of processing the application. c. Summary. At the conclusion of the preapplication conference, the APPLICANT shall be presented with a written summary or checklist of the meeting by the County Manager or his designee. 10.02.02 Submittal Requirements for All Applications A. ENVIRONMENTAL IMPACT STATEMENTS 1. PURPOSE. a. The purpose of this section is to provide a method to objectively evaluate the impact of a proposed DEVELOPMENT, site ALTERATION, or project upon the resources and ENVIRONMENTAL QUALITY of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and DEVELOPMENTS that will: i. Protect, conserve and enhance, but not degrade, the ENVIRONMENTAL QUALITY and resources of Page 4 of 235 the particular project or DEVELOPMENT site, the general area and the greater community. ii. Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and DEVELOPMENTS. iii. Reduce the necessity for expenditure of public funds in the future for rehabilitating the ENVIRONMENTAL QUALITY of areas of environmental sensitivity. b. Further, it is the purpose of this section to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. c. It is also the purpose of this section to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. 2. APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (EIS) REQUIRED. Without first obtaining approval of an EIS, or exemption pursuant to section 10.02.02 A.7., as required by this Code it shall be unlawful and no BUILDING permit, CONDITIONAL USE, zoning change, SUBDIVISION or CONDOMINIUM plat or unplatted SUBDIVISION approval or other county permit or approval of or for DEVELOPMENT or site ALTERATION shall be issued to cause the DEVELOPMENT of or site ALTERATION of: a. Any site with a ST or ACSC-ST overlay. b. All sites seaward of the coastal management boundary that are 2.5 or more acres. c. All sites landward of the coastal management boundary that are ten or more acres. d. Sites where a prior EIS was prepared and approved for the same area of land and where the following exist: I. Greater impacts to preserve areas or changes in location to preserve areas are proposed; ii. Greater impacts to jurisdictional WETLANDS or listed species habitats are proposed; iii. New listed species have been identified on site; or iv. A previous EIS is more than 5 years old. Page 5 of 235 ~."-_..._--, e. Any other DEVELOPMENT or site AL TERA TlON which in the opinion of the County Manager or his designee, would have substantial impact upon ENVIRONMENTAL QUALITY and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the County Manager or his designee shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. f. When required by section 3.04.01 of this Code, plant and animal species surveys shall be conducted regardless of whether an EIS or resubmitted EIS is required by this section. 3. SUBMISSION AND REVIEW OF EIS. A completed EIS, in written and digital format, shall be submitted to County Manager or his designee for approval, denial or approval with modifications. No DEVELOPMENT or site ALTERATION will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environ mental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. 4. INFORMATION REQUIRED FOR APPLICATION. a. APPLICANT INFORMATION. I. Responsible person who wrote the EIS and his/her education and job related environmental experience. II. Owner( s )/agent( s) name, address, phone number & e-mail address. b. MAPPING AND SUPPORT GRAPHICS. I. General location map. II. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the PARCEL qoundary. This does not mean the APPLICANT is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System Page 6 of 235 (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. iii. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. iv. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. v. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. vi. DEVELOPMENT PLAN including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. vii. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing DEVELOPMENT, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major FLOWWAYS and potential wildlife corridors. viii. For properties in the RLSA or RFMU DISTRICTS, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. c. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. i. Provide an overall description of the project with respect to environmental and water management issues. ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Page 7 of 235 -- Coastal Management Element of the Growth Management Plan, where applicable. d. NATIVE VEGETATION PRESERVATION. I. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). II. Explain how the project meets or exceeds the NATIVE VEGETATION preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 and 10 of the Land DEVELOPMENT Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. iii. For sites already cleared and in AGRICULTURAL USE, provide documentation that the PARCEL(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 and 10 of the Land DEVELOPMENT Code. For sites cleared prior to January 2003, provide documentation that the PARCEL(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land DEVELOPMENT Code. IV. Have preserves or acreage requirements for preservation previously been identified for the site during previous DEVELOPMENT ORDER approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. v. For properties with Special Treatment "ST" overlays, show the ST overlay on the DEVELOPMENT PLAN and provided an explanation as to why these areas are 'being impacted or preserved. e. WETLANDS. Page 8 of 235 i. Define the number of acres of Collier County jurisdictional WETLANDS (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. II. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. iii. Indicate the proposed percent of defined WETLANDS to be impacted and the effects of proposed impacts on the functions of these WETLANDS. Provide an exhibit showing the location of WETLANDS to be impacted and those to be preserved on-site. Describe how impacts to WETLANDS have been minimized. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU DISTRICT, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU DISTRICT, and where higher quality WETLANDS are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. f. SURFACE AND GROUND WATER MANAGEMENT. Page 9 of 235 -_.- -~_. I. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post DEVELOPMENT conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-DEVELOPMENT conditions. This analysis is required for projects impacting five (5) or more acres of WETLANDS. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. i i i. Identify any We/lfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. g. LISTED SPECIES. I. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on- site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. iii. Indicate how the project design minimizes impacts to species of special status. Page 10 of 235 IV. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. v. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. h. OTHER. i. For multi-slip DOCKING facilities with ten slips or more, and for all MARINA facilities, show how the project is consistent with the MARINA Siting and other criteria in the Manatee Protection Plan. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. iii. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the DEVELOPMENT standards and regulations established for the ACSC-ST. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. Page 11 of 235 -- --- 5. ADDITIONAL DATA. The County Manager or his designee may require additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. 6. RELATION BETWEEN EIS AND DEVELOPMENT OF REGIONAL IMPACT (DRI). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the EIS and DR!. 7. EXEMPTIONS. a. Single-family or DUPLEX uses. Single-family or DUPLEX use on a single LOT or PARCEL. Exemption shall not apply to any PARCEL with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.03.07 D. of this Code. b. AGRICULTURAL USES. AGRICULTURAL USES that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural USE or considered for any type of rezoning petition for a period of twenty-five years after the AGRICULTURAL USES commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. c. Non-sensitive Areas. Any area or PARCEL of land which is not, in the opinion of the County Manager or his designee, an AREA OF ENVIRONMENTAL SENSITIVITY, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: i. The subject property has already been AL TERED through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the ENVIRONMENTAL QUALITY of the site or the surrounding areas which might be affected by the proposed use. ii. The major flora and fauna features have been AL TERED or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial DEVELOPMENT where most of the flora and fauna were removed prior to the passage of this Code. iii. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise ALTERED or improved prior to the adoption of this Code, and will not be further Page 12 of 235 degraded as a result of the proposed use or DEVELOPMENT. iv. The use and/or DEVELOPMENT of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or DEVELOPMENT which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional OPEN SPACE, replace natural drainage for channeled drainage, and/or reduce DENSITY. v. The use or DEVELOPMENT will utilize existing BUILDINGS and STRUCTURES and will not require any major ALTERATION or modification of the existing land forms, drainage, or flora and fauna elements of the property. d. All lands lying within all incorporated municipalities in Collier County. e. All NBMO Receiving Lands. 8. FEES. In order to implement, maintain and enforce this Code, the cost upon submission of the ENVIRONMENTAL IMPACT STATEMENT shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 9. APPEALS. a. Any person aggrieved by the decision of the County Manager or his designee regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory board or their successor organization. b. The environmental advisory board will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. c. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the environmental advisory board will submit to the board of cou nty commissioners their facts, findings and recommendations. Page 13 of 235 ----"~ f. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the environmental advisory board B. SUBDIVISION Exemptions Before any property or DEVELOPMENT proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or his designee. After a determination of completeness, the County Manager or his designee shall approve, approve with conditions or disapprove the request for exemption based on the terms of the applicable exemptions. To the extent indicated, the following shall be exempt from the applicability of this section. 1. Active AGRICULTURAL USES. Agriculturally related DEVELOPMENT as identified in the permitted and ACCESSORY USES allowed in the rural agricultural district A and located within any area designated as agricultural on the future land use map of the Collier County growth management plan and the Collier County official zoning atlas, except SINGLE-FAMILY DWELLINGS and farm labor housing subject to sections 2.04.00 and 5.05.03, shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats and improvements plans; provided, however, nothing contained herein shall exempt such active AGRICUL TURAL USES from the requirements and procedures for final SUBDIVISION plats, and where required SUBDIVISION improvements are contemplated, the posting of SUBDIVISION performance security. 2. Minor SUBDIVISIONS for single-family detached and DUPLEX residential DEVELOPMENT. A minor SUBDIVISION, as defined in article 6, for single-family detached and DUPLEX residential DEVELOPMENT shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats; provided, however, nothing contained herein shall exempt such minor SUBDIVISION from the requirements and procedures for improvement plans and final SUBDIVISION plats, and where required SUBDIVISION improvements are contemplated, the posting of SUBDIVISION performance security. No BUILDING permits shall be issued prior to recordation of the final SUBDIVISION plat. 3. Minor SUBDIVISIONS for multifamily residential and nonresidential DEVELOPMENT. A minor SUBDIVISION, as defined in article 6, for multiple-family residential DEVELOPMENT and all nonresidential DEVELOPMENT shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats Page 14 of 235 and improvement plans; provided, however, nothing contained herein shall exempt such minor SUBDIVISION from the requirements and procedures for design requirements for ACCESS under the Collier County Construction Standards Manual, water management plans under the Collier County Construction Standards Manual, final SUBDIVISION plats under sections 10.02.04 and 10.02.05, and site DEVELOPMENT PLANS under section 10.02.03, and where required SUBDIVISION improvements are contemplated, the posting of SUBDIVISION performance security. No BUILDING permits shall be issued prior to recordation of the final SUBDIVISION plat. 4. Integrated phased DEVELOPMENTS. An integrated phased DEVELOPMENT, as defined in section 1.08.00 and which has been previously approved in accordance with section 10.02.04 A.5., shall be exempt from the requirements, standards and procedures for preliminary SUBDIVISION plats (sectio n 10.02.04) and improvement plans (section 10.02.05 E.); provided, however, nothing contained herein shall exempt such integrated phased DEVELOPMENT from the requirements and procedures for design requirements for ACCESS according to the Collier County Construction / Standards Manual, water management plans according to the Collier County Construction Standards Manual, final SUBDIVISION plats and SUBDIVISION performance security under sections 10.02.04 and 10.02.05, and major site DEVELOPMENT PLANS under section 10.02.03. No BUILDING permits shall be issued prior to recordation of the final SUBDIVISION plat. These provisions shall not require that the interior ACCESS within an integrated phased DEVELOPMENT be different from the conditions in section 10.02.03 applicable to site DEVELOPMENT PLANS. 5. Cemeteries. The division of land into cemetery LOTS or PARCELS shall be exempt from the requirements and procedures for preliminary SUBDIVISION plats and improvement plans; provided, however, nothing contained herein shall exempt such division of land into cemetery LOTS or PARCELS from the requirements and procedures for final SUBDIVISION plats and, where required SUBDIVISION improvements are contemplated, the posting of SUBDIVISION performance security; and provided, further, that such division of land into cemetery LOTS or PARCELS shall be subject to and comply with the requirements and procedures for site DEVELOPMENT PLANS under section 10.02.03, and shall obtain site DEVELOPMENT PLAN approval for the entire property proposed for such division 'of land into cemetery LOTS or PARCELS. Page 15 of 235 ,....-- 6. Eminent domain or operation of law. The division of land which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court, shall be exempt from this section; if and only if the County Manager or his designee and the county attorney are given timely written notice of any such pending action and given the opportunity to signify that the county be joined as a party in interest in such proceeding for the purpose of raising the issue of whether or not such action would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the SUBDIVISION regulations, prior to the entry of any court order; and, if and only if an appropriate pleading is not filed on behalf of the county within 20 days after receipt of such notice. However, if a pleading is filed on behalf of the county within 20 days after receipt of such notice, such division of land created by the court shall not be exempt from this section. 7. Oil, gas, and mineral rights. The division of land which creates an interest or interests in oil, gas, or minerals which are now or hereafter severed from the surface ownership of real property shall be exempt from this section. 8. LOT LINE adjustment/reconfiguration. An adjustment of a LOT LINE between contiguous LOTS or PARCELS which may be platted or unplatted and which are under separate ownership or the same ownership shall be exempt from this section if all of the following conditions are met in a written request to the engineering review director: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between ADJACENT PARCELS; b. Both landowners whose LOT LINES are being adjusted provide written consent to the LOT LINE adjustment; c. Instrument(s) evidencing the LOT LINE adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the LOT LINE adjustment will meet the standards of, and conforms to, the requirements of this code, including the dimensional requirements of the zoning district and the SUBDIVISION in which the LOTS are located. However, in cases of an existing NONCONFORMING LOT OF RECORD, the adjustment shall not increase the nonconformity of the LOT; and d. It is demonstrated that the LOT LINE adjustment will not affect the DEVELOPMENT rights or permitted DENSITY or intensity of use of the affected LOTS by providing the Page 16 of 235 opportunity to create a new LOT(s) for resale or DEVELOPMENT. 9. Prior SUBDIVISION. All division of land occurring prior to the effective date of this Code and conforming to the purposes of this section shall be exempt from this section; provided, however, that any property so divided which is resubdivided or further divided on or after January 10, 1989, shall not be exempt from this section. For agricultural/residential SUBDIVISIONS within the rural area of Collier County as defined herein, refer to section 10.02.02 B.; Also see "LOT OF RECORD" in section 1.08.00. 10. Rural area SUBDIVISION requirements. a. Deeds and other conveyances. All deeds and other conveyances for properties shall include in ten-point type the following statement: "NO GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." b. BUILDING permits for rural SUBDIVISIONS. BUILDING permits will not be issued until the final plat is recorded. c. ACCESS agreement. The owner of property applying for a BUILDING permit shall execute a release and waiver agreement which shall be executed and recorded at the APPLICANT'S expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or his designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's BUILDING permit application: i. Identification of the property by legal description and tax PARCEL folio number; ii. Description of the means of ACCESS to the subject property and the physical condition of that ACCESS; iii. A statement recognizing that the ACCESS rights are personal rights between the grantor and grantee and the county's approval of the use of the accessway in no way implies that the use is permitted; iv. A statement confirming that the maintenance and upkeep of such means of ACCESS shall be the Page 17 of 235 .._.....,... _...m.._ ...d..._..... -.-.--.- perpetual responsibility of the individual(s) or other entity holding rights to such means of ACCESS; v. A statement confirming that any DEVELOPMENT ORDER issued by Collier County proposing utilization of such means of ACCESS shall contain a specific disclaimer from Collier County relating to the county's obligation for the present or future maintenance or upkeep of such means of ACCESS; vi. A statement of release holding Collier County harmless in perpetuity for maintenance of such means of ACCESS; vii. Description of the extent and specifications for improvements to the means of ACCESS being proposed by the APPLICANT; viii. Description of the utilities, including, for example, water, sewer, telephone, electricity, which shall service the property as required by Collier County Ordinance [No.] 89-06 [Code ch. 22, art. VII], known as the Collier County Standard Housing Code, or its successor in function; ix. A statement of the APPLICANT'S intent to arrange for, have installed and pay for provision of such utilities as are required by law; x. A statement of release holding Collier County harmless in perpetuity for maintenance of such utilities; xi. An acknowledgment that the department of community affairs (DCA) may review and appeal any DEVELOPMENT ORDER issued by Collier County within the Big Cypress Area of Critical State Concern. Also, confirmation that the APPLICANT will execute, prior to issuance of any DEVELOPMENT ORDER by Collier County, a statement of understanding of the DCA review requirements in the form approved by the DCA; and xii. A statement that permits from all state and federal agencies have been obtained or applied for, including copies of said applications. The responsibility to determine if such permits are necessary is solely the responsibility of the APPLICANT. 11. Chokoloskee Island SUBDIVISION requirements. Page 18 of 235 a. Deeds and other conveyances. All deeds and other conveyances for properties hereafter on Chokoloskee Island shall include in bold-faced type the following statement: "NO GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED," Failure to include this information in a deed shall not affect the conveyance of property. b. BUILDING permits for Chokoloskee Island. Prior to the issuance of a BUILDING permit for any property on Chokoloskee Island, the owner of the property applying for the BUILDING permit must provide verification that he or she has an existing means of ACCESS to the property and the existing means of ACCESS to such property must be improved to the st,mdards established by this subsection. Said ACCESS may be: i. Dustless surface a minimum of 20 feet in width; ii. Asphalt paved road a minimum of 18 feet in width; or iii. Limerock surface a minimum of 20 feet in width. c. ACCESS agreement. The owner of property applying for a BUILDING permit shall execute a release and waiver agreement which shall be executed and recorded at the APPLICANT'S expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or his designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's BUILDING permit application: i. Identification of the property by legal description and tax PARCEL folio number; ii. Description of the means of ACCESS to the subject property and the physical condition of that ACCESS; iii. A statement recognizing that the ACCESS rights are personal rights between the grantor and grantee and the county's approval of the use of the accessway in no way implies that the use is permitted. iv. A statement confirming that the maintenance and upkeep of such means of ACCESS shall be the Page 19 of 235 --..-"',' "W~_._ ~ --- perpetual responsibility of the individua/(s) or other entity holding rights to such means of ACCESS; v. A statement confirming that any DEVELOPMENT ORDER issued by Collier County proposing utilization of such means of ACCESS shall contain a specific disclaimer from Collier County relating to the county's obligation for the present or future maintenance or upkeep of such means of ACCESS; vi. A statement of release holding Collier County harmless in perpetuity for maintenance of such means of ACCESS; vii. Description of the extent and specifications for improvements to the means of ACCESS being proposed by the APPLICANT; viii. Description of the utilities, including, for example, water, sewer, telephone, electricity, which shall service the property as required by Collier County Ordinance No. 89-06, known as the Collier County Standard Housing Code, or its successor in function; ix. A statement of the APPLICANT'S intent to arrange for, have installed and pay for provision of such utilities as are required by law; x. A statement of release holding Collier County harmless in perpetuity for maintenance of such utilities; xi. A statement that permits from all state and federal agencies have been obtained or applied for, including copies of said permits applications. The responsibility to determine if such permits are necessary is solely the responsibility of the APPLICANT. d. Golden Gate Estates LOT divisions. When a five acre PARCEL in Golden Gate Estates is subdivided into two LOTS, where one of the LOTS is not on the existing RIGHT- OF-WAY, the owner may create an ACCESS EASEMENT to and through the PARCEL which is not on the RIGHT -OF- WAY. The EASEMENT must be at least 20 feet in width, and extend at least 150 feet into the otherwise landlocked LOT. The EASEMENT shall provide for ACCESS to the LOT, and satisfy the FRONT AGE requirement. C. Soil erosion and sediment control plan required. For new and existing DEVELOPMENT and construction approved pursuant to the provisions of sections 10.02.03, 10.02.04 and 10.02.05, a Page 20 of 235 soil erosion and sediment control plan shall be prepared and submitted for approval with the required construction documents for each proposed project as prescribed by objective 5.4 and policies 5.4.1 through 5.4.4 of the conservation and coastal management element of the Collier County growth management plan. Each plan shall be prepared in accordance with the following standards: 1. The Florida DEVELOPMENT Manual: A Guide to Sound Land and Water Management, department of environmental regulation, State of Florida, June 1988, chapter 6: Stormwater and Erosion and Sediment Control Best Management Practices for Developing Areas, Guidelines for Using Erosion and Sediment Control Practices ES BMP 1.01--1.67, pp. 6-301 through 6-500. 2. Turbidity values surrounding discharge from projects shall not violate water quality criteria contained in 17-302.51 O(r) F.AC. 3. Any irrigation system utilized to implement an erosion control plan shall be designed and installed pursuant to: USDA SCS Field Office Technical Guide, section IV, codes 441, 442, 449 and all subsequent supplements thereto. D. Review by environmental advisory board. All preliminary SUBDIVISION plat and/or site DEVELOPMENT PLAN submissions for DEVELOPMENT or site AL TERATION on a SHORELINE and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the APPLICANT chooses not to utilize the optional preliminary SUBDIVISION plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. E. Restrictions on issuance of approved site plans and certificates of occupancy. 1. Prohibitions. a. No site plan or other DEVELOPMENT permit shall be issued or renewed and no certificate of occupancy issued by the Collier County BUILDING department for any regulated DEVELOPMENT which would allow DEVELOPMENT, construction or change of use in violation of the standards of this section. b. Site plans, other final DEVELOPMENT permits or certificates of occupancy issued in violation of the prohibition of this section are deemed to be invalid, and shall not confirm or vest any DEVELOPMENT right or property Page 21 of 235 -"" interest on the owner/operator or regulated DEVELOPMENT. F. Requests for Interpretations 1. Initiation. An interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 2. Procedures. a. Submission of request for interpretation. Requests for interpretation must be submitted to the County Manager or his designee or chief BUILDING official ("officials") in a form established by him. Each request must identify the specific land DEVELOPMENT code or BUILDING code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the board of county commissioners. Under no circumstances may the request for interpretation contain more than three issues or questions. It must not contain a single question with more than three sub-issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than three issues, the APPLICANT will be required to submit a separate request accompanied by the applicable fees. b. Determination of completeness. After receipt of a request for interpretation, the appropriate official must determine whether the request is complete. If the appropriate official determines that the request is not complete, he must serve a written notice on the APPLICANT specifying the deficiencies. The appropriate official will take no further action on the request for interpretation until the deficiencies are remedied. i. Notification of affected property owner. Where a site specific interpretation has been requested by a party other than the affected property owner, Collier County shall notify the property owner that an interpretation has been requested concerning their property. c. Rendering of interpretation. After the requ,est for interpretation has been determined complete, the County Manager or his designee or chief BUILDING official, whichever is applicable, shall review and evaluate the request in light of the growth management plan, the future land use map, the Code and/or the Page 22 of 235 official zoning atlas, and BUILDING code related matters, whichever is applicable, and render an interpretation. The County Manager or his designee and the chief BUILDING official may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release to the APPLICANT of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and sufficiency. Interpretations made pursuant to this section shall be rendered within 45 days of issuance of a determination of completeness made pursuant to section 10.02.02 F.2.b. above. 3. Form. The interpretation shall be in writing and shall be sent to the APPLICANT by certified mail return receipt requested. 4. Official record. The County Manager or his designee shall maintain an official record of all interpretations rendered by either the County Manager or his designee or chief BUILDING official, which shall be available for public inspection during normal business hours. a. Notice of interpretation. The County Manager or his designee shall provide public notification upon the issuance of an interpretation. For general interpretations of the BUILDING code, Growth Management Plan or Land DEVELOPMENT Code, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. For interpretations affecting a specific PARCEL of land, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation, and mail notice of the interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. b. Effective time limits of an interpretation. An interpretation rendered by the County Manager or his designee or the BUILDING official, as the case may be, shall remain in effect until the appropriate Code section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modified, or rejected as a result of an appeal to the board of zoning appeals and/or the BUILDING board of adjustments and appeals, by the APPLICANT or other individual or entity Page 23 of 235 ---._-. identified in section 10.02.02 F.1. above. From the time the interpretation is rendered and the time the appropriate Code section is amended, or in the case of an appeal, until such time as the board of zoning appeals and/or BUILDING board of adjustments and appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. 5. Appeal to board of zoning appeals or BUILDJNG board of adjustments and appeals. Within 30 days after receipt by the APPLICANT or affected property owner of a written interpretation sent by certified mail return receipt requested by the County Manager or his designee or chief BUILDING official, or within 30 days of publication of public notice of interpretation, the APPLICANT, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the BUILDING board of adjustments and appeals for matters relating to BUILDING and technical codes as shown in section 1.07.00 or to the board of zoning appeals for all other matters in this Code. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land DEVELOPMENT Code, or BUILDING Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the APPLICANT. The board of zoning appeals or the BUILDING board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or his designee or chief BUILDING official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the Code or the official zoning atlas, or BUILDING code related matters, whichever is applicable. The board of zoning appeals or the BUILDING board of adjustments and appeals, whichever is applicable, shall adopt the County Manager or his designee's or chief Page 24 of 235 BUILDING official's interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the BUILDING board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or his designee's or chief BUILDING official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the Code or the official zoning atlas, or BUILDING code, whichever is applicable. . 10.02.03 Submittal Requirements for Site DEVELOPMENT PLANS A Generally 1. Purpose. The intent of this section is to ensure compliance with the appropriate land DEVELOPMENT regulations prior to the issuance of a BUILDING permit. This section is further intended to ensure that the proposed DEVELOPMENT complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of BUILDINGS, architectural design and OPEN SPACES; the configuration of the traffic circulation system, including DRIVEWAYS, traffic calming devices, parking areas and emergency ACCESS; the availability and capacity of drainage and utility facilities; and, overall COMPATIBILITY with ADJACENT DEVELOPMENT within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All DEVELOPMENT, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: a. Single-family detached and two-family housing STRUCTURE(S) on a LOT(S) of record except as otherwise provided at section 4.02.02 (CLUSTER DEVELOPMENT). b. Underground construction; utilities, communications and similar underground construction type activities. c. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site ALTERATION permit is required by this Code. Page 25 of 235 d. Construction trailers and storage of equipment and materials following issuance of a BUILDING permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otherwise provided by section 5.04.04. f. Project entryway SIGNS, walls, gates and guardhouses. g. NEIGHBORHOOD PARKS, subject to th~ approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site DEVELOPMENT PLAN, and the applicable review fee shall apply. Minimum LANDSCAPE BUFFERING. Under certain circumstances with NEIGHBORHOOD PARKS, there may be underlying health, safety and welfare concerns that necessitate deviation from the BUFFERING required in section 4.06.02. The County Manager or his designee will determine, on a case-by-case basis, whether such deviation is necessary. This determination will be made upon a request for determination from the APPLICANT, which must include all reasons that would justify the deviation. The County Manager or his designee will use factors including, but not limited to, the following when making a determination for deviation: a. The geographic location of the NEIGHBORHOOD PARK; b. The effects that a lack of BUFFERING will have on neighboring uses; and c. The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. While the above land use activities shall be exempt from the provisions of section 10.02.03, these land use activities are subject to all other provisions of the Land DEVELOPMENT Code such as but not limited to landscaping (with the exception of g., as listed above), tree removal, DEVELOPMENT standards and the submission requirements attendant to obtaining temporary use and BUILDING permits. 3. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site DEVELOPMENT PLAN review standard contained in section 10.02.03 AA., standard Page 26 of 235 application requirements as described in section 10.02.03 A, may be waived in part or in full by the County Manager or his designee for agriculturally related DEVELOPMENT as identified in the permitted and ACCESSORY USES section of the rural agricultural zoning district; however, a site improvement plan as required by section 10.02.03 B. addressing the application requirements deemed necessary by the County Manager or his designee shall be submitted to the planning department for review and approval. a. SCHOOL BOARD REVIEW (ttSBR") application contents. The SBR application submittal will be in accordance with section 10.02.03 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of EDUCATIONAL F ACIUTIES and ANCILLARY PLANTS, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community DEVEL<)PMENT and Environmental Services BUILDING. b. The expedited site plan for SCHOOL BOARD REVIEW, as referenced in section 10.02.03 A.3.a. of the Land DEVELOPMENT Code, will consist of the following areas of review: i. Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this Ordinance, the following requirements must be met: (a) That portion of the water and/or WASTEWATER system that lies in the public RIGHTS-OF-WAY or in County utility EASEMENTS ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy. (b) All water and WASTEWATER systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (c) Chapters 3 and 10 of the code designed to protect local government water su pply wellfields from land uses that may pollute shall apply. Page 27 of 235 ""- '--"- _._.__..__...."_..~ -"'~-' .^ (d) Off-site improvements shall be in accordance with the current update of the Water and WASTEWATER Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or WASTEWATER facilities. (e) The School District shall be responsible for all materials and/or real property required for the water and/or WASTEWATER system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. (f) South Florida Water Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. ii. COMPA TIBILlTY REVIEW. The County will conduct a COMPATIBILITY REVIEW that will take into account the Arch itectu ral and Site Design Standards contained within Section 5.05.08 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of COMPATIBILITY with surrounding uses, complementary patterns of DEVELOPMENT and mitigation of negative impacts, limited to COMPATIBILITY issues, external SIDEWALKS and PATHWAY connections, lighting, dumpster location and screening and orientation of BUILDINGS and ancillary facilities. In addition, The Utility Billing and Customer Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this COMPATIBILITY REVIEW will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in this section 10.02.03 (A) (3) (c). of the code in the event that the County denies the Page 28 of 235 application based on non-compliance with the items listed in this paragraph. iii. Landscaping and BUFFERING. Chapter 4.06.00 of the code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the code allowing administrative deviations from the landscaping and BUFFERING standards for ESSENTIAL SERVICES such as Educational and ANCILLARY PLANTS. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this section can be effectively accomplished without meeting the specific DEVELOPMENT standards. The reasons for deviations are set forth in this Chapter 10 of the code, but the deviation shall be in the format required by Section 5.05.08 of the code. iv. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staff will determine the necessity for an ENVIRONMENTAL IMPACT STATEMENT ("EIS") to be submitted. (b) The final SFWMD Environmental Resource Permit and all other agency permits for WETLANDS must be submitted prior to a determination that the SBR application is sufficient for review. (c) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Page 29 of 235 '~-'~'. Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits. (d) A site clearing plan must be submitted that shows the NATIVE VEGETATION areas to be preserved and identifies the upland/WETLANDS preserve or protected species preserves. (e) The GMP requires schools to provide a set percentage for NATIVE VEGETATION preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of NATIVE VEGETATION preservation. (f) An EXOTIC VEGETATION Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All EXOTIC VEGETATION shall be removed from the site of an Educational and ANCILLARY PLANT prior to the issuance of a Certificate of Occupancy. (g) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. v. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all BUILDING information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. VI. Collier County Stormwater Management Policies as follows: Page 30 of 235 (a) A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in ord e r to determine the proposed DEVELOPMENT'S effect on County maintained DRAINAGE FACILITIES. (b) SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. (c) EASEMENTS for drainage improvements and ACCESS to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage EASEMENT area when necessitated by increased capacity to accommodate the proposed DEVELOPMENT. (d) If any dedications of EASEMENTS for drainage, maintenance, and/or ACCESS are required, all necessary documentation to record the EASEMENT(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such EASEMENTS shall be approved by the BCC and officially recorded. vii. Public EDUCATIONAL PLANTS and ANCILLARY PLANTS are deemed to be essential public services and as such are subject to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. viii. Minimum YARD SETBACK requirements shall be 50 feet from all property lines for PRINCIPAL STRUCTURES and 25 feet from all property lines for any ACCESSORY STRUCTURES including portable classrooms. ix. Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District ~nd the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency Page 31 of 235 of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: (a) The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the EDUCATIONAL PLANT or ANCILLARY PLANT. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the EDUCATIONAL PLANT or ANCILLARY PLANT. Off-site improvements include, but are not necessarily limited to, the widening of ADJACENT roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress( es) and egress( es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. (b) Turn Lanes. The School District will be responsible for turn lane improvements ADJACENT to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement( s) determined by Collier County Transportation Staff shall be in place priQr to issuance of the first permanent certificate of occupancy. When said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to Page 32 of 235 be necessary, RIGHT-OF-WAY and/or compensating RIGHT-OF-WAY shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. (c) SIDEWALKS. As part of the SBR process, the School Board and the County will develop a SIDEWALK plan which delineates the SIDEWALKS that are necessary in and around the project to establish the most direct connection to an existing network of SIDEWALKS. The School Board shall collect funds through school impact fees to provide for the DEVELOPMENT of these SIDEWALKS as delineated in the SIDEWALK plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such SIDEWALKS. (d) The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an EDUCATIONAL PLANT or ANCILLARY PLANT, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of the traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the Cou nty Transportation and Operations Department. Page 33 of 235 -.---- ---~ Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact. (e) All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. (f) All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. (g) The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FOOT, and as required by Chapter 316, Florida Statutes. (h) Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations. (i) I n the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion. c. SCHOOL BOARD REVIEW ("SBR'j process. The SBR for School Board projects shall be reviewed under the following expedited process: Page 34 of 235 i. The SBR application will be reviewed only as to the criteria set forth in section 10.02.03 A.3.a. II. The SBR application submittal must be In accordance with section 10.02.03 of the code, but only as to those submittal requirements which are consistent with the review criteria set out in section 10.02.03 A.3. iii. The parties will develop a checklist that defines the items to be su bmitted for a SBR review a ppl ication. iv. Prior to commencing construction or site preparation, the School District shall request a pre- application meeting with the County. The County will schedule a pre-application meeting with the School District withir: three (3) weeks of a request being submitted to LIle County. (a) The Cou nty will review the DEVELOPMENT proposal for compliance with the Letter of Consistency. (b) The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by the code or the interlocal agreement. v. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed EDUCATIONAL PLANT or ANCILLARY PLANT to the County for SBR approval. (a) The County will have ~4 days to determine whether the submittal is complete and sufficient. If the application package is not Page 35 of 235 sufficient for review, the County will request additional information from the School District. (b) Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and the School District. Once an affirmative decision has been. rendered, the School District may obtain BUILDING permits and commence construction. (c) Failure by the County to issue a Letter of Compliance within 90 days after determining the application package is sufficient for review shall be considered an approval. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal. vi. Letter of Compliance. After the expedited review and the County's determination of compliance with the terms of the Code and the interlocal agreement, the County Manager or his designee, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this section, the County Manager or his designee shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the County Manager or his designee as described in the Appeals process below. vii. The parties agree that the School District shall not request reviews and that County review is not requested or required for the following: (a) The placement of temporary or portable classroom facilities; or Page 36 of 235 (b) Proposed renovation or construction on existing school sites, with the exception of construction that: (i) changes the primary use of a facility; (ii) includes a stadium; (iii) results in a greater than five percent increase in K-12 student capacity; or (iv) encroaches upon the established SETBACKS as set forth in this Agreement. viii. Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to CONCURRENCY issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. ix. SBR and CONSISTENCY REVIEW Fees. The County will develop a review fee for the processing of the SBR and CONSISTENCY REVIEW applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. x. Appeals. In the event that the County denies the application based on non-compliance with relevant standards of the code and the interlocal, or in the event that the Superintendent's designee and the County Manager or his designee disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. Page 37 of 235 .-- ~--">' (a) The request for appeal shall be filed in writing with the County Manager or his designee and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. (b) The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the County Manager or his designee, the position of the School District and public testimony. If the BCC upholds the decision of the Cou nty Manager or his designee, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the County Manager or his designee, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. d. CONSISTENCY REVIEW The following process will be followed with respect to future EDUCATIONAL PLANT and ANCILLARY PLANT sites, prior to acquisition, for both the determination of consistency with the Collier County GMP LOCATIONAL CRITERIA and whether the Plant is a permitted use, CONDITIONAL USE, or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be reviewed during the aforementioned SBR process. i. The CONSISTENCY REVIEW will be conducted as follows: (a) Prior to the purchase of a site for an Educational or ANCILLARY PLANT, the school district will request a pre-application meeting with the County. (b) The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. Page 38 of 235 (c) The County will review the proposed site for consistency with the FLUE, GGAMP, lAMP, as well as the LDC and fundamental planning and design principles including COMPATIBILITY with surrounding uses, complimentary pattern of DEVELOPMENT, landscaping and BUFFERing concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the LOCATIONAL CRITERIA of the FLUE and whether the Plant is a permitted use, CONDITIONAL USE or prohibited use in the z ning district on the site. Consistency with 'I other Elements of the GMP will be deterr ined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site feasibility: (i) Land Use. A general location map showing surrounding DEVELOPMENT with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. (ii) Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation. (iii) Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. Page 39 of 235 (iv) Growth Management. Identification of any Area of Critical State Concern and DEVELOPMENT of Regional Impact. (v) Timing and Impact of DEVELOPMENT. Indication of whether the proposed site is. intended for inclusion in the School Board's capital plan projection and if so, identification of the year. (vi) Public Facilities and Transportation. The School Board will indicate the proposed existing LEVEL OF SERVICE Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and COLLECTOR ROADS, drainage and SOLID WASTE facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public utilities that will served the proposed site. (vii) The School Board will identify any FLOOD zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. (d) Within 45 days of the submission of the information outlined in Section 10.02.03 A3.d. i.(c) of this Code, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP LOCATIONAL CRITERIA and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be Page 40 of 235 determined during this locational CONSISTENCY REVIEW. (e) Letter of Consistency. After the County review, the County Manager or his designee, or his designee, shall issue a Letter of Consistency for the GMP LOCATIONAL CRITERIA and whether the Plant is a permitted use, CONDITIONAL USE or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013.33(11) Florida Statutes. (f) After the County has determined that the site is consistent with the GMP LOCATIONAL CRITERIA and LDC zoning districts, the School District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. (g) After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre- application process detailed In section 10.02.03 A3.c.iv.(6) of the code, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 4. Site DEVELOPMENT and site improvement plan standards. The County Manager or his designee shall review and consider all site improvement and site DEVELOPMENT PLANS in accordance with the following standards: a. Statements regarding ownership and control of the property and the DEVELOPMENT as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of COMMON OPEN SPACE, common facilities, co n se rvatio nip rese rvatio n areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county. Page 41 of 235 -- --- e_'_'_+'_".'__ b. DEVELOPMENT compliance with all appropriate zoning regulations and the growth management plan. The ingress and egress to the proposed DEVELOPMENT and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and ACCESS in the case of fire or catastrophe, or other emergency. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of ACCESS or location of ACCESS points in a PUD ordinance, does not authorize or vest ACCESS to the major road system. The location, design, capacity, or routing of traffic for any specific ACCESS point will be determined by, and must comply with, the regulations for site DEVELOPMENT in effect at the time of site DEVELOPMENT PLAN approval. c. The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed DEVELOPMENT, considering vehicular and pedestrian safety, traffic flow and control, ACCESS in case of fire or catastrophe, screening and landscaping. d. Adequacy of recreational facilities and OPEN SPACES considering the size, location, and DEVELOPMENT of these areas with regard to adequacy, effect on ADJACENT and nearby properties as well as uses within the proposed DEVELOPMENT, and the relationship to community-wide OPEN SPACES and recreation facilities. e. Adequacy of the proposed landscape screens and BUFFERS considering preservation of the DEVELOPMENT'S internal land uses as well as COMPATIBILITY with ADJACENT land uses. f. Water management master plan on the property, considering its effect on ADJACENT and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans. Water management areas not maintained shall be corrected according to approved plans within 30 days. The engineer of record, prior to final acceptance, shall provide docu mentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater Page 42 of 235 systems functions and indicating responsibility for maintenance of the system. g. Adequacy of utility service, considering hook-in location and availability and capacity for the uses projected. h. Signage proposed for the project in conformity with section 5.06.00, and a unified SIGN permit shall be applied for with the submittal packet for the site DEVELOPMENT or site improvement plan. i. Architectural design of the BUILDING for all commercial DEVELOPMENTS located in any commercial zoning district. j. Such other standards as may be imposed by this Code, the growth management plan or other applicable regulations for the particular use or activity proposed. 5. Conceptual site DEVELOPMENT PLAN review and approval. At the request of the APPLICANT and subject to the applicable fee set forth in the schedule of fees, planning services department will complete a conceptual review and issue a written summary of issues of concern and conceptual approval. This conceptual approval shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the requirements of the Code and may be approved subject to further review, changes and modifications. B. Final Site DEVELOPMENT PLAN procedure and requirements A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site DEVELOPMENT or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the APPLICANT 1. Site DEVELOPMENT PLAN submittal packet: The site DEVELOPMENT submittal packet shall include the following, if applicable: a. Ownership: A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject LOT or PARCEL of land. The APPLICANT shall also present a notarized letter of authorization from the property owner(s) designating the APPLICANT as the agent acting on behalf of the owner(s). b. Site DEVELOPMENT PLAN. A site DEVELOPMENT PLAN and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. Page 43 of 235 -.-.-. -.'-. ..._"._._"~ -_....