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Backup Documents 09/24/2013 Item # 9A1LDC AMENDMENTS COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: 9- 24 -13�� Originating Dept/ Div: Operations and Regulatory Management Person: Caroline Cilek, Senior Planner Date: Wednesday, August 28, 2013 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before BCC BZA Other: Requested Hearing date: September 24, 2013 Notice to run: Wednesday, September 4, 2013 Notice to run not later than: Friday, September 6, 2013 Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other X Legally Required Proposed Text: (Include Title of the Ordinance /Resolution (or just write in see attached document), legal description, common location & size): Please see the two attached legal ads. Please publish the following public notices in your edition of Wednesday. September 4. 2013. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131 - 138909- 634999; Purchase Order Number: 4500140284; Account Number: 068779 P.O. # 4500140284 Reviewed by: g -Zg -t3 Divisio Administrator or Designee Date List Attachments: Two Legal Ads. The proposed Ordinances will be furnished closer to the hearing date. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE�n_ 13 g: L_�7`H Date Received: Date of Public hearing: Date Advertised: 9A1 Ann P. Jennejohn From: CilekCaroline <CarolineCilek @colliergov.net> Sent: Wednesday, August 28, 2013 4:07 PM To: Minutes and Records Cc: Ashton, Heidi; Rodriguez, Wanda; Neet, Virginia; Wells, Laura Subject: Legal Ad request for BCC on 092413 w/ run date 090413 Attachments: Advertising Request for BCC 092413 LDC Amendments and Code of Laws.pdf; LDC Amendments- BCC Legal Ad for Sept 24 (082813) - Final.docx; Code of Laws- BCC Legal Ad for Sept 24 (082813).docx Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Caroline Caroline Cilek, M.S., CFM Senior Planner Collier County Growth Management Division Phone: 239 - 252 -2485 carolinecilek @colliersov.net l i:de, i orlda Law e-nnwl adoress:s are p €,tziic records. If you do not Wank you e -nmil address released in response to a priLlic records request do not nerd irrnt , mali io h s c,�iity : stead_ contact this off;cf� by telephone or n 'venting. 9AI Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, August 29, 2013 8:21 AM To: CilekCaroline; Minutes and Records Cc: Ashton, Heidi; Neet, Virginia; Wells, Laura Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413 Caroline, The change below needs to be made to the first paragraph of the ad for the Code of Laws ordinance. Otherwise everything looks good. Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3`d Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amen, -m°n +e to the GellieF Geunty Land development Gooddo the enactment of a County ordinance.... '11unda'Rodriguez, ACP - 5AdvaracedCert: fief Paru.CegaC Office of-the County.Attorney (2.; 252-8400 From: CilekCaroline Sent: Wednesday, August 28, 2013 4:07 PM To: Minutes and Records Cc: AshtonHeidi; RodriguezWanda; NeetVirginia; WellsLaura Subject: Legal Ad request for BCC on 092413 w/ run date 090413 Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Caroline Caroline Cilek, M.S., CFM Senior Planner Collier County Growth Management Division Phone: 239 - 252 -2485 carolinecilek @colliergov.net Under Florida Lai., e rrrail addresses are public records, If you do not want year e- rrlail address released in sesponse to a public records request, oo not send electronic rnail to this entity. Instead, contact this office by telephone or in writing, 9A1 August 28, 2013 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice in your edition on Wed nesday,``Segtember 4 2013. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek. NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3`d Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.06.01 RESPONSIBILITY FOR INTERPRETATIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION STANDARDS, ADDING SECTION 3.08.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04 LOT LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 9 A 1 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS, SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION, DELETING SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. AND r� AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT — DECISION - MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10.00 HEARING EXAMINER; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Georgia A. Hiller, ESQ., Chairwoman 9A1 Acct #068779 August 29, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: LDC Amendments Dear Legals: Please advertise the above referenced notice on Wednesday, September 4, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500140284 9A1 NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.06.01 RESPONSIBILITY FOR INTERPRETATIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION STANDARDS, ADDING SECTION 3.08.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04 LOT LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL 9 A 1 DISTRICTS, SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS, SECTION 6.05.01 STORMNATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION, DELETING SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 9A1 ,Ee AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT - DECISION - MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10.00 HEARING EXAMINER; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection in the Office of the Clerk to the Board, one week prior to the scheduled hearing. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 9A1 Ann P. Jennejohn To: legals @naplesnews.com Subject: LDC Ad 9 -24 -13 BCC Attachments: LDC Ad 9 -24 -13 BCC.doc; LDC Ad 9 -24 -13 BCC.doc Hi again, Please advertise the attached on Wednesday, September 4, 2013. Thanks again, Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 9A1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, August 29, 2013 3:02 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UASC2A1 jpg Ann, Please provide approval ASAP for publication on 09.04.13. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 08/29/13 Publication NDN Account Number 744102 Ad Number 1999757 Total Ad Cost $538.02 9A1 PROPOSED LDC CHANGES NOTICE: OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE: Nonce is here hy gwenLhat on Tuesday, Seppta A, er 24, 2043, n the Board of County Comn:�ssronarz Meeting Room, Ord Fioge, Huildi ngg 101, in Cofher County Government Center. 3299 Tamlami Trail East. Naples, Flaricla. 34112. the Dallier County Board- of Cgarsty C.ommizsigners All ronsrder amendments to tlte:Collier County Land Development Code. The meeting wiltcpmmence. at S;BD. A.M. The Hiles of the. proposed ordinances areas {oQoays: AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING. ORDINANCE. NUMBER 04 -41, AS AMENDED.THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREMEN51VE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:: SECTION ONE, ADOPTION Of AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING. CHAPTER EIGHT - DECISION�MAKING AND ADM WISTRATIVE BODIES, BY ADDING SECTION H.t0.60 HEARING CkAMINCR;:CWAP'CER TEN - APPLiCJtTION, REVIEW, AND' DECISION --MAKING PROCEDURES, .INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTION TWO, CONFLICT AND'SEVERABILITY; SECTION THREE. INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR. EFFECTIVE DATE. All interested parties are invited to appear and be heard.. Copies of the proposed ordinance are available for public inspacd(?n in the Zoning and Land Development Review Section, Growth Management Division, 2000 N. Horseshoe Drive; Naples, Florida, between the hours of 8:00 A,M..and S:QOP.M.. Monday through Friday. Furthermore, materials will be made available for inspection in the Office of the Clerk to the :Hoard, one week prior to the scheduled hearing. NOTE: All persons wishing to speak on any agenda Item must register with the Count administrator prior to presentation of the agenda. item to be addressed. rndividvua! speakers:wilI be limited to 3 minutes on any Item. The selection of an individual to speak on behalf of an organizaflori or group is encouraged, if retognlzed by the Chairman, a spokesperson for a group or . organization may be allotted 10 minutes to weak on an item. Persons wishing to have written or graphic material included In the Board agenda packets must submit said material a minimum of 3 weeks prior to the respect,ve gublic hearing. In any, case. written material intended to be considered by the Board shall be submit fed to the apritupriate, County staff a minimum of seven days ppr�ior to the public hearing. All Material used in presentations before the Board will Z0.me a- permanent part: of the record: If a person decides to appeal any decision made by the Collier County Board of County: Commissioners with respect to any matter considered at such meeting or hearing; he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the prgceedirl s is made, which record includes the testimony and evidence upon which the appea�is Lobe based. If you are a person with a disability who needs any accommodation in order to partici pate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, locates) at 3335 Tamiami Trail East, Suite #101, Building VV, Naples, Florida 34112, (.2351 252 -0380. Assisted listening devices for the hearing impaired are available in the County Commissioneri' Office,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA GEORGIA A. HILLER; ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann lennejohn, Deputy Clerk (SEAL) :September 4,. 2013 .. No, ;555757 9A1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, August 29, 2013 3:57 PM To: Ann P. Jennejohn Cc: Neet, Virginia; CilekCaroline; Ashton, Heidi Subject: RE: Ad Confirmation - LDC amendments Thanks Ann 0 l-Vandtz 'Rodriguez, ACT, .;advancedCertyf e6f Parat�,,gal O_f fic:e of th.e County - Attorney (239) 252-8400 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, August 29, 2013 3:56 PM To: RodriguezWanda Subject: RE: Ad Confirmation - LDC amendments I'll have NDN make the changes. One way or the other, I really don't care. If you'd like that information taken out of all future ads, please notify Trish. Hopefully they'll have the revised proofs to us in the next hour. Ann From: Rodriguez, Wanda Sent: Thursday, August 29, 2013 3:37 PM To: Ann P. ]ennejohn Cc: CilekCaroline; Neet, Virginia; Ashton, Heidi Subject: re: Ad Confirmation - LDC amendments Ann, The titles look fine. In the first paragraph following the titles, the word 'ordinance' should be plural. And as in the other ad, the 3`d and 4t" paragraphs following the titles are added text that were not included in the ad request. Actually when Heidi reviewed the ad request she specifically said those paragraphs could be excluded because they are not statutorily required. I understand from your other email that they have been part of the BCC ad template for a long time, but am wondering why... Per Heidi's previous instruction to me, I think these paragraphs should be removed from both ads. l47and.'4 Todriguez, -AUP Adva7icedCe.rt fyedPtzr-aieflaC Office of the County -Attorney (239) 252 -8400 9A1 Ann P. Jennejohn From: Ann P.lennejohn Sent: Thursday, August 29, 2013 4:09 PM To: 'Polidora, Carol' Subject: RE: Ad Confirmation Attachments: LDC Ad (old).doc; Revised LDC Ad 9 -24 -13 BCC.doc Two changes (on pages 3 & 4) Carol, I've noted the changes in the first attachment here; so you can see what the County Attorney's Office would like changed. In the second "revised" attachment, those changes have been made. Let me know if you need more info..... Ann - - - -- Original Message---- - From: Polidora, Carol [ mai Ito: cpolidora @naplesnews.com] Sent: Thursday, August 29, 2013 3:02 PM To: Ann P. Jennejohn Subject: Ad Confirmation Ann, Please provide approval ASAP for publication on 09.04.13. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 08/29/13 Publication NDN Account Number 744102 Ad Number 1999757 Total Ad Cost $538.02 1 9 A 1 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT - DECISION - MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10.00 HEARING EXAMINER; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. Please ad an "s" so Ordinances is plural Ante parties are invited to appear and be heard. Copies d ordinances' are available for public inspection in Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection in the Office of the Clerk to the Board, one week prior to the scheduled hearing. Please remove these two paragraphs 9A1 If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 9A1 NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.06.01 RESPONSIBILITY FOR INTERPRETATIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION STANDARDS, ADDING SECTION 3.08.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04 LOT LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL 9A1 DISTRICTS, SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS, SECTION 6.05.01 STORMNATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION, DELETING SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 9A1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT - DECISION - MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10.00 HEARING EXAMINER; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection in the Office of the Clerk to the Board, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn From: Sent: To: Subject: Attachments: Ann, Revised attached for approval! Carol Polidora, Carol <cpolidora @naplesnews.com> Thursday, August 29, 2013 4:25 PM Ann P. Jennejohn REVISED - Ad Confirmation UAS763jpg 9A1 Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 08/29/13 Publication NON Account Number 744102 Ad Number 1999757 Total Ad Cost $481.26 1 9A1 'MrSH), LVC vorICE NOTICE OF INTENTTOCONSIDER LAND DEVEI.OPMENT CODE CHANGE Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Buildin "F, "Cal lier County Government Center, 3299 Tam am- Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners.will consider amendments to the Collier County. Land Development Code. The meeting will. commence at 9:00 A.M. The titles of the proposed ordinances are as fol. ows AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,. AMENDING ORDINANCE NUMBER 04-41, AS AMENDED. THE COLLIER COUNTY .LAND DEVELOPMENT. CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED. AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS. TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT - DECISION-MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10,00 HEARING EXAMINER;. CHAPTER TEN APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.03 5U5MITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTION TWO CONFLICT AND- SEVERABILITY; SECTION THREE; INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested pares are Invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Zoning and Land Development Review Section, Growth Management I lvlsion, 2800. N. Horseshoe Drive, Naples, Florida, between the hours of 8;00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection in the Office of the Clerk to the Board, one week prior to the scheduled hearing If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing; he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim retard of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is to be based. If you . are a person with a disability who needs any accommodation in order to participate In this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.. Please contact the Collier County Facilities Management Department, located at 3335 Tamfami Trait Fast, Suite #101. Building W, `vaples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired era available in the County Cnmmissianers` Office. BOARD OF.COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, . ESQ;- CHAIRWOMAN DWIGHT E. BROCK, CLERK Hy- Ann lennejehn,;Deputy Clerk (SEAL) September 4, 2013 No_ 1999757 9A1 Ann P. Jennejohn From: CilekCaroline <CarolineCilek @colliergov.net> Sent: Thursday, August 29, 2013 4:37 PM To: Rodriguez, Wanda; Ann P. Jennejohn Cc: Neet, Virginia; Ashton, Heidi Subject: RE: REVISED - Ad Confirmation - LDC ads Thanks! Caroline Cilek, M.S., CFM Senior Planner Collier County Growth Management Division Phone: 239 - 252 -2485 carolinecilek @colliergov.net From: RodriguezWanda Sent: Thursday, August 29, 2013 4:31 PM To: Ann P. Jennejohn Cc: CilekCaroline; NeetVirginia; AshtonHeidi Subject: re: REVISED - Ad Confirmation - LDC ads Good to go, thank you! CJ Wmufa :Rodriguez, .MCP - 4.cfva7i,ced Certi j led Parale flat Office of the County Attorney (239) 252 -8400 - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, August 29, 2013 4:28 PM To: RodriguezWanda; CilekCaroline Subject: FW: REVISED - Ad Confirmation Attached is the revised LDC notice with the "s" added to Ordinance and those two paragraphs removed. Please review. Ann - - - -- Original Message---- - From: Polidora, Carol [ mailto :cpolidora @naplesnews.com] Sent: Thursday, August 29, 2013 4:25 PM To: Ann P. Jennejohn 1 Ann P. Jennejohn 9A1 From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Thursday, August 29, 2013 4:37 PM To: Ann P. Jennejohn Subject: RE: REVISED - Ad Confirmation My pleasure! Released for publication... - - - -- Original Message---- - From: Ann P. Jennejohn ( mailto: Ann.Jennejohn@collierclerk.com] Sent: Thursday, August 29, 2013 4:34 PM To: Polidora, Carol Subject: RE: REVISED - Ad Confirmation Looks beautiful Carol, please publish. Thanks for making those changes! Ann - - - -- Original Message---- - From: Polidora, Carol ( mailto :cpolidora @naplesnews.com] Sent: Thursday, August 29, 2013 4:25 PM To: Ann P. Jennejohn Subject: REVISED - Ad Confirmation Ann, Revised attached for approval! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 08/29/13 Publication NDN Account Number 744102 Ad Number 1999757 Total Ad Cost $481.26 Please visit us on the web at www.collierclerk.com 1 9A1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Dail T.T -, -,c --------------------------------------- ■�VJII'I�'Jiillaallil��.- NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE BCC /ZONING DEPARTMENT Notice is hereby. given that on Tuesday, September 24, 2013, in thgg Board of FINANCE DEPARTMENT County ent Center, " Meeting Room, 3rd Floor, Building "F," Collier County Guuersoaent Center, ;3299. Tamiarnii;Tieil East Naples, Florida,- 341,12,. the Collier. 3299 TAM IAM I TRL E County ,�oardd of County CommW' loners will consider amendments to the Collier # 7 0 0 roles of the proposed orrdinan d are as follows: meeting will commence at 9:00 A.M. The NAPLES FL 34112 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY PROVIDING FOR: SECTION ONE; RECITALS; SECTION REFERENCE: 068779 4511040284 59727570 NOTICE OF INTENT State of Florida County of Collier Before the undersigned authority, per appeared Robin Calabrese, who on oath s she serves as the Advertising Director Naples Daily News, a daily newspaper pu Naples, in Collier County, Florida: th attached copy of advertising was publis newspaper on dates listed. Affiant further says that the said Na News is a newspaper published at Naples Collier County, Florida, and that the s newspaper has heretofore been continuou published in said Collier County, Flori day and has been entered as second clas matter at the post office in Naples, in Collier County, Florida, for a period o next preceding the first publication of attached copy of advertisement; and aff further says that he has neither paid nj promised any person, firm or corporatio: discount, rebate, commission or refund purpose of securing this advertisement publication in the said newspaper. PUBLISHED ON: 09/04 AD SPACE: 172 LINE FILED ON: 09/04/13 Signature of Affiant Sworn to and Subscribed bAfore me Personally known by me THE ZONING DISTRI IG DISTRICTS, 1 OTER THREE - INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDrv151ON FLASS, 5el11UN 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION STANDARDS, ADDING SECTION 3.06.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04 LOT LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE - "SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING SECTION 5.64.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS, SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE. LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02116 REQUIRED NOTICES FOR VESTED' RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION,' DELETING SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE REQUIREMENTS, TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.02 "SUBMITTAL REQUIREMENTS -FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10,02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS' FOR TEXT AMENDMENTS TO THE IDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10,02.15. MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORB GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILMY, SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. AND AN ORDINANCE OF THE BOARD. OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.. BY PROVIDING FOR: SECTION 'ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT - DECISION - MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10.00 HEARING EXAM NER; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING �SECITON 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS; SECTON TWO. CONFLICT AND SEVERABILIIY• SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be .heard. Copies of the proposed ordinances are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Mondaythrough Friday. Furthermore, materials will be made available for inspection in the Office of the Clerk to the Board, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings,; and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East Suite #101, Building W, Naples, Florida 34142, (239) 252 -8380. Assisted listening, devices for the hearing impaired are available in the County Commissioners' Office. r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK . ..By: Ann Jennejohn, Deputy Clerk (SEAL) ...a 11 1 1 Nn 1000757 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S ' IP i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA U Print on pink paper. Attach to original document. The completed rotting slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines # I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature draw a line through routing lines # I throw #2, complete the checklist, and forward to the Count Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Caroline Cilek Growth Management Division ICZ-G 9/24/13 2. September 24, 2013 Agenda Item Number 9.A 3. County Attorney Office County Attorney Office G ,312,11f N/A 4. BCC Office Board of County Commissioners �� z 5. Minutes and Records Clerk of Court's Office Documents Attached 0 PRIMARY CONTACT INFORMATION ' Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missive information. Name of Primary Staff Caroline Cilek Phone Number 252-24f 5 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was September 24, 2013 Agenda Item Number 9.A Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document Ordinance 2013 -56 (LDC amendment), Number of Original 2 Attached and Ordinance 2013 -57 (Admin Code) Documents Attached PO number or account number if document is signed by the Chairman, with the exception of most letters, must be reviewed and signed —5 ` to be recorded J �,f N/A INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be `Gar signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 'i;1_4_G document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/24/13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the r f BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 �9A ORDINANCE NO. 2013 — 56 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.06.01 RESPONSIBILITY FOR INTERPRETATIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION STANDARDS, ADDING SECTION 3.08.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04 LOT LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS, SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION, DELETING SECTION 9.04.07 SPECIFIC Page 1 of 234 Words straw are deleted, words underlined are added REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE REQUIREMENTS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2013; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and Page 2 of 234 Words stfurak dwoug are deleted, words underlined are added 9A WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on September 24, 2013, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act "), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are Page 3 of 234 Words struck through are deleted, words underlined are added [ 9A not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities , capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91 -102 was recodified and superseded by Ordinance 04 -41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, Page 4 of 234 Words stmelc t1weagh are deleted, words underlined are added develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.06.01 RESPONSIBILITY FOR INTERPRETATIONS Section 1.06.01 Responsibility for Interpretations, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.06.01 Responsibility for Interpretations' A. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. pFoyided in GhapteF 10. D. Request for Official Interpretation. The County Manager or designee may render an official interpretation of any part of the LDC. The building official may render an official interpretation of any part of the Florida Building Code. 1. Generally. An official interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. ' Text added in 1.06.01 D derives from the former 10.02.02 F. Page 5 of 234 Words stFusk-thfsugh are deleted, words underlined are added 2. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an official interpretation. 3. Request Criteria. Each request must identify the specific LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub - issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 4. Notice. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10.03.06 P. 5. Effective time limits of an interpretation. a. An interpretation rendered by the Countv Manaaer or desianee shall remain in effect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modified, or 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 identified in LDC section 1.06.01 D.1, above. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and /or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. b. An interpretation rendered by the building official shall remain in effect as provided for in the Florida Building Code. 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. a. Within 30 days after receipt by the applicant or affected prooertv owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of the official interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the official interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be Page 6 of 234 Words struck through are deleted, words underlined are added shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. C. The Board of Zoning Appeals or the Building Board of Adiustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject their 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 designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official interpretation is contrary to the Growth Management Plan, the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable. d. Time limitations on appeals. Anv appeal that has not been acted upon b the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC. SUBSECTION 3.13. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL DISTRICTS Section 2.03.01 Agricultural Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Districts A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural /Rural land use designation on the future land use map of the Collier County Page 7 of 234 Words str.,^'sn are deleted, words underlined are added l 9 A 11 GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural /rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural /rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). b. Accessory uses. * * * * * * * * * * * * * 5. Excavation and related processing and production subject to the following criteria: i. The activity is clearly incidental to the agricultural development of the property. ii. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District (SFWMD). iii. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in Ghapter10 LDC section 10.08.00 and the Administrative Code. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS Section 2.03.06 Planned Unit Development Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 8 of 234 Words stmok thfeugh are deleted, words underlined are added 9A 2.03.06 Planned Unit Development Districts C. PUD districts shall hereafter be established by amendment of the official zoning atlas according to the procedures established in GhapteF 10 LDC section 10.02.08 and the Administrative Code. The purpose and intent of establishing and identifying the following classifications is to identify a relationship between a proposed PUD and the other zoning districts within this LDC. The goal is to relate the purpose and intent of the PUD zoning district and the uses permitted within a PUD to defined zoning districts within this LDC and to establish appropriate uses and performance standards within this PUD, which are similar to those allowed by the most similar district(s). PUDs shall hereafter be defined by the following districts and shall be referenced as such within the PUD document as follows: * * * * * * * * * * * * * SUBSECTION 3.1). AMENDMENTS TO SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS Section 3.02.10 Standards for Subdivision Plats, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.10 Standards for Subdivision Plats * * * * * * * * * * * * * E. All final plats presented for approval shall clearly indicate the finished elevation of the roads; and the average finished elevation of the lots or homesite_, and the FniniFnwn All grades must be shown in both NAVD and NGVD. The information may be shown referenced to one datum with a note on the cover sheet listing a site - specific equation for determining the grades in the other datum. SUBSECTION 3.E. AMENDMENTS TO 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 9 of 234 Words stmek thfo ugk are deleted, words underlined are added 9A 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation F. The followinq exceptions shall apply when there are no bald eagle nests: 1. A vegetation removal permit for clearing 1 acre or less of lands shall not be required for the removal of protected vegetation, other than a specimen tree, on lots subdivided for only single - family use on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non- sending lands, non -NRPA, noncommercial zoning districts pursuant to LDC section 3.05.02 F.1.a -c. in WhiGh single family lots have been subdivided feF single family use only, wheFe the fbIlOWing Genditions h been : This exemption shall not apply to lots on undeveloped coastal barrier islands or to the Rural Fringe Mixed Use District when a higher native vegetation protection requirement may not allow for 1 full acre of clearing. 4-a. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 3b. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre.- ; and 3c. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetlands impacts or for listed species protection. Use - DiStFiGt, a higheF ^ vegetation etest+en - FegtiFemee+ may allow f9F the full one aGre Of GleaF*Rg-. G. A vegetation removal permit is not required for the following situations: 1. Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final local development order. 2. Removal of protected vegetation from the property of a Florida licensed tree farm /nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed professional Land surveyor and mapper in the performance of his /her surveying duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width. 4. Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A. 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub -soil layers or disturb the root systems of plants below the ground. 6. After a right -of -way for an electrical transmission line or public utility distribution line has been established and constructed, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established and constructed right -of -way. Trimming and Page 10 of 234 Words stmek thfoug n are deleted, words underlined are added 9A pruning shall be in accordance with subsection 4.06.05 d K.1 of the LDC Code. All needed environmental permits must be obtained from the appropriate agencies and management plans must comply with agency regulations and guidelines. These may include but are not limited to permits for wetland impacts and management plans for listed species protection. 7. After a publicly owned road right -of -way has been legally secured, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established road right -of -way. Trimming and pruning shall be in accordance with subsection 4.06.05 d K.1 of the LDC Code. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. SUBSECTION 3.F. AMENDMENTS TO 3.05.03 PROCEDURES Section 3.05.03 Procedures, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.03 Procedures for a Veaetation Removal Permit 2 A. The Administrative Code shall establish the process and application submittal requirements to obtain a vegetation removal permit. B. Issuance of permit. An approved vegetation removal permit is valid for a period not to exceed 180 days. 1. Approval. The Countv Manaaer or desianee may approve. approve with conditions, or deny the vegetation removal permit. Any conditions applied to the permit shall relate to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. 2. Extension of permit. An extension requested prior to expiration of the original Permit may be granted for good cause shown upon written application to the County Manager or designee. 3. Permit fees. All vegetation removal permit applications shall be charged a review fee as established by resolution of the Board of County Commissioners. 2 Added text in 3.05.03 B derives from the former 10.02.06 C.3 Page 11 of 234 Words stmek thfetrgh are deleted, words underlined are added 4 1 i SUBSECTION 3.G. AMENDMENTS TO 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 Preservation Standards F. Wetland preservation and conservation. 3. RFMU district. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM. This shall be accomplished by adherence to the vegetation retention requirements of LDC section 3.05.07 C above and the following standards: SUBSECTION 3.1-11. ADDING NEW SECTION 3.08.00 ENVIRONMENTAL DATA REQUIREMENTS Section 3.08.00 Environmental Data Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 3.08.00 Environmental Data Requirements 3 A. Environmental Data Requirements. 1. Puraose. The Duroose of this section is to identifv the environmental data that is required to review a proposed project to ensure it meets the land development standards contained within the LDC. 2. Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. 3. Procedure. Submittal requirements for all land use applications are identified in this section. The Administrative Code shall establish the process and additional submittal requirements for Environmental Data Requirements for PUD Zoning and Conditional Uses. 4. Environmental Data. The following information shall be submitted, where 3 Text relocated from 10.02.02 A and updated Page 12 of 234 Words stmek Offeagh are deleted, words underlined are added applicable, to evaluate projects. a. Wetlands. i. Identify on a current aerial, the location and acreage of all Collier County /SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the site development plan (SDP) or construction plan and final subdivision plat (PPL). Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection ,(DEP) prior to SDP or PPL approval. For sites in the RFMU district, provide an assessment in accordance with LDC section 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to the first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. SDP or PPL with impacts to 5 or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre - development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. iii. Where treated stormwater is allowed to be directed into preserves, show how the criteria in LDC section 3.05.07 H have been met. iv. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For a SDP or PPL, include this information on the site plans. b. Listed Species and Bald Eagle Nests and Nest Protection Zones. i. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission ( FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species Page 13 of 234 Words stmeak tlfeugh are deleted, words underlined are added occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered. H. Provide a survey for listed plants identified in LDC section 3.04.03. iii. Wildlife habitat management and monitoring plans in accordance with LDC section 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or PPL. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or PPL. C. Native vegetation preservation. i. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to LDC section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in LDC Chapter 3 and LDC section 10.02.06. H. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System ( FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve selection criteria pursuant to LDC section 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. iii. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC -ST districts. Include this information on the SDP or PPL. Page 14 of 234 Words s«..,,,.' thFough are deleted, words underlined are added iv. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in LDC section 3.05.07 have been met and provide a note on the SDP or PPL indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or PPL, a location map(s) and property identification number(s) of the off - site parcel(s) if off -site donation of land is to occur. d. General environmental requirements. i. Provide the results of any Environmental Assessments and /or Audits of the property, along with a narrative of the measures needed to remediate if required by DEP. ii. Soil and /or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (DEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the DEP where contamination exceeding applicable DEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. iii. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six -inch rise in sea level. iv. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. Page 15 of 234 Words stmeav dwough are deleted, words underlined are added V. Where applicable, provide evidence of the issuance of all applicable federal and /or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C., as those rules existed on January 13, 2005. e. Other LDC requirements. i. Identifv anv Wellfield Risk Manaaement Special Treatment Overlay Zones (WRM -ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM -STs and will comply with the WRM -ST pursuant to LDC section 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or PPL. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the proiect boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. Demonstrate that the desian of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of LDC section 3.07.00. iii. For sites located in the Big Cypress Area of Critical State Concern - Special Treatment overlay district (ACSC -ST), show how the project is consistent with the development standards and regulations in LDC section 4.02.14. iv. For multi -slip dock facilities with ten slips or more, and for all marina facilities, show how the project is consistent with LDC section 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in LDC section 5.05.02. V. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. f. Additional data. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with the LDC and GMP requirements. 5. Exemptions. a. The Environmental Data Submittal Requirements exemption shall not apply to any parcel with a ST or ACSC -ST overlay, unless otherwise exempted by LDC section 4.02.14 I. b. Single- family detached and two - family housing structure(s) on a lot(s) of record except as otherwise provided at LDC section 4.02.04 (cluster development), and townhouses developed on fee simple lots under individual ownership provided that a fee simple townhouse plat is Page 16 of 234 Words stmek thfoug are deleted, words underlined are added approved in accordance with the provisions of LDC section 10.02.04.B. These exemptions shall not apply to the following: i. Wetland delineations and permitting. ii. Retention of native veaetation in accordance with LDC section 3.05.07 C. iii. Listed species protection in accordance with LDC section 3.04.01. C. Agricultural uses. Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject Property will not be converted to a nonagricultural use or considered for any type of rezoning - for a period of 25 years after the aricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. d. All NBMO Receiving Lands in accordance with 2.03.08 A.2. e. A conventional rezone with no site plan or proposed development plan. This exemption does not apply to lands that include any of the following zoning, overlays or critical habitats: Conservation (CON), Special Treatment (ST), Area of Critical State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land occupied by listed species or defined by an appropriate State or Federal agency to be critical foraging habitat for listed species. f. In those areas of Collier County where oil extraction and related processina is an allowable use, such use is subject to applicable state and federal oil and gas permits and Collier County non - environmental site development plan review procedures. Directional - drilling and /or Previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C -25 through 62C- 30. F.A.C., as those rules existed on January 13, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and /or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state Permits comply with the requirements of Chapter 62C -25 through 62C -30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. Page 17 of 234 Words stmek thfough are deleted, words underlined are added SUBSECTION 3.1. AMENDMENTS TO 4.03.01 GENERALLY Section 4.03.01 Generally, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.01 Generally A. The purpose of this section is to establish procedures and standards for the development and subdivision of real estate within the unincorporated areas of Collier County, Florida. Furthermore, the purpose of this section is to carry out the goals, policies and objectives of the Collier County GMP. These procedures and standards are provided in an effort to, among other things: A1. Ensure proper legal description, identification, documentation and recording of real estate boundaries; B. 2. Aid in the coordination of land development in Collier County in accordance with orderly physical patterns to encourage state of the art and innovative design; G. 3. Discourage haphazard, premature, uneconomic or scattered land development, D. 4. 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. 7. Prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; H. 8. Provide open spaces for recreation; ensure land development with installation of adequate and necessary public facilities and physical improvements; i. 9. Ensure that the citizens and taxpayers of Collier County will not have to bear the costs resulting from haphazard subdivision of land; i. 10. Provide the county with the authority to require installation by the developer of adequate and necessary physical improvements so that the taxpayers and citizens of Collier County will not have to bear the costs for the same; K. Ensure to the purchasers of subdivided land that necessary improvements of lasting quality have been installed; comply with Chapter 177, F.S. as amended. B. The design of the required improvements for all subdivisions and developments pursuant to LDC section 10.02.03 shall be in accordance with generally accepted Page 18 of 234 Words stmea through are deleted, words underlined are added professional engineering principles and practices. The standards established in this section are intended only as minimum guidelines for the design engineer and are not intended to deprive the engineer of their responsibility for the technical adequacy of their design or freedom to use their engineering judgment and discretion in the practice of their profession. C. Design data, such as calculations or analyses, shall be submitted along with the subdivision and development improvement plans covering important features affecting design or construction prior to the issuance of any required county development orders, permits or approvals. Such calculations and analyses shall include, but not be limited to: low and high water elevations, utility hydraulic and drainage calculations, subsurface soil data, alternate pavement and sub -arade types and centerline elevations when the minimum standards of Florida Department of Transportation or the American Association of State Highway and Transportation Officials are inadequate, inappropriate or not applicable.4 SUBSECTION 3.J. AMENDMENTS TO 4.03.03 EXEMPTIONS Section 4.03.03 Exemptions, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.03 Subdivision Exemptions Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or designee. After a determination of completeness, the County Manager or designee shall approve, approve with conditions, or deny the request for exemption based on the terms of the applicable exemptions. Procedures for application, review, and decision regarding exemptions from these subdivision requirements are set forth in the Administrative Code Ghaptep1 -0. To the extent approved, the following may be exempted from these subdivision requirements. A. Active agricultural uses. Agriculturally related development as identified in the permitted and accessory uses allowed in the rural agricultural district A and located within any area designated as agricultural on the future land use map of the Collier County GMP and the Collier County official zoning atlas, except single - family dwellings and farm labor housing subject to LDC sections 5.05.03 and 2.03.00 shall be exempt from the requirements and procedures for preliminary subdivision plats and construction plans; provided, however, nothing contained herein shall exempt such active agricultural uses from the requirements and procedures for final subdivision plats, and where required subdivision improvements are contemplated, the posting of subdivision performance security. 4 Text added in 4.03.01 B & C relocated from Code of Laws §2 -12, Exhibit A. Page 19 of 234 Words stmeLh are deleted, words underlined are added • 1 B €. Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the requirements and procedures for preliminary subdivision plats and improvement plans; provided, however, nothing contained herein shall exempt such division of land into cemetery lots or parcels from the requirements and procedures for final subdivision plats and, where required subdivision improvements are contemplated, the posting of subdivision performance security; and provided, further, that such division of land into cemetery lots or parcels shall be subject to and comply with the requirements and procedures for site development plans as set forth in the Administrative Code and +der Chapter 10, and shall obtain site development plan approval for the entire property proposed for such division of land into cemetery lots or parcels. C. Eminent domain or operation of law. The division of land which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court, shall be exempt from this section; if and only if the County Manager or designee and the County Attorney are given timely written notice of any such pending action and given the opportunity to signify that the county be joined as a party in interest in such proceeding for the purpose of raising the issue of whether or not such action would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the subdivision regulations, prior to the entry of any court order; and, if and only if an appropriate pleading is not filed on behalf of the County within 20 days after receipt of such notice. However, if a pleading is filed on behalf of the county within 20 days after receipt of such notice, such division of land created by the court shall not be exempt from this section. D6. 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. E#. Prior subdivision. All division of land occurring prior to the effective date of this LDC and conforming to the purposes of this section, shall be exempt from this section; provided, however, that any property so divided which is resubdivided or further divided on or after January 10, 1989, shall not be exempt from this section. For agricultural /residential subdivisions within the rural area of Collier County as defined herein, refer to LDC section 4.03.04; Also see "lot of record" in Chapter 1. R. The division of property, occurring prior to July 15, 1998, meeting the definition of rural subdivision shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in LDC section 4.03.00. Nor shall the division of property occurring after July 15, 1998, in the rural area require the property owner to record a final plat nor comply with the subdivision regulations provided in LDC section 4.03.00, if the property so divided has been the subject of a rezoning hearing by the BCC within the 24 month period preceding July 15, 1998. The subdivision of properties occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary subdivision plat (PSP). However, the applicability of all required subdivision improvements and standards as set forth in section LDC 4.03.00, required improvements, of this LDC shall be determined by the County Manager or designee on a case by case basis. The applicant, through the preliminary subdivision plat (PSP) process may request waivers from certain "required improvements ". The subdivider and purchaser of property meeting definition (a) of rural subdivision shall comply with Page 20 of 234 Words struck thfough are deleted, words underlined are added � 9 A section 4.03.03 of this LDC. The division of property not meeting the definition of rural subdivision is required to comply with all requirements of section 4.03.00. G. Rural area subdivision reauirements.5 1. Deeds and other convevances. All deeds and other convevances for properties shall include in ten -point type the following statement: "NO GOVERNMENTAL AGENCY INCLUDING COLLIER COUNTY SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS -OF -WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." 2. Building permits for rural subdivisions. Building permits will not be issued until the final subdivision plat is recorded. 3. Access agreement. The owner of property applying for a building permit shall execute a release and waiver agreement which shall be executed and recorded at the applicant's expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application: a. Identification of the propertv by leaal description and tax parcel folio number; b. Description of the means of access to the subject Property and the Physical condition of that access; C. A statement recognizing that the access rights are personal rights between the grantor and grantee and the county's approval of the use of the accessway in no way implies that the use is permitted; d. A statement confirming that the maintenance and upkeep of such means of access shall be the perpetual responsibility of the individual(s) or other entity holding rights to such means of access; e. A statement confirming that any development order issued by Collier County proposing utilization of such means of access shall contain a specific disclaimer from Collier County relating to the county's obligation for the present or future maintenance or upkeep of such means of access: f. A statement of release holding Collier County harmless in perpetuity for maintenance of such means of access; g. Description of the extent and specifications for improvements to the means of access being proposed by the applicant; h. Description of the utilities, including, for example, water, sewer, telephone, electricity, which shall service the Property as required by 5 Text added in 4.03.03 G was relocated from the former 10.02.02 B.10. Page 21 of 234 Words stmok thfeugk are deleted, words underlined are added Collier County Ordinance No. 89 -06 [Code ch. 22, art. VIII, known as the Collier County Standard Housing Code, or its successor in function; i. A statement of the applicant's intent to arrange for, have installed and Pay for provision of such utilities as are required by law; i. A statement of release holding Collier County harmless in perpetuity for maintenance of such utilities; k. An acknowledgment that the Department of Economic Opportunity (DEO) may review and appeal any development order issued by Collier County within the 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 DEO review requirements in the form approved by the DEO: and I. A statement that permits from all state and federal agencies have been obtained or applied for, including copies of said applications. The responsibility to determine if such permits are necessary is solely the responsibility of the applicant. Hd. Chokoloskee Island. The division of property of Chokoloskee Island shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in LDC section 4.03.00. The subdivider and purchaser of the property shall comply with the regulations provided in LDC section 4.03.03. The division of property not on Chokoloskee Island is required to comply with all requirements to section 4.03.00. All parcels of land existing on Chokoloskee Island as of October 30, 1991, and identified in the property appraiser's official records, which do not conform to the minimum lot area and lot width requirements of the overlying zoning district shall be considered conforming lots. Any subdivision of land on Chokoloskee Island occurring after October 30, 1991, shall comply with the minimum lot area and width requirements for the overlying zoning district in effect at the time the land is subdivided. In any case, except as described above, the minimum applicable development standards set forth in the LDC shall apply, unless a variance therefrom is obtained. 1.6 Chokoloskee Island subdivision requirements. a. Deeds and other convevances. All deeds and other convevances 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 -OFMAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." Failure to include this information in a deed shall not affect the conveyance of property. b. Building permits for Chokoloskee Island. Prior to the issuance of a building permit for any property on Chokoloskee Island, the owner of the Property applying for the building permit must provide verification that he or she has an existing means of access to the property and the existing 6 Text added in 4.03.03 H.1. was relocated from the former 10.02.02 B.11. Page 22 of 234 Words stmeak th ougl} are deleted, words underlined are added means of access to such property must be improved to the standards established by this subsection. Said access may be: i. Dustless surface a minimum of 20 feet in width; H. Asphalt paved road a minimum of 18 feet in width; or iii. Limerock surface a minimum of 20 feet in width. C. Access agreement The owner of property applying for a building permit shall execute a release and waiver agreement which shall be executed and recorded at the applicant's expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the County Attorney or designee and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application: L Identification of the property by legal description and tax parcel folio number: H. 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 perpetual responsibility of the individual(s) or other entity holding rights to such means of access; V. A statement confirming that any development order issued by Collier County proposing utilization of such means of access shall contain a specific disclaimer from Collier County relating to the county's obligation for the present or future maintenance or upkeep of such means of access; vi A statement of release holding Collier County harmless in perpetuity for maintenance of such means of access; vii Description of the extent and specifications for improvements to the means of access being proposed by the applicant; viii Description of the utilities including for example, water, sewer, telephone electricity, which shall service the property as required by Collier County Ordinance No. 89 -06, known as the Collier County Standard Housing Code, or its successor in function; ix A statement of the applicant's intent to arrange for have installed and pay for provision of such utilities as are required by law; X. A statement of release holding Collier County harmless in perpetuity for maintenance of such utilities; Page 23 of 234 Words stpdel' duetigh are deleted, words underlined are added t � A. A statement that permits from all state and federal agencies have been obtained or applied for, including copies of said permits applications. The responsibility to determine if such permits are necessary is solely the responsibility of the applicant. I. Golden Gate Estates lot divisions. When a 5 acre parcel in Golden Gate Estates is subdivided into 2 lots, where 1 of the lots is not on the existing right -of -way, the owner may create an access easement to and through the parcel which is not on the right -of -way. The easement must be at least 20 feet in width, and extend at least 150 feet into the otherwise landlocked lot. The easement shall provide for access to the lot, and satisfy the frontage requirement.' SUBSECTION 3.K. AMENDMENTS TO 4.03.04 LOT LINE ADJUSTMENTS Section 4.03.04 Lot Line Adjustments, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.04 Lot Line Adjustments and Lot Split A. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels which may be platted or unplatted and which are under separate ownership or the same ownership shall be exempt from this section if all of the following conditions are met. The Administrative Code shall establish the procedures and submittal requirements for obtaining a lot line adjustment. The lot line adjustment shall be recorded with the Clerk of Courts within 12 months of approval by the County Manager or designee. A. 1. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and B. 2. Both landowners whose lot lines are being adjusted provide written consent to the lot line adjustment; and G3. Instrument(s) evidencing the lot line adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, the requirements of this LDC, including the dimensional requirements of the zoning district and the subdivision in which the lots are located. However, in cases of an existing nonconforming lot of record, the adjustment shall not increase the nonconformity of the lot; and 7 Text added in 4.03.03 I was relocated from the former 10.02.02 B.1 Ld. Page 24 of 234 Words stmok dwough are deleted, words underlined are added � 1 D 4. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity to create a new lot(s) for resale or development. B.$ 9 Lot Split. All lots must have frontage on a public or private right -of -way, with the exception of 1 division of a single platted lot or otherwise established lot of record in the Rural Agricultural or Estates zoning district into 2 lots. Any such lot split may utilize an access easement to satisfy access and frontage requirements for the lot which would not otherwise have street frontage. 1. The width of such access easement may not be less than 12 feet and may be required to be wider at the discretion of Collier County staff, to accommodate safe access and turning movements stormwater drainage pipes and the like. 2 The number of access points to a public right -of -way shall not be increased as a result of the lot split if, in the opinion of the county staff, safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot split. 3 The access easement will create a front yard for setback purposes for all lots abutting the access easement. In cases where access is presently provided by an access easement to existing lots of record in any zoning district which are not part of a recorded or unrecorded subdivision, this easement will serve to satisfy access and frontage requirements for those lots and yards abutting the easement will be considered front yards for setback purposes. 4 Application The further split or division of a lot parcel, or any lot of record into 2 proposed parcels must be reviewed and approved by the County prior to any subsequent development orders or development permits issued or approved. a The Administrative Code shall establish the procedures and submittal requirements for obtaining a lot split. b Appropriate access to the resulting parcels from the public road network shall be demonstrated and where necessary, may require appropriate easements for joint or cross access to be recorded before an approved lot split becomes effective. C. Only lot split requests meeting the applicable land development regulations specifically including the minimum lot area and lot dimensions for the existing zoning district, may be approved, but do not become effective until evidence of the County approved lot split is also provided to the Property Appraiser or Clerk of Courts for their consideration and record - keeping, as may be applicable. 4.03.04 B.1 -3 derives from the former 10.02.04 B.5.i. 4.03.04 B.4 derives from the former 10.02.02 B.12. Page 25 of 234 Words stmok dffough are deleted, words underlined are added SUBSECTION 3.L. AMENDMENTS TO 4.05.04 PARKING SPACE REQUIREMENTS Section 4.05.04 Parking Space Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.04 Parking Space Requirements10 D. Required off - street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right -of- way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. 1. Residential off - street parking. Driveways must be at least 23 feet in length, measured from the back of the sidewalk to the garage, to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side - loaded there must be at least a 23 -foot paved area on a perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic by providing equivalent space. SUBSECTION 3.M. AMENDMENTS TO 4.07.02 DESIGN REQUIREMENTS Section 4.07.02 Design Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.07.02 Design Requirements" F. Off - street parking and off - street loading requirements shall be as for comparable type, density and intensity of uses established in the PUD. No parking spaces on or within any public or private road or travelway shall be counted in fulfilling the required number of spaces. Landscaping for vehicular areas shall be as established in LDC section 4.06.00. 1. Residential off - street parkinq. Driveways must be at least 23 feet in length measured from the back of the sidewalk to the garaqe, to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side - loaded there must be at least a 23 -foot paved area on a perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic by providing equivalent space. 10 Text added in 4.05.04 D was relocated from 10.02.03 B.l.i.xv. which was the list of submittal requirements in the SDP section. 11 Text added in 4.07.02 F relocated from 10.02.03 B.1.i.xv. which was the list of submittal requirements in the SDP section. Page 26 of 234 Words stme�aackcmvagh are deleted, words underlined are added 9A ; I * * * * * * * * * * * ** SUBSECTION 3.N. AMENDMENTS TO 5.03.06 DOCK FACILITIES Section 5.03.06 Dock Facilities, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.03.06 Dock Facilities H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. of this Code may be considered appropriate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: * * * * * * * * * * * * * * * I. Procedures for approval of docks, dock facilities, and boathouses. 1. The Administrative Code shall establish the procedures and submittal requirements PFOGeduFes for the issuance of permits for docks, dock facilities, and boathouses. Notice procedures are provided in LDC section 10.03.06. 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06DG, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H. f6}-ef this I-D-G-. SUBSECTION 3.0. AMENDMENTS TO 5.04.01 TEMPORARY USE PERMITS Section 5.04.01 Temporary Use Permits, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 27 of 234 Words stmek threugf} are deleted, words underlined are added 5.04.01 Temporary Use Permits 12 A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a development site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. B. General. The County Manager or designee may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and Chapter 5 of the LDC fie. Approvals for such requests shall be based upon, but not limited to, the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adjacent properties. C. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers agents and employees from and against all claims, suits, actions, damages liabilities expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner Provided by the County Manager or designee. D. Cancellations and postponements. 1 If a permitted event is canceled or postponed the applicant shall furnish Collier County with written notification of such cancellation or postponement and the reason(s) for same It is understood that weather conditions may cause last minute cancellations; however, the applicant shall make every effort to notify the county staff prior to the scheduled commencement of said event. If the event is to be re- scheduled notice of the date and time of the rescheduled event shall be provided. 2 If a permitted event is postponed the permit will be amended to reflect the rescheduled event dates and a copy will be provided to the applicant prior to the event. 3 If an event is cancelled and the County is notified prior to the initially proposed commencement date the number of days used will not count towards the maximum number of authorized days afforded for events by the LDC. E Suspension or revocation Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. A permit may be revoked without refund for established public safety and welfare issues. The suspension or revocation shall be initially communicated verbally, followed by a written suspension or revocation order. The continued failure to comply with the terms and conditions of a previously suspended permit may result in the revocation of said permit. F Violations The failure to obtain a required Temporary Use Permit, and /or the failure to cease activities authorized by such a temporary use permit, including the removal of any displays structures merchandise equipment signs or banners authorized by said permit upon expiration suspension or revocation shall establish a violation of the LDC 12 New text in this section has been relocated from the former 10.02.06 G.6 -G.9. Page 28 of 234 Words stmek Offeugh are deleted, words underlined are added 4 9A � and shall be subject to the penalties established within the LDC. SUBSECTION 3.P. AMENDMENTS TO 5.04.05 TEMPORARY EVENTS Section 5.04.05 Temporary Events, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.05 Temporary Events A. Special Events 1. Sales and Promotional Events a. A temporary use permit is required for temporary sales and /or promotional events on non - residential property, such as grand openings, going out of business sales, special promotional sales, sidewalk sales, overstock sales, tent sales, or other similar uses for sales and promotional events related to the principal activities in operation at the subject property, unless otherwise provided for in this section. b. The Administrative Code shall establish the procedural requirements for a A temporary use permit for sales or promotional events_ shall Fneet the * * * * * * * * * * * * * SUBSECTION 3.Q. ADDING SECTION 5.04.08 FILM PERMIT Section 5.04.08 Film Permit, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 5.04.08 [ReseFved] Film Permit 13 A Film Permit Required A permit shall be required for the following activities taking place, in conjunction with commercial motion picture film, television, video or still photography production: the use of set scenery, temporary structures or other apparatus, special effects or closure of public streets or accessways. The LDC shall not apply to bona fide newspaper, press association newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture /television filming as a permitted use. 13 Text relocated from 10.02.06 G.10 Page 29 of 234 Words stfuek threugk are deleted, words underlined are added B. Procedural Requirements. The Administrative Code shall establish the application requirements and review procedures for a Film Permit. C Insurance requirements The applicant shall maintain in force at all times during the permit period a comprehensive general liability policy with limits other than those described in the Administrative Code as determined by the risk management director upon a review of the particular circumstances involved. Said applicant shall provide to the County Manager or designee a certificate of insurance as evidenced that said insurance is in existence and certifying that Collier County is named insured, and that Collier County be given 30 days' notice prior to the expiration or cancellation of the Policy. Any additional insurance requirements for filming on private property will be at the discretion of the affected property owner. D. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers agents and employees from and against all claims, suits, actions, damages liabilities expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner Provided by the County Manager or designee. E Permit fee No permit fee shall be required. Any additional license or user fees which have been established for county -owned land or facilities shall be in effect. F Issuance of Permit Upon presentation of the completed application, proof of insurance, Payment of permit fee surety bond or cash payment in lieu of the bond and review by the County Manager or designee the permit may be issued. If the County Manager or designee determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then the County Manager or designee may require that the permit application be scheduled for a public hearing before the Board of County Commissioners. The special circumstances could include but are not limited to, closure of a public street or accessway' use of special effects including incendiary or explosive devices; a large production crew or crowd control: and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least 1 time 15 days prior to the hearing. G Suspension of permit Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. H Costs for extraordinary services. The County shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not be limited to charges for personnel and /or equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The County may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production actual costs below or in excess of the estimates will be refunded by the County or paid by the applicant, respectively. I Surety bond A surety bond in an amount to be determined by Collier County and issued Page 30 of 234 Words stme'�,�s"h are deleted, words underlined are added 9A by a companv authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or designee to provide for cleanup and /or restoration of the subject site(s). * * * * * * * * * * * * * SUBSECTION 3.R. AMENDMENTS TO 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES Section 5.05.01 Businesses Serving Alcoholic Beverages, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.01 Businesses Serving Alcoholic Beverages A. Sale of alcoholic beverages. The County Manager or designee; may authorize the sale of alcoholic beverages for consumption on -site, subject to compliance with all zoning restrictions and the following locational criteria: * * * * * * * * * * * * * 5. The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10 and the Administrative Code. 6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on -site, from the school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors: * * * * * * * * * * * * * d. The Administrative Code shall establish the submittal requirements and pRrocedures for the waiver of distance requirements_ aFe set {rt GhapteF 10. * * * * * * * * * * * * * SUBSECTION 3.S. AMENDMENTS TO 5.05.05 AUTOMOBILE SERVICE STATIONS Section 5.05.05 Automobile Service Stations, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 31 of 234 Words stmek thfsugh are deleted, words underlined are added 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 243 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of automobile service stations. B. Site design requirements. 8-.1. Table of site design requirements: 2. 14 Waiver of separation requirements. a. The BZA may. by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man -made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i. Whether the nature and type of natural or manmade boundary, structure or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4 lane arterial or collector right -of -way. ii. Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, 14 Text added under 5.05.05 B.2 was relocated from the former 9.04.07. Page 32 of 234 Words stFuek dwoug n are deleted, words underlined are added Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.) 500 (based on distance between nearest points) Minimum setbacks, all structures: Front yard 50 Side yard 40 Rear yard 40 2. 14 Waiver of separation requirements. a. The BZA may. by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man -made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i. Whether the nature and type of natural or manmade boundary, structure or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4 lane arterial or collector right -of -way. ii. Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, 14 Text added under 5.05.05 B.2 was relocated from the former 9.04.07. Page 32 of 234 Words stFuek dwoug n are deleted, words underlined are added 9 A -a .gasoline and other convenience items during daytime, nighttime, or on a 24 hour basis. iii. Whether the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right -of -way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. b. The Administrative Code shall establish the submittal requirements for an automobile service station waiver request. The request for an automobile service station waiver shall be based on the submittal of the required application, a site plan, and a written market study analysis which justifies a need for the additional automobile service station in the desired location. C. Additional conditions. The BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the automobile service station with the surrounding area and the goals and objectives of the GMP. E. Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed Gip-O) foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. M-11 Rn III Page 33 of 234 Words s«..,,,ag " are deleted, words underlined are added - - IMI - - M, MUM- - - - - - - - M-11 Rn III Page 33 of 234 Words s«..,,,ag " are deleted, words underlined are added Page 33 of 234 Words s«..,,,ag " are deleted, words underlined are added 9A R O. Exceptions: 1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor render non - conforming, any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. SUBSECTION 3.T. AMENDMENTS TO 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards 15 * * * * * * * * * * * * * C. Building Design Standards. * * * * * * * * * * * * * 5. Project Standards. a. An applicant must submit architectural drawings and a site development plan or site improvement plan according to LDC Ssection 10.02.03 Site DevelOpMeRt Plans of this and the Administrative Code to comply with this LDC Ssection 5.05.08. Architectural drawings must be signed and sealed by a licensed Architect who is responsible for preparing the drawings and who is registered in the state of Florida as set forth in F.S. Chapter 481. , all sample. FegisteFed in the 6tate of Florida as set forth in GhapteF 481, of the FleFi Statutes. is Language stricken in section 5.05.08 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 34 of 234 Words stfuek through are deleted, words underlined are added nxms�"J r, b. Building design treatments. Each building fagade must have at least four of the following building design treatments: d-c. Site design elements. All projects must have at a minimum two of the following: * * * * * * * * * * * * * E. Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with the Administrative Code and LDC Ssection 10.02.03. Site DevelapmeRt Plans of th*s Gede. * * * * * * * * * * * * * F. Deviations and Alternate Compliance. The following alternative compliance process is established to allow deviations from the requirements of this section as approved by the County Manager or designee. 1. Review and approval procedure. Upon request by the applicant, the County Manager or designee may administratively approve a Site and Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of section 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re- review and approval by the County Manager or designee. 2. Review criteria. In approving an alternative plan, the County Manager or designee must find that the proposed alternative plan accomplishes the purpose and intent of this Ssection. ' . If the plan is approved through this sectionpfevisis , the Ssite Bdevelopment Rplan approval letter shall specifically note the deviations and the basis for their approval. 3. The Administrative Code shall establish the submittal requirements for the Deviations and Alternate Compliance process. '�:aadddditieen to the -hase submittal 4. Applicability. * * * * * * * * * * * * * Page 35 of 234 Words stmeak dwougn are deleted, words underlined are added NINE- -. e- i-e 2 M. .• do W - - - 4. Applicability. * * * * * * * * * * * * * Page 35 of 234 Words stmeak dwougn are deleted, words underlined are added 9 A SUBSECTION 3.U. AMENDMENTS TO 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS Section 5.06.02 Development Standards for Signs within Residential Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.02 Development Standards for Signs within Residential Districts B. Applicability. Signs within residential zoning districts, and in designated residential portions of PUD zoned properties shall be permitted as provided for in this section. Development standards. a. Maximum allowable height. All signs within residential zoning districts, and as applicable to designated residential portions of PUD zoned properties, are limited to a maximum height of 8 feet, or as otherwise provided within the LDCthis -Cede. Height shall be measured from the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost portion of the sign structure. b. Minimum setback. All signs within residential zoning districts and as applicable to designated residential portions of PUD zoned properties shall be located no closer than 10 ten feet from the property line, unless otherwise noted below or as provided for in LDC section 9.03.07 of LDG. When a property line encompasses a portion of the roadway, then the setback shall be no less than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable, unless otherwise provided for in this section. C. If the applicant is not the property owner, then a copy of a notarized authorization letter between the property owner or property manager and the applicant is required, specifically authorizing approval of the erection of a sign on the subject parcel. d. Double -faced signs shall be measured by only one side if both sides are the same. e. The use of fluorescent colors on signs is prohibited. The permit number shall be displayed or affixed at the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing 5 feet in front of the base of the sign and, in no case, shall the permit number be less than Y2 inch in size. g. For any ground sign over 32 square feet or over 8 feet in height, construction drawings shall be certified by a Florida registered engineer or a Florida registered architect. The construction drawings shall contain the plans and specifications, the method of construction, and the method Page 36 of 234 Words Amok &ougl3 are deleted, words underlined are added 9A of attachment to the building or the ground for pole signs and all projecting signs. * * * * * * * * * * * * * SUBSECTION 3.V. AMENDMENTS TO 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS Section 5.06.04 Development Standards for Signs in Nonresidential Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.04 Development Standards for Signs in Nonresidential Districts C. Development standards. * * * * * * * * * * * * * 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit or clearing permit has been issued, with the exception of real estate signs which may be allowed on parcels less than 10 acres. 10. For any ground sign over 32 sq. feet or over 8 feet in height, construction drawings shall be certified by a Florida registered engineer or a Florida registered architect. The construction drawings shall contain the plans and specifications, the method of construction, and the method of attachment to the building or the ground for pole signs and all proiectinq signs. * * * * * * * * * * * * * F. On- premise signs. On- premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single- occupancy parcel, or for each unit in a multiple- occupancy parcel. End units within shopping centers and multiple - occupancy parcels, or single occupancy parcels where there is double frontage on a public right -of -way, shall be allowed 2 signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by the LDCttis -Gede. Wall sians, or anv separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [code & 22 -106 et seg.1, Flood Ordinance rCode ch. 62. art. Page 37 of 234 Words s,mek thfoug n are deleted, words underlined are added 1 dti � y 4, III, and the Coastal Building Zone Ordinance (Code ch. 22, art. VIIII. 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 desiqn the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. SUBSECTION 3.W. AMENDMENTS TO 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS Section 5.06.11 Permit Application and Review Process, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.11 Permit Application and Review Process for Signs 16 A. Building Permit applications for signs. 1. General. Any person who wishes to construct, install, rebuild, reconstruct, relocate, alter, or change the message of any sign shall apply for and receive a building permit in accordance with Collier County Ordinances and the Florida Building Code as adopted by Collier County prior to the commencement of any work. A building permit will be issued by the County Manager or designee, provided that all permit requirements of the LDCGede and all other applicable provisions of the Collier County ordinances and regulations have been met. 2. Process. The Administrative Code shall establish the application requirements and review process for sign permits. All drawings, plans, and specifications for pole signs, projecting signs, and any ground sign over 32 square feet or over 8 feet in height must be submitted and certified by a Florida registered design professional. 3. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. 2-4. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. fUFRished by the County ManageF OF designee. , sign undeF the pFevisien of this Gede, aR appliGant shall submit 16 Language stricken in section 5.06. 11 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 38 of 234 Words struo. h are deleted, words underlined are added 9A The Co unty Manage FRGsign a shall iss ue the permit if if is determined fh�f Page 39 of 234 Words stmek thfoug k are deleted, words underlined are added 011.0-M "N ift"'Affil - M.1I 010% Rp- pip Z MUM ._ The Co unty Manage FRGsign a shall iss ue the permit if if is determined fh�f Page 39 of 234 Words stmek thfoug k are deleted, words underlined are added 2 The County Manager designee deny the permit if it is determined that eF one for denial shall inGluding this Sip OF FneFe Feasens Gede and any exists, nenGemplianGe with e Gounty ManageF designee the denial the eF shall make a wFitten FePG.rt. of. and the designated FetuFn addFess of the appliGa.PA-. I -B. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. Within 30 days of the date of the written denial, the applicant denial sent by certified mail return receipt requested by the County Manager or designee, the applicant; may appeal the permit denial to the bBuilding Qoard of aAdjustments. 2. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits, and other backup information in support of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. The bBuilding bBoard of aAdjustments and aAppeals; shall hold an advertised public hearing on the appeal and shall consider the denial of the County Manager or designee or shie# building official, whichever is applicable;_ 3. Time limitations on appeals. The Board of Zoning Adjustment and the Building Board of Adjustments and Appeals shall make their decision on an appeal within 60 days after a request for an appeal has been filed in writing. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC cede. SUBSECTION 3.X. AMENDMENTS TO 6.01.02 EASEMENTS Section 6.01.02 Easements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.02 Easements " C. Protected /preserve area and easements. aFea and easements, see seGtien 10.02.04 13.1. ef this Ged-e-7 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 17 Language added in section 6.01.02 C was relocated from the former 10.02.04 B.1. Page 40 of 234 Words stmok "eug are deleted, words underlined are added l 9 A ., submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected /preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum setback as required by the LDC, or other setback that may be approved as a deviation through the PUDapproval process by the Board of County Commissioners from the boundary of such protected /preserve area in which no principle structure may be constructed. The required _preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the County Manager or designee: provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or simply identified by a recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected /preserve areas shall be identified as separate tracts or easements having access to them from a platted right -of -way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected /preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected /preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and /or tracts on the final subdivision Plat to Collier County without the responsibility for maintenance and /or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. SUBSECTION 3.Y. ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN Section 6.01.05 Soil Erosion and Sediment Control Plan, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 6.01.05 Soil Erosion and Sediment Control Plan 18 A. Soil Erosion and Sediment Control Plan. For new and existing development and construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04 18 Added text in section 6.01.05 was relocated from the former 10.02.02 C and updated. Page 41 of 234 Words stmek t dough are deleted, words underlined are added 1 9A % w and 10.02.05 a soil erosion and sediment control plan shall be prepared and submitted for approval with the required construction documents for each proposed project as Prescribed by objective 5.4 and policy 5.4.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 1 Application. The Administrative Code shall establish the procedure and submittal requirements for a Soil Erosion and Sediment Control Plan. * * * * * * * * * * * * * SUBSECTION 32. AMENDMENTS TO 6.02.01 GENERALLY Section 6.02.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.02.01 Generally * * * * * * * * * * * * * B. Procedures for determinations of vested rights for adequate public facilities are set forth in Chapter 9 4-0. C. Procedures for applications for certificates of public facility adequacy are set forth in the Administrative Code and LDC section 10.02.07GhapteF 10. D. For the purposes of this section only, the following terms are defined as follows: * * * * * * * * * * * * * SUBSECTION 3.AA. AMENDMENTS TO 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS Section 6.02.03 Transportation Level of Service Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.02.03 Transportation Level of Service Requirements 19 F Proportionate Share Payments. Proportionate share payments may be used to mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrence Management Area in which 85 percent of the north -south lane miles and 85 percent of the east -west lane miles are 19 Text added in 6.02.03 F was relocated from former 10.02.07 CA.g. Page 42 of 234 Words stmek dwoug n are deleted, words underlined are added 9A t" r operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. 1. However, no impact will be de minimis if it exceeds the adopted level -of- service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrence determination process. Development of an individual single - family residence will not be required to contribute or make a proportionate share payment under this section. a. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase X cost = proportionate share. i. 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. ii. SV increase = The change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service. Cost = Cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs including engineering design, right -of -way acquisition, planning engineering, inspection, and other associated physical development costs directly required and associated with the construction of the improvement. b. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type /facility type as determined by the Collier County Transportation Administrator. SUBSECTION 3.136. AMENDMENTS TO 6.04.03 FIRE HYDRANTS Section 6.04.03 Fire Hydrants, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 43 of 234 Words stmek thfsugh are deleted, words underlined are added 9A 6.04.03 Fire Hydrants mr .. - • - - - - - - mr - • - - - - - - • - - - .. - - - - - - - - - - - - Nzr - .. • -- - - - - - • - - - - - A. 3. Fire hydrants shall be provided at no cost to the County in all subdivisions and developments. in all Gases, fiFe hydrants shall be provided and rpaGed OR the manne pFesGribed by the design FequirerneRtS of this ser--tien. B. All subdivisions and development shall comply with the Florida Fire Prevention Code F( FPC). Page 44 of 234 Words stmek t;?fough are deleted, words underlined are added - • - - - - - - - - - .. - - - - - - - - • -- - - - - - • - - - - - A. 3. Fire hydrants shall be provided at no cost to the County in all subdivisions and developments. in all Gases, fiFe hydrants shall be provided and rpaGed OR the manne pFesGribed by the design FequirerneRtS of this ser--tien. B. All subdivisions and development shall comply with the Florida Fire Prevention Code F( FPC). Page 44 of 234 Words stmek t;?fough are deleted, words underlined are added 9A '0R SUBSECTION 3.CC. AMENDMENTS TO 6.05.01 WATER MANAGEMENT REQUIREMENTS Section 6.05.01 Water Management Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.05.01 Water Management Requirements 20 A complete stormwater management system shall be provided for all areas within the subdivision or development, including lots, streets, and alleys. A. The system design shall meet the applicable provisions of the current County codes and ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida Administrative Code, and any other affected state and federal agencies' rules and regulations in effect at the time of preliminary subdivision plat submission. Water manaaement areas will be reauired to be maintained_ in perpetuity according to the approved plans Water management areas not maintained will be corrected according to approved plans within 30 days. H. Street arades. Street arades must be determined in relation to the drainage facilities for the subdivision and must not exceed four percent nor be less than 0.3 percent, unless otherwise approved by the County Manager or designee pursuant to section 10 02 04 of the LDC. Street arades must be shown on the development plans by direction and percent of fall on the road profiles. I Rainfall and runoff criteria. The system must be designed for "design floods" resulting from rain storms and antecedent conditions for all system components in accordance with current Collier County and South Florida Water Management District criteria. 1 Runoff coefficients. Existing land usage will be considered for the selection of proper runoff coefficients within the drainage basins involved, whether within the subdivision or development or not. 2. Lakes. Artificial lakes and retention basins proposed as part of a stormwater retention system for on -site water management must be designed and shall be consistent with other ordinances or regulations of Collier County, the state or the region All lakes will be set back from abuttina roadways or intersections pursuant to the design standards established in sections 22 -106 through 22 -119 of the Code of Laws and Ordinances. J. Stormwater outfalls. Stormwater runoff must be conducted to positive outfalls that can be permanently maintained practicably and legally. Outfalls to existing waterways, canals, preserve or conservation areas lakes or storm sewers will be acceptable provided it can be demonstrated through a professional engineering study to the County Manager or designee that such receiving systems have adequate capacity to receive the proposed quantity and quality of the additional flow. 20 Language being added in section 6.05.01 derives from the former Code of Laws section 2 -12, Exhibit A, subsection C.16. Page 45 of 234 Words stmek throug are deleted, words underlined are added 9 A , v, 1. Side ditches or swales along public or private roads shall not be accepted as suitable positive outfalls except as may be specifically accepted under the provisions of the LDC by the County Manager or designee and by the Florida Department of Transportation, if applicable. The storage of stormwater runoff in other existing or proposed ditches or swales within a public or private right -of- way will be permitted for volume storage when approved under South Florida Water Management District design criteria, but will not be utilized to satisfy the stormwater storage (quality) requirements of a development's master water management system. K. Major waterway. Improvement or establishment of major waterways and canals will be developed in full accord with applicable stormwater management criteria. Engineering data criteria and suitable calculations shall be submitted to the County Manager or designee prior to approval of construction plans. 1. Roadways over maior waterways will be structures approved by the Count Manager or designee, sized to maintain flow capacity, designed to assure long life and minimal maintenance. Construction must meet all current Florida Department of Transportation Standard Specifications for Road and Bridge Construction as amended, unless otherwise approved by the County Manager or designee pursuant to section 10.02.04 of the LDC. L. Outfall ditches and open channels. Unless otherwise approved by the County Manager or designee pursuant to section 10.02.04 of the LDC side slopes no steeper than four to one will be allowed. Protection against scour and erosion will be provided as required by the County Manager or designee. M. Roadside swales. 1. Desion. In the interest of preservinq the existing natural groundwater levels roadways will not be designed so as to cause the significant lowering of the water levels existing in the area prior to development. Roadside swales and ditches may be permitted within street riahts -of -way where the use of roadside swales can be justified to the County Manager or designee throuqh a written report Prepared by the applicant's professional engineer. Swales where permissible will have side slopes no steeper than four to one and they will not be utilized to satisfy the stormwater quality (volume) requirements of a project's master water management system. Where flow velocities in excess of four feet per second are anticipated, urban right -of -way sections will be required. 2. Erosion protection. All unpaved areas within the permanent right -of -way must be provided with permanent erosion protection such as native vegetation or turf. Swale ditches shall be sodded a lateral distance extending from the road pavement to the top of the swale ditch backslope. Where valley puttered sections are used for drainageways, turf protection must be placed from the edge of the putter to the outer limits of the riaht -of -way. If seeding is utilized, then mulching in accordance with the Florida Department of Transportation standards will be required Additionally, if seeding and mulching are utilized, then a strip of sod one foot wide will be placed along the face of the pavement or curb section and over the invert of any approved swale section within the runoff flowway. All swales subject to erosion velocities will have adequate erosion protection in the form of riprap or other applicable like methods. Page 46 of 234 Words strttek tIffough are deleted, words underlined are added 9A'�! 3. Driveways across swale ditches. Driveways across permitted swale ditches must have placed beneath them drainage pipes of adequate size and type approved by the County Manager or designee, based on the capacity requirements calculated by the applicant's professional engineer for the development's master water management system. N. Street drainage. Street drainage within the road right -of -way through grassed swales will be permitted for rural cross sections only except where velocities in excess of four feet per second are anticipated. The flow from these swales or other types of drainage facilities will be diverted to natural percolation areas, artificial seepage basins or artificial lakes of at least sufficient capacity to comply with the criteria of Collier County and the South Florida Water Management District. Other equally effective methods of returning cleansed waters to the aquifer will be acceptable upon prior review and approval by the County Manager or designee. 1. Existina natural lakes may be used as detention areas provided that they have adequate storage capacity and that pretreatment measures approved by the County Manager or designee are taken to prevent pollutant matter from entering the lake. Positive outfall drainage facilities will be provided away from all percolation areas, seepage basins, detention areas and artificial lakes to handle the runoff from storms which exceed the required design storm event in duration and /or severity. O. Percolation areas. The actual area required will depend on the percolation rate for the soils at the specific site and the manner in which the site is developed in accordance with Collier County and South Florida Water Management District criteria. 1. Underground drainage. Where drainage plans provide for, or it is so directed by the County Manager or designee, the collection of stormwater in underground pipes inlets and other appurtenances for conveyance to an intermediate or ultimate outfall, the following minimum design criteria will be observed: a. The minimum pipe used within a publicly maintained stormwater collection system will be 15 inches in diameter. b. Inlets will be spaced at such intervals and in such a manner to allow for the acceptance of 100 percent of the ten -year, one -hour storm runoff. C. The distance between terminating and intermediate structures must not exceed those required by the Florida Department of Transportation, pursuant to Florida Department of Transportation Drainage Manual, Volumes 1-4 (1987 edition or latest revision). d. The stormwater, underground collection system, must be so designed that the elevation of the hydraulic gradient during a ten -year, one -hour storm event is never higher than the crown elevation of any publicly maintained roadway in the system. e. The pipes must be designed to minimize sediment deposits. f. The pipe materials must meet the requirements set forth in sections 943 - 948 inclusive of the current edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Page 47 of 234 Words stmek dwough are deleted, words underlined are added 9A - k Only concrete pipe or other pipe materials approved by the County Manager or designee may be used in tidal or salt waters. g. All drainage pipes must be fitted with headwalls, endwalls, inlets and other appropriate terminatinq and intermediate structures. P. Stormwater disposal. The method of ultimate disposal of stormwaters will be dependent upon the soil characteristic underlying the development or subdivision. All stormwaters will be subjected to treatment for the removal of petroleum residues, oils, suspended solids and other pollutants found in stormwater runoff. The method of treatment will be determined by the applicant's professional engineer responsible for the preparation of the stormwater management plans and specifications, and will be subject to the approval of the County Manager or designee and the concerned state agencies. SUBSECTION 3.13D. AMENDMENTS TO 6.06.01 STREET SYSTEM REQUIREMENTS Section 6.06.01 Street System Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.01 Street System Requirements S. Curbs /valley putter. All streets must be provided with valley putter or curbs to provide for drainage. Curbs will be required at street intersections and for those areas requiring additional vehicular protection. All required intersection curbs must extend ten feet beyond the radius. 21 T. Intersection radii. Street intersections will be provided with a minimum of a 25 -foot radius (edge of pavement) for local or cul -de -sac streets. If two local or cul -de -sac streets intersect at less than 90 degrees, a radius of greater than 30 feet may be required. Intersection right -of -way lines must be provided with no less than a 25 -foot radius, or as approved by the county manager or designee. Y2 U. Sians. The developer must provide and install traffic control signs, street name and speed limit signs. All signs must be of noncorrosive, reflective material construction or of a type approved by the County Manager or designee. One double -sided street name sign of standard design as prescribed by current county standards will be provided at each intersection for each named street unless otherwise approved by the County Manager or designee pursuant to LDC section 10.02.04. All signs shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD), unless approved through the PUD deviation process. All signs must be designated on the construction plans prior to their approval by the County Manager or designee.21 Language being added in this subsection derives from the former Code of Laws section 2 -12, Exhibit A, subsection C.13.g. Language being added in this subsection derives from the former Code of Laws section 2 -12, Exhibit A, subsection C.13.h. Language being added in this subsection derives from the former Code of Laws section 2 -12, Exhibit A, subsection C.13.l.ix. Page 48 of 234 Words stmek 9wetign are deleted, words underlined are added 9A * * * * * * * * * * * ** SUBSECTION 3.EE. AMENDMENTS TO 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.02 Sidewalks, Bike Lane and Pathway Requirements 24 A. All developments must construct sidewalks, bike lanes, and pathways, as described below: * * * * * * * * * * * * * 6. All bicycle lanes must also have signage and be marked in accordance with the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. 7. Sidewalks and bike paths at intersections shall continue to the edge of curb as depicted by Illustrations 1 and 2. [remainder of this page purposefully left blank] 24 text and illustrations being added in 6.06.02 A.7 -9 were relocated from the former 10.02.03 B.1.i.v -vi. Page 49 of 234 Words struek thfough are deleted, words underlined are added 1 9A mr t7pm*r pa t7o Illustration 1 Cu�lS tzgrltas ilulinrtnn �ONr t 1?O TNIS da -r•K +s Illustration 2 Page 50 of 234 Words s«mek thfough are deleted, words underlined are added ►9A 8. Two curb ramps shall be provided for sidewalks and bike paths at each street corner of an intersection. Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio greater than as outlined by the Florida accessibility code for building construction. 9. Crosswalks shall be required at any intersection where the distance to the nearest crosswalk is greater than 1,000 feet. SUBSECTION 3.FF. AMENDMENTS TO 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS Section 9.02.06 Required Notices for Vested Rights Determination Process, Including Public Hearings, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.02.06 Required Notices for Vested Rights Determination Process, Including Public Hearings A. Within fifteen days of the date of receipt by the county of a completed application for a vested rights determination, the landowner must provide notice of the submission of the application by: a3 1. pProminently posting on the property for which the vested rights determination is sought a sign advising of the substance of the claim of vested rights. The sign shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The sign to be posted shall contain substantially the following format. a. Public Hearina for Vested Riqhts Determination: To Permit: (sufficiently clear to describe the project) Date: Time: To be held in the Commissioners Meeting Room, Administration Building, County Government Center, 3299 Tamiami Trail East, Naples, Florida 2. The area of the signs shall be as follows: a. For properties less than one acre in size, the sign shall measure at least one and one half square feet in area. b. For properties 1 acre or more in size, the sign shall measure at least 32 square feet in area. 3. In the case of signs located on properties less than one acre in size, the sign shall be erected by the County Manager or designee in full view of the public on each street side of the subject property. Where the property for which approval is Page 51 of 234 Words stmek dwough are deleted, words underlined are added 9A M 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. 4. In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sian(s). A sian 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 subject property, then the sign or signs shall be erected along the nearest street riaht -of -way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sian on each external boundary which fronts upon a street however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along the exterior boundary fronting on a street exceed 4 signs. The applicant shall provide evidence to the County Manager or designee that the sian(s) were erected by furnishing photographs of the sian(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The sians shall remain in place until the date of either the following occurrences: 1) Final action is taken by the board of county commissioners or 2) The receipt of written notification by the County Manager or designee from the applicant requesting to withdraw the petition or requesting its indefinite continuance. 5. , , Mmailing notice to all property owners within 300 feet of the property lines of the subject property. The mailed notice must briefly state the nature of the claim and must be made via certified mail, return receipt requested, sent at the landowner's expense. SUBSECTION 3.GG. AMENDMENTS TO 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION Section 9.03.07 Nonconformities Created or Increased by Public Acquisition, Including Public Hearings, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.03.07 Nonconformities Created or Increased by Public Acquisition D. Post Take Plan. This section addresses the development, review and approval of post - take cure plans for remainder properties to mitigate and /or eliminate the negative and potentially costly impacts resulting from the taking of a property for public purposes. In such cases, it may be determined to be in the public interest to allow some deviations from applicable LDC or PUD provisions, or Conditional Use requirements, in order to Page 52 of 234 Words stme�"foug i are deleted, words underlined are added 9 A w accommodate site modifications and /or enhancements, designed to cure, remedy, mitigate, minimize or resolve otherwise negative site impacts resultant from public acquisition. 1. 25 The Administrative Code shall establish the submittal requirements for a A Post Take Plan Fnay be submitted feF staff Feview and appFeval and the applicant shall provide idepist the following: a. The boundary or special purpose survey shall be signed and sealed by a Professional surveyor and mapper licensed to practice in the State of Florida. e-b. The appropriate fee as established by the Board of County Commissioners. 2. The property owner or the County may request the following deviations from the LDC, PUD or Conditional Use requirements, as may be applicable: a. Landscape Buffers may be reduced from the required width or depth; but shall not result in a buffer of less than five453 feet in width or depth. Landscape buffers which have been completely eliminated by the acquisition may be replaced beyond the acquisition area; but shall not result in a buffer of less than 4ve45) feet in width or depth. All required plant materials and irrigation requirements shall remain within the reduced buffer area or shall be relocated or installed as a condition of the Post Take Plan approval. 25 Language stricken in section 9.03.07 D.1. is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 53 of 234 Words stmek dffeug n are deleted, words underlined are added -he name, Legal addFesr ■_ V. All impFevements and Fernedie6a, V0. pFoposed mitigating e-b. The appropriate fee as established by the Board of County Commissioners. 2. The property owner or the County may request the following deviations from the LDC, PUD or Conditional Use requirements, as may be applicable: a. Landscape Buffers may be reduced from the required width or depth; but shall not result in a buffer of less than five453 feet in width or depth. Landscape buffers which have been completely eliminated by the acquisition may be replaced beyond the acquisition area; but shall not result in a buffer of less than 4ve45) feet in width or depth. All required plant materials and irrigation requirements shall remain within the reduced buffer area or shall be relocated or installed as a condition of the Post Take Plan approval. 25 Language stricken in section 9.03.07 D.1. is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 53 of 234 Words stmek dffeug n are deleted, words underlined are added b. Water management facilities, including retention, detention and conveyance may occupy up to seventy five 475) percent of a landscape buffer width, if there is a minimum remaining planting area of at least five (5) feet. C. Required native vegetation, preserve, or open space requirements may be reduced by an amount not to exceed ten4l0) percent. 3. Deviations other than those set forth in paragraphs D.2.a. through D.2.c. above, or exceeding the minimums or maximums established therein, may also be approved, subject to the following procedures: a. In addition to the requirements for submittal of a Post Take Plan established in the Administrative Code paragFaph DA., abeve, within 60 days of the date of submittal of the Post Take Plan to Collier County the applicant shall also notify property owners in accordance with notice procedures established in LDC section 10.03.06 S, and SeGtiGR , as may be applicable. b. The notice shall: (1) list the requested deviations other than those set forth in paragraph 2, above, or exceeding the minimums and maximums established in that subsection; (2) provide a brief narrative justification for such deviation(s); and (3) provide a copy of the Post Take Plan (in 11 by 17 inch or 8.5 by 11 inch format). 'f An- WrMeR objeGfien *6 FeGeived wit 30 days, of the date of rn ietiGe, the Pn-,.-;t T-;-;kp- Plan is deemed appFeved. 4. Approval Criteria and Process. a. If no written objection is received within 30 days of the date of mailing of the notice, the Post Take Plan is deemed approved. e-b. If an abutting property owner who receives a notice submits a written objection to Collier County within 30 days of the date of mailing of notice, the matter shall be scheduled for public hearing before the Collier County Planning Commission (CCPC). In such cases, the Board of County Commissioners delegates the authority to review the Post Take Plan to the CCPC and includes this review as part of the CCPC powers and duties under the Collier County Code of Laws and Ordinances section 2- 1156 - 2 -1164. . Public notice for the hearing shall comply with LDC section 10.03.05 C , as may be applicable, and shall specifically note the location of the property and the requested deviations. The CCPC, in considering whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the following: Whether the deviation is the minimum amount necessary to mitigate for the impacts of the acquisition, while still protecting the public health, safety, and welfare; and Whether the County or property owner has or will mitigate for impacts from the requested deviation(s) on neighboring properties Page 54 of 234 Words s.....,as"n are deleted, words underlined are added l 9A by maintaining or enhancing compatibility through various measures, including but not limited to the installation of additional landscape plantings or the installation of fences or walls; and iii. Whether the requested deviations are consistent with and further applicable policies of the GMP and the requirements of the LDC, PUD, or Conditional Use, as may be applicable. 4-5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan by the CCPC, the applicant, affected property owner, or abutting property owner may appeal the decision to the Board of Zoning Appeals. For the purposes of this section, an aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to any interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). If an appeal is filed by an abutting property owner, and said appeal is successful, Collier County shall reimburse said appellant for the appeal application fee and any associated advertising costs. E. This section (9.03.07) applies to acquisitions which occurred prior to the adoption of this ordinance if the purchase or dedication of the property has not closed, or the condemnation proceeding relating to the property acquired has exhausted all available appeals. SUBSECTION 3.1-11-1. AMENDMENTS TO 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE REQUIREMENTS Section 9.04.07 Specific Requirements for Waiver of Automobile Service Station Distance Requirements, Including Public Hearings, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: dents is 26 The text of 9.04.07 A -C is being relocated to 5.05.05 B. Page 55 of 234 Words s.,...^voug are deleted, words underlined are added . . rMr-11M W.M. Now 26 The text of 9.04.07 A -C is being relocated to 5.05.05 B. Page 55 of 234 Words s.,...^voug are deleted, words underlined are added 9A 0 bUt be limited te, lakes, maFshes, RORdevelepable RGIude, Rot , GGIleGt9F right-of-way. 7 nn4 the WhetheF station °TGRI eRgusGl' OR the sepyinir�n t . OF au obiiln r Fead F8 ht-o way: 4. Wheth'-Z Rot the the dista 011 have an adverse imp or gFaRtiRg of SUBSECTION 3.11. AMENDMENTS TO 10.01.02 DEVELOPMENT ORDERS REQUIRED Section 10.01.02 Development Orders Required, Including Public Hearings, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.01.02 Development Orders Required Early Work Authorization (EWA). An EWA permit allows for limited development activities before a development order is issued provided all underlying zoning approvals are in place. The Administrative Code shall establish the submittal requirements to obtain an EWA permit. Page 56 of 234 Words strucLthfougn are deleted, words underlined are added 0 .0. or-in SUBSECTION 3.11. AMENDMENTS TO 10.01.02 DEVELOPMENT ORDERS REQUIRED Section 10.01.02 Development Orders Required, Including Public Hearings, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.01.02 Development Orders Required Early Work Authorization (EWA). An EWA permit allows for limited development activities before a development order is issued provided all underlying zoning approvals are in place. The Administrative Code shall establish the submittal requirements to obtain an EWA permit. Page 56 of 234 Words strucLthfougn are deleted, words underlined are added 9A An EWA permit may be approved by the County Manager; or designee; for 1 or more of the following activities: a. Vegetation removal (site clearing); b. Excavations; C. Site filling; d. Construction of stormwater management facilities limited to ponds, retention /detention areas, interconnection culverts, and swale systems; aFtd-, e. Off -site infrastructure.-Land f. Construction of a perimeter landscape buffer, berm, wall, or fence. 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with LDC section 3.05.05 O; b. County right -of -way permit has been approved; C. A determination of native vegetation to be retained for landscaping which would comply with LDC sSection 4.06.00; d. An excavation permit has been approved; e. A Soil aAd Erosion and Sediment Control Plan demonstrating compliance with the provisions of LDC sSection 6.01.0510.02.02 GI f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g. Determination of legal sufficiency of the EWA permit by the County Attorney's Office; h. A vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $2,000.00 per acre is posted for stabilization with vegetation in accordance with LDC section 4.06.04 A.3; i. Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); j. The EWA permit is valid for 60 days with the possibility of two 60 -day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro - seeded. Where more time is needed, a new EWA may be requested; k. All preliminary construction activities are at the risk of the developer. C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a conditional building permit prior to development order approval subject to the criteria, limitations, and procedure established in this section. The ECA may be approved by the County Manager or them designee if the following criteria are met: a. A form provided by the Collier County Growth Management Division is submitted that clearly states the developer understands that all such preliminary construction activities are at his /her own risk. b. The zoning designation allows the use. C. The proposed vegetation removal complies with LDC section 3.05.05-.-0, if applicable. Page 57 of 234 Words s*m,ah are deleted, words underlined are added 19A 2. Limitations on construction activity. a. The ECA permit allows approved construction to commence up to the first building code inspection. Construction may continue following phased or complete building permit approval by the Collier County Building Department and Office of the Fire Code Official. All construction is subject to the time limitations identified in 6eGtien 106.4.1 ReFmit intent, of the Florida Building Code. Permit intent, section 105.4.1. b. If the site development plan, improvement plan or amendment is denied by the County, then the developer shall remove any improvements permitted by the ECA's conditional building permit within thirty -(30) days of the denial. Failure to remove the improvements within thiFty (30) days will result in the forfeiture of the 8bond or surety provided for in 10.01.02.C.1.g. SUBSECTION 3.JJ. AMENDMENTS TO 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS Section 10.02.02 Submittal Requirements for All Applications, Including Public Hearings, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Infrastructure Standards and County Inspections AppliGations Z' The text of 10.02.02 A has been entirely relocated to 3.08.00 A. Page 58 of 234 Words st uck threngh are deleted, words underlined are added ._ - - -- - - Plir pi - MMMMMUMTky Z' The text of 10.02.02 A has been entirely relocated to 3.08.00 A. Page 58 of 234 Words st uck threngh are deleted, words underlined are added am Page 59 of 234 Words stFuck through are deleted, words underlined are added . -.- .,, NTIVITA, ■ ■ Aw .. .. Page 59 of 234 Words stFuck through are deleted, words underlined are added .. .. Page 59 of 234 Words stFuck through are deleted, words underlined are added MUM-17-IM .. ._ . 1 .011 lip .. ._ k. ■- - MUM-17-IM . --- LMLLLh3111'!!JL16L 1.0.111-10414100-14i. M- k. ■- - Ttd■1 ■st�tr.�r� ■■ ■ ■ Page 60 of 234 Words stmok thfough are deleted, words underlined are added ol --- LMLLLh3111'!!JL16L ... Page 60 of 234 Words stmok thfough are deleted, words underlined are added 9A w Page 61 of 234 Words stmek thfoug n are deleted, words underlined are added NO ... ._.. IT .. ..... . . ._ . . ._ ... gap SION Page 61 of 234 Words stmek thfoug n are deleted, words underlined are added NO ... ._.. ._ ... gap Page 61 of 234 Words stmek thfoug n are deleted, words underlined are added 9A M Page 62 of 234 Words ek thfough are deleted, words underlined are added ON _ _.__ _ - M- '- m---- _ _ . 231M M. ON _ _ _ _ _ .. !WIMP _ _ _ . LIM Mr. T2I.r- Page 62 of 234 Words ek thfough are deleted, words underlined are added 9A Page 63 of 234 Words stmek throug="= are deleted, words underlined are added .. __ _ . _ _ . ... NONNI 11 Mr RTH. .1111117M Page 63 of 234 Words stmek throug="= are deleted, words underlined are added 28 The text of 10.02.02 B.10 has been relocated to 4.03.03 G. Page 64 of 234 Words stmek thfoug are deleted, words underlined are added pp • -101 N . -JEU OT I TEEN, . . FAN 0 1 - - • - „ - -. ., -A .. .... - - - - - • - - - 28 The text of 10.02.02 B.10 has been relocated to 4.03.03 G. Page 64 of 234 Words stmek thfoug are deleted, words underlined are added • -101 N . -JEU OT I TEEN, . . FAN 0 1 - - • - „ - -. ., -A .. .... NIF - - - - - Zm - .......... ......... 28 The text of 10.02.02 B.10 has been relocated to 4.03.03 G. Page 64 of 234 Words stmek thfoug are deleted, words underlined are added • -101 N . -JEU OT I TEEN, . . FAN 0 1 - - • - „ - -. ., -A .. .... 28 The text of 10.02.02 B.10 has been relocated to 4.03.03 G. Page 64 of 234 Words stmek thfoug are deleted, words underlined are added 9A b. Building f9F Building will not be peFmits issi Berl until the final nln+ FuFal subdivisions. icy re Ge Fded+ peFmffits evenu +e release holding Gallier Whinh shall he evenu+ed shall Rd waiver agFeemen+ ■ - - - - - - - re - - been obtam—.I-.r DGAi and selely the responsibility of the appImGafA-. r - Mm N!TOWST-^]N - TA folie Y'tumbeim, phySiGal GGndithen of that i between the and i gFantoF use of the a A 14 terAen+ nonfirminn and grantee ne +h e+ way implies that 'he mein+enenne the use is and upkeep r of s unh . non be the respensihility of the me. of aGGe 6 shall perpetual Ts� -r-Ts intent to arrange feF, have -M. -Rtatement of app'*GaRt'6 ` nintprApnt nf rpIppAL= holding Gallier - • 'arsknewledgmeRt that the depaFtment ■ - - - - - - - re - - been obtam—.I-.r DGAi and selely the responsibility of the appImGafA-. - Mm N!TOWST-^]N - TA A the intent to arrange feF, have -M. -Rtatement of app'*GaRt'6 ` nintprApnt nf rpIppAL= holding Gallier - • 'arsknewledgmeRt that the depaFtment R. ■ • may Feview Also, anGe of any development statement of undeFstandiRg - ef - GFdeF by—Gal the ■ • Feview - - re - - - - been obtam—.I-.r DGAi and selely the responsibility of the appImGafA-. 29 The text of 10.02.02 B.11 has been relocated to 4.03.03 H. Page 65 of 234 Words str sk dwexg are deleted, words underlined are added 9A Page 66 of 234 Words s.,.,,,a throug are deleted, words underlined are added SMIM. MEN= MI . . _ -101 A _ .. • \ . . - . • ._ ., _ _ _ . Nzm . Page 66 of 234 Words s.,.,,,a throug are deleted, words underlined are added SMIM. MEN= MI ._ _ . Page 66 of 234 Words s.,.,,,a throug are deleted, words underlined are added 9A 30 The text of 10.02.02 B.1 l.d. has been relocated to 4.03.03 I. 31 The text of 10.02.02 B.12 has been relocated to 4.03.04 B.4. 32 The text of 10.02.02 C has been relocated to 6.01.05 A. Page 67 of 234 Words strusli dwough are deleted, words underlined are added NO _ ._ _ _ _ MIII ._ _ _ _ _ _ _ pil Q, ._ . _ _ .. .. _ .. Y. 11101. .. 30 The text of 10.02.02 B.1 l.d. has been relocated to 4.03.03 I. 31 The text of 10.02.02 B.12 has been relocated to 4.03.04 B.4. 32 The text of 10.02.02 C has been relocated to 6.01.05 A. Page 67 of 234 Words strusli dwough are deleted, words underlined are added 9 A MW T- .. „ F. ._ An .. „ .. WiWO :1-10011 r:n " Language stricken in 10.02.02 F is being relocated to 1.06.01 D and to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 68 of 234 Words stpaek thfeugh are deleted, words underlined are added 9 A No Wee- -.1 Im, . . Mr Z-j .qj All pill ij�jjIIjj!jq OF W - NNW id Offir-wSr.. toe . . ........ . . .qj All OF W Page 69 of 234 Words struck th fou_r ..o are deleted, words underlined are added C 9A .......... .. Al.. vl- Al.. vl- NZ-Om"O�m. I Page 70 of 234 Words s,,..,^v are deleted, words underlined are added 9 A A. Road Construction. 34 1. Materials. Streets shall include a stabilized subgrade, base and wearing surface in accordance with standards designated by the County Manager or designee and as shown in the applicant's approved typical sections. 2. Utility Installation. After the clearing, grubbing, and grading has been completed within 6 inches of final subgrade of the roadway for a street, all underground work for the water mains, sanitary sewers, storm sewers, gas mains, telephone, electrical power conduits and appurtenances, and any other utility shall be installed across the width of the street to the sidewalk area, or provisions shall be made so that the roadway or riaht -of -way will not be disturbed by future utility installations. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. 3. _ Utility casings. All casings to be installed within the roadway section of a project must be located at a depth at least 6 inches below the bottom elevation of the roadway stabilized based course. All casings providing water service must extend to the intersection of the right -of -way line and the lot line. Unless approved by the County Manager or designee pursuant to the Collier County Utilities Standards and Procedures Ordinance 2004 -31, as amended, all casings required for the complete service of underground utilities to the subdivision must be installed during the construction phase of the project. Any casing which must be placed after completion of the roadway stabilization and paving shall have its method of installation approved by the County Manager or designee. 4. Subgrade and shoulders. All subgrade and shoulders shall be stabilized to a depth of 12 inches and to the full width as shown on the applicant's approved typical section drawing. The stabilized area must be free of muck, roots, and other objectionable material. The subgrade and shoulders must be stabilized and compacted to obtain the minimum limerock bearing ratio (LBR) of 40 LBR and at least 98 percent of maximum density as determined by AASHTO T180. If the bearing value of the natural soil is less than that specified, the subgrade and shoulders must be stabilized in accordance with section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridae Construction, as amended. The construction of the subgrade and shoulders must .generally conform to section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended. 5. Base. The base shall be compacted limerock constructed to the thickness specified in the applicant's approved typical section drawinq for the class and type of road to be constructed, and shall be built to the specified width and centered on the subgrade. Limerock used for the base must meet the standard specifications for grade no. 2 limerock and must be compacted to obtain at least 98 percent maximum density as determined by AASHTO T180. Construction and materials of the base must conform to sections 200 and 911 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction as amended. Alternate base courses that meet MOT 34 Language being added in subsections 10.02.02 A -C derives from the former Code of Laws section 2 -12, Exhibit A, subsections C. 13.k — m, t, and C.14 -15. Page 71 of 234 Words stmek 4wougl} are deleted, words underlined are added 9 A specifications may be considered and approved by the County Manager or designee. 6. Prime. The base must be primed with type RC -70 bituminous material of SS -1 (asphalt emulsion) and shall comply with section 300 of the Standard Florida Department of Transportation Specifications for Road and Bridge Construction, as amended. 7. Surface course. The surface course thickness and width shall be as specified in the applicant's approved typical section drawings. The processing of the mixture and construction of the surface course must comply with sections 320, 330, and 334 of the Standard Florida Department of Transportation Specifications for Road and Bridge Construction, as amended. 8. Pavement striping. All work shall be in accordance with section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended. 9. Grass. All areas within the right -of -way not receiving the surface course must receive seed fertilizer, and mulch in accordance with sections 570 981 982 and 983 of the Standard Florida Department of Transportation Specifications for Road and Bridge Construction, as amended. Where sod is specified by the County Manager or designee for erosion control, it shall be installed prior to Preliminary acceptance of the roadway. 10. Construction in muck or clay areas. The design of streets proposed in excessive muck areas shall be considered on an individual basis and may, where so directed by the County Manager or designee, require the use of under drains. Alternate methods of construction may be considered by the County Manager or designee based on a design study, containing soil testing data, and recommendations prepared by a geotechnical engineer licensed to practice in the State of Florida and supported by the applicant's professional engineer. 11. Alternative types of pavement, base, and subgrade. Alternate types of pavement, base, and subgrade determined by the County Manager or designee to be equivalent to those specified in this section may be approved. Application for such approval must be accompanied by written data, calculations, and analysis which show, by generally accepted engineering principles, that the alternate types are equal or superior to those specified. B. Road Maintenance. The applicant shall be responsible for maintenance of the roads for the period between preliminary and final acceptance. This includes workmanship, materials, and all repairs and maintenance. C. Pavement Samples, Testing, and Inspections by the County Manager or designee. 1. Pavement samples. The developer shall provide core samples of both the base course and surface course of the completed public and private roadways prior to preliminary approval. The core samples shall be taken at a maximum of 300 linear feet intervals and arrangements shall be made to immediately replace the removed core materials to conform to the specifications to the line and grade of the immediate surroundings' pavement surface. The core samples shall be taken Page 72 of 234 Words stmsk thfoug are deleted, words underlined are added 9 A �+ by an approved testing laboratory and /or professional engineer and certified as to location and thickness measured. a. A tolerance of one - quarter inch for pavement surface and one -half inch for base course may be accepted. Any deviations more than these tolerances shall result in withholding preliminary acceptance until such time that the pavement is brought up to county standards. 2. Testing. The applicant must have the subgrade and shoulders tested for compaction and limerock bearing ratio (LBR) at intervals set forth in Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, or as directed by the County Manager or designee. The subgrade and base, as specified in LDC section 10.02.02 AA.and A.5, shall be tested for compaction by a certified engineering testing laboratory. Prior to acceptance by the county, a copy of the test results along with a statement of compliance issued by the testing laboratory, must be furnished to the County Manager or designee. 3. Inspection by the County Manager or designee. During construction, a field inspection shall be made by the County Manager or designee. It is the applicant's responsibility to provide written notice to the County Manager or designee when construction is ready for inspection. SUBSECTION 3.KK. AMENDMENTS TO 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 S i1talRequirements for Site Development, Site Improvement Plans and Amendments thereof A. Generally. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts on those resources. thereen. Page 73 of 234 Words stt-uslc Offeugh are deleted, words underlined are added 9 A 2. Applicability. All development, except as identified in LDC section 10.02.03 A.3, otherwise provided herein is subject to the provisions of this section. The . . 9RG of this seGtiGR shall Rot apply to the following land use arativities and represents the sole evnentions therefrom* a. No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan, site improvement plan, amendment thereof, or pursuant to an approved Early Construction Authorization permit. b. No final local development order shall be issued or renewed for any regulated development that would allow development or change in use in violation of the LDC. C. All final local development orders issued in violation of the LDC are deemed invalid, and shall not confirm or vest any development right or Property interest on the owner /operator or regulated development. d. Violation of the terms identified in the approved site development plan, site improvement plan, and amendments thereof shall constitute a violation of the LDC. 3. Exemptions from Site Development Plans and Site Improvement Plans. While the following land use activities shall be exempt from the provisions of LDC section 10.02.03, they are not exempt from other provisions of the LDC such as, but not limited to, landscaping, tree removal, development standards, and the submission requirements attendant to obtaining temporary use and building permits, unless otherwise stated in subsection 10.02.03 A.3. a. Single- family detached and two - family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). b. Townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of LDC subsection 10.02.04..B.2_a.4- C. Underground construction; utilities, communications and similar underground construction type activities. d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump- houses where an p+nary early work authorization has been entered into with the county except where a 649 land alteration permit is required by the LDCthis -Cede. e. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, eXGept ar, ethePNi6e pFevided by pursuant to LDC subsection 5.04.03_ i- =Model homes and sales centers, except as otherwise provided by LDC section 5.04.04_ Project entryway signs, walls, and gates and . Page 74 of 234 Words stmeav thfoug are deleted, words underlined are added g. Signage proposed for the project in conformity with LDC section 5.06.00, sign regulations and standards. the GellieF GOURty Sign Gede, fop the site development OF site ptan. Neighborhood parks, subject to the approval of a conceptual site plan depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. 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. .. IM -01010 11010 34. Agricultural Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standards contained in section 10.02.03 B.A 4., standard application requirements as described in section 10.02.03 AD., may be waived in part or in full by the County Manager or his designee for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 10.02.03 BE. addressing the application requirements deemed necessary by the County Manager or his designee shall be submitted to the ffPlanning and Zoning dDepartment for review and approval. 5. School Board Review Exemption. a. School board review ( "SBR') application contents. The SBR application submittal will be in accordance with section 10.02.03 of the Code, but will be accorded an expedited process as outlined in the Manual for County Page 75 of 234 Words stmek gh are deleted, words underlined are added 9A Consistency and Site Plan Reviews of educational facilities and ancillary plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. B. 4. Standards for Site Ddevelopment and Ssite Improvement Pplans sus. The County Manager or hi; designee shall review and consider all site development plans and site improvement and site development plans in accordance with the following standards: 1. Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space, common facilities, conservation /preservation areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county. 2. b. -Development compliance with all appropriate zoning regulations and the growth management plan. The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fire or catastrophe, or other emergency. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of access or location of access points in a PUD ordinance, does not authorize or vest access to the major road system. The location, design, capacity, or routing of traffic for any specific access point will be determined by, and must comply with, the regulations for site development in effect at the time of site development plan approval. 3. G. The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed development, considering vehicular and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, screening and landscaping. 4. Adequacy of recreational facilities and open spaces considering the size, location, and development of these areas with regard to adequacy, effect on adjacent and nearby properties as well as uses within the proposed development, and the relationship to community -wide open spaces and recreation facilities. 5. Adequacy of the proposed landscape screens and buffers considering preservation of the development's internal land uses as well as compatibility with adjacent land uses. 6. f- -Water management master plan on the property, considering its effect on adjacent and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans. Water management areas not maintained shall be corrected according to Page 76 of 234 Words stmek through are deleted, words underlined are added 9A approved plans within 30 days. The engineer of record, prior to final acceptance, shall provide documentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater systems functions and indicating responsibility for maintenance of the system. 7. g- Adequacy of utility service, considering hook -in location and availability and capacity for the uses projected. 8. h. Signage proposed for the project in conformity with LDC section 5.06.00, and a unified sign permit shall be applied for with the submittal packet for the site development or site improvement plan. 9. i. Architectural design of the building for all commercial developments located in any commercial zoning district. 10. Outdoor serving areas shall be explicitly detailed on the site plan, showing layout of chairs, tables, benches, bars and other serving area features as may be requested. The plan shall clearly indicate that the location is unenclosed and provide information on hours of operation, whether or not live performance music /amplified sound will be provided as entertainment and the approximate distances of all adjacent residential zoning districts or residential uses within 2500 feet of the location. a. . —The County Manager or designee may require additional landscape buffering beyond LDC Code requirements, the relocation of the outdoor serving area to another part of the development, the installation of sound attenuation devices, limitations to hours of operation and further restrictions on outdoor entertainment and amplified sound which, in their professional judgment, will help to mitigate the impacts of the outdoor serving area on adjacent residential zoning districts and /or residential uses. b. JR Within 30 days from an applicant's first designation of the use in a site development plan, it shall be within the discretion of the County Manager or designee to deny approval of such site development plan if, in the professional judgment of the County Manager or designee, such use is believed to be not compatible with or has the potential to cause a deleterious effect upon an adjacent residential use. C. Jim. Notice of such denial shall be promptly mailed to the applicant for the site development plan. The Aapplicant and staff will meet at their earliest convenience to discuss and attempt to resolve the compatibility issues, which can include, but is not limited to, moving the questioned use to another location within the development. d. 0 V. Should the parties be unable to reach a solution, the matter will be promptly referred to the Collier County Planning Commission. At a publicly noticed hearing, the Planning Commission will review the proposed use and make a finding as to: (1) whether the proposed use was intended for this site, and (2) whether such use can be made compatible with the adjacent residential zoning districts and /or uses through the imposition of certain conditions or restrictions, including but not limited to locating the use to another location within the development, Page 77 of 234 Words stmek thfougl} are deleted, words underlined are added ,9A j, A additional buffering, sound attenuation devices, limitations on hours of operation, requirement of a vestibule, walls, and relocation of dumpsters. e. Y. Should either the County or the applicant be unwilling to abide with the findings and recommendations of the Planning Commission, the matter will then be forwarded to the Board of County Commissioners for a public hearing, to be conducted in the same manner as LDC Section 10.08.00, except that for notice purposes 10 days prior notice by publication will be sufficient. 11. k-.—Such other standards as may be imposed by the LDC this Code, the growth management plan or other applicable regulations for the particular use or activity proposed. C. 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, the Pplanning and Zoning sePAGes dDepartment 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 LDCGede and may be approved subject to further review, changes and modifications. GD. Site Development Plan Requirements (SDP). and - requiF s. A pre - application meeting shall be conducted by the County Manager or his/he F designee; prior to the submission of any site development Ip an OF site for review. This meeting may be waived by the County Manager or designee upon the request of the applicant. 35 Language stricken in former subsection 10.02.03 B.1 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 78 of 234 Words stmek dwougk are deleted, words underlined are added ANN M. - - - - - -- INVA ■ -r. 35 Language stricken in former subsection 10.02.03 B.1 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 78 of 234 Words stmek dwougk are deleted, words underlined are added 9A A M r m m e 2--- IMIM WMM ON Ir -12 .__ Mr. SMT _ .... Page 79 of 234 Words struck duetigk are deleted, words underlined are added �9A �. irrcc-c�-rccacaTrrcrrm that needed fire flow Fnay he de+ermine/d ................,.... 60 that the available fiFe flow may be deteffnined, follows unle66 waived at the pFe-appkatien meeting� allprronnpeFty easements, by aR above ORfeanatiOR lines Fights-ef-way, 1 existing and on the 6UFvey. stFeets areas OF -MadsT dediGate development, LeGatieR and i the IeGatiGR of of all tFaff*G Galmsq all development and GonfiquFatien leading areas-. tenniS r features as bedues, pFe6eFvationiGenseFvation wetlands. i and fire lane Page 80 of 234 Words s.,.. ek thfough= are deleted, words underlined are added 1 9 A ; mc. MIN _ .._ PIPPIN- NNW- Page 81 of 234 Words stmek thfough are deleted, words underlined are added .__ __ _ .... ... Page 81 of 234 Words stmek thfough are deleted, words underlined are added 9 A •M ..... .. M I -I .... . ..... ..... . W NOW- .. _ _ I . _ _ ■ .. .. _ _ _ _ _ __ @W AMEM Page 82 of 234 Words stmek thfoug n are deleted, words underlined are added 9A oM Page 83 of 234 Words Ong# are deleted, words underlined are added NWIMMMWE Offf" .11r- _ _ _ Page 83 of 234 Words Ong# are deleted, words underlined are added 38 To P n4JE or Ct/r=m& IA 1 w � - 11� Fn' no TX�S t7o ors Illustration 1 Cures�nrs J L mnaln J rr F L II t7e rNrs Mustnti- 2 GFess walks shall he FequeFed at any int tinn wh d*stanGe to the r;eaFeSt GFesswalk is gFeateF than 1,000 feet. 36 Illustrations I & 2 have been relocated to 6.06.02 A.7. Page 84 of 234 Words stm ek t are deleted, words underlined are added 0 I 9 A 4., Page 85 of 234 Words stmek through are deleted, words underlined are added M I .__ Opp. _ . km. .. _ no NO .M _ CO, ROR Page 85 of 234 Words stmek through are deleted, words underlined are added 9A 1. Application. The Administrative Code shall establish the process and submittal requirements for a site development plan. A site development plan application shall include but not be limited to, the following information in order to illustrate compliance with LDC standards and other State, Federal, and local agency requirements. a. Zoning designation of the subject and adjacent properties. b. Site plan with existing and proposed buildings and structures, including dimensions heights, setbacks, and separations. Parking, open space, preserves and other applicable land uses shall be identified on the site plan. C. Architectural plans. d. Environmental Data, as applicable. e. Landscape plans. f. Streetlight plans. q. Transportation system, sidewalks, and pathways, including all ADA information. h. Stormwater management plan including all technical specifications and design computations. i. Utility information, including existing and proposed facilities. j. Trash and recycling information. k. Building plans. I. Information from the Fire Code, including Fire Hydrant Flow test report, if applicable. Page 86 of 234 Words stfuc'�fough are deleted, words underlined are added _ M =r. _ I-e . ___ development that may be submifted-. Ii if 11=6WIP-41 Nil* 1. Application. The Administrative Code shall establish the process and submittal requirements for a site development plan. A site development plan application shall include but not be limited to, the following information in order to illustrate compliance with LDC standards and other State, Federal, and local agency requirements. a. Zoning designation of the subject and adjacent properties. b. Site plan with existing and proposed buildings and structures, including dimensions heights, setbacks, and separations. Parking, open space, preserves and other applicable land uses shall be identified on the site plan. C. Architectural plans. d. Environmental Data, as applicable. e. Landscape plans. f. Streetlight plans. q. Transportation system, sidewalks, and pathways, including all ADA information. h. Stormwater management plan including all technical specifications and design computations. i. Utility information, including existing and proposed facilities. j. Trash and recycling information. k. Building plans. I. Information from the Fire Code, including Fire Hydrant Flow test report, if applicable. Page 86 of 234 Words stfuc'�fough are deleted, words underlined are added ►9A M. Information from the Standard Building Code, including type of construction number of stories total square footage under roof, occupancy /use and fire sprinkler intentions of all proposed structures so that a fire flow may be determined. n Site construction plans including all technical specifications and design computations. r Any additional relevant information as may be required by the County Manager or designee. 2. Proiects subiect to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida. 3 The engineering plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. 