~--- i. The following information shall be set forth on the coversheet: (a) The project title and the name, address and phone number of the firm or agent preparing the plans and the name, address and telephone number of the property owner. (b) Zoning designation of the subject property. In the event that the property is zoned PUD (Planned Unit DEVELOPMENT), the name of the PUD and the number of the ordinance approving the rezone to PUD. (c) Vicinity map clearly identifying the location of the DEVELOPMENT and its relationship to the surrounding community. (d) A legal description and the property appraiser's property identification number(s)/folio number(s) for the subject property or properties. ii. The following information shall be set forth on the site DEVELOPMENT PLAN and/or on a separate data sheet used exclusively for that purpose. (a) A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, OPEN SPACE, private STREETS and EASEMENTS. (b) A site summary in chart form which shall include the following information, with DEVELOPMENT and dimensional standards based on the provisions of the land DEVELOPMENT code and where applicable the PUD ordinance: (i) Total site acreage. (ii) Total square footage of IMPERVIOUS AREA (including all parking areas, drive-aisles, and internal STREETS) and its percentage of the total site area. (iii) Total square footage of landscape area/OPEN SPACE' and its percentage of the total site area. (iv) For residential projects, total number of units, units per acre, and a Page 44 of 235 unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. (v) For nonresidential projects, total BUILDING footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total BUILDING; for HOTELS and MOTELS, the minimum/maximum (as applicable) floor area, or proposed FLOOR AREA RATIO, required, and floor areas. (vi) All required and provided SETBACKS and separations between BUILDINGS and STRUCTURES in matrix form. (vii) Maximum zoned BUILDING height allowed and actual BUILDING height as defined in Section 1.08.00. (viii) Zoning and land use of the subject property and ADJACENT properties, including properties ABUTTING an ADJACENT RIGHT-OF-WAY or RIGHT-OF-WAY EASEMENT. (ix) North arrow, scale, and date. (c) A parking summary in matrix form which shall include: (i) Type of use. (ii) Total square footage broken down by use. (iii) Required parking ratio, number of standard spaces required by use, and number provided. (iv) Number of LOADING SPACES required and provided (if applicable). (v) Number of spaces provided by use. (d) The following information must be included in the SDP packet: (i) Information in the Standard BUILDING Code, type of construction, Page 45 of 235 --..-..---'" ~ -.-,,--. number of stories, total square footage under roof, occupancy/use and fire sprinkler intentions of all proposed STRUCTURES so that a needed fire flow may be determined. (ii) A fire hydrant flow test report from the applicable fire district for the closest hydrant(s) to the project so that the available fire flow may be determined. (e) Illustrative information accurately depicted shall be as follows unless waived at the pre- application meeting: (i) A boundary survey, prepared by a professional surveyor, showing the location and dimensions of all property lines, existing STREETS or roads, EASEMENTS, RIGHTS-OF-WAY, and areas dedicated to the public. This survey shall be accompanied either by an attorney's opinion title, or by a sworn statement from the property owner( s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the above information on the survey. (ii) Name, alignment and existing/proposed RIGHTS-OF-WAY of all STREETS which border the DEVELOPMENT (including raised islands, striping, right/left turn lanes, median cuts and nearby intersections), the location of all existing DRIVEWAYS or ACCESS points on the opposite sides of all STREETS which border the DEVELOPMENT, and the location of all traffic calming devices. (iii) Location and configuration of all DEVELOPMENT ingress and egress points. (iv) Location and arrangement of all proposed BUILDINGS (including existing BUILDINGS that are to remain). Page 46 of 235 (v) Location and configuration of all parking and loading areas. (vi) Name, alignment and existing/proposed RIGHT -OF -WAY of all internal STREETS and ALLEYS. (vii) Directional movement of internal vehicular traffic and its separation from pedestrian traffic. (viii) Location and configu ration of recreational facilities (including related BUILDINGS, golf course areas, tennis courts, pools, etc.). (ix) Location and general configuration of all water and drainage retention/detention areas as well as all existing and proposed EASEMENTS, and water and sewer lines intended to serve the DEVELOPMENT. (x) Location and general configuration of such natural featu res as preservation/conservation areas, water bodies, and WETLANDS. (xi) Location of emergency ACCESS lanes, fire hydrants and fire lanes. (xii) Location of all handicapped parking spaces. (xiii) Location of trash enclosures. (xiv) Location and heights of proposed walls or fences. (xv) Accurate dimensions which include the following: 1. All BUILDING SETBACKS. 2. Distance between BUILDINGS and ACCESSORY STRUCTURES. 3. Width of all internal STREETS. 4. All parking areas and drive-aisles. 5. Landscape areas ADJACENT to all vehicular drives, interior property lines and all parking areas. Page 47 of 235 -- ~----". (xvi) Traffic circulation, signing and marking plan, to include outside and inside radii for all turn movements using a common pivot point for both radii at each location. (xvii) Any additional relevant information as may be required by the County Manager or his designee. (xviii) Off-site ACCESS, roadway elevation, BUILDING and other physical features a minimum of 200 feet from the property unless otherwise determined necessary or feasible by the planning services or transportation planning director. (f) For projects subject to the provisions of Section 5.05.08, architectural drawings, signed and sealed by a licensed architect, registered in the state of Florida. (i) Scaled elevation for all sides of the BUILDING; (ii) Scaled wall section from top of roof to GRADE depicting typical elevation with details and materials noted, and rendered to show materials and color scheme with paint chips and roof color samples; (iii ) Site sections showing the relationship to ADJACENT STRUCTURES; and (iv) A unified SIGN plan as required Section 5.05.08. Representations made on the site DEVELOPMENT PLAN shall become conditions of approval. BUILDING plans and architectural drawings submitted in conjunction with an application for any BUILDING permits shall be consistent with the BUILDING plans and architectural drawings submitted and approved for the SDP or SIP. i ii. Digital requirements for site DEVELOPMENT PLANS. A site DEVELOPMENT PLAN shall also be Page 48 of 235 digitally created on one or more CDROM disks. All data shall be delivered in the North American Datum 1 983/1 990 (NAD83/90) State Plane coordinate system, Florida East Projection, in United States Survey Feet units; as established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All information shall meet Minimum Technical Standards as established in Chapter 61 G 17 of the Florida Administrative Code. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. RIGHT -OF- WAY - ROW, centerlines - CL, edge-of-pavement _ EOP, etc.) c. Landscaping plan. A landscape plan which shall contain the following: I. Landscape summary. A landscape summary in matrix form which shall include: (a) Graphic symbol to indicate each type of plant material. (b) Botanical name. (c) Common name. (d) Total number of each type of plant material. (e) Height and spread of each type of plant material. (f) Spacing of each type of plant material. ii. Illustrative information. Illustrative information consisting of the following shall be accurately depicted on the landscape plan: (a) The location, configu ration and arrangement of all proposed BUILDINGS, internal STREETS and parking areas as reflected on the site plan. (b) The location and dimensions of all proposed landscaped areas with appropriate graphic symbols including existing trees that are being cred ited toward the DEVELOPMENT'S landscaping requirements. (c) Location and configuration of all special or textured paving areas. Page 49 of 235 ->"-- .- (d) Provisions for site irrigation. (e) Any additional relevant information as may be required by the County Manager or his designee. d. Vegetation inventory: A generalized vegetation inventory of the property shall be required to the extent necessary, as determined at the pre-application meeting, indicating the approximate location, DENSITIES and species of th e following: i. Upland, wetland and estuarine vegetation including PROHIBITED EXOTIC VEGETATION, mapped using FLUCCS terminology. ii. Any type of vegetation identified for preservation. ii i. Projects containing the following shall provide a survey of identifying species and locations on a current aerial photograph at a scale of one inch equals 200 feet or larger or superimposed on the site plan: (a) Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable DEVELOPMENT ORDER. (b) Specimen trees designated by the board of county commissioners, pursuant to section 10.02.06 D.1.f.iii.(b). (c) State or federal rare, threatened or endangered plant species surveyed according to accepted Florida Game and Freshwater Fish Commission or U.S. Fish and Wildlife methods. (d) Existing trees that may be credited toward the DEVELOPMENT'S landscaping requ irements. IV. For proposed site AL TERATION(S) within the COAST AL ZONE as depicted on the future land use map, in addition to the foregoing requirements, the vegetation inventory shall depict the categories of impact in accordance with sections 3.03.03-3.03.04. e. Aerial photo. A recent aerial photo shall be provided at the same scale as the plan delineating the DEVELOPMENT boundaries, unless waived at the pre-application meeting. Page 50 of 235 f. DENSITY bonus. In the event a residential bonus is requested, as provided for in the growth management plan, a certified survey that clearly illustrates the location and relationship of the DEVELOPMENT to the appropriate activity center and the related activity band shall be required. g. BUILDING plans. Plans showing proposed BUILDING footprints, spatial relationship to one another when there are multiple BUILDINGS and BUILDING heights. h. Soil erosion and sediment control plan. A .soil erosion and sediment control plan pursuant to section 10.02.02 above. i. Infrastructure improvements plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards of Sections 10.02.04 and 10.02.05 and any current cou nty ordinances, regulations, policies and procedures which consist of, but are not limited to, the following items: i. A cover sheet setting forth the DEVELOPMENT name, APPLICANT name, name of engineering firm, and vicinity map. ii. Improvements for water and sewer service as needed or as may have been specified during a preliminary site DEVELOPMENT PLAN review prepared in conformance with Collier Cou nty Ordinance No. 88-76, as amended. iii. Improvements for roadway, motor vehicle and non-motorized circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the preliminary site DEVELOPMENT PLAN review, prepared in conformance with the Collier County Construction Standards Manual SUBDIVISION design requirements (for purposes of this requirement, all references in the Collier County Construction Standards Manual to "SUBDIVISION" should be read to mean DEVELOPMENT, where applicable and appropriate). iv. Non-motorized circulation is defined as movement by persons on foot, bicycle or other human-powered device. Non-motorized circulation depicting SIDEWALKS and bicycle facilities consistent with sections. 5.05.08 A5. Page 51 of 235 _,_._m --- .---- ....---".-. v. The absence of obstructions in the public RIGHT- OF-WAY shall be demonstrated, including provisions for safe and convenient STREET crossing. SIDEWALKS and bike paths at intersections shall continue to the edge of curb as depicted by Illustrations 1 and 2. TP 1f!!t7~4?F CUPS -.-J:~ ~ " , , -...... .. ".... .. -",.. -=- -1 rn t7ON'r Pi:? rll/~ ~!.1.1 '.". ~ ~ ...... m-' .J. . . .... . . ~f~' ~: t70 71/5 Illustration 1 VI. Two curb ramps shall be provided for SIDEWALKS and bike paths at each STREET corner of an intersection. Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio greater Page 52 of 235 than as outlined by the Florida accessibility code for BUILDING construction. CU"15 IZAHf'5 .-J :=U L ,11'11I1111I11 n-' =jI II 17"M'r I1t> ~ , L~ ::I - 1UL t7~ ""'II'~ illustration 2 Crosswalks shall be required at any intersection where the distance to the nearest crosswalk is greater than 1 ,000 feet. vii. Improvements for water management purposes as needed or as may have been specified during the preliminary site DEVELOPMENT PLAN review, prepared in conformance with section the Collier County Construction Standards Manual SUBDIVISION design requirements (for purposes of this requirement, all references in section the Collier County Construction Standards Manual to "SUBDIVISION" should be read to mean Page 53 of 235 -- DEVELOPMENT, where applicable and appropriate), and pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-41, Florida Administrative Code. viii. All necessary standard and special details associated with paragraphs (iii) - (vi) above. ix. Written technical specifications for all infrastructure improvements to be performed. x. Engineering design computations and reports for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. xi. Topographical map of the property which shall include the following: (a) Existing features, such as, watercourses, drainage ditches, lakes, marshes. (b) Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. (c) Benchmark locations and elevations (NGVD). xii. Site clearing plan and method of vegetation disposal. xiii. SIDEWALKS and BIKE LANES. For all projects required to be developed through the site DEVELOPMENT PLAN (SDP) process, the developer must construct SIDEWALKS and BIKE LANES where applicable, as described below. Applicability: For all districts, SIDEWALKS and BIKE LANES must be constructed contiguous to public and private roadways which are ADJACENT to and/or internal to the site, in conformance with the criteria described below: (a) SIDEWALKS, six feet in width must be provided on both sides of collector and ARTERIAL STREETS. (b) SIDEWALKS, five feet in width, must be provided on both sides of ,local STREETS. (c) BIKE LANES must be provided on both sides of collector and ARTERIAL STREETS. Page 54 of 235 (d) For multi-family site DEVELOPMENT and site improvement projects, districts RT, RMF-6, RMF-12, and RMF-16 and all multi-family residential components of PUD districts; SIDEWALKS, five feet in width, must be provided on both sides of local STREETS with a dedicated public RIGHT-OF-WAY or roadw~y EASEMENT. Where there is no public RIGHT-OF-WAY or roadway EASEMENT, SIDEWALKS must connect on-site residential BUILDING(s) to a SIDEWALK within a public roadway or, if no SIDEWALK exists, to the RIGHT-OF-WAY line in accordance with Code standards contained herein. Should a two- directional shared use path be utilized, the minimum paved width must be ten feet. (e) All SIDEWALKS and BIKE LANES along public and private roadways must be constructed in accordance with design specifications identified in the Collier County Construction Standards Manual and Section 5.05.08 of this Code. (f) DEVELOPMENTS providing interconnections to existing and future DEVELOPMENTS pursuant to the DENSITY rating system section of the Collier County growth management plan future land use element, must include sufficient RIGHT -OF- WAY to accommodate the roadway, SIDEWALKS, and BIKE LANES, where required. BIKE LANES and SIDEWALKS must be constructed concurrently with the roadway interconnection. (g) Where planned RIGHT-OF-WAY improvements by the county transportation division scheduled in the county's capital improvements program (CIP) would cause the removal of any SIDEWALKS or BIKE LANES, the developer, in lieu of construction of the required SIDEWALKS and BIKE LANES, must provide funds for the cost of SIDEWALK and BIKE LANE construction as defined by the schedule of DEVELOPMENT review and BUILDING permit fees and deposit the same into a PATHWAY fund, for future construction Page 55 of 235 -"..-.-. -- -~-.~ of required SIDEWALKS and BIKE LANES, by the county. The time frame for this funding option is two years from the date of issuance of the first BUILDING permit to the date that the road construction is required to be bid. xiv. Completion of site DEVELOPMENT PLANS. Upon completion of the infrastructure improvements associated with a site DEVELOPMENT PLAN, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together [with] all applicable items referenced in section 10.02.05 C.3. of this Code. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. xv. SIDEWALK parking. The distance from the back of the SIDEWALK to the garage door must be at least 23 feet to allow room to park a vehicle on the DRIVEWAY without parking over the SIDEWALK. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. j. Permits. All necessary permits and necessary applications requiring county approval and other permitting and construction related items, including but not limited to the following, shall be submitted and approved with the site DEVELOPMENT PLAN: i. Florida Department of Environmental Protection water and sewer facilities construction permit application. ii. Excavation permit application. iii. Florida Department of Transportation utilities construction application and/or RIGHTS.QF-WA Y construction permits. iv. Collier County RIGHT -OF-WAY permit, if required, prior to or at site DEVELOPMENT PLAN approval. v. Blasting permit prior to commencement of any blasting operation. vi. South Florida Water Management District permit, if required, or, Collier County general permit for water management prior to site DEVELOPMENT PLAN approval. Page 56 of 235 vii. Interim WASTEWATER and/or water treatment plant construction or interim septic system and/or private well permits prior to BUILDING permit approval. viii. Any additional state and federal permits which may be required prior to commencement of construction, addressing the impacts on jurisdictional WETLANDS and habitat involving protected species. ix. All other pertinent data, computations, plans, reports, and the like necessary for the proper design and construction of the DEVELOPMENT that may be submitted. x. All necessary performance securities required by Collier County ordinances in effect at the time of construction. 2. Site improvement plan review. Submittal of a site plan may be reviewed under the site improvement plan (SIP) review process if the DEVELOPMENT proposal meets all of the following conditions: a. The project involves a site which is currently improved with PRINCIPAL STRUCTURES, parking facilities, water and sewer services, and defined ingress/egress. b. The proposed use will not require an expansion of the existing IMPERVIOUS AREAS to [a] degree which would require engineering review or otherwise affect on-site surface water management facilities as may be documented by waiver letters from the South Florida Water Management District or Collier County where applicable. c. Written docu mentation from appropriate agencies acknowledging that water and sewer services are available at the site and are adequate to serve the proposed use. d. Site improvement plan submittal and review. A site improvement plan (SIP) shall be prepared on a 24-inch by 36-inch sheet drawn to scale and setting forth the following information: i. The project title, property owner, address and telephone number. ii. Legal description, scale, and north arrow. iii. Zoning designation of the subject site and ADJACENT sites and the proposed use of the subject site. Page 57 of 235 -.-----...-- ,m___ iv. Location, configuration and dimensions of all BUILDING and LOT improvements. v. Location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. vi. Location and dimension of ACCESS point(s) to the site. vii. Parking summary in matrix form, indicating the required and provided parking for each existing and proposed use. viii. Location and configuration of handicapped parking facilities and BUILDING accessibility features. ix. Location, dimension and configuration of existing water management facilities. x. Location of trash enclosures. xi. Location of existing and proposed landscaping with specifications as to size, quantity and type of vegetation. xii. All required and provided SETBACKS and separations between STRUCTURES in matrix form. xiii. Any additional relevant information as may be required by the County Manager or his designee. e. Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in section 10.02.05 C.3. of this Code. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. f. Performance securities for site DEVELOPMENT PLANS. In the case of multi-family the DEVELOPMENTS with individually owned units which are served by SUBDIVISION type improvements, i.e. DRIVEWAYS which function as ACCESS roads and drainage improvements, the developer shall be required to post a performance security in a form as outlined in section 10.02.04 B.3.e. of this Code. Calculations for the amount of the security shall be determined as outlined in this Chapter of this Code. The performance security shall be accepted by the county prior to the issuance of the first certificate of occupancy for the site DEVELOPMENT PLAN. Upon a satisfactory final inspection Page 58 of 235 of the improvements, which shall be no later than 24 months from approval of the site DEVELOPMENT PLAN, the performance security shall be returned to the developer. One year extensions may be granted by the engineering review director. 3. Amendments and insubstantial changes. Any proposed change or~mendment to a previously approved site DEVELOPMENT PLAN, shall be subject to review and approval by the County Manager or his designee. Upon submittal of a plan clearly illustrating the proposed change, the County Manager or his designee shall determine whether or not it constitutes a substantial change. In the event the County Manager or his designee determines the change is substantial, the APPLICANT shall be required to follow the review procedures set forth for a new site DEVELOPMENT PLAN. A substantial change, requiring a site DEVELOPMENT PLAN amendment, shall be defined as any change which substantially affects existing transportation circulation, parking or BUILDING arrangements, drainage, landscaping, BUFFERING, identified preservation/conservation areas and other site DEVELOPMENT PLAN considerations. The County Manager or his designee shall evaluate the proposed change in relation to the following criteria; for purposes of this section, the insubstantial change procedure shall be acceptable where the following conditions exist with respect to the propose change: a. There is no South Florida Water Management District permit, or letter of modification, needed for the work and there is no major impact on water management as determined by the engineering director. b. There is no new ACCESS proposed from any public STREET however minimal RIGHT-OF-WAY work may be permitted as determined by the transportation planning director. c. There is no addition to existing BUILDINGS (air- conditioned space) proposed however a maximum area of 300 square feet of non-air-conditioned space used for storage, or to house equipment, will be permitted. d. There is no proposed change in BUILDING footprint or relocation of any BUILDING on site beyond that needed to accommodate storage areas as described in number 3 above. Page 59 of 235 ~,.._-- e. The change does not result in an impact on, or reconfiguration of, preserve areas as determined by the environmental services director. f. The change does not result in a need for additional environmental data regarding protected species as determined by the environmental services director. g. The change does not include the addition of any ACCESSORY STRUCTURE that generates .additional traffic as determined by the transportation planning director, impacts water management as determined by the engineering director, or contains air-conditioned space. h. The change does not trigger the requirements of Section 5.05.08 as determined by the County Manager or his designee. i. There are no revisions to the existing landscape plan that would AL TER or impact the site DEVELOPMENT PLAN (as opposed to only the landscape plan) as determined by the landscape architect. 4. Site DEVELOPMENT PLAN time limits for review, approval and construction. a. Site DEVELOPMENT PLANS (SDPs), once accepted for review, will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the APPLICANT. If a response is not received within this time, the application for site DEVELOPMENT PLAN review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. b. Approved site DEVELOPMENT PLANS (SDPs) only remain valid and in force for two years from the date of their approval unless construction has commenced, as follows. If actual construction has not commenced within two years, measured by the date of the SDP approval letter, the site DEVELOPMENT PLAN approval term expires and the SOP is of no force or effect; however, one amendment to the SOP may be approved prior to the expiration date, which would allow the SDP, as amended, to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined as follows: Page 60 of 235 c. The construction of infrastructure improvements approved by an SDP shall be completed, and the engineer's completion certificate provided to the engineering services director, . within 18 months of the pre-co nstru ction conference, i.e., commencement of construction. A single, six-month extension to complete construction may be granted for good cause shown if a written request is submitted to, and. .approved by, the engineering services director priorto expiration of the then effective approval term. Thereafter, once the SDP approval term expires the SDP is of no force or effect. 5. Violations. No BUILDING permit or certificate of occupancy shall be issued except in compliance with the approved site DEVELOPMENT PLAN. Violation of the terms identified in the approved site DEVELOPMENT PLAN shall constitute a violation of this Code. 6. Electronic data requirements. After the final site DEVELOPMENT PLAN has been approved by the County Manager or his designee for compliance with this Code as provided in this section, the APPLICANT'S professional engineer shall also submit digitally created construction/site plan documents, one disk (CDROM) of the master plan file, including, where applicable, EASEMENTS, water/WASTEWATER facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (US FEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (Le. RIGHT-OF-WAY--ROW, centerlines--CL, edge-of-pavement--EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (PARCELS, LOTS, and requisite annotation) shall be drawn on a unique information layer, with all Iinework pertaining to the property feature located on that layer. Example: PARCELS--AII lines that form the PARCEL boundary will be located on one PARCEL layer. Annotations pertaining to property information shall be on a unique layer. Example: LOT dimensions-- Lottxt layer. 10.02.04 Submittal Requirements for Plats A Preliminary SUBDIVISION plat requirements Page 61 of 235 ---- 1. Procedures for preliminary SUBDIVISION plat. a. Optional. The preliminary SUBDIVISION plat process is not mandatory, but an option that may be exercised by the APPLICANT upon the effective date of this ordinance. All preliminary SUBDIVISION plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary SUBDIVISION plat. Also, nothing in this section will be construed to affect the mandatory nature of a final SUBDIVISION plat. b. Initiation. In order to initiate an application for a preliminary SUBDIVISION plat, the APPLICANT shall prepare and submit to the County Manager or his designee a preliminary SUBDIVISION plat which meets the requirements contained in this section. c. Review and determination of approval, approval with conditions, or denial by County Manager or his designee. After receipt of a completed preliminary SUBDIVISION plat, the County Manager or his designee shall review and evaluate the preliminary SUBDIVISION plat in conformance with the preliminary SUBDIVISION plat requirements established in this section. Based on the review and evaluation, the County Manager or his designee shall approve, approve with conditions, or deny the preliminary SUBDIVISION plat. The decision to approve with conditions, or deny the preliminary SUBDIVISION plat may be appealed to the board of county commissioners pursuant to the provisions of section 10.02.02 of this Code. If the County Manager or his designee should deny or place conditions on the preliminary SUBDIVISION plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners. 2. Preliminary SUBDIVISION plat submission requirements. The preliminary SUBDIVISION plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an APPLICANT chooses this option, the APPLICANT must follow all of the submission requirements. The mandatory nature of the final SUBDIVISION plat process is likewise not affected by the optional nature of the preliminary SUBDIVISION plat submission process. Page 62 of 235 A preliminary SUBDIVISION plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary SUBDIVISION plat unless otherwise specified by the County Manager or his designee. The preliminary SUBDIVISION plat shall be prepared by the APPLICANT'S engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary SUBDIVISION plat. The preliminary SUBDIVISION plat shall be coordinated with the major utility suppliers and public facility providers applicable to the DEVELOPMENT. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary SUBDIVISION plat shall include or provide, at a minimum, the following information and materials: a. A preliminary SUBDIVISION plat shall consist of a series of mapped informatun sheets on only standard size 24-inch by 36-inch sheets to include, but not be limited to, the following: i. Cover map sheet; ii. Boundary and topographic survey; iii. Preliminary SUBDIVISION plat with RIGHT -OF- WAY and LOT configurations; iv. Natural features and vegetative cover map; for proposed site AL TERA TION(S) within the COASTAL ZONE, vegetative cover map shall also comply with section 3.03.02 B.; v. Master utilities and water management (drainage) plans; vi. Aerial map; and vii. Standard RIGHT -OF-WAY cross-sections and appropriate design details. The above mapped information may be combined on one or more maps if determined appropriate by the County Manager or his designee. b. Name of SUBDIVISION or identifying title which shall not duplicate or closely approximate the. name of any other SUBDIVISION in the incorporated or unincorporated area of Collier County. Page 63 of 235 ~~~~- .,-- c. A vicinity plan showing the location of the tract in reference to other areas of the county. d. North arrow, graphic scale and date. e. Name, address and telephone number of the developer, along with the name and address of the registered engineer and registered surveyor responsible for the plat and supporting data. f. The location and names of ADJACENT SUBDIVISIONS, if any, and plat book and page reference. g. The tract boundary with bearings and distances along with written description and location relative to section corners. h. Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes, WETLANDS, possible archaeological sites and other significant features. i. All existing STREETS and ALLEYS of record on or ADJACENT to the tract including name, RIGHT-OF-WAY width, STREET or pavement width and established centerline elevation. Existing STREETS shall be dimensioned to the tract boundary. j. All existing property lines, EASEMENTS and RIGHTS-OF- WAY of record, their purpose, and their effect on the property to be subdivided. k. The location and width of all proposed STREETS, ALLEYS, RIGHTS-OF-WAY, EASEMENTS and their purpose along with the proposed layout of the LOTS and BLOCKS. Proposed STREET names shall be identified on all pu blic or private thorough-fares. Typical RIGHT -OF -WAY and pavement cross sections shall be graphically illustrated on the preliminary SUBDIVISION plat, showing the location of SIDEWALKS, bikepaths and utilities. If not previously determined during the rezoning process, it shall be determined whether the STREETS are to be public or private. I. The incorporation and compatible DEVELOPMENT of present and future STREETS as shown on the traffic circulation element of the Collier County growth management plan, when such present or future STREETS are affected by the proposed SUBDIVISION. m. ACCESS points to collector and ARTERIAL STREETS showing their compliance to the requirements established by Page 64 of 235 this section or a zoning action previously approved by the board of county commissioners. n. Ground elevations based on the NGVD. However, information pursuant to 10.02.04 A2.h. may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. o. All existing dralnage district facilities and their ultimate RIGHT -OF-WAY requirements as they affect the property to be subdivided. p. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. q. Zoning classification of the tract and all contiguous properties, and, if applicable, a reference to the planned unit DEVELOPMENT or zoning ordinance, by project name and ordinance number, shall be shown. r. Utilities such as telephone, power, water, sewer, gas, and the like, on or ADJACENT to the tract including existing or proposed water and sewage treatment plants. The preliminary SUBDIVISION plat shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. Evidence of such utility availability shall be provided in writing from each utility proposed to service the SUBDIVISION. s. Sites proposed for parks, recreational areas, and school sites or the like in accordance with any existing ordinances requiring such a dedication. 1. Typical LOT configurations shall be illustrated and the minimum area of the LOTS required by the approved zoning classification shall be referenced by note. Such illustrations shall show a typical DWELLING UNIT meeting required SETBACKS for a typical LOT. SETBACKS required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of DWELLING UNIT (e.g., single-family detached, single-family attached, ZERO LOT LINE) is planned, LOTS must be linked to the type, or types, of unit which they are intended to accommodate. LOT areas and LOT dimensions may be shown on a legend as opposed to notation on each LOT. u. An ENVIRONMENTAL IMPACT STATEMENT pursuant to section 10.02.02 of this Code, except that the APPLICANT may request an administrative waiver of this Page 65 of 235 -- ~~-~ provision where it is apparent that no environmental degradation will result from the DEVELOPMENT of the land or where a prior environmental impact assessment was prepared for the same area of land within five years from the date of submission of the preliminary SUBDIVISION plat. v. Locations of all WETLANDS, archaeological sites, endangered or threatened species, on the PARCEL. The following natural feature map shall be provided, as required, based on the nature of the property in question: i. A map of all wetland area locations as delineated by all agencies having jurisdiction over such WETLANDS. ii. A map of all archaeological site locations as delineated by a professional archaeologist, a regulatory agency or a state-recognized archaeological group. iii. A map of all locations of other natural features as required by [the] County Manager or his designee or any other regulatory agency having jurisdiction over such features. iv. A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or species of special concern. Such map shall be based upon delineation criteria of the appropriate governmental or regulatory agencies for such species. w. The location of BUFFERED areas required by section 4.06.01 shall be illustrated and dimensioned if appropriate at this time. x. A SUBDIVISION that generates 1,000 ADT (AVERAGE DAIL Y TRIPS) or 150 vehicles per hour, peak hour/peak season shall submit a traffic impact analysis. The traffic impact analysis shall be prepared by an engineer and shall be used to determine the number of lanes and capacity of the STREET system proposed or affected by the DEVELOPMENT, based on ultimate permitted DEVELOPMENT. y. A master water management plan outlining the existing and proposed surface watercourses and their principal tributary DRAINAGE FACILITIES needed for proper drainage, water management and DEVELOPMENT of the SUBDIVISION. The master water management plan for projects that are 40 acres or less shall consist of a plan and report with preliminary design calculations indicating the Page 66 of 235 method of drainage, existing water elevations, recurring high water elevations, the proposed design water elevations, drainage STRUCTURES, canals, ditches, delineated WETLANDS, and any other pertinent information pertaining to the control of storm and ground water. For projects that are greater than 40 acres, a South Florida Water Management District conceptual permit submittal or staff report with plan, or above equivalent, shall be required. The master water management plan and data submitted shall be consistent with the "content of application" submissions required by the South Florida Water Management District (see Rule 40E, F.AC., as amended). In cases where modifications or improvements are not planned for existing major watercourses and their principal tributary DRAINAGE FACILITIES, this requirement may be accomplished by so indicating on the preliminary SUBDIVISION plat. 3. Conditions. The County Manager or his designee has the authority to approve requests for substitutions to the design standards contained in the Collier County Construction Standards Manual provided those requests are based on generally accepted, sound and safe, professional engineering principles and practices. Requests for substitutions shall be made in writing and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitution requested. 4. Effect and limitation of approval of preliminary SUBDIVISION plat. a. Precondition for improvement plans and final SUBDIVISION plat. Only after approval of the preliminary SUBDIVISION plat shall the APPLICANT be entitled to submit to the county the improvement plans and final SUBDIVISION plat as required by this section. No improvement plans or final SUBDIVISION plat shall be accepted for review unless the preliminary SUBDIVISION plat has been approved and remains valid and in effect. b. No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the APPLICANT or owner of property which obtains approval of a preliminary SUBDIVISION plat, and the county shall not be estopped to sUbsequently deny approval of the improvement plans and final SUBDIVISION plat based on changes in federal, state or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affect the feasibility or deSirability of Page 67 of 235 -_._" the preliminary SUBDIVISION plat, nor shall the county be estopped to deny any rezoning in which a preliminary SUBDIVISION plat is submitted in support of such rezoning. c. Time limitations. Refer to the provisions of 10.02.05 A. d. Relationship to site DEVELOPMENT PLANS. Anything contained elsewhere in this Code to the contra ry notwithstanding, no major final or minor site DEVELOPMENT PLAN may be accepted for concurrent review with a preHminary SUBDIVISION. plat, however approval shall be withheld until the preliminary SUBDIVISION plat is approved except where no preliminary SUBDIVISION plat is required under a minor SUBDIVISION. Further, no final site DEVELOPMENT PLAN (whether minor or final) shall be approved prior to approval of the final plat by the board of commissioners, however, no BUILDING permit will be issued until the plat is recorded, except for DEVELOPMENT amenities such as club houses, swimming pools, guard houses and the like, upon approval of the plat by the board of county commissioners and pursuant to submission of a site DEVELOPMENT PLAN, or a temporary use permit as may be permitted by 5.04.04 of this Code. e. Relationship to zoning and planned unit DEVELOPMENTS. Anything contained elsewhere in this Code to the contrary notwithstanding, no preliminary SUBDIVISION plat shall be approved prior to final approval of the zoning or planned unit DEVELOPMENT for the proposed SUBDIVISION; provided, however, the zoning or planned unit DEVELOPMENT application and the preliminary SUBDIVISION plat may be processed concurrently at the written request of the APPLICANT to the County Manager or his designee. f. Approval of improvement plans and final SUBDIVISION plat required prior to DEVELOPMENT. Anything contained elsewhere in this Code to the contrary notwithstanding, no DEVELOPMENT shall be allowed pursuant to a preliminary SUBDIVISION plat prior to the approval of improvement plans and final SUBDIVISION plat submitted for the same or portion thereof. Authorization to commence any DEVELOPMENT prior to the completion of the provisions set forth herein in sections 10.02.05 E. and 10.02.04 B.3. shall be the subject of a preliminary work authorization as set forth herein. A preliminary work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county Page 68 of 235 attorney and shall be a legally binding agreement between the APPLICANT and the county. 5. Integrated phased DEVELOPMENTS. A preliminary SUBDIVISION plat application shall be submitted in accordance with this section for any integrated phased DEVELOPMENT, unless the integrated phased DEVELOPMENT is within an area which has been previously approved as part of a preliminary SUBDIVISION plat and the final SUBDIVISION plat thereof has been recorded. Any individual phase of an integrated phased DEVELOPMENT shall be reviewed in accordance with section 10.02.02 8.4. 6. Resubdivision. A preliminary SUBDIVISION plat (PSP) application shall be submitted in accordance with this section for the provision of required improvements for any resubdivision, unless the resubdivision is of a LOT, PARCEL, tract or a like unit of land which completely complies with all of the following criteria: a. The LOT, PARCEL, tract or a like unit of land was previously approved as part of a preliminary SUBDIVISION plat application granted in accordance with the provisions of this section for a principal property and is zoned for single- family use in accordance with the provisions of Chapter 2. b. The final SUBDIVISION plat and improvement plans for the principal property's primary SUBDIVISION required improvements, of which such property is a part thereof, have been reviewed and approved, the final plat recorded and preliminary acceptance granted for all required improvements in accordance with sections 10.01.04 and 10.02.05, 10.02.05 E., and 10.02.04 8. 3. c. No separate ENVIRONMENTAL IMPACT STATEMENT (EIS) or supplement, amendment or update pursuant to section 10.02.04 A.1.u. to an existing EIS for the property to be resubdivided shall be required. d. No endangered, threatened or listed species protection issues pursuant to the provisions of section 3.04.01 are present within the property which is the subject of the resubdivision. e. No additional substitutions from those granted for the principal property's PSP of the design standards contained in section 3.2.8.4 for the required improvements within the resubdivision pursuant to the provisions of section 10.02.04 A.3. are required. f. No portion(s) of the principal project's water management system are required to be constructed within the property subject to resubdivision. Page 69 of 235 .- -- .- g. No greater than 50 single-family LOTS are created by the resubdivision of the subject property. Resubdivisions which comply with the provisions of items (a) through (g) shall be exempt from the requirements, standards and procedures for preliminary SUBDIVISION plats (this section) but shall comply with all of the other provisions of section 10.02.04 and 10.02.05 concerning improvement plans, final SUBDIVISION plats and those SUBDIVISION review procedures contained in sections 10.02.05 A through.10.02.05 C. inclusive. 8. Final plat requirements 1. Protected/preserve area and EASEMENTS. A nonexclusive EASEMENT or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final SUBDIVISION plats or only on the final SUBDIVISION plat if the APPLICANT chooses not to submit the optional preliminary SUBDIVISION plat. Any buildable LOT or PARCEL subject to or ABUTTING a protected/preserve area required to be designated on the preliminary and final SUBDIVISION plats, or only on the final SUBDIVISION plat if the APPLICANT chooses not to submit the optional preliminary SUBDIVISION plat, shall have a minimum 25-foot SETBACK from the boundary of such protected/preserve area in which no principle STRUCTURE may be constructed. Further, the preliminary and final SUBDIVISION plats, or only on the final SUBDIVISION plat if the APPLICANT chooses not to submit the optional preliminary SUBDIVISION plat, shall require that no ALTERATION, including ACCESSORY STRUCTURES, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such SETBACK area without the prior written consent of the County Manager or his designee; provided, in no event shall these activities be permitted in such SETBACK area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve SETBACKS and BUFFERS are located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or simply identified by recorded conservation EASEMENT. The boundaries of all required EASEMENTS shall be dimensioned on the final SUBDIVISION plat. Required protected/preserve areas shall be identified as separate tracts or EASEMENTS having ACCESS to them from a platted RIGHT-OF-WAY. No individual residential or commercial LOT or PARCEL lines may project into Page 70 of 235 them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required EASEMENTS or tracts for protected/preserve areas shall be dedicated and also establish the permitted u~,es for said EASEMENT(s) and/or tracts on the final SUBDIVISION plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An APPLICANT who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary SUBDIVISION plat and final SUBDIVISION plats, or only on the final SUBDIVISION plat if the APPLICANT chooses not to submit the optional preliminary SUBDIVISION plat, may do so by grant or dedication without being bound by the provisions of this section. 2. Improvement plans. The improvement plans for required improvements which will be constructed within an existing EASEMENT must illustrate the existing EASEMENT and existing facilities, and the proposed EASEMENT and the proposed facilities. Copies of the improvement plans shall be provided by the APPLICANT to the holder of the EASEMENT(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing EASEMENT(s) of record. 3. General requirements for final SUBDIVISION plats a. Ten prints of the final SUBDIVISION plat shall be submitted along with the improvement plans. No final SUBDIVISION plat shall be approved unless the improvement plans shall have been reviewed and accepted by the County Manager or his designee. b. The final SUBDIVISION plat shall conform to the approved preliminary SUBDIVISION plat, if the APPLICANT chose to submit a preliminary SUBDIVISION plat, pursuant to section 10.02.05 A.5.. The final SUBDIVISION plat shall constitute only that portion of the ~pproved preliminary SUBDIVISION plat, if applicable, which the APPLICANT proposes to construct within a finite period not to exceed 18 months. The improvements required by this section which Page 71 of 235 apply to the final SUBDIVISION plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the DEVELOPMENT services administrator or his designee. The APPLICANT shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18- month construction period (unless a written extension request is approved by the County Manager or his designee prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a SUBDIVISION performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section c. below. c. At the time of submission of the final SUBDIVISION plat, the APPLICANT shall submit a statement indicating whether the required improvements are to be constructed prior to the recording of the final SUBDIVISION plat or after recording under SUBDIVISION performance security posted with the county as provided for in this section. When the required improvements are to be completed after recording under guarantees as provided in this section, the final SUBDIVISION plat upon submittal shall be accompanied by the following: d. An opinion of probable construction cost prepared by the APPLICANT'S professional engineer, or the actual contractor's bid, which includes the cost of all required improvements. e. SUBDIVISION performance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the APPLICANT'S professional engineer's opinion or contract bid price. Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no SUBDIVISION performance security shall be required. SUBDIVISION performance security shall be required of an independent special-purpose government such as a community DEVELOPMENT district (CDD). The SUBDIVISION performance security shall be in one of the following forms: Page 72 of 235 (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond. (4) Escrow agreement with the first mortgagee of the entire final SUBDIVISION plat. (5) Funds held by the bond trustee for a community DEVELOPMENT district which are designated for SUBDIVISION improvements. The CDD shall enter into a construction and maintenance agreement with the county in a form acceptable to the county attorney. The construction and maintenance agreement shall provide that (a) all permits required for the construction of the required SUBDIVISION improvements shall be obtained by the CDD prior to recording of the plat, (b) the project as defined in the CDD's bond documents must include the required SUBDIVISION improvements and cannot be amended or changed without the consent of the county, and (c) the developer shall be required to complete the required improvements should the COD fail to complete same. f. After the final SUBDIVISION plat has been approved by the County Manager or his designee for compliance with this Code as provided in this section, the APPLICANT shall resubmit five certified sets of the previously approved improvement plans along with approved copies of all required county, state and federal construction permits. The APPLICANT'S professional engineer shall also submit a digitally created construction/site plan documents, one disk (CDROM) of the master plan file, including, where applicable, EASEMENTS, water/WASTEWATER facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. RIGHT -OF-WAY--ROW, centerlines--CL, edge-of-pavement--EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (PARCELS, LOTS, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to Page 73 of 235 _._-- the property feature located on that layer. Example: PARCELS-All lines that form the PARCEL boundary will be located on one PARCEL layer. Annotations pertaining to property information shall be on a unique layer. Example: LOT dimensions--Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or his designee prior to commencing DEVELOPMENT within any phase of a project requiring such permits. g. Approval of. 'the final SUBDIVISION plat shall not constitute acceptance of the dedicated facilities or areas. Acceptance of any such dedicated facilities or areas and responsibility for their maintenance shall be by separate resolution of the board of county commissioners. h. All conveyance instruments shall be in a form approved by the county attorney prior to their submission to the board of commissioners for acceptance. If requested by the County Manager or his designee, the grantee shall provide, at no cost to the county, a title opinion, or certificate in a form promulgated by the Florida insurance commissioner, which is in conformance with the county's procedures for acquiring real property interests. No conveyance instrument shall be recorded prior to recordation of the final SUBDIVISION plat and formal acceptance of the conveyance by the board of commissioners. 4. Final SUBDIVISION plat submission requirements. The final plat shall be drawn on only standard size 24-inch by 36-inch sheets of mylar or other approved material in conformance with F.S. ch. 177. The final plat shall be prepared by a land surveyor currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than one inch equals 100 feet. The final plat shall be prepared in accordance with the provisions of F.S. ch. 177, as amended, and shall conform, at a minimum, to the following requirements: a. Name of SUBDIVISION. The plat shall have a title or name acceptable to the County Manager or his designee. When the plat is a new SUBDIVISION, the name of the SUBDIVISION shall not duplicate or be phonetically similar to the name of any existing SUBDIVISION. When the plat is an additional unit or section by the same developer or successor in title to a recorded SUBDIVISION, it shall carry the same name as the existing SUBDIVISION and as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. If the Page 74 of 235 name of the SUBDIVISION is not consistent with the name utilized for any zoning action for the subject property, a general note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action. b. Title. The plat shall have a title printed in bold legible letters on each sheet containing the name of the SUBDIVISION. The subtitle shall include the name of the county and state; the section, township. and range as applicable or if ina land grant, so stated; and if the plat is a replat, amendment or addition to an existing SUBDIVISION, it shall include the words "section," "unit," "replat, " "amendment," or the like. c. Description. There shall be lettered or printed upon the plat a full and detailed description of the land embraced in the plat. The description shall show the section, township and range in which the lands are situated or if a land grant, so stated, and shall be so complete that from it without reference to the map the starting point can be determined and the boundaries identified. d. Index. The plat shall contain a sheet index on page 1, showing the entire SUBDIVISION on the sheet indexing the area shown on each succeeding sheet and each sheet shall contain an index delineating that portion of the SUBDIVISION shown on that sheet in relation to the entire SUBDIVISION. When more than one sheet shall be used to accurately portray the lands subdivided, each sheet shall show the particular number of that sheet and the total number of sheets included as well as clearly labeled match lines to each sheet. e. Survey data. The final plat shall comply with F.S. ch. 177, and shall show the length of all arcs together with central angles, radii, chord bearing, chord length and points of curvature. Sufficient survey data shall be shown to positively describe the boundary of each LOT, BLOCK, RIGHT-OF- WAY, EASEMENT, required conservation or preserve area and all other like or similar areas shown on the plat or within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: i. The scale, both stated and graphically illustrated, on each graphic sheet. ii. A north arrow shall be drawn on each sheet that shows the geometric layout and the configuration of Page 75 of 235 -- -. the property to be platted. The north direction shall be at the top or left margin of the map where practicable. Hi. The points of beginning and the commencement shall be boldly shown for any metes and bounds description. iv. All intersecting STREET RIGHT -OF-WAY lines shall be joined by a curve with a minimum radius of 25 feet. v. All adjoining property shall be identified by a SUBDIVISION title, plat book and page or if unplatted, the land shall be so designated. vi. Permanent reference monuments shall be shown in the manner prescribed by F.S. ch. 177, as amended, and shall be installed prior to recording of the final plat. vii. There shall be reserved a space in the upper right hand corner of each sheet for the words "Plat Book " and "Page " with the minimum letter size of one-fourth inch. On the line directly below, a space for "Sheet of " viii. The map shall mathematically close and when practical shall be tied to all section, township and range lines occurring within the SUBDIVISION by distance and bearing where applicable. ix. The cover sheet or first page of the plat shall show a location plan, showing the SUBDIVISION'S location in reference to other areas of the county. x. The minimum size for any letter or numeral shall be one-tenth inch. xi. All line and curve tables are to be shown on the same sheet as the graphic drawing they relate to. When possible, dimensions shall be shown directly on the map. xii. All final plats presented for approval shall clearly indicate the finished elevation above NGVD of the roads, the average finished elevation above NGVD of the LOTS or homesites, and the minimum BASE FLOOD ELEVATION above NGVD as required. f. LOT and BLOCK identification. Each LOT, BLOCK, or other like or similar PARCEL, however described, shall be numbered or lettered. All LOTS shall be numbered or lettered by progressive numbers or letters individually Page 76 of 235 throughout the SUBDIVISION or progressively numbered or lettered in each BLOCK, not necessarily starting with the number "1" or letter "A." PARCELS and BLOCKS in each incremental plat shall be numbered or lettered consecutively throughout a SUBDIVISION. All PARCELS which constitute a protected/preserve area shall be labeled as an EASEMENT or tract. All protected/preserve area EASEMENTS or ,tracts shall be dedicated on the final SUBDIVISION plat to Collier County without the responsibility for maintenance and to a property owners' association or similar entity with maintenance responsibilities pursuant to section the Collier County Construction Standards Manual. g. STREET names. The plat shall contain the name of each STREET shown on the plat in conformance with the design requirements of this section. h. OUTPARCELS. All interior excepted PARCELS shall be clearly indicated and labeled "Not a Part of this Plat." i. RIGHTS-OF-WA Y and EASEMENTS. All RIGHT -OF- WAY and EASEMENT widths and dimensions shall be shown on the plat. All LOTS must have FRONTAGE on a public or private RIGHT -OF-WAY in conformance with the design requirements of this section. j. Restrictions, reservations and restrictive covenants. Restrictions pertaining to the type and use of water supply, type and use of sanitary facilities; use, responsibility of maintenance and benefits of water or water management areas, canals, preserve and conservation areas, and other OPEN SPACES; odd-shaped and substandard PARCELS; restrictions controlling BUILDING lines; establishment and maintenance of BUFFER strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and the existence of such covenants shall be noted on the plat by reference to official record book and page numbers in the public records of Collier County. Documents pertaining to restrictive covenants shall be submitted with the final plat. k. Private STREETS and related facilities. All STREETS and their related facilities designed to serve more than one property owner shall be dedicated to the public use; however private STREETS shall be permitted within property under single ownership or control of a property owners' association a CONDOMINIUM or cooperative association or other like or similar entity. Where private STREETS are permitted, Page 77 of 235 ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without responsibility to the county or any other public agency. The RIGHTS-OF-WAY and related facilities shall be identified as tracts for roads and other purposes under specific ownership. All private STREETS shall be constructed in the same manner as public STREETS and the submission of improvement plans with required information shall apply equally to private STREETS pursuant to the Collier County Construction Standards Manual. I. Certification and approvals. The plat shall contain, except as otherwise allowed below, on the first page (unless otherwise approved by the engineering services director and office of the county attorney prior to submittal) the following certifications and approvals, acknowledged if required by law, all being in substantially the form set forth in appendix C to this Code. The geometric layout and configuration of the property to be platted shall not be shown on the page(s) containing the certifications, approvals and other textual data associated with the plat when practical. i. Dedications. The purpose of all dedicated or reserved areas shown on the plat shall be defined in the dedication on the plat. All areas dedicated for use by the residents of the SUBDIVISION shall be so designated and all areas dedicated for public use, such as parks, RIGHTS-OF-WAY, EASEMENTS for drainage and conservation purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. Such dedication and the responsibility for their maintenance shall require a separate acceptance by resolution of the board of county commissioners. No dedications items shall be included in the general note for the plat. ii. Mortgagee's consent and approval. Identification of all mortgages and appropriate recording information together with all mortgagees' consents and approvals of the dedication shall be required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as deeds are required to be witnessed and acknowledged. In Page 78 of 235 case the mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president, vice-president or chief executive officer. At the APPLICANT'S option, mortgagee's consents do not have to be included on the p'lat to be recorded, so long as they are provided as fully executed and acknowledged separate instruments along with the plat submittal. Hi. Certification of surveyor. The plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat was prepared under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, part I, as amended. The certification shall also state that permanent reference monuments, "P.R.M.," have been set in compliance with F.S. ch. 177, part I, as amended, and this section, and that P.C.P.s and LOT corners will be set under the direction and supervision of the surveyor prior to final acceptance of required improvements. Upon installation of the P.C.P.s, the surveyor must submit to the County Manager or his designee written certification that the installation work has been properly completed. When required improvements have been completed prior to the recording of a plat, the certification shall state the P.C.P.s and LOT corners have been set in compliance with the laws of the State of Florida and ordinances of Collier County. When plats are recorded and improvements are to be accomplished under performance security posted as provided for by this section, the required improvements and performance guarantee shall include P.C.P.s iv. Signature block for board of county commissioners and clerk of circuit court. The plat shall contain the approval and signature block for the board of county commissioners and the acknowledgement and signature block of the clerk of circuit court. v. Signature block for county attorney. The plat shall contain the approval and signature block for the county attorney. vi. Evidence of title. A title certification or opinion of title complying with 9 177.041, F.S., must be submitted with the plat. The evidence of title provided must state or describe: (1) that the lands as described Page 79 of 235 ..~--"- _._~. ...,,-- -,,_. and shown on the plat are in the name, and record title is held by the person, persons or organization executing the dedication, (2) that all taxes due and payable at the time of final plat recording have been paid on said lands, (3) all mortgages on the land and indicate the official record book and page number of each mortgage. The evidence of title may, at the APPLICANT'S discretion, be included on the first page of the plat, so long as the information required by section 17,7.041, F.S., and this paragraph is clearly stated, an effective date is provided, and the statement is properly signed. vii. Instrument prepared by. The name, STREET and mailing address of the natural person who prepared the plat shall be shown on each sheet. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name), (address)." m. Location. The name of the section, township, range, and if applicable city, town, village, county and state in which the land being platted is situated shall appear under the name of the plat on each sheet. If the SUBDIVISION platted is a resubdivision of a part or the whole of a previously recorded SUBDIVISION, the fact of its being a resubdivision shall be stated as a subtitle following the name of the SUBDIVISION wherever it appears on the plat. n. Surveyor's seal. The surveyor of record shall SIGN and seal copies of the plat submitted for approval. o. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True North," "Grid North" as established by the NOS, "Assumed North," etc., and must be based on a well-defined line. p. Existing or recorded STREETS. The plat shall show the name, location and width of all existing or recorded STREETS intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances. 10.02.05 Submittal Requirements for Improvements Plans A. Procedures for improvement plans and final SUBDIVISION plat. 1. Initiation. Within two years after the date of written approval or approval with conditions of the preliminary SUBDIVISION plat, the Page 80 of 235 APPLICANT shall prepare and submit to the County Manager or his designee the improvement plans and final SUBDIVISION plat for at least the first phase of the proposed SUBDIVISION. Each subsequent phase shall be submitted within two years after the date of written approval of the final SUBDIVISION plat for the immediately preceding phase of the proposed SUBDIVISION. Two two-year extensions to submit the improvement plans and final SUBDIVISION plat shall be granted for good cause shown upon written application submi'tted to the County Manager or his designee prior to expiration of the preceding approval. When extending the preliminary SUBDIVISION plat approval, the County Manager or his designee shall require the approval to be modified to bring the project into compliance with any new provisions of section 10.02.04 and 10.02.05 of this Code in effect at the time of the extension request. 2. Review, determination and recommendation by County Manager or his designee. After receipt of completed improvement plans and final SUBDIVISION plat, the County Manager or his designee shall review and evaluate the improvement plans in light of section 10.02.05 E., including the general requirements established in section 10.02.05 E.1., the improvement plans submission requirements established in section 10.02.05 8.2., the required improvements established in section 10.02.05 E.3., and the design requirements established in section 10.02.05 EA., and shall review and evaluate the final SUBDIVISION plat in light of the final SUBDIVISION plat requirements established in section 10.02.04 B.3. Based on the review and evaluation, the County Manager or his designee shall approve, approve with conditions, or deny the improvement plans. If the improvement plans are denied, then the final SUBDIVISION plat shall not be submitted to the board of county commissioners unless and until the improvement plans have been approved or approved with conditions by the County Manager or his designee. If the improvement plans are approved or approved with conditions, the County Manager or his designee shall recommend that the board of county commissioners consent to, consent with conditions or deny the final SUBDIVISION plat. The determinations regarding the improvement plans and the recommendation regarding the final SUBDIVISION plat shall be in writing. If the County Manager or his designee denies or places conditions on the improvement plans or recommends denial or conditions on the final SUBDIVISION plat, he shall state reasons for such denial or conditions, or recommendation of denial or conditions and shall cite the applicable code or regulatory basis for the conditions of denial. 3. Consent to final SUBDIVISION plat by board of county commissioners. Within 30 days after approval or approval with Page 81 of 235 conditions of the improvement plans, the County Manager or his designee shall submit his recommendation to the board of county commissioners to consent to, consent to with conditions, or deny the final SUBDIVISION plat. After receipt by the board of county commissioners of the County Manager or his designee's recommendation, the board of county commissioners shall place the final SUBDIVISION plat on the consent agenda for its next available regularly scheduled meeting. If all members of the board of county commissioners consent to the recommendation of the County Manager or his designee, then the recommendation of the County Manager or his designee on the final SUBDIVISION plat shall remain on the consent agenda and the final SUBDIVISION plat shall be approved therewith. If any member of the board of county commissioners objects to the recommendation of the County Manager or his designee or otherwise requests discussion on the recommendation, then the recommendation shall be taken off the consent agenda and may be discussed or scheduled for a subsequent hearing date. After due notice of the hearing to the APPLICANT, the board of county commissioners shall hold a hearing on the final SUBDIVISION plat. At the hearing, the board of county commissioners shall consider the County Manager or his designee's recommendation and shall take evidence and testimony in regard to the final SUBDIVISION plat requirements set forth in section 10.02.04 B.3. The board of county commissioners shall approve, approve with conditions, or deny the final SUBDIVISION plat. If the board of county commissioners denies or places conditions on the final SUBDIVISION plat, it shall state reasons for such denial or conditions. 4. Recordation of final SUBDIVISION plat. a. General. No BUILDING permits for habitable STRUCTURES shall be issued prior to approval by the board of county commissioners and recordation of the final SUBDIVISION plat. b. Posting of SUBDIVISION performance security. Approval of the final SUBDIVISION plat shall not entitle the final SUBDIVISION plat to be recorded unless the required improvements have been completed by or for the APPLICANT and accepted by the county, or the required SUBDIVISION performance security for the construction of the required improvements, both on-site and off-site, has been posted by the APPLICANT, in a format approved by the county attorney, and approved and accepted by the board of county commissioners or the County Manager or his designee, or his designee, on behalf of the board. Once the form of a SUBDIVISION performance security has been Page 82 of 235 approved and accepted alternate securities, in a format approved by the county attorney, may be approved by the community DEVELOPMENT and environmental administrator, or his designee, on behalf of the board. c. Recordation procedure. After approval of the final SUBDIVISION plat by the board of county commissioners, but prior to the County Manager or his designee's recording of the final SUBDIVISION plat with the clerk of the circuit court, all of the following shall occur: i. The APPLICANT shall obtain all of the signatures on the original plat cover sheet(s) that are associated with the APPLICANT'S obligations or that are otherwise required (together with any separate opinion of title or title certification, and any separate mortgagee's consen.t( s)). ii. The APPLICANT shall submit the original final SUBDIVISION plat, and any separate consents, or opinions or certifications of title, to the County Manager or his designee after obtaining the signatures required above. The County Manager or his designee shall obtain all county related signatures required on the final SUBDIVISION plat. iii. Simultaneously with the submission of the fully executed final SUBDIVISION plat to the County Manager or his designee, the APPLICANT shall also submit in accordance. with F.S. 9 177.041, at no expense to the county, either a title opinion from a licensed attorney authorized to practice in the State of Florida complying with the standards for such opinions as they may be promulgated from time to time, or a title certification, as well as any required documents supporting such title information, and any such related documents as may be required by the office of the county attorney. The effective date of the title information must be no more than 30 days prior to the submission of the final SUBDIVISION plat to the County Manager or his designee and must contain all of the following: (a) A legal description of at least the lands being platted; (b) A statement that the attorney is licensed to practice in the State of Florida and that the Page 83 of 235 ...---..- "-_. attorney has examined title to the subject real property, if a title opinion is being provided; (c) Identification of the exact name of any person who is the record owner of the subject real property and a specific citation to the official records book and page, where each record legal owner obtained title to the subject real property. The title information shall have attached thereto a copy of saidinstrument(s) of conveyance; and (d) Identification of liens, encu mbrances, EASEMENTS, or matters shown or that should be shown as exclusions to coverage on a title insurance policy. As may be applicable, the title information shall include in a neatly bound fashion, and make citation to the recording information of, all referenced liens, encumbrances, EASEMENTS, or exclusions. The title information shall have attached thereto a copy of any such instruments. iv. Payment of recording and copy fees. The recording and copy fees specified in this section must be verified as correct and paid by the APPLICANT. Upon verification and payment, the County Manager or his designee shall record the final SUBDIVISION plat with the clerk of the circuit court in the official records of Collier County, Florida, and then proceed to produce three copies and one mylar of the recorded final SUBDIVISION plat and accompanying documents which are required for the clerk of the circuit court. v. Recording of other documents. If any dedications, grants, conveyances, EASEMENTS, consents (including mortgagee consents ), reservations, covenants, or other like instruments are to be recorded simultaneously with the final SUBDIVISION plat, appropriate fees and original documentation must be provided to the County Manager or his designee for processing and recording by the clerk of court prior to, or simultaneously with, the recording of the final SUBDIVISION plat. vi. Additional copies. If the' APPLICANT or its professional surveyor or engineer of record wishes to obtain additional copies or mylars of the recorded Page 84 of 235 document(s) at the time of recording, arrangements shall be made through the engineering services director and coordinated with the transportation services division prior to recording and payment of fees. vii. Completion of improvements. The reqL'dred improvements shall be completed prior to recordation of the final SUBDIVISION plat unless the APPLICANT shall file with the county a SUBDIVISION performance security in a manne rand form prescribed in this section to assure the installation of the required improvements. viii. Supporting "gap" title information. Within 60 days of recordation of the final SUBDIVISION plat in the official records of Collier County, Florida, the APPLICANT, at no expense to the county, shall submit to the County Manager or his designee final supporting "gap" title information in order to induce the Collier County board of county commissioners to conduct final acceptance of the SUBDIVISION improvements as required by this section. The final supporting title information must meet all of the requirements of 3.c., above, except as to effective date. Receipt and approval of the "gap" title information is a condition precedent to acceptance of SUBDIVISION improvements. The effective date of the supporting "gap" title information must be through the date of recordation of the final SUBDIVISION plat and must, at a minimum, cover the "gap" between the time the effective date of the information required by 3.c., above when submitted and the date and time of recording of the final plat, and additionally such title information must identify and provide copies of any recorded documentation of the holders of any estates, liens, encumbrances or EASEMENTS not properly included or joined in the dedication or consents on the final SUBDIVISION plat. The supporting "gap" title information must have attached thereto a copy of any required instruments not previously provided in connection with submittals for the final plat's recording. ix. After approval for recording by the board, but prior to recordation of the final SUBDIVISION plat, the Page 85 of 235 ----,.- ~~-_.."_.. - . - .._~,,~.,-~--... DEVELOPMENT services administrator may approve of minor or insubstantial changes to the final plat. 5. Relationship and amendments to preliminary SUBDIVISION plat. The improvement plans and final SUBDIVISION plat shall be consistent with the preliminary SUBDIVISION plat, if the APPLICANT chose to submit a preliminary SUBDIVISION plat. Any amendment to the approved preliminary SUBDIVISION plat desired by the APPLICANT shall be reviewed and determined to be acceptable by the County Manager or his designee prior to the processing of the improvement plans and final SUBDIVISION plat. The County Manager or his designee shall have the authority to approve amendments to the approved preliminary SUBDIVISION plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary SUBDIVISION plat and shall provide clear and convincing docu mentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. 6. Model sales centers, model homes, review and determination. As provided for within section 5.04.04, Temporary use permits. B. Construction of required improvements. 1. Construction specifications. Construction specifications shall be those prescribed in the design requirements of this section, those prescribed by the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, where applicable as approved by the County Manager or his designee, and those contained in the approved technical specifications prepared by the APPLICANT'S professional engineer for each SUBDIVISION or DEVELOPMENT which may amend or supersede FDOT standards on a project by project basis. 2. Administration of construction. After approval of the final SUBDIVISION plat and improvement plans, and upon posting of the SUBDIVISION performance security when required, the APPLICANT shall construct the required improvements subject to obtaining and submitting to the County Manager or his designee all required federal, state and local DEVELOPMENT ORDERS and permits. The County Manager or his designee shall be notified in writing at least 48 hours in advance of the date of commencement of such construction. Construction shall be. performed under the general direction and observation of, and shall at all times be subject to, review by the County Manager or his designee; however, this in no way shall relieve the APPLICANT of the Page 86 of 235 responsibility for final compliance with the approved improvement plans and all of the requirements of this section. Final certification of the construction of the required improvements from the APPLICANT'S professional engineer shall be filed with the County Manager or his designee. Construction observation is required to observe that the required improvements have been installed in compliance with the approved improvement plans. 3. Observation of construction. The APPLICANT shall have the professional engineer or engineer's representative make periodic site visits at intervals appropriate to the various stages of required improvement construction to observe the contractor's compliance with the approved plans and specifications. At the time of preliminary acceptance, the APPLICANT'S professional engineer shall submit a completion certificate for those required improvements completed. The completion certificate shall be based on information provided by the project surveyor and the engineer's own observations. The completion certificate shall not be based on "information provided by the contractor". Any discrepancy shall be resolved to the satisfaction of the engineering services director prior to preliminary acceptance of the improvements. 4. Construction schedule. Upon approval by the County Manager or his designee of the improvement plans and prior to the commencement of construction of the required improvements, a preconstruction meeting shall be conducted. The preconstruction meeting shall be conducted by the owner and attended by representatives of the county, utility companies, the APPLICANT'S professional engineer of record, the contractor and the developer. At the preconstruction meeting, a schedule of construction and copies of all applicable state and federal permits shall be provided to the County Manager or his designee. At least 48 hours' written notice shall be provided for scheduling the preconstruction meeting with the County Manager or his designee. Should any construction commence on a project prior to the preconstruction meeting, the County Manager or his designee shall have the right to require partial or full exposure of all completed work for observation, inspection and verification that it was installed in accordance with the approved improvement plans. All required improvements constructed in proposed roadway areas shall be completed in accordance with the approved improvement plans prior to proceeding with the stabilization of the roadway subgrade. Installation of improvements which would complicate corrective work on the required improvements shall be considered in scheduling all adjoining or related phases of the construction. The County Manager or his designee shall be notified within 24 hours, with written follow-up, of any problems and conflicts with the actual construction of required improvements as compared to the Page 87 of 235 -"--~ "---- completion of the required improvements in substantial compliance with the approved improvement plans. All segments of the underground utility and water management facilities that lie beneath the pavement shall be completed,tested, and found to be in conformance with the approved improvement plans prior to the installation of pavement. All provisions associated with any water and sewer facilities construction shall be in compliance with the requirements of Collier County Ordinance [No.] 88-76 [Code ch. 134, art. Jill. as amended, and all other applicable federal, state and local regulations and laws. 5. Construction inspections by the engineering services director. Upon approval of the improvement plans by the engineering services director, the APPLICANTS' professional engineer of record shall be provided with a list of standard inspections which require the presence of the engineering services .director. Notification of all required inspections shall be contained in the approval letter for the DEVELOPMENT. Based on the scheduling and progress of construction, the APPLICANT shall be responsible to notify the engineering services director prior to the time these inspections are required. At least 48 hours' notice shall be provided to the engineering services director to allow scheduling of an inspection. Verbal confirmation of inspection time or a request for rescheduling will be made by the engineering services director on each notification made. All required inspections as noted in the Collier County Utilities Standards and Procedures Ordinance No. 97-17, section 9.4.2 shall require notice to the engineering services director. Also, the engineering services director shall be notified at the following stages of construction: Prior to any paving or concrete work associated with roads or SIDEWALKS. From time to time, the engineering services director shall inspect the progress of construction. Should special inspections be required they shall be coordinated through the APPLICANT. The foregoing notwithstanding, routine spot inspections by the engineering services director may be carried out without notice on all construction to ensure compliance with the approved improvement plans. During the on-site inspection process, if the engineering services director finds construction in progress which does not comply with the procedures, policies and requirements contained in this section or the approved improvement plans, he shall have the full authority to issue a sto'p work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until Page 88 of 235 such time as the documented discrepancies have been corrected to the full satisfaction of the engineering services director. 6. Design modification. Deviations from the approved improvement plans due to field related conditions or circumstances shall be submitted via the APPLICANT and approved by the County Manager or his designee. Initial contact with the County Manager or his designee may be by verbal contact whereby a County Manager or his designee's field representative may recommend approval to the DSD based on a field inspection of the deviation and based on its equivalency to the approved design. However, if required by the County Manager or his designee, a detailed written description of the proposed deviations or requested design modifications, the reasons for the deviations or modification, and revised improvement plans shall be submitted to the County Manager or his designee for approval. The County Manager or his designee may require written approval for specific deviations or modifications to be issued by him before construction of those items may commence. 7. Measurements and tests. After construction, the APPLICANT'S professional engineer of record shall submit a report to the County Manager or his designee which documents the dates of inspection, all measurements, field tests, laboratory tests and observations required to be performed during the construction. 8. Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 18 months from the date of recording of the final SUBDIVISION plat, or, if construction of required improvements is undertaken prior to recording the final SUBDIVISION plat, within 18 months from the date of approval of the final SUBDIVISION plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a SUBDIVISION performance security has been submitted, the engineering review director may recommend to the board that it draw upon the SUBDIVISION performance security or otherwise cause the SUBDIVISION performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request a one-time, one-year extension to receive final acceptance of the improvements. 9. County completion of required improvements. When a final SUBDIVISION plat has been recorded and the APPLICANT fails to complete, repair, or maintain the required improvements as required by this section, the board of county commissioners may Page 89 of 235 ... ~~. ~. authorize and undertake completion, repair, and maintenance of the required improvements under the SUBDIVISION performance security provided by the APPLICANT. If no sale of LOTS or issuance of BUILDING permits has occurred, the board of county commissioners may declare all approvals for the SUBDIVISION and all documents for the SUBDIVISION to be null and void; provided, any vacations of plat shall be in accordance with F.S. ch. 177. In such case, the board of county commissioners shall direct the County Manager or his designee to call upon the SUBDIVISION performance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its predevelopment condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Upon the completion of the required improvements, the County Manager or his designee shall report to the board of county commissioners and the board shall accept by resolution the dedication and maintenance responsibility as indicated on the final SUBDIVISION plat. In such case, the remaining SUBDIVISION performance security posted by the APPLICANT shall be retained for the warranty period between preliminary and final acceptance in lieu of the required maintenance agreement and SUBDIVISION performance security to provide funds for any repairs, maintenance, and defects occurring during this warranty period. 10. Failure to complete unrecorded SUBDIVISION. Where an APPLICANT has elected to construct, install, and complete the required improvements prior to recordation of the final SUBDIVISION plat and fails to complete such improvements within the time limitations of this section, all approvals for the SUBDIVISION shall be null and void. No reference shall be made to the preliminary SUBDIVISION plat or the final SUBDIVISION plat with respect to the sale of LOTS or issuance of BUILDING permits, unless and until the preliminary and final SUBDIVISION plats have been resubmitted with all of the supplementary documents and material, and all approvals required in this section have been granted. Under these circumstances, the APPLICANT shall be required to compensate the county through the payment of new review and inspection fees, as though the DEVELOPMENT were being submitted for its initial review and approval. C. Completion, approval and acceptance of required improvements 1. General. The required improvements constructed under the policies, procedures, guidelines, and requirements established in this section shall be approved and accepted by the board of county commissioners as prescribed in this section. All applicable completed water and sewer facilities shall simultaneously be Page 90 of 235 conveyed to Collier County, or to Collier County Water-Sewer District or its dependent water-sewer districts, where appropriate, or the appropriate water-sewer district in conformance with the provisions of Collier County Ordinance No. 88-76 [Code ch. 134, art. III], as amended. All roadway improvements intended to be turned over to Collier County for operation and maintenance shall provide a checklist for public road acceptance, along with all required information, priqr to any such acceptance. This section describes the policies,. procedures and data required to obtain approval and acceptance of all required improvements constructed. 2. Acceptance of required improvements. Upon completion of all required improvements contained in the approved improvement plans, the required improvements shall be preliminarily approved by the county administrator or his designee. All water and sewer facilities approved and accepted in this fashion and required to be maintained by Collier County shall be conveyed to the county pursuant to the provisions set forth in Collier County Ordinance No. 88-76 [Code ch. 134, art. III], as amended. A maintenance agreement and the posting of SUBDIVISION performance security for the maintenance of the required improvements shall be req~ired prior to the preliminary approval of the completed required improvements. 3. Procedures for acceptance of required improvements. The APPLICANT shall submit the following data, certifications, inspections and documents for review and approval by the site DEVELOPMENT review director prior to the county administrator, or his designee denying, granting, or granting with conditions preliminary approval of any completed required improvements and prior to authorizing the site DEVELOPMENT review director to issue any BUILDING permits, except as provided for in section 10.02.04 A.4.d. of this Code, for STRUCTURES to be constructed within a SUBDIVISION or DEVELOPMENT, where the developer has chosen to construct the improvements prior to recording of the plat. a. Maintenance agreement and SUBDIVISION performance security. The APPLICANT shall execute a maintenance agreement guaranteeing the required improvements against defect in workmanship and material for the period beginning upon preliminary acceptance of all completed required improvements by the board of county commissioners and ending upon final acceptance of the required improvements. The maintenance agreement shall ~e submitted to the County Manager or his designee along with the completion certificate, DEVELOPMENT records and SUBDIVISION performance security for maintenance of the required Page 91 of 235 ..~- improvements in an amount equal to ten percent of the cost of required improvements. The SUBDIVISION performance security shall be in a form established by the County Manager or his designee from time to time and as shown in appendix A. The maintenance agreement and security shall be approved by the county attorney prior to acceptance by the board of county commissioners. b. Acceptance of dedication and maintenance of improvements. The dedication of public spaces, parks, RIGHTS-OF-WAY, EASEMENTS, or required improvements shall not constitute an acceptance of the dedication by the county. The acceptance of the dedication shall be indicated by a resolution adopted by the board of county commissioners indicating that the APPLICANT has attested that all required improvements meet or exceed the standards established by this section. Such resolution shall be prepared by the County Manager or his designee after all of the procedures and requirements for preliminary acceptance of the required improvements have been met to the satisfaction of the County Manager or his designee. c. Completion certificate, record improvement plans and supportive documents. The required improvements shall not be considered complete until a statement of substantial completion by the APPLICANT'S professional engineer of record along with the final DEVELOPMENT records have been furnished to, reviewed and approved by the County Manager or his designee for compliance with this section. The APPLICANT'S professional engineer of record shall also furnish one set of record improvement plans on a mylar or other similar acceptable material, with a minimum of two mil thickness, and two sets of certified prints acceptable to the County Manager or his designee, showing the original design in comparison to the actual finished work. The mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. The APPLICANT'S professional engineer shall also submit digitally created construction/site plan documents, one disk (CDROM) of the master plan file, including, where applicable, EASEMENTS, water/WASTEWATER facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files Page 92 of 235 shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. RIGHT- OF-WAY --ROW, centerlines--CL, edge-of-pavement--EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (PARCELS, LOTS, and requisite annotation) shall be drawn on a unique information layer, with alllinework pertaining to the property feature located on that layer. Example: PARCELS--AII lines that form the PARCEL boundary will be located on one PARCEL layer. Annotations pertaining to property information shall be on a unique layer. Example: LOT dimensions--Lottxt layer. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the APPLICANT'S professional engineer and professional land surveyor and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: i. Roadway centerline elevations at all intersections and at a minimum at all points of vertical intersection (PVI) along the roadway. ii. Invert and inlet elevations of all water management STRUCTURES, including catch basins, all junction boxes, headwalls, inlets, and the like. iii. All record drawing data for water and sewer facilities pursuant to the provisions of section 10.4 of the Collier County Utilities Standards and Procedures Ordinance No. 97-17, as amended. iv. Centerline inverts on all open swales at high and low points and at 100-foot stations along centerline. v. The following data shall be submitted in report form for the acceptance of STREETS, roadways, ALLEYS or the like for maintenance purposes: (a) Name of SUBDIVISION, BLOCK, plat book and page of recording. (b) Name of each STREET proposed to be accepted for maintenance purposes. (c) The beginning and ending point for each STREET proposed to be accepted. (d) The centerline length of for [sic] each STREET proposed to be accepted. Page 93 of 235 (e) The number of lanes for each STREET proposed to be accepted. d. Final release of lien from contractor(s). The APPLICANT shall provide to the county a copy of the final release of lien from any utility/roadway contractor(s). 4. Recordation of final SUBDIVISION plat required. If the final SUBDIVISION plat has not been previously recorded in conformance with the required review and approval process established in this section, the original approved final SUBDIVISION plat, with all required signatures, other than those from Collier County, shall be submitted for recordation at the time of preliminary acceptance of required improvements. 5. Inspections. Preliminary and final inspections of all required improvements satisfactory to the county shall be required. Preliminary inspection of the completed required improvements shall be required prior to any conveyance to or acceptance by the board of county commissioners of any required improvements and the granting of preliminary acceptance. During preliminary inspection, the required improvements will be checked for compliance with the approved improvement plans. In addition, revisions or deviations from the approved improvement plans shall be identified and explained in writing by the APPLICANT'S professional engineer of record. All required improvements shall be in full compliance with the approved improvement plans and record improvement plans prior to submission to the board. The final inspection shall be conducted no earlier than one year after preliminary approval of the required improvements by the county administrator or his designee. During final inspection the required improvements will be examined for any defect in materials and workmanship and for physical and operational compliance with the record improvement plans. See paragraph (7) below regarding the procedure required to obtain final acceptance of the required improvements. 6. Preliminary approval. Upon satisfactory completion of the required improvements, as evidenced by the compliance with paragraphs (1) through (5) of this section, the County Manager or his designee shall, if in agreement, certify that the APPLICANT has complied with all of the provisions of this section. Upon such recommendation from the County Manager or his designee, the county administrator or his designee shall preliminarily approve the required improvements, establish the . responsibilities for maintenance of the completed improvements through the execution with the APPLICANT of a maintenance agreement and the posting of a SUBDIVISION performance security for maintenance of Page 94 of 235 required improvements in an amount equal to ten percent of the sum of the construction costs for all on-site and off-site required improvements based on the APPLICANT's engineer's opinion of probable construction costs or contract bid price and grant preliminary approval of the completed required improvements. The date of this action shall designate the commencement of the required maintenance period pursuant to paragraph (3) of this section. Until preliminary approval is granted, final certificates of occupancy shall not bei'ssued by the County Manager or his designee. 7. Final approval and acceptance. The APPLICANT shall petition the County Manager or his designee to finally approve the improvements. Upon expiration of the minimum one-year maintenance period and after satisfactory completion of all final inspections, the board shall adopt a resolution giving final approval of the final improvements, acknowledging the dedication(s) of the final SUBDIVISION plat and establishing county responsibility for maintenance of the required improvements if it is the board's desire to accept and maintain the facilities. The board has no obligation to accept maintenance responsibilities for any facilities dedicated to public use, pursuant to F.S. ~ 177.081. The County Manager or his designee shall notify the APPLICANT in writing that final approval of the required improvements and applicable acceptance of the facilities has been granted, notify all affected county agencies of their final maintenance responsibilities, and instruct the clerk of the court to return the remaining maintenance security held by the county. 8. Conditional final acceptance. At the discretion of the engineering review director, a developer may apply for a conditional final acceptance. The conditional final acceptance may occur when the required SUBDIVISION improvements, with the exception of the final lift of asphalt, and in certain cases, portions of the SIDEWALK(S) have received a satisfactory final inspection. The developer shall provide a performance security in the amount of 150 percent of the estimated cost of the remaining improvements. Additionally, the developer shall provide a letter to the engineering review director, which confirms the developer's intent to complete all of the remaining improvements within a 12-month time period. Additional one-year extensions may be approved by the engineering review director. D. Vacation and annulment of SUBDIVISION plats. Vacation and annulment of a SUBDIVISION plat shall be in aCGordance with F.S. S 177.101, as amended. E. Improvement Plan Requirements Page 95 of 235 1. General requirements. Improvement plans for all of the improvements required by this section shall be prepared, signed, and sealed by the APPLICANT'S professional engineer. A minimum of five sets of improvement plans shall be submitted to the County Manager or his designee and shall include, but not be limited to, construction drawings, written technical specifications, the professional engineer's opinion of probable cost to construct the required improvements, design computations, all necessary supportive documentation, and any other information set forth in this section. The improvement plans and other required submissions shall be so complete that from them a thorough review and analysis may be made. The improvement plans shall be transmitted under one cover for the following improvements, where applicable: a. STREETS, paving, grading, and water management (drainage); b. Bridges; c. Water and sewerage systems, including, where applicable, water reuse/irrigation pumping, storage and transmission/distribution systems; and d. STREET lighting, landscaping within public RIGHTS-OF- WAY, parks, recreational areas and parking areas. Plans for streetlights shall bear the approval of the requisite utility authorities involved. If the STREET lighting system is to be privately owned and maintained by a property owners' association or similar entity, it shall be designed by the APPLICANT'S engineer. 2. Improvement plans submission requirements. The improvement plans shall be prepared on 24-inch by 36-inch sheets and well as being digitally created on one or more CDROM disks. All data shall be delivered in the North American Datum 1983/1990 (NAD83/90) State Plane coordinate system, Florida East Projection, in United States Survey Feet units; as established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All information shall meet Minimum Technical Standards as established in Chapter 61 G 17 of the Florida Administrative Code. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. RIGHT-OF-WAY - ROW, centerlines - CL, edge-of-pavement- EOP, etc.) a. A cover sheet, including a location plan. b. Improvement plans, design reports and specifications detailing/showing complete configurations of all required Page 96 of 235 improvements including, but not limited to, all water, sewer, roads, water management systems, and all appurtenant facilities, public or private. The complete calculations used to design these facilities shall be included with the improvement plans. If the DEVELOPMENT is intended to be in phases, each phase boundary shall be clearly delineated. c. A detailed water management plan in accordance with the master water' management plan approved in the preliminary SUBDIVISION plat, if the APPLICANT chose to submit a preliminary SUBDIVISION plat, showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete LOT grading plan with final grading elevations, surface runoff flow patterns, and companion drainage EASEMENTS consistent with the final SUBDIVISION plat pursuant to section 10.02.04 B.3. to be utilized by the APPLICANT, his successors or assigns during the BUILDING permitting and site improvement process for all LOTS consistent with the Collier County BUILDING Code, and the COMPATIBILITY of drainage of surface waters into ADJACENT or larger water management systems. If the APPLICANT chooses not to submit a preliminary SUBDIVISION plat, the information requested must still be included on the final SUBDIVISION plat. The complete calculations used to design the system shall be provided for projects 40 acres or less. For projects greater than 40 acres or where the water management system will utilize WETLANDS for water management, the APPLICANT shall initially provide with the submission the SFWMD construction permit submittal. Prior to approval the APPLICANT shall provide the staff report and early work permit or construction permit. d. Typical design sections (e.g., roadway cross sections) and summary of quantities and sizes of required improvements. e. Construction details showing compliance with applicable federal, state and local standards. f. Plan and profile sheets, showing roads, water, sewer, conflict crossings, drainage and other unique situations. g. A clearing plan for those areas where improvements are to be constructed, with a maximum limit of ten feet beyond any approved RIGHTS-Of-WAY line or five feet beyond any EASEMENT line, unless otherwise approved by the County Manager or his designee pursuant to section 10.02.04 A.3. Page 97 of 235 -....- -- h. Benchmark, based on NOAA datum (NGVD). i. Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed. j. The improvement plans and attachments shall address special conditions pertaining to the SUBDIVISION in note form on the improvement plans, including statements indicating: i. Required compliance with special conditions of this section. ii. Where applicable, required compliance with federal, state and local standards as currently adopted. iii. Source of water and sewer service. iv. Required installation of subsurface construction such as water lines, sewer lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction. k. Detailed written technical specifications for all improvements required shall be submitted in a separate bound document, signed, and sealed by APPLICANT'S professional engineer. I. All DEVELOPMENT ORDERS, DEVELOPMENT permits and construction permits (i.e., DEVELOPMENT ORDERS or permits issued by local, state or federal agencies) which require approval or signature by a county official, with the appropriate number of copies, shall be submitted with the improvement plans. m. Detailed hydraulic design calculations utilized to design the water and sewer facilities regulated by the county and water management facilities for the SUBDIVISION or DEVELOPMENT. n. The final SUBDIVISION plat, prepared in conformance with the approved preliminary SUBDIVISION plat, if the APPLICANT chose to submit a preliminary SUBDIVISION plat, and the final SUBDIVISION plat requirements contained in section 10.02.04 B.3., pursuant to the provisions of section 10.02.05 A.2.. o. Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. Page 98 of 235 p. Factual information and data relating to previous zoning actions affecting the project site. q. A soil erosion and sediment control plan pursuant to this chapter. r. Upon re-submittal of construction plans and plats, the engineer shall identify all revisions to the construction plans by lettering or numbering; the surveyor shall identify all revisions to the plat by highlighting the current revisions. The APPLICANT shall also provide a written response to the county's comments, responding to each comment individually. 3. Required improvements. The following improvements in this section are required in conjunction with the SUBDIVISION and DEVELOPMENT of any and all property pursuant to section 10.02.03 within the unincorporated areas of Collier County. The required improvements shall be completed prior to recordation of the final SUBDIVISION plat unless the APPLICANT shall file with the county a SUBDIVISION performance security in one of the forms prescribed in this section to assure the installation of the required improvements. Any required improvements shall be designed and constructed in accordance with the design requirements and specifications of the entity having responsibility for approval, including all federal, state, and local agencies. Where approval of a final SUBDIVISION plat and improvement plans will lead to the LEVEL OF SERVICE for any public facility being reduced below the level established by the growth management plan for Collier County, the county shall deny approval to proceed with DEVELOPMENT until the requirements of the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11/] or its successor in function are met. a. ACCESS to public roads. The STREET system of a SUBDIVISION approved pursuant to this section shall be connected to a public road, which is state or county maintained, with adequate capacity as defined by the growth management plan to accept the traffic volumes generated by the proposed DEVELOPMENT. Unless topography, or a compliance with the county's ACCESS Control Policy (Resolution No. 01-247) as may be amended, or the Collier County Construction Standards Manual prohibits it, the number of ACCESS points to public roads shall ensure that there are no more than 4,000 AVERAGE DAILY TRIPS (ADT) per ACCESS point (existing or future). The maximum number of ACCESS points required by this section shall be six. Proposed DEVELOPMENTS accessing public roads shall be subject to the requirements of the Collier County Page 99 of 235 "-- -- Adequate Public Facilities Ordinance. The connection of any property to a public or private road shall be carried out in conformance with Collier County Ordinance No. 82-91, as amended. b. ALLEYS. ALLEYS may be provided in industrial, commercial and residential SUBDIVISIONS. ALLEYS may be for one-way or two-way traffic. ALLEYS for one-way traffic only shall have the appropriate directional and instruction signage installed. ALLEYS shafl be utilized for secondary ACCESS unless otherwise provided in this Code. c. Bridges and culverts. Where a SUBDIVISION or DEVELOPMENT includes or requires ACCESS across canals, watercourses, lakes, streams, waterways, channels, or the like, bridges or culverts shall be provided to implement the proposed STREET system. The bridge or culvert design shall be prepared by a professional engineer. d. Canals. 