4 The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida. 5 Construction and Completion of Site Development Plan Improvements. a. Pre - construction meetinq. A pre- construction meeting shall be held prior to construction All necessary permits and necessary applications requiring county approval and other permitting and construction related items including but not limited to the items noted below, shall be submitted prior to the pre- construction conference. If approved by the County Manager or designee an applicant may submit Federal, State and local agency permits at the pre- construction meeting: Florida Department of Environmental Protection water and sewer facilities construction permit application. ii. Excavation permit application. iii. A Notice of Intent (NOI) to issue either a Florida Department of Transportation and /or a Collier County right -of -way permit. iv. Blasting permit prior to commencement of any blasting operation. V. South Florida Water Management District permit, if required, or, Collier County general permit for water management prior to site development plan approval. vi Interim wastewater and /or water treatment plant construction or interim septic system and /or private well permits prior to building permit approval. vii 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. Page 87 of 234 Words stmek thfoug are deleted, words underlined are added ► 9 A viii. All other pertinent data, computations, plans, reports, and the like necessary for the proper design and construction of the development that may be submitted. ix. All necessary performance securities required by Collier County ordinances in effect at the time of construction. X. The following permits, if applicable require final approval and issuance prior to the County pre- construction meeting: (a) Florida Department of Transportation right -of -way Construction Permit. (b) Collier County right -of -way permit. b. Performance securities for site development plans. In the case of multi- family the developments with individually owned units which are served by subdivision type improvements, i.e. driveways which function as access roads and drainage improvements, the developer shall be required to post a performance security in a form as outlined in LDC section 10.02.04 F. Calculations for the amount of the security shall be determined as outlined in LDC section 10.02.04 F. The performance security shall be accepted by the county prior to the issuance of the first certificate of occupancy for the site development plan. Upon a satisfactory final inspection of the improvements, which shall be no later than 24 months from approval of the site development plan, the performance security shall be returned to the developer. One year extensions may be granted by the Engineering Services Director. C. Completion of site development plans. Upon completion of the infrastructure improvements associated with a site development plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. E. Site Improvement Plan Requirements (SIP). 2-1. Criteria for Ssite improvement plan review. Submittal ef a A site improvement plan may be reviewed presess if the development proposal meets all of the following criteria: liens: 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 fa} degree which would require an engineering review or otherwise affect on -site surface water management facilities as may be documented by waiver letters from the South Florida Water Management District or Collier County where applicable. Page 88 of 234 Words stmek through are deleted, words underlined are added ► 9 A C. Written documentation from appropriate agencies acknowledging that water and sewer services are available at the site and are adequate to serve the proposed use. d. Public utility ancillary systems in Collier County will be permitted as insubstantial changes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant, wastewater treatment plant or other facility to which the public utility ancillary systems are subordinate, provided that the requirements of Section 5.05.12 are met. More than one (1) ancillary use may be permitted with one (1) application provided that all uses are connected by the same pipeline. The insubstantial change submittal shall include a signed and sealed boundary survey of the property or lease parcel; a copy of recorded deed or lease agreement; a recent aerial photograph of the project area; a master plan showing all public utility ancillary systems subordinate to the main water treatment plant, wastewater treatment facility, or irrigation quality (IQ) system; and a site plan prepared on a twenty -four inch by thirty -six inch sheet drawn to scale and setting forth the following information: i. The project title, utility owner, address and telephone number. ii. Legal description, scale, and north arrow. iii. Zoning designation of the subject site(s) and adjacent sites and the proposed use of the subject site. iv. Location, configuration and dimensions of all building and lot improvements. V. Location and dimension of access point(s) to the site. vi. Location of existing and proposed landscaping with specifications as to size, quantity and type of vegetation. vii. All required and provided setbacks and separations between structures in matrix form. viii. Any additional relevant information as may be required by the County Manager or Isis designee. 2 Application for site improvement plans. A pre - application meeting shall be conducted by the County Manager or designee, prior to the submission of any site improvement plan for review. This meeting may be waived by the Countv Manager or designee upon the request of the applicant. a. The Administrative Code shall establish the process and submittal requirements for site improvement plans. b. Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida. C. The engineering plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. d. The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida. Page 89 of 234 Words stnaek through are deleted, words underlined are added i 9A 3. f-.—Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance of a certificate of occupancy, the applicant's engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in LDC section 10.02.05 B.2. . Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. F. Reserved. [see companion amending ordinance no. 2013 -58 for text] G. 3-- Amendments and insubstantial changes. Any proposed change or amendment to a previously approved site development plan shall be subject to review and approval by the County Manager or his designee. Upon submittal of a plan clearly illustrating the proposed change, the County Manager or 14is designee shall determine whether or not it constitutes a substantial change. In the event the County Manager or 14is designee Page 90 of 234 Words stru,.' thfoug H are deleted, words underlined are added MTM r. aw- FEW .. NNW 3. f-.—Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance of a certificate of occupancy, the applicant's engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in LDC section 10.02.05 B.2. . Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. F. Reserved. [see companion amending ordinance no. 2013 -58 for text] G. 3-- Amendments and insubstantial changes. Any proposed change or amendment to a previously approved site development plan shall be subject to review and approval by the County Manager or his designee. Upon submittal of a plan clearly illustrating the proposed change, the County Manager or 14is designee shall determine whether or not it constitutes a substantial change. In the event the County Manager or 14is designee Page 90 of 234 Words stru,.' thfoug H are deleted, words underlined are added ( 9 A determines the change is substantial, the applicant shall be required to follow the review procedures set forth for a new site development plan. 1. Site development plan amendments (SDPA). A substantial change, requiring a site development plan amendment, shall be defined as any change which substantially affects existing transportation circulation, parking or building arrangements, drainage, landscaping, buffering, identified preservation /conservation areas and other site development plan considerations. 2. Site development plan insubstantial changes (SDPI). The County Manager or #+s designee shall evaluate the proposed change in relation to the following criteria; for purposes of this section, the insubstantial change procedure shall be acceptable where the following conditions exist with respect to the proposed change: a. There is no South Florida Water Management District permit, or letter of modification, needed for the work and there is no major impact on water management as determined by the Engineering Services Director c rninccri ran doge tO 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 tFanspeFtatieR planning direGtO . C. There is no addition to existing buildings (air- conditioned space) proposed, however a maximum area of 300 square feet of non -air- conditioned space used for storage, or to house equipment, will be permitted. d. There is no proposed change in building footprint or relocation of any building on site beyond that needed to accommodate storage areas as described in LDC section 10.02.03 G.2.c,tber3 above. e. The change does not result in an impact on, or reconfiguration of, preserve areas as determined by the Natural Resource Director The change does not result in a need for additional environmental data regarding protected species as determined by the Natural Resources Director . g. The change does not include the addition of any accessory structure that generates additional traffic as determined by the Transportation Planning Director , impacts water management as determined by the Engineering Services Director ennireer. 9 d'reGtOF or contains air - conditioned space. h. The change does not trigger the requirements of LDC section 5.05.08 as determined by the County Manager or #i-s designee. Page 91 of 234 Words stmek through are deleted, words underlined are added 9A s There are no revisions to the existing landscape plan that would alter or impact the site development plan (as opposed to only the landscape plan) as determined by the landscape architect. H. 4. Time limits for review, approval, and construction of site development plans, site improvement plans, and amendments thereof. tome IiMitS fGF review, appreval, apd 1_a. Site development plans1 ents thereof, will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for the site development plan, site improvement plan, and amendments thereof Fevie will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current LDCsede. 2. b-- Approved site development plans site improvements plans, and amendments thereof- kSDPs) shall remain in force for thFee from the date of approval, as determined by the date of the SDR approval letter. If construction has not commenced within 3 years, the site development plan approval term will expire and the SDR approval of the site development plan, site improvement plan, and amendments thereof is of no force or effect. An amendment to the SDP may be applied for and may be granted prior to the original expiration date, so long as the proposed amendment complies with the LDC requirements in force at the time of the SDP amendment submittal. The SDP amendment shall FeFnaen SDP amendment appFeval le Two_year extensions for the approved site development plan, site improvement plan, and amendments thereof SDP of the appFeved SDR meat may be granted. A maximum of twe423- extensions may be granted before an SDR amendment is required. 3. s —Once construction has commenced, the approval term shall be determined as follows. The construction of infrastructure improvements approved under aA site development plan, site improvement plan, or amendments thereof n,,�,n shall be completed, and the project engineer's completion certificate provided to the Engineering and E— nyire- nmental Services Director, within 30 months of the pre- construction conference, which will be considered the date of commencement of construction. Two_year extensions to complete construction may be granted. A maximum of two extensions may be granted before an amendment is required and the extension is reviewed for LDC compliance. Each request should provide written justification for the extension and shall be submitted to, and approved by the County Manager or designee prior to expiration of the then effective approval term. Thereafter, once the site development plan, site improvement plan, or amendments thereof ^^ ° �e t approval term expires the site development plan, site improvement plan, or amendments thereof -SDP is of no force or effect. .dentefeed in the appFeved 6ite development plan shall Ganstitute a violation of t Code. Page 92 of 234 Words stmek dwoug are deleted, words underlined are added 1 9 A 1.6. Electronic data requirements for site development plans, site improvement plans, and amendments thereof. After the final site development plan has been approved by the County Manager or Ws. designee for compliance with the LDC, #his -Bede as provided in this section, the applicant's professional engineer shall also submit digitally created construction /site plan documents, 1 disk (CDROM) of the master plan file, including, where applicable, easements, water /wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions —Lottxt layer. SUBSECTION 3.LL. AMENDMENTS TO 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Preliminary and Final Subdivision Plats •- - - - .. - - . . - ... _ Page 93 of 234 Words stmek though are deleted, words underlined are added 19A Page 94 of 234 Words s«,. e g are deleted, words underlined are added .. . _ _ _ _ Rim VI _ AMW M. - r- Tani Vi _ _ NO _ _ _ _ Page 94 of 234 Words s«,. e g are deleted, words underlined are added 9A 1 Page 95 of 234 Words stmek thfough are deleted, words underlined are added IMI __ _ T i �04 TN L _ __ _ _ .. ._ _ _ Page 95 of 234 Words stmek thfough are deleted, words underlined are added 9A'►"M Page 96 of 234 Words stmok dwough are deleted, words underlined are added MY _ _ ". _ __ ft- _ _ . _ _ cm "Mm'JIIIIIIII ITM IT. TTT. . _ M.WMIONS MON, _ __ _ _ _ __ _ _ _ Page 96 of 234 Words stmok dwough are deleted, words underlined are added l-9A •, Page 97 of 234 Words struok throug are deleted, words underlined are added ..... _ _ . MOR _ ..... "MOM MON . _ IMI _ Page 97 of 234 Words struok throug are deleted, words underlined are added Page 98 of 234 Words stmek gwoug " are deleted, words underlined are added .. .. �- - - - - - - .. M. - - mo .. . - . - - - - - OR .. .. WAM - Page 98 of 234 Words stmek gwoug " are deleted, words underlined are added �9A Page 99 of 234 Words stmek dwough are deleted, words underlined are added .... . . .- 1"EMPOPIPTA _11 I 1_0 . . - . . lop MOO, IMMON.Offilm- RVIRM IN W_ .... ... .. _ _ __ _. __ _ _ _.. _ mzm .. _ MN" Ir Tffff7- Page 99 of 234 Words stmek dwough are deleted, words underlined are added ►9A Page 100 of 234 Words stmek thfou sn are deleted, words underlined are added .._ _ _ _ _ .. _ _ _ ._ _ Page 100 of 234 Words stmek thfou sn are deleted, words underlined are added ►9A Page 101 of 234 Words s«..,.^v= are deleted, words underlined are added , .._ Lb r Tan. .. _ . . _ W.- MH WON M.M.1 Ulm_. . _ . _ _ _ _ .... . Page 101 of 234 Words s«..,.^v= are deleted, words underlined are added 19A '-'j Page 102 of 234 Words stud' thfough are deleted, words underlined are added ..... _ . . .. migF.101E. _ _ _ _ _ IN ■ MMIMAMIM mWO Page 102 of 234 Words stud' thfough are deleted, words underlined are added 9A Page 103 of 234 Words struck thfsegh are deleted, words underlined are added .. _ _ ygy Page 103 of 234 Words struck thfsegh are deleted, words underlined are added .. _ ygy EN WREN MR Page 103 of 234 Words struck thfsegh are deleted, words underlined are added ygy WREN MR ON NO N."Morm 10 313 r�."911WEffm= mour.r- mm CMI Id IMM Page 103 of 234 Words struck thfsegh are deleted, words underlined are added 1 9 A Page 104 of 234 Words stmeak fteug k are deleted, words underlined are added .�._ _ aw 1--d-IMANIONNi'll-M . WWI_ ......... _ . ... . ........ —.1 .. woo ........ MM M_: r-T7- . MWAAMWIWA Iwo I 4@049M 41M. ___ Page 104 of 234 Words stmeak fteug k are deleted, words underlined are added _ WWI_ _ MM M_: r-T7- . MWAAMWIWA _ ___ _ .. _ Page 104 of 234 Words stmeak fteug k are deleted, words underlined are added _ d. MM M_: r-T7- . MWAAMWIWA Page 104 of 234 Words stmeak fteug k are deleted, words underlined are added �9A Page 105 of 234 Words stfuck thfough are deleted, words underlined are added JIL FEE Ml ill MAIN M. MIN ArT ITM El" In- Mr. MIM ... .. IT- P.M. IMISIVIF :m T ' '__ howeveF stFeet6 shall be within p6ib!*G use; private peFFnitted pFopeFty Page 105 of 234 Words stfuck thfough are deleted, words underlined are added I 9A + Page 106 of 234 Words stmek dffeug n are deleted, words underlined are added M. 111FIRIMS FIRM MEMORI-M pIr x3l.r-mcTIMEMM"M .7- Mr-TIM."TTE". 11110 .. _ Page 106 of 234 Words stmek dffeug n are deleted, words underlined are added - - - . ANN A. .. - - p - "son - A. .. VAN AN MITOM a - - �- - - - Page 107 of 234 Words stmslc thfeug are deleted, words underlined are added � 9 A This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3, 4, and 6. A. Reauirements for Preliminary Subdivision Plats (PSP). A preliminary subdivision plat provides an overall scheme of development for a subdivision. It may be used when only one phase of a multi - phased development is to be constructed. Except for an integrated phased development, a preliminary subdivision plat is optional while a final subdivision plat is mandatory. 1. Generally. a. Approved zonina. No preliminary subdivision _plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision. However, the zoning application and the Preliminary subdivision plat may be processed concurrently by the County Manager or designee at the request of the applicant. b. No development shall be allowed prior to approval of the construction plans and final subdivision plat, except for the early work authorization (EWA) permit and early construction authorization (ECA) permit pursuant to pursuant to LDC section 10.02.00. C. Intearated phased developments. A preliminary subdivision plat application shall be submitted in accordance with this section for any integrated phased development. 2. Application for preliminary subdivision plats. a. The Administrative Code shall establish the process and submittal requirements for a preliminary subdivision plat. b. A preliminary subdivision plat shall include the entire property to be subdivided and recorded. C. The preliminary subdivision plat shall be prepared by the applicant's professional engineer and professional surveyor and mapper. d. The boundary survey for the preliminary subdivision plat shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. Page 108 of 234 Words stmek thfough are deleted, words underlined are added PAN ... ._ _ .. _ Vc This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3, 4, and 6. A. Reauirements for Preliminary Subdivision Plats (PSP). A preliminary subdivision plat provides an overall scheme of development for a subdivision. It may be used when only one phase of a multi - phased development is to be constructed. Except for an integrated phased development, a preliminary subdivision plat is optional while a final subdivision plat is mandatory. 1. Generally. a. Approved zonina. No preliminary subdivision _plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision. However, the zoning application and the Preliminary subdivision plat may be processed concurrently by the County Manager or designee at the request of the applicant. b. No development shall be allowed prior to approval of the construction plans and final subdivision plat, except for the early work authorization (EWA) permit and early construction authorization (ECA) permit pursuant to pursuant to LDC section 10.02.00. C. Intearated phased developments. A preliminary subdivision plat application shall be submitted in accordance with this section for any integrated phased development. 2. Application for preliminary subdivision plats. a. The Administrative Code shall establish the process and submittal requirements for a preliminary subdivision plat. b. A preliminary subdivision plat shall include the entire property to be subdivided and recorded. C. The preliminary subdivision plat shall be prepared by the applicant's professional engineer and professional surveyor and mapper. d. The boundary survey for the preliminary subdivision plat shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. Page 108 of 234 Words stmek thfough are deleted, words underlined are added 9A F' 3 Review by County Manager or designee County Manager or designee shall approve approve with conditions or deny the preliminary subdivision plat utilizing the standards established in LDC chapters 3 4, 6, and other provisions of the LDC. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the Board of County Commissioners pursuant to Code of Laws and Ordinances section 250 -58. If the County Manager or designee should deny the preliminary subdivision plat he shall state in writing reasons for such denial and shall cite the applicable code or regulatory basis for the conditions or denial. 4. Amendments. Any amendment to the approved preliminary subdivision plat submitted by the applicant shall be reviewed according to the standards established in LDC chapters 3 4, 6, and other provisions of the LDC. The County Manager or designee shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted sound, professional engineering principles and practices in the state. Amendments shall be made prior to the processing of the construction plans and final subdivision plat. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. 5. Conditions. The County Manager or designee has the authority to approve requests for substitutions to the design standards contained in the LDC provided those requests are based on generally accepted, sound and safe, professional engineering principles and practices. Requests for substitutions shall be made in writing and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitution requested. 6. Timing of development. Within 2 years after the date of written approval or approval with conditions of the preliminary subdivision plat, the applicant shall prepare and submit to the County Manager or designee the construction plans and final subdivision plat for at least the first phase of the proposed subdivision. Each subsequent phase of the preliminary subdivision plat shall be submitted within 2 years after the date of written approval of the immediately precedinq phase of the proposed subdivision. a. Extensions. Two, 2 -vear extensions to submit the construction plans and final subdivision plat shall be granted for good cause shown upon written application submitted to the County Manager or designee prior to expiration of the preceding approval. When granting an extension the County Manager or designee shall require the preliminary subdivision plat be modified to brinq the project into compliance with the LDC at the time of the extension request. 7. No vested rights. It is herebv expressly _ declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a preliminary subdivision plat and the County shall not be estopped to subsequently deny approval of the construction plans and final subdivision plat based on changes in federal, state, or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would Page 109 of 234 Words struck gh are deleted, words underlined are added 9A adversely affect the feasibility or desirability of the preliminary subdivision plat, nor shall the County be estopped to denv any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning. B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final subdivision plats are commonly referred to as "plans and plat." 1. Generally. Final subdivision plat approval by the Board of County Commissioners is required before a final subdivision plat can be recorded. a. No final subdivision plat shall be approved by the Board until the construction plans have been reviewed and accepted by the County Manager or designee, except for a minor final subdivision plat pursuant to LDC section 10.02.04 D. b. The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. C. The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant files a subdivision Performance security as identified in LDC section 10.02.04 F with the County. d. Where approval of construction plans an_ d final subdivision plats will lead to the level of service for any public facility being reduced below the level established by the growth management plan for Collier County, the County shall deny approval to proceed with development until the requirements of LDC section 10.02.07 have been met. 2. Application for Construction Plans and Final Subdivision Plats. a. The Administrative Code shall establish the process and the submittal requirements for construction plans and final subdivision plats. For projects incorporating townhouse development on fee simple lots, additional submittal requirements are required and identified in the Administrative Code. All requirements established in this section shall also apply to townhouse development on fee simple lots. b. Construction plans for all of the improvements required by this section shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. C. Final subdivision plats shall be siqned and sealed by a professional surveyor and mapper registered in the State of Florida. The final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177, as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion molar to a scale of not smaller than 1 inch equals 100 feet. d. The final subdivision plat shall conform to the approved preliminary subdivision plat and shall constitute only that portion of the approved Preliminary subdivision plat which the applicant proposes to construct. Page 110 of 234 Words stmok thfough are deleted, words underlined are added 9A e Improvements for construction plans and final subdivision plats are identified in the LDC section 10.02.04 C, and are required in conjunction with the subdivision and development of any and all property pursuant to LDC section 10.02.03 within the unincorporated areas of the County. All required improvements shall be designed and constructed in accordance with the design requirements and specifications of the entity having responsibility for approval, including all federal, state, and local agencies. Construction plans for final subdivision plats shall include at a minimum: i. Streets, sidewalks, paving, grading, and stormwater management (drainage); ii. Bridges and culverts; iii. Water and sewerage systems, including, where applicable, water reuse /irrigation pumping, storage and transmission /distribution systems; iv. Street lighting. Plans for streetlights shall bear the approval of the utility authorities involved. If the street lighting system is to be Privately owned and maintained by a property owners' association or similar entity, it shall be designed by the applicant's engineer; V. Landscaping within public riahts -of -way, parks, recreational areas; and vi. Parking areas. 3. County Manager review of construction plans and final subdivision plats. a. The Countv Manaaer or desianee shall review and _evaluate the construction plans and final subdivision plat in conformance with the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177. The County Manager or designee shall review and evaluate the construction plans and final subdivision plat in light of the requirements established in the LDC and Administrative Code. Based on the review and evaluation, the County Manager or designee shall approve, approve with conditions, or deny the construction plans and final subdivision plat. If the construction plans and final subdivision plat is denied, then the final subdivision plat shall not be submitted to the Board until the construction plans and final subdivision plat have been approved or approved with conditions by the County Manager or designee. The approval of the County Manager or designee is subject to Board approval, noted below. b. If the constructions plans and final subdivision plat are approved or approved with conditions by the County Manager or designee, the County Manager or designee shall recommend that the Board approve, approve with conditions, or deny the final subdivision plat. If the County Manager or designee denies or places conditions on the construction plans or recommends denial or conditions on the final subdivision plat, he shall Page 111 of 234 Words st-msk thfeugh are deleted, words underlined are added �9A state reasons and cite the applicable code or regulatory basis for the decision. C. Once the construction plans and final subdivision plats are submitted by the applicant for review by the County Manager or designee, they will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time the application for construction plans and final subdivision plat review will be considered withdrawn and cancelled. Further review of the project will require a new application and the appropriate fees paid by the applicant. d. Digital submission. After the final subdivision plat has been approved by the County Manager or designee for compliance with the LDC, as provided in this section, the applicant shall resubmit 5 certified sets of the approved construction plans along with approved copies of all required county permits. The applicant's professional engineer shall also submit a set of digitally created construction /site plan documents, 1 disk (CDROM) of the master plan file, including, where applicable, easements, water /wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format: information lavers shall have common naming conventions (i.e. right- of -wav —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that laver. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel laver. Annotations pertaining to property information shall be on a unique laver. Example: lot dimensions — Lottxt laver. 4. Board approval of the final subdivision plat. a. Following approval or approval with conditions by the Countv Manager or designee, the County Manager or designee shall place the final subdivision plat on the consent agenda for its next available regularly scheduled Board hearing. The Board shall consider approval of the final subdivision plat together with the approval of standard form, Construction Maintenance Agreement, and approval of the amount of performance security for the required improvements based on the estimate of probable cost. b. If all members of the Board consent to the recommendation of the County Manager or designee, then the recommendation of the County Manager or designee on the final subdivision plat shall remain on the consent agenda and the final subdivision plat shall be approved. If any member Page 112 of 234 Words st..,,,a dwoug are deleted, words underlined are added i 9A of the Board objects to the recommendation of the County Manager or designee or otherwise requests discussion on the recommendation, then the recommendation shall be taken off the consent agenda and may be discussed or scheduled for a subsequent hearing date. After due notice of the hearing to the applicant, the Board shall hold a hearing on the final subdivision plat. At the hearing, the Board shall consider the County Manager or designee's recommendation and shall take evidence and testimony in regard to the final subdivision plat requirements identified in LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC. The Board shall approve, approve with conditions, or deny the final subdivision plat. If the Board of denies or places conditions on the final subdivision plat, it shall state reasons for such denial or conditions. C. ADDroval of the final subdivision plat shall not constitute acceptance of public dedicated facilities. Acceptance of any such dedicated public facilities and responsibility for their maintenance shall be by separate resolution of the Board of County Commissioners. See LDC section 10.02.05 C.3. 5. Insubstantial changes and amendments to construction plans and final subdivision plats. a. Insubstantial Changes to Construction Plans OCP). Following approval by the County Manager or designee of the construction plans, the applicant may request insubstantial changes to the construction plans. i. Application. The Administrative Code shall establish the process and the submittal requirements for an insubstantial change to the construction plans. Construction plans shall be prepared pursuant to LDC section 10.02.04 B. b. Following approval by the Board of the final subdivision plat, but prior to recordation, the County Manager or designee may approve minor insubstantial changes to the final subdivision plat. Insubstantial changes are insignificant to the project, such as a correction or change on the cover sheet. C. Following approval by the Board of the final subdivision plat, but prior to recordation the Board may approve amendments to the final subdivision plat. This is commonly referred to as a TPLA." i. Application. The Administrative Code shall establish the process and the submittal requirements for the final subdivision plat amendment. The final subdivision plat shall be prepared pursuant to LDC section 10.02.04 B. 6. Relationship of Final Subdivision Plats to Site Development Plans. No site development plan may be accepted for concurrent review with a preliminary subdivision plat. Once the preliminary subdivision plat has been approved, site development plans may be submitted for review concurrent with the submittal of the final subdivision plat. No site development plan may be approved until the final subdivision plat receives administrative approval, and Page 113 of 234 Words stmek dwoug n are deleted, words underlined are added � 9A r�'I' no building permits may be issued until the final subdivision plat is recorded, unless otherwise provided for in the LDC. 7. Timing of recording and development. a. Recording. Within 18 months of the date of approval of the final subdivision plat by the Board, the applicant shall submit the final subdivision plat to the County Manager or designee for recording. b. Required improvements to be completed. The improvements required for the final subdivision plat shall be completed within 18 months from the date of approval by the Board unless a written extension request is approved by the County Manager or designee. C. Integrated phased development. Each subsequent phase of the project shall be submitted within 2 years following the date of written approval of the most recently approved final subdivision plat in accordance with LDC section 10.02.04 A.6. C Required Improvements The following improvements in this section are required in conjunction with the subdivision and development of any and all property pursuant to section 10.02.03 and 10.02.04 within the unincorporated areas of Collier County. 1. Elevation land filling excavation, and demolition requirements for all development, pursuant to LDC section 4.01.01. 2. Monuments and control points, pursuant to LDC section 4.03.07. 3. Streets and access improvements, pursuant to LDC section 4.03.08 A. All subdivision streets, access improvements and related facilities, whether public or private required to serve the proposed development shall be constructed by the applicant. 4. Water management system, pursuant to LDC section 4.03.08 B. 5. Fire hydrants, pursuant to LDC section 6.04.03. 6. Canals, pursuant to LDC section 6.05.01 E. 7. Bridges and culverts, pursuant to LDC section 6.06.01 M. The bridge or culvert design shall be prepared by a professional engineer. 8. Landscaping and buffers, pursuant to LDC section 6.06.01 0.1. 9. Plantings trees and grass for landscaping and buffers, pursuant to LDC section 6.06.01 0.2. 10. Pavement painting and striping, pursuant to LDC section 6.06.01 Q. 11. Traffic control devices, pursuant to LDC section 6.06.01 R. 12. Sidewalks, pursuant to LDC section 6.06.02. Page 114 of 234 Words stmek thfough are deleted, words underlined are added ► 9 A 13. Streetlights pursuant to LDC section 6.06.03. 14 Sanitary sewer systems pursuant to Collier County Utilities Standards and Procedures Ordinance 2004 -31, as amended. 15 Parks protected areas preservation areas conservation areas, recreational areas, and school sites. a. Parks. protected areas, preservation areas, conservation areas. Parks protected areas preservation areas and conservation areas shall be dedicated and /or conveyed in accordance with applicable mandatory dedication requirements and regulations of federal, state and local agencies. b. Recreational areas. Recreational areas shall be dedicated and /or conveyed in accordance with applicable mandatory dedication and /or conveyance requirements and regulations of federal, state and local agencies. C. School sites. School sites shall be dedicated and /or conveyed in accordance with applicable mandatory dedication and /or conveyance requirements and regulations of federal, state and local agencies. 16. Shoreline and waterwav alterations and additions. All requests for the construction of seawalls bulkheads shoreline and waterway alterations and additions shall be submitted to the County Manager or designee. After review by the County Manager or designee the proposed facility or alteration shall be approved approved with conditions or denied. The use of vertical seawalls as a method of protecting shorelines and lands adjacent to waterways shall be discouraged except for development lakes and applicants shall be encouraged to utilize alternate methods of accomplishing shoreline protection and waterway facilities installation. Whenever possible all proposed construction of seawalls, bulkheads shoreline and waterway alterations and additions shall be designed to afford the maximum protection to the environment of the area. Any state or federal permits required for construction must be submitted to the County Manager or designee prior to the commencement of construction. D. General Requirements for a Minor Final Subdivision Plat (FP). 1 Generally. Minor final subdivision plat approval may be requested as an alternative to construction plans and final subdivision plat if the following criteria are met: a. No preliminary subdivision plat is submitted or approved. b. Required improvements are not required for the subdivision. C. No security performance bond is required for the subdivision. d. No phasing is required or proposed for the subdivision. e. The subdivision is not part of a planned unit development. 2. Application and process. a The Administrative Code shall provide the process and submittal requirements for a minor final subdivision plat. Minor final subdivision Page 115 of 234 Words struek thfough are deleted, words underlined are added plats shall be in conformance with F.S. ch. 177 and the LDC, as applicable. b. Minor final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. The minor final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177 as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion molar to a scale of not smaller than 1 inch equals 100 feet. C. Minor final subdivision plats shall be reviewed and approved pursuant to LDC section 10.02.04 B.3 — B.4 as applicable. d. Minor final subdivision plats shall be recorded pursuant to LDC section 10.02.04 F. E. General Requirements for Construction Plans (CNSTR). 1 Generally. Construction plan approval may be requested when no platting or recording of property is required This process allows for the review of construction plans separate from a final subdivision plat. a The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 2. Application and process. a The Administrative Code shall provide the process and submittal requirements for construction plans. Construction plans shall be in conformance with LDC section 10.02.04 B and C, as applicable. b. Construction plans for all of the improvements shall be signed and sealed by the applicant's professional engineer. C. Construction plans shall be reviewed and approved pursuant to LDC section 10.02.04 B.4, as applicable. 3 Insubstantial changes. An applicant may request insubstantial changes pursuant to LDC section 10.02.04 B.5.a. F. Recordation of the Final Subdivision Plat. 1 Generally. No building permits for habitable structures shall be issued prior to approval by the Board of County Commissioners and recordation of the final subdivision plat except as provided in LDC sections 5.04.04 and 10.02.04 B.6, as applicable. 2. Posting of subdivision performance security at the time of recording. a. The final subdivision plat shall not be recorded until a subdivision performance security for the construction of the required improvements, both on -site and off -site has been posted by the applicant and approved Page 116 of 234 Words stmek through are deleted, words underlined are added 9A and accepted by the Board or the County Manager or designee on behalf of the Board. b. The applicant's professional engineer shall prepare an opinion of the probable construction cost or the actual contractor's bid price, which includes the cost of all required improvements, to determine the amount of the subdivision performance security. i. If no construction of the required improvements has begun at the time of posting of the subdivision performance security, the security shall be an amount equal to 110 percent of the sum of construction costs for all on -site and off -site required improvements based on the applicant's professional engineer's opinion of the probable construction costs or contract bid price. ii. If construction of the required improvements has begun at the time of posting the subdivision performance security, the security shall be in an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price, plus 100 percent of the required improvements to be completed, such as the final lift of asphalt and uncompleted sidewalks. iii. If construction of all required improvements has been completed and accepted by the Board at the time of recording, only a performance maintenance guarantee at an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price shall be provided. iv. No subdivision performance security shall be required where improvements are to be constructed by a general- purpose government such as a county or municipality, a local school district, or state agency. A subdivision performance security shall be required of an independent special - purpose government such as a community development district (CDD). C. The subdivision performance security shall be prepared pursuant to Appendix A of the LDC and shall be one of the following forms: i. Construction, maintenance, and escrow agreement, or ii. Construction Maintenance Agreement and one of the following: (a) Cash deposit agreement with the County, or (b) Irrevocable standby letter of credit, or (c) Surety bond. d. Once the form of a subdivision performance security has been approved and accepted by the Board, alternate securities, in a format approved by the County Attorney, may be approved by the County Manager or designee, on behalf of the Board. Page 117 of 234 Words stmek dwoug n are deleted, words underlined are added 9q 3 Recordation Procedure After approval of the final subdivision plat by the Board but prior to the recording of the final subdivision plat with the clerk of the circuit court, the following shall occur: a The applicant shall obtain all of the signatures on the original plat cover sheet(s) that are associated with the applicant's obligations and shall submit the original final subdivision plat, and any separate consents, or opinions or certifications of title to the County Manager or designee. b The applicant shall provide 3 copies and 1 molar of the recorded final subdivision plat and accompanying documents to the County Manager or designee. C. Simultaneouslv with the submission of the executed final subdivision Plat to the County Manager or designee, the applicant shall also submit in accordance with F.S. ch. 177, at no expense to the County, either a title opinion from an attorney licensed to practice in the State of Florida or certification from a title company. The effective date of the title opinion or certification must be no more than 30 days prior to the submission of the final subdivision plat to the County Manager or desiqnee and must contain all of the following: A leaal description of at least the lands being platted: A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real Property, if a title opinion is being provided; iii. Identification of the exact name of any person who is the record owner of the 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 include a copy of said instrument(s) of conveyance; and vi Identification of liens encumbrances, easements, or matters shown or that should be shown as exclusions to coverage on a title insurance policy. As may be applicable, the title information shall include in a neatly bound fashion and make citation to the recording information of all referenced liens, encumbrances, easements, or exclusions. The title information shall include a copy of any such instruments. d Payment of recording and copy fees. Upon compliance with this section and payment of fees by the applicant, the County Manager or designee shall record the final subdivision plat with the clerk of the circuit court in the official records of Collier County. Florida. e. Construction and Maintenance Agreement. The applicant shall enter into a construction and maintenance agreement with the County, in a form acceptable to the County Attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18 -month construction period or a time frame established in an approved extension request by the County Manager or Page 118 of 234 Words stmok fteug are deleted, words underlined are added designee This agreement shall be submitted with the final subdivision plat for review and approval and shall be executed by all parties at the time of recording of the final subdivision plat. f Recording of other documents If any dedications grants, conveyances, easements consents (including mortgagee consents), reservations, covenants or other like instruments are to be recorded by separate instrument simultaneously with the final subdivision plat, appropriate fees and original documentation must be provided by the applicant to the County Manager or designee for processing and recording by the clerk of court All documents shall be submitted prior to or at the time of recording of the final subdivision plat. SUDDortina "aap" title information._ Within 60 days of recordation of the final subdivision plat in the official records of Collier County, Florida, the applicant at no expense to the County, shall submit to the County Manager or designee final supporting "gap" title information. The final supporting title information must meet all of the requirements of 10.02.04 F 3 c except as to the effective date. Receipt and approval of the "gap" title information is a condition precedent to preliminary acceptance of subdivision improvements by the Board. h. The effective date of the supporting "gap" title information must be through the date of recordation of the final subdivision plat and must, at a minimum cover the "gap" between the time the effective date of the information required by 10.02.04 F.3.c above when submitted and the date of recording of the final subdivision plat. The final supporting "gap" title information must include a copy of any required instruments not Previously provided in connection with submittals for the recording of the final subdivision plat. G Vacation and annulment of subdivision plats. Vacation and annulment of a subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended, and Collier County Resolution 2006 -160, as amended. SUBSECTION 3.MM. AMENDMENTS TO 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS Section 10.02.05 Submittal Requirements for Improvements Plans, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Construction, Approval, and Acceptance of Required Improvements Submittal Page 119 of 234 Words st ok d oag are deleted, words underlined are added 9 A Page 120 of 234 Words st-Fuck&eug are deleted, words underlined are added I IRON _ 1 _ _ 1 • _ _ _ _ _ _ _ _ _ d. 1l It _ 11 Ipp 11 Page 120 of 234 Words st-Fuck&eug are deleted, words underlined are added r� 1 Page 121 of 234 Words stmek Offough are deleted, words underlined are added • - - - - - Ir .._ _ I m Mm I.r. - Page 121 of 234 Words stmek Offough are deleted, words underlined are added 9 A Page 122 of 234 Words stmelc dwou T are deleted, words underlined are added _ MI. _ I IN Page 122 of 234 Words stmelc dwou T are deleted, words underlined are added 9A M Page 123 of 234 Words stmck dwough are deleted, words underlined are added � inx M- 1.m IN NO T1 STAIN MOM In. mum Page 123 of 234 Words stmck dwough are deleted, words underlined are added � inx M- T1 STAIN Page 123 of 234 Words stmck dwough are deleted, words underlined are added � inx Page 123 of 234 Words stmck dwough are deleted, words underlined are added 9A '�4 Page 124 of 234 Words stmok through are deleted, words underlined are added I NMI _ _ _ .. _ rr. mm MI_ _ , , „ _ __ INN AN M3' IMIMT' _ _ jil Page 124 of 234 Words stmok through are deleted, words underlined are added • r Page 125 of 234 Words stmeL dwough are deleted, words underlined are added AIR . _ _ - - . - - - -- -- __ _ -- - - ._ WFIRMON - - _ „ _ - -- - - - - - - -- - - - - - -- - - - - - - - - - -- 0 - I =711_ Page 125 of 234 Words stmeL dwough are deleted, words underlined are added t 9 A Page 126 of 234 Words stmek &eug " are deleted, words underlined are added pill OWN MAN MOMTr m "NOR .__ MET.Tz. NOW Page 126 of 234 Words stmek &eug " are deleted, words underlined are added Page 127 of 234 Words stfura' gn are deleted, words underlined are added • - - - - - Z r-T. - - - - - - - -- 'Wo - - _ - - pjr- Page 127 of 234 Words stfura' gn are deleted, words underlined are added 19A Page 128 of 234 Words stmeak thfough" are deleted, words underlined are added . � a _ _ _ _ _ - ._ IN i . . _ _ -_ I lilie' IM _ _.. _ _ _ - MTM 1211111=1.72. Page 128 of 234 Words stmeak thfough" are deleted, words underlined are added 9 A Page 129 of 234 Words stmeak thfoug are deleted, words underlined are added _ IMM 31 IMMA&MR1.1mult _ t MIL Page 129 of 234 Words stmeak thfoug are deleted, words underlined are added 1 ♦ . IT. It ♦ _ 3"MCIETWIMIr J". Or %XMT=W1M. _ ■ ♦ - - ♦ _ ■ • ! • ♦ ■ • - - ♦ - - _ P-1,011FATAMMMM. Tv_ ♦ - _ Page 130 of 234 Words stm& thfou are deleted, words underlined are added 9 A c 4 Page 131 of 234 Words stmek thfou l} are deleted, words underlined are added N:T_ M Mm OWN 14 MICUM NO "OLM01 321K M. 111-10 ON -0 ,. _ �. . _ _ Tuley- ORM 0 AT-AT _ ... .. "M IVA Page 131 of 234 Words stmek thfou l} are deleted, words underlined are added 9A 1cl. Page 132 of 234 Words stmek dwox are deleted, words underlined are added ._ WWI Mr. m _ _ _ _ rim _ TZ gg"m I MUM& .. I _ LVMA I _ Iv- MIrAWSTOMIREIRMN Tr' =3 Affaw. MMTMMV .__ Page 132 of 234 Words stmek dwox are deleted, words underlined are added 9A t -.4 Page 133 of 234 Words s,,..,, k dwough are deleted, words underlined are added PnIl MI. , , shall be FeqOred OR GeF;tFOI strur--W-r�ers and ether appuftenanG% +terFA or develepment and shall be s aters•A49Gti g 6ubcl.visien Ea6emeRtG. if be aIGRg lot lines of f. app"Gable, easements shall provided the , I- M.ee t tee ded'Gated on the final subdiVi6men if the 6ubdivisien plat, and us then plat. the easemeRts, need tG pFelimffinaFy embdM660n Pevafien, land filling, plat not submitted, and demelition. The elevation of a# eXGavatien Page 133 of 234 Words s,,..,, k dwough are deleted, words underlined are added PnIl MI. , , shall be FeqOred OR GeF;tFOI strur--W-r�ers Page 133 of 234 Words s,,..,, k dwough are deleted, words underlined are added PnIl manholes, level , , shall be FeqOred OR GeF;tFOI strur--W-r�ers and ether appuftenanG% +terFA he= or develepment and shall be s aters•A49Gti g 6ubcl.visien Ea6emeRtG. if be aIGRg lot lines of f. app"Gable, easements shall provided the , ded'Gated on the final subdiVi6men if the 6ubdivisien plat, and us then plat. the easemeRts, need tG pFelimffinaFy embdM660n Pevafien, land filling, plat not submitted, and demelition. The elevation of a# eXGavatien q6 be not less than 6LIGh Fninimwn elevations FeGreatien above the estab"shed pmpesed shall NAVD datum a6 adopted by the BeaFd of GeupAy Page 133 of 234 Words s,,..,, k dwough are deleted, words underlined are added Page 134 of 234 Words stmek through are deleted, words underlined are added me. M.; ---:e . ................... - Mr. ■- - IN Fm - - - - - - Wm Mr-111111111 =1 001 M_ - - PTC M. - - - - Mr rM - - - - III - WIN - - - - - - - - - - T2111mr. - - - - - Page 134 of 234 Words stmek through are deleted, words underlined are added 19 A 0a Page 135 of 234 Words °'mek gn are deleted, words underlined are added 7MEMM _ Mm .. __.._ _ __ .. nx .__ _ _ _;d _ _ _ _ _ _ _ _ _ Page 135 of 234 Words °'mek gn are deleted, words underlined are added 1 9 A Page 136 of 234 Words stmok fteugl} are deleted, words underlined are added additions shall be designed tG sheFe"ne and watemay the alteFations and to the of the aFea. Any state affGFd eteGfien eRVuFGRrneRt GGRStFUGtien n. Strpeptq And i All cubdivisinn stmet� imnrnv °m °nos and r°Iat °r) faGgInfies, etheF ihlin ._t nr private aGGes� ..r. Feed— - - -... _..-- te- - .. _.., the Foposed w p `"'�� YY``"" development sh h; "M`"�� ;;;;SiF-UGted -seFve by the streets, appliGant. The design and GOnStFUGtiOR of all 6ubdivisien Mmd shall iRdwde bUt Rot be limited te the pavement The— rhaFaefer and Iesat+eR of —all stFeetr 6h ,ll ii aFmRgement, to the uses apprepF ate w*dth All Felat*GR shail be based 6tGFFnwateF nd approval pFeposed OR the flow by futwe dFaiRage line to the County and GhaFaGteFi6t*G6 the ManageF Fights of the bettem of the or his of way4hat (b) s6ibd*y*s'en ,rsep boundary, PUFSuant be appFeval subdivision acs existing rr tint sepaFately and or °m shall to GhapteF desigRated of the plat installafien pub!"G develeprAeRt, from athe- be separated 4. The , by the Gounty pFivate with rights by buffeF aFea on the final MamageF ef— rn lar�es�ferag° no Af -way a landsGape OR these subdivision 9F his building lots or the prni t Gases shall plat as a , designee. T appT,sable ,the-- Page 136 of 234 Words stmok fteugl} are deleted, words underlined are added 9A � Page 137 of 234 Words stmek thfough are deleted, words underlined are added =All Twom- - .. .. rmwml MIN'te 0 - Page 137 of 234 Words stmek thfough are deleted, words underlined are added 9A F.0-160 ON __ .. _ __ _ me . _ 1MI. _ __- _ _ ON 3. _ WAS- Page 138 of 234 Words stTuok thrett gn are deleted, words underlined are added ■ GORStFUGtOGR Of OR site a) This requiFement shall' established at the mandateFy pFe- . . Fed off site its will Fesult iR a stop work erdeF being issued u time as the pFejeGt GOMplianrae With this requiFement. A. Construction of Required Subdivision Improvements. 1 Pre - Construction Meeting Prior to the commencement of construction of the required improvements a Pre - Construction meeting shall be held. The applicant shall request the Pre - Construction meeting and provide at least 48 hours for the Pre - Construction meeting to be scheduled by the Engineering Services Department The Pre - Construction meeting shall be attended by representatives of the county, utility companies the applicant's professional engineer of record, the contractor, and the developer. At the Pre - Construction meeting, a schedule of construction and all approved County plans shall be provided by the applicant. Copies of all state and federal permits shall be provided by the applicant to the County Manager or designee prior to commencement of construction. a. Should anv construction commence on a proiect prior to the Pre- Construction meeting the County Manager or designee, in addition to other available remedies shall have the right to require partial or full exposure of all completed work for observation, inspection, and verification that it was installed in accordance with the approved construction plans. 2 Commencement of construction Following the Pre - Construction meeting the applicant may begin construction of the required improvements. The applicant shall notify the County Manager or designee in writing at least 48 hours in advance of the date of commencement of construction. 3 Observation of construction by the applicant's engineer. The applicant shall have the applicant's professional engineer or engineer's representative make periodic site visits at intervals appropriate to the various stapes of the required construction to observe the contractor's compliance with the approved construction plans and specifications. 4 Construction inspections by the County Engineer or designee. A list of standard inspections which require the presence of the County Engineer or designee shall be provided in the construction plans approval letter provided by the County Manager or designee and discussed at the Pre - Construction meeting. The following procedure shall apply: a The applicant shall be responsible for the notification to the County Engineer or designee prior to the required inspections, including prior to any paving or concrete work associated with roads or sidewalks. At least Page 139 of 234 Words stfuck thfough are deleted, words underlined are added 9A i -, 48 hours' notice shall be provided to the County Engineer or designee to allow for scheduling of an inspection Verbal confirmation of an inspection time or a request for rescheduling will be made by the County Engineer or designee for each notification. b "Spot inspections" by the County Engineer or designee may be carried out without notice on all construction to ensure compliance with the approved construction plans At any time if the County Engineer or designee finds construction in progress which does not comply with the procedures policies and requirements contained in the LDC or the approved construction plans the County Engineer or designee shall have the full authority to issue a stop work order for the portion of the work not in compliance If a stop work order is issued it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full satisfaction of the County Engineer or designee. 5. Changes to construction plans. a See LDC section 10 02 04 B 5 a for insubstantial changes to construction plans OCK b The County Manager or designee shall be notified within 24 hours, with written follow -up of any problems and conflicts with the actual construction of required improvements as compared to the approved construction plans Problems and conflicts shall be addressed through the Insubstantial Changes procedure for construction plans pursuant to LDC section 10 02 04 B 5 a The County Engineer may approve insubstantial changes to construction plans in accordance with acceptable engineering principles The changes shall be reflected on the record drawings. B Preliminary Acceptance of Required Subdivision Improvements by the County Engineer or designee Preliminary acceptance by the County Engineer or designee shall identify that the subdivision or development is substantially safe for public occupancy. 1 General The required improvements constructed under the policies, procedures, guidelines and requirements established in the LDC shall receive preliminarily acceptance by the County Engineer or designee pursuant to the following: a Recordation of the final subdivision plat pursuant to LDC section 10 02 04 F shall be prior to or concurrent with preliminary acceptance by the County Engineer or designee. b No certificates of occupancy shall be issued by the County Manager or designee until preliminary acceptance is granted. 2 Submittal requirements Upon completion of all required improvements contained in the approved construction plans the applicant's professional engineer of record shall provide the following materials for the review by the County Engineer or designee: a Competition Certificate The applicant's professional engineer of record shall submit a completion certificate for the required improvements Page 140 of 234 Words feu are deleted, words underlined are added 9A completed The completion certificate shall be based on information Provided by the project professional surveyor and mapper and the engineer's own observations. The completion certificate shall not be based on "information provided by the contractor." The applicant's professional engineer of record shall document that the required improvements have been installed in compliance with the approved construction plans Any discrepancy shall be brought to the attention of the County Engineer or designee and resolved to the satisfaction of the County Engineer or designee. b Applicant's Inspection Report The applicant's engineer of record shall submit a report to the County Manager or designee which documents the dates of inspection all measurements field tests, laboratory tests, and observations which were required to be performed during the construction of the required improvements. C. Final release of lien from contractor(s). The applicant's engineer shall provide to the County Manager or designee a copy of the final release of lien from any utility and /or roadway contractor(s). d Conveyance instruments All separate conveyance instruments to the County shall be in a form approved by the County Attorney prior to their submission to the Board for acceptance and shall be pursuant to Collier County Utilities Standards and Procedures Ordinance 2004 -31, if applicable If requested by the County Manager or designee, the grantee shall provide at no cost to the county, a title opinion, or certificate of title in a form promulgated by the Florida Insurance Commissioner, which is in conformance with the county's procedures for acquiring real property interests No separate conveyance instrument shall be recorded prior to recordation of the final subdivision plat and formal acceptance of the conveyance by the Board. e Construction plans and record drawings. The applicant's engineer shall provide to the County Manager or designee one set of construction plans on a molar, with a minimum of 2 mil thickness or other similar acceptable material and 2 sets of signed and sealed prints acceptable to the County Manager or designee showing the original design in comparison to the actual finished work The molars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. Subject to the approval of the County Manager or designee the applicant's engineer may provide a PDF as a substitute for the molar plans. f Digital submission The applicant's professional engineer shall also submit digitally created construction /site plan documents, including 1 disk (CDROM) of the master plan file including where applicable, easements water /wastewater facilities and stormwater drainage system The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system with a Florida East Projection and a North American Datum 1983/1990 (NAD83 /90 datum) with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) Page 141 of 234 Words stmek dwough are deleted, words underlined are added 9 A �! format; information lavers 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 laver, with all linework pertaining to the property feature located on that laver. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel laver. Annotations pertaining to property information shall be on a unique laver. Example: lot dimensions — Lottxt laver. In addition, a copy of applicable measurements tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional surveyor and mapper and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: i Roadway centerline elevations at all intersections and at a minimum at all points of vertical intersection (PVI) along the roadway. ii. Invert and inlet elevations of all water management structures, including catchbasins all function boxes, headwalls, inlets, and the like. iii. All record drawing data for water and sewer facilities pursuant to the provisions of the Collier County Utilities Standards and Procedures Ordinance 2004 -31, as amended. iv. Centerline inverts on all open swales at high and low points and at 100 -foot stations along centerline. V. The following data shall be submitted in report form for the acceptance of streets roadways, alleys or the like for maintenance purposes: (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 each street proposed to be accepted. (e) The number of lanes for each street proposed to be accepted. 3 Review and inspection by the County Engineer or designee. Following the review by the County Engineer or designee of the submittals required in LDC section 10 02 05 B.2 and that the required improvements are in compliance with the Page 142 of 234 Words stmek Owou gn are deleted, words underlined are added 9A A LDC the County Engineer or designee shall approve approve with conditions, or deny the preliminary acceptance of the required improvements. Inspection by the County Engineer or designee of the required improvements shall be completed prior to the granting of preliminary acceptance by the County Engineer or designee. a During preliminary inspection the required improvements will be checked for compliance with the approved construction plans. Any approved insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be identified and explained in writing by the applicant's professional engineer of record All required improvements shall be in full compliance with the approved construction plans and the "record drawings" prior to submission to the Board for final acceptance. b Following the preliminary acceptance by the County Engineer or designee there shall be a minimum 1 -year maintenance period prior to final acceptance by the Board. 4 Reduction of the subdivision performance security. At the time of preliminary acceptance by the County Engineer or designee the subdivision performance security may be reduced by the County Manager or designee. Ten percent of the subdivision performance security, based on the applicant's professional engineer's probable construction cost or contract bid price, shall be retained as the maintenance performance security by the clerk of courts on behalf of the Board See LDC section 10 02 04 E for acceptable forms for a subdivision performance security. C Final Acceptance of the Required Subdivision Improvements by the Board of County Commissioners. 1 Generally. The Board may provide final acceptance by resolution, of the improvements subject to the following: a Following the 1 -year minimum maintenance period as required by preliminary acceptance by the County Engineer or designee: and b Following satisfactory completion of the preliminary acceptance inspections by the County Engineer or designee: and C. At the request of the applicant after a final inspection by the County Engineer or designee. 2 Timing All of the required improvements shall receive final acceptance by the Board within 36 months from the date of the original Board approval of the final subdivision plat unless extended by the County Manager or designee, the Board, or general law. a The developer may request two -year extensions for completion and acceptance of the required improvements. A maximum of 2 extensions may be granted by the County Manager or designee. Each request should provide written justification for the extension. Page 143 of 234 Words s...,,,a, gh are deleted, words underlined are added 9A A 3 Dedications and County maintenance The Board shall adopt a resolution giving final acceptance of the improvements and establishinq County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities The Board has no obligation to accept maintenance responsibilities for any facilities dedicated to public use pursuant to F.S. ch. 177.081. 4 Notifications The County Manager or designee shall notify the applicant in writing that final acceptance of the required improvements and applicable acceptance of the facilities has been granted notify all affected county agencies of any final maintenance responsibilities and instruct the clerk of the court to return the remaining maintenance security held by the Board. D Conditional Final Acceptance A developer may apply for a conditional final acceptance. The conditional final acceptance may occur when the required subdivision improvements with the exception of the final lift of asphalt and in certain cases, portions of the sidewalk(s) have received a satisfactory final inspection. The developer shall provide a performance security in the amount of 150 percent of the estimated cost of the remaining improvements Additionally, the developer shall provide a letter to the County Manager or designee which confirms the developer's intent to complete all of the remaining improvements within a 12 -month time period. Two additional 1 -year extensions may be approved by the County Manager or designee. E Failure of Applicant to Complete Required Subdivision Improvements. 1 County Draw on Subdivision Performance Security. If improvements are not completed within the prescribed time period as specified in LDC section 10.02.04 B.7 or 10 02 05 D and a subdivision performance security has been submitted, the County Engineer or designee may recommend to the Board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. 2 County completion of required improvements When a final subdivision plat has been recorded and the applicant fails to complete repair, or maintain the required improvements as required by the LDC the Board may authorize and undertake completion repair, and maintenance of the required improvements under the subdivision performance security provided by the applicant. If no sale of lots or issuance of building permits has occurred the Board may withdraw its approval of the final subdivision plat and may direct the County Manager or designee to call upon the subdivision performance security to secure satisfactory completion repair, and maintenance of the required improvements to make his best efforts to restore the property to its predevelopment condition or to otherwise take action to mitigate the consequences of the failure to complete repair, or maintain the required improvements Any remaining subdivision performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance to provide funds for any repairs maintenance and defects occurring during this warranty period. 3 Failure to complete unrecorded subdivision. Where an applicant has elected to construct install and complete the required improvements prior to recordation of the final subdivision plat and fails to complete such improvements within the Page 144 of 234 Words stmek dffough are deleted, words underlined are added a3m time limitations provided in this section all approvals, permits, and applications shall be considered null and void. Any future subdivision and /or development shall submit a new application and payment of fees based on the then current fee schedule Review shall be subiect to the then current LDC and other applicable codes. F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. * * * * * * * * * * * * * SUBSECTION 3.NN. AMENDMENTS TO 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. Relation to state and federal statutes. a. Required state and /or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the i666ianse -9 1 GOUnty development orders 9F 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 the LDC this —Cede 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 Page 145 of 234 Words stmeaL throug are deleted, words underlined are added a� a reduction in the level of service for any public facility below the level of service established in the Collier County gGrowth mManagement pPlan, or (2) if issuance of said development order of-[or} building permit is inconsistent with the gGrowth fnManagement p !Ian. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the gGrowth mManagement pPlan. B. Building Permit or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the LDCL� development de, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the LDC , an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC including the uses of the building space upon which applicable off - street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDCL -and Development Cede. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. Page 146 of 234 Words you are deleted, words underlined are added 9A Page 147 of 234 Words stusk dwsugh are deleted, words underlined are added ._ _ . _ _ . _ _ _ VVENUT FI -IM Page 147 of 234 Words stusk dwsugh are deleted, words underlined are added �+ t 9A Page 148 of 234 Words straek fteugh are deleted, words underlined are added VM .___ __ _ dLVf- IM MIN- MMATTIMM ppp Tam_. Page 148 of 234 Words straek fteugh are deleted, words underlined are added 9A StFUGtUre (the building peffnit serves as the GleaFing peFrnit), or property owner or authGFized agent is GGRdUGtiR9 the removal, and the total area that will he nle red en site does not evneed 1 s-C. Agricultural land clearing. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, shall be required for all agricultural operations except as exempted by LDC section 10.02.06 C.1.d. D.14 (below)-. a Application The Administrative Code shall establish the procedures and the submittal requirements in addition to those identified below, to obtain an agricultural land clearing permit. i Silviculture operations as defined by the LDC, shall require a management plan prepared by a forester or a resource manager (i.e. Florida Forest Service, private or industrial). Page 149 of 234 Words st-mok thfough are deleted, words underlined are added - - - - -- Tr a Application The Administrative Code shall establish the procedures and the submittal requirements in addition to those identified below, to obtain an agricultural land clearing permit. i Silviculture operations as defined by the LDC, shall require a management plan prepared by a forester or a resource manager (i.e. Florida Forest Service, private or industrial). Page 149 of 234 Words st-mok thfough are deleted, words underlined are added 9A + ii. If an ST or ACSC -ST overlay is attached to the zoning of the property, an ST development peRnit has been issued by the County Manager OF his designee. the ST or ACSC -ST permit review shall be in accordance with development Gede ChapteF 2, LDC sections 2.03.07 and 4.02.14 and may be s+multaneeu &s — reviewed simultaneously with the agricultural clearing permit application. 