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 his 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. e. Drainage (water management). An adequate water management system, including necessary open swales, ditches, storm sewers, drain inlets, manholes, headwalls, endwalls, culverts, bridges, retention basins, water level control STRUCTURES and other appurtenances shall be required in all SUBDIVISIONS or DEVELOPMENTS for the management of surface water and groundwater. The water management system shall provide for stormwaters affecting the SUBDIVISION or DEVELOPMENT and shall be in compliance with applicable federal, state and local design regulations and specifications. f. EASEMENTS. If applicable, EASEMENTS shall be provided along LOT LINES or along the alignment of the improvements requiring EASEMENTS in accordance with all Page 100 of 235 design requirements so as to provide for proper ACCESS to, and construction and maintenance of, the improvements. All such EASEMENTS shall be properly identified on the preliminary SUBDIVISION plat, if the APPLICANT chooses to submit the optional preliminary SUBDIVISION plat, and dedicated on the final SUBDIVISION plat. If the preliminary SUBDIVISION plat is not submitted, then the EASEMENTS need to be id~!ltified and dedicated on the final SUBDIVISION plat. g. Elevation, land filling, excavation and demolition. The elevation of all BUILDING sites and public or private roadways included within a SUBDIVISION or DEVELOPMENT for which a use other than conservation or recreation is proposed shall be not less than 5 1/2 feet NGVD when completed, or to such minimum elevations above the established NGVD datum as adopted by the board of county commissioners, FEMA/FIRM, or South Florida Water Management District criteria. All lawful regulations with reference to BULKHEAD LINES, salt[water] barrier lines, and other appropriate regulations regarding land filling, conservation, excavations, demolition, and related regulations shall be observed during the construction of any improvements within Collier County. h. Fire hydrants. Fire hydrants shall be provided at no cost to the county in all SUBDIVISIONS and DEVELOPMENTS. In all cases, fire hydrants shall be provided and spaced in the manner prescribed by the design requirements of this section. i. Monuments and control points. Permanent monuments and control points shall be set as prescribed by F.S. ch. 177, as amended. Details pertaining to their type and location shall be in full compliance with the provisions set forth by these regulations and those prescribed by F.S. ch. 177, as amended. j. Parks, protected areas, preservation areas, conservation areas, recreational areas, and school sites. i. Parks, protected areas, preservation areas, conservation areas. Parks, protected areas, preservation areas and conservation areas shall be dedicated and/or conveyed in accordance with applicable mandatory dedication requirements and regulations of federal, state and local agencies. ii. Recreational areas. Recreational areas shall be dedicated and/or conveyed in accordance with Page 101 of 235 ---.... applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. iii. School sites. School sites shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. k. Plantings, trees, and grass. All RIGHTS-OF-WAY and EASEMENTS for STREETS, avenues, roads, drives, and the like shall be planted with trees, grass or other suitable vegetation on both sides in accordance with the specifications, limitations, procedures, types and intervals set forth in the appropriate cou nty regulations and requirements, including but not limited to Chapter 4 and the RIGHT-OF-WAY Construction Handbook, Collier County Ordinance No. 82-91, as amended [superseded by ordinance found in Code ch. 110, art. II]. All unpaved areas within RIGHTS-OF-WAY shall be stabilized by seed or sodding of cultivated grass species suitable to the area. The sodding of a one-foot-wide strip along the back of curb or edge of pavement shall be mandatory for all roadway construction. The flow line of all swale sections approved for use by the County Manager or his designee shall also be sodded as required for erosion control. I. Sanitary sewer system. A complete sewage collection and transmission system and interim sewage treatment and disposal facilities, if required, shall be provided by the APPLICANT, for all SUBDIVISIONS and other types of DEVELOPMENT. All facilities shall be designed in accordance with federal, state and local requirements. When required, the sewage collection and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependent district where appropriate, upon completion of construction pursuant to County Ordinance [No.] 88-76 [Code ch. 134, art. III], as amended. If county central sewer facilities are not available to connect with, the sewage collection and transmission facilities conveyed to the county shall be leased to the APPLICANT of the interim sewage treatment facilities, with operation and maintenance responsibilities, until the county's central sewer facilities are available for connections. All sewer facilities shall be maintained and operated at no cost to the county, in a manner equal to the operation and maintenance standards Page 102 of 235 for sewage collection and transmission facilities and sewage treatment facilities maintained by Collier County or the Collier County Water-Sewer District, until connection to the county's central facilities is made. Any interim sewage treatment facilities owned, operated and maintained by the APPLICANT, or their successors and assigns, shall be abandoned in accordance with an agreement entered into between the county or the Collier County Water-Sewer District and the APPLICANT prior to the approval of improvement plans pursuant to this section and to the requirements of Collier County Ordinance [No.] 88-76 [Code ch. 134, art. III], as amended. In the event individual sewage facilities designed in accordance with chapter 10D-6, F.A.C., Le., septic systems, are allowed under required state and local regulations on an interim basis, the developer shall construct a "dry" sewage collection and transmission system for future connection to the county's central sewer facilities, when available to serve the SUBDIVISION or DEVELOPMENT. Any such "dry" sewer facilities shall be designed and constructed in accordance with the requirements of the County Ordinance [No.] 88-76, as amended. Operation and maintenance responsibilities for the "dry" facilities shall be specified pursuant to a lease agreement with Collier County or where applicable the Collier County Water-Sewer District. When county central sewer facilities are available to connect the "dry" system, connection shall be completed within 90 days from approval of improvement plans for those facilities by the county utilities division. The terms and conditions controlling the connection shall be contained in an agreement between Collier County, or the Collier County Water-Sewer District where appropriate, and the APPLICANT which must be entered into prior to the approval of the improvement plans. Upon connection to the county's central sewer facilities, all INDIVIDUAL SEWAGE SYSTEMS shall be abandoned in the manner required by federal, state and local regulations On-site sewage disposal systems may be utilized if permitted by the Collier County growth management plan and where the conditions of F.A.C. 10D-6 can be satisfied. In the event the LOTS are sized such that 10D-6 does not require central sewer or water, or if the LOTS are sized such that only central water and no sewer is required, construction of a "dry system" will not be required 'unless Collier County can confirm future service within five years. Page 103 of 235 ~"--_.- --. __ _._ __~,"~.". .__._.M .__.._.. All sewage collection and transmission systems, and treatment and disposal facilities shall be designed by the APPLICANT'S engineer. m. SHORELINE and waterway AL TERA TIONS and additions. All requests for the construction of seawalls, BULKHEADS, SHORELINE and waterway alterations and additions shall be submitted to the County Manager or his designee. After review by the County Manager or his designee the prqposed facility or alteration shall be approved, approved with conditions or denied. The use of vertical seawalls as a method of protecting SHORELINES and lands ADJACENT to waterways shall be discouraged except for DEVELOPMENT lakes, and APPLICANTS shall be encouraged to utilize alternate methods of accomplishing SHORELINE protection and waterway facilities installation. Whenever possible, all proposed construction of seawalls, BULKHEADS, SHORELINE and waterway ALTERATIONS and additions shall be designed to afford the maximum protection to the environment of the area. Any state or federal permits required for construction must be submitted to the County Manager or his designee prior to the commencement of construction. n. STREETS and ACCESS improvements. i. All SUBDIVISION STREETS, ACCESS improvements and related facilities, whether public or private, required to serve the proposed DEVELOPMENT shall be constructed by the APPLICANT. The design and construction of all SUBDIVISION STREETS, ACCESS improvements and related facilities shall be in conformance with the design requirements, regulations and standards established in this section and shall include but not be limited to the pavement STRUCTURE, drainage, SIDEWALKS and traffic control/safety devices. ii. The arrangement, character and location of all STREETS shall conform to the Collier County growth management plan and shall be considered in their relation to existing and proposed STREETS, topographical conditions, public convenience, safety and in their appropriate relation to the proposed uses of the land to be served by such STREETS (a) Rural type roadway cross sections shall only be considered for permitting on a case-by- case basis. The design of a rural cross section Page 104 of 235 and its required RIGHT-OF-WAY width shall be based on the drainage characteristics of the required swale section and the relationship of the maximum stormwater flow line to the bottom of the subbase course of the roadway. A detailed design report documenting these considerations shall be submitted for review and approval by the County Manager or his designee prior to the approval of a rural roadway cross section. (b) All existing and future public and private RIGHTS-OF-WAY that are designed parallel to each other or to the boundary of a SUBDIVISION or DEVELOPMENT, with no BUILDING LOTS separating them from other RIGHTS-QF-WA Y or the project boundary, shall be separated by a LANDSCAPE BUFFER, pursuant to Chapter 4. The BUFFER area in these cases shall be separately designated on the final SUBDIVISION plat as a tract or EASEMENT and shall be dedicated on the final SUBDIVISION plat cover sheet to the appropriate property owners' association or like entity for operation, maintenance and upkeep purposes. (c) All public and private STREETS requiring a design capacity which exceeds the roadway cross sections established herein for a minor collector shall be coordinated by the County Manager or his designee with and reviewed and approved by the transportation services division prior to the approval of the project's improvement plans and final SUBDIVISION plat by the County Manager or his designee. iii. As applicable, the installation of turn lanes, storage lanes, deceleration lanes, parallel service lanes or any other traffic control improvements necessary to provide safe internal movements or ingress and egress from the SUBDIVISION or DEVELOPMENT to any existing or proposed STREET or highway shall be required. (a) If applicable, review and written approval by the Florida Department of Transportation of the SUBDIVISION or DEVELOPMENT traffic Page 105 of 235 . ,_._" --....-- systems for ingress or egress to state- maintained roads shall be necessary prior to approval of any final SUBDIVISION plat and improvement plans by the County Manager or his designee. o. STREET names, markers and traffic control devices. STREET name markers and traffic control devices shall be provided by the developer at intersections and locations designated by th~ Transportation Administrator or his designee for all affected STREETS, whether the STREETS are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the APPLICANT to the APPLICANT'S engineer's specifications approved by the County Manager or his designee for private STREETS or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for public STREETS. The Transportation Administrator or his designee shall accept alternative specifications on public STREETS signage where an acceptable maintenance agreement has been provided. Alternate specifications for private STREET signage where a property owners' association or other entity has maintenance responsibility shall be approved by the Transportation Administrator or his designee. Proposed STREETS which are in alignment with other existing and named STREETS shall bear the same name of the existing STREET. All STREET names shall have a suffix (i.e., STREET, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed STREET duplicate or be phonetically similar to [an] existing STREET name regardless of the use of the suffix. All STREET names shall be subject to approval by the CDES Operations Director or his designee during the preliminary SUBDIVISION plat approval process or on the final SUBDIVISION plat or the final plat and construction plans if the APPLICANT chooses not to submit the optional preliminary SUBDIVISION plat. Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley Page 106 of 235 gutters border the edge of pavement and for private roadways, this requirement may be waived by the Transportation Administrator or his designee. p. Traffic control devices. Traffic control devices shall be provided by the developer when engineering study indicates traffic control is justified at any STREET intersection within the SUBDIVISION or DEVELOPMENT or where the additional traffic . flow results from the proposed SUBDIVISION or DEVELOPMENT on to any collector or ARTERIAL STREET. Traffic control devices are subject to county approval. If more than one DEVELOPMENT or SUBDIVISION is involved, each shall be required to make a pro rata contribution for the installation cost of the traffic control devices. The cost of all required traffic control devices shall be included in the amount of SUBDIVISION performance security furnished for the required improvements. 4. Design requirements for Water Management. a. Plans and specifications. As a precondition for approval of improvement plans, the developer shall deliver to the County Manager or his designee complete plans and specifications in report form prepared by a registered professional engineer licensed to practice in the State of Florida, which shall include, but may not be limited to, the following: i. A topographic map of the land DEVELOPMENT related to NGVD with sufficient spot elevations to accurately delineate the site topography, prepared by a professional surveyor. ii. A drainage map of the entire basins within which the DEVELOPMENT or SUBDIVISION lies. This map may be combined with the above topographic data in a manner acceptable to the County Manager or his designee. All ridges lying within the basins and the area of the basins stated in acres, of all the existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. iii. Flow paths shall be indicated throughout including final outfalls from the DEVELOPMENT and basins, existing water elevations, all c~nnected and isolated WETLANDS, recurring high water elevations, proposed design water elevations, and other related hydrologic data. Page 107 of 235 ~ ~'"- iv. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the South Florida Water Management District. v. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage STRUCTURES, roads and curbs, and other proposed DEVELOPMENT construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. vii. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient RIGHT -OF- WAY shall be provided by the developer or subdivider to accommodate these and future needs. viii. For projects which require a construction permit to be issued by the South Florida Water Management District, approval of improvement plans and the final SUBDIVISION plat shall not be granted by the County Manager or his designee until a copy of the permit or an acceptable "early work" permit is submitted to the County Manager or his designee. ix. The master drainage plan shall include the drainage plans and details for all LOTS. The master drainage plan shall show proposed finished GRADE elevations at all LOT corners and breaks in GRADE. The engineer shall state on the water management calculations the basis for wet season water table selection. The engineer of record prior to final acceptance, shall provide docu mentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 10.02.06 Submittal Requirements for Permits A. Generally Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. Page 108 of 235 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or DEVELOPMENT requires state or federal DEVELOP.MENT ORDERS or permits prior to use or DEVELOPMENT, such DEVELOPMENT ORDERS or permits must be secured from state or federal agencies prior to commencement of any construction and/or DEVELOPMENT, including any changes in land configuration and land preparation. b. DEVELOPMENT of regional impact. Where a proposed use or DEVELOPMENT is a DEVELOPMENT of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county DEVELOPMENT ORDERS or permits and commencement of construction or DEVELOPMENT. Submission of the application for DEVELOPMENT approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or CONDITIONAL USE application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or CONDITIONAL USE applications. The DRI and rezone and/or CONDITIONAL USE shall be approved prior to the issuance of any required county DEVELOPMENT ORDERS or permits and commencement of construction or DEVELOPMENT. 2. No approval of the final SUBDIVISION plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a DEVELOPMENT ORDER or BUILDING permit if (1) it can be shown that issuance of said DEVELOPMENT ORDER or BUILDING permit will result in a reduction in the. LEVEL OF SERVICE for any public facility below the LEVEL OF SERVICE established in the Collier County growth management plan, or (2) if issuance of said DEVELOPMENT ORDER of [or] BUILDING permit is inconsistent with the growth management plan. Anything in this division to the contrary notwithstanding, all SUBDIVISION and DEVELOPMENT shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. BUILDING Permits Page 109 of 235 - --.'.---. -- 1. BUILDING or land ALTERATION permit and certificate of occupancy compliance process. a. Zoning action on BUILDING or land ALTERATION permits. The County Manager or his designee shall be responsible for determining whether applications for BUILDING or land ALTERATION permits, as required by the Collier County BUILDING code or this Code are in accord with the requirements of this Code, and no BUILDING or land ALTERATION permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land DEVELOPMENT regulations. For purposes of this section a land ALTERATION permit shall mean any written authorization to ALTER land and for which a BUILDING permit may not be required. Examples include but are not limited to clearing and excavation permits, site DEVELOPMENT PLAN approvals, agricultural clearing permits, and blasting permits. No BUILDING or STRUCTURE shall be erected, moved, added to, AL TERED, utilized or allowed to exist and/or no land AL TERA TION shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County BUILDING code or this Code and no BUILDING or land AL TERA TION permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or AL TERA TION of any BUILDING, STRUCTURE, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for BUILDING or land ALTERATION permit. All applications for BUILDING or land ALTERATION permits shall, in addition to containing the information required by the BUILDING official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the LOT to be built upon; the sizes and locations on the LOT of BUILDINGS already existing, if any; the size and location on the LOT of the BUILDING or BUILDINGS to be erected, ALTERED or allowed to exist; the existing use of each BUILDING or BUILDINGS or parts thereof; the number of families the Page 110 of 235 BUILDING is designed to accommodate; the location and number of required off-STREET parking and off-STREET LOADING SPACES; approximate location of trees protected by county regulations; changes in GRADE, including details of BERMS; and such other information with regard to the LOT and existing/proposed STRUCTURES as provided for the enforcement of this Land DEVELOPMENT Code. In the case of application. for a BUILDING or land AL TERA TION permit on property ADJACENT to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific PARCEL of land for which a BUILDING or land ALTERATION permit is requested, which the County Manager or his designee determines may effect the DENSITY or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. BUILDING or land ALTERATION permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. BUILDING use arrangement, or construction different from that authorized shall be deemed a violation of this Land DEVELOPMENT Code. i. Statements made by the APPLICANT on the BUILDING or land ALTERATION permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the APPLICANT from strict observance of applicable provisions of this Land DEVELOPMENT Code and all other applicable regulations, ordinances, codes, and laws. ii. A BUILDING or land ALTERATION permit issued in error shall not confer any rights or privileges to the APPLICANT to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. Page 111 of 235 -.... d. Improvement of property prohibited prior to issuance of BUILDING permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a BUILDING permit where the DEVELOPMENT proposed requires a BUILDING permit under this Land DEVELOPMENT Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved SUBDIVISION or site DEVELOPMENT PLAN to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of EXOTIC VEGETATION shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a BUILDING permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). e. Zoning and land use approval required prior to or simultaneously with issuance of BUILDING or land AL TERA TION permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land DEVELOPMENT Code, shall be required prior to obtaining a BUILDING or land AL TERA TION permit or to occupying any space of land or BUILDINGS or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land DEVELOPMENT Code, an approval of a site DEVELOPMENT PLAN pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land DEVELOPMENT Code, including the uses of the BUILDING space upon which applicable off-STREET parking and loading requirements were based, Page 112 of 235 however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land DEVELOPMENT Code. ii. In subdivided BUILDINGS each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the BUILDING and the land pursuant to section 1 0.02.03 and of a zoning certificate issued for the BUILDING and the land, shall be required. iii. A zoning certificate shall be required for any use of land or BUILDINGS located in residential zoning districts, which involve the conduct of a commercial or other non residentially allowed uses of land or BUILDINGS. 2. BUILDING Permit applications for SIGNS. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, AL TER, or change the SIGN copy (see section 5.06.04 for exceptions) of any SIGN shall apply for and receive a BUILDING permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A BUILDING permit will be issued by the community DEVELOPMENT services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A BUILDING permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a BUILDING permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, ALTER or change the SIGN copy of any SIGN under the provision of this Code, an APPLICANT shall submit to the BUILDING official a BUILDING permit application which shall set forth in writing a complete description of the proposed SIGN including: i. The name, address and telephone number of the: (a) owner and lessee of the SIGN and (b) SIGN contractor or erector of the SIGN. ii. The legal description and the STREET address of the property upon which the SIGN is to be erected. Page 113 of 235 . __u ".-. .-- iii. The dimensions of the SIGN including height. iv. The copy to be placed on the face of the SIGN. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed SIGN and identification of the type, height, area and location of all existing pole SIGNS, ground SIGNS and directory SIGNS on the subject PARCEL. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the BUILDING or the ground for all pole SIGNS and all projecting SIGNS; and any ground SIGN over 32 square feet. vii. Wall SIGNS, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the SIGN or separate part thereof under wind load conditions of the approved Collier County BUILDING Code Ordinance [Code 9 22-106 et seq.], FLOOD Ordinance [Code ch. 62. art. II], and the Coastal BUILDING Zone Ordinance [Code ch. 22, art. VIII]. Any such SIGN or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the SIGN or SIGN copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the SIGN face and shall have the same life expectancy as the SIGN. Such permit number shall be clearly legible to a person standing five feet in front of the base of the SIGN and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. BUILDING permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. Page 114 of 235 f. Adherence to the unified SIGN plan: Requests for BUILDING permits for permanent on-premise SIGNS shall adhere to the unified SIGN plan, which shall be kept on file in the community DEVELOPMENT and environmental services division. Requests to permit a new SIGN,. or to relocate, replace or structurally AL TER an existing SIGN shall be accompanied by a unified SIGN plan for the BUILDING or project the SIGN is accessory to. Existing permitted SIGNS may remain in place; however, all future requests for permits, whether for a new SIGN, or relocation, ALTERATION, or replacement of an existing SIGN, shall adhere to the unified SIGN plan for the property. C. Vegetation Removal permit requirements 1. OTHER PERMITS REQUIRED. No vegetation removal permit or final DEVELOPMENT ORDER authorizing site clearing or site improvements shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approvals may include, but are not limited to: a. BUILDING permits. (Except in accordance with section 4.06.04 A. of this Code.) b. Special treatment (ST) DEVELOPMENT permits. c. U.S. Army Corps of Engineers permits or exemptions. d. Florida Department of Environmental Protection permits or exemptions. e. U.S. Fish and Wildlife Service permits or exemptions. f. Florida Fish and Wildlife Conservation Commission permits or exemptions. g. South Florida Water Management District permits or exemptions. h. Other applicable agency reviews or permits or exemptions. i. Other county approvals. 2. APPLlCA TION CONTENTS. Application for a vegetation removal permit shall be submitted to the County Manager or his Page 115 of 235 -',-- designee in writing on a form provided by the planning services department. The application shall include the following information: a. A generalized vegetation inventory which includes: i. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. ii. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape arch itect, or certified nurseryman. iii. Reasonable additional information. The County Manager or his designee may require that the application include such additional information which is reasonable and necess~ry for adequate administration of this section. b. A site plan which includes: Page 116 of 235 i. Property dimensions. ii. Location of existing infrastructure and ALTERATIONS. iii. Location of proposed STRUCTURES, infrastructure. and AL TERA TIONS. iv. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. v. Designation of all protected vegetation proposed for removal. vi. Location and details of protective barricading of the vegetation to be retained. vii. Description of any proposed AL TERA TION of mangroves. viii. Description of any proposed maintenance trimming of mangroves. c. An executed statement which includes: i. Name, address, and phone of property owner. ii. Name, address, and phone of AUTHORIZED AGENT and on-site representative. iii. Proof of ownership. iv. Legal description. v. Reason for proposed removal. vi. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. vii. Signature of property owner or copy of a specific contract signed by property owner. Page 117 of 235 ,~-"~,~' ,._~ --- 3. REVIEW PROCEDURES. a. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the County Manager or his designee, may approve or deny an application. An approved vegetation removal permit'is valid for a period not to exceed 180 days. Mangrove AL TERA TION permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida Department of Environmental Protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the County Manager or his designee. The County Manager or his designee may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. b. Denial of permit. In the event an application is denied by the County Manager or his designee, the reason(s) shall be noted on the application and returned promptly. c. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee as established by resolution of the Board of County Commissioners. 4. VEGETATION REMOVAL PERMIT EXCEPTIONS. a. Except for LOTS on undeveloped coastal barrier islands, and any project proposing to AL TER mangrove trees, a vegetation removal permit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a PARCEL of land zoned residential, single-family (RSF), village residential (VR), agriculture (A) or estates (E), or other nonagricultural, non- sending lands, non-NRPA, noncommercial zoning districts in which single-family LOTS have been subdivided for single- family use only, where the following conditions have been met: i. A BUILDING permit has been issued for the permitted PRINCIPAL STRUCTURE (the BUILDING permit serves as the clearing permit), or ii. The permitted PRINCIPAL STRUCTURE has been constructed, and the property owner or AUTHORIZED AGENT is conducting the removal, Page 118 of 235 and the total area that will be cleared on site does not exceed one acre. b. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or his designee as part of the final DEVELOPMENT, ORDER. c. A vegetation removal permit is not required for the removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. d. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three feet in width. e. A vegetation removal permit is not required for the removal of protected vegetation prior to BUILDING permit issuance if the conditions set forth in section 4.06.04 have been met. f. A vegetation removal permit is not required for the hand removal of PROHIBITED EXOTIC VEGETATION. Mechanical clearing of PROHIBITED EXOTIC VEGETATION shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. D. AGRICULTURAL LAND CLEARING 1. LAND CLEARING PERMIT. A permit for clearing of agriculturally zoned land for AGRICULTURAL USES that do not fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statues, shall be required for all agricultural operations except as exempted by 6 below. a. Application. An application for an agricultural clearing permit shall be submitted in the form established by the County Manager or his designee. Silviculture operations, as defined by this Code, shall require a management plan Page 119 of 235 prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: i. If an ST or ACSC-ST overlay is attached to the zoning of the 'property, an ST DEVELOPMENT permit has been issued by the County Manager or his designee. The ST or ACSC-ST permit review shall be in accordance with Collier County Land DEVELOPMENT Code Chapter 2, section 2.03.07 and may be simultaneously reviewed with the agricultural clearing permit application. ii. The application, including generalized vegetation inventory and clearing plan as outlined in section 10.02.06 C.2.a. and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide AGRICULTURAL USE and the APPLICANT has been informed of the rezoning restriction which granting the permit shall place on his property. iii. The APPLICANT has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. iv. The APPLICANT has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. v. The APPLICANT has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. vi. The APPLICANT has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Page 120 of 235 DEVELOPMENT Code section 3.04.00. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to WETLANDS and to protected federally and state listed wildlife habitat. vii. The property owner, or AUTHORIZED AGENT, has filed an executed agreement with the County Manager or his designee, stating that within two years from the date on which the agricultural clearing permit is approved by the County Manager or his designee. the owner/agent will put the property into a bona fide AGRICUL TURAL USE and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide AGRICULTURAL USE, for the remainder of the ten-year period required by viii. below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. viii. The property owner, or AUTHORIZED AGENT, has filed an executed agreement with the County Manager or his designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of ten years from the date of approval of the agricultural clearing permit by the County Manager or his designee, unless for any such conversions in less than ten years, the converted land shall be restored with NATIVE VEGETATION to the degree required by this Code. b. Determination of completeness. i. After receipt of an application for an agricultural clearing permit, County Manager or his designee shall determine whether the application submitted is complete. All applicable conditions specified in paragraph a. above must be addressed in order to obtain a determination of completeness. If the application is not complete, the County Manager or Page 121 of 235 -..., . _'_"_'N _.P.... - ">""- his designee shall notify the APPLICANT in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, a determination of completeness or a mod ified determination of completeness may be made in accordance with the following: ii. Where the APPLICANT submits, as part of the application fOr an agricultural clearing permit, a copy of the completed application for a SFWMD consumptive use permit or exemption, or a SFWMD surface water management permit or exemption, or an ACOE permit or exemption, a mod ifjed determination of completeness may be issued providing that said permits or exemptions are not necessary for further County review and providing that all other deficiencies in the application have been addressed. c. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon the determination of completeness or modified determination of completeness. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: i. An on-site inspection has been made by staff, if indicated. ii. Environmental impacts, including WETLANDS and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Collier County growth management plan and the Land DEVELOPMENT Code, as may be amended from time to time. iii. Additional data and or information required by the County to address environmental impacts shall be submitted by the APPLICANT. d. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with paragraph c. above, the County Manager or his designee shall grant the permit, grant with conditions or deny the Page 122 of 235 permit, in writing. Where the agricultural clearing permit is denied, the letter shall state the reason(s) for said denial. e. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods providing that a notification in writing is forwarded to the County Manager or his designee at lea~"t 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the APPLICANT is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. APPLICANTS failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. f. Exemptions for agricultural clearing permit. i. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within two years of the permit issuance date, or for operations which can demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemptions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ii. Upon issuance of an agricultural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide AGRICULTURAL USE and maintenance shall be exempted from obtaining additional agricultural clearing permits for that PARCEL providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include Page 123 of 235 --- --,,~. but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Fences, BUILDINGS. and STRUCTURES requiring a BUILDING permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. iii. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or his designee is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; (b) The tree is not a specimen tree; (c) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; (d) The PARCEL is currently engaged in bona fide agriculture, as defined by this Code. (e) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. 2. LAND CLEARING NOTICE. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: a. a legal description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; Page 124 of 235 b. the date on which land clearing will begin; c. the date on which land clearing is expected to be completed; d. a vegetation inventory identifying the acreage of existing NATIVE VEGETATION on site prior to any site clearing; and e. a signed agreement acknowledging the 25-year prohibition on the creation of TDR CREDITS from land cleared for agricultural operations after June 19, 2002, as set forth in section 2.03.07; and f. if the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-AGRICULTURAL USES within 25 years after the clearing occurs, the property shall become subject to the requirements of Sections 3.05.07, as provided in Section 3.05.02. E. ENFORCEMENT AND PENAL TIES. 1. FINES. a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. b. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 D., to put the subject premises into a bona fide AGRICULTURAL USE shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action Page 125 of 235 _.,-- '- to enjoin the removal of vegetation in violation of this Code. 2. RESTORATION STANDARDS. If an alleged violation of this Code has occurred and upon agreement between the County Manager or his designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting' standards: i. In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural GRADE. ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. iii. All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a seven foot crown spread and have a minimum dbh of three inches. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. A maintenance provision of no less than three years must be provided in the restoration plan to control invasion of EXOTIC VEGETATION (those species defined as EXOTIC VEGETATION by the Collier County Land DEVELOPMENT Code). v. It shall be at the discretion of the County Manager or his designee to allow for any deviation from the above specified ratio. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on ADJACENT properties. c. The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses Page 126 of 235 shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the ADJACENT property at the discretion of the County Manager or his designee. d. If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. e. In the event of impending DEVELOPMENT on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent DEVELOPMENT. For the purposes of this ordinance, impending DEVELOPMENT shall mean that a developer has made application for a DEVELOPMENT ORDER or has applied for a BUILDING permit. f. The County Manager or his designee may, at his discretion, allow the replacement stock to be planted off-site where impending DEVELOPMENT displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the County Manager or his designee. g. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3. CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS. a. MITIGATION i. The person(s) responsible for violations of the environmental sections of the Land DEVELOPMENT Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to DEVELOPMENT services staff for review and Page 127 of 235 -'"~ -- ,---~ ."-' comment. Once the plan is accepted by DEVELOPMENT services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off- site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from tutu re DEVELOPMENT. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for WETLANDS. iii. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (DIAMETER AT BREAST HEIGHT) in inches removed shall be required. v. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. vi. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family LOTS have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of BUILDING permit, the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical BUILDING permit. b. REQUIREMENTS FOR A MITIGATION PLAN. i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of Page 128 of 235 ownership clearly demonstrating ownership and control of the subject LOT or PARCEL of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 10.02.02 A.3. iii. The, plan shall designate the person's name, address and telephone number that prepared the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. The plan shall identify what is ADJACENT to the mitigation areas, i.e. existing forest (provide type), farm, natural BUFFER area, lake, etc. c. SITE-SPECIFIC REVIEW CRITERIA. i. All plants used for mitigation shall be native Florida species. ii. All plants used for mitigation shall be from a legal source and be graded Florida No.1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet Page 129 of 235 -- -.-.- ---.." tall at the time of planting and shall have a minimum dbh (DIAMETER AT BREAST HEIGHT) of three inches. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control PROHIBITED EXOTIC VEGETATION (section 3.05.07) in the mitigation area shall be required. d. COUNTY REVIEW OF MITIGATION PLAN i. DEVELOPMENT services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the APPLICANT can correct the plan and resubmit for county review. e. MONITORING AND REPLANTING. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one- year intervals. ii. Eighty percent survival by species shall be required for a five-year period unless other Page 130 of 235 arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation. plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. f. DONATION OF LAND OR FUNDS. The donation of land and/or funds to a public agency may be made if none of the above are viable aitematives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections . 10.02.06 E.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or his designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). Page 131 of 235 ,..~ .-..-...- -- F. Wel/field CONDITIONAL USE permit and standards 1. Petition. a. Owners/operators of a proposed regulated DEVELOPMENT for which a wellfield CONDITIONAL USE permit will be required to locate the proposed regulated DEVELOPMENT within any zone, may petition the board for a wellfield CONDITIONAL USE permit exempting the DEVELOPMENT from the prohibitions set forth in section 3.06.12 hereof, as provided in this section. b. Owners/operators shall submit the application for wellfield CONDITIONAL USE permit to the county manager on forms prepared by the department. 2. Criteria. a. The owner/operator shall demonstrate by the preponderance of substantial competent evidence that: i. The DEVELOPMENT has or can satisfy all requirements for a certificate to operate; ii. Special or unusual circumstances exist which are peculiar to the particular DEVELOPMENT which are different than any other regulated DEVELOPMENT; iii. Adequate technology exists which will isolate the DEVELOPMENT from the surficial and intermediate AQUIFER systems; or iv. Site-specific hydrogeologic data provides reasonable assurances that the existing water quality in surficial and intermediate AQUIFER systems will not be degraded as a result of the DEVELOPMENT. 3. Conditions of wellfield CONDITIONAL USE permit. a. In granting the wellfield CONDITIONAL USE permit, the board may prescribe any additional conditions and safeguards which it deems necessary to protect the existing well(s), future identified wel/(s) or future' potable water supply resources. Page 132 of 235 b. The wellfield CONDITIONAL USE permit shall incorporate a certificate to operate, which must be renewed or transferred in the same manner as any other certificate to operate as provided in section 10.04.01 B. hereof. 4. Prohibited wellfield CONDITIONAL USE permits. a. No wellfield.~ONDITIONAL USE permit may be construed or otherwise interpreted to legalize a regulated DEVELOPMENT existing on the effective date of this section [November 13, 1991], which is not in compliance with applicable local, state or federal law or regulations. No wellfield CONDITIONAL USE permit or other approval under this section shall be knowingly granted to an existing regulated DEVELOPMENT which is not in compliance with all other applicable local, state or federal law or regulations. 5. Administrative review of wellfield CONDITIONAL USE permit petition. a. The county manager shall review the petition for wellfield CONDITIONAL USE permit for compliance with sections 3.06.12 and 3.06.13 of this division in the same procedural manner as for a certificate to operate. b. If the petition is found not to be in compliance, the county manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the petition. c. Upon a determination by the county manager that the petition is in compliance, or upon receipt of written notice from the petitioner that the petition should be processed as is, the county manager shall render a written recommendation for approval, approval with conditions, or denial of the wellfield CONDITIONAL USE permit. 6. Approval by the board. a. Wellfield CONDITIONAL USE permits which authorize DEVELOPMENT prohibited in the wellfield risk management special treatment protection overlay zones, are subject to careful review and shall include public notice and hearing as set forth in section 10.04.11 A. hereof. . Page 133 of 235 ---~, b. All petitions for wellfield CONDITIONAL USE permits shall be heard by the board as provided in section 10.04.11 A. hereof. 7. Wellfield CONDITIONAL USE permit for public or quasipublic DEVELOPMENT. a. The board, after public hearing, may find that certain existing or proposed public or quasi public regulated DEVELOPMENT is exempted from compliance with this section and may issue a wellfield CONDITIONAL USE permit upon finding that: i. The public benefit to be realized by the proposed or existing regulated DEVELOPMENT outweighs the purpose of this section; and ii. The proposed or existing regulated DEVELOPMENT cannot, for economic or scientific reasons, be relocated elsewhere. b. The scope of any wellfield CONDITIONAL USE permit granted under this section shall be narrow to avoid derogation of the purpose of this section and the board may impose special conditions of approval to ensure implementation of the intent of the same. c. Petitions shall be processed, approved, approved with conditions or denied as any other wellfield CONDITIONAL USE as provided in section 10.02.06 F. hereof. G. Temporary Use Permit Requirements and Issuance. 1. Purpose and intent. Based upon the nature of some uses, their impact on ADJACENT uses, their COMP A TIBILlTY with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a DEVELOPMENT site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. 2. General. The County Manager or his designee, may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and Chapter 5 of the Code. Approvals for such requests shall be based upon, but not limited to, the APPLICANT'S description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on ADJACENT properties. All applications for a temporary use permit shall include a conceptual site plan or a Page 134 of 235 site DEVELOPMENT PLAN (SOP) as provided for within this section. The appropriate required plan and temporary use permit application shall be submitted and approved prior to or simultaneously with the submission of a BUILDING permit application, if required. 3. Film Permit a. Permit required. A permit shall be required for the following activities taking place, in conjunction with com.mercial motion picture, film, television, video or still photography production: the use of set scenery, temporary STRUCTURES or other apparatus, special effects, or closure of public STREETS or accessways. This Code shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filming as a permitted use. b. Application for permit; contents. Any person, firm, corporation, association or governmental entity desiring to obtain a permit shall apply to the County Manager or his designee; and said application shall include but not be limited to the following. i. Name, address (including local address) and telephone number of APPLICANT. ii. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The APPLICANT shall provide to the County Manager or his designee a certificate of insurance evidencing that said insurance is in effect and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Hi. Special effects to be utilized, especially incendiary or explosive devices, with proof of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and license from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. iv. Locations, dates and hours of filming. Page 135 of 235 v. The following information is required by the County Manager or his designee, unless waived: a) A conceptual plan indicating the location of film events and parking facilities provided. b) Plans for construction or utilization of STRUCTURES on subject site(s). c) Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition. d) A description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting. e) A description of any use which may encroach into environmentally sensitive areas. f) Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production. g) Necessity for closures of public STREETS or SIDEWALKS and for what duration and location. h) An indication of any utilization of aircrafUfixed-wing, helicopter. or balloons at the subject site(s). i) List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. j) Provisions for traffic control, fire safety and security precautions. k) If located on private property, not under the county's ownership or control, a written notarized agreement from the property owner to allow the filming to occur on his property. I) Additional information requested to assist Collier County in obtaining future film production. Page 136 of 235 c. Insurance requirements. The APPLICANT shall maintain in force at all times during the permit period, a comprehensive general liability policy with limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii. above of this Code as determined by the risk management director upon a review of the particular circumstances involved. Said APPLICANT shall provide to the County Manager or his designee a certificate of insurance as evidenced that said insurance is in existence and certifying that Collier County is a named insured, and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for filming on private property will be at the discretion of the affected property owner. d. Indemnification. The APPLICANT shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of APPLICANT under a permit issued hereupon in the form and manner provided by the County Manager or his designee. e. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county- owned land or facilities shall be in effect. f. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the County Manager or his designee, the permit may be issued. If the County Manager or his designee determines that the use of public or private property could affect the public's use of the property, or have potential ADVERSE IMP ACTS on surrounding properties, then he may require that the permit application be scheduled for a public hearing before the board of county commissioners. The special circumstances could include, but are not limited to, closure of a public STREET or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. g. Suspension of permit. Failure to comply' with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until Page 137 of 235 --~. such time as the noncompliance is remedied. The suspension shall be initially communicated verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. h. Costs for extraordinary services. The county shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not limited to, charges for personnel and/or equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the APPLICANT prior to issuance of this permit. The county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the APPLICANT, respectively. i. Surety bond. A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or his designee to provide for cleanup and/or restoration of the subject site(s). 