4 iii. The appliGation, ' A generalized vegetation inventory and clearing plan, as outlined in seGt*01; 10.02.0iP G.2.a. and site Y* FeqUwFed)-GGRf*FFn that the pi;epesed use 16 GGRSi6tent With the permit 9F exemption, if FequiFed by SF=WMD. vi-iv. The appliGant has submitted dData relating to wetleMwetlands impacts and protected wildlife species habitat subject to the 6aliier GOURty gFevAh management plan, Conservation and sCoastal fnManagement eElement of the Growth Management Plan and the LDC . This data will be required only when the county's on -site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. v 4. The property owner, or authorized agent, has filed an executed agreement with the County Manager or kris designee, stating that within 2 years from the date on which the agricultural clearing permit is approved by the County Manager or Ns designee, the owner /agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner /agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the 25 -year period required by vi.v& below. If the clearing is expected to occur over a period greater than 2 years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. vi 4. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee stating that the owner /agent is aware that the Collier County Board of County Page 150 of 234 Words stmek thfough are deleted, words underlined are added [9A Commissioners will not rezone the property described in the agricultural clearing permit for a period of 25 years from the date of approval of the agricultural clearing permit by the County Manager or fi+s designee, unless for any such conversions in less than 25 years, the converted land shall be restored with native vegetation to the degree required by the LDC.this vii Permit Fees The agricultural clearing permit applications shall be charged a review fee as established by resolution by the Board. e-b. Criteria for review of the application. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: i. An on -site inspection has been made by staff, if indicated. ii. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Conservation and Coastal Management Element of the Collier County Growth Management Plan and the LDC , as may be amended from time to time. iii. Additional data and / or information required by the County to address environmental impacts shall be submitted by the applicant. iv. The proposed use is consistent with the zoning district. V. The proposed use is a bona fide agricultural use. Page 151 of 234 Words s....,, k thf ough are deleted, words underlined are added 12TZLI: NA e-b. Criteria for review of the application. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: i. An on -site inspection has been made by staff, if indicated. ii. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Conservation and Coastal Management Element of the Collier County Growth Management Plan and the LDC , as may be amended from time to time. iii. Additional data and / or information required by the County to address environmental impacts shall be submitted by the applicant. iv. The proposed use is consistent with the zoning district. V. The proposed use is a bona fide agricultural use. Page 151 of 234 Words s....,, k thf ough are deleted, words underlined are added 9A 1 -1, vi The applicant has signed an executed agreement pursuant to 10.02.06 C.1.a.v above. e-c. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5 -year periods providing that a notification in writing is forwarded to the County Manager or Isis designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and /or stipulations of the permit. A violation of permit conditions shall {be} cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. f-d. Exemptions for agricultural clearing permit. An agricultural clearing permit is not required for operations holding haviRg obtai a permit under Ordinance No. 76 -42 and which that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or fGF GpeFatiGR6 WhiGh Gan demenst that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76 -42. SUGh A demonstrations for exemptions may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. Upon issuance of an agricultural clearing {permit} or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be are exempted from obtaining additional agricultural clearing permits for that parcel, pFeyiding t#at the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Page 152 of 234 Words stfuek dwelt are deleted, words underlined are added denier! the letter shall state the re sen /se\ f9F said denial. e-c. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5 -year periods providing that a notification in writing is forwarded to the County Manager or Isis designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and /or stipulations of the permit. A violation of permit conditions shall {be} cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. f-d. Exemptions for agricultural clearing permit. An agricultural clearing permit is not required for operations holding haviRg obtai a permit under Ordinance No. 76 -42 and which that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or fGF GpeFatiGR6 WhiGh Gan demenst that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76 -42. SUGh A demonstrations for exemptions may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. Upon issuance of an agricultural clearing {permit} or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be are exempted from obtaining additional agricultural clearing permits for that parcel, pFeyiding t#at the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Page 152 of 234 Words stfuek dwelt are deleted, words underlined are added 9A iii. Fences, buildings., and structures that requirgiN a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. 4+ iv. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or 4s designee is notified in writing within 2 business days prior to such removal and the sCounty makes no objection within said 2 business days; (b) The tree is not a specimen tree; (c) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation., or restoration program; (d) The parcel is currently engaged in bona fide agriculture, as defined by the LDCthis- Cede:; (e) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. 2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the Count Manager or designee eRViFORmental seFViGe6 diFeGter that the removal will occur. Sand R9tiGe shall the fellewing a The Administrative Code shall establish the submittal requirements for the agricultural clearing notice including the following: e-i. A signed agreement acknowledging the 25 -year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19, 2002, as set forth in LDC section 2.03.07; and f-ii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non - agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC sections 3.05.07, as provided in LDC Ssection 3.05.02. Page 153 of 234 Words stfuek sh are deleted, words underlined are added G. The date OR whiGh land GleaFing is expeGted to be i a The Administrative Code shall establish the submittal requirements for the agricultural clearing notice including the following: e-i. A signed agreement acknowledging the 25 -year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19, 2002, as set forth in LDC section 2.03.07; and f-ii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non - agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC sections 3.05.07, as provided in LDC Ssection 3.05.02. Page 153 of 234 Words stfuek sh are deleted, words underlined are added 9p tM b Permit fees The agricultural clearing notice application shall be charged a review fee as established by resolution by the Board. D. Enforcement and penalties. E. Wellfield conditional use permit and standards. 6-F. Temporary Use Permit Requirements and IssuanGe. See LDC section 5.04.WO1 of the LDGfor temporary use permit classifications and restrictions. 1 The Administrative Code shall establish the procedures and application submittal requirements for temporary use permits. 37 Language stricken in 10.02.06 G.1 -5 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 154 of 234 Words stmek thfoug-lt are deleted, words underlined are added - - ■- - - - - 37 Language stricken in 10.02.06 G.1 -5 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 154 of 234 Words stmek thfoug-lt are deleted, words underlined are added 19A w 38 Language stricken in 10.02.06 G.6 -9 is being relocated to 5.04.01 C -F. 39 Language stricken in 10.02.06 G.10 is being relocated to 5.04.08 Page 155 of 234 Words stmek dwou are deleted, words underlined are added mm OF - UNION _._ _ ♦ MMIMM.11 ♦ _ 38 Language stricken in 10.02.06 G.6 -9 is being relocated to 5.04.01 C -F. 39 Language stricken in 10.02.06 G.10 is being relocated to 5.04.08 Page 155 of 234 Words stmek dwou are deleted, words underlined are added i 9A k,4- Page 156 of 234 Words stFuek thfough are deleted, words underlined are added er _ _ _ _ __ _ _ _ _ _ _ rr= MMINNIM 3MEM-.. ON OFF ___ _ Page 156 of 234 Words stFuek thfough are deleted, words underlined are added i 9A �, Page 157 of 234 Words °*mek thfough are deleted, words underlined are added _ ..._ _ . ._ „ _ .. _ Page 157 of 234 Words °*mek thfough are deleted, words underlined are added 9A'1 II #-G. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line shall require a Coastal Construction Setback Line (CCSL) permit A hearing before the Board of Zoning Appeals shall be required pursuant to the variance criteria set forth in LDC section 9.04.06. The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of 6 feet. b. A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel. 2. Creation, restoration, re- vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. C. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida. 3. The Administrative Code shall establish the procedures and application submittal reauirements for obtaining a Coastal Construction Setback Line permit. 3-4. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County GMP and receives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these beach nourishment permits. 4-5. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC this Code, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: Page 158 of 234 Words strusl- are deleted, words underlined are added 9A - wl Setting up of any structures, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: (a) First violation: Up to $1,000.00 fine. (b) Second violation: $2,500.00 fine. (c) Third or more violation: $5,000.00 fine. 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: (a) First violation: Written notice of ordinance violation. (b) Second violation: Up to $1,000.00 fine. Jc) Third violation: $2,500.00 fine. (d) More than 3 violations: $5,000.00 fine. 1-H. Vehicle on the beach regulations. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand -, animal -, or engine- driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in the LDC this Code. J-I. Cultivated Tree Removal Permit. Generally. . A Cultivated Tree Removal Permits afe is required for the removal or relocation of any tree or palm that has been installed for landscaping by- nan and which is not a part of a preserve. Moving a tree from 4-one location to another shall not be considered removal; however, a Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5 year period may be removed with a Cultivated Tree Removal Permit. HeweveF, ppehibited ex9tiG tree Femovals are exempt from this requeFernent, eXGept whei4 they have been used to Fneet i i Dde land6Gapeng 6tanda Afa#UFally Protected vegetation, other than that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section Page 159 of 234 Words stmek ft ug are deleted, words underlined are added I9A �+ 3.05.00 10.02.06G. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability. The provisions of this section are applicable to all development unless otherwise specified in this section. 0 nd"Gating that the owner has no FejeGtien to the proposed tFee removal shall submitted with the appliGation. 3. Exemptions: a The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree Removal Permit unless the prohibited exotic tree is used to meet the minimum landscapina code requirements pursuant to a final b Single- family home sites are exempt from obtaining a Cultivated Tree Removal Permit Single- family home sites shall maintain the minimum code landscaping requirements established in LDC section 4.06.05. 34. Criteria for removal of cultivated landscaping. The landscape architect may approve an-Cultivated Tree Removal permit application based on the following criteria: a. A tree Gannet cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. b. A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). C. Other public health and safety circumstances as determined by the eCounty landscape architect. Page 160 of 234 Words stfuek dwough are deleted, words underlined are added 19A 5 Application The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit. a The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees. 6 Approval The County Manager or designee shall approve, approve with conditions or deny a Cultivated Tree Removal Permit. 5-7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, wig shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05 the Gede. b. That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the sCounty 11-andscape Architect, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. J. Zoning Verification Letter. 1 A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: Allowable uses and development standards applicable to the property under the LDC: ii. Zoning of adjacent properties: iii. Confirmation of any site development plan, conditional use, or variance approved for the property: and iv. The nonconformina status of the property. b Comparable Use Determination. The County Manager or designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective the zoning verification letter shall be approved by the BCC by resolution at an advertised public hearing. Page 161 of 234 Words stmeaL dwough are deleted, words underlined are added 19A C. Non - residential Farm Building Exemption. The County Manager or designee in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non - residential farm building and /or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. d Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2 The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. SUBSECTION 3.00. AMENDMENTS TO 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy A. Generally. This section applies to any use or development that generates additional impacts or demands on public facilities This section ensures that adequate public facilities are available and no development orders subject to concurrence regulation are issued unless adequate public facilities are available to serve the proposed development including but not limited to the Transportation Concurrence Management System and the Public School Facilities Concurrence. devel6pmePA B. Exemptions. The following are developmeRt eFdeFs and development shall be exempt from the teFFns e this section: Page 162 of 234 Words stme1E dwough are deleted, words underlined are added ANTM- - - - A. Generally. This section applies to any use or development that generates additional impacts or demands on public facilities This section ensures that adequate public facilities are available and no development orders subject to concurrence regulation are issued unless adequate public facilities are available to serve the proposed development including but not limited to the Transportation Concurrence Management System and the Public School Facilities Concurrence. devel6pmePA B. Exemptions. The following are developmeRt eFdeFs and development shall be exempt from the teFFns e this section: Page 162 of 234 Words stme1E dwough are deleted, words underlined are added j 9 A All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: a. Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order, or b. Substantial deviations are sought for a DRI development order_, ar►d tThis section applies &ha#-ap* only to those portions of the development for which the deviation is soughtl; C. The county Gan demonstrates pursuant to F.S. § 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 change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order. 2. Construction of public facilities that is are consistent with the Collier County Growth Management Plan. 3. Temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of 1 year. 4. Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the Ggrowth Mmanagement Pplan. 7. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations and haver-and prepedy sdta+ns a determination of vested rights for a certificate of public facility adequacy in accordance with LDC section 9.02.00. the provi6mens, of th66 6e as follows: Page 163 of 234 Words stmok tthfo sn are deleted, words underlined are added - - - - - - ■ - - - _Mu r2w - "MMUMA Page 163 of 234 Words stmok tthfo sn are deleted, words underlined are added 19A ._ .._ ._ _ _ _ . .. _ ._ _ . _ __ _ ._ _ _ _ . .. _ __ _ _ ... _ _ .__ _ . _ _ _ ... Mr . __ __ _ Page 164 of 234 Words s.,.,,,.' thfoug are deleted, words underlined are added f 9A Page 165 of 234 Words stmeak th oug="= are deleted, words underlined are added ON- Twar _ _. __ _ _ ... _ Ir - ._ _ _ .. _ OWN - _ SLUM • - _ .. _ _ -.111CMI" _ -M.; MVI POW-1 ININ-11.010 MIMI _ WFAWSWK&IrA Page 165 of 234 Words stmeak th oug="= are deleted, words underlined are added �9A } Page 166 of 234 Words stpaca gn are deleted, words underlined are added mr-Tmr.W3.. VON Oil Mr.win. M. WIN __ MM Z jW _ -rlvz . Page 166 of 234 Words stpaca gn are deleted, words underlined are added � 1 ■� �• MON. MAN • - - - • - - - - - -- - Page 167 of 234 Words stmek 4wough are deleted, words underlined are added 9A 'A Page 168 of 234 Words st-msk through are deleted, words underlined are added 7-.u3xRHf".WMI ME- 3. MEMI .. _ _ - _ Page 168 of 234 Words st-msk through are deleted, words underlined are added 1 9 A Page 169 of 234 Words stm ^tea aag = are deleted, words underlined are added OWN INS W, ._ _ _ _ _ FnI.r. rim Page 169 of 234 Words stm ^tea aag = are deleted, words underlined are added �9A Page 170 of 234 Words s4uok dwough are deleted, words underlined are added &M FMI NO M-. --. -- MZ.-. . NNIN _ _ MINION- IN MINOR dn _ Orr Page 170 of 234 Words s4uok dwough are deleted, words underlined are added i 9A Page 171 of 234 Words stmeaU dffetig n are deleted, words underlined are added _. _ MMI oil IIII .. _ gr _ -. _ _ _ . ___ _ _ MISS, Page 171 of 234 Words stmeaU dffetig n are deleted, words underlined are added 1. 9 Page 172 of 234 Words struek thfougk are deleted, words underlined are added .. __ _ .. _ __ mulm .. fm= .. prr UMDAMILZAAMELNU 4 OR _.. AM_ M P.1 _ . _ - _ .. _ Page 172 of 234 Words struek thfougk are deleted, words underlined are added 9A , - &FRO _ M. ,. _ _ _ _ _ _ _ r-"TWF I OTTY 7.T-1 m I m Page 173 of 234 Words stmek g " are deleted, words underlined are added 9A NO N Ic Id enfemeable development The shall that indudes the agreement be based upon f. Read faGilities. lreead G9FnPGReRt -ensidered Page 174 of 234 Words 'meL" are deleted, words underlined are added 9A C Certificate of Public Facility Adequacy (COA) for Roadways. 1 Applicability. The issuance of a COA for roadways shall demonstrate proof of adequate roadways to serve the development approved by the development order. 2. Issuance of a COA for roadways. a A COA for roadways may be issued subsequent to estimated road impact fee payment pursuant to LDC subsection 10.02.07 C.5 and only with the approval of one of the following: Page 175 of 234 Words st....^v tIffough are deleted, words underlined are added .__ MTM I ITAr. SECIMMM. 31 . .. . ....... . ..... _. _ vw= MI ANIM NO _ ■ WNRI M-1- ■ _ ■ C Certificate of Public Facility Adequacy (COA) for Roadways. 1 Applicability. The issuance of a COA for roadways shall demonstrate proof of adequate roadways to serve the development approved by the development order. 2. Issuance of a COA for roadways. a A COA for roadways may be issued subsequent to estimated road impact fee payment pursuant to LDC subsection 10.02.07 C.5 and only with the approval of one of the following: Page 175 of 234 Words st....^v tIffough are deleted, words underlined are added A final subdivision plat and amendments thereof; A final approved site development plan or site improvement plan and amendments thereof; iii. A building permit or mobile home tie -down permit issued by the County; or iv. Pursuant to the terms of an enforceable development agreement with Collier County pursuant to the provisions of F.S. § 4 163.3220 -163.3242 or other agreement acceptable to the Board of County Commissioners in conjunction with the approval of a development order and /or a certificate of public facility adequacy. 3 Exceptions Non - residential developments (i.e. commercial or industrial) otherwise required to obtain approval of a site development plan prior to the issuance of a building permit or applicants for a final subdivision plat may elect to: a Comply with the applicable regulations of this section as to one or more of the lot(s) of the final subdivision plat and obtain a COA specifically for just that lot or lots at a specified intensity of development; or b Delay submitting a Transportation Impact Statement (TIS) and obtaining a COA for all of the proposed lots or lust those remaining lots not then already complying with this section until a required site development plan is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. However, the subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrence purposes until approval of a TIS payment of estimated Transportation Impact Fees in accordance with this subsection and issuance of a COA in accordance with Chapters 3 6 and 10 of the LDC. 4 One year Traffic Capacity Reservation. a At the time of TIS approval by the Engineering Services Director or designee a 1 year Traffic Capacity Reservation shall be set aside and allocated by the County Manager or designee for the proposed development pending the approval of the final local development orders identified in LDC subsection 10.02.07 C.2 a. b Following approval of a final local development order identified in LDC section 10 02 07 C.2 a the estimated roadway impact fees shall be paid within 1 year of the TIS approval to secure the COA. C. Failure to pay the estimated roadway impact fees following the approval of a final local development order identified in LDC subsection 10.02.07 C.2 a within the 1 year of Traffic Capacity Reservation shall require the applicant to re -apply for a COA. Page 176 of 234 Words tmesv dwough are deleted, words underlined are added i 9A 00. d If a final local development order identified in LDC subsection 10.02.07 C.2 a is not approved within 1 year of the TIS approval date, the applicant may petition the Board of County Commissioners to extend the Traffic Capacity Reservation for 1 year. 5. Roadway Impact Fee Payment. a Estimated Roadway Impact Fee In order to obtain a COA the applicant shall pay the estimated road impact fees in accordance with Code of Laws and Ordinances Chapter 74- 302(h) which identifies the amount and the timing of roadway impact fee payments. b Final Payment of Roadway Impact Fee. Following the estimated roadway impact fee payment all remaining roadway impact fees shall be paid in accordance with the Code of Laws and Ordinances section 74 -302 (h)(1). C. Roadway impact fees paid to obtain a COA are non - refundable after payment and issuance. D Process for Certificate of Public Facility Adequacy for Roadways. 1 Process The Administrative Code shall establish the procedures and submittal requirements for obtaining a COA. a An application for a COA for roadways shall be submitted in conjunction with a final local development order identified in LDC subsection 10.02.07 C.2 a. b Application fees for a COA shall be in an amount determined by the Board of County Commissioners and shall accompany the application. An application shall not be deemed complete until the application fees have been paid. 2. Assignability and transferability. a An approved certificate of public facility adequacy shall run with the land associated with the corresponding development approval. A certificate of public facility adequacy shall be assignable within the corresponding land of the approved development and shall not be assignable or transferable to other development except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re- allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request by the then current owner to re- allocate no more than that certificate's previously approved capacity in a re- issued certificate. b In the event that upon build -out of the development estimated transportation impact fees are still unspent the remaining balance of such estimated fees may be transferred in accordance with Code of Laws and Ordinances section 74 -203 (b) The COA shall be modified to reflect the built -out development. 3 Appeal of public facilities determination Appeals shall be consistent with Code of Laws and Ordinances section 250 -58. Page 177 of 234 Words stmeL dwough are deleted, words underlined are added dam I I C; E Issuance of a Certificate of Public Facility Adequacy (COA) for Non - Roadway public facilities. 1 Non - Roadway Impact Fee Payment Non - roadway impact fees shall be in accordance with Code of Laws and Ordinances section 74 -302. 2 Non - Roadway Impact Fee Process A COA for all non - roadway "Category A" capital improvements is deemed applied for concurrent with the building application and shall be issued simultaneously with the issuance of the buildina permit. 3 Appeal of public facilities determination Appeals shall be consistent with Code of Laws and Ordinances section 250 -58. F Standards for review of application The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy if the State of Florida adopts legislation to ban the collection of impact fees. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for the following public facility components: 1. Potable water facilities. a The potable water component shall be granted if any of the following conditions are met: i The required public facilities are in place at the time a final site development plan final subdivision plat or building permit is issued. ii The required public facilities are under construction at the time a final site development plan final subdivision plat or buildina permit is issued. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of the LDC section 10.02.07, above. 2 Sanitary sewer facilities and solid waste facilities. a The sanitary sewer component shall be granted if any of the following conditions are met: i The required public facilities are in place at the time a final site development plan final subdivision plat or building permit is issued. ii The required public facilities are under construction at the time a final site development plan, final subdivision plat or buildina permit is issued. Page 178 of 234 Words stmslc &eugh are deleted, words underlined are added 9 A P-4,4 iii. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of sections i. and ii. 3 Drainaae facilities The drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the Environmental Services Division that meets the LOS for capital drainage facilities defined in LDC section 6.02.01 D. 4. Park and recreation facilities. a The parks and recreation component shall be granted if any of the following conditions are met: The reauired public facilities are in place at the time a final site development plan final subdivision plat or building permit is issued. ii. The required public facilities are under construction at the time a final site development plan final subdivision plat or buildina permit is issued. iii. The required public facilities are the subject of a binding contract executed for the construction of those public facilities which provides for the commencement of actual construction within 1 year of issuance of a final site development plan final subdivision plat or a building permit. iv. The required public facilities are guaranteed in an enforceable development aareement that includes the provisions of sections i., ii., and iii. above. 5 Public school facilities The determination of public facility adequacy for school facilities shall occur only after the School District has issued a school capacity availability determination letter (SCADL) verifying that capacity is available to serve the development. Public facility adequacy for school facilities shall be granted if any of the following conditions are met. a The necessary facilities and services are in place at the time a final site development plan or final subdivision plat is approved; b The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted and duly executed by all parties at the time a final site development plan or final subdivision plat is approved; C. The necessary facilities and services are found in the first, second or third year of the School District of Collier County's Five -Year Capital Improvement Plan; or Page 179 of 234 Words stmek thretig = are deleted, words underlined are added 9 A*4"N d The necessary facilities and services are subject of a development agreement to contribute proportionate share funding as provided for in Policy 2.4 in the Public School Facilities Element of the Growth Management Plan or to construct the needed facilities. SUBSECTION 3.PP. AMENDMENTS TO 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC Section 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.08 Submittal Requirements for Amendments to the Official Zoning Atlas and I DG A. Purpose and intent. The official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: B. Amendment of the zoning atlas. Initiation of pFopesals f9F aFnendFn A zoning atlas amendment may be proposed by: 1. Board of county commissioners. 2. Planning commission. 3. Board of zoning appeals. 4. Any other department or agency of the county. 5. Any person other than those listed in 1 -4 above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application. C. All proposals for zoning amendments shall be considered first by the Planning Commission in the manner herein set out provided in this section. D. All proposals for zoning amendments shall be submitted as established in the Administrative Code and iR wFitinry to accompanied by all pertinent information required by the LDC this ZaRing Gode 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 ao Language added in 10.02.08 D -O was relocated and reorganized from 10.03.05 H -T. Page 180 of 234 Words Deng are deleted, words underlined are added Board of County Commissioners. No application for zoning amendment shall be heard by the Planning Commission until such fees and charges have been paid. 1 Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning amendment or change will be considered "closed" when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning amendment or change for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn An application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re- opened by submission of a new application repayment of all application fees and the grant of a determination of "sufficiency" Further review of the request will be subiect to the then current code. E Planning Commission hearing and report to the Board of County Commissioners. 1 Time limits Unless a longer time is mutually agreed upon by the Planning Commissioners the Planning Commission shall file its recommendations with the Board of County Commissioners within 45 days after the public hearing before the Planning Commission has been closed. 2 Presentation of evidence The staff report on the application for rezoning shall be presented prior to the close of the public hearing on the application. The applicant shall be afforded the opportunity, prior to the close of the public hearing to respond to any contentions presented by any testimony or other evidence presented during the public hearing and to respond to the staff report, after receipt of which the hearing shall be concluded unless the hearing is continued and the matter referred back to staff for further consideration of such matters as the Planning Commission may direct. F Nature of requirements of Planning Commission report. When pertaining to the rezoning of land the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1 Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Page 181 of 234 Words stmek thfoug n= are deleted, words underlined are added 6.4 1 r, 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 air to adjacent areas. 10 Whether the proposed change will adversely affect property values in the adjacent area. 11 Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12 Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13 Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14 Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15 Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16 The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17 The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance (Code ch. 106, art. III, as amended. Page 182 of 234 Words stmek throu are deleted, words underlined are added 9 A 18 Such other factors standards or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. G Adequate public facilities The applicant may provide all required existing community and public facilities and services for the requested rezone needs in any one of the following manners: 1. Petition for a rezone at such time as all required adequate existing communit and public facilities and services have been provided at public expense according to the capital improvement program; or 2 Petition for a rezone at such time as all required existing community and public facilities and services have been provided at the private expense of the applicant; or 3 Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be provided; or 4 Facilities for parks and schools through land dedication or fee in lieu of such dedication; or 5 Other method acceptable to Board of County Commissioners. H Other proposed amendments When pertaining to other proposed amendments of these zoning regulations the Planning Commission shall consider and study: 1 The need and 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. I 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. 1 Restrictions stipulations and safeguards attached to an amendment, supplement or establishment of a zoning district may include, but are not limited to those necessary to protect 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 Page 183 of 234 Words stmek thfough are deleted, words underlined are added 9 A 41"1 area shall not exceed the density permissible under the density rating system. The Board of County Commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the Growth Management Plan and LDC sections 10 02 12 D and 10 02 08 L Any restrictions stipulations and safeguards attached to an amendment or rezoning including those identified in LDC section 10 02 08 H may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for 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. 2 Dedication of public facilities and development of prescribed amenities. a Public facility dedication The Board of County Commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets public rights -of -way, schools, parks, and other public facilities be set aside improved and /or dedicated for public use. Where impact fees are levied for 1 or more such public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's office and the real property office within 90 days of the date of approval of the rezone or as otherwise extended in writing bV Collier County, so as to establish the amount of any impact fee credits resulting from said dedication Failure to provide said appraisal within this 90 -day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated Property to Collier County. Where the term Collier County is used in this section it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government. b Land set aside and /or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezoning approval process. In any case however, the county shall take title to the set aside property, at the latest by a date certain established during, and condition on, the Page 184 of 234 Words stmok are deleted, words underlined are added approval of the rezoning action At no cost to the county, the land set aside and /or to be improved shall be made free and clear of all liens, encumbrances and improvements at the applicant's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 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 LDC pursuant to LDC section 8.08.00. C. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Board of County Commissioners at the development phase which has infrastructure improvements available to the parcel of and upon which said improvements are to be made or at a specified time provided for within the ordinance approving the rezone. J Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required by LDC section 10.02.08 E shall be advisory only and not be binding upon the Board of County Commissioners. K Board of County Commissioner's action on the Planning Commission report. 1 Upon receipt of the Planning Commission's report and recommendations, the Board of County Commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of general law. The reports and recommendations of the staff and the Planning Commission on the application shall be presented prior to the close of the public hearing on the application. The applicant shall have the right prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing. 2 In the case of all proposed changes or amendments such changes or amendments shall not be adopted except by the affirmative vote of 4 members of the Board of County Commissioners. L Failure of Board of County Commissioners to act. If a Planning Commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the Board of County Commissioners the application upon which the report and recommendation is based shall be deemed to have been denied, provided that Board of County Commissioners may refer the application to the Planning Commission for further study. M Limitations on the rezoning of property. 1 No change in the zoning classification of property shall be considered which involves less than 40,000 square feet of area and 200 feet of street frontage except: where the proposal for rezoning of property involves an extension of an existing or similar adjacent district boundary' within the broader land use classification of "C" districts "RSF" districts "RMF" districts wherein such rezone is compatible with or provides appropriate transition from adjacent districts of higher density or intensity. However, the requirement of 200 feet of street Page 185 of 234 Words .,.,,,assn are deleted, words underlined are added 9A frontage 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 6 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 5 years 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 County Commissioners and during every fifth year thereafter, the County Manager or designee shall prepare a 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 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 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 5 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. C. 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. § 380.06. N 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. O Waiver of time limits The time limits of 10 02 08 M above may be waived by 3 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. Page 186 of 234 Words stmek 4wou are deleted, words underlined are added 9A SUBSECTION 3.QQ. AMENDMENTS TO 10.02.09 SUBMITTAL REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC Section 10.02.09 Submittal Requirements for Text Amendments to the LDC, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.09 Submittal Requirements for Text Amendments to the LDC - - 3 IT= - - -�* - - -- - - - - thaimrdwwA 1i A. Amendments te this Gode Fnay be Fnade FneFe -often than hviGe dUFiRg the super majority Yete, diFerts that additional amendment6 be made f9F speGiT4,GY A. Text Amendments to the LDC. 1 Amendments to the LDC may be made no more than twice during the calendar year as scheduled by the County Manager, except if the Collier County Board of County Commissioners by at least a super - majority vote directs that additional amendments be made for specific purposes. 2 The LDC may only be amended in such a way as to preserve the consistency of the LDC with the Growth Management Plan. 3 The Administrative Code shall establish the submittal requirements for LDC amendments. SUBSECTION 3.RR. AMENDMENTS TO 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures A. Generally. . Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of Page 187 of 234 Words stmek 4wough are deleted, words underlined are added r�1 development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the LDCLand Development Gede. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and /or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida_, and shall be GOMprised, at a Fninimum, of the fellewi=ng oi�T 1.41 PUD master plan. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district, =The Administrative Code shall establish the information to graphically illustrate the development strategy. 41 Language stricken in 10.02.13 A.1 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 188 of 234 Words stmek thfough are deleted, words underlined are added all' nm- MIN Ud - - - - M. - rffrz - - _ -111 _ - ■ sewer, and etheF Utility,- QRtFiaR _ . ■ - 41 Language stricken in 10.02.13 A.1 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 188 of 234 Words stmek thfough are deleted, words underlined are added 9 A 2. 42 PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD iR the fGFM of a PUD appliGatien that includes a development standards table, developer commitments and a list of deviations from the LDC. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type density and intensity, of each proposed land use. — The —ae elopmen er,tablished by the Gounty ManageF or his designee. The submittals sha4 Genform to the most FeGeRt rtandaFdezed feFFnat established by the Zoning and The PUD application shall GGI;ta*F; the following include the information identified in the Administrative Code unless determined by the Planning and Zoning Ddirector to be unnecessary to describe the development strategy_: - - - - - .. _ Vr=&= - - - - -S. Imaw 42 Language stricken in 10.02.13 A.2 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 189 of 234 Words stmek thfou are deleted, words underlined are added .. _ _ . I MI 2. 42 PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD iR the fGFM of a PUD appliGatien that includes a development standards table, developer commitments and a list of deviations from the LDC. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type density and intensity, of each proposed land use. — The —ae elopmen er,tablished by the Gounty ManageF or his designee. The submittals sha4 Genform to the most FeGeRt rtandaFdezed feFFnat established by the Zoning and The PUD application shall GGI;ta*F; the following include the information identified in the Administrative Code unless determined by the Planning and Zoning Ddirector to be unnecessary to describe the development strategy_: - - - - - .. _ Vr=&= - - - - -S. Imaw 42 Language stricken in 10.02.13 A.2 is being relocated to the Administrative Code for Land Development, referenced as Exhibit B in Code of Laws Section 2 -13. Page 189 of 234 Words stmek thfou are deleted, words underlined are added � 9 A 3. Deviations from master plan elements. The Zoning and Land Development Review Department Director may exempt a petition from certain required elements for the PUD master plan identified in the Administrative Code when the petition contains conditions; which demonstrate that the element may be waived and will not have without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided to the Board of County Commissioners. 4. Submittal of School Impact Analysis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's Page 190 of 234 Words stmek sn are deleted, words underlined are added _ _ M. NOW _. _ _.. 21p _V 3. Deviations from master plan elements. The Zoning and Land Development Review Department Director may exempt a petition from certain required elements for the PUD master plan identified in the Administrative Code when the petition contains conditions; which demonstrate that the element may be waived and will not have without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided to the Board of County Commissioners. 4. Submittal of School Impact Analysis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's Page 190 of 234 Words stmek sn are deleted, words underlined are added review for a determination of school capacity. Refer to LDC section 10.04.09 for SIA requirements. B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with LDC section 10.02.084-2 shall be submitted and processed as for a rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with the following special procedures: Pre - application meeting. GeRfereRGe. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the Planning and Zoning and Land Development Revie;AF Department Director and other County staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the pre - application meeting senfeFe , 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. T#Fs The pre - application meetinq seRfereRse should address, but is not be limited to, the following 6UGh matteFs as: C. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Ggrowth Mmanagement Pplan. 2. Prehearing conference. Prehearing conferences may be held between the applicant and /or 14is representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of sueh the prehearing conferences shall be to assist in bringing the application for rezoning to PUD as close to conformity with the intent of the LDC these or other applicable regulations, and /or to define specifically any justifiable variations from the application of such regulations. 3. Staff review and recommendation. Based upon evaluation of the factors set forth above, the County staff shall prepare a report containing their review findings; and a recommendation of approval or denial. 4. Hearing before the Planning Commission. Public notice shall be given and a public hearing held before the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to LDC section 18.02.12 10.02.13 B.2. 5. Planning eCommission hearing and recommendation. The Planning Commission shall make written findings at an advertised public hearing as required in LDC section 10.02.08 and as otherwise required in this section and shall recommend to the Board of County Commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the Planning Commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08. Page 191 of 234 Words stmek thfoug are deleted, words underlined are added 1 9 A C. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Ggrowth Mmanagement Pplan. 6. Action by Board of County Commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to LDC section 2.03.06 of this fie, the Board of County Commissioners shall, upon receipt of the Planning Commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the PUD rezone application, PUD master plan of development and PUD ordinance, as recommended by the Planning Commission to the Board of County Commissioners. The Board of County Commissioners shall either grant approve the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. C. Effect of planned unit development zoning. If approved by the Setmty Board of County Commissioners, the PUD master plan for development, the PUD ordinance and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the LDC Zoning G and shall become the standards for development for the subject PUD. ThenGef^Ft", •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 aGt 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 of the LDC) and /or the site development plan regulations (LDC section 10.02.03) as appropriate. D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the Planning and Zoning devises - Department Director, not met the time frames and development criteria outlined in this section of the LDC, fie as applicable. For all PUDs, the owner entity shall submit to the Planning and Zoning SeNiGes Department Director a status report on the progress of development annually from the date of the PUD approval by the Board of County Commissioners. 1. Criteria for sunsetting. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: 4-a. For residential portions of PUDs, physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD shall be initiated by the fifth anniversary date of the PUD approval. An additional Page 192 of 234 Words st...,..L t4ough are deleted, words underlined are added 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout; and 2-b. For the nonresidential portions of PUDs and commercial and industrial PUDs, physical development of a minimum of 15 percent of authorized floor area when approved on the basis of a defined amount of floor space shall be initiated by the fifth anniversary date of the PUD approval. In the event that the floor area is not the defining intensity measure, then 25 percent of the land area to include some representative portion of the building space shall be constructed by the fifth anniversary date of the PUD approval. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area. Thereafter the PUD shall be exempt from these sunset provisions. 3-c. For mixed use tracts or structures, physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure that supports a minimum of 15 percent of the designated mixed use tract or structure shall be initiated by the fifth anniversary date of the PUD approval. Physical development of a minimum of 15 percent of approved mixed use floor area, and 15 percent of the approved residential units, shall be initiated by the fifth anniversary date of the PUD approval. Components of mixed use planned unit developments (MPUDs) that are non - residential hall adhere —to the requiremeats — pi:e:Tded *n must comply with LDC subsections 10.02.13 D.1_b. 2.a. threug " 4d. If in the event of a moratorium, or other action of government that prevents the approval of any final development order, the duration of the suspension of the approval shall not be counted towards the 5 year sunset period. 5-e. Infrastructure improvements as required above shall be located on site and shall constitute infrastructure that makes possible vertical construction consistent with the permitted land uses. Acceleration lanes, entry road access and the like do not count towards meeting the required levels of infrastructure improvements as required above. 5-2. PUD sunsetting. Prior to or any time after the Planning and Zoning Sewises Department Director determines that a PUD has sunsetted, then the property owner shall initiate one of the following: a. Request a PUD extension; b. Request a PUD amendment -; or C. Request a rezone. 7-3. Board of County Commissioners action on PUDs which have sunsetted. Upon review and consideration of the appropriate application, or the status report provided by the property owner and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: Page 193 of 234 Words strttek dwough are deleted, words underlined are added i 9 � 8-4. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the Board of County Commissioners. The Administrative Code shall establish the submittal requirements for a PUD extension request. An approved PUD may be extended as follows: a. Maximum extension: There may be one PUD extension granted for a maximum of 2 WG years from the date of original sunset. b. Approval of an extension shall be based on the following: d-c. No more than one extension may be granted for any development original approval date. e-d. Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in this section of the LDCGGde within 10ten years of the original PUD approval date shall submit a new rezoning application. 9-5. Retention of existing PUD status. a. Once a PUD has sunsetted the land shall retain its existing PUD zoning status, however applications for additional development orders shall not be processed until 1 e% of the following occurs: i. a. The Board of County Commissioners approves a request for extension of PUD zoning status. ii. b. The Board of County Commissioners approves an amendment to the existing PUD. b. Should the Planning and Zoning Sew*ses Department Director determine that development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification pursuant to the provisions for time limits for approved PUDs. C. In the case of developments of regional impact, PUD time limit restrictions shall be superseded by the phasing plan and /or time limits Page 194 of 234 Words s,,.,.,.' throug are deleted, words underlined are added • - - - - - - - .. - - -- - d-c. No more than one extension may be granted for any development original approval date. e-d. Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in this section of the LDCGGde within 10ten years of the original PUD approval date shall submit a new rezoning application. 9-5. Retention of existing PUD status. a. Once a PUD has sunsetted the land shall retain its existing PUD zoning status, however applications for additional development orders shall not be processed until 1 e% of the following occurs: i. a. The Board of County Commissioners approves a request for extension of PUD zoning status. ii. b. The Board of County Commissioners approves an amendment to the existing PUD. b. Should the Planning and Zoning Sew*ses Department Director determine that development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification pursuant to the provisions for time limits for approved PUDs. C. In the case of developments of regional impact, PUD time limit restrictions shall be superseded by the phasing plan and /or time limits Page 194 of 234 Words s,,.,.,.' throug are deleted, words underlined are added 9A A contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06. 40-6. Exemptions from sunsetting. Any educational plants or facilities or public service facilities including police, fire and EMS facilities that were identified in an approved PUD zoning district or PUD master plan and which are consistent with the approved development regulations shall retain development rights, although a planned unit development may have sunsetted, as provided for this section. A development order for such facilities shall be issued in accordance with a site development plan approval, without the requirement to amend or extend the original planned unit development. 44-7. PUD buildout. For PUDs approved on or after January 3, 2007 the land owner shall: b. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. On the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remaining density and intensity shall be considered expired if all of the lands within the PUD boundary have received approval through site development plans or plats and received a certificate of public adequacy (COA). For non - residential portions of a PUD, section (a) above allows for twe 2 additional years to amend the site development plan(s) in order to apply for development orders for any remaining intensity within non - residential sections of the PUD. 42-8. Local Economic Emergency Ordinance. a. Short title and recitals. This Ordinance shall be known as the Collier County Local Economic Emergency Ordinance, and the above findings and recitals are hereby adopted by reference into this Ordinance. b. Declaration of Local Economic Emergency. The GellieF GOURty Board of County Commissioners, convened in regular session, hereby declares and ordains that a local economic emergency exists within Collier County, Florida, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of the County. This Ordinance is adopted after public hearing pursuant to, and in accordance with, F.S. § 125.66(2). C. Tolling of Land Development Code Section 10.02.13.D. LDC sSection 10.02.13.D of the Collier County Land Development Code provides for Planned Unit Development time limit and time limit extension requirements. These time limit and time limit extension requirements are hereby tolled to May 12, 2014 for Planned Unit Developments which have not sunsetted prior to the effective date of this Ordinance [2009 -22]. Prior to May 12, 2014, the Board of County Commissioners will determine if the declaration of Local Economic Emergency should be ended. Page 195 of 234 Words stmek dwough are deleted, words underlined are added 1,9A E. Changes and amendments. There are three types of changes to a PUD master plan: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in LDC Ssection 10.02.13 E.3.c. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall include any of the following: shall be deemed to exist whh a. There is a A proposed change in the boundary of the PUD; of b TheFe is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; C. h T,,,ee is a A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; d. There is a A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; e. There is a A_substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; f. The A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; g. The -A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h. T 4e-A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Ffuture Li•and Uuse Eelement or other element of the Ggrowth Mmanagement Pplan or which modification would increase the density or intensity of the permitted land uses; The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the Page 196 of 234 Words sough are deleted, words underlined are added criterion of F.S. § 380.06(19)(e)2, and any changes to a DRUPUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13 of this Cede; or Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. 2. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial changes} -to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Commission. The Planning Commission approval shall be based on the findings and criteria used for the original applications and be as an action taken at a regularly scheduled meeting. a. The applicant shall provide the Planning and Zoning SePiees Department Director documentation which adequately describes the proposed changes as described in the Administrative Code. aler;g with 3. Minor changes. The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code. this 6eGtiGR. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning and Zoning SeaFiees Department Director's consideration for approval. C. Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing Page 197 of 234 Words stmee'= are deleted, words underlined are added MINIM - - Mr. - - - 3. Minor changes. The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code. this 6eGtiGR. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning and Zoning SeaFiees Department Director's consideration for approval. C. Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing Page 197 of 234 Words stmee'= are deleted, words underlined are added �9A contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: The applicant notices property owners in writing in accordance with LDC section 10.03.06 T. seGtiORG 10.0-3-06 B. 10 OF 10-03-05 13.11 as Fnay be appliGable. If no written objection is received, the request to remove commitments is deemed approved. iii. If a property owner who receives notice submits a written objection within 30 days of mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with LDC sections 10.03.05 and 10.03.06. • F. PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or designee. said PUD was appFeved The report shall be submitted annually, on or before the anniversary date of approval by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). a. A tract or parcel of a PUD that has completed construction within that tract may be considered built -out and is not responsible for annual monitoring reports, as long as all PUD commitments within that tract are complete. This built -out status does not exempt the tract owner(s) from commitments applicable to the entire PUD. 2. The Administrative Code shall establish the submittal requirements for a PUD Annual Monitoring Report. The men*togng FepeFt must pFavide the fella +nfermatien: - - rim Page 198 of 234 Words stmek thfough are deleted, words underlined are added 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD. 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning and Zoning SeFViGes Department Director shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 6. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un -built units and declare themselves "built -out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of "built -out" status. 6-7. Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and /or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following PUD Annual Monitoring Report. The Traffic Count monitoring Page 199 of 234 Words struok dffoug = are deleted, words underlined are added tuFning i -„ and movements - - - =r - 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD. 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning and Zoning SeFViGes Department Director shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 6. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un -built units and declare themselves "built -out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of "built -out" status. 6-7. Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and /or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following PUD Annual Monitoring Report. The Traffic Count monitoring Page 199 of 234 Words struok dffoug = are deleted, words underlined are added 9 A requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00_ Planned unit development districts application processing. An application for a planned development rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or his designee will notify applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current LDC Gede. K. Dedication of the public facilities and development of prescribed amenities. The Board of County Commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and /or dedicated for public use. Where impact fees are levied for 1 or more required public facilities, the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by the County Manager or his designee, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and /or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process. In any Page 200 of 234 Words stfuck thfoug are deleted, words underlined are added case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. At no cost to the County, the land set aside and /or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board for consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of the LDC this Code pursuant to LDC subsection 8.08.00 B. 3. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. L. Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the Planning and Zoning Development Sewi Director may serve written notice upon such organization and /or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the Planning and Zoning Development SeFv*Ge6 Director shall call upon any public or private agency to maintain the common open space for a period of 1 year. When the Planning and Zoning deft �s dDirector determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. * * * * * * * * * * * * SUBSECTION 3.SS. AMENDMENTS TO 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.15 Requirements for Mixed Use Projects Procedures- within the Bayshore Gateway Triangle Redevelopment Area A. Mixed Use Project Approval Types. Page 201 of 234 Words stmov dffeu sn are deleted, words underlined are added l 9 A r 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: iii. The MUP does not seek additional density through the Bonus Density Pool provisions of LDC section 10.02.15 C. b. The Administrative Code shall establish the submittal requirements for MUP administrative approval. Submittal RequiFeFnents* The application shall follow the applicable submittal requirements and procedures for site development plan submittal and review. 2. MUPs Requiring Public Hearing: b. The Administrative Code shall establish the submittal requirements for MUP requiring a public hearing for approval. Submittal RequiFements, The application shall follow the applicable submittal requirements and procedures set forth in LDC section 10.08.00, for conditional use submittal and review. Reting all requested deviatiORs. In addition to the conditional use findings as set forth in LDC section 10.08.00 D., the following shall be considered: C. There shall be a public hearing before the BZA legally noticed and advertised pursuant to LDC section 10.03.0605 76. * * * * * * * * * * * * * e. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: i. The SDP is not submitted and deemed sufficient for review within one year and approved within two years of MUP approval. ii. The SDP under review is deemed withdrawn and cancelled, pursuant to LDC section 10.02.03.B.4.a. iii. The SDP is considered no longer valid, pursuant to LDC section 10.02.03. B.4. b. and c. f. An approved MUP may be amended subject to the same procedures provided in this section. B. MUP Deviations. Page 202 of 234 Words st,..,,a through are deleted, words underlined are added 9A 0 2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be eligible to seek an administrative deviation from the following LDC provisions: a. Front Setback. These deviation requests shall be subject to the process and procedures of LDC sections 5.05.08. F. 1. — 23 and the submittal requirements established in the Administrative Code except that in order to be eligible for an administrative deviation the site shall meet at least one of the following conditions or circumstances: b. Architectural and Site Design Standards. These deviation requests shall be subject to the process and procedures of LDC sections 5.05.08. F. 1. — 23,. and 5- Deviations and Altemative GemphianGe and the submittal requirements established in the Administrative Code. C. Landscape and Buffer Requirements. The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of LDC section 5.05.08. F. 1. — 32 and the submittal requirements established in the Administrative Code. Deviations and Altemative Gomphiapp-e— Further, the applicant and must additionally provide a minimum of 110 percent of the open space requirement for mixed use projects in addition to other conditions that the County Manager or designee deems necessary. d. Parking Standards. These deviation requests shall be subject to the process and procedures of LDC section 4.05.04. F.2. 3. In order to provide for maximum flexibility, an applicant may request a deviation in addition to the administrative deviations specifically identified in LDC section 10.02.15 B.2 as part of a MUP Public Hearing process. Requests to deviate from LDC provisions where compliance is not practical, feasible, desirable, or warranted in a mixed use project shall include a written justification for any such deviation. The review of these deviations shall be guided by the following considerations: C. Bonus Density Pool Allocation. Under the Collier County Future Land Use Element, bonus density units are available for reallocation within the Bayshore /Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These bonus density units may be allocated between the BMUD and GTMUD overlays, and shall only be allocated through a public hearing approval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. Page 203 of 234 Words swaek 4wougl} are deleted, words underlined are added 9A 4. The project shall comply with the standards for mixed use development set forth in LDC section 4.02.16 C.B. * * * * * * * * * * * * * SUBSECTION 3.TT. AMENDMENTS TO 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Required Methods of Providing Public Notice > the BOaFd of Zoning Appeals, The Page 204 of 234 Words stmek through are deleted, words underlined are added - -- - - - - - - - - - v rr-T= M - - Page 204 of 234 Words stmek through are deleted, words underlined are added 9A Page 206 of 234 Words s... ek tIffeugh are deleted, words underlined are added .. „ n1liIi W! Twill IM M. TTAAVA -M 011111111� o �oo o - MOMMMI_ :-1 1 Page 206 of 234 Words s... ek tIffeugh are deleted, words underlined are added 011111111� o �oo o - MOMMMI_ :-1 1 .8. IN d ON, dh 1111 WIFIN111 Mw. AFAMIT. ....... _ Page 206 of 234 Words s... ek tIffeugh are deleted, words underlined are added 9A Page 207 of 234 Words s"ek thfough are deleted, words underlined are added .. r= B"MMMY Mll 1#41~ __ Np- mm mm Page 207 of 234 Words s"ek thfough are deleted, words underlined are added 9A�, Page 209 of 234 Words stmek dueugh are deleted, words underlined are added 0-41@111 NO to 11 11, A 11111 I'd 1111 TM .. 11 �Ur 110-1.101- Ilk-jjjjjW jo- M IN .. - Me - Page 209 of 234 Words stmek dueugh are deleted, words underlined are added 9A �a Page 210 of 234 Words stFuslettg are deleted, words underlined are added 'q rmm 0 M I I IMMMINIANSION .. Tmzr- '11 -op. IMMM pro- ft- RIMMINOWN. PIT. m M. MMMM pf Page 210 of 234 Words stFuslettg are deleted, words underlined are added 9A �4 Page 211 of 234 Words stfuck thrett are deleted, words underlined are added U-1 W �.- ffA W .r" Ar _ ._ _ „ MINA _ MITICTIM MIMMM Tmnzr- Z3" T- %SFMr.TV.1 Page 211 of 234 Words stfuck thrett are deleted, words underlined are added (9A All PROM N I MIN a:: I-emee-M. _ _ T. VMV 11 I*rrr EMS. „. ---jjiijiijp im ON Nil! Page 212 of 234 Words s4..ek dwoug are deleted, words underlined are added l 9A 1 Page 213 of 234 Words stmek 9wougl3 are deleted, words underlined are added ar MW Will pol IMMMEMVIIN ., . . „ ... ... .. FVI-. IMF 1 Page 213 of 234 Words stmek 9wougl3 are deleted, words underlined are added ar MW Will pol IMMMEMVIIN 1 Page 213 of 234 Words stmek 9wougl3 are deleted, words underlined are added . . MY 4p. ON RON om MEN WN NO -- - - - - - FIM - - - Page 214 of 234 Words str ek dwough are deleted, words underlined are added 9A :. : . A ODOR ._ .. _ _ _ =I M M_ Mm Lo V.% M.. .0101 Q 11011- Page 215 of 234 Words stmea' gn are deleted, words underlined are added ._ _ _ _ =I M M_ Mm Lo V.% M.. .0101 Q 11011- Page 215 of 234 Words stmea' gn are deleted, words underlined are added 9A Page 216 of 234 Words struslgl3 are deleted, words underlined are added ...001 i �11 rd 001 a IVYTTMIM M. I. MEMM.M.7=31 110 .. . .... _ ffA J% MIlly 1-110-110-10 pr t ON TIM MVI.. Page 216 of 234 Words struslgl3 are deleted, words underlined are added TKWI .. REM-1; Mill M.WIMNOM 14 IF MIN Or .. - - - - -- ..... .. Page 217 of 234 Words stmt are deleted, words underlined are added a�3-4 Page 218 of 234 Words stmek thfou are deleted, words underlined are added -. - - - - .. ■ Le MINOR 1199 lei- - - - - - - - - - the Board County GemmissioneFs aGtiG-41�`�-M-CM.S.B.n�'I CS, of of wheR suGh Sete developmeRt time limits. ._ ■- plan in 10.92.03 of this Code. if GemmeRGed a6 speGified 6eGti9R .- the SDP may be approved ■P as amended remain Page 218 of 234 Words stmek thfou are deleted, words underlined are added 9A H r .. This section shall establish the required methods of providing public notice. Chapter 8 of the Administrative Code shall establish the public notice procedures for land use petitions. A. Neighborhood Information Meetings (NIM) shall be held prior to the first public hearing and noticed as follows: 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 10.03.05 B. 2. Newspaper Advertisement prior to the NIM. B. Mailed Notice. 1. Mailed Notice shall be sent to property owners in the notification area as follows: a. For areas in the urban designated area of the future land use element of the Growth Management Plan notices shall be sent to all property owners within 500 feet of the property lines of the subject property. b. For all other areas, notices shall be sent to all property owners within 1,000 feet of the property lines of the subject property. C. Notices shall also be sent to property owners and condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. 2. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County. Page 219 of 234 Words stmek 94Faug are deleted, words underlined are added . 9A : h Unless required by F.S. X125.66 (4), the mailed notice is a courtesy only and is not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or failure of an affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled. C. Newspaper Advertisement. 1. In accordance with F.S. §125.66. D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first advertised public hearing pursuant to the Administrative Code. SUBSECTION 3.UU. ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS Adding Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 10.03.06 Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entitv which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. 4 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. X125.66. B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: Page 220 of 234 Words sT�' through are deleted, words underlined are added � 9 A 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. C. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. §125.66. d. Posting of a sign prior to the first advertised public hearing. e. For a rezoning or a PUD amendment the County shall notify by mail each owner within the area covered by the ordinance or resolution of the time, place, and location of the public hearing before the BCC. C. Ordinance or resolution for a minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearinq Examiner, then pursuant to 10.03.06 B. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. C. Newspaper Advertisement prior to the advertised public hearing. e. Posting of a sign prior to the advertised public hearing. D. Ordinance or resolution for a PUD extension, conditional use extension, or conditional use re- review: 1. The followinq advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. Page 221 of 234 Words stmek thfoug n are deleted, words underlined are added 9A C. Postina of a sian prior to the advertised public hearing. Siqnaqe is not required for a conditional use re- review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. b. One or more BCC hearings pursuant to F.S. Chapter 163. 