4. Temporary sports events, religious events, and community events. a. In the case of sports events, religious events, community events, or other similar events sponsored by profit, nonprofit, charitable, civil, or membership organizations the County Manager or his designee may grant nonrenewable permits of up to two weeks' duration, such that during any calendar year the sum total of all permits for such events does not exceed 28 days. Temporary permits may be allowed for an additional period of up to four weeks when approved by the board of county commissioners. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the board of county commissioners shall be noted as conditions to the issuance of said permits; and the permittee shall be required to SIGN a notarized agreement to said stipulations or constraints. b. Temporary permits may, in support of the use being permitted, include the placement of SIGNS, merchandise, STRUCTURES Page 138 of 235 and equipment, and a MOBILE HOME as an office, but not for residency. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Land DEVELOPMENT Code and shall be subject to the penalties therein. c. Temporary permits in this category shall be restricted to those zoning districts in whiq,~ the use would normally be permitted, unless otherwise approved by the board of county commissioners via a public petition request. d. The County Manager or his designee shall accept without fee, temporary use permit applications for sports events, religious events, community events, or other similar events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large, a specific group of individuals, or the bona fide nonprofit organization. Two such events per calendar year per organization are eligible for this exemption. H. Coastal Construction SETBACK LINE Permits. The following activities seaward of the coastal construction SETBACK LINE shall not require a hearing by the board of county commissioners, but shall require a coastal construction SETBACK LINE permit. Such permit shall be reviewed and approved administratively by site DEVELOPMENT review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction of a DUNE walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of six feet. b. A minimum separation of 200 feet between walkovers when two 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. Page 139 of 235 _.~ 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 two years professional experience are in the State of Florida. 3. Penalty and civil remedies. c. Penalty for a violation of section 9.04.06 . Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: i. Setting up of any STRUCTURES , prior to daily sea turtle monitoring, 2) failing to remove all STRUCTURES from the BEACH by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. ii. BEACH front property owners who leave BEACH furniture unattended on the BEACH between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third violation: $2,500.00 fine. More than three violations: $5,000.00 fine. I. Vehicle on the BEACH Regulations 1. Unlawful to drive on sand DUNES or BEACH or to disturb sand DUNE. It shall be unlawful: Page 140 of 235 a To operate or cause to be operated a hand-, animal-, or engine- driven wheel, track or other vehicle or implement on, over or across any part of the sand DUNES, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as "the BEACH" within Collier County, Florida. b. To ALTER or cause to be altered any sand DUNE or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise ALTER existing ground elevations or condition of such DUNE without first securing a permit as provided for in this Code. 2. Exceptions; permit. All permits to allow operation of vehicles on county BEACHES shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 1.3 below. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties shall be exempt from the provisions of this division. b. Vehicles which must travel on the BEACHES in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89- 16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to ACCESS and egress the BEACH, shall be exempt from the provisions of this division if a permit has been obtained from the environmental services department director or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with the vehicle and available for inspection. The procedure for obtaining such a permit shall be by application to the environmental services department director in writing stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the BEACHES in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89- Page 141 of 235 _ ."". -,_._-- 16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and permit for such vehicle or vehicles shall be issued by the environmental services department director if the environmental services department director is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons shall be exempt from the provisions of this division. d. Vehicle-on-the-BEACH permits issued in conjunction with special or annual BEACH events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial HOTEL property. Vehicles which are used in conjunction with functions on the BEACH, are exempt from the provisions of this division if a vehicle-on the-BEACH permit has been granted by the environmental services director or his designee. All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include A TVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with large pneumatic tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for A TVs when environmental services department staff has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the DUNE walkover for loading and Page 142 of 235 unloading and the A TV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the BEACH. vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the BEACH until after completion of daily sea turtle monito.,ring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) there shall be no use of vehicles for set up of chairs or HOTEL or commercial BEACH equipment, etc. until after the BEACH has been monitored; 3) one ingress/egress corridor onto and over the BEACH, perpendicular to the SHORELINE from the owner's property, shall be designated by the Collier County Environmental Services Department (ESD); additional corridors may be approved when appropriate and necessary as determined by the ESD; a staging area may be approved for large events as determined by the ESD and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime ESD determines that the designated corridor may cause ADVERSE IMPACTS to the BEACH, nesting sea turtles, or the ability of hatchlings to traverse the BEACH to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the ESD, the veh icle-on-the-BEACH permit may be suspended for the remaining period of the sea turtle season. vii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding BEACH renourishment and maintenance activities). Prior to beginning construction in proximity to a sand DUNE for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the DUNE. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 1.3. Page 143 of 235 ~-~-"- ~--- f. BEACH raking and mechanical BEACH cleaning. I. BEACH raking and mechanical BEACH cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. BEACH raking and mechanical BEACH cleaning must comply with the provisions of section 10.02.06 I. of this Chapter. iii. BEACH raking and mechanical BEACH cleaning shall not interfere with sea turtle nesting, shall preserve or replace any NATIVE VEGETATION on the site, and shall maintain the natural existing BEACH profile and minimize interference with the natural BEACH dynamics and function. iv. BEACH raking and mechanical cleaning shall not occur below MHW on the wet sand area of BEACH which is covered by high tide and which remains wet during low tide. BEACH raking and mechanical BEACH cleaning shall not operate or drive within 15 feet of DUNE vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of DUNE vegetation and endangered plant and animal communities, including sea turtle nests. v. BEACH raking and mechanical BEACH cleaning devices shall not disturb or penetrate BEACH sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct BEACH raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct BEACH raking upon approval of the ESD or designee. vii. Mechanical BEACH cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the public utilities engineering department and the environmental services department. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. Page 144 of 235 g. Vehicles associated with BEACH nourishment and inlet maintenance. i. Heavy equipment used in conjunction with BEACH nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the CDES administrator, which ca,nnot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. BEACH tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, CCESD and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the BEACHES shall occur during sea turtle nesting season. 3. Operation of vehicles on the BEACH during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self- propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal BEACHES above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division. Permits issued pursuant to this division are not intended to authorize any violation of F .S. S 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the BEACH during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Page 145 of 235 -...-- -- Notwithstanding the penalties set forth elsewhere in this Code, violations of this division are subject to the following penalties: a. Violations of section 10.02.06 1.2.f above which do not occur during sea turtle nesting season, Le., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure. c. Major infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1000.00 fine and a suspension of permitted activities, including but not limited to: BEACH raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: BEACH raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: BEACH raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10.02.06 I., which do not occur during sea turtle nesting season, Le., occur outside .of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 I. which occur during sea turtle Page 146 of 235 nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and' include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy No BUILDING or land ALTERATION permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (Chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. Regulatory program: review of DEVELOPMENT to ensure adequate public facilities are available, including the Transportation CONCURRENCY Management System. A. General. In order to ensure that adequate potable water, sanitary sewer, SOLID WASTE, drainage, park and road pUblic facilities are available concurrent with when the impacts of DEVELOPMENT occur on each public facility , Collier County shall establish the following DEVELOPMENT review procedures to ensure that no DEVELOPMENT ORDERS subject to CONCURRENCY regulation are issued unless adequate public facilities are available to serve the proposed DEVELOPMENT. B. Exemptions. The following DEVELOPMENT ORDERS and DEVELOPMENT shall be exempt from the terms of this section: 1. All valid, unexpired final DEVELOPMENT of regional impact (DRI) DEVELOPMENT ORDERS which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: a. DEVELOPMENT conditions or stipulations applicable to CONCURRENCY, or the provision of adequate public facilities concurrent with the impacts of DEVELOPMENT, exist in the DRI DEVELOPMENT ORDER; b. Substantial deviations are sought for a DRI DEVELOPMENT ORDER, and then, this section shall apply only to those portions of the DEVELOPMENT for which the deviation is sought; Page 147 of 235 ._w. ._._ .-.,.+......-. -. c. The county can demonstrate pursuant to F.S. 9 380.06, that substantial changes in the conditions underlying the approval of the DEVELOPMENT ORDER have occurred or the DEVELOPMENT ORDER was based on substantially inaccurate information provided by the developer or that the application of this section to the DEVELOPMENT ORDER is clearly established to be essential to the public health, safety and welfare; or d. The new requirements would not so change or ALTER a ORI DEVELOPMENT ORDER that they would materially or substantially affect the developer's ability to complete the DEVELOPMENT authorized by the ORI DEVELOPMENT ORDER. 2. Construction of public facilities that are consistent with the Collier County Growth Management Plan. 3. Temporary construction and DEVELOPMENT permits and any subsequent renewals not to exceed a cumulative period of one 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 one year. 6. DEVELOPMENTS that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations, and properly obtains, a determination of vested rights for a certificate of public facility adequacy in accordance with the provisions of this section, as follows: a. Application. An application for determination of vested rights for a certificate of public facility adequacy shall be submitted in the form established by the Community DEVELOPMENT and Environmental Services ~ivision Administrator. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: Page 148 of 235 i. Name, address, and telephone number of the owner and authorized APPLICANT if other than the owner; ii. STREET address, legal description, and acreage of the property; and iii. All factu~1 information and knowledge reasonably available to the owner and APPLICANT to address the criteria established in subsection.1 0.02.07 B.6.g. of this Code. b. Determination of completeness. After receipt of an application for determination of vested rights for a certificate of public facility adequacy, the Community DEVELOPMENT and Environmental Services Division Administrator shall determine whether the application submitted is complete. If he determines that the application is not complete, the Community DEVELOPMENT and Environmental Services Division Administrator shall notify the APPLICANT in writing of the deficiencies. The Community DEVELOPMENT and Environmental Services Division Administrator shall take no further steps to process the application until the deficiencies have been remedied. c. Review and determination or recommendation by Community DEVELOPMENT and Environmental Services Division Administrator and the County Attorney. After receipt of a completed application for determination of vested rights for a certificate of public facility adequacy, the Community DEVELOPMENT and Environmental Services Division Administrator and the County Attorney shall review and evaluate the application in light of all of the criteria in section 10.02.07 B.6.g. Based on the review and evaluation, the Community DEVELOPMENT and Environmental Services Division Administrator and the County Attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in section 10.02.07 B.6.g. to the extent that information is represented or obtained or inclusion feasible or applicable. If the Community DEVELOPMENT and Environmental Services Division Administrator and the County Attorney agree based on the review and evaluation that the application for determination of vested rights for a Page 149 of 235 ~."-,- certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in sections 10.02.07 B.6.d., 10.02.07 B.6.e. and 10.02.07 B.6.f. however, any such stipulated determination shall be in writing, signed by the Community DEVELOPMENT and Environmental Services Division Administrator, the County Attorney and the owner, and shall include findings of fact based on the criteria established in section 10.02.07 B.6.g., conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. d. Review and determination of vested rights determination for a certificate of public facility adequacy by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for a certificate of public facility adequacy and the written recommendation of the Community DEVELOPMENT and Environmental Services Division Administrator and the County Attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in section 10.02.07 B.6.g. of this Code, and shall follow the rules of procedure set forth in F.S. 9 120.57(1 )(b), 4,6,7, and 8; F.S. 9 120.58(1)(a),(d) and (f); and F.S. 9 120.58(1)(b), only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. except as expressly set forth herein. The parties before the hearing officer shall include the county, the owner or APPLICANT, and the public. Testimony shall be limited to the matters directly relating to the standards set forth in section 10.02.07 B.6.g. of this Code. The County Attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its AUTHORIZED AGENTS, may offer such evidence at the public hearing as, is relevant to the proceedings and criteria. The order of presentation before the hearing officer at the public hearing shall be as follows: 1) the county's summary of the application, written Page 150 of 235 recommendation, witnesses and other evidence; 2) owner or APPLICANT witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any; and 5) APPLICANT rebuttal, if any. e. Issuance of vested rights determination for a certificate of public facility adequacy by hearing officer. Within 15 working days after the completion of the public hearing under section 10.02.07 B.6.g. of this Code the hearing officer shall consider the application for determination of vested rights for a certificate of public facility adequacy, the recommendation of the Community DEVELOPMENT and Environmental Services Division Administrator and the County Attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in section 10.02.07 B.6.g. of this Code, and shall deny, grant, or grant with conditions the application for determination of vested rights for a certificate of public facility adequacy for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in section 10.02.07 B.6.g. of this Code, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. f. Appeal to the Board of County Commissioners. Within 30 days after issuance of the hearing officer's written determination of vested rights for a certificate of public facility adequacy, the County Attorney, the Community DEVELOPMENT and Environmental Services Division Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a certificate of public facility adequacy of the hearing officer to the Board of County Commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its AUTHORIZED AGENT. The Board of County Commissioners shall adopt the hearing officer's determination of vested rights for a certificate of public facility adequacy, with or without modifications or conditions, or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy. The Board of County Commissioners shall not be authorized to modify or reject the hearing officer's determination of vested Page 151 of 235 ---- ~-,- ,~-_. rights for a certificate of public facility adequacy unless the Board of County Commissioners finds that the hearing officer's determination is not supported by substantial competent evidence in the record of the hearing officer's public hearing or that the hearing officer's determination of vested rights for a certificate of public facility adequacy is contrary to the criteria established in section 10.02.07 B.6.g. of this Code. g. Criteria for vested rights. This section is intended to strictly adhere to and implement existing case law as it relates to the doctrine of vested rights and equitable estoppel as applied to a local government exercising its authority and powers in zoning, the provision of adequate public facilities concurrent with DEVELOPMENT (CONCURRENCY), and related matters. It is the express intent of Collier County to require application of the provisions of this section to as much DEVELOPMENT and property in the unincorporated areas of the county as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory law, particularly F.S. 9 163.3167(8). The criteria herein provided shall be considered in rendering a vested rights determination under this subsection. It is intended that each case be decided on a case-by-case factual analysis. An owner shall be entitled to a positive determination of vested rights for a certificate of public facility adequacy only if he demonstrates by substantial competent evidence that he is entitled to complete his DEVELOPMENT without regard to the otherwise applicable provisions of this section based on the provisions of F.S. 9 163.3167(8), or all three of the following requirements of the three-part test under Florida common law: 1) upon some act or omission of the county, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would by highly inequitable and unjust to destroy the rights acquired. h. Limitation on determination of vested rights for a certificate of public facility adequacy. A determination of vested rights for a certificate of public facility adequacy which grants an application for determination of vested rights for a certificate of public facility adequacy shall expire and be null and void unless construction is commenced pursuant to a final DEVELOPMENT ORDER, final SUBDIVISION plat, or Page 152 of 235 final site DEVELOPMENT PLAN, within two years after the issuance of the determination of vested rights for a certificate of public facility adequacy under section 10.02.07 B.6.g. or unless substantial permanent BUILDINGS have been, or are being constructed or installed pursuant to a valid, un.expired, final DEVELOPMENT ORDER of Collier County within two years after issuance of the determination of vested rights for a certificate of public facility adequacy under section 10.02.07 B.6.g., and such DEVELOPMENT pursuant to a final DEVELOPMENT ORDER, final SUBDIVISION plat, final site DEVELOPMENT PLAN, final SUBDIVISION master plan, or planned unit DEVELOPMENT master plan is continuing in good faith. The aforementioned two-year time limitation on the determination of vested rights for a certificate of public facility adequacy shall be stayed during any time periods within which commencement of construction pursuant to a final DEVELOPMENT ORDER, final SUBDIVISION olat, or final site DEVELOPMENT PLAN is prohibited or deTHred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this section. C. Certificate of public facility adequacy. 1. General. a. A certificate of public facility adequacy shall be issued concurrently with the approval of the next to occur FINAL LOCAL DEVELOPMENT ORDER. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to 10.02.07 C.1.e., and such funds will be immediately available for appropriation to implement capital road facility improvements. Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of BUILDING permits at the rate then currently applicable. b. Annual Traffic/PUD Monitoring Report. On [the effective date of this section's amendment], all PUDs which are less than 90 percent built-out, must annually submit a report detailing their progress toward build-out of the DEVELOPMENT. The traffic report must be submitted as part of the annual PUD monitoring report on the anniversary date of the PUD approval by the Board per section 10.02.12 Page 153 of 235 --_.,,-,_. ..._~- LOC. The written report must be submitted to, and be in, a format established by the Transportation Administrator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. TrafficlPUO Monitoring Reports which are more than ninety (90) days past due will result in the suspension of FINAL LOCAL DEVELOPMENT ORDER issuance for the PUO pending receipt of the Report. '.. c. Where the proposed DEVELOPMENT has been issued final SUBDIVISION plat approval or final site DEVELOPMENT PLAN approval prior to the effective date of this section, Le., on or about November 3, 1993, a certificate of public facility adequacy shall be obtained prior to approval of the next DEVELOPMENT ORDER required for the proposed DEVELOPMENT. d. Estimated transportation impact fees for a DEVELOPMENT shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the FINAL LOCAL DEVELOPMENT ORDER(s) for the DEVELOPMENT upon or prior to issuance of a certificate of public facility adequacy for the DEVELOPMENT. DEVELOPMENTS that have paid estimated impact fees for all Category "A" facilities prior to the [effective date of this section's amendment], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the FINAL LOCAL DEVELOPMENT ORDER(s) for the DEVELOPMENT. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to [the effective date of this section's amendment] shall be refundable upon written request to the Community DEVELOPMENT and Environmental Services Division Administrator accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of FINAL LOCAL DEVELOPMENT ORDER(S) for the DEVELOPMENT. Fees paid into ,applicable impact fee trust accounts as a prerequisite to the issuance of FINAL LOCAL DEVELOPMENT ORDER(s) prior to the [effective date of this section's amendment] in accordance with the Page 154 of 235 applicable consolidated impact fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the Finance Director, Clerk of Courts. e. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of notification by facsimile that an application for a FINAL LOCAL DEVELOPMENT ORDER has been approved and a certificate issued, an APPLICANT may pick up the certificate upon payment of one-half (50 percent) of the estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the APPLICANT must reenter the application process from the beginning. Transportation impact fees for residential DEVELOPMENT will be estimated using the fee based on the mid-range housing size, unless the residential use qualifies as AFFORDABLE HOUSING. AFFORDABLE HOUSING estimated transportation impact fees shall be based on the income limitations for AFFORDABLE HOUSING in force at the time of a certificate of public facility adequacy application. Additionally, previously vested DEVELOPMENTS may, pursuant to section 10.02.07 C.1. elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests the DEVELOPMENT entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. Not later than 90 days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of BUILDING permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the certificate applies or modify the certificate to a lesser entitlement and Page 155 of 235 " --. -..-.. -'...., --,,- -.- calculate the balance of the transportation impact fees on the revised entitlements. The certificate of public facility adequacy shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. The expiration date for the remaining, up to 50 percent, balance of the estimated transportation impact fees due from a previously vested DEVELOPMENT that opts into the revised CONCURRENCY certificate process as provided in section 10.02.07 C.1. of this Code, will relate back to the date of issuance of the original certificates. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. However, the certificate of public facility adequacy runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As BUILDING permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each BUILDING permit in full prior to its issuance. 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 to another approved project within the same, or ADJACENT, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under section 10.02.07 C.1. of this Code subsequent to the [effective date of this section's amendment] will run in perpetuity provided provisions of subsection 10.02.07 C.1.e. of this Code are met and that annual mid-year monitoring reports are filed which comply with section 10.02.07 C.1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current DEVELOPMENT infrastructure improvement construction commitment schedule. a. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for Page 156 of 235 a FINAL LOCAL DEVELOPMENT ORDER subject to section 10.02.07 C.1. of this Code. b. Impact Fees. A complete application for a certificate of public facility adequacy will include the calculation of the total amount of transportation impact fees estimated to be due by the APPLICANT on the DEVELOPMENT for which a FINAL LOCAL DEVELOPMENT ORDER application has been submitted. Impact fee calculations will be reviewed and the amount estimated to be paid pursuant to section 10.02.07 C.1.e. of this Code finally determined by the impact fee coordinator. One-half (50 percent) of the estimated payment will be due at the time of notification of approval of the FINAL LOCAL DEVELOPMENT ORDER and will be deposited into the applicable impact fee trust fund and will be immediately available for appropriation by the Board of Cou nty Commissioners for transportation capital improvements. Final calculation of impact fees due will be based on the intensity of DEVELOPMENT actually permitted for construction and the impact fee schedule in effect at the time of the issuance of BUILDING permit(s); such that additional impact fees may be due prior to issuance of the BUILDING permit(s). The balance of transportation impact fees shall be due as provided for in section 10.02.07 C.1 of this Code. c. Consolidated application. A FINAL LOCAL DEVELOPMENT ORDER shall receive final approval only to the extent to which the proposed DEVELOPMENT receives a certificate of public facility adequacy. The application for a certificate of public facility adequacy may only be submitted with an application for FINAL LOCAL DEVELOPMENT ORDER approval, where appropriate under this section. An application for a certificate of public facility adequacy will receive final approval and a certificate will be issued concurrently with approval of a FINAL LOCAL DEVELOPMENT ORDER as set forth in section 10.02.07 C. 1.e. of this Code. d. Assignability and transferability. An approved certificate of public facility adequacy shall run with the land associated with the corresponding DEVELOPMENT approval, and 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 Page 157 of 235 ----> . DEVELOPMENT AGREEMENT. This provision does not preclude the re-allocation of capacity between LOTS or PARCELS comprising the land that is the subject of the same consolidated application for DEVELOPMENT approval so long as the original certificate is surrendered along with a written request to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate. e. Expiration. A certificate of public facility adequacy for "Category A" facilities, except roads, shall expire three years from the date of. its approval except to the extent that BUILDING permits have been issued for the proposed DEVELOPMENT for which the certificate is approved or a final SUBDIVISION plat has been approved and recorded, and the proposed DEVELOPMENT is then completed pursuant to the terms of the Collier County BUILDING Code or as provided in section 10.02.07 C.1. of this Code, refund of impact fees, except for certificates issued pursuant to section 10.02.07 C.1. of this Code, will be subject to the provisions of the consolidated impact fee trust fund ordinance. The expiration date of a re-issued certificate re- allocating capacity to different LOTS or PARCELS in the same DEVELOPMENT will relate back to, and be calculated from, the original certificate's date of issuance. i. For large DEVELOPMENTS as indicated below, a five year certificate of public facility adequacy for "Category AU facilities, except roads, may be obtained provided the developer enters into an enforceable DEVELOPMENT AGREEMENT with the county. DEVELOPMENTS comprised of more than 500 residential DWELLING UNITS, or a phased increment of DEVELOPMENT comprised of more than 150 residential DWELLING UNITS, or a commercial/industrial DEVELOPMENT of more than 100,000 square feet of gross leasable area is considered to be a large DEVELOPMENT. A certificate of public facility adequacy for a large DEVELOPMENT shall expire five years from the date of its approval except to the extent that BUILDING permits have been issued for the proposed DEVELOPMENT for which the certificate is approved, and the proposed DEVELOPMENT is then completed pursuant to the terms of the Collier County BUILDING Code. Page 158 of 235 f. Effect. Issuance of a certificate of public facility adequacy shall demonstrate proof of adequate public facilities to serve the DEVELOPMENT approved in the DEVELOPMENT ORDER, subject to the conditions in the DEVELOPMENT ORDER. A subsequent application for DEVELOPMENT approval for DEVELOPMENT approved in a DEVELOPMENT ORDER for which a certificate of public facility adequacy has been approved shall be determined to have adequate public facilities as long as the certificate of public facility adequacy is valid and unexpired. When a certificate of public facility adequacy expires, any subsequent application for DEVELOPMENT approval shall require a new certificate of public facility adequacy to be issued pursuant to the terms of this section prior to approval of any subsequent DEVELOPMENT ORDER for the proposed DEVELOPMENT. Application for approval of a certificate of public facility adequacy for subsequent or continuing DEVELOPMENT once a certificate has expired shall be based on public facility availability at the time of the new application. Under no circumstances shall a certificate of public facility adequacy be automatically renewed. 3. Effect of DEVELOPMENT AGREEMENT in conjunction with a certificate of public facility adequacy. Upon approval by the Board of County Commissioners, any APPLICANT shall enter into an enforceable DEVELOPMENT AGREEMENT with Collier County pursuant to the provisions of F.S. 99 163.3220 -- 163.3242 or other agreement acceptable to the Board of County Commissioners, in conjunction with the approval of a DEVELOPMENT ORDER and/or a certificate of public facility adequacy. The effect of the DEVELOPMENT AGREEMENT shall be to bind the parties pursuant to the terms and conditions of the DEVELOPMENT AGREEMENT and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed DEVELOPMENT concurrent with when the impacts of the DEVELOPMENT occur on the public facilities. 4. Procedure for review of application. a. Submission of applications and fees. The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the Community DEVELOPMENT and Environmental Services Division Administrator. Such applications shall be submitted at the filing for the next FINAL LOCAL DEVELOPMENT ORDER as specifically provided for under section 10.02.07 C.1. All Page 159 of 235 _",..~ _n --- -,-..-. ~,,_. -~-'~ other applications for a certificate (i.e., except for road facilities) shall be submitted at BUILDING permit along with final payment for any impact fees owed, including any road impact fees. Application fees in an amount to be determined by the board of county commissioners shall accompany and be part of the applications. b. Application contents. The form and contents for the application for public facility adequacy, except for the road component, shall be established by the Community DEVELOPMENT and Environmental Services Division Administrator. In all cases, the APPLICANT shall provide a facsimile number at which communications and notifications from the county to the APPLICANT may be sent. The form and contents for the application for public facility adequacy for the roadway component shall be established by the Transportation Services Division Administrator. Complete applications in their entirety are necessary to allow proper and adequate review by both the Community DEVELOPMENT and Environmental Services Division and the Transportation Services Division. The form and contents for applications shall be published and made available to the general public. c. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community DEVELOPMENT and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the Community DEVELOPMENT and Environmental Services Division Administrator and Transportation Services Division Administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile shall be provided to the APPLICANT specifying the deficiencies. The Community DEVELOPMENT and Environmental Services Division Ad ministrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The APPLICANT shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 business days after any application Page 160 of 235 for a certificate except for road facilities is received and the application is determined to be complete, the Community DEVELOPMENT and Environ mental Services Division Administrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in section 10.02.07 C.S. of this Code. The Transportation Services Administrator shall ,review and grant, or deny a certificate of public facility adequacy for roads within 20 business days after the application is determined to be complete, subject to the approval of the final DEVELOPMENT ORDER. d. Appeal of public facilities determination. Within 30 days after issuance of the determination of the Community DEVELOPMENT and Environmental Services Division Administrator and/or the Transportation Services Division Administrator on the application for a certificate of public facility adequacy, the APPLICANT may appeal the determination of to the Collier County Board of County Commissioners. A fee for the application and processing on an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the APPLICANT for a third party evaluation. The third party shall be an outside consultant who has been previously approved by the county for the pu rpose of providing independent review and recommendations on public facil ity adequacy determinations. The Board of County Commissioners shall hold a hearing on the appeal and shall consider the determination of the Community DEVELOPMENT and Environmental Services Division Administrator and the Transportation Services Division Administrator, independent third party testimony and public testimony in light of all the criteria set forth in section 10.02.07 C.S. The Board of County Commissioners shall adopt the Community DEVELOPMENT and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination on the application for a certificate of public facility adequacy with or without modifications or conditions, or reject the Community DEVELOPMENT and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination. The Board of Cou nty Commissioners shall not be authorized to modify or reject the . Community DEVELOPMENT and Environmental Services Division Administrator's and the Transportation Page 161 of 235 "~'-""-"" -"._.. .. -.--- -.....- ~""~- , ,,_._-~ Services Division Administrator's determination unless the Board of County Commissioners finds that the determination is not supported by substantial competent evidence or that the Community DEVELOPMENT and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination is contrary to the criteria established in section 10.02.07 C.5. of this code. The decision of the Board of County Commissioners shall include findings of fact for each of the criteria. e. Approval of certificate; payment for, and cancellation of certificates. Upon notification by facsimile by the Community DEVELOPMENT and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, one-half (50 percent) of the estimated transportation impact fees shall be paid. If the APPLICANT does not pick up the certificate and pay all applicable transportation impact fees within 90 days of notification by facsimile, the certificate will be voided. In such a case, the APPLICANT shall then be required to apply for issuance of a new certificate. All Collier County impact fees are due and payable at BUILDING permit issuance based on the applicable rate STRUCTURE at that time. f. Traffic Capacity Reservation for all or part of the proposed DEVELOPMENT may be approved and secured at application pending approval of the final sub-division plat, site DEVELOPMENT PLAN or BUILDING permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed DEVELOPMENT by the CDES Division. The Transportation Administrator will notify the APPLICANT of any traffic capacity reservation via facsimile per section 10.02.07 C.4.c. Traffic capacity reservations will be awarded to the DEVELOPMENT upon: approval of the COA and final DEVELOPMENT ORDER per section 10.02.07 C.4.e. payment of road impact fees in accordance with section 10.02.07 C.4.e.; and Proportionate Share Payment, if applicable, in accordance with section 6.02.01. Traffic capacity reservations approved under this section will expire in one (1) year, from TIS approval and determination of available capacity, unless the FINAL LOCAL DEVELOPMENT ORDER for the DEVELOPMENT Page 162 of 235 is approved, or the Board approves an extension to the one (1) year time period. g. Proportionate Share Payments. Proportionate share payments may be used to mitigate the impacts of a DEVELOPMENT on a deficient roadway link by more than a de minimis amount within a Transportation CONCURRENCY Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of CONCURRENCY for a proposed project within a TCMA and do not influence the CONCURRENCY determination process. DEVELOPMENT of an individual single family residence will not be required to contribute or make a proportionate share payment under this section. i. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient Iink/SV increase x cost = proportionate share 1. Project trips = cumulative number of the trips from the proposed DEVELOPMENT expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved. 2. SV increase = the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted LEVEL OF SERVICE. Page 163 of 235 .-.--- 3. Cost = cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted LEVEL Of SERVICE. Construction cost includes all improvement associated costs, including engineering design, RIGHT-Of-WAY acquisition, planning, engineering, inspection, and other associated physical DEVELOPMENT costs directly required and associated with the construction of the improvement. ii. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/facility type as determined by the Collier County Transportation Administrator. 5. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for each public facility component (potable water, sanitary sewer, SOLID WASTE, drainage, parks and roads). a. Potable water facilities. i. The potable water component shall be granted if any of the following conditions are met: (a) The required public facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (b) The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (c) The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of section 10.02.07 above of this Code. b. Sanitary sewer facilities. Page 164 of 235 i. The sanitary sewer component shall be granted if any of the following conditions are met: (a) The required public facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (b) - The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (c) The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of sections (a) and (b). c. SOLID WASTE facilities. i. The SOLID WASTE component shall be granted if any of the following conditions are met: (a) The required pubic facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (b) The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (c) The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of subsections (a) and (b) above. d. DRAINAGE FACILITIES. The drainage component shall be granted if the proposed DEVELOPMENT has a drainage and water management plan that has been approved by the Environmental Services ~ivision that meets the LOS for capital DRAINAGE FACILITIES defined in section 6.02.01 O. of this Code. e. Park and recreation facilities. Page 165 of 235 -- -~."---'-'-'--'-- ... ".~ --.^ --- i. The parks and recreation component shall be granted if any of the following conditions are met: (a) The required public facilities are in place at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (b) The required public facilities are under construction at the time a final site DEVELOPMENT PLAN, final SUBDIVISION plat or BUILDING permit is issued. (c) The required public facilities are the subject of a binding contract executed for the construction of those public facilities, which provides for the commencement of actual construction within one year of issuance of a final site DEVELOPMENT PLAN, final SUBDIVISION plat or a BUILDING permit. (d) The required public facilities are guaranteed in an enforceable DEVELOPMENT AGREEMENT that includes the provisions of sections (a), (b), and (c) above f. Road facilities. The road component shall be considered based upon whether the proposed DEVELOPMENT is outside a designated ASI or within a designated AS!. i. Road facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the Transportation Impact Statement (TIS), which shall be based upon the provisions of sections 3.02.02 H. and 6.02.02 K. ii. DEVELOPMENT within designated area of significant influence (ASI). For DEVELOPMENT within a designated ASI covering a potentially deficient road segment, the road component shall be approved, subject to available capacity, if it is demonstrated the proposed DEVELOPMENT will not make the potentially deficient road segment within the ASI a deficient road segment. In the instance where Page 166 of 235 the proposed DEVELOPMENT will create a deficient road segment, a certificate of public facility adequacy for the road component shall be approved only for that portion of the DEVELOPMENT that does not create the deficient road segment. For DEVELOPMENT within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the DEVELOPMENT that does not increase the net trips on the deficient road segment and does not further degrade the LOS of the deficient road segment. 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC A. Purpose and intent. This zoning code and the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: B. Initiation of proposals for amendment. A zoning atlas amendment may be proposed by: 1. Board of county commissioners. 2. Planning commission. 3. Board of zoning appeals. 4. Any other department or agency of the county. 5. Any person other than those listed in 1-4 above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application. All proposals for zoning amendments shall be considered first by the planning commission in the manner herein set out. All proposals for zoning amendments shall be submitted in writing to the office of the County Manager or his designee accompanied by all pertinent information required by this zoning code and which may be required by the planning commission for proper consideration of the matter, along with payment of such fees and charges as have been established by the board of county commissioners. No application for zoning amendment shall be Page 167 of 235 __U~". ,~._'''-_. ,~_._~ heard by the planning commission until such fees and charges have been paid. C. Amendments Amendments to this Code may be made not more than two times during any calendar year as scheduled by the county manager, except: 1. Any amendments to the ACCESS Management Plan maps (Appendix V) may be made more often than twice during the calendar year if related' to, and if submitted and reviewed in conjunction with submittal and review of, the following types of DEVELOPMENT ORDERS: Rezoning, PUO amendment, DEVELOPMENT of Regional Impact (ORI) approval, ORI amendment, CONDITIONAL USE, Site DEVELOPMENT PLAN (SOP) approval, SOP amendment, SUBDIVISION approval (including plats, plans, and amendments), construction approval for infrastructure (including water, sewer, grading, paving), and BUILDING Permit (for single family DWELLING only. 2. Amendments to the Code (See section 10.02.10 A. below for requirements ). The procedure for amendment to this Code shall be as provided in section 10.03.05. This Code may only be amended in such a way as to preserve the consistency of the Code with the growth management plan. 10.02.09 Submittal Requirements for Text Amendments to the LDC Amendments to this Code may be made not more than two times during any calendar year as scheduled by the county manager, except: A. Amendments to this Code may be made more often than twice during the calendar year if the Collier County Board of County Commissioners, by at least a super-majority vote, directs that additional amendments be made for specific purposes. 10.02.10 Submittal Requirements for Amendments to DEVELOPMENT ORDERS [RESERVED] 10.02.11. Submittal of Streetlight Plans. A. Streetlights. All STREET lighting plans shall be prepared by an electrical engineer. 10.02.12 BUILDING or Land ALTERATION Permits Page 168 of 235 A. BUILDING or land ALTERATION permit and certificate of occupancy compliance process. 1. Zoning action on BUILDING or land AL TERA TION permits. The County Manager or his designee shall be responsible for determining whether applications for BUILDING or land AL TERA TION permits, as required by the Collier County BUILDING code or this Code are in accord with the requirements of this Code, and no BUILDING or land ALTERATION permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land DEVELOPMENT regulations. For purposes of this section a land ALTERATION permit shall mean any written authorization to AL TER land and for which a BUILDING permit may not be required. Examples include but are not limited to clearing and excavation permits, site DEVELOPMENT PLAN approvals, agricultural clearing permits, and blasting permits. No BUILDING or STRUCTURE shall be erected, moved, added to, ALTERED, utilized or allowed to exist and/or no land AL TERA TION shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County BUILDING code or this Code and no BUILDING or land AL TERATION permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or AL TERATION of any BUILDING, STRUCTURE, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 2. Application for BUILDING or land AL TERA TION permit. All applications for BUILDING or land ALTERATION permits shall, in addition to containing the information required by the BUILDING official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the LOT to be built upon; the sizes and locations on the LOT of BUILDINGS already existing, if any; the size and location on the LOT of the BUILDING or BUILDINGS to be erected, ALTERED or allowed to exist; the existing use of each BUILDING or BUILDINGS or parts thereof; the number of families the BUILDING is designed to accommodate; the location and number of required off-STREET parking and off-STREET LOADING SPACES; approximate location of trees protected by county regulations; changes in GRADE, including details of BERMS; and such other information with regard to the LOT and existing/proposed STRUCTURES as provided for Page 169 of 235 --,-- .. ....._,. --_. - .----- the enforcement of this Land DEVELOPMENT Code. In the case of application for a BUILDING or land ALTERATION permit on property ADJACENT to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific PARCEL of land for which a BUILDING or land ALTERATION permit is requested, which the County Manager or his designee determines may effect the DENSITY or other use relationship of the property, a more recent survey may be required~ Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. 3. Construction and use to be as provided in applications; status of permit issued in error. BUILDING or land ALTERATION permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. BUILDING use arrangement, or construction different from that authorized shall be deemed a violation of this Land DEVELOPMENT Code. a. Statements made by the APPLICANT on the BUILDING or land ALTERATION permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the APPLICANT from strict observance of applicable provisions of this Land DEVELOPMENT Code and all other applicable regulations, ordinances, codes, and laws. b. A BUILDING or land ALTERATION permit issued in error shall not confer any rights or privileges to the APPLICANT to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. 4. Adequate public facilities required. No BUILDING or land AL TERATION permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. 5. Improvement of property prohibited prior to issuance of Page 170 of 235 BUILDING permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a BUILDING permit where the DEVELOPMENT proposed requires a BUILDING permit under this Land DEVELOPMENT Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved SUBDIVISION or site DEVELOPMENT P,~AN to provide for distribution of fill excavated on-site or to, permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 of this Code; removal of EXOTIC VEGETATION shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapter 3 and this Chapter 10. a. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a BUILDING permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 6. Zoning and land use approval required prior to or simultaneously with issuance of BUILDING or land AL TERA TION permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land DEVELOPMENT Code, shall be required prior to obtaining a BUILDING or land ALTERATION permit or to occupying any space of land or BUILDINGS or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. a. For the purposes of determining compliance with the zoning provisions of the Land DEVELOPMENT Code, an approval of a site DEVELOPMENT PLAN pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land DEVELOPMENT Code, including the uses of the BUILDING space upon which applicable off-STREET parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Page 171 of 235 ....... .,.....--. - .-- Land DEVELOPMENT Code. b. In subdivided BUILDINGS each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the BUILDING and the land pursuant to section 10.02.03 and of a zoning certificate issued for the BUILDING and the land, shall be required. c. A zoning certificate shall be required for any use of land or BUILDINGS located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or BUILDINGS. 