2. The following notice procedures are required: a. Small scale amendments: A NIM. which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission hearing. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. V. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. b. Regular scale amendments: A NIM. which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission adoption hearing for a site specific amendment. ii. Mailed Notice prior to the advertised Planning Commission hearing for a site specific amendment. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing for a site specific amendment. V. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. F. Ordinance or resolution for a variance or a sign variance: 1. The following advertised public hearings are required: Page 222 of 234 Words stmsleugl} are deleted, words underlined are added ► 9 A a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Mailed Notice shall be sent to property owners within 150 feet of the area covered by the ordinance or resolution prior to the first advertised public hearing. b. Newspaper Advertisement prior to each advertised public hearing. C. Posting of a sign prior to the first advertised public hearing. G. Ordinance or resolution for a parking exemption, pursuant to LDC section 4.05.02: 1. The following advertised public hearing is required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b Mailed Notice shall be sent to property owners within 150 feet of the subject site prior to the advertised public hearing. C. Newspaper Advertisement prior to the advertised public hearing. H Ordinance or resolution for a PUD Insubstantial Change (PDI) or Boat Dock Facility Extension Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b Newspaper Advertisement prior to the advertised public hearing. C. Posting of a sign prior to the advertised public hearing. I Ordinance or resolution for the establishment, amendment to or abandonment of a Development of Regional Impact (DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. Page 223 of 234 Words s..,,�«, ,.y thfoug ti are deleted, words underlined are added 2. The following notice procedures are required: a In accordance with F.S. $380.06 and the Florida Administrative Code. J Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the first advertised public hearin b Newspaper Advertisement prior to each advertised public hearing. The advertisement for the Planning Commission hearing shall include a protect location map. C. Posting of a sign prior to the first advertised public hearing. d The County shall notify by mail each owner within the area covered by the ordinance or resolution of the time place and location of the public hearings before the BCC. K Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted conditional or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: 1 The following advertised public hearings are required: a At least one Planning Commission hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings If there is only one Planning Commission hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings then at least one of the hearings shall be held after 5:00 p.m. on a weekday. b At least two BCC hearings At least one hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. 2 The following notice procedures are required: a Newspaper Advertisement prior to Planning Commission hearing including a project location map. Page 224 of 234 Words °trueli thfou gn are deleted, words underlined are added 9A �--i i The first Planning Commission hearinq shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place of a second public hearing shall be announced at the first public hearing. b. Newspaper Advertisement prior to the BCC hearings in accordance with FS � 125.66 (4) including a project location map. i. In lieu of the newspaper advertisement, the BCC may mail a written notice to property owners within the area covered by the ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 1. The following advertised public hearings are required: a. One BCC hearing. 2. The following notice procedures are required: a Newspaper Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. M Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendments: 1. The following advertised public hearings are required, except for minor amendments per LDC section 4.08.07: a. One EAC hearing, if required, pursuant to LDC section 4.08.07 F. b. One Planning Commission hearing pursuant to LDC section 4.08.07. C. One BCC hearing pursuant to LDC section 4.08.07. 2. The following notice procedures are required: a. An optional NIM. See LDC section 10.03.05 A. b. Newspaper Advertisement prior to each advertised public hearing pursuant to LDC section 4.08.06 F. N Ordinance or resolution for a mixed use project (MUP) located in the mixed use district overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15: Page 225 of 234 Words s,�..,,,.,�= are deleted, words underlined are added L 9A 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required. a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. C. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. O Affirmation or approval of a Zoning Verification Letter that allows a new use that is comparable, compatible, and consistent within a PUD. 1. The following advertised public hearings are required: a. One BCC or Hearing Examiner hearing. 2. The following notice procedures are required: a Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. X125.66. P. Official Interpretations, pursuant to LDC section 1.06.00. 1 The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan Land Development Code and the building code: a. Newspaper Advertisement. 2 The following notice procedures are required for the interpretation affecting a specific parcel of land. a Notification of affected property owner. Where a site specific official interpretation has been requested by a party other than the property owner, the County shall notify the property owner that an official interpretation has been requested. b For site specific official interpretations, Mailed Notice shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested. C. Newspaper Advertisement. Q Appeal of an Official Interpretation pursuant to LDC section 1.06.00. Page 226 of 234 Words stmek thfough are deleted, words underlined are added 19A 1. The followinq advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The followinq notice procedures are required: a Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. � 125.66. R Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. b Mailed Notice prior to the advertised public hearing. S. Post Take Plan, pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: a. Mailed Notice. Additional Mailed Notice details are established in LDC 9.03.07 D.3. b. b If a Planning Commission or Hearing Examiner hearing is required, a Newspaper Advertisement. 2 The following advertised public hearings may be required: a If a written objection is received one Planning Commission or Hearing Examiner hearing. T Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. 1. The following notice procedures are required: a. Mailed Notice. 2 The following advertised public hearings may be required: a If a written objection is received one BCC or Hearing Examiner hearing. U Automobile Service Station Waiver pursuant to 5.05.05, Alcohol Beverage Distance Waiver pursuant to 5.05.01 and Nonconforming Use Change pursuant to 9.03.02 D. Page 227 of 234 Words stmoL= are deleted, words underlined are added . 9A 10, 1 . The followinq advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing. SUBSECTION 3.W. AMENDMENTS TO 10.08.00 CONDITIONAL USES PROCEDURES Section 10.08.00 Conditional Uses Procedures, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.08.00 Conditional Uses Procedures A. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a zoning district as a conditional use if specific provision for such conditional use is made in the LDC. thus Zoning Gede All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. B. Applicability. Conditional use approval is required before the construction or establishment of a conditional use. C. Application. The Administrative Code shall establish the submittal requirements for a conditional use application. 1. Conditional use application processing time. An application for a conditional use will be considered 'open," when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the applicant withdraws the 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 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The Planning and Zoning Department will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of Page 228 of 234 Words stmek dirough are deleted, words underlined are added 9A a determination of "sufficiency." Further review of the request will be subject to the then current LDC. .. _ L- - - 7ee D. Findings. Of ZGRiRg Appeals, Tthe Planning Commission shall make a recommendation of approval approval with conditions or denial of the conditional use to the Board of Zoninq Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find+rg that the granting of the conditional use will not adversely affect the public interest and that a /r specific requirements goveming the individual pertaining to the conditional use, if , have been met by the petitioner_ and that, Page 229 of 234 Words stmek dwough are deleted, words underlined are added :rr loom . . OTC - - ■- - - - - - - - - - - _ ... ■_ _ -- - MM=r 04ft— - - - - - - - 1311M - - - - - - - Mr NP. IN .. .- .. _ L- - - 7ee D. Findings. Of ZGRiRg Appeals, Tthe Planning Commission shall make a recommendation of approval approval with conditions or denial of the conditional use to the Board of Zoninq Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find+rg that the granting of the conditional use will not adversely affect the public interest and that a /r specific requirements goveming the individual pertaining to the conditional use, if , have been met by the petitioner_ and that, Page 229 of 234 Words stmek dwough are deleted, words underlined are added �9A , #Further, that satisfactory provision and arrangement has been made senGeFning for the following matters, where applicable: 1. Consistency with the LDC this -Cede and Ggrowth Mn}anagement Pfflan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. E. Planning Commission actions. 1. Conditions and safeguards. In recommending approval of any-a conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with the LDC. this Zoning Gede. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of the LDC. this Zening Cede- 2 Denial by the Planning Commission If the Planning Commission shall recommend denial of a conditional use it shall state fully in its record its reason for doing so Such reasons shall take into account the factors stated in section 10 08 00 D above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. 3 Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. F Consideration by the Board of Zoning Appeals Upon receipt of the Planning Commission's report and recommendations the Board of Zoning Appeals shall make a finding that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the matters identified in LDC section 10.08.00 D were applicable. 1 The Board of Zoning Appeals shall approve by resolution or deny a petition for a conditional use The approval of a conditional use petition shall require 4 affirmative votes of the Board of Zoning Appeals. 2 If the Board of Zoning Appeals denies the conditional use, it shall state fully in its record its reason for doing so Such reasons shall take into account the factors stated in section 10 08 00 D above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. G. Expiration and re- review. Page 230 of 234 Words stFuek dwough are deleted, words underlined are added � 9 A Any A conditional use shall expire 5 years from the date of approval, of grant, if by that date the use for which the conditional use was granted has not been commenced. 2. Any A conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and /or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 3. The Board of Zoning Appeals may grant one 2 -year extension of an approved conditional use upon written request of the petitioner. 4 If a conditional use permit is approved with stipulations or conditions, a re- review of the permit stipulations or conditions shall take place in accordance with the resolution approving the conditional use permit or by request of the applicant. H. Public facility dedication. 1.4. RubliG faGility dediGation. The Board of County Commissioners may, as a condition of approval of the conditional use, require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and /or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and /or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the conditional use process. In any case, however, the County shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use. 3. The land set aside and /or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of reconsideration of approved conditional use and may result in a violation of the LDC this Code pursuant to section 8.08.00. Page 231 of 234 Words stmeak through are deleted, words underlined are added s. 4. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use. Iiiiiim e N-0;_ Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. Changes and amendments. The County Manager or We designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review,. and approval of a new conditional use application. - - - - -� -- _- - - - _ - Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. Changes and amendments. The County Manager or We designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review,. and approval of a new conditional use application. Page 232 of 234 Words stfuek t oug = are deleted, words underlined are added _,400-03-- 4, Page 232 of 234 Words stfuek t oug = are deleted, words underlined are added 19A SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida, with the exception of the explanatory footnotes which are informational only and not intended to be codified. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. Page 233 of 234 Words ek weag are deleted, words underlined are added 6eGt*OR 10.08.00 K. above. appliGable—, all nether-�� 10.02.03, requirements-. site development plan approval, aa.�.d SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida, with the exception of the explanatory footnotes which are informational only and not intended to be codified. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. Page 233 of 234 Words ek weag are deleted, words underlined are added 9At PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 24TH day of September, 2013. ATTEST:... °' ...... DWIGHT 15'' CLERK By.— jnJ. _r ' signature only, Ivy Approved as to form and legality: a �' ) (Jo— Heidi Ashton -Cicko Managing Assistant County Attorney 04 -CMD- 01077/1050 (9/16/13) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA III � �; Bv: GEORGIA A. HILIAR, E�VQ., Chair Page 234 of 234 Words 'Y° eugh are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -56 9A M which was adopted by the Board of County Commissioners on the 24th day of September, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of September, 2013. DWIGHT E. BROCK Clerk of Courts and�,�l,grk, Ex- officio to Bogd:.of County Commissiomes"' ; By: Martha Vergar, j Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Comity Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than NIonday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Caroline Cilek Growth Management Division Icalc 9/24/13 2. September 24, 2013 Agenda Item Number 9.A 3. County Attorney Office County Attorney Office CTO-13 _912-111 4. BCC Office Board of County Commissioners }�% 5. Minutes and Records Clerk of Court's Office Documents Attached -IJ EN PRIMARY CONTACT INFORMATION I ` Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Caroline Cilek Phone Number 252 -24 5 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was September 24, 2013 Agenda Item Number 9.A Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document Ordinance 2013 -56 (LDC amendment), Number of Original 2 Attached and Ordinance 2013 -57 (Admin Code) Documents Attached PO number or account number if document is a --�] ,, —5 ��? 90 � OU to be recorded J N/A INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 'Gar 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be IGIZI signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the `GAIC document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 'car signature and initials are required. 7.' In most cases (some contracts are an exception), the original document and this routing slip 'CZC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/24/13 and all changes made during the 'ca`C meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 1 C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 9A ORDINANCE NO. 2013 - 57 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -66 THAT CREATED AN ADMINISTRATIVE CODE FOR COLLIER COUNTY; PROVIDING FOR ADDITION OF SECTION 2- 13, FEES RELATING TO LAND DEVELOPMENT; PROVIDING FOR THE REPEAL OF EXHIBIT "A" RELATING TO FEES AND COLLIER COUNTY CONSTRUCTION STANDARDS MANUAL; PROVIDING FOR THE ADOPTION OF EXHIBIT "B ", ADMINISTRATIVE CODE FOR LAND DEVELOPMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION AND INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners ( "Board ") adopted Ordinance No. 2004 -66 on October 12, 2004, which created an Administrative Code for Collier County; and WHEREAS, the Board desires to revise the Administrative Code to provide for planning, zoning, engineering and environmental procedures. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT OF SECTION TWO OF ORDINANCE 2004 -66, CREATION OF, AND SUBSEQUENT AMENDMENTS, REVISIONS, OR MODIFICATIONS TO, AN ADMINISTRATIVE CODE. Section Two is hereby amended as follows: Sec. 2 -10. Administrative Code. A Collier County Administrative Code, authorized pursuant to F.S. § 125.74(1)0), Fla. Stat. (2004)- 2013 , is to be created and maintained by the County Manager as provided for in this Code. The classification and numbering system for cataloguing the provisions of the Administrative Code will be as specified by procedures set forth in an adopted Administrative Code prevision, as will be any procedures for the drafting and review of such provisions prior to their adoption. Sec. 2 -11. Amendment of Administrative Code. Updating Collier County and State of Florida contact information website links Growth Management Division's organizational structure or department titles may be done administratively y the Cognly Manager or designee. Typographical /Scrivener's errors corrections which do not affect the intent of the Administrative Page 1 of 4 Words r*� emss„ are deleted, words underlined are added G 9A Code's provisions may be authorized by the Counly Manager or designee, without need of further public hearing, by filing a corrected copy of the same with the Clerk to the Board. All other amendments, additions, revisions, or modifications required to maintain the Collier County Administrative Code will be made by resolution of the board adopted by majority vote at any regular or special meeting of the board. Such resolutions may be placed as an item on the regular, consent, or summary meeting agenda, as deemed appropriate by the County Manager in consultation with the County Attorney. Sec. 2 -12. Form of Administrative Code. All provisions of the Administrative Code are to be published on in a form as determined by the County anager or designee.: 6bstanAia" y similar- to that net fot4h in Exhib t_A, LJ\: _ � belo i 1 \J YY . Sec. 2 -13. wed fees Relating to Land Development. (a) Establishment of schedule of fees, costs and other charges. The board of county commissioners will from time to time as deemed necessary, establish and adopt a schedule of fees and charges for application and document processing, public meetings, public hearings other meetings and hearings transcripts approvals, denials, development permits, development orders development construction interpretations enforcement inspection services sales of documents review, resubmission and any other zoning or development related services, and any other services provided or costs incurred by or on behalf of the county as specified in this administrative code. (b) Maintenance and amendment of schedule. The schedule of fees costs and other charges shall be maintained in the county manager's office and shall be available for public inspection during normal business hours. Additional copies or part or all of the schedule of fees costs and other charges y be maintained in other appropriate Page 2 of 4 Words stmek t4ough are deleted, words underlined are added a 6 9A t-ii county departments. The schedule of fees, costs and other charges may be amended, modified or otherwise changed in accordance with the procedures of this administrative code. (c) Payment of fees, costs, and other charges. The appropriate fees costs and other charges specified in the schedule of fees, costs and other charges must be submitted with, and paid at the time of, initial application submission or other initial document submission except as otherwise specified in this administrative code or the schedule of fees costs, and other charges. The applicant, or if no applicant, the person requesting the county service document, or other item, will be responsible for the payment of all fees, costs and other charges identified in the schedule of fees, costs and other charges, except as expressly provided otherwise in this administrative code or the schedule of fees, costs, and other charges. The fees, costs, and other charges specified in the schedule of fees and costs and other charges will be twice the amount listed for petitions or requests applied for, or on approval after - the -fact, with the exception of minor after - the -fact yard encroachment requests. Until the applicable fees, costs and other charges have been paid in full, no action or activity of any type or kind will be taken on any other pending application, petition, or request. The provisions contained in this section do not apply to any impact fee regulations. SECTION TWO: REPEAL OF EXHIBIT "A" OF ORDINANCE 2004 -66, ADMINISTRATIVE CODE Exhibit "A" attached hereto and incorporated herein is hereby repealed in its entirety. All references to Collier County Construction Standards Manual shall hereafter refer to Chapters 4, 6 and 10 of the Collier County Land Development Code. SECTION THREE: ADOPTION OF EXHIBIT `B ", ADMINISTRATIVE CODE FOR LAND DEVELOPMENT The provisions contained in Exhibit "B ", attached hereto and incorporated herein are hereby adopted as the initial provisions of the Administrative Code for Land Development. SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of the Administrative Code adopted in Exhibit `B" should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event that this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive provisions will apply. If any phrase or portion of this Page 3 of 4 Words stmek &-ett are deleted, words underlined are added a 9A Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is to be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portion. SECTION FIVE: CODIFICATION AND INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance are to be made a part of the Collier County Code of Laws and Ordinances, except for the text of Exhibit `B" which shall be maintained by the County Manager or designee. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance will become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of SP, Ahor- , 2013. ATTEST ,�1�11j � t.. ^ "' BOA DWI GT :B4C; a,ERK CO AttE sigr.,..w„ „illy. Approved as to form and legality: V# a _� Heidi Ashton -Cicko A� Managing Assistant County Attorney CP\1 3-CPS-0 1246\1 1 -rev. 8/27/13 Page 4 of 4 OFgOUNTY COMMISSIONERS 4 C UN,TY„ FLORIDA A-A. HILLER, ESQ. Chairwoman Words s#aek dwoug are deleted, words underlined are added CPO �9A 1 of 22 C A�� Itra�MMM A— VA AvA 1 of 22 C A�� AvA pill pft 1 of 22 C A�� 0 9 A 4.6h d Mi 110 .0- 11101, WIN W-0 M I m P i k I F lfamom mon-ILM.Mms- R.P.11,11.11KNOW-flo 2 r.r.ww!Tm 1� W_ MI NO 011 1011 111M.' I imrar=vw". WIMM . ...... _.-OW d Mi 110 .0- 11101, WIN W-0 M I m P i k I F lfamom mon-ILM.Mms- R.P.11,11.11KNOW-flo 2 r.r.ww!Tm 1� W_ MI NO 1011 111M.' I imrar=vw". . ...... _.-OW _00 ... .. .. ... 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Introduction ....................................................................... ............................... 7 A. Purpose and Intent ............................................................................... ............................... 7 B. Amendments and Conflicts ................................................................... ............................... 8 1. Administrative Code Amendment .................................................... ............................... 8 2. Conflicts .............................................................................................. ..............................8 C. Reviewing Agencies ............................................................................... ............................... 8 1. Architectural Arbitration Board ........................................................ ............................... 8 2. Board of County Commissioners BCC 8 3. Board of Zoning Appeals (BZA) ......................................................... ............................... 8 4. Building Board of Adjustment and Appeals (BOAA) ......................... ............................... 9 5. Planning Commission ( CCPC) ............................................................ ............................... 9 6. Office of the Hearing Examiner ......................................................... ............................... 9 7. Growth Management Division ( GMD) .............................................. ............................... 9 8. Environmental Advisory Council (EAC) ............................................. ............................... 9 9. Development Services Advisory Committee (DSAC) ........................ ............................... 9 10. Historical Archaeological Preservation Board ................................ ............................... 10 D. Common Procedural Steps and Information ...................................... ............................... 10 1. Fees and Submittal Requirements .................................................. ............................... 10 2. Initiation of the Application ............................................................ ............................... 10 3. Pre - application meeting ................................................................. ............................... 10 4. Completeness and Processing Letter .............................................. ............................... 12 5. Staff Review .................................................................................... ............................... 12 6. Advisory Board or Agency Review .................................................. ............................... 12 7. Open and Closed Applications ........................................................ ............................... 12 8. Pre - Construction Conference ......................................................... ............................... 13 Chapter 2. Legislative Procedures ...................................................... ............................... 15 A. Comprehensive Plan Amendment ...................................................... ............................... 16 B. Land Development Code Amendment — Privately Initiated Text Amendments ................ 20 Chapter 3. Quasi - Judicial Procedures with a Public Hearing .............. ............................... 23 A. Appeal of an Official Interpretation of the Land Development Code . ............................... 24 B. Boat Dock — Including Boathouse Establishment, Dock Facility Extension, and Boat Lift Canopy............................................................................................ ............................... 25 21 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx ►9A C. Conditional Uses ( CU) .......................................................................... ............................... 30 C.1. Conditional Use Permit ................................................................... ............................... 30 C.2. Conditional Use Extension .............................................................. ............................... 35 C.3. Conditional Use Re- Review ............................................................. ............................... 38 D. Development of Regional Impact DRI 40 D.1. DRI Application — Establishment of a new DRI ............................... ............................... 40 D.2. DRI Abandonment ........................................................................... ............................... 43 D.3. DRI Amendment .............................................................................. ............................... 45 E. Mixed Use Project (MUP) — Public Hearing for use of Bonus Density Pool and /or other Deviations....................................................................................... ............................... 46 F. Parking Exemption —With a Public Hearing ........................................ ............................... 48 G. Planned Unit Developments (PUD) ..................................................... ............................... 51 G.1. Rezoning to a PUD .......................................................................... ............................... 51 G.2. PUD Amendment ............................................................................ ............................... 57 G.3. PUD Insubstantial Change ............................................................... ............................... 59 G.4. PUD Minor Change .......................................................................... ............................... 62 G.S. PUD Extension ................................................................................. ............................... 64 G.6. Zoning Verification Letter — PUD Comparable Use Determination ............................... 67 H. Rezoning —Standard ............................................................................ ............................... 69 I. Sign Variance ....................................................................................... ............................... 73 J. Variance ................................................................................................. .............................76 Chapter 4. Administrative Procedures ............................................... ............................... 79 A. Architectural Plans .............................................................................. ............................... 80 B. Coastal Construction Setback Line Permit .......................................... ............................... 81 C. Certificate of Public Facility Adequacy ( COA) ...................................... ............................... 83 C.1. COA for Roadways .......................................................................... ............................... 83 C.2. COA for Non - Roadway public facilities ........................................... ............................... 86 D. Early Work Authorization ( EWA) ......................................................... ............................... 87 E. Vegetation Removal Applications ....................................................... ............................... 89 E.1. Agricultural Land Clearing Permit ................................................... ............................... 89 E.2. Agricultural Clearing Notice ............................................................ ............................... 91 E.3. Cultivated Tree Removal Permit ..................................................... ............................... 93 E.4. Vegetation Removal Permit ............................................................ ............................... 95 3� I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx i9A E.5 Vegetation Removal and Site Filling Permit ( VRSFP) ...................... ............................... 98 F. Mixed Use Proiect —Administrative Approval .................................. ............................... 100 G. Official Interpretation of the Land Development Code ....................... ............................ 101 H. Sign Permit ........................................................................................ ............................... 103 I. Site Development Plan ...................................................................... ............................... 105 I.I. Conceptual Site Plan ( CSP) ............................................................ ............................... 105 1.2. Site Development Plans (SDP) ...................................................... ............................... 107 1.3. Site Improvement Plan (SIP) ......................................................... ............................... 116 1.4. Site Development Plan Amendment (SDPA) ................................ ............................... 119 1.5 Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SIPI) ....................................................................................... ............................... 121 J. Temporary Permits ............................................................................ ............................... 123 J.1. Amplified Sound Permit .................................................................. ............................... 123 J.2. Annual Beach Event Permit ............................................................ ............................... 125 J.3. Carnival/ Circus Permit ................................................................. ............................... 126 J.4. Film Permit ...................................................................................... ............................... 129 J.S. Model Homes and Model Sales Centers ......................................... ............................... 131 J.6. Special Events .................................................................................. ............................... 133 J.7. Temporary Uses during Construction ............................................. ............................... 135 K. Zoning Certificate .............................................................................. ............................... 137 L. Zoning Verification Letters ................................................................ ............................... 139 L.I. Zoning Verification Letter —Generally .......................................... ............................... 139 L.2. Zoning Verification Letter — Non- residential Farm Building ......... ............................... 141 L.3. Zoning Verification Letter — Fence Finished Side Out Waiver ...... ............................... 143 Chapter S. Subdivision Procedures .................................................. ............................... 145 A. Lot Split .............................................................................................. ............................... 146 B. Lot Line Adjustment .......................................................................... ............................... 148 C. Preliminary Subdivision Plat (PSP) .................................................................................... 150 1. Preliminary Subdivision Plat — Standard ....................................... ............................... 150 2. Preliminary Subdivision Plat Amendment ( PSPA) ......................... ............................... 154 D. Construction Plans and Final Subdivision Plat (PPL) ......................... ............................... 155 D.1. Construction Plans and Final Subdivision Plat —Standard ........... ............................... 155 D.2. Final Subdivision Plat — For Townhouse Fee Simple Development ............................. 167 41 I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A E. Construction Plans ( CNSTR) ............................................................... ............................... 171 E.1. Construction Plans —Standard ...................................................... ............................... 171 E.2. Insubstantial Change to Construction Plans (ICP) ........................ ............................... 174 F. Minor Final Subdivision Plat ( FP) ....................................................... ............................... 176 G. Plat Recording ................................................................................... ............................... 179 H. Vacation of Subdivision Plats ................................ ............................... ............................ 182 Chapter 6. Waivers, Exemptions, and Reductions ............................ ............................... 183 A. Administrative Fence /Wall Waiver (AFW) ........................................ ............................... 184 B. Administrative Parking Reduction ( APR) ........................................... ............................... 185 C. D. E. F. G. H. J. Administrative Parking Exemption ............................................ ............................... Administrative Variance ( AVA) .................................................. ............................... AlcoholDistance Waiver ........................................................... ............................... Alternative Architectural Design .................................. ............................... Automobile Service Station Waiver ............................. ............................... Nonconforming Use Change ( NUC) .............................. ............................... Site Plan with Deviations for Redevelopment Projects ( -DR) ..................... PostTake Plan .............................................................. ............................... ....... 187 ....... 190 ....... 192 ....... 194 .......196 .......198 .................. 201 .................. 203 K. Vested Rights Determination ............................................................ ............................... 206 Chapter 7. Supplementary Submittal Requirements for Land Use Applications ............... 207 A. Environmental Data Requirements for PUD Zoning and Conditional Uses ..................... 208 B. Traffic Impact Study (TIS) .................................................................. ............................... 209 C. PUD Annual Monitoring Report ........................................................ ............................... 210 D. Soil Erosion and Sediment Control Plan ............................................ ............................... 211 Chapter8. Public Notice .................................................................. ............................... 213 A. Generally ........................................................................................... ............................... 213 B. Neighborhood Information Meeting ................................................. ............................... 214 C. Mailed Notice .................................................................................... ............................... 216 D. Newspaper Advertisement ................................................................ ............................... 218 E. Posting of a Sign ................................................................................ ............................... 219 Chapter 9. Office of the Hearing Examiner — Procedures .................. ............................... 221 Chapter 10. Where to Find Current Information ................................ ............................... 227 Chapter 11. Contact Information ....................................................... ............................... 229 Chapter12. Acronyms ....................................................................... ............................... 231 5� I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Chapter13. Glossary ........................................................................... ............................... 233 Chapter14. Appendices ...................................................................... ............................... 235 AppendixA ................................................................................................ ............................... 235 6 P I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 1 9A Chapter 1. Introduction A. Purpose and Intent Collier County's Land Development Code (LDC) is the principal regulatory tool for implementing the County's Growth Management Plan (GMP). The LDC contains the standards and criteria that development must meet in the County. To ensure that all growth meets these standards, there are specific approval procedures for the various forms of development, ranging from simple, single -lot residences to large, multi - phased planned developments. The Administrative Code consolidates and identifies the procedures for approval to develop under the LDC. The Administrative Code for Land Development, hereafter referred to as the Administrative Code, is divided into 14 chapters. Each chapter comprises a genre of land use petitions or permits. Each Chapter is organized alphabetically to provide for ease of use. Cross references are provided for related land use petitions or permits where appropriate. The following list provides a breakdown of the Administrative Code by chapter: • Chapter 1 contains the intent of the Administrative Code and how to it is to be amended. This chapter also outlines Collier County's Reviewing Agencies and the Common Procedural Steps and Information necessary to submit and process a land use petition or permit. • Chapter 2 contains the land use petitions which are processed through a legislative procedure. • Chapter 3 contains the land use petitions and permits which are processed through a quasi - judicial procedure. • Chapter 4 contains the land use petitions and permits which are processed administratively by the Growth Management Division. • Chapter 5 contains the applications for the creation and completion of a subdivision. • Chapter 6 contains applications for waivers, exemptions, and reductions to LDC standards. • Chapter 7 contains supplementary submittal requirements for land use applications. • Chapter 8 contains information relating to public notice requirements for land use petitions. • Chapter 9 contains the procedures for the Office of the Hearing Examiner. • Chapter 10 identifies where to find current information. • Chapter 11 contains contact information. • Chapter 12 contains commonly used acronyms in the Administrative Code and the LDC. • Chapter 13 contains the glossary of terms, which are bolded throughout the Administrative Code. • Chapter 14 contains Appendices. The Administrative Code is available to download as an Adobe PDF file on the County's website: [TBD]. It is also available for purchase in print at the Growth Management Division, located at 2800 N. Horseshoe Drive, Naples, FL 34104. 71 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 1 Introduction The Code has visual cues that improve its readability. These include: Ga This symbol identifies a cross - reference to another Administrative Code chapter or another regulatory code. This symbol identifies explanatory materials /information that may help to explain or expand upon a provision of the Administrative Code. B. Amendments and Conflicts 1. Administrative Code Amendment The Administrative Code was adopted by the BCC as Ordinance [number TBD]. Amending Collier County and State of Florida contact information and website links may be done administratively by the County Manager or designee. Further, the County Manager or designee shall have the authority to update and correct Growth Management Division's organizational structure and department titles. All other amendments, additions, revisions, or modifications required to maintain the Administrative Code shall be made by resolution by the BCC and adopted by majority vote at any regular or special meeting. The resolutions may be placed as an item on the regular, consent, or summary meeting agenda, as deemed appropriate by the County Manager or designee in consultation with the County Attorney. 2. Conflicts Where the Administrative Code conflicts with the LDC or Growth Management Plan, the LDC or the Growth Management Plan shall prevail. C. Reviewing Agencies This section describes the various agencies that are involved in processing zoning and land development applications. 1. Architectural Arbitration Board The Architectural Arbitration Board, identified in LDC subsection 5.05.08 F assists with the Architectural Deviations and Alternative Compliance procedure. The Board consists of five voting members comprised of the following: two representatives from the Collier County Zoning staff, two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter). The Architectural Arbitration Board may provide the following: 1) Assistance to the County Manager in rendering a decision; and 2) An applicant may appeal the decision of the County Manager or designee to the Architectural Arbitration Board. 2. Board of County Commissioners (BCC) The BCC is the County's governing agency. It sets the County's land development policies by adopting and amending the Growth Management Plan and the LDC. It is also involved in quasi - judicial procedures, such as a rezoning, the establishment of PUDs, the creation of stewardship receiving /sending areas, and the establishment of Development of Regional Impacts, and other petitions as specified in the LDC. 3. Board of Zoning Appeals (BZA) The BCC acts as the Board of Zoning Appeals (BZA) for Collier County. The BZA processes and makes final decisions on zoning variances, appeals, conditional uses, nonconforming use amendments, flood variances, parking agreements, and other functions outlined in the Collier County Code of Laws and Ordinances section 2 -1171, F.S. § 67 -1246 and Laws of Florida, as amended. 81 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A Chapter 1 / Introduction 4. Building Board of Adjustment and Appeals (BOAR) The Building Board of Adjustment and Appeals (BOAR) is a decision- making body that makes final decisions on appeals related to the decisions of the building official, such as the manner of construction proposed to be followed, or materials to be used, and in the erection or alteration of a building or structure, pursuant to Code of Laws and Ordinances section 2 -1181. The BOAA consists of five members, appointed by the BCC, who have the necessary education and qualifications to review and render decisions related to the Florida Building Code and Florida Fire Prevention Code. 5. Planning Commission (CCPC) The Collier County Planning Commission is designated as the local planning agency for the County, as identified in the Code of Laws and Ordinances section 106 -1 and 2 -1156. The Planning Commission processes amendments to the Growth Management Plan, text amendments to the LDC, and makes a final decision on actions as specified in the Administrative Code and LDC. The Planning Commission also provides recommendations to the BCC on land use petitions where the BCC renders a final decision. 6. Office of the Hearing Examiner The Office of the Hearing Examiner is established in the Code of Laws and Ordinances section 2 -83 through 2 -90. The Hearing Examiner hears and makes final decisions and provides recommendations to the BCC as specified in ordinance 2013 -25 and in the Administrative Code. The procedures for the Office of the Hearing Examiner are established in Chapter 9 of the Administrative Code. 7. Growth Management Division (GMD) Most land use petition and permit applications begin the process with a review by the Growth Management Division. The Growth Management Division provides information and services associated with building permits, inspections, development plans, land use petitions, and investigations. The GMD provides guidance for the long- term use of land and public facilities to assure quality growth and to enhance the community's quality of life, pursuant to local ordinances and Florida State growth management laws. The following are the primary departments within the Growth Management Division: the Business Center, the Engineering Services Department, the Natural Resources Department, the Comprehensive Planning Department, the Planning and Zoning Department, Operations and Regulatory Management, which includes the Plan Review and Inspection Department, and the Code Enforcement Department. The Planning and Zoning Department is generally the initial point of contact for land use petitions and permits. The Plan Review and Inspection Department handles building permits. 8. Environmental Advisory Council (EAC) The Environmental Advisory Council acts in an advisory capacity to the BCC pursuant to Code of Laws and Ordinances section 2 -1191. The Collier County Planning Commission sits as the Environmental Advisory Council. Pursuant to Ord. 2013 -51, the EAC reviews matters dealing with regulation, control, management, use, or exploitation of natural resources within the County. It also reviews specific zoning and development petitions and their impact on the County's natural resources. 9. Development Services Advisory Committee (DSAC) DSAC is a fifteen member committee that was created in 1993 pursuant to Code of Laws and Ordinances section 2 -1031. This committee represents the various aspects of the development industry and may include architects, general contractors, residential or building contractors, environmentalists, land use planners, land developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors, structural engineers, and attorneys. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Growth 91 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A Chapter 1 Introduction Management Division and to serve as a primary communication link between the Growth Management Division, the development industry, and the citizens of Collier County. Terms are 4 years. 10. Historical Archaeological Preservation Board The Historical Archaeological Preservation Board (Preservation Board) is an advisory board to the BCC pursuant to Code of Laws section 2 -2000. The Preservation Board designates, regulates, and administers historical and archaeological resources in the County under the direct jurisdiction and control of the BCC. D. Common Procedural Steps and Information This section describes common information that applies to most of the review procedures identified in the Administrative Code. 1. Fees and Submittal Requirements The County charges fees for applications filed under the LDC. The BCC establishes the fees by resolution. The fee schedule is available for download on the County's website: http: / /www.colliergov .net /index.aspx ?page =128. The County will not accept an application until all of the required fees are paid. 2. Initiation of the Application Most applications are initiated by filing a County application form, along with all of the required information, with the Business Center within the Growth Management Division. Each section of the Administrative Code lists the corresponding application by name under "Initiation." 3. Pre - application meeting Applicability Where specified within the Administrative Code, applicants must attend a pre - application meeting with the Planning & Zoning Department before filing an application. The purpose of the meeting is to provide an opportunity for the applicant and the Planning & Zoning Department to informally review a proposed development and determine the most efficient method of review before substantial commitments of time and money are made in the preparation and submission of the application. The name of the planner assigned to the project shall be identified on the application once it is filed. The project planner is the main contact and their name should be referenced in any correspondence with the County regarding the petition. The project planner can be reached by calling the Business Center Front Desk, at 239 -252- 2400. The Planning & Zoning Department offices are located within the Growth Management Building at the following location: 101 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction Growth Management z Division 0 Planning & Zoning Department " 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2400 z RON OWkti Maples murwctpall Airport 9A Initiation of the pre - application meeting Applicants may request a pre - application meeting online, by calling the Planning & Zoning Department, or in person at the Business Center, which is located within the Growth Management Division Building. A pre - application fee is required at the time of the meeting. Applicants must complete a Pre - Application Request Form, or fill out the form on -line at http: / /apps2.colliergov.net /portal. The Planning & Zoning Department will contact the applicant within 2 working days to schedule a pre - application meeting. Pre - application meetings are held in the Growth Management Building in order to allow all appropriate County review staff to attend. Applicants may bring an agent(s) or another person they wish to have present at the meeting. At the pre - application meeting County Staff will review the proposed request, discuss the contents of application packet, indicate which submittal items are required, and the number of plans required for submittal. The submittal requirements vary by application type, so applicants are encouraged to hold off on completing the application packet until after the pre - application meeting. At the pre - application meeting, County Staff members will provide the applicant Pre - Application Meeting Notes, which outline the requirements discussed at the meeting. Issues to discuss The Planning & Zoning Department, review staff, and the applicant may discuss the following issues at the pre - application meeting: 1. The general nature of the proposed development. 2. Changes to the proposed development which need to conform to the LDC, the Growth Management Plan, or other County policies. 3. The review procedures that will apply, including the public hearing process, if applicable, the approximate length of the development review, and the approval process. 4. Federal, State, and local agencies that may review, comment, or require permits for the proposed development. 5. The type of information needed throughout the procedure, including surveys, plans, drawings, reports, the application form, and other supporting documentation. 6. The number of copies of the application and supporting information that the applicant must provide. 111 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 1 Introduction At the pre - application meeting, the Planning & Zoning Department will provide the applicant a checklist of submittal requirements discussed at the meeting. The applicant and the Planning & Zoning Department staff may discuss other issues as needed. Required Documentation Unless further specified in the Administrative Code, the applicant should bring a conceptual plan of the project, aerial photographs of the property, and preliminary environmental data, depending on the type of application. 4. Completeness and Processing Letter Prior to the submittal of the application, the Business Center will determine if the application is complete and that the materials identified on the Pre - Application Meeting checklist and notes are included with the application. If the application is incomplete, the applicant must obtain all of the requirements prior to the submittal of the application. The Business Center will not accept or process an incomplete package. Once the application has been accepted by the County and the fees have been paid, the application has begun processing and the applicant will receive a Processing Letter. This letter identifies the petition number, (i.e. PL201200000) and the assigned planner /project manager. The petition number should be noted on all future correspondence regarding the application. The letter is generally received within 10 days of submittal. 5. Staff Review Once the application has been processed, County Staff will review the application to determine whether the application is sufficient or insufficient in one or more areas. This is considered the "first set of review comments" by County Staff. The purpose of this review is to ensure that the application complies with the standards for approval and /or the findings of fact pursuant to the LDC. This review is also designed to prevent the application from unnecessary delays in the process. If the application is insufficient, the Planning & Zoning Department will notify the applicant of the deficiencies through the review comment process. For administrative applications, County Staff, acting on the behalf of the County Manager may approve or deny the application based on the criteria provided in the LDC. While the Planning & Zoning Department is the agency that is primarily involved in administering and enforcing the Growth Management Plan and the LDC, other State or regional agencies may be responsible for certain types of applications. 6. Advisory Board or Agency Review If the petition requires review by the EAC, Planning Commission, BCC, BZA, the Hearing Examiner, or other advisory County board or agency, County Staff prepares a specialized report for each Board. For example, a Staff Report for the Planning Commission contains information identified in the application, whether the project is consistent with the Growth Management Plan, an analysis of the request, legal considerations, recommendations by the County, and any recommendations of another reviewing body. If the application is to be reviewed by the BCC, Staff prepares an Executive Summary which is a condensed version of the Staff Report and includes recommendations of the EAC, if applicable, and the Planning Commission. 7. Open and Closed Applications An application is considered "open" when the Processing Letter has been provided to the applicant and /or agent. The Planning & Zoning Department assigns an open application and petition processing number. An application is considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing, or otherwise actively pursue the application for a period of 6 months, unless the particular process assigns a different time period. A closed application will not receive further processing and is considered withdrawn. The Planning & Zoning Department will notify the 121 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx am& Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction applicant of closure in writing. However, the failure of the Planning & Zoning Department to notify the applicant does not eliminate the "closed" status of an application. The applicant can reopen a closed application by submitting a new application and repaying the application fees. Further review of the request is subject to the then current LDC. 8. Pre - Construction Conference The Pre - construction conference applies to all development projects that include infrastructure improvements, including but not limited to: site development plans (SDP), site development plan amendments (SDPA), site improvement plans (SIP), plans and plats (PPL), plans and plat amendments (PPLA), and construction plans (CNSTR). Following approval of the plans, the applicant shall pay the inspection fees and the Engineer of Record shall submit to the Business Center an affidavit that the plans and documents approved by Collier County are consistent with those approved by all State and Federal agencies. The Engineering Services Department shall contact the applicant to schedule a pre- construction conference. The applicant shall bring all approved County plans and permits and copies of all State and Federal permits for the project to the meeting. At the meeting, the applicant and the Engineering Services Department will coordinate construction activities and will discuss the timeline for the inspection of the improvements. The applicant, the applicant's contractors, and representatives from all affected utilities are encouraged to attend the meeting. 131 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A 14 This page intentionally left blank. Page No. ILI 9 A �? Chapter 2. Legislative Procedures The petitions identified in this Chapter require a public hearing by the Board of County Commissioners. 151Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A Chapter 2 Legislative Procedures f ` A. Comprehensive Plan Amendment Reference F.S. § 163.3177— 163.3187, 125.66 and LDC Public Notice subsection :" ;C_,,031,Jt and the Collier County Growth Management Plan (GMP). d Note: The Florida Department of Economic Opportunity (DEO) website contains procedures, forms, and technical assistance regarding State of Florida review and requirements. For State related Comprehensive Plan Amendment information refer to: http: / /www.floridajobs.org /community - planning -and- development/ programs /comprehensive - planning. Applicability This procedure applies to a request to amend the GMP whether initiated by the County or a private landowner. A comprehensive plan amendment does not authorize development. There are several categories of plan amendments, including but not limited to: • Small Scale Amendment: A plan amendment that involves 10 acres or less and other criteria set out in F.S. § 163.3187(1). Generally, small scale amendments are for maps and may include text changes. o Small scale amendments that involve 10 acres or less may be site - specific amendments. Regular Amendment: A plan amendment that changes the goals, objectives and policies; a map change; or any other material in the plan, and falls within one of the categories described in F.S. § 163.3184(2) and 163.3184(3). Notice— 1. Newspaper Advertisement: The legal advertisements shall be published at least 15 161Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx o Regular amendments may be site - specific amendments. • DRI Companion Amendment: A plan amendment that is directly related to a DRI. This is processed concurrent with the DRI application. gSee Chapter D.3 of the Administrative Code for more information. Pre - Application A pre - application meeting is required. Initiation The applicant files an "Application for a Request to Amend the Collier County Growth Management Plan" with the Comprehensive Planning Section of the Planning and Zoning Department. Application The application shall include the draft amendment text and /or map amendment and all Contents data and supporting materials that justify the amendment. � Note: Refer to F.S. § 163.3163 et. seq. for State requirements. Completeness and The Comprehensive Planning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the required Application fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice— 1. Newspaper Advertisement: The legal advertisements shall be published at least 15 161Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx i 9A t-1 Collier County land Development Code I Administrative Procedures Manual Chapter 2 Legislative Procedures ->;:Ao days before the Planning Commission and BCC public hearings dates. The a <, am e: for advertisements shall include at a minimum: `aP aIn `'' ' _" ` • Clear explanation of the proposed ordinance or resolution as it affects the subject property; • Date, time, and location of one or more public hearings; • 2 in. x 3 in. map of the project location; and • The required advertisements must be at least 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisements must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. 'C 4 cr . , Notification requirements are as follows. q See Chapter 8 of the Administrative Code for spec!" "' additional notice information. Anicnd`a`�'nt 1. NIM: The NIM shall be completed at least 15 days before the first advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. The NIM is only for site- specific amendments. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings. The advertisement shall include at a minimum: • Clear explanation of the proposed ordinance or resolution as it affects the subject property; • Date, time, and location of one or more public hearings; • 2 in. x 3 in map of the project location, if site specific; and • The required advertisements must be at least 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. 4. Mailed Notice: The County shall send written notice by mail to each real property owner within the area covered by the proposed plan amendment at least 15 days before the advertised BCC public hearing date. S. Sign: (see format below) Posted at least 15 days prior to the advertised public hearings. Two distinct signs shall be posted for the transmittal hearings and the adoption hearings. The first sign shall be posted before the first Planning Commission hearing on the GMP transmittal to DEO. A second sign shall be posted before the Planning Commission hearing on the GMP adoption. 17 I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A 0 Collier County Land Development Code I Administrative Procedures Manual Chapter 2 Legislative Procedures PUBLIC HEARING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN PETITION NUMBER: TO Al I OW: _ (Request - Sufficiently clear to describe the project) LOCATION: _ DATE: TIME: CONTACT; THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3239 TAM IAMI TRAIL EAST, NAPLES, FLORIDA, 34112. Notice — 1. Newspaper Advertisements: The legal advertisements shall be published at least 15 Regular days before the Planning Commission and BCC transmittal and adoption public Amendment hearings. The advertisement shall include at a minimum: • Clear explanation of the proposed ordinance or resolution as it affects the subject property; • Date, time, and location of one or more public hearings; • 2 in. x 3 in. map of the project location, if site specific; and • The required advertisements must be at least 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. Public Hearings for 1. The EAC shall hold at least 1 advertised public hearing, if required. Small Scale Amendment 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Public Hearing for Regular Amendments require two sets of public hearings, transmittal hearings and Regular adoption hearings. Amendment 1. Transmittal Public Hearings: • The EAC shall hold at least 1 advertised public hearing, if required. • The Planning Commission shall hold at least 1 advertised public hearing. • The BCC shall hold at least 1 advertised transmittal public hearing. 2. Adoption Public Hearings: • The EAC shall hold at least 1 advertised public hearing, if required. 181 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 2 / Legislative Procedures • The Planning Commission shall hold at least 1 advertised public hearing. • The BCC shall hold at least 1 advertised adoption public hearing. L ec, i• i3 o,oVer The BCC, following recommendations from both the EAC, if required, and the Planning Commission. kevie 1. Transmittal of Amendment to DEO: • The Comprehensive Planning Section will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the petition for review. • Following the recommendation by the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. • Small Scale Amendments are not subject to a review by DEO and may be adopted by the BCC at the first advertised public hearing. A Regular Amendment is reviewed by the BCC at a transmittal hearing and if approved, the amendment is sent to DEO and other review agencies for review in accordance with F.S. § 163.3184(3) and (4). 2. Adoption of Amendment: Following review by DEO and other review agencies, the Comprehensive Planning Section will prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the amendment and comments from DEO and other review agencies for review. Following the recommendation by the EAC, if required, and the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule an adoption hearing before the BCC. If the amendment is adopted, the amendment is sent to DEO and the review agencies in accordance with F.S. § 163.3184(3) and (4). j:, iteri-3 The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164, et seq., the State Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. =< -x <* See F.S. § 163.3184(3) and (4). q See F.S. § 163.3191 if the plan amendment is an update that results from an evaluation and appraisal report. A y r. a, ,, Affected persons may file an administrative challenge as described in F.S. § 163.3184(5). Small scale amendments may be administratively challenged pursuant to F.S. § 163.3187(5) (a). J, n, ated 19�, I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 2 l Legislative Procedures B. Land Development Code Amendment - Privately Initiated Text Amendments Reference LDC section LDC Public Notice subsection r , F.S. § 163.3202, and F.S. § 125.66. q See LDC section for County Initiated Text Amendments. Applicability Amendments that supplement, change, or repeal the text of the LDC. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Application for Amendment to the Land Development Code." Application The application must include the following: Contents 1. Applicant Contact Information. 2. Completed LDC Amendment Request form. 3. Changes to the LDC shall be identified in a strikethrough /underline format. Strikethrough language represents removal and underlined language represents new language. All cross references to the section in the LDC shall be checked and amended if necessary. Completeness and The Growth Management Division will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice for Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Amendments which additional notice information. affect 10 acres or 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 less of land and do days before each advertised public hearing in a newspaper of general circulation. The not change the list advertisement shall include at a minimum: of permitted, conditional or • The title of the proposed ordinance or resolution; prohibited uses . Date, time, and location of the hearing; and within a zoning category • Places(s) within the county where the proposed ordinance may be inspected by the public. Notice for Notification requirements are as above, with the addition of: Amendments which . 2 in. x 3 in. map of the project location of which amends the Zoning Atlas affect 10 acres or more of land and do and /or changes the permitted, conditional, and prohibited uses within change the list of a zoning category in the County. permitted, conditional or prohibited uses within a zoning 201 Page I:\Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx The DSAC reviews the amendment application in a public meeting and makes a recommendation to the BCC. The EAC reviews the amendment application if the proposed change includes an environmental component in accordance with Collier County Code of Laws section 2 -1193. The EAC makes a recommendation to the BCC. The Planning Commission reviews the application for consistency with the GMP and makes a recommendation to the BCC. The BCC shall review the application and the recommendations by the advisory boards. The BCC may approve, approve with revisions, or deny the proposed ordinance or resolution. m'a ctivc y =:= Per F.S. § 125.66, the ordinance must be filed with the Florida Department of State, Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective date is the date it is filed with the State, unless a date is specified in the ordinance. 21 . I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 2 / Legislative Procedures °ubii ?'. , s,„ er 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. O r °=t{ lan d } 'd d^` 3. The BZA shall hold at least 1 advertised public hearing. Yid?Y�i if...t W .. .f ',Jo0cc fi'. r 1. The EAC shall hold at least 1 advertised public hearing, if required. An ,r�rYlE �L ..C, .4 2. The Planning Commission shall have at least 1 advertised public hearing. The Planning �idr ' Commission may elect by a majority decision to hear such ordinance or resolution at 2 Ewa d advertised public hearings. If there is only 1 advertised public hearing, the hearing Ch ,:; the I w „o shall be held after 5:00 p.m. on a weekday, and if there are 2 advertised hearings, then at least 1 of the advertised public hearings shall be held after 5:00 p.m. on a weekday. 3. The BBC shall have at least 2 advertised public hearings. At least 1 advertised public '" in`= hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus 1 vote elects to conduct that hearing at another time of day. The BCC, following the recommendations from both the EAC, if required, and the Planning Commission. Staff reviews the amendment application and provides a recommendation. The DSAC reviews the amendment application in a public meeting and makes a recommendation to the BCC. The EAC reviews the amendment application if the proposed change includes an environmental component in accordance with Collier County Code of Laws section 2 -1193. The EAC makes a recommendation to the BCC. The Planning Commission reviews the application for consistency with the GMP and makes a recommendation to the BCC. The BCC shall review the application and the recommendations by the advisory boards. The BCC may approve, approve with revisions, or deny the proposed ordinance or resolution. m'a ctivc y =:= Per F.S. § 125.66, the ordinance must be filed with the Florida Department of State, Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective date is the date it is filed with the State, unless a date is specified in the ordinance. 21 . I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A "i4, This page intentionally left blank. Page No. 21 9A Chapter 3. Quasi - judicial Procedures with a Public Hearing Land use petitions require a public hearing where the applicant and affected property owners are allowed to speak and provide testimony about the application. The County's decision - making agency is similar to a judge presiding over a trial, and its decision is based on the record. Quasi - judicial hearings are pursuant to law and provide for the following: 1. The record may include the application materials, County Staffs recommendation, and may also include written reports, and the fact —based testimony of any witnesses (expert or otherwise) that speak at the public hearing. The applicant or the agent has the burden of providing a written record. 2. The applicant has an opportunity to be heard in person and through counsel, to present evidence of its case, and to rebut the case presented by opposing parties. 3. Cross — examination of adverse witnesses is allowed. The chairman or presiding officer of the decision - making agency may reasonably control the amount of time and type of questions asked during cross - examination. 4. Exparte communications must be disclosed by members of the advisory boards or decision making agency pursuant to law. 23 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx C 9 A �? Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing A. Appeal of an Official Interpretation of the Land Development Code Reference LDC subsection . i L�, LDC section ,_ Gi, LDC Public Notice subsection _. l� and Code of Laws section 250 -58. Applicability This process allows an applicant to appeal an Official Interpretation to the Hearing Examiner. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Appeal Application for Official Interpretation" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Interpretation number. 3. A narrative describing the request, the legal basis for the appeal, the relief sought, including any pertinent information, exhibits, and other backup information in support of the appeal. 4. Electronic copies of all documents. Completeness and After submission of the completed application packet accompanied with the required Processing of fee, the applicant will receive an electronic response notifying the applicant that the Application petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the appeal. The tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • 2 in. x 3 in. map of the project location, if site specific. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. q See Chapter 9 for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the appeal and identify whether additional materials are needed. Staff will prepare a Staff Report to present to the Office of the Hearing Examiner for a decision. Updated 241 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing B. Boat Dock - Including Boathouse Establishment, Dock Facility Extension, and Boat Lift Canopy Reference LDC sections ?L6 ?, and LDC Public Notice subsection a J : ,. Applicability There are four types of permits for a boat dock facility and related structures: 1. Dock Facility Extension 2. Dock Facility with a Boathouse 3. Boat Lift Canopy 4. Boat Lift Canopy Deviations Pre - Application A pre - application meeting is required. Initiation The applicant files one of the following applications with the Planning & Zoning Department: 1. "Dock Facility Extension or Boathouse Establishment Petition Application and Submittal Instructions," or 2. "Boat Lift Canopy Application" for a Boat Lift Canopy or a Boat Lift Canopy Deviation, or 3. Non - residential dock facility requests must submit the "Dock Facility Extension or Boathouse Establishment Petition Application and Submittal Instructions" and comply with LDC section 5.03.06, as part of the Site Development Plan application. Application The application must include the following: Contents for Boat Dock Establishment 1. Applicant contact information. with a Boathouse and /or a Dock 2. Property information, including: Facility Extension . Property identification number; • Section, township, and range; • Subdivision, unit, lot and block; and • Address of subject site. 3. Zoning information, including: • Current zoning and land use of subject property; and • Adjacent zoning and land use. 4. Site information, including: • Waterway width and where the measurement came from; • Total property water frontage; • Measurement of provided and required setbacks; • Total protrusion of proposed facility into water; 251 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing • Number and length of vessels to use facility; and • Additional dock facilities in close proximity of subject property and the total protrusion of each into the waterway. S. Narrative description of the project. 6. Signed and sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths (no less than 5 foot increments). 7. Pursuant to LDC subsection 5.03.06 I, a submerged resources survey, as applicable. 8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 9. Site Plan illustrating the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW /MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of the navigable channel; • Illustration of the contour of the property; and 26 c I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx • Illustration of dock facility from both an aerial and side view. 10. Narrative response to listed criteria /questions. 11. Signed and notarized affidavit by property owner or agent. 12. Addressing checklist. 13. Electronic copy of all documents. 14. Copies for the Hearing Examiner as identified on the Submittal Checklist. Applii aC -', ; The Boat Lift Canopy and the Boat Lift Canopy Deviation application must include the ractents f# , 6ssat following: Lift Canopy ,3;' 1. Applicant contact information. 2. Property information, including: • Property identification number; • Section, township, and range; • Subdivision, unit, lot and block; and • Address of subject site. 3. Current zoning and land use of subject property. 26 c I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 27 g I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing 4. Survey, signed and sealed showing any existing dock facility. S. Scale drawing of the proposed canopy showing all dimensions. 6. Sample of the fabric for color review. 7. Addressing checklist. Corr,sie,ier.css andi The Planning & Zoning Department will review the application for completeness. After P occ_ssing a submission of the completed application packet accompanied with the required fee, the Apphi —i ,-�:. applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. fu,,, '3,, at Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Dock - Aablisn rant additional notice information. w th a 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. The County Lift Car "i`'' will mail the letters at the applicant's expense. The advertisement shall include at a minimum: • Date, time, and location of the Hearing Examiner hearing; • Petition number; • Extension and total protrusion of the facility; and • Date by which written comments must be filed with the Planning & Zoning Department. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation for the following petitions: Boat Dock Establishment with a Boathouse, Boat Dock Extension, or Boat Lift Canopy Deviation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Petition number; • Address of the facility; • Extension and total protrusion of the facility; • 2 in. x 3 in. map of the project location; and • Date by which written comments must be filed with the Planning & Zoning Department. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. 27 g I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A td, Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing BDE- PL20120000000: [Name) Boat Dock Extension - Applicant is requesting a [number]- foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of [number] feet for Lot [number], Block (letter] of the [location]. DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing for the following. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. • Dock Facility with a Boathouse; • Dock Facility Extension; and • Boat Lift Canopy Deviation. 2. No hearing is required for a Boat Lift Canopy application. 3. For non - residential dock facilities, compliance is determined as part of the site development plan application. A public hearing is not required. Decision Maker 1. The Hearing Examiner may approve: • Dock Facility with a Boathouse • Dock Facility Extensions • Boat Lift Canopy Deviations 2. The County Manager or designee may approve: • Boat Lift Canopies • Non - residential Boat Dock Facilities Review Process 1. The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a Staff Report to present to the Office of the Hearing Examiner for a decision for the following petitions: • Dock Facility with a Boathouse; • Dock Facility Extensions; and • Boat Lift Canopy Deviations. 2. The Planning & Zoning Department will review the application, identify whether additional materials are needed, and prepare a letter of determinations utilizing the 281 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing criteria identified in LDC section 5.03.06 for the following: • Boat Lift Canopy; and • Non - residential Dock Facility, as part of the site development plan application. 9A A 29 1 P I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 19A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing C. Conditional Uses (CU) C.1. Conditional Use Permit Reference LDC section DD. LDC Public Notice subsection cr IL, and F.S. § 163.3202 Applicability A conditional use permit is required if the proposed use or development is eligible as a conditional use or a minor conditional use in the applicable zoning district. Pre - Application A pre - application meeting is required. Initiation The applicant files an "Application For Public Hearing For. Conditional Use" Application The petition should include material necessary to demonstrate that the approval of the Contents conditional use will be in harmony with the general intent and purpose of the LDC, 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. The application must include the following: 1. Applicant contact information. 2. Addressing Checklist. 3. A cover letter briefly explaining the proposed project. 4. Disclosure of ownership. S. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. Pre - application meeting notes. 8. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly. 9. PUD Ordinance and Development Commitment information, if applicable. 10. A written petition that shows how the proposed use satisfies the findings outlined in LDC section 10.08.00. 11. Property information, including: • Legal description; or if the conditional use involves only part of a PUD, only a legal description for the subject portion is required; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and 301 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing • Size of property in feet and acres. 12. if the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • Legal description; • Property identification number; • Section, township and range; and • Subdivision, unit, lot and block, or metes and bounds description. 13. Zoning information, including: • Adjacent zoning and land use 14. Conditional Use request detail, identifying current zoning district, type of use and present use of property. 15. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year preceding the application, and the nature of that hearing. 16. 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 does not replace the site development plan (SDP) required by Chapter 4 of the Administrative Code. 17. Completed Statement of Utility Provisions. 18. Plans showing proposed locations for utilities. 19. Plans for screening and buffering the use with reference as to type, dimensions, and character. 20. Plans showing the proposed landscaping and provisions for trees protected by County regulations. 21. Plans showing the proposed signs and lighting, including type, dimensions, and character. 22. Environmental Data Requirements. C:�SeeLDC subsection 3.08.O0A. 23. Environmental Data Requirements for PUD Zoning and Conditional Uses q See Chapter 7 of the Administrative Code. 24. Recent aerial photographs must be legible at the scale provided. The aerial shall identify plant and /or wildlife habitats and their boundaries. The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. 25. An Architectural Rendering of proposed structures, if applicable, G See Chapter4 A. of the Administrative Code. 26. Traffic Impact Study q See Chapter 7 of the Administrative Code. 27. If the property is located within an area of historical or archaeological probability, as identified at the pre -app meeting, a historical and archeological survey or waiver 31 e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx f 9A b Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing application. 28. if the zoning district places additional requirements on the requested use, include documentary evidence that those requirements are met. 29. Permits: All Federal, State, and local permits shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting. 30. Owner /agent affidavit as to the correctness of the application. 31. Electronic Copy of All Documents. a,pietet <st The Planning & Zoning Department will review the application for completeness. After d Pr ,s,sistiti e fc submission of the completed application packet accompanied with the required fee, the Auk l:,:K tion applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. of w fc.ir iv r Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Conuitionai UsIc additional notice information. netitions 1. NIM: The NIM shall be completed at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. 4. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. 32 1 P I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx � 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi- Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PEI ITION NUMBER: TO PERMIT: - - - -�— —� (Request SUlhciently clear to ciev ribe the project) LOCATION: _- - - - -,- DAFL. _ TIML: CONTA( 1: I HE ABOVE TO BE HELL) AT 'THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Notice for all Notification requirements are as follows. q See Chapter 8 of the Administrative Code for other Conditional additional notice information. Use petitions 1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location for the Planning Commission advertisement. Sign: (see format below) Posted at least 15 days before the advertised public hearing date. 331 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 19A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing PUBLICHEARING REQUESTING REZONE APPROVAL PETITION NUMBER: TO ALLOW: (Request - SufficientIVclear to describe the project) LOCATION: DATE: TIME: CONTACT: _ THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA, 34112. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. C�See Chapter of for Minor the Administrative Code for the Office of the Hearing Examiner procedures. Conditional Use 4 Minor Conditional Uses are defined in LDC section: >.:��- ; %.�.:�. petitions Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. for all other 2. The Planning Commission shall hold at least 1 advertised public hearing. Conditional Use petitions 3. The BZA shall hold at least 1 advertised public hearing. Decision maker The Hearing Examiner. for Minor Conditional Use petitions Decision maker The BZA, following a recommendation from both the EAC, if required, and the Planning for all other Commission. Conditional Use petitions Staff Review The Planning & Zoning Department will review the application, identify whether additional Process materials are needed, prepare an Executive Summary, and schedule a hearing date before the appropriate body to present the petition for review. Recording of Within 30 days of approval of the conditional use, the owner or developer at its expense shall Developer record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the conditional use. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, F.S. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Updated 341 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx I 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing C.2. Conditional Use Extension Reference LDC section and '. and LDC Public Notice subsection sn �Ob i.'. Applicability This establishes a process to extend the life of an approved conditional use permit. Pre - Application A pre - application meeting is required. Initiation The applicant files an "Application For Public Hearing Conditional Use Extension" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership information. 3. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 4. Property information, including: • Legal description; • Property identification number; • Plat book and page number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and • Size of property in feet and acres. 5. Zoning information, including: • Zoning of adjacent properties when original Conditional Use was approved; • Land use of adjacent properties when original Conditional Use was approved; • Current zoning of adjacent properties; and • Current land use of adjacent properties. 6. Two copies of a signed and sealed boundary survey (completed within the last 6 months, maximum 1 in. = 400 ft. scale) if required to do so at the pre - application meeting. 7. Conditional Use extension request detail, , identifying current zoning district, type of use and present use of property. 8. Copies of Warranty Deed(s) for the current property owners. 9. A narrative statement describing the request for conditional use extension and how it meets the criteria discussed in LDC section 10.08.00. 10. How the request remains consistent with the applicable sections of the LDC 351 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A -� Collier County Land Development Code ( Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing and GMP, including the future land use element; any GMP amendments since the approval of the conditional use; identify any development /redevelopment that has occurred on adjacent parcels and what effect, if any, an extension would have on those uses; and any additional relevant information. 11. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year preceding the application, and the nature of that hearing. 12. Cover letter briefly explaining the project. 13. Pre - application meeting notes. 14. A site plan (measuring no larger than 24 in. x 36 in.) and a conceptual site plan measuring 8% in. x 11 in. 15. Owner /agent affidavit as to the correctness of the application. 16. Traffic Impact Study G*See Chapter 7 of the Administrative Code. 17. Electronic copy of all documents. 18. Copies of the previously approved conditional use site plans, and one reduced 8% in. x 11 in. copy of the site plan. The applicant shall provide additional copies of the plan upon completion of Staff's evaluation for distribution to the Board, if requested by the staff planner. 19. The resolution that approved the conditional use. 20. A copy of the original application for the conditional use. and The Planning & Zoning Department will review the application for completeness. `rc::c:essin of After submission of the completed application packet accompanied with the rypiicaticn, required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. N, tic fjxr Minor Notification requirements are as follows. q See Chapter8 of the A dm inistrative "Gill d ti Mal Usc Code for additional notice information. `'n`i ali other 1. Mailed Notice: Written notice shall be sent to property owners in the "dffionai Use notification area at least 15 days before the advertised public hearing. xi,_.wsis,t; petitionY; 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • Description of the proposed land uses. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. 3 6 1 P I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code Administrative Procedures Manual Chapter 3/ Quasi-Judicial Procedures with o Public Hearing PUBLIC HEARING REQUESTING PFT|T ION NVMBER: TO PERMIT: (Reqoe,,( \uUxxnily,ku/ iode�cnbe ihepuxocU LOCATION: DA|L:T|K4[�______________ CON TAC T: TME ABOVE TO8[HELDATTHLG ROW [H MANAGEMENT DIVISION BUILDING, J80ON. HORSESHOE UK, NAPLES, Fi34l040RASOTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold ot least 1 advertised public hearing. **See Chapter 9of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. ReviewProcess The Planning& Zoning Department will review the application, identify whether additional materials are needed and prepare a Staff Report to present to the Office of the Hearing Examiner for adecision. Updated A wr 37|Page [9A , Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing C.3. Conditional Use Re- Review Reference LDC section.--,':- Cu. J,J and ` u and LDC Public Notice subsection 1,101' 6 Applicability If a Conditional Use is approved with stipulations, the Conditional Use is reviewed to determine whether the applicant has met the conditions of approval or whether additional stipulations are necessary. The Hearing Examiner will establish the time period or dates when the conditional use is subject to review. This is a mandatory procedure for any applicant holding a valid conditional use permit that has stipulations. Pre - Application A pre - application meeting is required. Initiation The applicant files a "Conditional Use Re- review" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant Contact Information. 2. A letter describing the request. 3. All documents necessary to address the conditions or stipulations. 4. Pre - application meeting notes. 5. Addressing checklist. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice for Minor Notification requirements are as follows. C* See Chapter 8 of the Administrative Conditional Use Re- Code for additional notice information. Review petitions and for all other 1. Newspaper Advertisements: The legal advertisement shall be published at Conditional Use Re- least 15 days before each advertised public hearing in a newspaper of general Review petitions circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • Description of the proposed land uses. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. pSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. 381 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx �9A �. Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing € view P, aces,,, The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a Staff Report to present to the Office of the Hearing Examiner for a decision. 39 1 P I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 1 9A Rl Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing D. Development of Regional Impact (DRI) D.1. DRI Application - Establishment of a new DRI Reference LDC Public Notice subsection _, ,: .. ° i and F.S. § 380.06 and 380.0651 A DRI involves the review and input by the Florida Department of Economic Opportunity (DEO) and the Southwest Florida Regional Planning Council (SWFRPC). q See swfrpc.org /dri.html. Applicability This section applies to the establishment of a DRI. q See F.S. § 380.0651 and FAC 28 -24 (DRI thresholds) for statewide guidelines and standards to determine whether DRI review is required. q See Chapter 14 - Appendix A of the Administrative Code for a flow chart of State, Regional and Local review process. Pre - Application A pre - application meeting is required. Initiation If certain thresholds are met, DRI review is required. q See F.S. § 380.06(2) and 380.0651 and FAC 28 -24. The applicant files the County's "Application For Public Hearing For DRI Application for Development Approval (DRI)," and Applicants must submit an Application for Development Approval (ADA) for a DRI simultaneous review with a growth management plan amendment per 380.061(6), F.S. The DRI applications are available from the DEO and are listed in FAC 73C- 40.010 and its website at www.floridajobs.org. Application The County's application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Disclosure of ownership. 4. Completed ADA form with all attachments. S. Draft DRI Development Order to address the proposed change. 6. Property information, including: • Legal description of subject property and any contiguous property owned by the applicant; • If the application involves a change to more than one zoning district, include a separate legal description for each district; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and • Size of property in feet and acres. 401 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx �9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing 7. An explanation of whether the requested action is consistent with the Growth Management Plan. 8. A statement of whether a public hearing was held on the property within the year preceding the application and an explanation of that hearing. 9. A detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material, and a list of all previous actions on the subject site, beginning with the original DRI /PUD approval and including all subsequent amendments. Include the hearing number, hearing dates and a summary of the approved action. 10. A description of any sale or development of the DRI. 11. Traffic Impact Study q See Chapter 7 of the Administrative Code. 12. Environmental Data Requirements. gSee LDC subsection 2.0'8.L?i� %: ":. 13. An 8% in. x 11 in graphic location map of the site. 14. Signed and sealed survey, no older than 6 months. 15. DRI Development Order Master Plan. 16. Copies of Notices sent to DEO and RPC. 17. Pre - application meeting notes. 18. Owner /agent affidavit as to the correctness of the application. 19. Electronic copy of all documents. Completeness The Planning & Zoning Department will review the application for completeness. After and Processing submission of the completed application packet accompanied with the required fee, the of Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. q See F.S. § 380.06(11) for additional notice requirements if the DRI is proposed within the jurisdiction of more than one local government. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: q See F.S. §.380.06 for State publication requirements. • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location 3. Sign: (see format below) Posted at least 15 days before the advertised Planning 411 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx f 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing Commission hearing date. PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL IMPACT PETITION NUMBER: _ TO ALLOW: (Request- Sufficiently 0ear to describe the projectj LOCATION: DATE: CONTACT: TIME: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA, 34112. Public Hearing 1. SWFRPC staff notifies Collier County that it may schedule a public hearing to consider a Development Order. The County will set the public hearing at its next scheduled meeting. The hearing is held within 90 days after the SWFRPC's notice, unless the applicant requests an extension. Both the Planning Commission and the BCC will conduct a public hearing. 2. The Planning & Zoning Department will record the hearing proceedings by tape or a certified court reporter and make the recordings available for transcription at the expense of any interested party. See FS § 380.06(11) Decision maker The BCC, following a recommendation from the Planning Commission. Review Process 1. RPC determines sufficiency. gSee F.S. § 380.06(10). 2. Report and recommendation by RPC, q See F.S. § 380.06(12). 3. The County will review the application at the same time as the Growth Management Plan amendment application, prepare an Executive Summary, and schedule a hearing date before the Planning Commission and the BCC to present the petition for approval. Timing Pursuant to F.S. § 380.06(15)(b)), the BCC must render a decision on the application within 30 days after the hearing unless an extension is requested by the developer, pursuant to F.S. § 380.06(15)(a). Changes to q See F.S. § 380.06(19) for substantial deviations to a DRI. Approval Updated 421 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx I 9 A -a Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing D.2. DRI Abandonment Reference LDC Public Notice subsection " :. '3, ;5 i and F.S. § 380.06(26); FAC 73C- 40.0251. Applicability This establishes a process for the County, a property owner, or developer to abandon a valid DRI. This does not apply to an application to abandon a preliminary development agreement with the Florida DEO, which is governed by F.S. § 380.06(8)(a).11 and FAC 73C- 40.0185. Pre - Application A pre - application meeting is required. Initiation The applicant files the following applications: 1. "Application for Public Hearing, Abandonment of a Development of Regional Impact" (DRIABN); 2. "Application for Abandonment of o Development of Regional Impact," with all attachments (FORM DEO -BCP- ABANDONMENT DRI- 1).This form is available on the Florida DEO website. Application Contents The application must include the following: 1. Applicant contact information. 2. Disclosure of ownership. 3. DRI Development Order name and number. 4. Property information, including: • Legal description of subject property and any contiguous property owned by the applicant; • If the application involves a change to more than one zoning district, include a separate legal description for each district; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and • Size of property in feet and acres. 5. A narrative and detailed explanation of the reason for seeking abandonment. 6. Completed State Abandonment form with all attachments. 7. Completed DEO Application for Abandonment of DRI and copies of the submittal letters submitted to DEO and RPC. 8. An explanation of whether the abandonment is consistent with the Growth Management Plan. 9. A statement of whether a public hearing was held on the property within the 431 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx r 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing year preceding the application and an explanation of that hearing. 10. A description of any sale or development of the DRI. 11. An 8'% in. x 11 in. graphic location map of the site. 12. DRI Development Order Master Plan. 13. Pre - application meeting notes. 14. Owner /agent affidavit as to the correctness of the application 15. Electronic copies of all documents. wornpi teness :no, The Planning & Zoning Department will review the application for completeness. P - ssirig,, =A� After submission of the completed application packet accompanied with the a ti >n. required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. itrtl Notice is provided by the County to DEO and the RPC 45 days before the BCC hearing, <*See FAC 73C- 40.0251(1)(b). Pub'0 P =2winr< 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. csi xn r3s ._ .r The BCC, following recommendations from both the EAC, if required, and the Planning Commission. sl('uv Process 1. The County will review the application, identify whether additional materials are needed, prepare an Executive Summary, and schedule a hearing date before the Planning Commission and the BCC to present the petition for approval. 2. At the public hearing, the BCC will render a written decision to grant, grant with conditions, or deny the request for abandonment within 30 days of the public hearing,q See FAC 73C- 40.0251(2)(c) -(e). Re=efing The County will issue a notice of the abandonment within 15 days after any appeal is resolved or after the appeal period expires. G See FAC 73C- 40.0251(2)(e). Pe l <* See F.S. § 380.07. ! ated 44 I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx ►9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing D.3. DRI Amendment Reference LDC subsection 1C3.v2.12 E. L , LDC Public Notice subsection 10.03.C6 H' and F.S. § 380.06(19) Updated 451 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 19A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing E. Mixed Use Project (MUP) - Public Hearing for use of Bonus Density Pool and /or other Deviations Reference LDC sections 4.02.16 C.8, C %.i5 and LDC Public Notice subsection Applicability This procedure applies to a request for a mixed use project (MUP) within the Bayshore Gateway Triangle Redevelopment Area which seeks to utilize the Bonus Density Pool and /or other deviations. Eligible Applicants Property owners in the following zoning districts: 1. Bayshore Mixed Use District, Neighborhood Commercial (BMUD -NC) Subdistrict 2. Bayshore Mixed Use District, Waterfront (BMUD -W) Subdistrict 3. Gateway Triangle Mixed Use District Overlay, Mixed Use District (GTMUD -MXD) Subdistrict Pre - application A pre - application meeting is required. Initiation The applicant files a "Mixed Use Project Plan (MUP) with Deviations- Public Hearing," with the Planning & Zoning Department. Application MUPs that require a public hearing shall follow the applicable submittal requirements of a Contents Conditional Use in Chapter C. of the Administrative Code. In addition, pursuant to LDC subsection _''i.i1;l. =3 ?.; the applicant shall prepare a conceptual plan depicting mixed use development and noting all deviations. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows: q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location for the BZA advertisement. 4. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. 461 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A io Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING MIXED USE PROJECT APPROVAL PETITION NUMBER: TO ALLOW: (Request - Sufficiently clear to describe the project) LOCATION: - - - - -� DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS. THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BZA shall hold at least 1 advertised public hearing. Decision maker The BZA, following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and Planning Commission to present the petition for review. Following the recommendation by the Planning Commission, the Planning & Zoning Department will prepare an Executive Summary and schedule a hearing date before the BZA to present the petition for review. 471 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing F. Parking Exemption - With a Public Hearing Reference LDC subsection 4.05.02 K.3, LDC section 8.10.00, and LDC Public Notice subsection Applicability This procedure applies to relief from the various minimum parking requirements established within the LDC and shall follow the circumstances identified in LDC subsection 4.05.02 K.3.a. Pre - Application A pre - application meeting is not required but may be requested. Initiation The applicant files an "Application For Public Hearing For Parking Exemption" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information of principal site and off -site parking, if applicable, including: • Legal description; • Property identification number; • Section, township, range, Plat book and page number; • Subdivision, unit, lot and block, or metes and bounds description; • Address and general location; and • Size of property in feet and acres. 3. Zoning information, including: • Zoning classification of any proposed off -site parking lot; and • Zoning and type of land use of the property that the Parking Exemption is proposed to serve. 4. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 5. Disclosure of ownership. 6. Project information, with the following included: • Total number of parking spaces required for the project; • Number of parking spaces proposed to be located off -site; • Whether the proposed parking lot is separated from the permitted use by a collector or arterial roadway, and the roadway name; and • Whether the permitted use is proposed to share required parking with another permitted use. 7. A narrative statement describing the request with specific reference to the criteria noted in LDC subsection 4.05.02 K.3.b., and any backup materials or documentation. 8. Pre - application meeting notes, if applicable. 481 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx �9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing 9. Addressing checklist. 10. If required, a Boundary Survey (completed within the last 6 months, maximum 1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: • The location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public; and • An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. 11. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must measure 24 in. x 36 in. along with a reduced 8% in. x 11 in. copy. The site plan shall show the following information: • All existing and proposed structures and their dimensions; • Provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site); • All existing and /or proposed parking and loading areas (including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • Required yards, open space and preserve areas; and • Proposed and /or existing landscaping and buffering as may be required by the County. 12. Owner /agent affidavit as to the correctness of the application. 13. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly 14. Map of property location. 15. 10 -Year Lease Agreement, if required by the approval criteria. 16. Electronic copies of all documents. Cornpieteness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Appii,;ati.w, required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. a See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Hearing Examiner hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 49 1 P I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx fr 9A � Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners within 150 feet of the subject site describing the extent and nature of the parking exemption within 30 days of receipt of the letter indicating that the application is determined to be complete. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • Clear explanation of the parking relief sought. PUs ii' 1. The Hearing Examiner shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision makcY The Hearing Examiner. Revie xe: P ocess The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report, utilizing the criteria identified in LDC subsection 4.05.02 K.3, to present to the Office of the Hearing Examiner for a decision. 50 I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx t 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing G. Planned Unit Developments (PUD) G.1. Rezoning to a PUD Reference LDC subsection -- — LDC Public Notice subsection `1'1,613,06 B and F.S. § 163.3202. Applicability This procedure applies to a request to rezone to a PUD. Pre - Application A pre - application meeting is required. The pre - application meeting with the Planning & Zoning Department may address, but is not be limited to, the criteria set forth in LDC subsection '_J.02, 1- The applicant is encouraged to bring an aerial, proposed product type, and land uses to discuss. Initiation The applicant files an "Application for Public Hearing for a PUD Rezone" with the Planning & Zoning Department. Application The application must include the following information: Contents 1. Applicant contact information. 2. Addressing checklist. 3. A PUD Master Plan. 4* See Master Plan Contents below. 4. Name of project. S. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 6. Disclosure of ownership. 7. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 8. Property information, including: • Legal description; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; • Size of property in feet and acres; and • PUD district. 9. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • Legal description; • Property identification number; • Plat book and page number; 511 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A P Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing • Section, township and range; and • Subdivision, unit, lot and block, or metes and bounds description. 10. Detail of rezone request. 11. A narrative statement describing the rezone request with specific reference to the criteria pursuant to LDC section `0.02. -_ . 12. List of exhibits which are proposed to be included in the ordinance of adoption. 13. Completed Statement of Utility Provisions. 14. Statement of compliance with all elements of the Growth Management Plan. 15. General location map drawn to scale, illustrating north point and relationship of the site to external facilities such as highways, shopping areas, cultural complexes and the like. 16. Property ownership and general description of site (including statement of unified ownership). 17. Description or narrative of project development, including a description of the relationship of the proposed land uses to each other within the PUD and to land uses abutting /surrounding the project. 18. Boundary survey (no more than 6 months old) and legal description. 19. Proposed and permitted land uses within each tract or increment which shall be incorporated into the ordinance of adoption. 20. A dimensional standards table for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density, and intensity of each proposed land use. 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. This table shall be incorporated into the ordinance of adoption. 21. The proposed timing for location of, and sequence of phasing, or incremental development within the PUD. 22. The proposed location of all roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD and shall be attached as exhibits to the ordinance of adoption. 23. Habitats and their boundaries 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 (FLUCFCS) and shall be depicted on an aerial photograph having a scale of 1 inch equal to at least 200 feet when available from the county, otherwise, a scale of at least 1 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 the LDC section 3.04.00 shall apply. 24. Environmental Data Requirements. gSeeLDC subsection 25. Environmental Data Requirements for PUD zoning q See Chapter? of the Administrative Code. 521 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi- Judicial Procedures with a Public Hearing 26. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses. 27. The location and nature of all existing public facilities, such as schools, parks and fire stations that will service the PUD. 28. 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. 29. Electronic copy of all documents. 30. Owner /agent affidavit as to the correctness of the application. 31. Historical /Archeological Survey or Waiver. 32. Traffic Impact Study. q See Chapter 7 of the Administrative Code. 33. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities. 34. Development commitments for all infrastructure and related matters. 35. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the Planning & Zoning Department Director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate. 36. Deviations to sections of the LDC other than to dimensional standards related to building placement such as yard requirements, lot area requirements, and building height, shall be identified in the PUD application by citing the specific section number of the regulation and indicating the proposed modification to such regulation. The list of deviations shall be incorporated into the ordinance of adoption. 37. School Impact Analysis (SIA) application for the School District's review for a determination of school capacity, if the PUD has a residential component. PUD Mater Plan Pursuant to LDC subsection z- A, the PUD Master Plan will graphically illustrate the Contents development strategy, using The Community Character Plan For Collier County, Florida (April 2001) as a guide for development and redevelopment. The PUD Master Plan shall be prepared by a planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and /or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida. The Master Plan shall include the following: 1. The title of the project and name of the developer. 2. Scale, date, north arrows. 3. Boundaries of the subject property. Indicate all existing streets and pedestrian systems within the site, watercourses, easements, and land uses and zoning districts of abutting property. Include book and page numbers of platted parcels, section lines, and other 531 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx ' 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing important physical features within and adjoining the proposed development. 4. Boundaries and dimensions of all proposed tracts or increments with an indication of the proposed land use category, including but not limited to: • Residential (for multiple single - family lots, only the overall area reserved for this land use category shall be indicated); • Office; • Retail; • Commercial; • Industrial; • Institutional; • Conservation /preservation; • Lakes and /or other water management facilities; • Common open space; • Buffers, by type — include a cross - section for any buffer that deviates from LDC requirements; • Community and /or public use — designate the location and function (e.g., common open space), and whether they are dedicated or reserved; and • Recreational uses including golf courses and related facilities — include provisions for ownership, operation, and maintenance. 5. Identify all proposed and permitted land uses, pursuant to LDC section 2.03.06, within each tract or increment describing: • For residential Development: • Acreage; • Number of dwelling units; • Density; and • Percentage of total development represented by each type of use. • For commercial, industrial, institutional or office: • Percentage of the total development represented by each type of use; • Acreage (each tract or increment); • Maximum gross leasable floor area (each tract or increment); • Outline of the proposed building footprint (each tract or increment); and o Building height for each structure (each tract or increment). 6. The relationship of the proposed land uses to each other within the PUD and to the land uses abutting and surrounding the project. 7. The location and size (as appropriate) of all existing drainage, water, sewer, and other 541Pa 1e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Cod e I Administrative Procedures Manual t 9 A Chapter 3 / Quasi - Judicial Procedures with a Public Hearing utilities. 8. The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with abutting uses. 9. Typical cross sections of all major, collector, and local streets, public or private, within the proposed development. 10. The location of proposed and existing roads, rights -of -way, and pedestrian systems within 1,500 feet of the proposed development. 11. Information on previous and recent uses of land within the proposed development. 12. Proposed vehicular ingress and egress points. 13. Any other relevant information determined to be necessary by the Planning & Zoning Department Director. + ".OmpIPTeOeSs r n The Planning & Zoning Department will review the application for completeness. After R oc =ssing Of submission of the completed application packet accompanied with the required fee, the Apphc,itcon applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. After the application is filed, pre- hearing conferences may be held between the applicant, the applicant's agents, county officials, and county staff prior to the public hearing. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; • 2 in. x 3 in. map of the project location; and • Name and application number. 4. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. 55 1 P . I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A 4 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PLANNED UNIT DEVELOPMENT(PUD) APPROVAL PETITION NUMBER: — TO ALLOW: (Request- Sufficiently(lear to describe the project) LOCATION: -- _- - - -- -- DATE: _ CONTACT: TIME: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA, 34112, Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Pursuant to LDC subsection i ;.012.13 B.3, Staff will prepare a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section -?0.02 50S. Staff will schedule a hearing date before the Planning Commission to present the petition. Following the Planning Commission's review, Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated 561 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx I Collier County Land Development Code I Administrative Procedures Manual 9A Chapter 3 / Quasi - Judicial Procedures with a Public Hearing G.2. PUD Amendment Reference LDC subsection I E and LDC Public Notice subsection 1-C".033-C-6 8, Applicability This process applies to any request to amend an approved PUD that cannot be considered an Insubstantial change or Minor change and therefore is a Substantial change as defined in LDCsubsection r, Pre- Application A pre - application meeting is required. Initiation The applicant files an "Application For Public Hearing For: Amendment To PUD (PUDA)" with the Planning & Zoning Department. Application The application shall include a detailed written narrative describing all of the change(s) and Contents the reasons for the request and shall follow the Application Contents required for a PUD Rezone. C*See Chapter 3 G.1 of the Administrative Code. In addition, all PUD documents are required to be submitted with the PUDA application. <*See Chapter 3 of the Administrative Code for PUD Requirements. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows: #> See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and 2 in. x 3 in. map of the project location for the Planning Commission advertisement. 4. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. 571 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi- Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT APPROVAL PETITION NUMBER: TO ALLOW-. (Request - Sufficiently clear to describe the project) LOCATION: DATE: _ T�— TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS. THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Pursuant to LDC subsection :0.02. 13 B.3, Staff will prepare a Report utilizing the PUD criteria identified in LDC section 1 i.0 3 and the rezone criteria identified in LDC section 10.02.08. Staff will schedule a hearing date before the Planning Commission to present the petition. Following the Planning Commission's review, Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated 581 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A ' "1 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi- Judicial Procedures with a Public Hearing G.3. PUD Insubstantial Change Reference LDC subsection 1C., .012_ E, LDC section 8.10.00, and LDC Public Notice subsection Applicability This process applies to insubstantial changes to a PUD Master Plan which meets the thresholds in LDC subsection :0.,2.13 E. Pre- Application A pre - application meeting is required. Initiation The applicant files an application for an "Insubstantial Change To PUD Master Plan (PDI)" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. PUD Ordinance and Development Commitment information. 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. S. A narrative and detailed description of the amendment and why it is necessary. 6. An analysis of whether the amendment complies with the Growth Management Plan. 7. Whether a public hearing was held for the property within the year preceding the application. If this has occurred, include the applicant's name. 8. Whether any part of the PUD has been sold or developed, and whether the proposed changes involve those areas. 9. Current and revised Master Plans, along with a reduced copy of each, describing the proposed changes of the following: • 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. 10. Addressing checklist. 11. An 8% in. x 11 in. graphic location map of the site. 591 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- SO.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing 12. Pre - application meeting notes. 13. Owner /agent affidavit as to the correctness of the application. 14. Electronic copies of all documents. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area -at least 15 days before the advertised Hearing Examiner hearing. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: -- --_._- (RequeSt Sulfica(.rttlyclear todescribe the project) LOCATION: _�---- �- - --- DA TL: TIME: (ON IA( THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. 601 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx �9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Nearing Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Pursuant to LDC subsection 10.32—'3 .3, Staff will prepare a Staff Report utilizing the criteria identified in LDC subsection to present to the Office of the Hearing Examiner for a decision. The Hearing Examiner will approve, approve with conditions, or deny the application utilizing the criteria in LDC subsection 1 ,J2.' 3 Updated 611Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx ig,A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Nearing G.4. PUD Minor Change Reference LDC subsection 4 -, LDC section .1rD,u�?U, and LDC Public Notice subsection Applicability The following are considered minor changes: 1. Educational and ancillary plants. These include PUD master plans that are amended for the sole purpose of adding an educational and /or ancillary plant. 2. Removal of Affordable Housing Contributions. The County Manager or designee may allow minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements. Conditions are identified in LDC subsection "A I . . 3. Minor Changes during Construction. The County Manager or designee may 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. These changes include the following: • Internal realignment of rights -of -way, including a relocation of access points to the PUD itself, where no water management facility, conservation /preservation areas, or required easements are affected or otherwise provided for; • Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas; • Relocation of swimming pools, clubhouses, or other recreation facilities that do not affect adjacent properties or land uses; and • Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans or approval of the EAC where applicable. Pre - application A pre - application meeting is not required. Initiation The applicant files a "Minor Change to a PUD Master Plan or Text (PMC)" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. PUD Ordinance and Development Commitment information. 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. 5. The current PUD Master Plan, q See Chapter G.1 of the Administrative Code for 621 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A"i,-.40 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing requirements and the changes in potential intensity of land use, changes in trips and relationships to abutting land uses. • include any previously revised Master Plans. 6. A narrative and detailed description of the map change and reason for request. 7. An analysis of whether the amendment complies with the Growth Management Plan. 8. Whether a public hearing was held for the property within the year preceding the application. If this has occurred, include the applicant's name and number. 9. Whether any part of the PUD has been sold or developed, and whether the proposed changes involve those areas. 10. For removal of affordable housing commitments, a completed Letter to Property owners as identified in the application. 11. Addressing checklist. 12. An 8%: in. x 11 in. graphic location map of the site. 13. Owner /agent affidavit as to the correctness of the application. 14. Electronic copies of all documents. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows for Removal of Affordable Housing Contributions: ,* see Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Public Hearing 1. No public hearing is required for adding educational and ancillary plants to a PUD or minor changes to a PUD Master Plan during construction. 2. A hearing before the Hearing Examiner may be required to remove affordable housing contributions, pursuant to LDC subsection 0 . Decision maker The County Manager or designee or the Hearing Examiner. Review Process Minor changes are reviewed by the Planning & Zoning Department staff and may be approved by the County Manager or designee. If a public hearing is required to remove Affordable Housing Contributions, Staff will prepare a Staff Report and Staff will schedule a hearing date before the Hearing Examiner to present the petition for review. Appeals Administrative appeals shall be in accordance with the Code of Laws section 250 -58. Updated 631 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A - It Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing G.S. PUD Extension Reference LDC subsection 4 .? f. D, LDC section t , and LDC Public Notice subsection Applicability This process applies to request to extend the life of a PUD before or after it "sunsets." A PUD "sunsets" when it does not meet the time frames and development criteria outlined in LDC section Once a PUD has "sunset," applications for additional development orders are not processed until there is an extension, PUD amendment, or new PUD rezoning. Pre - Application A pre - application meeting is required. Initiation The applicant files an "Application For Public Hearing For PUD Extension" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 4. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 5. PUD Ordinance and Development Commitment information. 6. Property information, including: • Legal description; • Property identification number; • Plat book and page number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and • Size of property in feet and acres. 7. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • Legal description; • Property identification number; • Plat book and page number; • Section, township and range; and • Subdivision, unit, lot and block, or metes and bounds description. 8. Zoning information, including: 641 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A , Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing • Zoning and Land Use of adjacent properties. 9. Extension request information regarding sunsetting, previous extensions, and history of previous zoning approvals. 10. How the PUD remains consistent with the Growth Management Plan, including density, intensity and concurrency requirements. 11. How the PUD is compatible with existing and proposed uses in the surrounding area. 12. A description of whether the PUD development places an unreasonable burden on essential public facilities. 13. Aerial photograph(s) (taken within the previous 12 months at a minimum scale of 1 in. _ 400 ft.). The aerial shall identify plant and /or wildlife habitats and their boundaries. The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. 14. Deed Restrictions. 15. A written statement addressing LDC subsection Iir`_4;'2.'' 3 �. 16. Pre - application meeting notes. 17. Addressing checklist. 18. An 8%: in. x 11 in. graphic location map of the site. 19. Environmental Data Requirements. pSeeLDCsubsection .0 ^.a A, 20. Traffic Impact Study G See Chapter 7 of the Administrative Code. 21. Owner /agent affidavit as to the correctness of the application. 22. Electronic copies of all documents. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; • Application number, project name; • PUD name and ordinance number; and 651 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A F' Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi- Judicial Procedures with a Public Hearing • Description of extension. 2. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request- Sutlic:iently( lear tode%cribe the project) LOCATION: -- - -�_ _ - - - -- DATE: _ _._. _ _ _ TIME: CONTACT: - - - — -- �_._ ----- - - - - -- THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT' DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report to present to the Office of the Hearing Examiner for a decision. Monitoring if the PUD is extended, the applicant must submit Monitoring Reports as required for PUD development. pSee Chapter 3 G.6 of the Administrative Code. Updated 661 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx � 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing G.6. Zoning Verification Letter - PUD Comparable Use Determination Reference LDC subsections 2.03.00 A, J, LDC Public Notice subsection 10.03,06 G, LDC section and F.S. §125.66. Applicability A Zoning Verification Letter maybe used to make a determination that anew use is comparable, compatible, and consistent with the list of identified permitted and conditional uses in a PUD ordinance. Depending on PUD ordinance language, one of the following methods of consent by the Hearing Examiner will occur: 1. If the PUD ordinance language identifies the BZA as the authority to determine a use is comparable, compatible, and consistent, the Zoning Verification Letter will be brought to Hearing Examiner for approval of the determination. 2. If the PUD ordinance language identifies the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent, the Zoning Verification Letter will be brought to Hearing Examiner for affirmation of the determination. Pre - Application A pre - application meeting is not required. Initiation The applicant files a "Zoning Verification Letter Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Site folio number; • Site Address; • Property owner's name; and • Verification being requested. 3. The determination request and the justification for the use by a certified land use planner or a land use attorney. 4. Additional materials may be requested by staff depending on the use and justification provided. 5. PUD Ordinance and Development Commitment information. 6. Electronic copies of all documents. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. G See Chapter8 of the Administrative Code for additional notice information. 671 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A k44 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing 1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of general circulation. The legal advertisement shall include: • Date, time, and location of the hearing; • Application number and project name; • PUD name and ordinance number; • Proposed permitted use; • Whether the use will be approved or affirmed by the Hearing Examiner; and • Description of location. Public Hca- ing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. gSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. rna §.er The Hearing Examiner. - vic °y &. Pf:, -ess The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report to present to the Office of the Hearing Examiner for a decision. 68 1 P i g t= I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi- Judicial Procedures with a Public Hearing H. Rezoning - Standard Reference LDC section. LDC Public Notice subsection and F.S. § 125.66. Applicability This procedure applies to any ordinances or resolutions that change the zoning map designation of a parcel or parcels of land. Pre - Application A pre - application meeting is required. Initiation The applicant files a "Standard Rezone Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. The date the subject property was acquired or leased, including the term of any lease. If the applicant has an option to buy, indicate date the option terminates, or anticipated closing date. 4. Property information, including: • Legal description; • Property identification number; • Plat book and page number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and • Size of property in feet and acres. 5. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • Legal description; Property identification number; • Plat book and page number; • Section, township and range; and • Subdivision, unit, lot and block, or metes and bounds description. 6. Zoning information, including: • Zoning and Land Use of adjacent properties; • The existing and requested zoning classifications; and • The present and proposed uses of the property. 7. A narrative statement describing the rezone request with specific reference to the criteria in LDC section `_:' J_J'O U , 8. Whether any applications or official interpretations under the Administrative Code were filed for the subject property within the year preceding the application, including 691 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing the nature of any public hearing relating to that application. 9. If the rezone is requested for a specific use, a 24 in. x 36 in. conceptual site plan (with a reduced 8% in. x 11 in. copy) drawn to a maximum scale of 1 inch equals 400 feet, depicting: • Existing and proposed structures and their dimensions; • Provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site); • Existing and /or proposed parking and loading areas (including a matrix indicating required and provided parking and loading, and required parking for the disabled); • Required yards, open space and preserve areas; • Proposed and /or existing location of utility services to the site; and • Proposed and /or existing landscaping and buffering that may be required by the County. 10. An architectural rendering of any proposed structures. 11. Environmental Data Requirements. C*See LDC subsection 3.08.�'G.'. 12. Statement of utility provisions. 13. Traffic Impact Study <*See Chapter 7 of the Administrative Code. 14. Historical /Archeological Survey or Waiver. 15. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 16. Signed and sealed survey by a licensed professional surveyor and mapper. 17. Addressing checklist. 18. A copy of the pre - application meeting notes. 19. Owner /agent affidavit as to the correctness of the application. 20. Electronic copies of all documents. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice- Notification requirements are as follows. q See Chapter 8 of the Administrative Code for For parcels less than additional notice information. 10 contiguous acres 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 701 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx ;9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi- Judicial Procedures with a Public Hearing 2. Mailed Notice: Written notice shall be sent to property owners in the notification Area at least 15 days before the advertised Planning Commission hearing. Notice — Notification requirements are as noted above, in addition to the following: q See Chapter For Parcels greater g of the Administrative Code for additional notice information. than 10 contiguous acres 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; • 2 in. x 3 in. map of the project location; • PUD name and ordinance number; • Description of rezone; and • Description of location. 2. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. PUBLIC HEARING REQUESTING REZONE APPROVAL PETITION NUMBER: TO ALLOW: (Request - Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3299 TAM IAMI TRAIL EAST, NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing for parcels that are less than 10 contiguous acres. The BCC shall hold 2 advertised public hearings for parcels that are greater than 10 contiguous acres. 4. For a Collier County initiated rezoning: • At least one hearing is held after 5 p.m. on a weekday, unless the BCC, by a majority plus one vote, elects to conduct that hearing at another time of day. • The first public hearing is held at least 7 days after the day that the first advertisement is published. 711 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing • The second hearing shall be held at least 10 days after the first hearing and is advertised at least 5 days before the public hearing. ue6sion maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. oi Farces,, The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare a Report and schedule a hearing date before the Planning Commission to present the petition. The Planning Commission may approve, approve with conditions /stipulations, or deny the petition. Following the recommendation by the Planning Commission, the Planning & Zoning Department will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. The BCC may approve, approve with conditions /stipulations, or deny the petition. 72 e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing I. Sign Variance Reference LDC sections 5.06.08, 9.04.02, , 1 C!.Ct? and LDC Public Notice subsection ' r,? .: e Applicability This process applies to a request to vary from the required dimensional standards for a sign. aSee Chapter 3 of the Administrative Code for a standard Variance. Initiation The applicant files a "Sign Variance Petition" with the Planning & Zoning Department. Pre - Application A pre - application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copies of all documents. 4. Property information, including: • Legal description; • Length and height of wall upon which the sign will be secured, if a wall sign; and • Width of the subject property measured by the road frontage. 5. Survey or Site Plan of property depicting the following: • All property boundaries and dimensions; • North arrow, date and scale of drawing; • All existing and proposed signs (labeled as such); • Existing and proposed sign setbacks; and • Location map depicting major streets in area for reference. 6. A detailed explanation of the variance request, including: • Existing signs and what is proposed; • The amount of variance proposed using numbers (i.e. reduce setback from 15 ft. to 10 ft.); • If existing, explanation of how existing encroachment came to be; and • Additional factors that address the criteria for a sign variance. 7. A narrative and justification that the proposed sign variance meets the criteria identified in LDC subsection 5.06.08 B. 8. Notarized owner /agent affidavit as to the correctness of the application. 9. An 8 % in. x 11 in. graphic location map of the site. 10. A copy of the Pre - application meeting notes. 11. Once the first set of review comments are posted, the following mailed notice documents shall be submitted to the assigned Planner: 731 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9Av Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing • A list of the names and addresses of property owners to receive the mailed notice; and • Draft of the mailed notice letter. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements areas follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners within 150 feet of the subject area at least 15 days before the advertised Hearing Examiner hearing. The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Department. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request- SUfficientlyclear toclescribe the project) LOCATION: DATE -- TIME CON TACT: THE ABOVE TO BE HELD AT' THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. gSee Chopter9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report, utilizing the criteria 741Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing established in LDC subsection 5.06.08 B. 1., to present to the Office of the Hearing Examiner for a decision. 751 Pa-; _ I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing j. Variance Reference LDC sections 9.04.00, (?0, and LDC Public Notice subsection 10.03.061 f. Applicability An applicant may seek a variance from dimension standards if the LDC creates an unreasonable hardship, as defined in LDC section 9.04.00. gSee Chapter 31. of the Administrative Code for a Sign Variance. Initiation The applicant files a "Variance Petition Application" with the Planning & Zoning Department. Pre - Application A pre - application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. Property information, including: • Legal description; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Acreage; and • Address of subject site and general location. 5. Zoning Information, including: • Zoning and land use of adjacent properties; and • Minimum yard requirements for subject property. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. A detailed explanation of the request including: • Existing and proposed structures; • The amount of encroachment proposed; • Survey of property showing the encroachment (measured in feet); • Date of purchase by property owner; • The date the existing principal structure was built (include building permit numbers if possible); • Explanation of why encroachment is necessary; • How existing encroachment came to be, if applicable; 761 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A E Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing 8. Project narrative providing a detailed description /explanation of the variance, why it is requested, and the relevant criteria in LDC section 9.04.03. 9. An Official Interpretation or Zoning Verification Letter, if applicable. 10. A copy of the Pre - application meeting notes. 11. A Conceptual Site Plan (24 in. x 36 in.) and one 8'% in. x 11 in. copy. 12. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership. 13. An 8 %: in. x 11 in. graphic location map of the site. 14. Aerial photographs (taken within the previous 12 months at a minimum scale of 1 in. _ 200 ft.), showing FLUCCS Codes, legend, and project boundary. 15. Historical Survey or waiver, if applicable. 16. Environmental Data Requirements. c*See LDCsubsection 17. Owner /agent affidavit as to the correctness of the application. 18. Once the first set of review comments are posted, the following mailed notice documents shall be submitted to the assigned Planner: • A list of the names and addresses of property owners to receive the mailed notice; and • Draft of the mailed notice letter. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners within 150 feet of the subject area at least 15 days before the advertised Hearing Examiner hearing. The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Department. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the requested variance; and • 2 in. x 3 in. map of the project location. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. 771 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PETITION NUMBER: ____ TO PERMIT: (Request - Sufficiently clear tode5cribe the project) LOCATION: ___— _______ DATE:.—,-, , TIME ._.__.