10.02.13 Planned unit DEVELOPMENT (PUD) procedures. A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to PUD shall be in the form of a PUD master plan of DEVELOPMENT and a PUD document. The plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American I nstitute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements: 1. PUD master plan. The PUD master plan shall include the following information to graphically illustrate the DEVELOPMENT strategy: The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for DEVELOPMENT and redevelopment in the PUD district: a. The title of the project and name of the developer; b. Scale, date, north arrow; c. Boundaries of the subject property, all existing STREETS and pedestrian systems within the site, watercourses, EASEMENTS, land uses and zoning districts of ABUTTING property including book and page numbers of platted PARCELS, section lines, and other important physical features within and adjoining the proposed DEVELOPMENT; d. Identification of all proposed tracts or increments illustrating boundaries within the PUD such as, but not limited to: Page 172 of 235 residential; office and retail; commercial; industrial; institutional; co n servation/preservation; lakes and/or other water management facilities; COMMON OPEN SPACE; types of BUFFERS with a cross-section for any BUFFER which deviates from that which is otherwise required by the. land DEVELOPMENT code; the location and function of all areas proposed for dedication or to be reserved for community and/or public use; and areas proposed for recreational uses including golf courses and related facilities, and provisions for ownership, operation, and maintenance. All non-residential tract dimensions and boundaries shall be illustrated on the master plan; e. Identification of all proposed and permitted land uses pursuant to section 2.03.06 of this Code within each tract or increment describing: acreage; proposed number of DWELLING UNITS; proposed DENSITY and percentage of the total DEVELOPMENT represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leaseable floor area and an outline of the proposed BUILDING footprint and an indication of the proposed BUILDING height for each STRUCTURE within the individual tracts or increments. Descriptions of the relationship of the proposed land uses to each other within the PUD and to land uses ABUTTING/surrounding the project; f. The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions; g. The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with ABUTTING uses; h. Typical cross sections of all major, collector, and local STREETS, public or private, within the PUD; i. The location of proposed and existing roads, RIGHTS-OF-WAY, and pedestrian systems within 1,500 feet of the proposed PUD; j. The overall acreage and proposed GROSS DENSITY for the PUD; k. Information on previous and recent uses of land; I. Proposed vehicular ingress and egress points; m. Any other relevant information determined to be necessary by Page 173 of 235 ---- .."~,_.--- -.".-- the planning services department director. 2. PUD document. The APPLICANT shall submit data supporting and describing the application for rezoning to PUD in the form of a PUO document. The PUD document shall be submitted in both an electronic version and printed version in a format as established by the County Manager or his designee. The submittals shall conform to the most recent standardized format established by the planning services department director. The PUO document shall contain the following information unless determined by the director to be unnecessary to describe the DEVELOPMENT strategy: a. Title page to include name of project; b. Index/table of contents; c. List of exhibits; d. Statement of compliance with all elements of the growth management plan; e. General location map drawn to scale, illustrating north point and relationship of the site to such external facilities as highways, shopping areas, cultural complexes and the like; f. Property ownership and general description of site (including statement of unified ownership); g. Oescription of project DEVELOPMENT; h. Boundary survey (no more than six months old) and legal description; i. Proposed and permitted land uses within each tract or increment; j. Oimensional standards for each type of land use proposed within the PUO. Oimensional standards shall be based upon an established zoning district that most closely resembles the DEVELOPMENT strategy, particularly the type, DENSITY and intensity, of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. No deviations from the fire code will be permitted, except as otherwise allowed by that code; Page 174 of 235 k. The proposed timing for location of, and sequence of phasing or incremental DEVELOPMENT within the PUD; I. The proposed location of all roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD; m. Habitats and their bou~9aries identified on an aerial photograph of the site. Habitat. identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant and animal species protection plans as required by Chapter 3 shall apply; n. Environmental impact analysis pursuant to applicable provisions of section 10.02.02; o. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed STRUCTURES and uses; p. The location and nature of all existing public facilities, such as schools, parks and FIRE STATIONS that will service the PUD; q. A plan for the provision of all needed utilities to serve the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; r. Traffic impact analysis; s. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities; t. DEVELOPMENT commitments for all infrastructure and related matters; u. When determined necessary to adequately assess the COMPATIBILITY of proposed uses to existing or other Page 175 of 235 proposed uses, relationship to OPEN SPACE, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the planning services department director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed STRUCTURES and improvements, as appropriate; v. Deviations to sections of the land DEVELOPMENT code other than to dimensional standards related to BUILDING placement such as YARD requirements, LOT area requirements, BUILDING height and the like, shall be identified in the PUD document by citing the specific section number of the regulation and indicating the proposed modification to such regulation. 3. Deviations from master plan elements. The planning services department director may exempt a petition from certain required elements for the PUD master plan pursuant to section 10.02.12 of this Code when the petition contains conditions, which demonstrate that the element may be waived without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided the board of county commissioners. B. Procedures for planned unit DEVELOPMENT zoning. Petitions for rezoning to PUD in accordance with section 10.02.12 shall be submitted and processed as for a rezoning amendment generally pursuant to section 10.02.12 and in accordance with the following special procedures: 1. Preapplication conference. Prior to the submission of a formal application for rezoning to PUD, the APPLICANT shall confer with the planning services department director and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. The APPLICANT is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans or programs relative to possible applicable federal or state requirements or other matters that may affect the proposed PUD. This preapplication conference should address, but not be limited to, such matters as: a. The suitability of the area for the type and pattern of DEVELOPMENT proposed in relation to physical characteristics of the land, surrounding areas, traffic and ACCESS, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any Page 176 of 235 proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. '.., c. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. d. The internal and external COMPATIBILITY of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and BUFFERING and screening requirements. e. The adequacy of USABLE OPEN SPACE areas in existence and as proposed to serve the DEVELOPMENT. f. The timing or sequence of DEVELOPMENT for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 2. Prehearing conference. Prehearing conferences may be held between the APPLICANT and/or his representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of such prehearing conferences shall be to assist in bringing the application for rezoning to PUD as nearly as possible into conformity with the intent of these or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations. 3. Staff review and recommendation. Based upon evaluation of the factors set forth above, the county staff shall prepare a report containing their review findings, and a recommendation of approval or denial. Page 177 of 235 _U~_ 4. Hearing before the planning commission. Public notice shall be given and a public hearing held before the planning commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of DEVELOPMENT, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to section 10.02.12. 5. Planning commission recommendation. The planning commission shall make written findings as required in section 1'0.02.08 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the planning commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section 10.02.08. a. The suitability of the area for the type and pattern of DEVELOPMENT proposed in relation to physical characteristics of the land, surrounding areas, traffic and ACCESS, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. d. The internal and external COMPATIBILITY of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and BUFFERING and screening requirements. e. The adequacy of USABLE OPEN SPACE areas in existence and as proposed to serve the DEVELOPMENT. f. The timing or sequence of DEVELOPMENT for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Page 178 of 235 g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 6. Action by board of county commissioners. Unless the application is withdrawn by the APPLICANT or deemed "closed" pursuant to section 2.03.06 of this Code, the board of county commissioners shall, upon receipt of the planning commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the application, PUD master plan of DEVELOPMENT and PUD document, as recommended by the planning commission to the board of county commissioners. The board of county commis,.,ioners shall either grant the proposed rezoning to PUD; approvf' with conditions or modifications; or deny the application for PUD re.:.:oning. C. Effect of planned unit DEVELOPMENT zoning. If approved by the county board of commissioners, the master plan for DEVELOPMENT, the PUD document and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for DEVELOPMENT for the subject PUD. Thenceforth, the DEVELOPMENT in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted DEVELOPMENT regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not act to authorize or vest the location, design, capacity, or routing of traffic for any ACCESS point depicted on, or described in, such ordinance or plan. Before DEVELOPMENT of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the county. Issuance of a final DEVELOPMENT ORDER within any tract or increment within the PUD shall first require compliance with all sections of the Collier County SUBDIVISION regulations (Chapter 10) and/or the site DEVELOPMENT PLAN regulations (section 10.02.03) as appropriate. D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department Page 179 of 235 '.-"-'. director, not met the time frames and DEVELOPMENT criteria outlined in section 10.02.12 of this Code as applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of DEVELOPMENT annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: 1. For PUDs approved prior to October 24, 2001 the landowner(s) shall: a. Obtain approval for improvements plans or a DEVELOPMENT ORDER for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master Plan or other DEVELOPMENT ORDERS for at least 15 percent of the gross land area of the PUD site every five years from the date of approval by the board of cou nty commissioners; and b. Receive FINAL LOCAL DEVELOPMENT ORDERS for at least 15 percent of the total number of approved DWELLING UNITS in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years from the date of approval by the board of county commissioners. c. Any PUD approved before October 24, 2001 that receives subsequent amendment approval shall be subject to the DEVELOPMENT criteria and time limits established for those PUDs approved on or after October 24, 2001 as outlined in section 10.02.12 of this Code. 2. For PUDs approved on or after October 24, 2001 the land owner shall: a. For residential portions of PUDs, initiate physical DEVELOPMENT of infrastructure improvements, including ACCESS roads, intemal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD by the third anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD build out; and b. For the nonresidential portions of PUDs and commercial and industrial PUDs the owner entity shall initiate physical Page 180 of 235 DEVELOPMENT of a minimum of 15 percent of authorized floOf area when approved on the basis of a defined amount of floor space, by the third anniversary date of the PUD approval. In the event the floOf area is not the defining intensity measure, then 25 percent of the land area to include some representative portion of the BUILDING space shall be constructed by the third anniversary of the PUD approval date. The same amount of DEVELOPMENT shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area. Thefeafter the PUD shall be exempt from these sunset provisions. c. If in the event of a moratorium or othef action of government that prevents the approval of any final DEVELOPMENT ORDER the duration of the suspension of the approval shall not be counted towards the three-year sunset provision. 3. Infrastructure improvements as required above shall be located on site and shall constitute infrastructure that makes possible vertical construction consistent with the permitted land uses. Acceleration lanes, entry road ACCESS and the like do not count towards meeting the required levels of infrastructure improvements as required above. 4. PUD sunsetting. Prior to or any time after the planning services department director determines that a PUD has sunsetted, then the property owner shall initiate one of the following: a. Request for a PUD extension; or b. Request for PUD amendment. 5. Board of county commissioners action on PUDs which have sunsetted. Upon review and considefation of the appropriate application, or the status report provided by the property owner and any supplemental information that may be provided, the board of county commissioners shall elect one of the following: a. To extend the current PUD approval for a maximum period of two yeafs; at the end of which time, the property owner shall again submit to the procedure as defined herein, however no furthef DEVELOPMENT ORDER applications shall be processed by the county until the PUD is officially extended. b. Approve Of deny an application for a PUD amendment. The existing PUD shall femain in effect until subsequent action by Page 181 of 235 -.- ..'-' the board of county commissioners on the submitted amendment to the PUD, however no further DEVELOPMENT ORDER applications shall be processed by the county until the PUD is officially amended. c. Require the owner to submit an amended PUD. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no further DEVELOPMENT ORDER applications shall be processed by the county until the PUD is officially amended. i. If the owner fails to submit an amended application to the PUD within six months of the action of the board of county commissioners to require such a submittal, or the board denies the request to amend the PUD, then the board of county commissioners may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the growth management plan. 6. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: a. Maximum extension: There shall be a maximum of two extensions. The first may be granted for a maximum of two years from the date of original approval. The second extension, may be granted for an additional two years from the date of expiration of the first extension. b, Approval of an extension shall be based on the following: I. The PUD and the master plan is consistent with the current growth management plan including, but not limited to, DENSITY, intensity and CONCURRENCY requirements; ii, The approved DEVELOPMENT has not become incompatible with existing and proposed uses in the surrounding area as the result of DEVELOPMENT approvals issued subsequent to the original approval of the PUD zoning; and iii. approved DEVELOPMENT will not, by itself or in conjunction with other DEVELOPMENT, place an Page 182 of 235 unreasonable burden on essential public facilities. c. An extension request shall consist of the following: i. A completed application form provided to the property owner by the county; and ii. A copy of the original PUD approval ordinance; and iii. A written statement describing how the. criteria listed in subsection 10.02.12 of this Code have been met; and iv. A fee paid in accordance with the county fee resolution. v. Any other information the County Manager or his designee deems necessary to process and evaluate the request. d. No more than two extensions may be granted for any DEVELOPMENT original approval date. e. Any PUD developer who has not commenced DEVELOPMENT pursuant to the sunsetting provisions set forth in section 10.02.12 of this Code within ten years of the original PUD approval date shall submit a new rezoning application. 7. Retention of existing PUD status. Once a PUD has sunsetted the land shall retain its existing PUD zoning status, however applications for additional DEVELOPMENT ORDERS shall not be processed until one of the following occurs: a. The board of county commissioners approves a request for extension of PUD zoning status. b. The board of county commissioners approves an amendment to the existing PUD. Should the planning services department director determine that DEVELOPMENT has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new DEVELOPMENT standards or use modification pursuant to the provisions for time limits for approved PUDs. In the case of DEVELOPMENTS of regional impact, PUD time limit restrictions shall be superseded by the phasing plan and/or time Page 183 of 235 ~__'m" limits contained within the application for DEVELOPMENT approval and approved as part of a DEVELOPMENT ORDER In conformance with F.S. S 380.06. E. Changes and amendments. 1. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or b. There is a proposed increase in the total number of DWELLING UNITS or intensity of land use or height of BUILDINGS within the DEVELOPMENT; c. There is a proposed decrease in preservation, conservation, recreation or OPEN SPACE areas within the DEVELOPMENT not to exceed five percent of the total acreage previously designated as such, or five acres in area; d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or OPEN SPACES), or a proposed relocation of nonresidential land uses; e. There is a substantial increase in the impacts of the DEVELOPMENT which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; g, The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h, The change will bring about a relationship to an ABUTTING land use that would be incompatible with an ADJACENT land use; Page 184 of 235 I. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance 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; j. The proposed change is to a PUD district designated as a DEVELOPMENT of regional impact (DRI) and approved pursuant to F,S. S 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. S 380.06(19). Any change that meets the criterion of F.S. S 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this section 10.02.12 of this Code; or k. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.12. 2. Procedure for substantial/insubstantial change determination. a. The APPLICANT shall provide the planning services department director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the planning commission. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; DENSITIES; infrastructure; OPEN SPACE, preservation or conservation areas; area of BUILDING square footage proposed for nonresidential DEVELOPMENT; change In potential intensity of land use and related automobile trip movements, and relationships to ABUTTING land uses. In addition, the APPLICANT, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the planning services department director shall review said plan against criteria established within section 10.02.12 E.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. 3. Substantial changes procedures. Changes, as identified in section Page 185 of 235 "-,"- 10.02.12 E.1, shall be considered substantial changes to the approved PUD master plan, and the APPLICANT shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.12 A. and B. 4. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 10.02.12 E.1 shall require the review and approval of the planning commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. 5. Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas. 6. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal DEVELOPMENT tracts, and COMPATIBILITY with ADJACENT land uses, minor changes may become necessary during the SUBDIVISION or site DEVELOPMENT PLAN review processes. 7. EDUCATIONAL and ANCILLARY PLANTS exception. When a PUD is amended for the sole purpose of adding an educational and/or ANCILLARY PLANT, that PUD will not be subject to the review process outlined in section 10.02.12 E. The review conducted will be limited to the impacts that the educational or ANCILLARY PLANT will have on the surrounding uses. 8. The County Manager or his designee shall also be authorized to allow minor changes to the PUD master plan during its SUBDIVISION improvements plan or site DEVELOPMENT PLAN process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with ADJACENT land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: a. Internal realignment of RIGHTS-OF-WAY, including a relocation of ACCESS points to the PUD itself; where no water management facility, co n se rvatio n/ p reservatio n areas, or required EASEMENTS are affected or otherwise provided for. Page 186 of 235 b. Relocation of BUILDING envelopes when there is no encroachment upon required conservation or preservation areas. c. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect ADJACENT properties or land uses. d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the planning services department director's consideration for approval. F. Monitoring requirements. In order to ensure and verify that approved project DENSITIES or intensities of land will not be exceeded and that DEVELOPMENT commitments will be fulfilled, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. The monitoring report must be prepared in a County approved format to include an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete, submitted annually, on each anniversary of the date said PUD was approved by the board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). The monitoring report must provide the following information: 1. Name of project. 2. Name of owner. 3. Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and anyon-site or off-site commitments completed and approved as of the due date of the monitoring report. 4. Up-to-date PUD master plan showing infrastructure, projects/DEVELOPMENTS, plats, PARCELS' and other pertinent information, including on-site or off-site commitments. Page 187 of 235 _._m~ 5. Traffic counts for all ACCESS points to the ADJACENT roadway network. 6. Copies of all required monitoring reports completed in past year (Le., traffic, wellfield, etc.). 7. Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. 8. Status of commitments in PUD document, including projected completion dates if then established. 9. Other information as may be required by County Manager or his designee. 10. Affidavit form drafted and supplied by Collier County to be executed by the owner(s) of the PUD. Change of ownership. A change in ownership shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing the annual monitoring report. G. Violations. Violation of this section shall be enforced as provided in section 8,08.00. H. Interpretations of PUD documents. The planning services department director shall be authorized to interpret the PUD document and PUD master plan. I. Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in section 2.02.12 of this Code. All PUDs existing and future, shall comply with the sunset provisions established pursuant to section 2.02.12 D. of this Code. 1. All applications for a PUD rezoning or an amendment to an existing PUD document or PUD master plan whether submitted before or after [the effective date of this ordinance], shall comply with the processing time procedures set forth in this section of the Code. 10.02.14 Landscape Plans Page 188 of 235 A. Landscape plan required. Prior to the issuance of any preliminary SUBDIVISION plat, final site DEVELOPMENT PLAN, or BUILDING permit, an APPLICANT whose DEVELOPMENT is covered by the requirements of this section must submit a landscape plan to the County Manager or his designee. The landscape plan must bear the seal of a Landscape Architect registered in the State of Florida. The landscaping required for single-family, two family, and MOBILE HOME DWELLING UNITS must be shown on the BUILDING permit plot plan. This plan is not required to bear the seal of a landscape architect. The landscape plan must be drawn to a suitable scale, include dimensions, north arrow, date, title, project owner's name, delineate the existing and proposed parking, VEHICULAR USE AREAS, BUILDINGS, ACCESS points, and roadways, show all utility lines or EASEMENTS, and show the location of existing and proposed planting areas and vegetation communities and designate them by species name. The code-required landscaping must be highlighted or indicated on the plan to differentiate from the APPLICANT'S provided landscaping that is in addition to that required by this Code. Design creativity is encouraged so long as it meets the intent of this Code. The plan must show the location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. The plan must also include a plant legend indicating graphic plant symbol, botanical and common name, quantity, height, spread, spacing, native status, drought tolerance rating (as defined by "Xeriscape Plan Guide II" published by South Florida Water Management District, West Palm BEACH, FL) and type of mulch. The plan must show tree and palm staking details per accepted industry practices and standards. In addition, a tabulation of the code-required landscaping indicating the calculations necessary to insure compliance with this Code must also appear. A certificate of occupancy must not be issued until approval of the landscaping plan and installation of plants and materials consistent with that approved plan has been completed and inspected by the County. 1. Public EDUCA TIONAL FACILITIES and Plant, ANCILLARY PLANT, and AUXILLARY FACILITY. ESSENTIAL SERVICES including Collier County Public Schools (CCPS) I public Educational and ANCILLARY PLANTS, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this division can be effectively accomplished without meeting specific DEVELOPMENT standards. The APPLICANT must request an administrative review of the alternative design, as outlined in paragraph (a) below. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or joint use of the school site with another public facility or use. Page 189 of 235 _._.---_.-._._"._-~ ~_.- -...-..-- a. Procedure. In addition to the base submittal requirements, APPLICANTS shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An APPLICANT must submit a narrative description identifying the code DEVELOPMENT standards required by this section which will be add ressed through the alternative approach. The County Manager or his designee will administratively review submittal documents for consistency with the intent of this division. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site DEVELOPMENT PLAN approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmittal to planning services staff for re-evaluation of the request in the context of the amended design and plan, b. Exemption An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the Code can nonetheless be carried out without meeting these standards. The intent of the division can be demonstrated by detailing a specific health, safety, or welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is available in the records room in the Community DEVELOPMENT and Environmental Services Division BUILDING. B. Irrigation plan required. Prior to the issuance of any SUBDIVISION plat or final site DEVELOPMENT PLAN, an APPLICANT whose DEVELOPMENT is subject to the requirements of this section shall submit a separate irrigation plan to the County Manager or his designee. The plan shall be prepared by persons qualified to prepare irrigation plans, such as an irrigation designer or landscape architect. The irrigation plan shall be drawn at the same scale as the landscape plan to: show existing vegetation to remain; delineate existing and proposed BUILDINGS and other site improvements, parking spaces, aisles, and DRIVEWAYS; indicate main, valve, and pump locations, pipe sizes and specifications; show controller locations and specifications; show backflow preventer and rain-sensing devices and include a typical sprinkler zone plan indicating type, specifications and spacing, and coverage. If drip irrigation or soaker hoses are proposed, their layout shall be shown. Page 190 of 235 I rrigation systems shall be designed to avoid impacts with existing vegetation. Field changes may be made to avoid disturbance of such vegetation, such as line routing, sprinkler head placement, and spray direction adjustments. C. Existing plant communities. Existing plant communities and ecosystems shall be maintained in a natural state and shall not be required to be irrigated. Native plant areas that are supplements to an existing plant community or newly installed by the APPLICANT shall be irrigated on a temporary basis only during the period of establishment from a temporary irrigation system, water truck, or by hand watering with a hose. 10.03.00 NOTICE REQUIREMENTS 10.03.01 Generally [Reserved] 10.03.02 Posting SIGNS Required [Reserved] 10.03.03 Mailed Notice Requirements [Reserved] 10.03.04 Published Notice Requirements [Reserved] 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board A. Notice and public hearing where proposed amendment would not change zoning classification of land. Ordinances or resolutions initiated by the board of county commissioners or its designee which do not actually change the official zoning atlas (the zoning designation applicable to a piece of property) but do affect the use of land, including, but not limited to, land DEVELOPMENT regulations as defined in F.S. S 163.3202, regardless of the percentage of the total land area of the county actually affected, shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners: 1. The planning commission shall hold one advertised public hearing on the proposed ordinance or resolution. No request for establishment or amendment of a regulation that affects the use of land may be considered by the planning commission until such time as notice of a public hearing on the proposed amendment has been given to the citizens of Collier County by publication of a notice of the hearing in a newspaper of general circulation in the county, at least 15 days in advance of the public hearing. ' 2. The board of county commissioners shall hold at least one advertised public hearings on the proposed ordinance or resolution. Page 191 of 235 ...-_..... The regular enactment procedure for such ordinance or resolution shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend the ordinance or resolution if notice of intent to same is given at least 10 days prior to said meeting by publication in a newspaper of general circulation in the county. A copy of such notice shall be kept available for public inspection during regular business hours of the office of clerk to the board of county commissioners. The notice of proposed enactment shall state the date, time and place of the meeting, the title of the proposed ordinance or resolution, and the place or places within the county where such proposed ordinance or resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution. B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances. In the case of an application for the rezoning of land, to include rezonings, CONDITIONAL USES and variances initiated by other than the board of county commissioners or amendments to planned unit DEVELOPMENTS, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. Rezoning, CONDITIONAL USE and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. 1. A SIGN shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The SIGN to be posted shall contain substantially the following language and the SIGN'S copy shall utilize the total area of the SIGN: PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: (or where applicable the following:) PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) Page 192 of 235 DATE: TIME: TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. The area of the SIGNS shall be as follows: a. For properties less than one acre in size, the SIGN shall measure at least one and one-half square feet in area. b. For properties one acre or more in size, the SIGN shall measure at least 32 square feet in area. 2. In the case of SIGNS located on properties less than one acre in size, a SIGN shall be erected by the County Manager or his designee in full view of the public on each STREET side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the SIGNS cannot be posted directly on the subject property, then the SIGN or SIGNS shall be erected along the nearest STREET RIGHT-OF-WAY, with an attached notation indicating generally the distance and direction to the subject property. 3. In the case of SIGNS located on properties one acre or more in size, the APPLICANT shall be responsible for erecting the required SIGN{S). A SIGN shall be erected in full view of the public on each STREET upon which the subject property has FRONTAGE. Where the subject property is landlocked, or for some other reason the SIGNS cannot be posted directly on the property, then the SIGN or SIGNS shall be erected along the nearest STREET RIGHT-OF-WAY, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one SIGN on each external boundary which fronts upon a STREET, however, in the case of external boundaries along a STREET with greater FRONT AGES than 1,320 linear feet, SIGNS shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of SIGNS along an exterior boundary fronting on a STREET exceed four SIGNS, The APPLICANT shall provide evidence to the planning services department that the SIGN(S) were erected by furnishing photographs of the SIGN(S) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has Page 193 of 235 -",."-- _. jurisdiction. The SIGNS shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the planning services department director from the APPLICANT requesting to withdraw the petition or requesting its indefinite continuance. 4. The planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. 5. Notice of the time and place of the public hearing by the planning commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed land uses, applicable DEVELOPMENT standards, intensity or DENSITY in terms of total floor area of commercial or industrial space and DWELLING UNITS per acre for residential projects, and a description of the institutional or recreational uses when part of the DEVELOPMENT strategy. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. 6. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twice. The first notice shall be sent no less than 30 days after the receipt of a sufficient application by the planning services department. The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or ADJACENT to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. Page 194 of 235 7. For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. 8. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. 9. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. 10. The boa rd of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. C. Notice and public hearing where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a PARCEL or PARCELS of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the board of county commissioners or its designee involves less than ten contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. 1. The planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the date of the public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 Page 195 of 235 ---- .~. ..._.n ....._-,- ~"..- days in advance of the hearing, by mail, to the owner of the properties whose land will be rezoned by enactment of the ordinance or resolution, whose address is known by reference to the latest ad valorem tax records. 2. A notice advising of the hearing by the board of county commissioners to consider rezoning properties shall be sent by mail [to] each real property owner whose land will be redesignated by enactment of the ordinance or resolution and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects the property owner and shall set a time and place for the public hearing on such ordinance or resolution. Such notice shall be given at least 30 days prior to the date set for the public hearing. Additionally, notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least ten days prior to the public hearing. A copy of such notice shall be kept available for public inspection during regular business hours of the office of the clerk of the board of county commissioners. The notice of the proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the county where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 3. The boa rd of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. D. Notice and public hearing requirements where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a PARCEL or PARCELS involving ten contiguous acres or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. Ordinances or resolutions initiated by the board of county commissioners which propose to change to the zoning map designation of a PARCEL or PARCELS of land involving ten acres or more of land, or which changes the actual list of permitted, conditional or prohibited uses of land within a zoning category shall be enacted or amended pursuant to the following minimum public notice and hearing requirements: 1. The planning commission shall hold at least one advertised public hearing unless the planning commission elects by a majority decision to hear such ordinance or resolution to be heard at two Page 196 of 235 public hearings before the planning commission. If there is only one hearing required before the planning commission, that hearing shall be held after 5:00 p.m. on a weekday, and if there are two hearings required before the planning commission, then at least one of the required hearings shall be held after 5:00 p.m. on a weekday, and in which case the first hearing shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time and place of a second public hearing shall be announced at the first public hearing. 2. The required advertisements for the planning commission public hearings shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to F.S. ch. 50, not one of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least five days per week unless the only newspaper in the community is published Jess than five days per week. The advertisement shall be in the following form: NOTICE OF ZONING CHANGE The (name of local government unit) proposes to rezone the land within the area shown in the map in this advertisement. A public hearing on the rezoning will be held on (date and time) at (meeting place). 3. The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance or resolution. The map shall include major STREET names as a means of identification of the area. 4. The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At least one hearing shall be held after 5:00, p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least seven days after the day that Page 197 of 235 ..,-- -"..-- the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. 5. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices. and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to F.S. ch. 50, not one of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least five days a week unless the only newspaper in the community is published less than five days a week. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local government unit) proposes to adopt the following by ordinance or resolution. A public hearing on the ordinance or resolution will be held on (date and time) at (meeting place) . Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by the proposed ordinance or resolution. The map shall include major STREET names as a means of identification of the general area. 6. In lieu of publishing the advertisement set out in this paragraph, the board of county commissioners may mail a notice to each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance or resolution. E, Public parlicipation requirements for rezonings, PUD amendments, CONDITIONAL USES, variances or parking exemptions. 1. APPLICANTS requesting a rezoning, PUD amendment, or CONDITIONAL USE approval must conduct at least one Page 198 of 235 Neighborhood Informational Meeting (nNIM") after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. The appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the APPLICANT from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.02.12 C. Notification shall also be sent to property owners, CONDOMINIUM and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the APPLICANT must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the planning services department and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The APPLICANT must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The APPLICANT must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the APPLICANT is expected to make a presentation of how it intends to develop the subject property. The APPLICANT is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the planning services department. 2. As a result of mandated meetings with the public, any commitments made by the APPLICANT shall be reduced to writing and made a part of the record of the proceedings provided to the planning services department. These written commitments will be Page 199 of 235 ~."_."'-- -<",.- made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable DEVELOPMENT ORDER. 3, Any APPLICANT requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. 4. Where it has been determined that there is a property owner, functioning CONDOMINIUM or civic association which has made formal request of the county to be so notified, then the APPLICANT must provide written documentation to the planning services department indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. The APPLICANT must provide a written account of the result of such notice and shall submit any and all written communications to the planning services department. A list of property owners, homeowner or CONDOMINIUM associations notified and any other written communications must be submitted to the planning services department at least two weeks prior to the scheduled date of the first advertised public hearing. F. Planning commission hearing and report to the board of county commissioners. 1. Time limits. Hearings by the planning commission on applications for rezoning of land may be held at least 24 times a year. For applications not involving the rezoning of land, but which involve amendments to these zoning regulations, the planning commission shall hold its public hearings twice per calendar year, except amendments to these zoning regulations may be made more often than twice during the calendar year if the additional amendment cycle receives the approval of a super-majority vote of the board of county commissioners. Unless a longer time is mutually agreed upon by the planning commissioners, the planning commISSion shall file its recommendations for either type of amendment with the board of county commissioners within 45 days after the public hearing before the planning commission has been closed. Page 200 of 235 2. Presentation of evidence. The staff report on the application for rezoning shall be presented prior to the close of the public hearing on the application. The APPLICANT shall be afforded the opportunity, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued and the matter referred back to staff for further consideration of such matters as the planning commission may direct. G. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to ADJACENT and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the DEVELOPMENT, or otherwise affect public safety. 8. Whether the proposed change will, create a drainage problem. 9. Whether the proposed change will seriously reduce light and Page 201 of 235 "~._- __H.._"._, 2. Petition for a rezone at such time as all required existing community and public facilities and services have been provided at the private expense of the petitioner; or 3. Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be provided; or 4. Facilities for parks and schools through land dedication or fee in lieu of such dedication; or 5. Other method acceptable to board of county commissioners. I. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the planning commission shall consider and study: 1. The need and justification for the change; 2. The relationship of the proposed amendment to the purposes and objectives of the county's growth management plan, with appropriate consideration as to whether the proposed change will further the purposes of these zoning regulations and other county codes, regulations, and actions designed to implement the growth management plan. J. Restrictions, stipulations and safeguards. The planning commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation from the planning commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan. Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning district may include, but are not limited to those necessary to protect ADJACENT or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding DENSITY, height, connection to central water and sewer systems and stipulations requiring that DEVELOPMENT take place in accordance with a specific site plan. The maximum DENSITY permissible or permitted in a zoning district within the urban designated area shall not exceed the DENSITY permissible under the DENSITY rating system. The Page 203 of 235 -,,-,. '._0-_'- ---,. board of county commissioners shall be required to condition and limit the DENSITY of a zoning district to a DENSITY not to exceed the maximum DENSITY permissible under the DENSITY rating system. The governing body may also stipulate that the DEVELOPMENT take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the growth management plan and sections 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the governmental unit if it prevails in such suit. 1. Dedication of public facilities and DEVELOPMENT of prescribed amenities. Public facility dedication. The board of county commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for STREETS, public RIGHTS-OF-WAY, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for one or more such public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within gO days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this gO-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only, be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Page 204 of 235 Water and Sewer District or other agency or dependant district of Collier County Government. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the IcHest, by a date certain established during, and condition on, the approval of the rezoning action. At no cost to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board of for consideration of rezoning the subject PARCEL from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to section 8.08.00. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Collier County Board of Commissioners at the DEVELOPMENT phase which has infrastructure improvements available to the PARCEL of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. K. Status of planning commission report and recommendations. The report and recommendations of the planning commission required by section 10.02.08 D. through H. shall be advisory only and not be binding upon the board of county commissioners. L. Board of county commissioners: action on planning commission report. 1. Upon receipt of the planning commission's report and recommendations, the board of county commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of genera/law. The reports and recommendations of the staff and the planning commission on the application shall be presented prior to the close of the public hearing on the application. The APPLICANT shall have the right, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing. 2. In the case of all proposed changes or amendments, such changes or amendments shall not be adopted except by the Page 205 of 235 "~'"-", affirmative vote of four members of the board of county commissioners. M, Failure of board of county commissioners to act. If a planning commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the board of county commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that board of county commissioners may refer the application to the planning commission for further study. N. Limitations on the rezoning of property. 1. No change in the zoning classification of property shall be considered which involves less than 40,000 square feet of area and 200 feet of STREET FRONT AGE except: where the proposal for rezoning of property involves an extension of an existing or similar ADJACENT district boundary; within the broader land use classification of "C" districts, "RSF" districts, "RMF" districts, wherein such rezone is compatible with, or provides appropriate transition from, ADJACENT districts of higher DENSITY or intensity. However, the requirement of 200 feet of STREET FRONT AGE shall not apply to rezone petitions that provide 80 percent or more AFFORDABLE HOUSING units. 2. Whenever the board of county commissioners has denied an application for the rezoning of property, the planning commission shall not thereafter: a. Consider any further application for the same rezoning of any part or all of the same property for a period of 12 months from the date of such action; b. Consider an application for any other kind of rezoning of any part or all of the same property for a period of six months from the date of such action, 3. Except as otherwise provided within section 10.02.12 D. all zoning approvals for which a final DEVELOPMENT ORDER has not been granted within the fifth year of the date of its approval shall be evaluated to determine if the zoning classification for the property should be changed to a lower, or more suitable classification. During the fifth year after the date of the zoning approval by the board of cou nty commissioners and during every fifth year thereafter, the County Manager or his designee shall prepare a Page 206 of 235 report on the status of the rezoned property. The purpose of the report will be to evaluate what procedural steps have been taken to develop the property under its current zoning classification. Should the County Manager or his designee determine that DEVELOPMENT has commenced, then the land shall retain its existing zoning classification and shall not be subject to additional review and classification change. Should the County Manager or his designee determine that DEVELOPMENT has not commenced, then upon review and consideration of the report and any supplemental information that may be provided, the board of county commissioners shall elect one of the following: a. To extend the current zoning classification on the property for a maximum period of five years; at the end of which time, the property shall again be evaluated under the procedures as defined herein. b. Direct the appropriate county staff to begin rezoning procedures for said property. The existing zoning classification of the property shall remain in effect until subsequent action by the board on the property. In the case of DEVELOPMENTS of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for DEVELOPMENT approval and approved as part of a DEVELOPMENT ORDER in conformance with F.S. 9 380.06. O. Applications for rezones to a specific use. The APPLICANT for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the DEVELOPMENT of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property. p, Waiver of time limits. The time limits of (N) above may be waived by three affirmative votes of the board of county commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper DEVELOPMENT of Collier County, Q. Site DEVELOPMENT PLAN time limits. Approved final site DEVELOPMENT PLANS (SOPs) only remain valid and in force for two years from the date of approval unless construction has commenced as Page 207 of 235 ..-.-." - ,-- specified in section 10.02.03 of this Code. If no DEVELOPMENT, i.e., actual construction, has commenced within two years, measured from the date of such site DEVELOPMENT PLAN approval, the site DEVELOPMENT PLAN approval term expires and the SOP, is of no force or effect; however, one amendment to the SOP, may be approved, prior to the expiration date, which would allow the SOP as amended to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined by the provisions of section 10.02.03 of this Code. R. Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to su pply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the APPLICANT of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re- opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. 1. Applicability. All applications for a rezoning whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in this section of this Code. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP The procedures generally set out in the chart below (illustration 10.04.00) are more fully described in detail in sections 10.04.02 - 10.04.04. Page 208 of 235 PROCEDURES FLOW CHART APPLICATION SUBMITTED (10.0202, 10.02.03, 10.0204, 10.02.05) r'TYPEi-- f-@-:.TYPE'il....-L-.oR:~- TYPE ".'if-- :=r: ;J" .c=r= lSEEATT~(;H_E_Dj _~~EA.:r~ACH~D_! ' SEE ATTACHED NOT CORRECTED '-T ., ,_.._._......_____.... _n_ _~_.___.._ ! IMTHDRAWN Illustration 10.04.00 10.04.01 Determination of Completeness A. Generally [RESERVED] B. Approval of regulated DEVELOPMENT and certificates to operate for wellfield operations. 1. Approval of regulated DEVELOPMENT by DEVELOPMENT services of new or substantially modified regulated DEVELOPMENT. a. Standards. i. All new and substantially modified DEVELOPMENT requiring site plan approval pursuant to the Collier County Land DEVELOPMENT Code as adopted, or pursuant to Collier County Ordinance No. 82-2, and as may be superseded by the Collier County Unified Land DEVELOPMENT Code, requiring a certificate of occupancy, or otherwise regulated under this section, Page 209 of 235 ...-", --...--- "'---.- shall be reviewed by the County Manager or his designee at the time of preliminary or other initial site plan approval required by such ordinance, for compliance with the standards of this section and in the same manner as a certificate to operate. ii. Approval for operation and use of DEVELOPMENT regulated pursuant to this section, which DEVELOPMENT requires compliance with specific standards as set forth in section 3.06.12 hereof or requires a certificate to operate (but not a certificate to operate which is incorporated into a wellfield CONDITIONAL USE permit), shall be included in and made a part of the letter of approval issued by the County Manager or his designee. III. A certificate to operate which has been issued pursuant to subsection (ii) above hereof, shall be renewed by the department not later than the one- year anniversary of issuance of the DEVELOPMENT service's letter of approval as provided in section 10.04.01 8.2. hereof. 2. Certificates to operate. a. Standards. i. Expiration. (a) Each certificate to operate shall be valid for no more than one year after the date of issuance and shall automatically expire on the first anniversary date of issuance. The permit will remain valid and in full force during the term of permit provided that the owner/operator remains in compliance with the terms and conditions of the certificate to operate. Revocation and revision of a certificate to operate is authorized pursuant to section 10.04.08 A. of this chapter. ii. Renewals. (a) Applications for renewal of certificates to operate shall be filed with the department at least 60 days prior to expiration and shall not be automatic. (b) The application for renewal shall be reviewed by the department for consistency with the applicable standards of this section. Page 210 of 235 (c) Applications for renewal shall provide the following: (i) All documents and documentation required for the regulated DEVELOPMENT pursuant to section 3.06.12, as may have been amended on the date of application for renewal; (ii) Evidence of compliance with the applicable standards of section 3.06.12 during the term of the certificate to operate; and (iii) The application shall include the appropriate fees as provided in section 10.01.04 hereof. b. Prohibited approvals of regulated DEVELOPMENT and certificates to operate. i. No final approval for regulated DEVELOPMENT or certificate to operate shall be construed or otherwise interpreted to legalize a regulated DEVELOPMENT existing on the effective date of this section [November 13, 1991], which is not in compliance with other applicable local, state or federal law or regulations. No certificate to operate or other approval under this section shall be knowingly granted to an existing regulated DEVELOPMENT which is not in compliance with all other applicable local, state or federal law or regulations. 3. Inspections. a. By accepting the certificate to operate and as a condition of the same, and by accepting a letter of approval which approval is based upon compliance with this section, the owner/operator grants express permission for the county, through an AUTHORIZED AGENT, to make inspections of the regulated DEVELOPMENT at reasonable times to determine compliance with this section. b. AUTHORIZED AGENTS of the county are hereby authorized and empowered and shall be permitted at reasonable hours and after reasonable notice to inspect the premises of the regulated DEVELOPMENT to ensure compliance herewith. c. Refusal to allow inspection under this section shall be sufficient grounds for consideration of revocation of the Page 211 of 235 u__ -.- "^'-"_.- certificate to operate or letter of approval which approval is based upon compliance with this section. d. In the event a person who has common authority over regulated DEVELOPMENT impedes or otherwise refuses a lawful inspection by an AUTHORIZED AGENT of the county, the inspection shall be rescheduled and notice shall be mailed by United States certified mail to the address and person shown on the certificate to operate or the letter of approval. Failure of such person to permit the rescheduled inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue an administrative search warrant for the purpose of inspection, surveying or examining said premises or facilities. e. In the event the premises of the regulated DEVELOPMENT, its BUILDING or STRUCTURE appears to be vacant or abandoned and the property owner cannot be readily contacted in order to obtain consent for inspection, an AUTHORIZED AGENT of the county may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection therefore [thereof]. f. AUTHORIZED AGENTS of the county shall be provided with official identification and shall exhibit this identification prior to any inspection. g. It shall be the duty of all law enforcement officers to assist in making inspection once such assistance is requested by an AUTHORIZED AGENT of the county. 4. Transfers. a. Within 30 days of the sale or legal transfer of a regulated DEVELOPMENT, the owner/operator of a regulated DEVELOPMENT, for which a certificate to operate or a wellfield CONDITIONAL USE permit has been granted, shall provide written notice to the department of the sale or other legal transfer. Within the same time period, the new property owner shall apply to the department by letter for transfer of the certificate to operate or wellfield CONDITIONAL USE permit and agree to be bound by the terms of the certificate to operate or wellfield CONDITIONAL USE permit unless same may be modified as provided herein. 5. Administrative review. Certificates to operate shall be processed and reviewed, and shall be administratively approved, approved with conditions, or denied by the county manager as provided in this section. Application for certificate to operate shall be made on a form prepared by the county manager. Page 212 of 235 a. Completeness review. i. Within 30 days of receipt of a completed application, the county manager shall review the application for compliance with the standards of sections 3.06.12 and 3.06.13 hereof. ii. If the application is found not to be in compliance, the county manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the application. iii. Within 30 days of the owner's/operator's receipt of the county's notice, the owner/operator shall: (a) Provide the requested information or provide written notice to the county manager of its intent to either furnish the requested information; or (b) Provide written notice to the county manager of its intent to have the application processed "as is" with the information it then contains. b. Substantive review. i. Upon a determination by the county manager that the application is complete, or upon receipt of written notice from the from the [sic] owner/operator that the application should be processed as is, the county manager shall issue a determination of completeness and provide a copy to the owner/operator by regular U.S. mail. ii. Within 30 days of issuance of a determination of completeness, the county manager shall render a written evaluation of the application in accordance with the standards of sections 3.06.12 and 3.06.13 hereof and render a notice of intent to issue or deny the application, a copy of which shall be sent to the owner/operator by regular U.S. mail. iii. The owner/operator may appeal an adverse notice of intent to the board as provided in section 10.04.11, hereof. iv. The certificate to operate will be issued or denied by the department within 15 days of issuance of the notice of intent, unless an appeal is taken as provided in section (iii) above, Page 213 of 235 -'~~"'-"-"""-'-"'''"''- c. Extension of administrative review and withdrawal [of] application. i. The county manager may, in his sole discretion, extend the time frame for administrative review set forth in section 10.04.01 B.5.a. and section 10.04.01 B.5.b. hereof for the purposes of requesting and receiving additional information necessary to complete the substantive review of the application. ii. If the owner/operator does not provide the information requested by the county manager or advise the county that the application is to be processed "as is" within 45 days of such request, the application shall be considered withdrawal [withdrawn] and fees paid shall be surrendered. iii. The owner/operator may voluntarily withdraw the application at any time prior to the issuance of the county manager's notice of intent by submitting a written notice to the county manager stating its intent to withdraw. 6. Containment and cleanup, option for county to initiate containment and cleanup, reimbursement by owner/operator. a. In the event of a discharge or an accidental release of any HAZARDOUS PRODUCT, HAZARDOUS WASTE from a regulated DEVELOPMENT or contaminant from a sanitary hazard regulated under this section, the owner/operator shall immediately upon discovery of the discharge or accidental release, contain the HAZARDOUS PRODUCT, HAZARDOUS WASTE or contaminant, and shall initiate cleanup in accordance with approved contingency plans and applicable law. b. Failure of the owner/operator to contain the discharge or accidental release or the failure of the owner/operator to initiate cleanup of the site within 48 hours of discovery or within a shorter amount of time as may be necessary to protect the public health, safety and welfare, may result in the county initiating appropriate containment of the discharge or accidental release and/or cleanup of the site in accordance with applicable law. c. In the event the county elects to exercise the option to contain the discharge or accidental release and/or clean up the site, the county shall first provide written notice of this intent to the owner/operator stating how the owner/operator has failed to comply with this section and providing a Page 214 of 235 reasonable period of time within which the owner/operator shall perform the necessary containment of the discharge or accidental release and/or initiate cleanup in accordance with applicable law or the approved contingency plan. d. By accepting a certificate to operate or a wellfield CONDITIONAL USE permit, and as a condition of the same, and by accepting a letter of approval, which approval is based upon compliance with this section, the owner/operator agrees that the reasonable costs expended by the county to contain the discharge or accidental release and/or clean up the site shall be recoverable from the owner/operator. 7. Administrative procedures a. Promulgation of administrative procedures. The county manager shall promulgate and bring for adoption by the board, administrative procedures to implement this section within one year of the effective date of this section [November 13,1991]. 8. Violations, penalties and remedies a. Violations. It shall be a violation of this section to fail to obtain any permit required herein or without a permit, or other appropriate authorization as may be required herein, to conduct, commence or maintain any use or activity prohibited or regulated by this section. Each violation shall constitute a separate offense. b. Penalties. Violations of this section may be referred by the county manager to the county's code enforcement board for enforcement action in accordance with F.S. ch. 162, and Collier County Ordinance No. 88-89, and as may be amended. c. Remedies. Nothing herein shall preclude the county from seeking all other remedies available under general law, including without limitation: [sic] To County: The County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 33962 To APPLICANT/Petitioner: APPLICANT/petitioner at the address listed in the application. 9. Liberal construction and severability. Page 215 of 235 -.-. _.~- -'.---'- a. Liberal construction. The provisions of this section shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. b. Conflict and severability. In the event this section conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phase or portion of this section 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. APPENDIX A. WELLFIELD PROTECTION ZONE MAPS Illustrating the Locations of Wellfield Risk Management Special Treatment Overlay Zones Established by the "Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida" (Voorhees and Mades, 1989) Initial reference to "appendix A" can be found in section 3.06.03 B. The pages that comprise appendix A, as attached, are Xerox copies of portions of United States Geological Survey quadrangle maps on which the boundaries of the wellfield risk management zones are plotted. The wellfields are arranged in the order of mention in section 3.06.02 F.6.j. Explanation of maps: 1. Due to the location of some wellfields relative to map boundaries, there may be multiple plates required to illustrate the particular wellfield. 2. Major roads are noted on the maps as initial points of reference. 3. Zone W-1 is the land area encompassed by the innermost closed line around each wellfield. 4. Zone W-2 is the land area situated between the innermost closed line around each wellfield and the next closest closed line around the wellfield. 5. Zone W-3 is the land area situated between the closed line surrounding W-2, as defined above, and the third closed line from the wellfield. 6. Zone W-4 is the land area situated between the outermost, closed line surrounding the wellfield and the next ADJACENT closed line that defines the outermost boundaryof W-3. INDEX TO APPENDIX A Page 216 of 235 This index includes the name of the wellfield and the United States Geological Survey quadrangle map(s) on which the wellfield is located. EVERGLADES CITY WELLFIELD OChopee, Florida FLORIDA CITIES (AVATAR) WELLFIELD Belle Meade NW, Florida NORTH NAPLES UTILITIES (QUAIL CREEK) WELLFIELD Corkscrew SW, Florida EAST GOLDEN GATE WELLFIELD Plate 1--Corkscrew SE, Florida Plate 2--Belle Meade NE, Florida COASTAL RIDGE (GOODLETTE ROAD) WELLFIELD Naples North, Florida COLLIER COUNTY UTILITIES WELLFIELD Plate 1--Corkscrew SW, Florida Plate 2--Belle Meade NW, Florida Plate 3--Corkscrew SE, Florida Plate 4--Belle Meade NE, Florida GLADES WELLFIELD Plate 1--Naples North, Florida Plate 2--Belle Meade NW, Florida IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS Immokalee, Florida PELICAN BAY WELLFIELD Plate 1--Bonita Springs, Florida Plate 2--Corkscrew SW, Florida PORT OF THE ISLANDS WELLFIELD Weavers Station, Florida 10.04.02 Applications Subject to Type I Review The following applications are subject to Type I review: SOP's; SIP's; and Amendments to both SOP's and SIP's. For a graphic depiction of the review procedure, please see Illustration 10.04.02 A. below. Page 217 of 235 H"_", --- TYPE I sOP's; SIP's; AMENDMENTS TO SOP's and SIP's " DISTRIBUTION OF ~ COMPLETE APPLICATION TO ALL STAFF REVIEWERS ,It RECEIPT & COMPILATION OF COMMENTS & RECOMMENDATIONS , PREPARATION OF WRITTEN STAFF REPORT REGARDING COMPLIANCE OF APPLICATION WITH UDC (Revised Report for Resubmitted Applications) ~ ~ APPROVAL APPROVAL NOTICE OF DEFICIENCY (Written Order) WITH CONDITIONS TO APPLICANT (Written Order) (Written Report) ,It CORRECTIVE ACTION AND RESUBMITTAL BY APPLICANT (Limited to XX Resubmlttals) (If No Corrective Action Within XX Days, Applicant Denied) NOTE WRITTEN ORDERS SHOULD INCLUDE NOTICE TO APPLICANTS THAT THEY PROCEED AT THEIR OWN RISK UNTIL THE APPEALS PERIOD ENDS. Illustration 10.04.02 A. Page 218 of 235 10.04.03 Applications Subject to Type II Review The following applications are subject to Type II review: Final Plats; CONDITIONAL USE Permits; Rezoning; LDC Text Amendments; GMP Amendments; and small- scale DEVELOPMENT Amendments. For a graphic depiction of the review procedure, please see Illustration 10.04.03 A. Page 219 of 235 H,_ ". -,._".~ ....... .,_." ~.<~. ~..... TYP E II (FINAL PLATS; CONDITIONAL USE PERMITS; REZONING; UDC TEXT AMENDMENTS; GMP AMENDMENTS; SMALL SCALE DEVELOPMENT AMENDMENTS) DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS RECEIPT & COMPILATION OF COMMENTS & RECOMMENDATIONS APPLICANT MAY SUBMIT REVISED APPLICATION (Limited to ~ Resubmittals) PREPARATION OF WRITTEN STAFF REPORT AND RECOMMENDATIONS WORKSHOP ON APPLICATION (As Needed) HEARINGS BY PLANNING COMMISSION AND, AS NEEDED, ENVIRONMENTAL ADVISORY COUNCIL APPROVAL APPROVAL DENIAL (Written Findings and WITH CONDITIONS (Written Findings) (Written Findings and Written Order) Written Orders) Illustration 10.04.03 A. 10.04.04 Applications Subject to Type III Review Page 220 of 235 The following applications are subject to Type III review: Variances; Administrative Appeals; Certificates of Appropriateness; CONDITIONAL USES; NONCONFORMING Use Amendments; Vested Rights; FLOOD Variances; Parking Agreements; and Preliminary Plats. For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. TYPE III (VARIANCES, ADMINISTRATIVE APPEALS. CERTIFICATE OF APPROPRIATENESS, CONDITIONAL USES, NONCONFORMING USE AMENDMENTS. VESTED RIGHTS, FLOOD VARIANCES. PARKING AGREEMENTS, PRELIMINARY PLATS) PREPARATION OF WRITTEN STAFF REPORT AND RECOMMENDATIONS ..._.._____'_._"______. n.__..m.._n__.'_ '._ APPEALS OF ADMINISTRATIVE DECISION OR INTERPRET A T IONS APPROVE I HEARING BYSZA] c-r--=-i OR APPROVE DENY I WITH AFFIRM--i I DENY CONDITIONS I DECISION . ' I..] I CONTINUE IPROCESSING! ORIGINAL I !APPLlCATIONI Illustration 10.04.04 A. 10.04.05 Procedures for Review and Approval of Type I Applications For specific procedures pertaining to each application, please see Illustration 10.04.02 A. and the various sections in this chapter pertaining to that application. 10.04.06 Procedures for Review and Approval of Type II Applications For specific procedures pertaining to each application, please see Illustration 10.04.03 A. and the various sections in this chapter pertaining to that application. Page 221 of 235 ----. .- , -"-,,- . -,-" 10.04.07 Procedures for Review and Approval of Type III Applications For specific procedures pertaining to each application, please see Illustration 10.04.04 A. and the various sections in this chapter pertaining to that application. 10.04.08 Modifications to Pending Applications A. Modification of regulated DEVELOPMENT, revision or revocation of a certificate to operate, or a wellfield CONDITIONAL USE permit. 1. Modification of regulated DEVELOPMENT and Notification. a. The owner/operator shall notify the county manager in writing prior to any expansion, ALTERATION or modification of a regulated DEVELOPMENT for which: i. A certificate to operate or a wellfield CONDITIONAL USE permit has been issued; or II. A wellfield exemption has been legislatively provided. b. Expansion, ALTERATION or modification shall include, without limitation: I. An increase in square footage, production or storage capacity; ii. Increased quantities of a HAZARDOUS PRODUCT or HAZARDOUS WASTE or changes in the type or nature of a regulated DEVELOPMENT; and i i i. Any other proposed change to the regulated DEVELOPMENT which may require a change, modification or AL TERA TION of the approved containment system, the maintenance procedures for the system, or in the approved contingency plan. c. County approval of modification. i. The expansion, modification or ALTERATION of a regulated DEVELOPMENT shall require prior county approval. Failure to obtain such approval as provided herein shall result In the county commencing revocation or revision proceedings of the certificate to operate, the wellfield CONDITIONAL USE permit or the wellfield exemption for a regulated DEVELOPMENT, if in the opinion of the county, such change substantially or materially modifies, ALTERS or affects: Page 222 of 235 (a) The conditions under which the certificate to operate, or the wellfield CONDITIONAL USE permit was granted; or (b) The conditions under which the DEVELOPMENT qualifies for a wellfield exemption. ii. The county shall notify the owner/operator in writing, within 60 days of receipt of the notice of change, of the county's intent to revoke or revise the authorization and the grounds therefore as provided in section 10.04.08 A.2.c. hereof. 2. Revocation or revision of certificate to operate, wellfield CONDITIONAL USE permit or wellfield exemption. a. Notice of intent to revoke. i. No wellfield exemption, wellfield CONDITIONAL USE permit, Jr certificate to operate for a regulated DEVELOPMENT shall become vested. ii. The county may revoke any wellfield exemption, wellfield CONDITIONAL USE permit, [or] certificate to operate after first issuing a written notice of intent to revoke to the owner/operator which states that the owner/operator: (a) Has failed or refused to comply with any of the provisions of this section; (b) Has submitted false or inaccurate information in the application or petition which information reasonably induced the county to issue the certificate to operate, or approve the wellfield CONDITIONAL USE permit; (c) Has failed to submit reports or other information required under section 3.06.12 as a condition of a certificate to operate, or wellfield CONDITIONAL USE permit; (d) Has refused lawful inspection as required by this section as a condition of a certificate to operate or wellfield CONDITIONAL USE permit; or (e) Has ALTERED, modified or expanded a regulated DEVELOPMENT as provided in this section. b. Notice of intent to revise. Page 223 of 235 ---- _ ._-- I. No wellfield exemption, wellfield CONDITIONAL USE permit, or certificate to operate for a regulated DEVELOPMENT shall be vested. ii. The county may revise any wellfield exemption, wellfield CONDITIONAL USE permit or certificate to operate granted or issued after first issuing written notice of intent to revise which complies with section 10.04.08 A.2.a.ii. and further states that the owner/operator: (a) Has been [sic] unlawfully modified, ALTERED or expanded a regulated DEVELOPMENT as provided in this section; (b) Has been identified by the county as responsible for, in whole or in part, for a discharge or accidental release of HAZARDOUS PRODUCTS or HAZARDOUS WASTES or other contaminant associated with the regulated DEVELOPMENT; or (c) The contingency plans and/or remedial action initiated and performed by or on behalf of the owner/operator were not approved by the county or applicable state or federal agencies and are deemed by the same to be inadequate for the regulated DEVELOPMENT. c. Factual basis for revocation or revision. I. Initiation of review. After being informed of or discovery of an unauthorized discharge or accidental release of a HAZARDOUS PRODUCT, HAZARDOUS WASTE or contaminant, the county shall review the certificate to operate, the wellfield CONDITIONAL USE permit, or wellfield exemption for the regulated DEVELOPMENT(s) associated with the discharge or accidental release. ii. Action by county. In the event the county determines that the owner/operator has failed to comply with the terms of the certificate to operate, the wellfield CONDITIONAL USE permit or the wellfield exemption, the county may elect to issue a notice of intent to revoke or revise such authorization to operate subject to the provisions of this section. iii. Criteria. Page 224 of 235 In consideration of whether to revoke or revise a certificate to operate or a wellfield CONDITIONAL USE permit, the board shall consider: A. The intentional nature or degree of negligence, if any, associated with the discharge or accidental release; B. The extent to which containment or cleanup of the contaminant or HAZARDOUS PRODUCT or HAZARDOUS WASTE or its components is possible; C. The nature, number and frequency of previous discharges or accidental releases attributable to the regulated DEVELOPMENT; D. The potential degree of harm to the groundwater and surrounding public potable water supply wells as a result of the discharge or accidental release; and E. The owner/operator's actions in responding to this and previous discharges or accidental releases. iv. Contents of notice of intent. (a) To initiate revocation or revision under this section, the county shall first issue a notice of intent to revoke or revise which shall, In addition to the applicable standards of sections 10.04.08 A.2.c. and 10.04.08 A.2.b. hereof contain the following information: A. The name and address of the owner/operator; and B. A description of the regulated DEVELOPMENT which is the subject of the proposed revocation or revision; and C. The approximate or, if available, actual location of the discharge or accidental release, if any; and D. A concise explanation and specific reasons for the proposed revocation or revision; and E. The statements that: "Failure to file a petition with the county manager within 20 days after the date upon which the Permittee receives written Notice of the Intent to Revoke or Revise shall render the proposed revocation or revision final and in full force and effect." Page 225 of 235 -'-.-. "Failure of the Owner/Operator to file a petition in opposition to the Notice of Intent to Revise or the Notice of Intent to Revoke as provided in Article 10 [section 1 0.04. 11 A] of this Ordinance, shall render the proposed revocation or revision final and in full force and effect. " (b) Failure of the owner/operator to file a petition in opposition to the notice of intent to revise or the notice of intent to revoke as provided in section 10.04.11 A of this section shall render the proposed revocation or revision final and in full force and effect. (c) Nothing in this section shall preclude or be deemed a condition precedent to the county seeking a temporary or permanent injunction. 10.04.09 Request for Continuance of Public Hearing [RESERVED] 10.04.10 Withdrawal of Pending Applications [RESERVED] 10.04.11 Pu blic Hearings A Appeals and public hearings for we/lfields. 1. Public hearings. a. Public hearings shall be required for: I. The issuance of a we'lfield CONDITIONAL USE permit; II. An appeal from an adverse administrative determination on issuance of a certificate to operate filed with the county manager within 30 days of issuance of the administrative determination; and iii. County-initiated revocation or revision of a certificate to operate, a wellfield CONDITIONAL USE permit or wellfield exemption. b. Standards for Public hearings: i. Appeals from adverse administrative determinations, applications for wellfield CONDITIONAL USE permits and county-initiated revocation or revision proceedings shall be considered for approval, approval with conditions or denial by the board as a public hearing matter and shall be scheduled for public hearing in the same Page 226 of 235 manner as an application for zoning atlas amendment and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded, and when effective, the Collier County Unified Land DEVELOPMENT Code. 2. Notice of public hearing. a. Notice to the public. i. Public notice shall be given in the same manner as for any ordinance affecting the use of land as set forth in F.S. ~ 125.01, and as required for an application for zoning atlas amendment as required in section 3.06.05 hereof and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded, and when effective, the Collier County Unified Land DEVELOPMENT Code. ii. The unintentional failure of the owner/operator seeking approval of a we/lfield CONDITIONAL USE permit or appealing an adverse ad m in istrative determination, to notify the contiguous property owner(s) or other persons shall not be grounds for a continuance of the hearing, nor in any way affect any action taken at such hearing. b. Notice to owner/operator. I. Notice of public hearing arising from county- initiated revocation or revision proceedings shall be served upon the owner/operator by certified return receipt mail no less than 15 days prior to the hearing. ii. The notice shall contain the following information: (a) Name and address of the owner/operator; and (b) A description of the regulated DEVELOPMENT; and (c) Specific citations to the section(s) applicable of the LDC alleged to be the basis of the proposed revocation or revision; and (d) The time, place and date of hearing; and (e) The following statements: (i) "Failure to attend may result in an Order being issued which may be adverse to your interest." Page 227 of 235 - "---, ....... - (ii) "All parties shall be given the opportunity to present witnesses and evidence in support of their position and to cross examine witnesses." (iii) "Pursuant to Section 286.0105, Florida Statutes, notice is hereby given that appeals from any decision of the County Commission with respect to any matter considered at the public hearing, will require a record of the proceedings and may require that a verbatim record of the proceedings be made." (f) The name and signature of the county manager. 3. Decisions by the board. a. At all public hearings, the board shall hear and consider all facts material to the application, petition or appeal and shall thereafter issue a decision based upon the greater weight of substantial competent evidence. b. The board may affirm, reverse or modify the action or proposed action of the county manager. c. In all cases the board shall render a decision within 14 working days from the date on which the hearing is concluded which shall be the final administrative action on behalf of the county. d. Any person who is a party to the proceeding before the board may apply to a court of competent jurisdiction for review in accordance with applicable Florida Rules of Civil Procedure and Florida law. e. There shall be no administrative review on behalf of the county other than that review specifically provided in this section. 10.04.12 Denial of Application [RESERVED] 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS [RESERVED] 10.05.01 Generally [RESERVED] 10.05.02 Major Amendment [RESERVED] 10.05.03 Minor Amendment [RESERVED] 10.06.00 APPEALS [RESERVED] 10.06.01 Applicability Page 228 of 235 10.06.02 Stay of Proceedings 10.06.03 Time for Applications 10.06.04 Final Action on Appeals 10.06.05 Judicial Review 10.07.00 ENFORCEMENT A. SIGN Violations 1. General. No SIGN shall hereafter be erected, placed, ALTERED or moved unless in conformity with this Code. All SIGNS located within Collier County shall comply with the following requirements: a. The issuance of a SIGN permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a SIGN or STRUCTURE in violation of an existing county, state or federal law or regulation. b. All SIGNS for which a permit is required shall be subject to inspections by the county administrator or his designee. The county administrator, or his designee, is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shall be made during business hours, unless an emergency exists. The county administrator, or his designee, may order the removal of any SIGN that is not in compliance with the provisions of this Code, is improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. c. The County Manager or his designee, or his designee shall be charged with interpretation and enforcement of this Code. 2. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. a. The owner, tenant, and/or occupant of any land or STRUCTURE, or part thereof, and an architect, builder, contractor agent, or other person who knowingly participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. b. Where any SIGN or part thereof violates this Code, the compliance service manager or his designee, may institute any appropriate action or proceedings to prevent, restrain, Page 229 of 235 --,~.,- -.. .. -- ----,..---- _.~. correct, or abate a violation of this Code, as provided by law, including prosecution before the Collier County Code Enforcement Board against the owner, agent, lessee, or other persons maintaining the SIGN, or owner, or lessee of the land where the SIGN is located. c. If a SIGN is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard BUILDING Code, as adopted by Collier County shall govern. d. Code enforcement shall immediately remove all violative SIGNS located in or upon public RIGHTS-OF-WAY or public property. e. Penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code, such person, firm, corporation, or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the county from taking such other lawful action In any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. ch. 162. 10.07.01 Responsibility for Enforcement [RESERVED] 10.07.02 Complaints and Investigations [RESERVED] 10.01.01 Notification of Violation [RESERVED] 10.08.00 CONDITIONAL USES procedures. A. General. A CONDITIONAL USE is a use that would not be appropriate generally or without restriction throughout a particular zoning district or Page 230 of 235 classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a CONDITIONAL USE if specific provision for such CONDITIONAL USE is made in this zoning code. All petitions for CONDITIONAL USES shall be considered first by the planning commission in the manner herein set out. Decisions regarding CONDITIONAL USES shall be quasijudicial in nature. B. Written petition. A written petition for CONDITIONAL USE shall be submitted to the County Manager or his designee indicating the basis in this zoning code under which the CONDITIONAL USE is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the board of zoning appeals must make under section 10.08.00 D. below. The petition should include material necessary to demonstrate that the grant of CONDITIONAL USE will be in harmony with the general intent and purpose of this zoning code, will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but is not limited to, the following, where applicable: 1. Conceptual site DEVELOPMENT PLANS at an appropriate scale showing the proposed placement of STRUCTURES on the property, provisions for ingress and egress, off-STREET parking and off-STREET loading areas, refuse and service areas, and required YARDS and other OPEN SPACES. The conceptual site DEVELOPMENT PLAN shall not be in lieu of, nor eliminate the need for, a site DEVELOPMENT PLAN under section 10.02.03, as applicable. 2. Plans showing proposed locations for utilities. 3. Plans for screening and BUFFERING with reference as to type, dimensions, and character. 4. Proposed landscaping and provisions for trees protected by county regulations. 5. Proposed SIGNS and lighting, including type, dimensions, and character. 6. DEVELOPMENTS shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. Habitats and their boundaries shall be identified on a current aerial photograph of the property at a scale of at least one inch equals 400 feet. Habitat identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System and Page 231 of 235 ',--" --_.~--- . --- ".--...-- - -=,_._-- shall be depicted on the aerial photograph. Information obtained by ground-truthing surveys shall take precedence over photographic evidence. 7. Where this zoning code places additional requirements on specific CONDITIONAL USES, the petitioner shall demonstrate that such requirements are met. Where the rezoning of land, as well as grant of CONDITIONAL USE, is requested simultaneously for the same PARCEL of land, both said petitions may be processed concurrently in accordance with the procedures set forth in section 10.02.08 and this section. C. Notice and public hearing. Notice and public hearing by the planning commission and the board of zoning appeals shall be as provided for under section 10.03.05 B., such that the provisions applicable to the board of county commissioners shall apply to the board of zoning appeals All testimony given shall be under oath and the action by the planning commission and the board of zoning appeals shall be quasi-judicial in nature. Additionally, the requirements of section 10.02.05 E. must be met. D. Findings. Before any CONDITIONAL USE shall be recommended for approval to the board of zoning appeals, the planning commission shall make a finding that the granting of the CONDITIONAL USE will not adversely affect the public interest and that the specific requirements governing the individual CONDITIONAL USE, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: 1. Consistency with this Code and growth management plan. 2. Ingress and egress to property and proposed STRUCTURES thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and ACCESS in case of fire or catastrophe. 3. The effect the CONDITIONAL USE would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. COMPATIBILITY with ADJACENT properties and other property in the district. E. Conditions and safeguards. In recommending . approval of any CONDITIONAL USE, the planning commission may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms Page 232 of 235 under which the CONDITIONAL USE is granted, shall be deemed a violation of this zoning code. 1. Any CONDITIONAL USE shall expire three years from the date of grant, if by that date the use for which the CONDITIONAL USE was granted has not been commenced. 2. Any CONDITIONAL USE shall expire one year following the discontinuance of the use for which the CONDITIONAL USE was granted unless the site was improved and/or STRUCTURES built for the specific uses approved by a CONDITIONAL USE and which cannot be converted to a use permitted by the underlying zoning designation of the site. 3. The board of zoning appeals may grant a maximum of one one-year extension of an approved CONDITIONAL USE upon written request of the petitioner. 4. Public facility dedication. The board of county commissioners may, as a condition of approval of the CONDITIONAL USE, require that suitable areas for STREETS, public RIGHTS-OF-WAY, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the CONDITIONAL USE, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the CONDITIONAL USE, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed as part of the CONDITIONAL USE approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the CONDITIONAL USE process. In any case, however, 'the county shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the CONDITIONAL USE. Page 233 of 235 .-- ..--- -".-.....~ . -'''~,~" --~..~.. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the board of reconsideration of approved CONDITIONAL USE and may result in a violation of this code pursuant to section 8.08.00. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the DEVELOPMENT phase which has infrastructure improvements available to the PARCEL of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the CONDITIONAL USE. F. Denial. If the planning commission shall recommend denial of a CONDITIONAL USE, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or such of them as may be applicable to the action of denial and the particular regulations relating to the specific CONDITIONAL USE requested, if any. G. Status of planning commission report and recommendations. The report and recommendations of the planning commission required above shall be advisory only and shall not be binding upon the board of zoning appeals. H. Board of zoning appeals action on planning commission report. Upon receipt of the planning commission's report and recommendations, the board of zoning appeals shall approve, by resolution, or deny a petition for a CONDITIONAL USE. The approval of a CONDITIONAL USE petition shall require four affirmative votes of said board. I. CONDITIONAL USES for school or religious purposes. A use which has been approved as part of a preliminary SUBDIVISION plat (formerly SUBDIVISION master plan) or a planned unit DEVELOPMENT for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site DEVELOPMENT PLAN approval, as applicable, and all other zoning requirements. J. Changes and amendments. The County Manager or his designee may approve minor changes in the location, siting, or height of BUILDINGS, STRUCTURES, and improvements authorized by the CONDITIONAL USE. Additional uses or expansion of permitted uses not shown on the conceptual site DEVELOPMENT PLAN or otherwise specifically provided for in the CONDITIONAL USE application shall require submission, review and approval of Page 234 of 235 a new CONDITIONAL USE application. K. CONDITIONAL USE application processing time. An application for a CONDITIONAL USE will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a CONDITIONAL USE will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the CONDITIONAL USE, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the APPLICANT of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. 1. Applicability. All applicatio,s for CONDITIONAL USE whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section 10.08.00 K. above. Page 235 of 235 ._._o__.,,^^ .-.- m_._._. _"""_"',""_~M ,,_. APPENDIX A STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS The following specimen forms are to be used as a guide to preparation of bonding instruments which will be submitted to the BCC 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 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 or the county attorney's office. These specimen forms may be revised from time to time by resolution of the BCC. -.'.,"'. .'.__._--~_..~ - IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name and street address 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 Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. 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, 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. 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 (1983 Revision) International Chamber of Commerce Publication No. 400. (Name of Issuer) By: (insert title of corporate officer-- must be signed by President, Vice President or Chief Executive Officer) .".- _."_0"_ --.,-.-. ".-- ~._.._...- PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (NAME OF OWNER) (ADDRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADDRESS 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 subdivision plat named and that certain subdivision 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 final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). 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 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 - (Owner's witness and signature block) (Surety's witness and signature block) (notary and acknowledgment for both Owner and Surety required) 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"). 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. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 (C) and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the County Manager or his designe~ within months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $ from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the County Manager or his designee shall approve the release of any remainder of escrowed funds except to the extent of $ , which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. --",,--- ......-. --~'".- ._- --'~< However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the lender in exchange for such funds a statement to be signed by the County Manager or his designee to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and (d) The County will promptly repay to the lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the lender for release of the specified funds to the Developer. Payment by the lender to the Developer of the amounts specified in a letter of authorization by the County to the lender shall constitute a release by the County and Developer of the lender for the funds disbursed in accordance with the letter of authorization from the County. 6. 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 Subdivision Regulations. 7. 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 the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required 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. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the County Manager or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board. the Lender's responsibility to the Board under this Agreement is terminated. 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. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon 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, SEALED AND DELIVERED IN [Developer Name) THE PRESENCE OF: By: Printed or Typed Name Printed or Typed Name Printed or Typed Name [Lender] By: Printed or Typed Name Printed or Typed Name Printed or Typed Name A TIEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Deputy Clerk Chairman Approved as to form and legal sufficiency: County Attorney ~_.,,- ,__"'__"_~'0_" ._- '. -"....- 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 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, 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. 8. 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 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. 9. All of the terms, covenants and conditions herein contained are an 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, SEALED AND DELIVERED IN [Developer Name] THE PRESENCE OF: By: Printed or Typed Name Printed or Typed Name Printed or Typed Name --,., [Lender] By: Printed or Typed Name Printed or Typed Name Printed or Typed Name ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Deputy Clerk Chairman Approved as to form and legal sufficiency: County Attorney CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered into this day of ,20 by and among , an independent special district and body politic of the State of Florida (the "District"), (the "Developer") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "Board"). RECITALS: A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of the subdivision to be known as (the "Plat"). B. Chapters 4 and 10 of the Collier County Land Development Code (the "Code") requires the District and the Developer to provide certain guarantees to the Board in connection with the construction of the improvements required by the Plat. C. The District and the Developer desire to provide the required guarantees to the Board hereby. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the District, the Developer and the Board do hereby covenant and agree as follows: OPERATIVE PROVISIONS: 1. Required Improvements. The District will cause to be constructed: (collectively, the "Required Improvements"). Subject to Paragraph 3 hereof, the Required Improvements will be constructed within thirty-six (36) months from the date that the Board approves the Plat. 2. Security for Required Improvements. A construction fund (the "Construction Fund") has been established by resolution of the District adopted on , 19/20 (circle one) (the "Bond Resolution") from which the cost of construction of the Required Improvements shall be paid. The Construction Fund shall be held in the custody of a bond trustee (the "Trustee"). Proceeds of bonds authorized to be issued by the District pursuant to the Bond Resolution shall be deposited, at a minimum, in the Construction Fund as follows: $ for costs of the Required Improvements (the "Construction Amount") and $ representing ten percent (10%) of the Construction Amount (the "Reserve Amount"). The Reserve Amount shall be retained as a reserve in the Construction Fund pursuant to Paragraph 5 hereof. In addition to the foregoing, proceeds of the Bonds shall be deposited with the Trustee to be held as capitalized interest and which, together with interest earned on the Bond proceeds deposited in the Construction Fund, shall be sufficient to pay interest on the Bonds during the ( ) month period following the issuance thereof. In addition, proceeds of the Bonds shall be deposited with the Trustee in the Debt Service Reserve Account established by the Bond Resolution in an amount sufficient to pay approximately ( ) months of debt service on the Bonds. There shall be sufficient monies in the construction fund to construct the required improvements and all other improvements authorized by the Bond Resolution, as well as to fund the Reserve Amount. -'-~ ---"..~ .- 3. Construction of Required Improvements. (a) Annexed hereto and made a part hereof as Exhibit A is a Construction Schedule relating to the Required Improvements (the "Construction Schedule"). The District shall commence construction of the Required Improvements within ( ) days following written construction approval to the District from the Development Services Department and the issuance, sale and delivery of the Bonds (the "Commencement Period"). The District will pursue construction of the Required Improvements to substantial completion within ( ) months following the end of the Commencement Period (the "Construction Period"). (b) In the event the District fails to: (i) commence construction of the Required Improvements within the Commencement Period; or (ii) substantially complete construction of the Required Improvements prior to the expiration of the Construction Period, upon written notice to Developer by the Board, Developer shall immediately become responsible for the construction of the Required Improvements. The obligation to construct the Required Improvements within the Construction Period shall be a joint obligation of both the District and the Developer. 4. County Manager or his designee's Preliminary Acceptance of Required Improvements. The Development services Director shall not consider the Required Improvements complete until a statement of completion by the District's or Developer's consulting engineers, together with the final project records related thereto, have been furnished for review and approval to the County Manager or his designee of Collier County, Florida (the "Director") for compliance with the Code. Within sixty (60) days of receipt of the statement of completion from the District, the Director shall either (a) notify the District or Developer, in writing, of its preliminary acceptance of the Required Improvements; or (b) notify the District or Developer, in writing, of his refusal to preliminarily accept the Required Improvements, therewith specifying those conditions that the District or Developer must fulfill in order to obtain the County Manager or his designee's Preliminary Acceptance of the Required Improvements. In no event shall the Board refuse Preliminary Acceptance of the Required Improvements if they are constructed and submitted for approval in accordance with the requirements of this Agreement. 5. Maintenance and Reserve Amount. The District or Developer, as the case may be, shall maintain all Required Improvements for a minimum of one year after preliminary approval by the County Manager or his designee. After the one year maintenance periOd by the District or Developer and upon submission of a written request for inspection, the County Manager or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code shall recommend approval to the Board. The District or Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for the County. Sums equal to the Reserve Amount shall be maintained by the Trustee on deposit in the Construction Fund until the final approval of the Required Improvements. The Board shall reflect its acknowledgment of such finding by notifying the District, in writing, of its final approval of the Required Improvements. Upon receipt of notice of such final approval, the District shall no longer be required under this Agreement to maintain the Reserve Amount on deposit in the Construction Fund. In the event that during the inspection the Director finds that all or some portion of the Required Improvements are not in compliance with the Code, the Director shall promptly specify, in writing, to the District those deficiencies that must be corrected in order to bring the Required Improvements into compliance with the Code. The District shall apply the Reserve Amount to payment of the cost of correcting such deficiencies. In the event the District fails to pursue such corrective action, the Developer shall bring the Required Improvements into compliance with the Code. Upon correction of the specified deficiencies and written notice thereof, the Director shall gain inspect the Required Improvements and, if found to be in compliance with the Code, shall submit such findings to the Board for its final approval thereof. 6. Plat Recordation. The parties acknowledge that this Agreement is a "Construction and Maintenance Agreement of Subdivision Improvements" within the meaning of, and meeting the requirements established by, section 10.02.04 of the Code. The parties acknowledge and agree that following the Board's approval of the Plat: a. The Developer shall not be entitled to record the Plat until the Board receives: (1 ) Written notice from the Trustee that sums at least equal to the Construction Amount and Reserve Amount are on deposit in the Construction Fund (the "Trustee Notice"); (2) Written notice from District and the Trustee that: (a) The project for which bond proceeds have been received by District includes the Required Improvements; (b) Such Bond proceeds are sufficient to finance the Required Improvements as well as all other improvements to be financed by the Bonds (collectively "the Project") and to fund the Reserve Amount. The Trustee's representation that funds are sufficient to finance the Project for which Bond proceeds have been received as well as to fund the Reserve Amount is based upon the District Engineer's estimation of construction costs which is attached hereto and incorporated herein; and (c) The Project cannot be amended or changed without the consent of the Board (the "Project Notice"). (3) A representation and warranty from the District that all governmental permits to enable the District to commence construction of the Required Improvements have been obtained ("Permit Warranty"); and b. Upon receipt by [of] the Board of the Trustee Notice, Project Notice and the Permit Warranty, Developer shall be entitled to record the Plat without further condition, other than payment of any related recording fees established by applicable law and the execution of the Plat by all required parties. 7. Liability. The County shall have no liability whatsoever to the bond holders. Neither the enforcement of the terms of this Agreement by the County nor the failure to enforce such terms shall create any liability whatsoever to the bond holders, the District, or the Developer. Any disclosure document prepared by the District or Developer in the offering of such Bonds shall provide a statement as described above relating to the lack of liability of the County. 8. Miscellaneous. All of the terms, covenants and conditions herein contained are, and shall be, binding upon the respective successors and assigns of the District, Developer and Board. By execution below, the Trustee shall evidence its acknowledgment of and assent to the matters addressed herein. Any notice, demand, request or instrument authorized or required to be given or made hereby shall be deemed to have been given or made when sent by certified mail, return receipt requested, to the appropriate party at their address set forth below: To the District: ~-_.< p- To the Developer: To the Board: c/o County Manager Collier County Government Center 3301 East Tamiami Trail Naples, FL 33962 With a Copy to: Collier County Attorney Collier County Government Center 3301 East Tamiami Trail Naples, FL 33962 To the Trustee: IN WITNESS WHEREOF, the District, the Developer and the Board have caused this Agreement to be executed by their duly authorized representatives as of this day of 20 SIGNED, SEALED AND DELIVERED IN DISTRICT: THE PRESENCE OF: ATTEST: By: District Secretary Its: DEVELOPER: Witness DEVELOPER: By: Witness Its: ATTEST: BOARD: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR!DA By: Deputy Clerk By: Chairman Approved as to form and legal sufficiency: County Attorney Acknowledged and assented to: as Trustee under the within-mentioned Bond Resolution By: Its: Date: _.~.. _.,-' -"'''''"''' CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS PRIOR TO RECORDING OF PLAT 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." RECITALS: 1. 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: 2. Chapters 4 and 10 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. 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 agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $ which represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the County Manager or his designee, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 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 the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director'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 inn 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 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 ten percent subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator 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 and maintained, pursuant to public advertisement and receipt of 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 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. 8. All of the terms, covenants and conditions herein contained are and shall be biding 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 Witnesses to (Developer Name) (entitv) Developer By: (printed name and title) Witnesses to (Lender Name) ( entitv) Lender By: (printed name and title) ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIGHT E. 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CD ;JJ , ~ s. ~ 0 ~ 8 -. ~. -. 0 ;JJ Z 00 Q) 0 g :J :J n fTl ClJ ;>:;-t IJ) fTl > ? 0 ~ fR fTl Q ~ .. c;_ r- " 0 o () " III to ....... n OJ 0 Q D t.N t1l ~ Cl APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (SEE LDC section 10.02.04 for applicable, specific provisions) The following text and format are intended as a guide for preparers of those platting materials required to be submitted ,to reviewing authorities, including the project review services department, utilities division, county health department, county attorney and the SCC. Adherence to this format and text will substantially expedite review. Substantial deviation in substance or form from the suggested text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFICATE State of Florida ) ) SS County of Collier ) The undersigned hereby certifies that this plat was prepared by me or under my supervision and that the depicted survey data complies with all of the requirements of Chapter 177, Part I, Florida Statutes. Permanent reference monuments will be set prior to the recording of this plat and permanent control points and lot corners will be set prior to final acceptance of required improvements. (Siqnature) (Printed Name) Florida Professional Land Surveyor No. Date COUNTY COMMISSION APPROVAL State of Florida ) ) SS County of Collier ) This plat approved for recording in a regular open meeting by the Board of County Commissioners of Collier County, Florida, this day of -- ^ ...u._ ,20 , AD., provided that the plat is filed in the office of the Clerk of the Circuit Court of Collier County, Florida. , Clerk Chairman, Board of County Commissioners Collier County, Florida FILING RECORD I hereby certify that this plat has been examined by me and that it complies in form with the requirements, of Chapter 177, Florida Statutes. I further certify that said plat was filed for record at (a.m. or p.m.) this day of , 20 , AD. and duly recorded in Plat Book Page(s) , inclusive, of the Public Records of Collier County, Florida. I IBY: ' Clerk I ENGINEERING REVIEW SERVICES This Plat approved by the Engineering Review Services Section of the Community Development Division of Collier County, Florida this day of ,20 ;A.D _ Engineering Review Services Director Collier Coun ,Florida COUNTY A TIORNEY This Plat approved by the Collier County Attorney this day of ,20 , AD. I Collier I I County Attorney DEDICATIONS State of Florida ) SS County of Collier ) KNOW ALL MEN BY THESE PRESENTS that (owner(s)), the owner of lands described hereon, have caused this plat entitled (name of subdivision) to be made and do hereby: A. Dedicate to Collier County or the public: 1. The rights-of-way for depicted streets, roads, or ingress & egress easements as shown hereon for the purpose of access, ingress & egress and any other purposes shown. 2. Any tracts or easements intended to be conveyed to the public for such purposes as they may be required, Le., canal rights-of-way/easements, drainage or stormwater management easements, etc. B. To Collier County Water-Sewer District or any other applicable entity: Le., Immokalee Water-Sewer District, etc.: 1. all water and sewer utility facilities constructed within this platted area, upon acceptance of the improvements required by the applicable land development regulations. 2. To Collier County Water-Sewer District (or any other applicable entity: Le., Immokalee Water-Sewer District, etc.) indicated. C. Dedicate to the insert appropriate entity name(s) home/property/lot owners' association, or to any other lawfully existing entity, which must have the power or authority to perform the obligation to maintain being dedicated, along with the responsibility for such maintenance: 1. Private road rights-of-way, 2. Drainage or stormwater management easements, 3. Landscape buffer easements, 4. Lake maintenance easements, ~~",,_'._d.._..'___"______ '___'W ~~..~ 5. Access easements, 6. Or any other similar easement or tract intended to be dedicated for a set purpose{s) Such tracts or easements must be dedicated to a homeowner's association or to any other lawfully existing entity which has or would have at the time of final plat recording the power or authority to perform the obligation to maintain, along with the responsibility for such maintenance. D. A non-exclusive public utility easement (P.U.E.) to all licensed or franchised public or private utilities as shown on this plat for public utility purposes, including construction, installation, maintenance, and operation of their respective facilities, including cable television services, provided that such uses be subject to, and not inconsistent with, the use by the Collier County Water-Sewer District. In the event a cable company damages the facilities of another public utility it will be solely responsible for said damages. E. Reserve to the state appropriate owner entity{s) name{s): 1. any tracts intended for "Future Development," or being retained for other stated, specific purposes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER I WITNESSES: /BY:_ I ACKNOWLEDGMENT All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. WAIVER AND RELEASE NOTE: On ,of 20 the owner{s) executing the Dedication, as the holders of record title or other specified interests, expressly waived and released the County from any claims of vested rights and equitable estoppel pertaining to the issuance of a Certificate of Public Facility Adequacy in accordance with Collier County. PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAY BE PROVIDED AS A SEPARATE INSTRUMENT AS SET FORTH IN 9 177.081(2), F.S., ADDITIONAL RECORDING FEES MAYBE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED. MORTGAGEE'S CONSENT STATE OF ) FLORIDA } COUNTY OF ) COLLIER (mortgagee), authorized to transact business in the State of Florida, hereby certifies that it is the holder of a mortgage upon the herein described property as recorded on O.R. Book , Page of the Public Records of Collier County, and does hereby join in and consent to the dedication of the property by the owner, and agrees that its mortgage shall be subordinated to the dedications shown hereon. I I NAME I TITLE All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH MORTGAGE -<-- ---..-.'" _._._,-,- -"..~, APPENDIX D AIRPORT ZONING* * Editors Note: Appendices I through IV have been designated as "Appendix 0, Airport Zoning" at the discretion of the editor. Appendix I. [Airport Zoning Maps] Appendix II. Naples Airport Noise Zone Map Appendix III. Activities andlor Land Uses Guidance Chart with Soundproofing Requirements Appendix IV. Required Sound Transmission Class Ratings APPENDIX I. [AIRPORT ZONING MAPS] -.,.- Appendix I. [Airport Zoning Maps] " ~ 3lJ -II . . . .I. ... ... .... . . . . . . . I ~ .. ":"'l .. . + ~ 'tr ~~ . . . . . ... ~ - ~. l;. e:E ~ Ij II Ill: .. 0 .. ~.. . .,. .. It I. . . . I\. - ,. .J. .6. . "" '''",~ "" . ,t. , , I ....... ~ ~ ~~~. . . . "0 .. . . .. .. , " . oj ~,~ il, .I. ... ... .. . .. \ :.1. ~~ ..n, 'l: 0 . . -- -- - - .. . . . . - - . t-- . . . -. . - . trI- C!J' _ ,~ . ';"' . - .~ . . . . . ~ .., D- . I..;. "'~l'!I... . . . . . . . ...... . . . :..! . - . . . . , .. ~. ~ == - .. . . . . . . - . J. ~ L:) . g . - . . . . - .I. 1It'. ~ ~ 11'. -. ~- . . . . . . - . .:. ~ oil - ~ . . ~ . . . . . . . . - - p'. V ~ :.J 'l .J .. . . . I . . . . - . J. , t \. , . ,.-. 11III - -- ~ - -- -- :::=w-u:=: ~.J.r..... ~ Mill'" lU<_"'- ZONING MAP A. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTION 4.02.06 (N)) ZONING MAP B. MARCO ISLAND [EXECUTIVE] AIRPORT (SEE SECTION 4.02.06 (N)) . I i I . . . ~~. -. ^ .~,,- ZONING MAP C. EVERGLADES AIRPORT (SEE SECTION 4.02.06 (N)) ZONING MAP C. EVERGLADES AIRPORT - . I{ + . - II , ZONING MAP D. IMMOKALEE AIRPORT (SEE SECTION 4.02.06 (N)) ZONING MAP D. IMMOKALEE AIRPORT , . I{I{ I I' i i I If.- -+ '--~ --- APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTION 4.02.06 (N)) APPENDIX D-AIRPORT ZONING App. D, App. II APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTION 2.2.23) '.. ~ PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION SCALE: ~ COt.lt.lUNITY DEVELOPlAENT AND ENVIRONMENTAL SERVICES DIVISION 1500 JOOO &000 r..t OA TE: 7/03 fiLE: AIRPORT-NZ-2-2003.DWG NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP APPENDIX UI. ACTIVITIES AND/OR LAND USES GUIDANCE CHART WITH SOUNDPROOFING REQUIREMENTS (SEE SECTION 4.02.06 (N)) Land Use Noise Zones A 75 Ldn B 75-70 Ldn C 70-65 Ldn D 65-60 Ldn RESIDENTIAL Single--Units NR SLR-30 SLR-25 SLR-25 detached T ownhouses-- Attached Duplex Mobile homes NR SLR-30 SLR-25 SLR-25 Multifamily NR SLR-30 SLR-25 SLR-25 Motels-- NR SLR-30 SLR-25 SLR-25 Residential Motels-- Tourist NR SLR-30 SLR-25 SLR-25 Other residential NR SLR-30 SLR-25 SLR-25 NR Not recommended, the land use is not compatible within the identified noise zone. However, if the applicant chooses to develop within the identified noise zone, a sound level reduction (SLR) of 35 must be incorporated into the design and construction of the structure. SLR Sound level reduction. 35,30,or25 The land use is generally compatible, however, a sound level reduction (SLR) of 35, 30 or 25 must be incorporated into the design and construction of the structure. Permitted No sound level requirement reQuired. Note: This table is a general guide. The responsibility for determining the acceptability and permissible land uses remains with the authority of the Bee. All other land uses not specified above shall be permitted in the noise zones pursuant to the applicable zoning district and shall not be required to meet SLR requ irements. I i I APPENDIX IV. REQUIRED SOUND TRANSMISSION CLASS RATINGS (SEE SECTION 4.02.06 (N)) 403.2. Compliance with the aircraft sound isolation performance standards shall be established by certification from a registered professional architect or engineer that when constructed in accordance with the approved plans and with quality workmanship, the building shall achieve the specified interior noise levels, or by the use of assemblies having the Sound Transmission Class ratings specified in Table 403.2. TABLE 403.2. MINIMUM SOUND TRANSMISSION OF ASSEMBLIES % Openings Noise Reduction Exterior Walls and Exterior Doors, Roofs Windows and Sloped Glazing 1--25% 35 Ldn 30 Ldn 25 50 45 39 42 37 28 Ldn 26--70% 35 Ldn 30 Ldn 25 55 50 45 4541 37 Ldn Standard for Sound Control/1988 Source: Southern Building Code Congress International, Inc., SBCCI Standard for Sound Control SSTD 8-87, Copyright 1987 -~.. .. N.".,~ ,- .... --.,- ...~ - ...- APPENDIX E ACCESS MANAGEMENT PLAN MAPS EXPLANATION OF LEGEND AND NOTATIONS ON ACCESS MANAGEMENT PLAN MAPS: Existing buildings and structures -, ~enerally represents the shape, size and location of structures (primarily nonresidential) existing at the time of adoption of the map. Some uses are identified for geographic reference (e.g., banks) and others because of high traffic generation (e.g., convenience stores, shopping centers). Existing ingress/egress - Indicates an existing drive or driveway into a project at the time of adoption of the map. Approved ingress/egress, unbuilt - Indicates a drive, driveway or roadway approved by an existing development order (PUD, planned unit development or SOP, site development plan) but not constructed at the time of adoption of the map. I New ingress/egress - Indicates desired location of future access points. Future development orders could only be approved if access points comply with these locations. Monitor for future modification/removal- Indicates an existing or approved but unbuilt access point, at the time of adoption of the map, which is to be monitored (review and analyze accidents reports, traffic volumes, and operating conditions within close proximity to the site) for possible modification or removal. Usually this symbol is accompanied by the potential change identified in parentheses, e.g., "{possible removal)." Access points may be modified thru median modification (e.g., change median opening from full to directional, etc.) and/or at the access point itself. Median modification may occur independent of site development activity. Modification or removal of the access point itself may occur at time of site redevelopment, significant site alteration, or change in use. Existing medians - Depicts location and shape of existing restrictive medians (grass or concrete median, not painted median) at the time of adoption of the map. Median dimensions are representative - no field measurements were performed. Sidewalk - Indicates existing paved sidewalk at the time of adoption of the map. Possible traffic light - Indicates the possible location of a traffic light at some time in the future. --. _. ------ ---".--- Future closure of median opening - Indicates the planned or approved closure of an existing median opening due to scheduled roadway improvements. Possible closure of median opening - Indicates the possible closure of an existing median opening. Future modification of median opening - Indicates the planned or approved modification of an existing median opening, e.g. change from full opening to directional. Possible modification of median opening _ Indicates the possible modification of an existing median opening. Shares access encouraged - Indicates desire for one access point to serve two or more parcels of land. Staff would encourage/request this at time of development order review. Adjacent parcels under same ownership may be limited to a single access point onto the major roadway. Interconnect encouraged - Indicates where an interconnection between properties appears appropriate. Staff would encouragelrequest this at time of development order review. Potential interconnect - Indicates general location where an interconnection between properties appears appropriate and where one of the two parcels is already developed. Staff may encouragelrequest this at time of development order review of the undeveloped parcel and at time of redevelopment or significant use change for the existing developed parcel. No direct access to (name of road) - Indicates a parcel cannot obtain access from the specified roadway resulting in access being obtained through interconnection with an adjacent property and/or from some other street. No direct access to (name of road) unless a shared access point - Indicates a parcel cannot obtain access from the specified roadway _ resulting in access being obtained through interconnection with an adjacent property and/or from some other street - unless the access is shared with an adjacent property. Future removal, future right-in, right-out, etc. - Indicates a planned or approved change to an access point due to scheduled roadway improvements (e.g., planned future 4-laning will include median modification such that an access point changes from full to directional) or due to an approved development order for different land use which existing access point removed or modified. Possible removal, possible right-in, right-aut, etc. - Indicates a possible change to an access point due to future median modifications not yet planned or as a result of monitoring the access point. . .. . . It . . .. . . . . .. 4. . I : ' . . , I I I J I I . : I . . . I .. . i i . 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I .1 1 i ,j I, I II ~ _ t II' . ~ ~ I' !II I liO~-'G-% J . f . .. - ~ 111111I11 I ~ I ~ I : ~ I I MMIo I -..- .; - I . . ~ r . I ...~ " J~ i I ~I ~I - - r'..i -..I. 1- z.. ;/-1 I ,," <~ ,i t I ..., I JJI II I H z- f 11I3 ,Ii I1J ." i !.~ a i II a !a ~ II' II J J I i iJ, i if 11111 II ! U It ! I' ~ I I III r · f II! 1 ;" ; f I )f t , r J I , J , -, ~I oBI I flli I II ~1II1' 1Il~ Ii 0 J.....-% · · I ...- ~ 1--- W Ii ~! - ..~.- ."," , APPENDIX F LIST OF COLLIER COUNTY PUD ORDINANCES-.June 26, 2003 PUD Name Ord. No AIRPORT PLAZA 95-68 ANGILERE 96-56; 97-16 APRIL CIRCLE 89-76 (Wind song Apts.) ARBOR LAKE 90-37 CLUB ARBOR TRACE 82-50 (Was Hawks Nest) ARETE/NAPLES 90-83; 92-36 NATIONAL GOLF ARLINGTON 00-67 LAKES ARROWHEAD 91-44 Rpld.; 02-40 ASHLEYS 90-108 Rpld.; 97- SERVICE 76 STATION ASTRON PLAZA 90-69; 96-49 AUDUBON 82-48; 87-77; 91- COUNTRY CLUB 53; 96-1 BAILEY LANE 89-14 (Coco Bay); Rpld. 95-37; 00-78 BAILEY 87-92; 92-23 (Now EXECUTIVE Wilson PARK Professional Center) BAY FOREST 81-7; 88-91 BEACHWAY 90-45 Rpld. Now Collier Tract 21, 99-97 BEAR CREEK OF 92-20 NAPLES BEAR'S PAW 83-42 BEMBRIDGE 98-86 BERKSHIRE 83-46; 85-35; 85- LAKES 75; 86-21; 87-82; 87-83; 91-45; 98- 5; 98-54 BOT ANTICAL 03-29 GARDENS BOYNE SOUTH 99-25 BREEZEWOOD 89-95; 97-41 Rpld.; 99-88 __M c.__ BRENTWOOD 90-36 Rpld.; 97- 47; 99-89 BRETTONE 87-15; 88-67; 89- PARK 10; 98-112; 00-9; 01-32 (Embassy Woods/Glen Eagle) BRIARWOOD 76-22; 89-36; 95- 33 BRIDAL PATH 75-10 (Now Foxfire) BRIDGET LAKE 86-90; 91-66 BRITTANY BAY 00-77 APARTMENTS BYRNWOOD 00-73 PRESERVE BUCKS RUN Was Mauriel PUD; 99-79 Rpld.; 01-67 CALI 85-36; 87-8; 89-82 INDUSTRIES (Now 1-75/Alligator CONDO/MOTEL Alley) CAMBRIDGE 98-89 SQUARE CARILLlON 91-111 CARL TON LAKES 88-56; 92-48; 94- 60 Rpld.; 95-35 Rold.; 99-75 CAS A DEL SOL 89-70 Rpld.; 98-14 GOLF/CNTRY. (Now Naples CLUB Forest Cntry. Club); 99-31 CASTLEWOOD 01-16 @ IMPERIAL CA Y LAGOON 92-37 CEDAR 98-115 HAMMOCK GOLF & COUNTRY CLUB CHAMPION 00-21; 01-1 LAKES R.V. RESORT CHARLEE 03-05 ESTATES CHESHIRE 84-53 ARMS CITRUS 86-33; 89-25 GARDENS (Lakeside) CITY GATE 88-93 COMMERCE PARK CLESEN 98-1 0 CLUB ESTATES 97-69 Rpld.; 99-31 COCOHATCHEE 00-88 BAY COCOHATCHEE 88-30 RIVER TRUST COLLEGEWOOD 95-65 COLLIER BLVD. 01-10 MIXED USE COMMERCE CENTER COLLIER 86-77 DEVELOPMENT COLLIER 88-40 HEALTH CENTER COLLIER TRACT 99-97 (VVas 21 Beachway PUD) COLLIER TRACT 91-21 (Collier's 22 Reserve) COLLIER 87-6; 90-18 VILLAGE COMMONS 80-42 PROFESSIONAL PARK COVENTRY 93-18 (Days Inn) COURTHOUSE 85-11; 92-8 SHADOWS CREEKSIDE 97-51 COMMERCE PARK CRESCENT 81-65; 86-26 LAKES ESTATES CRESTWOOD 90-7 CRICKET LAKES 80-28 CROWN POINTE 87-31; 89-31; 90- 59 CRYSTAL LAKE 84-73; 90-1; 94-61 CYPRESS GLEN 87-18; 92-83 Rpld.; 02-37 ._- CYPRESS 87-3 GREEN APARTMENTS CYPRESS 81-80; 84-73 HEAD/CRYST AL LAKE CYPRESS 97-36 WOODS GOLF & CNTRY.CLUB DAVENPORT 87-75 DA VINCI 00-11 Rpld.; 01-36 ESTATES IN OlDE CYRESS DAYS INN 78-57; 78-85; 86- 12 (Coventry Square) DEVOE PONTIAC 97 -14 DONOVAN 90-84 Rpld.; 97-73 CENTER DOVE POINTE 86-62; 91-64 DUNES 98-24 Rold.; 00-74 DYNABEl 93-21 Rpld.; 99-41 (There is an error in the repeal section of this ordinance that has not been corrected. ) EAGLE CREEK 81-4; 82-53; 85-8; CNTRY.CLUB 85-52; 85-5; 88- 10; 91-113; 96-79 EAST GATEWAY 03-11 E. NAPLES 84-70; 98-4 COMMUNITY PARK E. TOll PLAZA 85-57; 88-38 R.V. RESORT E. TRAil R.V. 91-91 Rpld.; (Now PARK Habitat Place); 00- 35 EASTRIDGE 84-72; 89-13 (Now Plantation) EBOLl 97 -23 EDISON VILLAGE 00-83 EM ERAlD/BRI DG 82-36; 82-89; 91- ET LAKES 66; 91-92; 91-99 FALLING 89-44; 93-42; 95- WATERS 36 FALLING 98-33 Rpld. 0Nas WATERS BEACH Woodfield Lakes), RESORT 01-68 FALLS OF 82-62; 91-109 NAPLES, LTD. (Pine Ridge Crossings); 02-67 FIDDLERS 84-42; 96-42; 96- CREEK 74; 98-13; 98-38; 00-84 FIDDLERS 02-61 CREEK CDD#2 FIRST 93-57 Rpld.; 96-58 ASSEMBL Y OF Rpld.; 96-86 GOD (United Methodist Church 951); 99- 59 FIRST BAPTIST 96-2 Rpld.; 99-78 CHURCH FLORIDA 82-73 POWER/LIGHT FLOW WAY CDD 02-09 FORD MOTOR 84-8; 84-54; 98-9 CO. FOREST GLEN 98-39 Rpld.; 0N as OF NAPLES Naples Golf Estates) 99-69 FOREST LAKES 76-50 HOMES FOUNDER'S 96-5 Rpld.; 98-40; PLAZA 02-68 FOUNTAIN PARK 99-5 FOXFIRE 75-10; 80-10; 81- 68; 84-49; 84-50; 85-24; 88-68; 93- 31 GADALET A 88-50 Rpld.; 89- 84; 97-7; 98-28; 03-26 (Now North Naples ResearchfT echnol ogy PUD) GALLMAN OLDS 86-6 DEALER ^--" GARDEN LAKE 89-9 APRTMTS GARDEN WALK 96-4 VILLAGE GATEWAY 85-29 GERMAIN AUTO 90-50 FACILITY GLEN EDEN 99-3 PARK G.G. HEALTH .92-82 Rpld.; 00-15 PARK (Now GG Commercial Park); 00-41 G.G. 00-15; 00-41 CNas COMMERCIAL GG Health Park) PARK GOLDEN GATE 84-40 VILLAS (Meadowood Club) GOLDEN POND 98-35 GOODLAND 01-30 GATEWAY GOODLETTE 02-08 CORNERS GRANADA 98-91 Rpld.; 01-17 SHOPPES GREEK 90-72 ORTHODOX CHURCH GREEN 83-51 ; 85-23 BOULEVARD GREEN HERON 82-40; 84-21; 95- 30 (Sapphire Lakes) GREEN TREE 81-58; 84-33 CENTER GREY 90-47; 90-48; 96- OAKS/HALST A TT 82; 97-45 Rpld.; 98-94 Rpld.; 00-46 HABITAT PLACE 00-35 CNas East Trail R.V. Park) HAMIL TON 99-68 (Part of HARBOR Sabal Bav 86-77) HAMMOCK PARK 00-79 OF COMMERCE HARVEST FOR 99-80 HUMANITY HAWAIIAN 81-22; 81-34 VILLAGE HAWKS NEST 82-50; 89-91 (Arbor Trace) HAWKS RIDGE 89-94 H.D. 03-30 DEVELOPMENT HENDERSON 02-15 CREEK HENDERSON 80-90; 81-66 CREEK VILLAGE HERON LAKES 83-47; 90-79 HERITAGE 88-74; 91-73 HIBISCUS 00-76; 02-46 VILLAGE HIDEAWAY 79-68; 80-81; 84- BEACH 67; 89-29; 90-106; 92-11; 95-59 HUNTINGTON 94-38 HUNTINGTON 82-22; 86-2 WOODS (Americana Lutheran Church) IBIS COVE 99-21 IMMOKALEE RD. 93-26 CENTER IMPERIAL LAKES 82-81 IMPERIAL WEST 82-80; 87-58 INDIGO LAKES 99-71 Rpld.; (yVas Wyndam Park, Rold. 99-9), 01-53 1-75/ALLlGA TOR 85-36; 87-8; 89-82 ALLEY (Was Cali Industries motel/hotel) 1-75/COLLlER 00-89 BLVD. COMMERCIAL CENTER ISLAND PINES 88-94; 97-38; 97- GARDENS 72 ISLAND WALK 97 -6; 98-58 JACARANDA 97-4 CENTER JAEGER 85-30 , ',""-- KENSINGTON 92-25 Rpld.; 98-8 PARK KENSINGTON 87-72 PLACE KELLER ENTRY 80-35 LEVEL KINGS LAKE 80-83; 82-52; 84- 12 KREHLlNGIWYN 75-34; 82-120 OEM ERE <.. LA FONTANA 93-9 LAGO VERDE 84-81 LAKE AVALON 83-36 Rpld.; 91- 87; 96-13 (Sudgen Park) LAKEWOOD 76-51 LANDS END 94-43 Rpld. PRESERVE (Barefoot Bay); 03-05 LAUREN OAKS 86-70; 92-47 (Now Lauren Pines)- LAUREL WOOD 94-63 LAWMETKA 90-26 Rpld.; 99-4 PLAZA Rold.; 02-51 LEAWOOD 91-9; 94-11; 95-77 LAKES IV LEL Y BAREFOOT 77-48; 81-76; 85- BEACH 21,85-83; 87-53; 88-63; 01-35 LEL Y BAREOOT 85-22; 87-52 BCH. CONDO. LEL Y COUNTRY 76-41; 77-60; 84- CLUB 85; 86-86 LEL Y LAKES 93-32; Rpld. by 98-85 LEL Y LAKES 98-85 GOLF RESORT LEL Y PALMS OF 82-25; 97-5 NAPLES LELY 86-18 RESEARCH/DEV ELOP. PARK LELY, A RESORT 85-17; 91-29; 92- COMMUNITY 15; 92-38 LEL Y SQUARE 85-66 LITTLE HICKORY 79-65 BAY CONDO. LIVINGSTON 99-18 LAKES LIVINGSTON RD. 90-49; 92-31 CNTRY.CLUB Rpld.; (Now Mediterra) 99-41; 00-12 LIVINGSTON 03-23 VILLAGE LOCH LOUISE 84-90; 86-3; 87-30 (Now W. Crown Pointe) LOCH RIDGE 86-79 (Kingswood Garden); 00-38 LONE OAK 86-11; 87-76; 89- 30 (Walden Oak) LONGSHORE 87-54; 90-93; 93-3 LAKE MADEIRA 00-80 MAGNOLIA 98-49 POND MALlBU LAKE 99-49 MAPLEWOOD 93-84 MARCO SHORES 81-6; 84-42; 85- 56; 88-48; 89-34; 91-6; 92-90; 94- 41; 96-74; 98-13; 00-84 MARKER LAKE 97-37 VILLAS MAURIEL 99-1 Rpld.; (Now Bucks Run) 99-79 MEADOWBROOK 00-55 S MEADOW 91-5 BROOK ESTATES MEDITERRA 99-41 Rpld.; CDD 99-67; 00-36 Rpld.; 01-38; 01- 61 MICELI 84-71; 92-62 MIRALlA 96-12 MIRASOL 01-20 - ._~ MISSION 00-50 CHURCH MISSION HILLS 03-03 MISSION 02-64 SQUARE MIR MAR 98-72 MOCAKE 92-4 Rpld.; (Now Malibu Lake) 99- 49 MONTEREY/wO 90-28 ODBRIDGE MOON LAKE 88-55 MOORINGS 79-19; 79-99; 80- PARK/ESTATES 31; 82-90; 83-1; 02-12 MYRTLE COVE 81-23 ACRES/MYRTLE WOODS NAPLES Res. 73-22; 74-47; BA TH/TENNIS 75-48; 81-61 CLUB NAPLES FOREST 89-70 Rpld.; 98-14 CNTRY.CLUB Rpld.; fWas Casa Del Sol); 99-31; 03-33; (Name changed to Naples Lakes County Club PUD NAPLES 85-29; 97-49 GATEWAY Rpld.; 00-14 NAPLES GOLF 88-83; 98-39 (Now ESTATES Forest Glen of Naples) NAPLES 95-74 HERITAGE GOLF & CNTY. CLUB NAPLES 75-25 JAYCEES NAPLES LAKE 86-80; 88-55 (Now Moon Lake) NAPLES LAKE 03-33 fW as COUNTY CLUB Naples Forest County Club) NAPLES 92-36 NATIONAL GOLF CLUB/ARETE SHADOW WOOD 82-49 0Nas Wing South) SHAMROCK 88-10; 82-53 COUNTRY CLUB SHERRWOOD 80-38 PARK SHOPPES at 89-62; 98-22 SANTA '.. BARBARA SIERRA 94-64 Rpld.; 99-91 MEADOWS SILVER LAKES 90-40; 91-90 SLEEPY 88-25 (The HOLLOW Crossings) SOUTHERN 82-60 PROPERTIES (Springwood) SOUTHHAMPTO 88-53; 91-56; 92- N AT NAPLES 24 (Stonebridge) SOUTPOINTE 88-82 YACHT CLUB SOUTHWEST 89-74 PROFESSIONAL PARK SOUTHWOODS 92-78; 97-70 (Now Pelican Lake) ST. JOHN 90-73 Rpld.; 00-02 CATHOLIC CHURCH ST. PETERS 90-4 CATHOLIC CHURCH STERLING OAKS 92-79; 93-6; 98-27 (Cypress Head) STILES 86-58 Rpld.; 87- CORPORATION 42; 88-54; 89-7; 97-74 SUMMER GLEN 91-7 APARTMENTS SUMMER WIND 85-79; 88-24 0Nas Woodside Apts.) SUMMERWOOD 81-91; 89-83 (Timberlake); 99- 61 SUNGATE 92-93; 95-42 CENTER ,...-- SUNSHINE 93-92 VILLAGE SURREY PLACE 88-85 Rpld.; 98-60 CONV ALESCNET Rpld.; 98-67 CENTER SUTHERLAND 84-65; 96-61 CENTER (Naples Plaza) SWAMP BUGGY 84-26 DAYS TAMIAMI 98-90; 99-48 PROFESSIONAL CENTER TARPON COVE 95-76 TERRAFINA 01-70 300 ACRE 95-8 Rpld; 96-80 GOODLETTE ROAD TIMBER RIDGE 94-23 TIMBERWOOD 85-62; 88-21 0Nas Oxford Village) TOLL GATE 84-6; 90-54; 90- COMMERCIAL 92; 92-10; 93-1 CENTER TOLL PLAZA R.V. 84-32 (Naples PARK R.V. Resort) TREE 79-48; 80-18; 80- TOPS/BRUCE 91 MUMM TUSCANY 02-42 RESERVE COD TUSCANY 03-28 0Nas Ronto RESERVE PUD Livingston) TWEL VE LAKES 87-4 Rpld.; 98-50 (Islesworth); 03-20 TWIN EAGLES 97-29; 98-17; 03- GOLF/CNTRY. 20 CLUB TWO LAKES 00-63 PLAZA UNITED 93-57; 96-58 (Now METHODIST 1 st Assembly Ministries Education/Rehab. Campus) U.S. 41 97 -46 NAPLES PARK 78-57; 78-85 NAPLES R&D 86-18; (88-84; PARK AT LEL Y Reso. 98-15 Rpld.) NAPLES 99-42 RESERVE GOLF CLUB NEOPOLlTAN 90-6 PARK NICAEA 00-52 ACADEMY NORTH BROOK 91-67 Rpld.; 98-59 PLAZA (Ord. 98-34 adopted by BCC but never was sent to Sec. of State) NORTH NAPLES 90-77; 95-45 MEDICAL PARK NORTH NAPLES 03-26 RESEARCH/TEC HNOLOGY 0Nas Gadaleta PUD) NORTH PORT 00-5 BAY NORTHSIDE 00-40 MEDICAL PLAZA NORTH SHORE 95-64 LAKE VILLAS OAK GROVE 98-71 OLDE CYPRESS 99-270Nas Woodlands); 99- 92 Rpld.; 00-37; 00-53 ORANGE 85-5; 92-75 BLOSSOM GARDENS ORANGE TREE 87-13; 91-43 0Nas Golden Gate City) OSPREY'S 89-92; 91-18; 92- LANDING 81 0Nas Pelican Lake) OUTDOOR 00-49 RESORTS OF NAPLES ._._-~ - OXFORD 85-62; 88-21 (Now VILLAGE Timberwood) PARADISE 89-1; 95-53 POINTE RV. RESORT PARK CENTRAL 01-48 NORTH PARKLANDS 85-46; 93-43 PARK SHORE (2 74-29; 76-18; 76- & 5) .55; 78-29; 82-98; 85-44; 86-24; 87- 89; 88-49 PARKWAY 94-35; 95-10 CENTER PARKWAY 95-14 PLACE PARKWAY 95-63 PROMENADE PATTISON 80-62; 91-86 (Now Victoria Falls) PAVILION LAKE 87 -41 (Pavilion Club) PAVILION 82-24; 84-51 SHOPS PELICAN BAY 88-18; 80-61; 80- 109; 81-16; 81-50; 82-96; 83-4; 83- 48; 86-42; 87-1; 88-62; 89-35; 90- 66; 93-63; 97-78 PELICAN 89-92; 91-18; 92- LAKES/OSPREY' 81 (Southwoods) S LANDING PELICAN MARSH 95-4; 97-79; 98- 11; 99-33 Rpld.; 99-90 Rpld.; 02-71 PELICAN 97-24; 97-75 STRAND (Regency Village); 02-57 PINE AIR LAKES 85-67; 92-1; 94- 25; COD 01-44 PINEBROOK 80-56 LAKE/DOYLE HOPKINS PINE RIDGE 87-9 Rpld.; 98-31 CENTER Rpld.; 01-8 PINE RIDGE 88-87 Rpld.; 95-48 CENTER WEST Rpld.; 98-32 Rpld.; 01-9 PINE RIDGE 99-94 COMMONS PINE RIDGE 98-61 CORNERS PINE RIDGE 9.5-52 (Sanders MEDICAL Retail Center) CENTER PINE WOODS 76-40 PINE VIEW 00-45 PIPER BLVD. 95-47 (Rpld. by MEDICAL 98-82 and CENTER adopted new PUD) PLANTATION 84-72; 89-13 0Nas Eastridge) PLAZA 90-44; 92-5 21/NORTH PARK CENTER POINT MARCO 81-25; 81-98; 90- 42; 91-42; 92-28; 94-46 PRC & M a/k/a 99-96 PALM ROYALE CEMETERY PRICE 90-57 PRINCESS PARK 84-34; 90-53 (King Richard's) PROGANY 97 -28 COMMERCE CENTER QUAIL CREEK 79-80; 80-29 COUNTRY CLUB QUAIL II 81-90; 82-68; 83- 52; 89-71; 92-41 (Quail Creek Village) QUAIL WEST 90-56; 93-44; 96- 32 RADIO SQUARE 91-95; 97-4 RAGGE 01-7 RANDALL BLVD. 86-25 CENTER ---..- - '.~"- --- REGENCY 86-19 AUTOHAUS REGENCY 85-61 (Pelican VILLAGE Strand) REGENT PARK 85-45 RELATED 96-24 GROUP RETREA T/BENTL 79-82; 82-97; 84- EY VILLAGE 25; 86-27; 90-91 ; 97-71 RICHLAND 90-39; 96-3; 97-27 Rpld.; 02-07; 03- 13 RIGAS 99-57 Rpld.; 00-39 RIVER REACH 85-71 RIVERBEND 81-28 RIVIERA 78-58 COLONY GOLF EST. ROBERTS 92-7 ESTATES RONTO 00-4 Rpld.; 00-01 LIVINGSTON Res. 00-26; 03-28 (Name changed to Tuscanv Reserve) ROYALWOOD 87-71; 93-4; 96-72 GOLF/CNTRY. CLUB SABAL BAY 86-77; See 99-68 SABAL LAKE 82-41; 86-23; 94- 32; 97-78 SADDLEBROOK 91-55 Rpld.; 98-16 VILLAGE SALVATION 90-107 Rpld.; 01- ARMY 65 SANDERS PINES 88-5 SANDERS 91-30 (Now Pine RETAIL CENTER Ridge Medical Center) SANDPIPER 01-15 Rpld.; 02-02 VILLAGE SAND RIDGE 89-28; 89-64 SAN MARINO 00-1 0 SAXON MANOR 94-21 ISLES V.F.W. POST 75-29 8089 VANDERBILT 96-73 Rpld.; 98-52 PINES (Now Vanderbilt Country Club) VANDERBILT 99-70 TRUST 1989 VANDERBILT 87-57; 88-27 VILLAS VENETIAN 99-30 PLAZA VETERANS 96-33; 97-80; 01- PARK 22 VETERAN'S 96-33; 01-23 PARK MEDICAL (Name change, was Veteran's Park Common) VICTORIA FALLS 80-62; 91-86 Rpld.; 99-83 VICTORIA 92-58 LANDINGS CONDO. VILLAGE PLACE 82-82; 92-51; 97- 20 Rpld; 00-1 VINCENTIAN 85-27 Rpld.; 91- 88; Res. 98-24; 99-37 VINEYARDS 85-15; 86-63; 87- 44; 90-78; 91-75; 95-62 WALGREEN 98-84 Rpld.; 99-5 WALNUT LAKES 01-70 Rpld.; 03-06 WARREN 76-54 BROTHERS WATERGLADES 82-51 (Villages at Emerald Bay) WATERFORD 91-31 ESTATES WEST CROWN 87-30; 88-32; 90- POINTE 59 (Loch Lou ise) WESTPORT 94-56 COMMERCE CENTER WESTVIEW 83-45 PLAZA <.~"' --.- - ..~..- WHIPPOORWILL 00-16 LAKES WHIPPOORWILL 00-17 PINES WHIPPOORWILL 98-64 WOODS WHISTLER'S 97-1 COVE WHITE LAKES 93-1 Rpld.; (Now INDUSTRIAL White Lake PARK Corporate Park) 01-59 WIGGINS BAY 82-121 WIGGANS PASS 97-46 ROAD WIGGINS LAKE 87-94 WILDERNESS Reso. 73-24; 76- COUNTRY CLUB 17; 77-7; 77-22; 96-43 99-74 WILDWOOD 81-27 ESTATES WILLOUGHBY 81-67 (Mirage) GARDENS WILLOW PARK 98-51 WILSHIRE 90-70; 93-34 LAKES Rpld.; 95-5 WILSON BLVD. 00-72 CENTER WILSON 92-23; 98-21 PROFESSIONAL (Bailey Executive CENTER Park) WINDING 99-93 Rpld.; 02-35 CYPRESS and DO-02-2/Res. 02-203; 02-48 WINDSONG 88-6; 93-74; 98-73 WINDSTARlFISH 80-95; 81-40; 82- ERMAN'S COVE 54; 93-23 WINTERPARK 83-32; 85-76; 86- 87; 86-88 WINTERPARK 85-77 NORTH WITTENBURG 96-44 (Victoria Landings) WITTENBURG 99-20 Rpld.; 00-7 ESTATES WOODBRIDGE 85-25 (Now Monterey) WOODFIELD 84-11; 88-86; 92- LAKES 76 Rpld.; 98-33 (Now Falling Waters Beach Resort) WOODLANDS 86-75; 96-64; 99- 27 (Olde Cypress) WOODSIDE 85-79,88-24 APARTMENTS (Summerwind) WOODSIDE 88-31 LANES WORLD TENNIS 82-1,82-75; 87-93 CENTER WYNDEMERE 75-34; 79-81; 81- 29; 82-120; 84-66; 87-86; 98-66 WYNDHAM PARK 99-9 Rpld.; Now Indigo Lakes 99- 71 YOUTH HAVEN 81-43; 89-12 ZURICH LAKE 97-34 Rpld.; Now VILLAS Malibu Lake 99-49 -- _____m.. <--..-.. APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS 1. Security: Property Owner is responsible for ensuring that adequate security is provided for each Beach Event. 2. Traffic Safety: Authorization from the Collier County Sheriffs office may be required for certain Beach Events. Property Owner is responsible for consulting the Collier County Sheriffs Office to determine whether separate authorization for a particular event is required. 3. Use of Electrical Apparatus: Need to speak with Building Department. 4. Signage: Use of signs shall be subject to the provisions of the Collier County Land Development Code. 5. Noise: All music shall be subject to the terms and conditions of Property Owner's Music Permit, which permit may be obtained from Collier County on an annual basis. 6. Restrooms: Existing restroom facilities must be adequate, or additional portable faculties made available and not located on the beach. 7. Vehicles On Beach: Use of vehicles shall be subject to provision of the Collier County Land Development Code section 10.02.06 I. 8. Public Access: Beach Events shall be conducted in a manner that does not interfere with the public's ability to traverse that portion of the beach owned by the State of Florida. 9. No structures may be set, placed, or stored on, or within ten feet of, any beach dune. 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through October 31 st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06. ,_0" B. Consistent with section 10.02.06 I, no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. C. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius arou'nd each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit. D. Use of vehicles on the beach is prohibited, except as may be permitted under section 10.02.06 I. E. Consistent with section 10.02.06 I all materials placed on the beach for the purpose of conducting permitted Beach Events must be: 1) removed from the beach by no later than 9:30 p.m. the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the annual beach events permit. F. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. G. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in standard condition 10.E., as part of its daily sea turtle monitoring. H. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. I. A copy of all notices required by any permit or these regulations must also be provided by the permit holder .to Collier County Natural Resources Department. Note: When a State permit is more restrictive than the LDC requirements, the State requirements shall supersede, and the County shall enforce these requirements. "-.,.... -_....~-,,~ ... -~.-._- _..,m APPENDIX H - LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the August 30,2004, effective date, and the LDC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LDC prior to the August 30,2004, effective date. The LDC has been revised into a Chapter format as of the August 30th, 2004 date. The contents of this Appendix are as follows: Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 -Impact Fees Article 5 - Decision-Making and Administrative Bodies Article 6 - Definitions ARTICLE 1 - GENERAL PROVISIONS LDC LDC LDC Sub- UDC UDC Section Other Notes Division Section section Chapter 1.1 Chapter 1 1.01.00 - Title 1.2. Chapter 1 1.02.00 - Authority 1.3. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.4. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.5. Chapter 1 1.04.01 - Generally 1.5.1. Chapter 1 1.04.05 - Relationship to GMP 1.5.2. Chapter 1 1.04.03 - Exceptions 1.5.3. Chapter 1 1.04.02 - Applicability to... 1.5.4. Chapter 1 1.04.02 - Applicability to... 1.5.5. Relocated to Code of Laws & Ord.. 1.5.6. Chapter 1 1.04.01 - Generally 1.5.7. Relocated to Code of Laws & 0 rd.. 1.6. Revised in Supp. 17 COrd. 03-55) 1.6.1. Chapter 1 1.06.01 - Responsibility for... 991 .6.2. - 10.02.02 - 1.6.6. Submittal Requirements for All Applications 2 1.6.7. Chapter 1 1.06.02 - Rules for Interpretations. . . 1.6.8. Chapter 1 1.06.03 - Interpretations Not.. . 1.6.9. Chapter 1 1.06.02 - Rules , . for Interpretations.. . 1.6.10. Chapter 1 1.06.40 - Continuity of Zoning 1.7. Chapter 9 9.02.00 - This Division Development is no longer with Vested legally Rights- effective and [Reserved] therefore is not being carried forward, but the section is reserved for future amendment 1.8. Chapter 9 9.03.00 - ~ 1.8.2. was Nonconformities revised in Supp. 16 (Ord. 03-27) and Supp. 17 (Ord. 03-55) 1.9. Chapter 8 8.08.00 - Code Enforcement Board 1.10. Fees This Division relocated to the County Ad min istrative Code 1.11.-1.17. These "Reserved" divisions were not required for inclusion in the UDC 3 .- - 1.18. Chapter 1 1.07.00 - Laws Revised in Adopted by Supp. 16 Reference (Ord. 03-27) 1.19. Chapter 10 10.02.08 - 11 1.20. & These 1.21. Divisions are replaced by Section Five in the 2004 adopting Ordinance. 1.22. This Division is replaced by Section Four in the 2004 adopting Ordinance. 1.23 This Division is replaced by Section Seven in the 2004 adopting Ordinance. 4 ARTICLE 2- ZONING LDC LDC LDC Sub- UDC Chapter UDC Section Other Notes Division Section section 2.1. - 2.1.1. This section General is not needed and is not included in the UDC. 2.1.2. Chapter 2 2.01.01 - Purpose 2.1.3. This section is not needed and is not included in the UDC. ss. 2.1.4. - Chapter 2 2.02.01 - 2.1.7. Establishment of Official Zoning Atlas ss. 2.1.8. Chapter 2 2.02.01 - & 2.1.9. Official Zoning Atlas ss. 2.1.10. Chapter 1 1.04.01 - - 2.1.12. Generally 2.1.13. Chapter 1 1.04.04 C Reduction 2.1.14. Chapter 2 2.02.02 - District.. . 2.1.15. Chapter 2 2.02.03 - Prohibited Uses 2.1.16. Chapter 2 2.02.02 - District. . . 2.1.17. Chapter 1 1.04.02 - Applicability.. . 2.1.18. Chapter 1 1.04.02. 0.... Div.2.2. 2.2.1. Chapter 2 2.03.05. & 2.04.03 - Table of Uses 2.2.2. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 16 Districts (Ord. 03-27) & Supp. 18 (Ord. 04-08) 5 --~..--,._~-- -",-; 2.2.2 ~ Chapter 2 2.03.08 - New zoning Eastern Landsl district Rural Fringe Zoning Districts ss. 2.2.3. - Chapter 2 2.03.01 - Revised in 2.2.10. Residential Supp. 16 Zoning Districts (Ord. 03-27) and in Supp. 18 (Ord. 04- '.. 08) 2.2.11. Chapter 2 2.03.02. F- TTRVC District 2.2.11.4.13. Chapter 4 4.06.06 - Special Buffer Requirements.. . ss. 2.2.12. Chapter 2 2.03.02 - Revised in - 2.2.15 ~ Commercial Supp. 18 Zoning Districts (Ord. 04-08) ss. 2.2.16 Chapter 2 2.03.03 - Sec. 2.2.16. & 2.2.16 ~ Industrial revised in Zoning Districts Supp. 17 (Ord. 03-55) and in Supp. 18 (Ord. 04- 08) 2.2.17. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 18 Districts (Ord.04-08) ss. 2.2.18. Chapter 2 2.03.04 - Civic Revised in & 2.2.19. and Institutional Supp. 18 Zoning (Ord.04-08) Sub-section Chapter 4 2.2.18.4.6. 4.05.05 - Parking Variation in the P District 2.2.20. Chapter 2 2.03.06 - PUD Revised in Districts Supp 18 (Ord. 04-08) ss. 2.2.21. Chapter 2 2.03.07 - 9 2.2.27. - 2.2.29. Overlay Zoning created by Districts Supp. 16 2.2.27: in (Ord.03-27), Chapter 4 revised in 4.08.00 Supp. 18 (Ord. 04-08) 6 ss. 2.2.30. NRPA-2.03.08 Revised in (NRPA) & C; Supp. 18 2.2.31. NBMO - (Ord.04-08) (NBMO) 2.03.08 0 ss. 2.2.32. Chapter 2 2.03.07 - ~~ 2.2.32.& - 2.2.35. Overlay.. . 2.2.33. revised in Supp. 16 (Ord. 03-27) ~~ 2.2.33. & 2.2.34. revised in Supp. 17 (Ord.03-55) 2.2.37. This section has expired and is no longer needed or included in the UDC. 2.2.38. New district Revised in ~ 2.03.07 Supp. 18 (Ord. 04-08) 2.3. 2.3.1. This section is not needed and is therefore not included in the UDC. ss. 2.3.2. Chapter 4 4.05.01 - & 2.3.3. Generally ss. 2.3.4. - Chapter 4 4.05.04 - Sec. 2.3.5. 2.3.12. Parking Space revised in Requirements Supp. 18 (Ord. 04-08) 2.3.13. Chapter 1 1.04.04 C ss.2.3.14. These were & 2.3.15. reserved sections and are not included in the UDC. 7 -_. ^ .<.~- ,,-...'-.- ,,~- 2.3.16. Chapter 4 4.05.09 - Revised in Stacking Lane Supp. 16 Requirements (Ord. 03-27) 2.3.16.1. Chapter 4 4.05.08 Bicycle Parking.. . ss.2.3.17. Chapter 4 4.05.06 - S 2.3.19. - 2.3.21. Loading Space revised in '.. Requirements Supp. 16 (Ord. 03-27). S 2.3.21. revised in Supp. 18 (Ord. 04-08) 2.3.22. Chapter 4 4.05.07 - Handicapped Parking.. . ss. 2.3.23. These were & 2.3.24. reserved sections and are not included in the UDC. 2.4. 2.4.1. This section is not needed and is therefore not included in the UDC. 2.4.2. Chapter 4 4.06.01 - Generally 2.4.3. Note: ss. Chapter 10 Administrative S 2.4.3.6. 2.4.3.4. - procedures revised in 2.4.3.7. in Chapter. Supp. 16 Chapter 4 (Ord. 03-27) (4.06.05) S 2.4.3. revised in Supp. 17 (Ord. 03-55) 2.4.4. Chapter 4 4.06.05 - S. 2.4.4. General revised in Landscape Supp. 17 Requirements (Ord. 03-55) Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generally 8 2.4.5. Chapter 4 4.06.03 - 9 2.4.5. Landscaping revised in Requirements Supp. 17 for Vehicular... (Ord. 03-55) 2.4.6. Ch~pter 4 4.06.05 - 9 2.4.6.5. General revised in Landscape Supp. 16 Requirements (Ord.03-27) 99 2.4.6.6. & 2.4.6.7. revised in Supp. 17 (Ord. 03-55) 2.4.7. Chapter 4 4.06.01 - 992.4.7.2., Generally and 2.4.7.3. & 4.06.02 - Buffer 2.4.7.5. Requirements revised in Supp '17 (Ord. 03-55). 992.4.7.2. and 2.4.7.5. revised in Supp. 18 (Ord.04-08) 2.5. 2.5.1. This section is not needed and is not included in the UDC. ss. 2.5.2. - Chapter 5 5.06.01 - 9 2.5.5. 2.5.4. Generally revised in Supp. 17 (Ord. 03-55) and in Supp. 18 (Ord. 04- 08) 2.5.5 Chapter 5 5.06.04 Permitted ss. 2.5.6. 92.5.7. Chapter 5 5.06.03 - 99 2.5.6.22. & & 2.5.7. revised in Prohibit~d 2.5.7.30. Supp. 17 Signs revised in (Ord. 03- Supp. 16 55) (Ord. 03-27) 9 ~._- .- --. 2.5.8. Chapter 5 5.06.04 ss. 2.5.9. Chapter 9 9.03.00 - & 2.5.10. Nonconformities 2.5.11. Chapter 9 9.04.00 - Variances s 2.5.12. & Chapter 10 10.02.06 - 2.5.13. Submittal Requirements for Permits 2.6. 2.6.1. Chapter 4 4.04.01 - Generally 2.6.2. Chapter 4 4.02.03 - Specific Standards.. . ss. 2.6.3. - Chapter 4 4.02.01 - 9 2.6.4. 2.6.4. Dimensional revised in Standards for Supp. 16 Principal Uses (Ord. 03-27); in Base Zoning 9 2.6.3. Districts revised in Supp. 18 (Ord. 04-08) 2.6.2.4. Chapter 5 5.03.01 - Canopv Tents 2.6.4.3. Chapter 9 9.04.00 - Variances 2.6.4.4. Chapter 4 4.02.01 - Dimensional St. ss 2.6.5. & Chapter 4 4.04.01 - 2.6.6. Generallv 2.6.7. 2.6.7.1. Chapter 2 2.01.00 A 2.6.7.2. Chapter 2 2.01.00 B 2.6.7.3. Chapter 2 2.01.00 C 2.6.7.4. Chapter 2 2.03.07 L 2.6.8. Chapter 1 1.04.01 - Generallv 2.6.9. Chapter 2 2.01.03 - Essential Services & 2.04.03 - Table of Uses 2.6.10. Chapter 5 5.05.01 - Businesses.. . 2.6.11. Chapter 5 5.03.02 - Fences & Walls 10 2.6.12. Chapter 2 2.01.00 E 2.6.13. Chapter 2 2.01.02 2.6.14. Chapter 2 2.04.00 - Permissible, Accessory, Chapter 4 4.02.01 - (CONT'D.) Dimensional Standards & Chapter 5 5.03.03 - Guesthouses 2.6.15. Chapter 5 5.03.04 - Revised in Dumpsters Supp. 16 (Ord. 03-27) 2.6.16. Chapter 5 5.03.05 - Caretaker ... 2.6.17. Chapter 2 2.01.00 F 2.6.18. Chapter 2 2.01.00 G 2.6.19. Chapter 10 10.02.06 A 2.6.20. Chapter 5 5.02.00 - Home Occupations 2.6.21. Chapter 5 5.03.06 - Dock Revised in Facilities Supp.18 (Ord. 04-08 ) 2.6.21.2.7. Chapter 3 3.05.00 - Vegetation. . . 2.6.22. Chapter 5 5.05.02 - Marinas 2.6.23. Chapter 2 2.03.01 J 2.6.24. Chapter 5 5.04.02 - Interim.. . 2.6.25. Chapters 2 2.04.00 and 5 5.05.03 2.6.26. Chapter 5 5.05.04 - Group Housing 2.6.27. Chapter 4 4.02.02 - Dimensional Standards 2.6.28. Chapter 5 5.05.05 - Automobile. . . Chapter 9 9.04.07 - 11 '~'''--"''-''''-'''''-'.,-".~.- ' -.-- -..- 2.6.28.4. Specific Reqts. 2.6.29. Chapter 5 5.05.06 - Private Airports 2.6.30. Chapter 2 2.03.06 & 2.04.00 2.6.31. Relocated to Code of Laws & Ord. 2.6.32. Chapter 4 4.02.01 - Dimensional Standards 2.6.33. Throughout Temporary Use Chapter 5 - Process in see below 10.02.06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33.3. Caretaker... & Supplement 5.04.03 - 16 (Ord. 03- Temporary 27) Uses... Sub-section Chapter 5 5.04.04 - Model 2.6.33.4. Homes.. . Sub- Chapter 5 5.04.05 - sections Temporary 2.6.33.6. - Events 2.6.33.9. Sub-section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement Specific 18 (Ordinance Situations 04-08) 2.6.34. Chapter 5 5.04.06 - (see Annual Beach alsoAppx. Events Permit G 2.6.35. Chapter 5 5.05.09 - Revised in Communication Supp. 18 Towers COrd. 04-08) 2.6.36. Chapter 5 5.05.07 - Townhouse... 2.6.37. Chapter 4 4.01.02 - Revised in Kitchens in Supp. 18 Dwelling Units (Ord. 04-08) 2.6.39. Chapter 2 2.03.07 - Added in TORs Overlay Zoning Supp. 18 Districts (Ord. 04-08). 12 2.6.40. Chapter 2 2.05.02 - Added in Density Density Supp. 18 Blending BlendinQ (Ord. 04-08) 2.7. Portions revised in Supp.16 (Ord. 03-27) 2.7.1. '.. This section is not needed and is not included in the UDC. 2.7.2. Chapter 10 10.02.08 - Revised in Submittal Supp.17 (Ord. Requirements.. . 03-55) 2.7.3. Chapter 10 10.02.12 - PUD Revised in Procedures Supp. 17 (Ord. 03-55) and ~, 2.7.3.5. revised in Supp.' 18 (Ord. 04-08) 2.7.4. Chapter 10 10.08.00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04-08 ) 2.7.5. Chapter 9 9.04.00 - Variances 2.7.6. Chapter 10 10.02.06 - Submittal.. . 2.7.7. Chapter 2 2.06.00 - AHDa Revised in Supp.17 (Ord. 03-55 ) 2.8. Chapter 5 All in Portions of ~ 5.05.08 - Div. 2.8. were Arch itectu ral carried over Standards, into Div. 2.4. EXCEPT by Supp. 17 2.8.3.3.2. 4.06.02 C (Ord. 03-55) 13 '-- ~._,.- --..,... ""-"'-"."~"' ARTICLE 3- DEVELOPMENT REQUIREMENTS LDC Division LDC LDC Sub- UDC Chapter UDC Section Other Notes Section section 3.1. General 3.1.1. None This section Overview was not . required or included in the UDC 3.1.2. Fees None This section was not required or included in the UDC 3.2. 3.2.1. Title None This section Subdivisions and Citation was not required or included in the UDC 3.2.2. Chapter 4 4.03.01 Pu rpose 3.2.3. Chapter 1 1.04.01 Revised in Applicability Supp. 18 (Ord. 04-08) 3.2.4. Chapter 1 & 1.04.03 - Exemptions Exceptions Chapter 10 10.02.02 B 3.2.4.10. 10.02.02 B 10. 3.2.4.10. was 1.to 4., not required or Rural Area included in the Subdivisio UDC n 3.2.4.11. 10.02.02 B 11. 3.2.4.11. was 1.to 4., not required or Chokolosk included in the ee Island UDC Subdivisio n 3.2.5. 3.2.5.1. Chapter 1 1.04.01 General Requirement s 3.2.5.2. Chapter 1 1.04.01 3.2.5.3. Chapter 4 4.03.02 3.2.5.4. Chapter 10 10.02.06 A.2. 14 3.2.6. Sub- Chapter 10 10.02.05 C Revised in division Supp. 18 (Orc review procs 04-08 ) 3.2.7. Chapter 10 10.02.04 - Revised/made Preliminary Submittal optional in subdivision Requirements Supp. 18 (Ord plat for Plats 04-08 ) 3.2.8. Chapter 4 4.03.02, Revised in Improvement 4.04.01, Supp. 16 (Ord Plans 4.06.00 03-27) & Chapter 6 6.03.00 & Supp. 18 6.04.00 (Ord.04-08) 3.2.8.1. - Chapter 10 10.02.05- 3.2.8.2. 3.2.8.3.1. Chapter 10 10.02.05 - & 3.2.8.3.2. 3.2.8.3.4. Chapter 4 4.06.01 3.2.8.3.5. Chapter 10 10.02.05 3.2.8.3.6. Chapter 4 4.06.04 3.2.8.3.7. - Chapter 10 10.02.05 3.2.8.3.10. 3.2.8.3.11. Chapter 10 10.02.05 & 3.2.8.3.12. 3.2.8.3.13. Chapter 4 4.06.01 3.2.8.3.14. Chapter 2 2.01.04 3.2.8.3.15. Chapter 10 10.02.05 & 3.2.8.3.16. 3.2.8.3.17. Chapter 6 6.06.02 3.2.8.3.18. Chapter 10 & 10.02.05 E.3(n) and Chapter 4 4.06.01 C 3.2.8.3.19. Chapter 10 10.02.05 E.3 and 21 3.2.8.3.20 Chapter 6 6.06.03 & and 22. 6.06.05 3.2.8.3.23. Chapter 6 6.01.00 - 3.2.8.3.24. Chapter 6 6.01.01 A 3.2.8.3.25. Chapter 6 6.04.01 3.2.8.3.26. Chapter 6 6.05.01 15 3.2.8.4. 3.2.8.4.1. - Chapter 6 6.05.02 Relocated into 13., Construction except Stds. Manual, 3.2.8.4.11. except as noted. 3.2.8.4.14. Chapter 6 6.06.02 D. NOTE:3.2.8.4. 14. revised in Supp. 16 (03- 27). 3.2.8.4.15. Chapter 6 6.01.03 3.2.8.4.16.; Construction Streets Standards Manual Revised in Supp. 17 (03- 55). 3.2.8.4.17. Chapters 6 6.06.03 - Streetlights & and 10 10.02.12 A 3.2.8.4.18. Chapter 10 10.02.05 E.3.(r) 3.2.8.4.19. Chapter 6 6.01.01 3.2.8.4.20. None Construction - Standards 3.2.8.4.22.; Manual except 3.2.8.4.22, Chapter 10 10.02.05 E.4 paragraph 11 3.2.8.4.23. Chapter 6 6.04.01 3.2.8.4.24. Chapter 6 6.04.02 3.2.8.4.25. Chapter 4 4.06.05 E.3 3.2.8.4.26. Chapter 4 4.06.05 E.4 i i 3.2.9. Final Chapter 10 10.02.04 Revised in subdivision Supp. 18 (Ord. plat 04-08 ) 3.3. Chapter 10 Revised in Site Supps. 16 Development 10.02.03 - (Ords. 03-27), Plans Submittal Supp. 17 (03- Requirements 55), and 18 for SOP's (04-08 ) 16 3.3.1. This section not required 01 included in the UDC 3.4. Relocated to Explosives Code of Laws, Ord.; Ch 55, AI I., ss. 55-1 - 5e 18 3.5. 3.5.1. -15.; Relocated to Excavation Code of Laws ( Ord.; ss. 22-10 except - 22-119 3.5.11.; Chapter 3 3.05.10 NOTE: Revisec Littoral Shelf in Supp. 16 Planting (Ord.03-27) Area and Supp. 18 (Ord. 04-08) 3.6. Relocated to Well Code of Laws ~ Construction Ord.; ss. 90-1 - 90-8. 3.7. 3.7.1. This section Soil Erosion was not Control required or included in the UDC 3.7.2. This section was not required or included in the UDC 3.7.3. Chapter 10 10.02.02 3.8. Environ- Revised in mental Impact Supp. 18 (Ord. Statements 04-08) 3.8.1. This section was not required or included in the UDC 3.8.2. - Chapter 10 10.02.02 3.8.11. 17 ^~~._","._."._,,"~.._,----- ,..~~ 3.9. Revised in Vegetation Supp. 18 (Ord. Removal 04-08) 3.9.1. This section was not required or included in the UDC 3.9.2. ' Chapter 3 3.05.02 Exemptions 3.9.3. Chapter 3 3.05.02 Exemptions 3.9.4. -3.9.7 Chapter 3 3.05.07 Div. 3.9 Sectior Preservation numbering was Standards greatly revised in Cycle 3, 200: 3.9.5. (prior Chapter 3 3.05.04 - Revised in to Cycle 3, Vegetation Supp. 16 (Ord. 2003, then removal . . . 03-27) re-numbered thru 3.05.07 to 3.9.8. 3.9.5.5. 3.05.07 (3.9.4. after Cycle 3, 2003) 3.9.8. 3.9.8.1. Chapter 3 03.05.04 3.9.8.2. Chapter 3 03.05.05 3.9.8.3. Chapter 3 03.05.06 3.9.8.4. This section was not required or included in the UDC 3.9.9. Chapter 3 3.05.08 - Requirement for Removal. . . 3.9.10. Chapter 10 10.02.06 C - (3.9.6. prior Submittal to Cycle 3, Requirements 2003) for Permits 3.9.10.2. Chapter 10 10.02.060 18 3.9.11.; ss. 3.9.12. Chapter 10 10.02.06 E - numbered & 13, were Submittal ss. 3.9.6.8. created in Requirements and 3.9.6.9. Cycle 3 & for Permits prior to 3rd are in Cycle, 2003. Ch.10 3.10. 3.10.1. '.. This section Sea Turtle was not Protection required or included in the UDC 3.10.2. - Chapter 3 3.04.02 - 3.10.5. Species.. . 3.10.6. Chapter 3 3.04.02 B.6 3.10.7. Chapter 3 3.04.02 3.10.8. This section (reserved) was not required or included in the UDC 3.10.9. Chapter 10 10.02.06. C 3.10.10. This section was not required or included in the UDC 3.11. Chapter 3 3.04.00 - Revised in Endangered, Protection of Supp. 18 (Ord. Threatened Endangered, 04-08) or... Threatened.. . 3.11.3.2. & Deleted in Cycl 3.11.3.3. 3,2003 3.11.3.4. Chapter 3 3.04.02 - Species Specific. .. 3.12. 3.12.1. & These sections Coastal Zone 3.12.4. were not Management required or included in the UDC 3.12.2. Chapter 3 3.03.01 - Pu rpose 3.12.3. Chapter 3 3.03.02 - Applicabilitv 19 ,.o~,.,_'" ,-"....^ --'.------." 3.12.5. Chapter 3 3.03.02 - Applicability 3.12.5.1. Chapter 10 Cross- Revised in referenced in Supp. 18 (Ord. 3.03.04 04-08 ) 3.12.5.2. Chapter 10 Revised in Supp. 18 (Ord. 04-08 ) 3.12.5.3. Chapter 3 3.03.05 - Sea Level Rise 3.12.5.4. Chapter 3 3.03.06 - Native Vegetation. .. 3.12.6. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.8. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.7. & These sections 3.12.9. were not required or included in the UDC 3.13. 3.13.1 This section Coastal was not Construction required or Setback included in the UDC. 3.13.2. - Chapter 9 9.04.06 - Variances and 3.13.7. Specific Administrative Requirements procedures for Variance chapter 3.13.8 & Chapter 10 10.02.06 A - 3.13.8. revised 3.13.9 Submittal in Supp. 18 Requirements (Ord. 04-13) for Permits 3.14. Vehicle Chapter 10 10.02.06 I. Revised in on the Beach Supp. 16 (Ord. Regulations 03-27) 20 3.15. Revised in Adequate Supp. 18 (Ord Public 04-08 ) Facilities 3.15.1. This section was not required or included in the UDC 3.15.2. Chapter 6 6.02.01 3.15.3. Chapter 6 6.02.01 0 3.15.4.; This section reserved was not included in the UDC 3.15.5 & Chapter 6 6.02.01 - 3.15.6. Generally & I 6.02.02 - Management. 3.15.7. Chapter 10 10.02.07 3.16 3.16.1 3.16.1.1. - These sub- Groundwater 3.16.1.3. sections were Protection not required or included in the UDC 3.16.1.4. & Chapter 3 3.06.01 - 3.16.1.5. Purpose and Intent 3.16.2. 3.16.2.1. & Chapter 3 3.06.01 - 3.16.2.1.1. Purpose and Intent 3.16.2.1.2. Chapter 3 Throughout Ch.3 3.16.2.1.3. Chapter 3 3.06.04 - Groundwater Protection 3.16.2.2. & Chapter 3 3.06.05 - 3.16.2.3. Annual Review of Zones 3.16.2.4. Chapter 3 3.06.06 - 3.06.08 21 -~_...-. -_... 3.16.2.5. Chapter 3 3.06.09 - Protection of Future Wellfields 3.16.2.6. Chapter 3 3.06.10 - Effects of. . . 3.16.3. Chapter 3 3.06.11 - Exempted '.. Development 3.16.4. Chapter 3 3.06.12 - Regulated Development 3.16.5. Chapter 3 3.06.13 - Countywide Groundwater 3.16.6. Chapter 10 10.04.01 (B)- Determination of Completeness 3.16.7. Chapter 10 10.02.06 (F)- Submittal Requirements for Permits 3.16.8. Chapter 10 10.04.08 - Modifications to Pending Applications 3.16.9. Chapter 10 10.02.02 (E) - Submittal Requirements for All... 3.16.10. Chapter 10 10.04.11 - Public Hearings 3.16.11. Chapter 3 3.06.09 - Protection of F utu re Wellfields 3.16.12. 3.16.12.1 Chapter 1 1.08.00 3.16.12.2 Chapter 1 1.03.02 3.16.13. - Chapter 10 10.01.04 - Administrative 3.16.17. Deter. of procedures Completeness chapter 22 3.17. Relocated to Post-Disaster Code of Laws Recovery & Ord.; ss. 38-1 Re- . 38-12. construction Management 23 ~'-""'--""'--"""- ARTICLE 4 -IMPACT FEES LDC Division LDC Section LDC Sub- UDC UDC Other Notes section Chapter Section 4.1.-4.7. These provisions are located in Chapter 74 of the Code of Laws & Ordinances, and therefore, are not required to be, and are not, located in the UDC. ARTICLE 5 - DECISION-MAKING AND ADMINISTRATIVE BODIES LDC Division LDC LDC UDC UDC Other Notes Section Sub- Chapter Section section 5.1. Board of County Chapter 8 8.02.00 - Commissioners BOCC 5.2. Planning Chapter 8 8.03.00 - Commission CCPC 5.3. Board of Zoning Chapter 8 8.04.00 - Appeals BZA 5.4. Building Board of Chapter 8 8.05.00 - Revised in Adjustment and BOAA Supp. 16 (Ord. Appeals 03-27) 5.5. & 5.6.; 5.8. ; & These Divisions 5.10. - 5.12. were not Reserved required or included in the UDC 5.7. County Manager 5.7.1. This Section was not required or included in the UDC 5.7.2. 5.7.2.1. This Section was not required or included in the UDC, except for 5.7.2.1., relocated to , , Sec. 2-78 (a) (4), of the Code of Laws & Ords. 5.9. CD&ES Division Chapter 8 8.09.00 - CD&ES 5.13. Environmental Chapter 8 8.06.00 - Advisory Council EAC 5.14. Historical! Chapter 8 8.07.00 - Archaeological HAPB Preservation Board ARTICLE 6 - DEFINITIONS LDC Division LDC LDC Sub- UDC UDC Other Notes Section section Chapter Section 6.1. Rules of Chapter 1 1.03.00 Construction Rules of Construction 6.2. Chapter 1 1.08.00. A. Revised in Abbreviations Supp. 18 (Ord. 04-08) 6.3. Definitions Chapter 1 1.08.00. B. Revised in all three Supps. (16, 17, and 18). 25 -,-,'.'. "", , ~ . \. . '::., ; STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth JUdicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-41 Which was adopted by the Board of County Commissioners on the 22nd day of June 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 2004. c-. ~'~~:~~~lrl1 '. ':~~: '~~"..' .~ ~~.:...~ 'l'g-~ . ',," - ..,u~~lt'~~"d-'~ .~ '.~,,;;:.. ,..,. .c '....1"1-...: 'j;' . ~~: . \, " .J:ot..... '/.' '.... SO: DWIGHT E. BRot~";-:)':;..~~~,~.~.t-;~.~{~: ".'_. "' 1ll>..J. . '\: . _yo. Clerk of CO,!lr~lt:~B.~~le~k'". ~\ Ex-officio :j:,oi~a~' of ..JI"~~~'~ County Comrit~~:j.9P~~~;'~~F"_"'~ .: ') ~ ~.. ~ '. -' ~ "It,d. "- . ~~.":;-'~'" , '~.J.l;zh' ~ ";:_,~.,:~,.,....,,,.. ....:~.,.. ( ." 'J.. . . " t. .D:)a. ". ~ ...~,. q "':\,l" . .....: '//:-.. ~i,Jo'..\\,' " "U:UUI~.\,t By: Ann J neJo Deputy Clerk -., '--_.- --...- . ..... ---