__.. ____... CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT' DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report, utilizing criteria established in LDC section 9.04.03, to present to the Office of the Hearing Examiner for a decision. Updated 781 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- SO.docx 9A A Chapter 4. Administrative Procedures The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is appealed. 791 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A � Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures A. Architectural Plans Reference LDC sections 5.05.08 and 0.02.03. Applicability Architectural review is required for buildings, structures, and projects as described in LDC subsection 5.05.08 B. q see Chapter 6 F. of the Administrative Code to request an Alternative Architectural Design. Pre - Application A pre - application meeting maybe required as a component of the submittal of the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application, as applicable. Initiation The applicant submits architectural plans to the Planning & Zoning Department in conjunction with the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application, as applicable. Application The application must include the following: Contents pursuant to LDC section `:. `.0 a, architectural drawings shall be signed and sealed by a licensed architect registered in the State of Florida. 1. Scaled elevations for all sides of the building at a minimum of 1/8 in. scale. 2. Floor plans of each proposed building with dimensions. 3. If rooftop equipment is proposed, scaled wall section from top of roof to grade. 4. Renderings to show materials, color scheme and /or paint chips, and roof color samples, in particular for elevations with multiple colors and /or for colors restricted by the LDC. S. For projects subject to LDC subsection 5,0-S.,- C.3 Fa4ade /wall height transition elements must include site sections showing the relationship to adjacent structures. Completeness and The Architectural Plans are processed in conjunction with the Site Development Plan, Site Processing of Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design Application Standards Plan, or Building Permit application, as applicable. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Architectural Plans will be reviewed by the Planning & Zoning Department as part of the Site Development Plan, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application. Updated 801 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures B. Coastal Construction Setback Line Permit Reference LDC subsection ii J Applicability This procedure applies to the following activities seaward of the Coastal Construction Setback Line (CCSL): 1. Construction of dune walkovers. 2. Creation, restoration, re- vegetation or repair of the dune or other natural area on an individual parcel of land. 3. Activities that temporarily alter ground elevations, such as artificial beach nourishment projects, excavation, or maintenance dredging of inlet channels. Pre - Application A pre - application meeting is not required. Initiation The applicant files a "Coastal Construction Setback Line Permit Application" with the Planning and Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Address of subject property; • Proposed activity; and • Proposed dates to start and end work. 3. Addressing checklist. 4. An aerial photograph with the property clearly delineated and the proposed areas for site improvements. S. Site Plan, depicting the following: • General location of lot; • All lot dimensions; • The established Coastal Construction Control Line as established by law (1974); • Location of area of the proposed work; • Location of the landward and seaward edges of the dune (vegetation line) and a rough profile of the existing dune; • Approximate locations of existing structures on adjacent lots; and • Vegetation inventory of the area of proposed work. 6. Permits: All Federal, State, and local permits shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. Permits may include, but shall not be limited to: 811 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 5� Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures • Florida Department of Environmental Protection (FDEP) permits; and • Vehicle on the Beach permit. This permit shall be obtained if it is necessary to use a vehicle on the beach for completion of the project. The permit shall be obtained and the work shall be completed prior to Sea Turtle Nesting Season (May 15L through October 31S) Completeness and The Natural Resources Department will review the application for completeness. The Processing of completed application packet must be accompanied with the required fee. The tracking Application number (i.e., XX201200000) will be assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Natural Resources Department will approve, approve with conditions, or deny a Coastal Construction Setback Line permit based on criteria in LDC subsection %, ; c;. Updated 821Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures C. Certificate of Public Facility Adequacy (COA) C.1. COA for Roadways Reference LDC section 3u.0,:2.u? and Code of Laws and Ordinances section74- 302(h). Applicability 1. A certificate of public facility adequacy (COA) is required for any development that generates additional impacts or demands on public facilities. A COA ensures that adequate public facilities are available and no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. 2. An application for a COA shall only be submitted as part of an application for one of the following development orders: • A final subdivision plat and amendments thereof; • A final approved site development plan or site improvement plan and amendments thereof; • A building permit or mobile home tie -down permit issued by the County; or • As provided for in an enforceable development agreement with Collier County pursuant to the provisions of F.S. § 163.3220 - 163.3242 or another agreement acceptable to the BCC, in conjunction with the approval of a development order and /or a certificate of public facility adequacy. 3. The following are exempt from concurrency review C�See LDCsection :.' >2.c: for further information: • Certain development of regional impact (DRI) orders that were approved prior to January 10, 1989; q See LDC subsection 1.0.o2. %;. %> for exemptions to this provision. • Construction of public facilities that are consistent with the Collier County Growth Management Plan; • Temporary construction and development permits; • Replacement, reconstruction, and repair of existing development; • Temporary use permits, not to exceed 1 year; and • Development that is subject to a vested rights determination. Pre - application A pre - application meeting may. be required as a component of the submittal of the Construction Plans and Final Subdivision Plat and amendments thereof, Site Development Plan, Site Development Plan Amendment, and Site Improvement Plan, as applicable. Initiation The applicant files a "Collier County Certificate of Public Facility Adequacy Application" with the requested development order application with the Planning and Zoning Department or the Building Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Reason for application, i.e. what type of development order. 831 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 w Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 3. Type of development. 4. Property information, including: • Legal description; • Property identification number; • Section, township and range; and • Subdivision, unit, lot /parcel and block, or metes and bounds description. 5. Development information, including whether there are previous structures on the property. 6. Estimated Transportation Impact Fee calculations. Completeness and Impact Fee Administration will review the application for completeness. The completed Processing of application packet must be accompanied with the required fee. The tracking number Application used for the requested development order will be included on the application (i.e., XX201200000) This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process Impact Fee Administration will review the application, identify whether additional materials are needed, and verify the calculations of fees in accordance with LDC subsection G -t$% % C and Code of Laws and Ordinances section 74- 201. 1 yr. Traffic Capacity 1. Pursuant to LDC subsection JJ -),, 0 .0' C.4, the Engineering Services Department shall Reservation and review the Traffic impact Study (TIS) for concurrency. The Engineering Service Estimated Impact Department shall set aside and allocate a 1 year Traffic Capacity Reservation from Fee Payment the date of TIS approval by Staff for all or part of the proposed development. 2. Within 1 year of TIS approval the applicant must receive approval of the requested development order and shall pay the applicable roadway impact fees to obtain the COA. 3. If the requested development order is not approved within 1 year of the TIS approval date, the applicant may petition the BCC to extend the Traffic Capacity Reservation for 1 year. Failure to Pay If the requested development order is approved and the applicant fails to pay the road Estimated Impact impact fees as required by Code of Laws and Ordinances section 74 -302 within the 1 Fees year Traffic Capacity Reservation period, the 1 year Traffic Capacity Reservation shall be invalid and the applicant shall re -apply for a COA. Final Impact Fee At the time of building permit application, the road impact fees will be calculated based Payment on the intensity of development permitted for construction and the road impact fee schedule in effect at the time of the building permit(s) application submittal. The applicant shall pay any additional road impact fees that are due over the estimate, prior to the issuance of the building permit(s). Appeal Appeal of a COA shall be pursuant to Code of Laws and Ordinances section 250 -58. 841 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A ON Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures u,Pa -'ed 85 1 P i c, c, I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures C.2. COA for Non - Roadway public facilities Reference LDC section " 1,02,C d and Code of Laws and Ordinances section 74 -302. Applicability Certificates of public facility adequacy for non - roadway "Category A" capital improvements shall be issued simultaneously with the issuance of the building permit. 861 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures D. Early Work Authorization (EWA) Reference LDC subsection k: Applicability This procedure applies to a request for an Early Work Authorization (EWA). The Engineering Services Department may approve an EWA permit for one or more of the following activities: • Vegetation removal (site clearing); • Excavations; • Site filling; • Construction of stormwater management facilities limited to ponds, lakes, retention /detention areas, interconnection culverts, and swale systems; • Off -site infrastructure; and • Construction of a perimeter landscape buffer, berm, wall, or fence. Pre - application A pre - application meeting is not required. Initiation The applicant files an "Application For Early Work Authorization (EWA)" with the Planning & Zoning Department. Application Contents The application must include the following: 1. Applicant contact information. 2. Original SDP /PPL AR /PL number. 3. Right -of -way permit number. 4. Plan Cover Sheet. S. Excavation Plan. 6. Clearing Plan. 7. Erosion Control Plan. 8. Fill Plan. 9. A vegetation bond in the form of a performance bond, letter of credit, or cash bond in the amount of $2,000 per acre shall be posted for stabilization with vegetation in accordance with LDC subsection 4.06.04 A.3. 10. Copies of the following if available and applicable: • DEP Permit; • USACE Permit; and • SFWMD Environmental Resource Permit (ERP) 11. Owner /agent affidavit as to the correctness of the application. 12. Letter of Authorization, if required. 13. Addressing checklist. Completeness and The Engineering Services Department will review the application for completeness. The 87 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A I Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Processing of completed application packet must be accompanied with the required fee. The tracking Application number (i.e., XX201200000) will be assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department will review the application and identify whether additional materials are needed. Staff will prepare a letter of approval or denial based on the criteria identified in LDC subsection 1'0.,),',' i3O`2 P. Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of work. All Federal, State, and local permits shall be submitted prior to commencement and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting. Updated 881 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx l 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures E. Vegetation Removal Applications E.1. Agricultural Land Clearing Permit Reference LDC subsection DO.i;;?.Cr`.0 and F.S. § 163.3162(4) or 823.14(6). Applicability This procedure applies to any request to receive an Agricultural Land Clearing permit which is required for agricultural operations that fall outside the scope of the Agricultural Lands and Practices Act, F.S. § 163.3162(4) or the Right to Farm Act, F.S. § 823.14(6). <*See Chapter 4 E.2 of the Administrative Code for the Agricultural Land Clearing Notice. Exemptions for an Agricultural Clearing permit are identified in LDC subsection Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Agricultural Clearing Permit Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Acreage; • Proposed acreage to be cleared; and • Street address of subject property. 3. Zoning information, including: • Zoning district, including zoning overlays; and • Proposed agricultural use. 4. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly. 5. Special Treatment (ST) permit, if one has been previously granted. 6. Pursuant to LDC subsection ]0-02..06.C: • Silviculture operation information and management plan, prepared by a forester or resource manager, if applicable; • Generalized vegetation inventory and clearing plan; • Data on wetland impacts and protected wildlife species habitat subject to the GMP, Conservation and Costal Management Element, and the LDC, if applicable; and • Signed agreements. 7. Prior to the clearing of the land, the following state and federal permits shall be submitted, if applicable: 891 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx F 3�i ? , h Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures • SFWMD consumptive use permit or exemption (for the withdrawal of water); • SFWMD surface water management permit or exemption (for control of surface water, i.e. dikes and ditches); and • US Army Corps of Engineers permit (for wetland impacts). Completeness and The Natural Resources Department will review the application for completeness. Processing of The completed application packet must be accompanied with the required fee. The Application tracking number (i.e., XX201200000) will be assigned to the permit. This permit tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Natural Resources Department will approve, approve with conditions, or deny the agricultural clearing permit in writing based on criteria in LDC subsection Updated 901 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 1o.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures E.2. Agricultural Clearing Notice Reference LDC subsection and F.S. § 163.3162(4) or 823.14(6) Applicability This procedure applies to a request to receive an Agricultural Clearing Notice which is required for agricultural operations that fall within the scope of the Agricultural Lands and Practices Act, F.S. § 163.3162(4) or the Right to Farm Act, F.S. § 823.14(6). Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Application for an Agricultural Clearing Notification" with the Planning & Zoning Department. Pursuant to sections F.S. § 163.3162(4) or 823.14(6), the property owner shall file the application no later than 60 days prior to the removal of vegetation. Application The application must include the following: Contents for a Land 1. Applicant contact information. clearing notice 2. Property information, including: • Legal description; • Street address of subject property; • Current property acreage; • Proposed acreage to be cleared; • Acreage of existing native vegetation on site; and • Date of clearing to begin and expected date of clearing completion. 3. Zoning information, including: • Zoning district, including zoning overlays; • Proposed agricultural use; and • Basis of property exemption from local regulation pursuant to Agricultural Lands and Practices Act section 163.3162(4) F.S. and the Right to Farm Act section 823.14(6) F.S. 4. The date on which land clearing will begin. S. The date on which land clearing is expected to be completed. 6. An aerial photograph or site plan that includes a general vegetation inventory identifying the acreage of existing native vegetation on site and proposed clearing plan. 7. Proof that the property is classified as agricultural by property appraiser, i.e. Agricultural Exemption. 8. Description and evidence of bona fide agricultural operations. 9. List Best Management Practices, interim measure or regulations governing the agricultural operation. 10. Signed agreements, pursuant to LDC subsection C.2, 911 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Col-npieterjess and The Natural Resources Department will review the application for completeness. Processing The completed application packet must be accompanied with the required fee. The tracking number (i.e., XXX201200000) will be assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. ,Ioticr- No notice is required. Pubiic He gyring No public hearing is required. Decision= _..K. r The County Manager or designee. Review Process The Natural Resources Department will approve, or deny the agricultural clearing permit in writing based on F.S. § 163.3162(4) or § 823.14(6). Where the agricultural clearing permit is denied, the letter shall state the reason(s) for denial. 92�F'a c I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures E.3. Cultivated Tree Removal Permit Reference LDC subsection Applicability The Cultivated Tree Removal Permit applies to the removal or relocation of any tree or palm installed for landscaping and which is not a part of a preserve. The provisions of this section are applicable to all development except for single - family home sites. However, such single - family home sites shall maintain the minimum number of trees required by the landscape code, identified in LDC section 4.06.05. Initiation The applicant files a "Landscape Tree Removal for Cultivated Landscapes" application with the Planning & Zoning Department. Pre - Application A pre - application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Detailed description of property location; and • Address of subject property. 4. Reason for proposed tree removal and a brief description of trees to be removed. 5. Photographs of specific tree related problems or damage, if applicable. 6. Any professional recommendation of an arborist, urban forester, or landscape architect, if available. 7. Endangered Wildlife Habitat information. 8. Types of trees to be used for replacement. 9. Proof of ownership such as a warranty deed or tax statement. 10. A site plan depicting the following: • Location and type of proposed trees to be removed; • Location of proposed replacement or relocated trees, buildings, paved areas, structures and utilities and type of trees proposed for replacement; • The Planning and Zoning Department may require the site plans be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees; and • If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals, the Planning & Zoning Department may require that a tree survey of the site be prepared and submitted to the Planning & Zoning Department for review. 931 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures 11. The name, phone number, and mailing address of all registered Home Owners Association's that could be affected by the application. 12. Separate letters stating the following, if applicable: • The removal of the tree(s) in question is approved by the HOA; and • If the application is submitted by an agent, a letter from the homeowner /property owner stating the removal of the tree is approved. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The County Manager or designee will review and approve, approve with conditions, or deny the application based on criteria outlined in LDC subsection Updated 94 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures E.4. Vegetation Removal Permit Reference LDC section 3, HE, C. Applicability This process applies to a request to remove protected vegetation, as defined in the LDC, other than that planted for landscaping. gSee LDC section . ",5. =: % for exemptions. 4*See Chapter 4 E.5 of the Administrative Code for Vegetation Removal and Site Filling Initiation The applicant files a "Vegetation Removal Permit" application with the Natural Resources Department. Pre - Application A pre - application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Legal description; • Detailed location and description of property; • Directions to subject site; • Reason for proposed removal and brief description of the vegetation to be removed; • Total acreage to be removed; • Proposed method of vegetation removal; and • Proposed methods to protect vegetation to be preserved. 4. Proof of Ownership. 5. Owner /agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit. 6. A generalized vegetation inventory which includes: • 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 illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation. 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. • Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written 951 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 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, and presence of any bald eagle nests. 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 architect, or certified nurseryman. • Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessary to demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. 7. A site plan which depicts the following: • Property dimensions; • Location of existing infrastructure and alterations; • Location of proposed structures, infrastructure, and alterations; • 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; • Designation of all protected vegetation proposed for removal; and • Location and details of protective barricading of the vegetation to be retained. 8. County Permits: All County 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 Vegetation Removal Permit: • Building permits (except in accordance with LDC subsection 4.06.04 A); • Special Treatment (ST) development permits; and • Any other required county approvals. 9. Non - County Permits: All non - County permits, including but not limiting to the following, shall be submitted prior to vegetation removal: • U.S. Army Corps of Engineers permits; • Florida DEP permits or exemptions; • U.S. Fish and Wildlife Service permits or exemptions; • Florida Fish and Wildlife Conservation Commission permits or exemptions; • SFWMD permits or exemptions; and 961Pahe I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code ( Administrative Procedures Manual Chapter 4 Administrative Procedures • Other applicable agency reviews or permits or exemptions. Co,- oietenes,s and The Natural Resources Department will review the application for pro- t,in.- of completeness. The completed application packet must be accompanied with - ..oPIiC'a iJ the required fee. The tracking number (i.e., XX201200000) will be assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. N r,; c No notice is required. ISea ir;? No public hearing is required. Deds;on rr. -;k�r The County Manager or designee. ruYc:oss The Natural Resources Department will approve, approve with conditions, or deny the permit based on criteria in LDC section 3.05.05. 971Pa.-,)e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures E.5 Vegetation Removal and Site Filling Permit (VRSFP) Reference LDC section 4.06.04 Applicability This process applies to a request to clear and fill land for residential, commercial, or industrial lots or building sites where lakes are excavated within a PUD or project, and where an approved SDP, SIP, or PPL has identified the lot or site for future development. Pursuant to LDC section 4.06.04 the VRSFP does not apply to the Golden Gate Estates subdivision. g5ee LDC section 3: (5.1!_ for exemptions for vegetation clearing. q See Chapter 5 D. for Construction Plans and Final Subdivision Plats. Initiation The applicant files a "Vegetation Removal and Site Filling Application" with the Engineering Services Department. Pre - Application A pre - application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Legal description of the subject property. 4. Detailed location and description of the subject property. 5. Reason for proposed clearing /filling. 6. Disclosure of ownership. 7. Owner /agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit; 8. Site Filing /Grading Plan, if requested. 9. Site re- vegetation plan, if requested. 10. Site Stabilization Plan for areas impacted by vegetation removal and /or site filing. 11. Vegetation removal requirements, if requested. 12. Site plan with area requested for clearing delineated. 13. A Vegetation Relocation Plan, if applicable. gSee LDC subsection 3.05.05 H. 14. A management plan, if applicable. 15. Environmental Data Requirements, <*See LDCsubsection r, o % . 16. Generalized vegetation inventory, which includes: • 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 981 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 J Administrative Procedures accompanied by photographs illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation. 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. • 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, and presence of any bald eagle nests. 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 architect, or certified nurseryman. • Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessary to demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. Completeness and The Engineering Services Department will review the application for Processing of completeness. The completed application packet must be accompanied with the Apphcation required fee. The tracking number (i.e., XX201200000) will be assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. PuOlic Hearing No public hearing is required. Derision maker The County Manager or designee. =osting of a bot,, ; A bond, letter of credit, or cash bond shall be posted for a permit within a subdivision, pursuant to LDC subsection 4.06.04. A.3.e. Review Process The Engineering Services and Natural Resources Departments will approve, approve with conditions, or deny the permit based on criteria in LDC subsection 4.06.04 A. jpdatea 991 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures F. Mixed Use Project - Administrative Approval Reference LDC sections 10.0 15 and 4.02.16. Applicability This procedure applies to a request for a mixed use project (MUP) within the Bayshore Gateway Triangle Redevelopment Area that is not seeking a Density Bonus and /or is eligible for administrative deviations pursuant to LDC subsections 10.02. "15 A.I. and 2C%02 S 5. Eligible Applicants Property owners in the following zoning districts: • Bayshore Mixed Use District, Neighborhood Commercial (BMUD -NC) Subdistrict • Bayshore Mixed Use District, Waterfront (BMUD -W) Subdistrict • Gateway Triangle Mixed Use District Overlay, Mixed Use District (GTMUD -MXD) Subdistrict. Pre - application A pre - application meeting is required. Initiation The applicant files a "Mixed Use Project Plan (MUP) — Administrative Approvar application with the Planning & Zoning Department. Application Pursuant to LDC subsection 0. (12.15 A.1.b, MUPs that may be administratively approved Contents shall follow the applicable submittal requirements of a site development plan. <* See Chapter 41. of the Administrative Code for additional information. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Staff Review The Planning & Zoning Department will review the application, identify whether additional Process materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 1 _u.7 "2.25 A.'1. and :.0.102.15 5. Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section 250 -58. Updated 1001 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 3� Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures G. Official Interpretation of the Land Development Code Reference LDC section �. 106.00 and LDC Public Notice subsection 0103.06 P. Applicability Any affected person, resident, developer, land owner, or entity that is subject to the LDC may make a request to clarify the requirements for development approval or the meaning of a particular term, phrase, or requirement of the LDC. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Application for Official Interpretation" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Request details, pursuant to LDC section 1.05.01: Each request must identify the specific LDC citation to be interpreted; and A request for interpretation may contain no more than 3 issues or questions. The request 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. 3. An interpretation of the request prepared by the applicant. The interpretation shall include justification for the request. Completeness and After submission of the completed application packet accompanied with the required Processing of fee, the applicant will receive an electronic response notifying the applicant that the Application petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice — For Notification requirements are as follows. q See Chapter 8 of the Administrative Code interpretation of for additional notice information. County wide application of the 1. Newspaper Advertisements: Upon issuance of the interpretation, the County GMP and LDC Manager or designee shall provide a legal advertisement that is published in a newspaper of general circulation. The advertisement shall include at a minimum: • Brief summary of interpretation; • Location of affected property; and • Appeal time frame. Notice- For Notification requirements are as follows. q See Chapter 8 of the Administrative Code interpretations for additional notice information. affecting a specific parcel of land 1. Notification of affected property owner: If an official interpretation has been 1011 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A 11 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures requested by an affected party other than the property owner, Collier County shall notify the property owner that an official interpretation has been requested. 2. Mailed Notice: Upon issuance of the interpretation, the County Manager or designee shall provide written notice of the interpretation to property owners within 300 feet of the property lines of the land for which the interpretation is requested. 3. Newspaper Advertisements: Upon issuance of the interpretation, the County Manager or designee shall provide for a legal advertisement that is published in a newspaper of general circulation. The advertisement shall include at a minimum: • Brief summary of interpretation; • Location of affected property; • Appeal time frame; and • Project Location Map, if site specific. �',Ab is Hearil., No public hearing is required. Decision ra -, riser The County Manager or designee. "Revlevi Process 1. The Planning & Zoning Department shall determine whether the request is complete. If the Department determines that the request is not complete, the Department shall identify the deficiencies in a written notice to the applicant. The Department shall take no further action on the request for the official interpretation until the deficiencies are addressed. 2. After the request for the official interpretation is complete, the County Manager or designee shall review and evaluate the request in light of the Growth Management Plan and LDC, as applicable, and render an official interpretation. 3. The County Manager or designee may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release of the official interpretation to the applicant, the official interpretation shall be reviewed by the county attorney for legal form and sufficiency. 4. The interpretation shall be in writing and shall be sent to the applicant by certified mail with a return receipt requested. Tim tang Pursuant to LDC section, official interpretations shall be rendered within 45 days of issuance of a determination of completeness. Oi'`fi6ai Pecwd The County Manager or designee shall maintain an official record of all interpretations rendered. The official interpretations shall be available for public inspection during normal business hours. Appeals An official interpretation may be appealed to the BZA by the applicant, affected property owner, aggrieved, or adversely affected party within 30 days from the receipt by the applicant or affected property owner of the written official interpretation or within 30 days of the newspaper publication. q See Chapter A. of the Administrative Code. Updated 1021 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx �' 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures H. Sign Permit Reference LDC section S.,'06.00i Applicability This procedure applies to any construction, installation, rebuilding, reconstruction, relocation, alteration, or change in the sign, including a change in the graphics or message of any sign. Pre - application A pre - application meeting is not required. Initiation The applicant files a Sign Permit application with the Operations & Regulatory Management Department. The Sign Permit can be downloaded from the Collier County website by following this link: http: / /www.colliergov .net /index.aspx ?page =3428 Application Submittal Credentials: All drawings, plans, and specifications for pole signs, projecting Contents signs, and any ground sign over 32 square feet or 8 feet in height shall be submitted by a Florida certified design professional. The application must include the following: 1. Applicant contact information. 2. Notarized approval letter from property owner or management company. 3. The legal description and the street address of the property upon which the sign is to be erected. 4. The dimensions of the sign including height. S. The graphics /message to be placed on the sign face. 6. If the sign or sign graphics /message is illuminated or electronically operated, the technical means by which this is to be accomplished. Additional In addition to the application contents mentioned above, applications for a Wall Sign Requirements for must also include the following, pursuant to LDC section ;...16.11: Wall Signs 1. Two copies of the Construction Drawings, including: • Method of attachment or Engineering; • Color rending; and • Dimensions of signage. 2. Two copies of the Elevation Drawings, including: • Identifying the height and width of the unit or building; • Placement of sign on elevation; • 10 percent clear area; and • Site plan showing location if more than 1 wall sign is applied for. G See Freestanding Sign site plan requirements below. 103 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 6� 9A 4� Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures Additional In addition to the application contents mentioned above, applications for a Freestanding Requirements for Sign must also include the following, pursuant to LDC section 5.CIF).11: Freestanding Signs 1. Two copies of the Construction Drawings, including: • Method of attachment or Engineering; • Color rendering; and • Dimension of signage. 2. Two copies of the Site Plans, including: • Showing placement of sign; • Showing setbacks from sign to property lines; • Showing road frontage dimensions; and • Showing location. Completeness and The Operations and Regulatory Management Department will review the application for Processing of completeness. After submission of the completed application packet accompanied with Application the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the permit is being processed. Accompanying that response will be a receipt for the payment and the tracking number assigned to the permit. This permit tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Operations and Regulatory Management Department will review the application utilizing the criteria identified in LDC section 5,06.030. Permit Number Following approval, the permit number shall be displayed or affixed at the base of the Displayed sign structure, and • Shall have the same life expectancy as the sign; • Shall be clearly legible to a person standing five feet in front of the base of the sign; and • Shall be at least one -half inch ( % ") in height. Updated 1041 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures I. Site Development Plan I.1. Conceptual Site Plan (CSP) Reference LDC subsection "').14. C. Applicability This procedure applies to any request for a Conceptual Site Plan, which is designed to be an informal review and approval process that may precede a Site Development Plan approval. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Application for Conceptual Site Plan (CSP)" with the Planning and Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Narrative description of the project. 3. Property information, including: • Legal description; • Property identification number; • Assigned project planner; and • Total acreage of subject site. 4. Two site plans, drawn to scale, showing the location of proposed infrastructure and buildings, zoning and land use of subject and surrounding properties, and required perimeter landscape buffer and building setbacks, including: • A table showing the required and provided setbacks and separation of structures, with a reference to the applicable ordinance from which these requirements are taken; • A table showing parking calculations, and number of spaces required and provided; • For residential projects, a table showing the permitted density and the number of units provided, including the minimum floor per dwelling unit required and provided; and • A note on the site plan stating that: "Site geometry, parking, setbacks, and landscape buffers shall meet the Collier County LDC and /or applicable PUD ordinance requirements." Completeness and The Planning & Zoning Department will review the application for completeness. The Processing of completed application packet must be accompanied with the required fee. The tracking Application number (i.e., PL201200000) will be assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. 105 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 1o.docx 1 � Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC section ]"A-2 03 and other provisions of the LDC. Updated 1061 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures I.2. Site Development Plans (SDP) Reference LDC section lL;.02 03 and other provisions of the LDC. Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC subsection 10.02.r 3 .n.3. Pre - Application A pre - application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC subsection _'L,0 02.v3 '. Initiation The applicant files an "Application for Site Development Plan" with the Planning & Zoning Department. Application Submittal Credentials: The engineering plans shall be signed and sealed by the applicant's Contents and Site professional engineer licensed to practice in the State of Florida. The landscape Plan Requirements plans shall be signed and sealed by a landscape architect registered in the State of Florida. For projects subject to LDC section 5.O 3.Oft, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Sheet size: The site development plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale. The application shall include the following, if applicable: 1. Applicant contact information. 2. Addressing checklist. 3. Warrant deed. 4. Property information, including: • Project title; • Legal description; • Property identification number; • Section, township and range; • Subdivision name, unit, lot and block; and • Scale, north arrow, and date. S. Electronic copies of all documents. 6. Proof of ownership, including 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). 7. Owner /agent affidavit as to the correctness of the application. 8. PUD Ordinance and Development Commitment Information. 9. PUD Monitoring Report and Schedule, if applicable. 10. A Cover Sheet with the following information: • The project title and the name, address and phone number of the firm or 107 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A Chapter 4 / Administrative Procedures agent preparing the plans and the name, address and telephone number of the property owner; • Zoning designation of the subject property. In the event that the property is zoned PUD, the name of the PUD and the number of the ordinance approving the PUD; • Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and • A legal description and the property appraiser's property identification number(s) /folio number(s) for the subject property or properties. 11. 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 narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, preservation areas, private streets, and easements; • A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the LDC and /or applicable PUD ordinance: • Total site acreage; • Total square footage of impervious area (including all parking areas, drive - aisles, and internal streets) and its percentage of the total site area; • Total square footage of landscape area /open space and its percentage of the total site area; • For projects that include residential uses, total number of units, density, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum /maximum (as applicable) floor area required and floor area proposed; • For projects that include non - residential uses, 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; • All required and provided setbacks and separations between buildings and structures in matrix form; • Maximum zoned building height allowed and actual building height as defined in LDC section 1.08.00; • Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right -of -way or right -of- way easement; and • North arrow, scale, and date. • A parking summary in matrix form which shall include: o Type of use; 1081 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A Chapter 4 / Administrative Procedures o Total square footage per use; • Required parking ratio, number of standard spaces required by use, and number provided; • Number of loading spaces required and provided (if applicable); and o Total number of spaces provided by use. The following building construction information must be included in the SDP packet: • Information in the Standard Building Code, type of construction, 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; • 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; and o Location of existing and proposed fire hydrants. • Illustrative information accurately depicted unless waived at the pre - application meeting: o 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 of 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; o 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; o Location and configuration of all development ingress and egress points; o Location and arrangement of all proposed buildings (including existing buildings that are to remain); o Location and configuration of all parking and loading areas; o Name, alignment, and existing /proposed right -of -way of all internal streets and alleys; o Directional movement of internal vehicular traffic and its separation from pedestrian traffic; • Location and configuration of recreational facilities (including related buildings, golf course areas, tennis courts, pools, etc.); • Location and general configuration of all water and drainage retention /detention areas as well as all existing and proposed 1091F,age I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 1o.docx 9A a Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures easements, and water and sewer lines intended to serve the development; • Location and general configuration of such natural features as preservation /conservation areas, water bodies, and wetlands; • Location of emergency access lanes, fire hydrants and fire lanes; • Location of all handicapped parking spaces; • Location of trash enclosures; • Location and heights of proposed walls or fences; and • Accurate dimensions which include the following: ■ All building setbacks; • Distance between buildings and accessory structures; • Width of all internal streets; • All parking areas and drive - aisles; and • Landscape areas adjacent to all vehicular drives, interior property lines and all parking areas. • 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; • Access Management Exhibit, identifying existing and proposed access points, nearest U turns and legal access to the site; • Roadway elevations; and • Any additional relevant information required by the Planning & Zoning Department. 12. Architectural Plans. q See Chapter 4.A of the Administrative Code for Architectural Plan submittals. The plans shall also include: • If proposed, dumpster enclosure details depicting height and material and color of walls and gates; and • If proposed, light pole details depicting height and colors of pole and housing. 13. Stormwater management information as follows: • The South Florida Water Management District Environmental Resource Permit or General Permit number, if obtained; • Stormwater management control structure(s) location (referenced to State Plane Coordinates, Florida East Zone, North American Datum 1983 (NAD'83), latest adjustment); • Stormwater management control elevation(s) and overflow elevation(s) (referenced to the North American Vertical Datum, 1988 (NAVD '88), latest adjustment), and NGVD; • Twenty- five - year /3 -day design discharge at control structure(s); 1101 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures • Drainage calculations, including pipe sizing calculations; • Estimated cost of construction of roadways, paving, and drainage; • Engineer's Report with Assumptions and Explanations; • Engineering Review Checklist, signed by a professional engineer; • Hydraulic Grade Line Pipe calculations for culverts; and • Streetlight plan, for multi - family housing. 14. For residential projects subject to the provisions of LDC section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. 15. Certificate of Adequate Public Facilities application, if applicable. 16. Landscaping Plan. A landscape plan which shall contain the following: • Landscape summary. A landscape summary in matrix form which shall include: • Graphic symbol to indicate each type of plant material; • Botanical name; • Common name; • Total number of each type of plant material; • Height and spread of each type of plant material; and • Spacing of each type of plant material. • Illustrative information. Illustrative information consisting of the following shall be accurately depicted on the landscape plan: • The location, configuration, and arrangement of all proposed buildings, internal streets and parking areas as reflected on the site plan; • 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; • Location and configuration of all special or textured paving areas; • Provisions for site irrigation; and • Any additional relevant information as may be required by the County Manager or designee. 17. 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 the following: • Upland, wetland and estuarine vegetation including prohibited exotic vegetation, mapped using FLUCFCS terminology; • Any type of vegetation identified for preservation; • Conservation easement including signed and sealed legal description and boundary survey for preserve, include protective language, and provide a 1111 Pab- e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures sketch and description in construction plans. • Projects containing the following shall provide a survey identifying species and locations on a current aerial photograph at a scale of 1 inch equals 200 feet or larger or superimposed on the site plan: o Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. o Specimen trees designated by the BCC, pursuant to LDC section 3.05.09. o State or federal rare, threatened or endangered plan species surveyed according to accepted Florida Fish and Wildlife Conservation Commission or U.S. Fish and Wildlife Service methods. o Existing trees that may be credited toward the development's landscaping requirements. • For proposed site alteration(s) within the coastal 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 LDC sections 3.03.03- 3.03.04. 18. 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. 19. Density bonus. If 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. 20. Building plans. Plans showing proposed building footprints, spatial relationship to one another when there are multiple buildings and building heights. 21. Traffic Impact Study. bSee Chapter 7 of the Administrative Code. 22. Soil erosion and sediment control plan. C*See Chapter 7 of the Administrative Code. 23. Construction Plans. Detailed on -site and off -site infrastructure improvement plans and construction documents prepared in conformance with the design standards identified in LDC section t. " .: ^ and any current county ordinances, regulations, policies and procedures, which consist of, but are not limited to, the following items: • A cover sheet setting forth the development name, applicant name, name of Engineering firm, and vicinity map; • Improvements for water and sewer service as needed or as may have been specified during a site development plan review prepared in conformance with the Utilities Standards and Procedures Ordinance, 2004 -31, as amended; 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 site development plan review, prepared in conformance with the subdivision design requirements. Non - motorized circulation is defined as movement by persons on foot, bicycle, or other human - powered device. Non - motorized 112 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A �! Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures circulation depicting sidewalks and bicycle facilities shall be consistent with LDC subsection 5.05.08 A.S. Cross sections and details for improvements are required; • The absence of obstructions in the public right -of -way shall be demonstrated, including provisions for safe and convenient street crossing; • Cross sections and details for improvements required in LDC subsections A.'.; through 6.06.10'2 A -9; • Improvements for water management purposes as needed or as may have been specified during the site development plan review, prepared in conformance with subdivision design requirements and pursuant to South Florida Water Management District rules, chapter 40E -4, 40E -40 and 40E -41, Florida Administrative Code; • Citation to the applicable technical specifications for all infrastructure improvements to be constructed; • Engineering design computations and reports for water, sewer, roads, and water management facilities, as required by federal, state, and local laws and regulations. • Topographical map of the property including: Existing features, such as, watercourses, drainage ditches, lakes, marshes. • Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. • Benchmark locations and elevations (to both NGVD and NAVD). • Site clearing plan and methods of vegetation protection. • Where jurisdictional wetlands occur onsite, approved wetland jurisdictional lines shall be shown on the construction plans. 24. County- Permits: All necessary permits and 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. These permits may include, but are not limited to the following: • Excavation permit; • A Collier County right -of -way permit; • Blasting permit, prior to commencement of any blasting operation; • Interim wastewater and /or water treatment plant construction or interim septic system and /or private well permits prior to building permit approval; • 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; • All other pertinent data, computations, plans, reports, and the like necessary for the proper design and construction of the development that may be submitted; and 113 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A Chapter 4 Administrative Procedures • All necessary performance securities required by Collier County ordinances in effect at the time of construction. 25. Non - County Permits: All Federal, State, and other local permits shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting. • Florida Department of Environmental Protection water and sewer facilities construction permit application; • Notice of Intent (NOI) to issue either a Florida Department of Transportation Right -of -Way permit; • South Florida Water Management District permit, if required or, Collier County general permit for water management prior to site development plan approval; and • 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, such as: o USACOE permit and exhibits. If no USACOE permit, SFWMD permit and exhibits shall be submitted; and o For the RFMUD, Agency accepted UMAM /WRAP scores. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction. All Federal, State, and local permits shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting. The following permits, if applicable, require final approval and issuance prior to the County pre- construction meeting: 1. Florida Department of Transportation Right -Of -Way Construction Permit. 2. Collier County right -of -way [ROW] permit. Digital Submittal After the final site development plan has been approved by the County Manager or designee for compliance with the LDC as provided in section 01 02.02, the applicant's 114 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A LA, Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Requa rernent professional engineer shall submit: 1. Digitally created construction /site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water /wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions— Lottxt layer. 115 a I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx now Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures 1.3. Site Improvement Plan (SIP) Reference LDC subsection 1 .0 .u3 E and other provisions of the LDC. Applicability This procedure applies to a site improvement plan (SIP) request. A SIP must meet all of the criteria in LDC subsection , . Pre - application A pre - application meeting is required unless waived by the County Manager or designee 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Project title; • Legal description; • Property identification number; • Section, township and range; • Subdivision name, unit, lot and block; and • Scale, north arrow, and date. 4. Zoning designation of the subject and adjacent sites and the proposed use of the subject site. S. Detail of requested changes. 6. Cover letter briefly explaining the project. 7. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly. 8. Location, configuration, and dimensions of all building and lot improvements. 9. Location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. 10. Location and dimension of access point(s) to the site. 11. Parking summary in matrix form, indicating the required and provided parking for 1161 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx at the request of the applicant, pursuant to LDC subsection 10—D2.013 E. Initiation The applicant files a "Site Improvement Plan Application" with the Planning & Zoning Department. Application Submittal Credentials: Pursuant to LDC subsection 10.012.03 E, the engineering plans shall Contents and Site be signed and sealed by the applicant's professional engineer licensed to Plan Requirements practice in the State of Florida. For projects subject to LDC section architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Project title; • Legal description; • Property identification number; • Section, township and range; • Subdivision name, unit, lot and block; and • Scale, north arrow, and date. 4. Zoning designation of the subject and adjacent sites and the proposed use of the subject site. S. Detail of requested changes. 6. Cover letter briefly explaining the project. 7. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly. 8. Location, configuration, and dimensions of all building and lot improvements. 9. Location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. 10. Location and dimension of access point(s) to the site. 11. Parking summary in matrix form, indicating the required and provided parking for 1161 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A k " Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 3 9_�i2_i, the applicant's professional engineer shall submit: 1. Digitally created construction /site plan documents, and 1 disk (CDROM) of the master plan file, including, where applicable, easements, water /wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +O.S feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge-of- pavement- EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite 117 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx each existing and proposed use. 12. Location and configuration of handicapped parking facilities and building accessibility features. 13. Location, dimension, and configuration of existing water management facilities. 14. Location of trash enclosures. 15. Location of existing and proposed landscaping with specifications as to size, quantity, and type of vegetation. 16. All required and provided setbacks and separations between structures in matrix form. 17. Any additional relevant information as may be required by the Planning & Zoning Department. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre - Construction A pre- construction meeting is not required. However, all Federal, State, and local permits Meeting shall be submitted prior to construction. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 3 9_�i2_i, the applicant's professional engineer shall submit: 1. Digitally created construction /site plan documents, and 1 disk (CDROM) of the master plan file, including, where applicable, easements, water /wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +O.S feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge-of- pavement- EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite 117 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions— Lottxt layer. 118 rf as e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A ' M Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures I.4. Site Development Plan Amendment (SDPA) Reference LDC subsection 10.0 %.G3 r and other provisions of the LDC. Applicability This process provides for amendments to a site development plan (SDP). A site development plan amendment (SDPA) shall meet the criteria identified in LDC subsection G See Chapter 41.5 of the Administrative Code for insubstantial changes to a site development plan (SDPI) or site improvement plan (SIPI). Pre - Application A pre - application meeting is required. Initiation The applicant files a "Site Development Plan Amendment Application" with the Planning & Zoning Department. Application Contents A site development plan amendment application must include the following, in addition to and Site Plan the Application Contents and Requirements for site development plans, as applicable. w Requirements See Chapter 41.2 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 1,'J.04,03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section S.GS.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Property information, including: • Original SDP number or AR /PL number; • Total area of project; and • Site address. 2. Description of proposed amendment. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application 119 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A ' 11 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures utilizing the criteria identified in the applicable LDC sections. Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction. All Federal, State, and local permits shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section -_1.02.'03, the applicant's professional engineer shall submit: 1. Digitally created construction /site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water /wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions— Lottxt layer. Updated 1201Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A M Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures I.5 Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SIPI) Reference LDC subsection 1(`.'G)2,03 a=. Applicability An insubstantial change must meet the criteria established in LDC subsection 0.10%.33 s In order to determine if a change is truly insubstantial and does not require an amendment to a SDP or SIP, the applicant shall contact the Planning & Zoning Department to discuss the proposed change. The applicant may request the meeting online (http: / /apps2.colliergov .net /webapps /vision /meetings) or contact the Planning & Zoning Department by mail or telephone to request a telephone consultation for Insubstantial Change to a SDP or SIP. Pre - Application A pre - application meeting is not required, but the applicant must obtain pre - submittal authorization from the Planning & Zoning Department. Initiation The applicant files an "Insubstantial Change to: Site Development Plans or Site Improvement Plans" application with the Planning & Zoning Department. Application Contents Submittal Credentials: Pursuant to LDC section 110.01 : G3, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.0_x.` 8, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Applicant contact information. 2. Project information, including: • Project Name; • Assigned Planner; • Original SDP /SIP Number; and • Section, township and range. 3. Addressing Checklist. 4. Copy of email from the planner who deemed proposed changed to be insubstantial. S. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 6. Coversheet with the following included: • Project title; 1211 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx � 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures • Reference stating the project is an Insubstantial Change to appropriate SDP of SIP; • Applicant Contact Information; • Zoning designation (if zoned PUD, include PUD Ordinance and Development Commitment Information); • Vicinity map clearly identifying location of the development; • Legal description; and • Property identification Number. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Appliration applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. l`iotire No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. l?E_vit ,f Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. 122 1 P a e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A N Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J. Temporary Permits J.1. Amplified Sound Permit Reference Code of Laws and Ordinances section 54 -92. Applicability This procedure applies to a request for a one -time, site- specific, Amplified Sound Permit for any commercial business or nonresidential land use which conducts such outdoor entertainment activities within 2,500 feet of any property containing a residential use or of any residential zoning district. gSee Code of Laws and Ordinances section 54 -92 for information on how to measure the distance of the sound source to the affected residential property. Pre - Application A pre - application meeting is not required. Initiation An applicant files an "Amplified Sound Permit" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. A current valid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 250.13 et seq. 3. Consent /authorization of owner. 4. Business or establishment information, including: • Name of business /establishment; • Property identification number; • Address; • Phone number; and • Zoning classification. 5. A sketch and description of the area in which the event will occur on the property. 6. A narrative description of any factors which might mitigate the impact of close proximity of the activity to adjacent residential use or zoning; 7. Event information, including: • Type of event (i.e. amplified, non - amplified, community event, enclosed, and /or non - enclosed); • Description of event; • Hours of operation; • Hours of music; and • Identification of sound, method and number of loudspeakers and other amplifying devices to be used. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the 123 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx ;.it. Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures , "Xp nccation petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision rn,ik � The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the Code of Laws section 54 -92. upi: axed 1241 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A W. Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.2. Annual Beach Event Permit Reference LDC section 5.104.01, 5.04.07, LDC subsection 10.02.06 F, and LDC Appendix G. Applicability This procedure applies to a request for an Annual Beach Event permit. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Annual Beach Events Permit" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent /authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 250.13 et seq. 4. Event information, including: • Property identification number; • The effective dates of permit; • Reason for event; and • On -site contact information. 5. Description of proposed uses. 6. Duration of use. 7. Hours of operation. 8. Impact of proposed use on adjacent properties. 9. FDEP field permits shall be submitted prior to commencement of activity, if applicable. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.07. Updated 125 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.3. Carnival/ Circus Permit Reference Code of Laws and Ordinances sections 10 -26 to 10 -33, 10 -46 to 10 -51 and sections 66 -89 to 66 -91. Applicability This applies to any operator, sponsor, or owner of a carnival or exhibition. This includes any activity (whether private or commercial) with the following characteristics not prohibited by state law to be open to the public for an admission or participation fee: • Menageries; • A circus, sideshow performances, ferris wheels and other ride activities, food and drink dispensing facilities; • Booths for the conduct of games of skill and chance; and • Freak and similar novelty shows. Pre - Application A pre - application meeting is not required. Initiation The applicant files a "Carnival Operation Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. A current valid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 250.13 etseq. 3. Property information, including; • Legal description; • Address of subject site and general location; and • Property identification number. 4. Current zoning of subject property. S. A description of the nature of the application. 6. A surety bond in the penal sum of $2,500.00, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this section and subject to forfeiture under the terms provided in Code of Laws section 10 -31 and section 10 -33. 7. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000.00 for any one person and $300,000.00 for any one incident. 8. A current occupational license issued by the Collier County Tax Collector. 9. The name and headquarters address of the carnival or exhibition company with a direct or indirect financial interest; names and addresses of any sponsoring organizations, and the name and local address of the applicant representing the carnival or exhibition company. 1261Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 10. A description of every activity to be conducted such as but not limited to, menageries; circus and side -show performances; amusement, merry-go -round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by state law to be open to the public for an admission or participation fee and number of persons to operate the activities. 11. Name and identification of each person accountable for the operation of each activity. 12. A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities, parking facilities, and provision for lighting and public water. 13. Application for food establishment operating permit from the county health department as required by the Code of Laws and Ordinances section 66 -89 through section 66 -91. 14. The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 15. Provisions for traffic control, fire safety and security precautions. 16. The date and time each activity is to be conducted and concluded. 17. Written approval from the owner of the property authorizing the use of his premised for such carnival activity. 18. An indication of whether the event has been held in Collier County in the past, and if so the location and time the event was held. 19. Individual booth and sponsor notification form for temporary events with the following included: • Name of Event; • Name of Booth; • Person in Charge of booth; • Types of Food or Beverage to be served; • Location of advanced food preparation; • How food will be transported to event location; • Method of keeping food hot and /or cold at event site; • Method of cooking food at the location; • The method for protecting food from dust, insects, flies, coughs, and sneezes; and • The method for providing adequate facilities and supplies for employee hand washing. 20. A signed statement that the applicant understands that failure to comply with applicable food service requirements in accordance with Chapter 1OD -13, Florida Administrative Code, may result in enforcement action. 21. Addressing checklist. 127 1 P i e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures 22. Owner /agent affidavit as to the correctness of the application. Completeness and The Planning & Zoning Department will review the application for completeness. P recessing of After submission of the completed application packet accompanied with the required .�Qop; ication fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. F iii,: rs r;a, The BCC shall hold at least 1 public hearing for events that have not been previously approved. Decision iclakt�r 1. For events that have been previously- approved, the County Manager or designee may, in their discretion, administratively approve any application for a carnival permit where the event being applied for is substantially identical to an event for which the BCC previously approved a permit application. 2. For events that have not been previously approved and cannot be administratively approved, the BCC shall act as the decision making body following interpretation of the criteria set forth in the Code of Laws and Ordinances section 10 -49. Review Process 1. Except asset forth below, the Planning & Zoning Department will review the application and forward one copy to the sheriff and one copy to the health department for review. The sheriff and health department will provide their comments within seven calendar days. 2. If required, the Planning & Zoning Department will place the application on the agenda of the next regular meeting of the BCC for approval or denial. 3. Previously- approved events: q See Code of Laws and Ordinances section 10 -48 and section 10 -51. Updaied 9A 1281 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.4. Film Permit Reference LDC section 5,04.01, < .r? , and LDC subsection i0.02.06 F. Applicability This procedure applies to the request for a Film Permit for the following activities taking place, in conjunction with commercial motion picture, film, television, video, or still photography production: the use of set scenery, temporary structures or other apparatus, special effects or closure of public streets or access ways. Pre - Application A pre - application meeting is not required. Initiation The applicant files a "Temporary Use Permit - Special Event" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent /authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale, when required by section F.S. § 250.13 et seq. 4. Locations, including the duration of use and hours of filming. 5. Description of proposed uses. 6. Impact of proposed use on adjacent properties. 4. 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 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. S. 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. 6. The following information is required by the County Manager or designee, unless waived: • A conceptual plan indicating the location of film events and parking facilities provided; • Plans for construction or utilization of structures on subject site(s); • 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; • A description of any lighting facilities that would be necessary and /or the need to disconnect any public lighting; • A description of any use which may encroach into environmentally sensitive areas; 129 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures • 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; • Necessity for closures of public streets or sidewalks and for what duration and location; • An indication of any utilization of aircraft /fixed -wing, helicopter, or balloons at the subject site(s); • List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County; • Provisions for traffic control, fire safety and security precautions; • 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; and • Additional information requested to assist Collier County in obtaining future film production. 7. 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 designee to provide for cleanup and /or restoration of the subject site(s). 8. Office of the Fire Code Official's requirements, if applicable: • Special Event Permitting Questionnaire /Checklist; and • Tent Installation Notification form. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.,04.08. Updated 1301 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter / Administrative Procedures J.5. Model Homes and Model Sales Centers Reference LDC section 5.04.011, 5.04.04 and LDC subsection 10.10 2.016 F= Applicability This procedure applies to a request for a Temporary Use permit for a model home or model sales center intended to facilitate the sale of a product similar in design as the model. Pre- Application A pre - application meeting is not required. Initiation The applicant files a "Temporary Use Permit -Model Home /Model Sales Center" application with the Planning and Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent /authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 250.13 et seq. 4. Property information, including; • Property identification number; • Subdivision /Development; • Unit, lot and block; • Developer /Builder information; and • Address of subject site and general location. 5. Current zoning of subject property. 6. Description of proposed uses. 7. Duration of use. 8. Hours of operation. 9. Identify the impact of proposed use on adjacent properties. 10. Model homes or model sales centers to be located within a proposed single - family development prior to final plat approval require the following additional application contents: • 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; • A site development plan <*See Chapter 41.2 of the Administrative Code; • A maximum of 5 models, or a number corresponding to 10% of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified; • Documentation showing all required utilities will be available to the subject site. The SDP must depict all required utilities in detail; • The boundaries depicted on the preliminary subdivisions plat shall be depicted on the SDP in order to ensure compliance with the applicable 1311 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures development standards in effect on the subject property; • 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; and • Confirmation that the model home has not been previously used as a residence. 11. A Model Sales Center within an existing subdivision requires the following additional application contents: • In the case of a permanent structure which is a dwelling unit, a site improvement plan (SIP), pursuant to LDC section 10.02.04 and subsection 5.04.04 C; • In the case of a permanent structure, other than a dwelling unit, a site development plan (SDP), pursuant to LDC section 10.02.03 and subsection 5.04.04 C; and • In the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan which addresses the requirements of LDC subsection 5.04.04 C. Completeness afid The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. Notice No notice is required. Public Hew ng No public hearing is required. Decision m<,t er The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.04. 1321 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A , Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.6. Special Events Reference LDC section 5.04.01, LDC subsection x:.04.05 A, 100.02.0'6 i, and Code of Laws section 118- 131 to 118 -155 Applicability This procedure applies to a request for a Temporary Use Permit. Specifically, for a Special Event such as a sales and promotional event or a sports, religious, and community event. Pre - Application A pre - application meeting is not required. Initiation The applicant shall submit a "Temporary Use Permit - Special Event" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent /authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 250.13 et seq. 4. Property information, including; • Legal description; • Property identification number; • Shopping center; • Business name; and • Address of subject site and general location. 5. Current zoning of subject property. 6. Type of event proposed. 7. Description of proposed uses. 8. Duration of use. 9. Hours of operation. 10. Impact of proposed use on adjacent properties. 11. A conceptual site plan (CSP) or a site development plan (SDP) is required for special events and seasonal sales. The site plan must demonstrate that provisions will be made to adequately address each of the following: • Vehicular and pedestrian traffic safety measures; • Limited activity hours; • Watchmen, fencing, and lighting; • Fire protection and emergency access measures; • Sanitary facilities; and • If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 1331 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A 0 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures • Adequate on -site or additional off -site parking areas shall be provided as follows: • A maximum of 10 percent of the parking required by LDC section 4.05.04 may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, and merchandise; and • The minimum required number of handicapped parking spaces pursuant to LDC section 4.05.07 shall remain available for use. 12. Temporary Event Recycling Plan, pursuant to Code of Laws section 118 -131 to 118- 155. 13. Office of the Fire Code Official's requirements, if applicable: • Special Event Permitting Questionnaire /Checklist; and • Tent Installation Notification form. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection .v a. A. Updated 1341 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.7. Temporary Uses during Construction Reference LDC section 5.04.01, 5.04.03 and LDC subsection 10.02.06 F, Applicability This procedure applies to a request for a Temporary Use permit during the construction of any development for which at least a preliminary development order has been granted. Pre - Application A pre - application meeting is not required. Initiation The applicant files a 'Temporary Use Permit - Construction and Development" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent /authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 250.13 et seq. 4. Property information, including; • Development /Subdivision; • Developer; • Address of subject site; and • Site development plan number. 5. Description of proposed uses. 6. Duration of use. 7. Hours of operation. 8. Impact of proposed use on adjacent properties. 9. Proposed temporary structures require the submittal of a conceptual site plan. q See Chapter 41.1 of the Administrative Code. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the 135 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures criteria identified in the LDC section 5.04.03. Emm 9A k 1361 Paa. e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A t Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures K. Zoning Certificate Reference LDC subsection 10.02.015 B.'.f. Applicability 1. A Zoning Certificate provides a statement of compliance with the LDC for proposed uses. 2. A Zoning Certificate is required prior to: • Applying for a business license, for residential and non - residential; • Prior to occupying land or a building space. This includes a subdivided building, such as a strip mall; and • Prior to conducting business in all zoning districts. 3. It is recommended to obtain a Zoning Certificate prior to any building remodels. Pre - Application A pre - application meeting is not required. Initiation The applicant files one of the following applications with the Planning and Zoning Department: • "Land Use and Zoning Certificate -Home Business," or • "Land Use and Zoning Certificate- Non - Residential' Application Contents An application for a Non - Residential Zoning Certificate must include the following: for Non- Residential 1. Applicant contact information. 2. Business information, including: • Name; • Phone number; • Address; • Owner or qualifiers name; • Type of business or use; • Complex name, if applicable; • Type and name of business previously or presently occupying location; and • The length of time the property has been vacant, if applicable. 3. Building use information, including: • Proposed building use, including the square footage devoted to the use; • A brief description of the building (e.g., single- occupant building, shopping center, office or business center); • Total building floor area; and • Number of parking spaces for the building, and the number available for the proposed use. Application Contents An application for a Home Business Zoning Certificate must include the following: for a Home Business 1. Applicant contact information. 137 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 1381 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 2. Business name, phone number, and address. 3. A brief description of the type of business or use. Completeness and The Planning & Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notices No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. ;uv i - -,U P c;ce- s After the application is complete, the Planning & Zoning Department will review and evaluate the application and will issue or deny the Zoning Certificate based on the provisions of the LDC. Updated 1381 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures L. Zoning Verification Letters L.1. Zoning Verification Letter - Generally Reference LDC subsection 1 ). r2>.06 Applicability A Zoning Verification Letter may be used to verify: 1. The zoning of the property according to the Collier County Zoning Map; 2. Future Land Use according to the Collier County Growth Management Plan. The letter may provide additional information about the subject property if the applicant requests it. This includes: 1. Permitted uses and development standards applicable to the property under the LDC; 2. Zoning of the adjacent properties; 3. Confirmation of any Site Development or Improvement Plans approved for the property; 4. Confirmation of any Variances or Conditional Uses approved for the property; S. The nonconforming status of the property (whether the lot is "buildable ") will be provided if specifically requested; and 6. Additional zoning information may be provided, subject to the availability of information, and may be specifically requested. Pre - Application A pre - application meeting is not required. Initiation The applicant files a "Zoning Verification Letter Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Address of subject site; and • Property identification number. 3. Type of verification being requested. 4. Additional materials may be requested, such as the original or amended site plan and /or survey. S. If verification as to nonconforming status is requested, a copy of the Property Appraiser's Card shall be submitted with the application. This copy may be obtained from the Collier County Property Appraiser's Main Office located at 3950 Radio Rd., or by calling 239 - 252 -8141. 6. Information on building permits must be obtained through the Growth Management Records Room at 239 - 252 -5740. 7. Information on Code Enforcement cases /violations must be obtained through 139 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures the Code Enforcement Department at 239 - 252 -2440. Cornpieteri,7ss -,od The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. -ug; � ;°i,= ,;rit? ; No public hearing is required. Dc-6s on :pia i <e The County Manager or designee. Revietw Pror ss The Planning & Zoning Department will review the application, identify whether additional materials are needed, and prepare a Zoning Verification Letter for the applicant. Updated 140 1 P I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures L.2. Zoning Verification Letter - Non - residential Farm Building Reference LDC subsection 1-0.02.06 1 and F.S. § 823.14 and F.S. § 553.73(10)(c) Applicability A Zoning Verification Letter may be used to establish that a non - residential farm building and /or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. Pre - Application A pre - application meeting is not required. Initiation The applicant files a "Zoning Verification Letter Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Property identification number; and • Address of subject site. 3. Type of verification being requested. 4. Description of the existing /proposed use of the property. 5. Description of the proposed nonresidential farm building. 6. A survey or sketch, dawn -to -scale plan showing the property boundaries and dimensions and existing easements or rights -of -way, location of water bodies or jurisdictional wetlands. 7. Location of the existing and proposed buildings, identifying the separation distances between buildings and the setbacks to the proposed nonresidential farm building. 8. Compliance with floodplain construction standards. 9. Proof of Bona Fide Farm Operation: • Farm Serial Number assigned by USDA Farm Services; or • Documentation that the land has an Agricultural Exemption through the Collier County Appraiser's Office; or • Description and any supporting documentation to confirm that the property is a Bona Fide Farm Operation, as defined by FS § 823.14; 10. A signed affidavit, stating that the proposed structure is exempt from the requirements for a Building Permit per FS § 553.73. 11. Additional materials may be requested by the staff planner if necessary. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a 1411 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A e�M Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice. No notice is required. Public Hearing No public hearing is required. c ci i �n Maker The County Manager or designee. Review Pr. c =.s The Planning & Zoning Department, in coordination with the Building Official, review the application, identify whether additional materials are needed, prepare a Zoning Verification Letter for the applicant. Updated 1421 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 'k 9 A w - Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures L.3. Zoning Verification Letter — Fence Finished Side Out Waiver Reference LDC subsection 5.03.02 F.5.a. and °D'o. }2.06 i. Applicability A zoning verification letter may be used to waive the requirement that fences and walls are to be constructed to present the finished side to the adjoining lot or any abutting road right -of -way. Pre - application A pre - application meeting is not required. Initiation The applicant files a "Zoning Verification Letter (ZLTR) —Generally" application. Application The application must include the following: Contents q See Chapter 4 L.1 of the Administrative Code- Zoning Verification Letter — Generally" application content requirements. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No Public Hearing is required. Decision Maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare the Zoning Verification Letter based on the criteria in LDC subsection 5.03.02 F.S.a. Updated 143 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 � This page intentionally left blank. Page No. / gy Chapter S. Subdivision Procedures The following applications and approvals listed in this Chapter are for subdivision procedures. 145 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures A. Lot Split Reference LDC subsection 4.i3.O- Applicability This section applies to the division of a lot, parcel, or lot of record into no more than two parcels. No development order or development permit for the property will be approved until the lot split is recorded. Pre - Application A pre - application meeting is not required. Initiation The applicant files an application for "Lot Split" with Planning & Zoning Department. Application Submittal Credentials: The survey shall be signed and sealed by a professional Contents surveyor and mapper registered to practice in the State of Florida. The application must include the following: 1. Applicant contact information; 2. Property information, including: • Legal description; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; • Property Appraiser's Parcel Number, if applicable; • Area of existing lot in sq. ft.; • Area of proposed lots in sq. ft.; and • Width of proposed lots calculated according to the LDC defined term for "lot measurement, width." 3. Property History Card, indicating the date the lot first appeared in the Property Appraiser's Records in its current configuration. 4. Recorded warranty deed to show the current ownership from the Clerk of Co u rts. S. A signed and sealed survey showing existing and proposed lot dimensions, easements of record, and all structures on the subject property. 6. A drawing or survey showing location of proposed access, including the location of proposed access easements. 7. Addressing checklist. 1461Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- SO.docx 9 A 4- Collier County Land Development Code I Administrative Procedures Manual Chapter / Subdivision Procedures Completeness and The Engineering Services Department will review the application for Processing of completeness. After submission of the completed application packet accompanied Application with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXXPL201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the lot split application and will approve, approve with conditions, or deny the application based on the criteria established in LDC subsection Recording The applicant shall file the approved lot split with the Property Appraiser or the Clerk of Courts and record it in the Official Land Records of Collier County. The lot split shall not be effective until it is recorded. Updated 1471 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures B. Lot Line Adjustment Reference LDC subsection A. Applicability A lot line adjustment between contiguous lots or parcels, which may be platted or unplatted and under the same or separate ownership, may be requested to correct an engineering or surveying error or to allow an insubstantial boundary change between adjacent parcels. Initiation The applicant files a "Lot Line Adjustment (LLA)" application with the Planning & Zoning Department. Pre - Application A pre - application meeting is required unless waived by the County Manager or designee. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Project name; • Legal description of each lot; • Property identification number of each lot; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and • Zoning designations of each lot. 4. A narrative describing the reason for the lot line adjustment and proposed reconfiguration. S. An affidavit by all property owners that they consent to the lot line adjustment and resulting lot formation. The affidavit shall include the number of existing and resulting lots and that the lot line adjustment complies with the criteria set out in LDC section 4.03.04. The affidavit shall be signed by all property owners and include the following attachments: • Drawings that clearly show the original and the proposed configuration of the lots involved including acreages; • Lot width before and after, calculated according to the LDC definition of "lot measurement, width "; • Lot width provided to depth equal to that of minimum required front yard; • A table and drawing showing setbacks required by the zoning district as they apply to the reconfigured lot; and • Copy of signed and sealed survey by a professional surveyor and mapper showing all structures on each lot or noted as "vacant." The existing and proposed setbacks shall be included on the survey. 8. A drawing or survey showing location of proposed access, including the location of proposed access easements. 148 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx t 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 9. Quitclaim Deed(s). Completeness The Engineering Services Department will review the application for completeness. After and Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXXPL201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Director will approve, approve with conditions, or deny the lot line adjustment using the criteria in LDC subsection 4.'`3.014 A. Timing gSee LDCsubsection 41 for timing requirements. Recording The applicant shall file the approved lot line adjustment affidavit, quitclaim deed(s) to complete the lot line adjustment, and exhibits with Clerk of Courts and record it in the Official Land Records of Collier County. The lot line adjustment shall not be effective until it is recorded. Updated 149 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures C. Preliminary Subdivision Plat (PSP) 1. Preliminary Subdivision Plat - Standard Reference LDC subsection 20 0<.04 is and other provisions of the LDC. Applicability The preliminary subdivision plat (PSP) process is required for integrated phased developments, but is otherwise an optional procedure for subdivision development. If an applicant chooses to submit a PSP, the applicant shall provide all of the submittal requirements. The PSP application shall be submitted for the entire property to be subdivided. Pre - application A pre - application meeting is required. Initiation The applicant files a "Preliminary Subdivision Plat Petition" with Planning & Zoning Department. Application The application must include the following: Contents for Preliminary 1. Applicant contact information. Subdivision Plats 2, Addressing checklist. 3. Property information, including • Legal description; • General location and cross streets; • Section, township and range; • Size of plat in acres; • Number of lots; and • Name of development. 4. Current zoning designation of subject property. S. PUD Monitoring Schedule, if applicable. 6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1 in. = 200 ft., illustrating existing conditions and any site improvements. 7. Environmental Data Requirements. G See LDC subsection .'.08,,O: A. 8. Traffic Impact Study, if applicable. G See Chapter 7 of the Administrative Code. 9. Original petition number (PUD name and ordinance, rezone, conditional use, site development plan, etc.), if applicable. 10. Owner /agent affidavit as to the correctness of the application. 11. Historical /Archeological Survey or waiver, if applicable. 12. Conditional Use application, if applicable. 13. If conditions are requested, justification based on sound engineering principals and practices shall be provided for each condition. 14. Generalized statement of subsurface conditions on the property, location, and results 1501Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures of tests made to ascertain subsurface soil conditions and groundwater depth. 15. If not shown on the plans, the zoning classification of the tract and all contiguous properties. 16. For residential projects subject to the provisions of LDC section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. 17. Electronic copies of all documents. Requirements for Submittal Credentials: The preliminary subdivision plat shall be prepared by the applicant's Preliminary engineer and professional surveyor and mapper. The boundary survey shall be Subdivision Nat signed and sealed by a professional surveyor and mapper registered in the State of Florida. Sheet size: The preliminary subdivision plat shall be submitted on standard size 24 -inch by 36 -inch sheets, drawn to scale. 1. A cover sheet, including a location map, showing the location of the tract in reference to other areas of the county with a north arrow, graphic scale, and date. 2. The 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. 3. Boundary survey, with bearings and distances as a written description with a reference to section corners. 4. The location and names of adjacent subdivisions and plat book and page reference, if any. 5. A land plan with the following information identified: • Location, dimensions, and purpose of all existing and proposed streets, alleys, property lines, easements, and rights -of -way of record; • Existing streets and alleys of record 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; • Location of existing and proposed sidewalks and bike paths; • Location of all existing and proposed utilities and related easements; • Location and purpose of existing drainage district facilities and their right -of- way requirements; • Location of existing and proposed watercourses, drainage ditches, bodies of water, marshes and wetlands; • Location of existing possible archaeological sites and other significant features; • The proposed layout of the lots and blocks; • The plan shall indicate whether the streets are to be public or private. Proposed street names shall be identified on all public and private thoroughfares; • Location of proposed sites for parks, recreational areas, and school sites or the like, in accordance with any existing ordinances requiring such a 1511 Pale I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx am:, Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures dedication; • Location of buffer areas required by LDC section 4.06.01 shall be illustrated and the dimensions provided, if appropriate at this time; and • Typical right -of -way and pavement cross sections shall be graphically illustrated on the plans and shall include but not be limited to the location of sidewalks, bike paths, and utilities. 6. Interconnectivity of local streets between developments shall be consistent with LDC section 6.06.01 B and GMP Objective 9. 7. Access Management Plan. All access provisions to the nearest public street(s) shall be identified, including all existing and proposed driveways. 8. Water Management Plan. The master water management plan shall outline the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management, and development of the subdivision. All existing drainage district facilities and their ultimate right -of -way requirements as they affect the property to be subdivided shall be identified on the plan. Drainage data, assumed criteria, and hydraulic calculations, consistent with the criteria and design method established by the SFWMD shall be included in the Engineer's Report. • The plan and report shall include the preliminary design calculations indicating the 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. Any additional information submitted to SFWMD shall also be provided with the plans. 9. Lot configurations. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. For fee - simple residential lots, the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot (i.e., Lots 1 -20, single - family attached (patio home), and show a typical unit on typical interior and corner lots, depicting setbacks (including preserve setbacks, if applicable) and /or separation of structures. In addition, for fee simple residential lots the illustration shall portray the location of typical units on atypical lots, such as cul -de -sac, hammerhead, and all irregular lots. For non - residential lots (i.e., multi - family amenity lots or parcels, commercial /industrial lots), the illustration shall portray setbacks and building envelope. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where there is more than one type of dwelling unit proposed (i.e., single - family detached, single - family attached, zero lot line), lots must be linked to the type, or types, of unit which they are intended to accommodate. • A table shall be provided showing lot area and lot width for each irregular lot. Regular corner and interior lots may show only typical width and area. 10. Master utilities. 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. 152 i a ;; e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A a Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures • The plans 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. Completeness and The Engineering Services Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application based on the criteria in LDC subsection Cu ," A and other provisions of the LDC and shall approve, approve with conditions, or deny the preliminary subdivision plat. Updated 153 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx f 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 2. Preliminary Subdivision Plat Amendment (PSPA) Reference LDC subsection 10.012. =34 AA and other provisions of the LDC. Applicability The County Manager or designee is authorized to make amendments to the approved PSP pursuant to LDC subsection 10.01!2 01)4 A Initiation The applicant files an "Amendment to Preliminary Subdivision Plat (PSPA)" application with the Planning & Zoning Department. Pre - Application A pre - application meeting is not required. Application Submittal Credentials: The preliminary subdivision plat amendment shall be signed and Contents and sealed by a professional surveyor and mapper registered in the State of Florida. Requirements for Preliminary Sheet size: The preliminary subdivision plat amendment shall be submitted on standard size Subdivision Plat 24 -inch by 36 -inch sheets, drawn to scale. Amendments The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of development. 4. Amendment to PSP Number (original PSP number). S. Cover letter describing the proposed changes. 6. Owner /Agent Affidavit. 7. Revised plat. 8. PUD Monitoring Schedule, if applicable. Completeness The Engineering Services Department will review the application for completeness. After and Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsection and shall approve, approve with conditions, or deny the amendment to the preliminary subdivision plat. Updated 154 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures D. Construction Plans and Final Subdivision Plat (PPL) D.1. Construction Plans and Final Subdivision Plat - Standard Reference LDC subsections 1 )- 3 and 1u 02,04 C and other provisions of the LDC. Applicability The procedure applies to Construction Plans and Final Subdivision Plats (PPL) which is a required process prior to development and recording of a subdivision where improvements are required. Ca See Chapter 5 F. of the Administrative Code to submit a Minor Final Plat (FP) — when improvements are not required. q See Chapter 5 E. of the Administrative Code to submit Construction Plans (CNSTR) — when there are only improvements and no platting or recording is required. Pre - Application A pre - application meeting is required for a Construction Plans and Final Subdivision Plat Meeting application. The following information is beneficial to bring for discussion at the pre - application meeting: Written and mapped information describing: 1. A brief description of the land subject to the application and existing conditions. 2. Existing and proposed zoning classifications. 3. The proposed development — include the property subject to the application and any future phases. 4. Existing covenants or restrictions. S. Location of utility facilities, public facilities, and anticipated utility sources. 6. Water retention areas. 7. Public areas. 8. General soil characteristics. 9. Proposed number of parcels, lots, or tracts. 10. Typical lot or other parcel configuration. 11. Current aerial photograph with a clear film overlay with the proposed subdivision configuration superimposed on the aerial photograph. Aerials and overlay information must be legible at the scale provided. 12. Any other information needed to prepare and review of the application. 13. A map, at a scale of at least 1 in. =200 ft., identifying the following: • Location of the subject property and identification of adjacent lands; • Approximate acreage; • Date of map; • North arrow and scale; • Natural features such as native habitat identified by vegetative cover and depicted in aerial imagery; low or swampy areas; water bodies, streams, 155 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A r Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures lakes, canals or the like; • Streets and layout of all adjoining streets; • General lot and block layout; • Zoning classification of the property subject to the application and adjacent properties; • Location of existing improvements; and • Any other significant features. Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with Planning & Zoning Department. Pursuant to LDC subsection '10.0,!.04 !3.6, site development plans may be submitted for review once the first review comments of the construction plans and final subdivision plat are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. Application Contents The application must include the following: for Construction Plans and Final 1. Applicant contact information. Subdivision Plats 2, Addressing checklist. 3. Property information, including: • Legal description; • Zoning district; • Property identification number; • Project name; • Section, township and range; • Subdivision, unit, lot and block; and • General location and cross streets. 4. Zoning designation of subject property. S. PUD Monitoring Schedule, if applicable. 6. Digital file of conditional use or PUD application, if applicable. 7. Cover letter explaining the project. 8. PUD Ordinance and Development Commitment Information, as applicable. 9. Owner /Agent Affidavit and Evidence of Authority. 10. Opinion of title. 11. Letter of intent as to the timeline for construction and platting. 12. Home Owner Association documents, if applicable. 13. An aerial photograph. All information must be legible at the scale provided. 1561 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx t9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures 14. Certificate of Public Facility Adequacy application. 15. Fire Flow test. 16. Zoning Data Sheet, including: • Name of Plat (and PUD, if applicable); • Development Standards per LDC or PUD; • Overall subdivision layout; • Table showing lot area and lot width for regular, interior and irregular lots; • Density, as allowed by zoning district; • For Residential lots: • Type of unit identified by LDC definition and description of what is permitted on each lot; • Drawing of typical unit or typical interior and corner lots, showing setbacks, including preserve setbacks) and separation from structures; and • Lot layout and setbacks, particularly for the unique lots. • For Non - Residential lots: o Identification of setbacks and building envelopes. 17. Historical /Archeological Survey or waiver, if applicable. 18. Environmental Data Requirements.pSee LDC subsection a. 19. Traffic Impact Study. G*See Chapter 7 of the Administrative Code. 20. School Impact Analysis, for residential projects only. 21. Information and data relating to previous zoning actions affecting the project site. 22. Utility letters of availability and plat easement approval letter for utility easements, if applicable. 23. Engineer's Report including: • Complete calculations used to design the facilities, including but not limited to all water, sewer, road, water management systems, and all accessory facilities, public or private; • Detailed hydraulic design calculations utilized to design the water management facilities for the subdivision or development; and • Detailed hydraulic design calculations utilized to design the water and sewer facilities regulated by the county. • Geo- technical report with soil boring results; • Engineering Review Checklist, signed and sealed by the applicant's professional Engineer; • Engineer's Opinion of probable cost; and 1571 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures • Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. 24. Vegetation Removal and Site Filling permit ( VRSFP), if requested. • Provide separate acreage calculations for each phase of clearing requested; • If clearing or filling lots and building sites, with or without stockpiling, a separate VRSFP application shall be submitted, pursuant to LDC subsection 4.06.04.A.2; and A site clearing plan. <*See Requirements for Construction Plans for more information. 25. Additional plans included in the construction plans packet: • Streetlight plans, signed and sealed by a professional engineer licensed to practice in the State of Florida or the utility provider; • Landscape plans, signed and sealed by a landscape architect registered in the State of Florida; and • Irrigation plans, signed and sealed by a landscape architect or irrigation designer. 26. Permits: All Federal, State and local permits, including but not limited to the following, shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting.. • SFWMD Permit, Permit Modification, or waiver, including staff report exhibits; • DEP utility installation permits, water /sewer; and • US Army Core of Engineers permit and exhibit, if applicable. 27. Electronic copies of all documents. Requirements for Submittal Credentials: The construction plans shall be signed and sealed by the applicant's Construction Puns professional engineer licensed to practice in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24 -inch by 36 -inch sheets, drawn to scale. The following are required to identify and provide on the construction plans: 1. A cover sheet, including a location map, showing the location of the tract in reference to other areas of the county. The map shall include a north arrow, graphic scale, and date. 2. Construction plans with specifications detailing /showing: • Complete configurations of all required improvements including, but not limited to, all water, sewer, roads, water management systems, and all appurtenant facilities, public or private; • Complete calculations used to design these facilities shall be included with the plans; and 1581 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A ^01 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures • If the development is phased, each phase boundary shall be clearly delineated. 3. Soil Erosion and Sediment Control Plan. q See Chapter 7 of the Administrative Code, 4. Vegetation Removal and Site Filling permit (VRSFP), if requested by applicant. • If clearing or filling outside infrastructure is requested, the plans shall differentiate on a site clearing plan (using hatching and legend) the infrastructure clearing and storage of fill as allowed by VRSFP. S. Preserve Management Plan, including a Native Vegetation Retention /Mitigation Plan, if requested by applicant. 6. Boundary and topographic survey, less than six months old. 7. Site Clearing Plan, including a vegetation inventory. • Areas where improvements are to be constructed with a maximum limit of 10 feet beyond any approved rights -of -way line or 5 feet beyond any easement line. 8. Design sections, i.e., cross sections of roads, lakes, berms, and lots. 9. Construction details showing compliance with applicable federal, state, and local standards. 10. For required improvements which will be constructed within an existing easement, the existing easement and facilities and the proposed easement and facilities shall be illustrated. • The applicant shall provide copies of the plans to the holder of the easement(s) simultaneously with its submission of the application to the county. 11. Plan and profile sheets, showing roads, water, sewer, conflict crossings, drainage, utilities, sidewalks, bike paths, and any unique situations. 12. Benchmark, based on NOAA datum (both NAVD and NGVD). 13. Locations of test borings of the subsurface condition of the tract to be developed. 14. The construction plans and attachments shall address special conditions pertaining to the subdivision in note form on the construction plans, including statements indicating: • Compliance with federal, state, and local standards as currently adopted; • Source of water and sewer service; and • Required installation of subsurface construction such as water lines, sewer lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction. Requirements for Submittal Credentials: The water management plans and specifications in report form Water Management shall be signed and sealed by the applicant's professional engineer licensed to for Construction practice in the State of Florida. Plans The Water Management plans and specifications shall include, but not be limited to, the following: 159 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 1. A topographic map of the land development related to both NAVD and NGVD with sufficient spot elevations to accurately delineate the site topography, prepared by a professional surveyor. The information may be shown referenced to 1 datum with a note on the cover sheet listing a site- specific equation for determining the grades in the other datum. 2. A drainage map of the entire basins within which the development or subdivision lies. This map may be combined with the above topographic data in a manner acceptable to the County Manager or 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. 3. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. 4. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the SFWMD. This includes routings for the 25 -yr and 100 -yr storm events. S. Pipe sizing calculations for the site. 6. 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. 7. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. 8. 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. 9. For projects that require a construction permit to be issued by the SFWMD, work shall not commence until the applicant has provided the County Manager or designee a copy of the permit or an acceptable "early work" permit. 10. 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. 11. Construction plans for all subdivisions, site development plans, site development plan amendments and site improvement plans shall include a general note stating that all off -site drainage improvements associated with the current phase of development, including perimeter berms, swales, stormwater outfall systems and on -site perimeter swales shall be completed and operational prior to commencement of construction of on -site improvement. • This requirement shall be established at the mandatory pre- construction conference. Failure to comply with completion of the required offsite improvements will result in a stop work order being issued until such time as the project is brought into compliance with this requirement; and 1601 P a g I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A d Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures The Engineer of record prior to final acceptance shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. Requirements for Submittal Credentials: The final subdivision plat shall be signed and sealed by a Tinal Subdivision professional surveyor and mapper registered in the State of Florida. Plat; Sheet size: The final subdivision plat shall be submitted on standard size 24 -inch by 36- inch sheets of mylar or other approved material in conformance with F.S. ch. 177, drawn to scale. The final subdivision plat shall include at a minimum the following requirements: 1. The final plat shall be prepared in accordance with the provisions of F.S. chapter 177, as may be amended. 2. The plat shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. 3. Name of subdivision. The plat shall have a title or name acceptable to the County Manager or 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 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. 4. 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 in a 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. S. 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. 6. 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 1 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. 7. 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 1611 P a I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 1. Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 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: • 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; • The scale, both stated and graphically illustrated, on each graphic sheet; • A north arrow shall be drawn on each sheet that shows the geometric layout and the configuration of the property to be platted. The north direction shall be at the top or left margin of the map where practicable; • The minimum size for any letter or numeral shall be 1/10 inch; • The points of beginning and the commencement shall be boldly shown for any metes and bounds description; • All intersecting street right -of -way lines shall be joined by a curve with a minimum radius of 25 feet; • All adjoining property shall be identified by a subdivision title, plat book and page or if unplatted, the land shall be so designated; • Permanent reference monuments shall be shown in the manner prescribed by F.S. ch. 177, as amended, and shall be installed prior to recording of the final plat; • 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 % inch. On the line directly below, a space for "Sheet of • 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; and • 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. 8. 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 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. 9. Protected /Preserve easements. 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. 10. Street names. The plat shall contain the name of each street shown on the plat in conformance with the design requirements of this section. 11. Utilities. The construction plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing 1621 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures facilities, and the proposed easement and the proposed facilities. • Copies of the construction plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. 12. Outparcels. All interior excepted parcels shall be clearly indicated and labeled "Not a Part of this Plat." 13. Rights -of -way 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 LDC. Exceptions to lot frontage requirements are identified in LDC section 4.03.04. 14. 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. 15. 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. 16. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True North," "Grid North" as established by the National Oceanic Society (NOS), "Assumed North," etc., and must be based on a well- defined line. 17. 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. 18. Private streets and related facilities. All streets and their related facilities designed to serve more than 1 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 Home Owners' Association a condominium or cooperative association or other like or similar entity. Where private streets are permitted, 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 construction plans with required information shall apply equally to private streets. 19. Preserve Setbacks. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. The boundaries of all required easements shall be dimensioned 163 i o k I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A 0 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures on the final subdivision plat. Required protected /preserve areas shall be identified as separate tracts or easements having access to them from a platted right -of -way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected /preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. c*See LDC section 6.01.02 for further information. 20. 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 the LDC. 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. 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 dedication items shall be included in the general note for the plat; 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 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 plat to be recorded, so long as they are provided as fully executed and acknowledged separate instruments along with the plat recording submittal; 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. chapter 177, part I, as amended, and this section, and that permanent control points (P.C.P.$) 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 designee written certification that the installation 164 1 P ,v I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 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; • Surveyor's seal. The surveyor of record shall sign and seal copies of the plat submitted for approval; • Signature block for county attorney. The plat shall contain the approval and signature block for the county attorney; • 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; • Evidence of title. A title certification or opinion of title complying with section 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 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 177.041, F.S., and this paragraph is clearly stated, an effective date is provided, and the statement is properly signed; and • Instrument prepared by. The name, street and mailing address of the natural 165 v; I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 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)." Cc,mpieteness ¢nd The Engineering Services Department will review the final subdivision plat application for Processiog of completeness. After submission of the completed application packet accompanied with Application the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Heari r, - The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. 165 v; I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the construction plans and final subdivision plat application 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 will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. 1. The applicant's professional engineer shall submit a digitally created construction /site plan documents; and 2. 1 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 +O.S feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection .u. )2. 4 F. <*See Chapter 5 G. of the Administrative Code Updated 1661 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction. All Federal, State, and local permits shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting.. Re- submittal of Upon re- submittal of construction plans and final subdivision plat, the engineer shall Construction Plans identify all revisions to the construction plans by lettering or numbering; the surveyor and Final Subdivision shall identify all revisions to the plat by highlighting the current revisions. The applicant Plats shall also provide a written response to the county's comments, responding to each comment individually. Digital Submittal After the construction plans and final subdivision plat has been approved by the County Requirements Manager or designee for compliance, the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction /site plan documents; and 2. 1 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 +O.S feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection .u. )2. 4 F. <*See Chapter 5 G. of the Administrative Code Updated 1661 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures D.2. Final Subdivision Plat — For Townhouse Fee Simple Development Reference LDC subsections and .v C and other provisions of the LDC. Applicability For final subdivision plat incorporating a townhouse development on fee simple lots, the additional application contents identified below shall be provided with the final subdivision plat application. Pre - Application A pre - application meeting is required. Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with Planning & Zoning Department. Pursuant to LDC subsection B,6, site development plans may be submitted for review once the first review comments of the construction plans and final subdivision plat are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. Application Contents A Townhouse Fee Simple Development application must include the following, in addition to the Application Contents and Requirements for construction plans and final subdivision plat. q See Chapter 5 D.1 of the Administrative Code. Submittal Credentials: The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. The final subdivision plat shall be prepared by a professional surveyor and mapper registered in the State of Florida. The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida. Sheet size: The construction plans and final subdivision plat shall be submitted on standard size 24 -inch by 36 -inch sheets, drawn to scale. 1. A coversheet which includes: • Applicant contact information; • The name of the development; • The zoning district; • PUD Ordinance and Development Commitment information; • Legal description of the subject property, both prior to and after subdivision; and • A location map, showing the location of the tract in reference to other areas of the county. The map shall include a north arrow, graphic scale, and date. 2. Landscape plans, signed and sealed, in accordance with LDC section 10.02.14. 3. Traffic Impact Study gSee Chapter 7 of the Administrative Code. 4. For residential projects subject to the provisions of LDC section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. S. The following information in table format: • Total site acreage; • Total square footage of impervious area, including all parking areas, drive 167 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures aisles, internal streets, and the percentage of impervious area of the total site area; • Total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum /maximum (as applicable) floor area required and floor area proposed; • All required and provided setbacks and separations between principal and accessory structures; • Maximum building height allowed by zoning district and height proposed; • Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right -of -way or right -of -way easement; • A parking summary, showing number of spaces required, and number of spaces provided; and • Preserve area required and provided; 6. A Site Plan illustrating the following: • Name and alignment of existing /proposed rights -of -way of all streets bordering the development; • Name and alignment of existing /proposed rights -of -way for all internal streets and alleys; • Location of all existing driveways or access points of the opposite sides of all streets bordering the development; • Location of all traffic calming devices; • Location and configuration of all development ingress and egress points; • Location and arrangements of all proposed principal and accessory structures; • Directional movement of internal vehicular traffic and its separation from pedestrian traffic; • Location of emergency access lanes, fire hydrants and fire lanes; • Location of all handicapped parking spaces; • Location of trash enclosures or compactors, if applicable; • Location and proposed heights of proposed walls or fences; • Location of sidewalks and pathways, designed in accordance with LDC section 6.06.02; • Location of residential off - street parking in accordance with LDC subsection 4.05.04 D.1; • Location of all required preserves with area in square feet; and • Any additional relevant information as may be required by the County Manager or designee. Cornpleteot -!ss omd The Planning & Zoning Department will review the final subdivision plat application for 168 1 P r I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures Processing completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsections 10.02.04 b and D,1,02 041 C. and other provisions of the LDC. Once submitted for review, the townhouse construction plans and final subdivision plat application 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 review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the final subdivision plat. Pre - Construction A pre- construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction. All Federal, State, and local permits shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for Requirements compliance the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction /site plan documents; and 2. 1 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 an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions — Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development 1691 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A ... Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures within any phase of a project requiring such permits. Recording Process The Townhouse Construction Plans and Final Subdivision Plats shall be recorded pursuant to LDC subsection ' X0,02 01, F g5ee Chapter 5 G. of the Administrative Code. Updated 1701 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures E. Construction Plans (CNSTR) E.1. Construction Plans - Standard Reference LDC subsection 21.I 2,.04 E. Applicability This procedure applies to construction improvements which do not require platting or recordation of land. Pre - application A pre - application meeting is required. Initiation The applicant files an "Application for Construction Plans (CNSTR)" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Legal description; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block; • Project name; and • General location. 4. Cover letter, briefly describing the project. S. Streetlight plans. 6. Landscape plans. 7. Professional engineer's report. 8. Construction Plans. 9. Professional engineer's opinion of the probable construction costs or contract bid price. 10. Electronic copies of all documents. Requirements for pSee Chapter 5 D.1 -Construction Plans and Final Subdivision Plat section of the Construction Plans Administrative Code for the construction plans and water management plan requirements. Submittal Credentials: The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida. The streetlight plans shall be signed and sealed by a irrigation designer or landscape architect registered 1711 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures in the State of Florida Sheet size: The construction plans shall be submitted on standard size 24 -inch by 36 -inch sheets, drawn to scale. Completeness and The Engineering Services Department will review the application for completeness. Processing After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsection ? 10, U2 0 'T and shall approve or deny the application. Once submitted for review, the construction plans application 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 review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre- Construction A pre- construction meeting shall be scheduled with the Engineering Services Meeting Department prior to the commencement of construction. All Federal, State, and local permits shall be submitted prior to construction and before the pre - construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre- construction meeting. Digital Submittal After the final subdivision plat has been approved by the County Manager or Requirements designee for compliance the applicant shall submit the following: following approval by the County 1. The applicant's professional Engineer shall submit a digitally created Manager or construction /site plan documents; and designee 2. 1 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 an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right - of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be 172 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A'k-11",71, Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. U "; 1731 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A v,�� Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures E.2. Insubstantial Change to Construction Plans (ICP) Reference LDC subsections and ) �,2_0S A.51 Applicability Approved construction plans may request minor or insubstantial changes due to site inspections and /or unexpected conditions that warrant changes to the plans. All changes must be noted on the record drawings. No changes to the final subdivision plat are permitted. Pre - application A pre - application meeting is required unless waived by the County Manager or designee. Initiation The applicant files an "Application for Insubstantial Change to Construction Plans" with the Planning & Zoning Department. Application Submittal Credentials: Construction plans for all of the improvements required shall Contents be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24 -inch by 36 -inch sheets, drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Project information, including: • Assigned Planner; • Project name; • Original SDP /SIP number; and • Section, township and range. 4. Determination (i.e. email correspondence) from the County Manager or designee that confirms the following: • The proposed revisions to a PPL, CNSTR, SDP or SIP is consistent with the insubstantial change criteria; and 5. Cover letter describing in detail the requested changes and identification of the sheet number and the plans affected by the requested change. The cover sheet shall be signed and sealed and include the following information: • Project Title; • Reference the project is an Insubstantial Change for PPL, CNSTR, SDP or SIP; • Zoning Designation; • Vicinity map clearly identifying the location of the development; and 174 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures • Property information, including: • Legal description; and • Property identification number. Completeness and The Engineering Services Department will review the application for completeness. Processing After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the application and identify whether additional materials are needed and review the application for compliance with LDC sections i 0,0;21 .04 and 10.02.05 and any other applicable LDC sections. Once submitted for review, the insubstantial change application 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 review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre- Construction A pre- construction meeting shall have occurred with the Engineering Services Meeting Department prior to the initial commencement of construction. Updated 1751 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A N Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures F. Minor Final Subdivision Plat (FP) Reference LDC subsection 1x,102.04 aD. Applicability This procedure applies to a minor final subdivision plat. A minor final subdivision plat generally does not require improvements, a construction maintenance agreement, a security performance bond, or phasing. Pre- application A pre - application meeting is required unless waived by the County Manager or designee. Initiation The applicant files a "Minor Subdivision Plat Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. PUD Ordinance and Development Commitment Information. 4. Property information, including: • Legal description; • Property identification number; • Project name; • Section, township and range; • Subdivision, unit, lot and block; and • Total acreage. S. Current zoning designation of subject property. 6. Cover letter briefly explaining the project. 7. PUD Monitoring Schedule, if applicable. 8. Owner /agent affidavit as to the correctness of the application. 9. Signed and sealed Plat, less than 6 months old. 10. Signed and sealed boundary survey, less than 6 months old. 11. Evidence of Authority. 12. Zoning Data Sheet. 13. Certificate of Adequate Public Facilities application, if applicable. 14. School Impact Analysis application, if applicable. Final Subdivision g5ee Chapter 5 D.1 - "Requirements for Final Subdivision Plat" within the Plat Requirements Construction Plans and Final Subdivision Plat section of the Administrative Code. Submittal Credentials: Minor final plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. Sheet size: The final subdivision plat shall be submitted on standard size 24 -inch by 176 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures 36 -inch sheets, drawn to scale. carnP14}teni,•ss an i The Engineering Services Department will review the application for completeness. Pros ,sling of After submission of the completed application packet accompanied with the Applic -adon required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. No notice is required. Public. i_3 z, a- ,ri,:, The BCC shall hold 1 public hearing. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with and shall approve, approve with conditions, or deny the minor final subdivision plat. Once submitted for review, the minor final subdivision plat application 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 review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the minor final subdivision plat. :'�qv .�i Submittal After the minor final subdivision plat has been approved by the County Manager or qu rt:�ments designee for compliance the applicant shall submit the following: 1. The applicant's professional Engineer shall submit a digitally created construction /site plan documents; and 2. 1 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 an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right - of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to 1771Pa,uc I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A M Collier County Land Development Code I Administrative Procedures Manual Chapter / Subdivision Procedures commencing development within any phase of a project requiring such permits. Recording Process The minor final subdivision plat shall be recorded pursuant to LDC section 1, 12,0 g5ee Chapter 5 G. of the Administrative Code Updated 178 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A Chapter 5 / Subdivision Procedures G. Plat Recording Reference LDC subsection 10,01 :4 F. Applicability This procedure is to ensure proper legal description, identification, documentation, and recording of real estate boundaries. No building permit for habitable structures shall be issued prior to approval by the BCC and recordation of the final subdivision plat, except as identified in LDC sections 5.05.04 and I(,W2. 4 P,6. Pre - Application A pre - application meeting will have occurred at the time of submittal of the construction plans and final subdivision plat or minor final subdivision plat. Initiation The applicant files an "Application for Plat Recording (PR)" with the Engineering Services Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Original PPL number. 3. Construction and Maintenance Agreement. 4. Original sepia mylar of the final subdivision plat. • Surveyor's certification that the mylar contains no revisions from the most recent submittal of the final subdivision plat to the Engineering Services Department. 5. Pursuant to LDC subsection 'I i102.04 F.3, an original title opinion from an attorney licensed to practice in the State of Florida, which contains the following: • A legal description of at least the lands being platted; • A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided; • 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 said instrument(s) of conveyance; and • Identification of liens, encumbrances, easements, or matters shown or that should be shown as exclusions to coverage on a title insurance policy. As may be applicable, the title information shall include in a neatly bound fashion, and make citation to the recording information of, all referenced liens, encumbrances, easements, or exclusions. The title information shall have attached thereto a copy of any such instruments. 1791 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures 6. Joiner and consent of mortgagee, if applicable. 7. 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 designee for processing and recording by the clerk of court prior to, or simultaneously with, the recording of the final subdivision plat. 8. Homeowner Association Documents, if applicable. 9. Affidavit by surveyor. Supporting "gap" 1. Pursuant to LDC subsection 10.02.04 F.3, within 60 days of recordation of the title information final subdivision plat the applicant shall submit to the County Manager or designee final supporting "gap" title information. 2. The final supporting title information must meet all of the requirements in the above (Plat Recording — Application Contents). 3. 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 above (Plat Recording — Application Contents) and the date and time of recording of the final plat. 4. The 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 a copy of any required instruments not previously provided in connection with submittals for the final plat's recording. Completeness and The Engineering Services Department will review the application for Processing completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing The BCC shall hold 1 public hearing. Decision Maker The BCC. Review Process The Engineering Services Department will review the application and identify whether additional materials are needed pursuant to LDC subsection 0.v2, 4 F. The Engineering Services Department will submit the final subdivision plat materials to the Collier County Clerk of Courts for recording. Digital Submittal After the final subdivision plat has been approved by the County Manager or Requirements designee for compliance the applicant shall submit the following: 1. The applicant's professional Engineer shall submit a digitally created 180 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures construction /site plan documents; and 2. 1 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 an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. 9A 181 1 P e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures H. Vacation of Subdivision Plats Reference #>See F.S. § 177.101, as amended and LDCsubsection u, 02,04 G-, Updated 182 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Chapter 6. Waivers, Exemptions, and Reductions The following applications and approvals listed in this Chapter provide waivers, exemptions, and reductions from the standards identified in the LDC. Some petitions require a public hearing for approval. 183 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A �+ Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions A. Administrative Fence /Wall Waiver (AFW) Reference LDC subsection 5.03.02 F. Applicability This procedure applies to a request to administratively approve an alternative to the fence or wall design requirements, where there is a non - residential development on the adjoining parcel or abutting right -of -way. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Administrative Fence Waiver" application with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including; • Section, township and range; • Subdivision, unit, lot and block; and • Address of subject site. 3. A narrative description of the site and a detailed explanation of the alternative proposal to meet the intent of the LDC. 4. Illustrations, landscape plans, photos, and other illustrative materials that support the applicant's proposal. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the Administrative Fence /Wall Waiver. Updated 184 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions B. Administrative Parking Reduction (APR) Reference LDC subsection 4.05.04.F.2 Applicability This procedure applies to the process where the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the LDC 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 the LDC should not be applied. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Administrative Parking Reduction" application with the Planning & Zoning Department. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Section, township and range; • Subdivision, lot and block; and • Address of subject site. S. Type of business. 6. Hours of operation. 3. Signed and sealed survey. 4. Addressing checklist. S. To determine the minimum parking requirements for a use which is not specifically identified in the LDC 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 the LDC should not be applied, then the applicant may be required to submit the following: • Parking generation studies; • Evidence of parking ratios applied by other counties and municipalities for the specific use; • Reserved parking pursuant to LDC section 4.04.05; and • Other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. 185 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Notice No notice is required. Public Hearing No public hearing is required. Decisir,ak maker The County Manager or designee. Revie Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 4.05.04 F.2. 186 1 P _ I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx I. 9A k, -4 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 Waivers, Exemptions, and Reductions C. Administrative Parking Exemption Reference LDC subsections 4.05.02 K.1 -2. Applicability This procedure applies to a request for relief from various requirements of the minimum parking requirements established by the LDC, including: 1. Allowing off -site parking on non - contiguous lots under the same ownership, and /or 2. Allowing off -site parking on contiguous lots under different ownership (shared parking). Pre - Application A pre - application meeting is not required, but may be requested to determine if the exemption request may be fulfilled administratively. Initiation The applicant files an "Application For Public Hearing For Parking Exemption" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; and • Principal site property information and off -site parking area information, with the following included: • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; • Address of subject site and general location; and • Size of property in feet and acres. 3. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 4. Disclosure of ownership. 5. Project information, including: • Zoning classification of proposed off -site parking lot; • Zoning and type of land use of the property that the Parking Exemption is proposed to serve; • Total number of parking spaces required for the project; • Number of parking spaces proposed to be located off -site; • Whether the proposed parking lot is separated from the permitted use by a collector or arterial roadway, and the roadway name; and • Whether the permitted use is proposed to share required parking with another permitted use. 6. A narrative statement describing the request with specific reference to the 187 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx f 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions criteria noted in LDC subsection 4.05.02 K.1. -2., and any backup materials or documentation. 7. Pre - application meeting notes, if applicable. 8. Addressing checklist. 9. If required, a Boundary Survey (completed within the last six months, maximum 1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: • The location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public; and • An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. 10. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must measure 24 in. x 36 in. along with a reduced 8% in. x 11 in. copy. The site plan shall show the following information: • All existing and proposed structures and their dimensions; • Provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site); • All existing and /or proposed parking and loading areas (including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • Required yards, open space and preserve areas; and • Proposed and /or existing landscaping and buffering as may be required by the County. 11. Owner /agent affidavit as to the correctness of the application. 12. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly 13. Map of Property Location. 14. 10 -Year Lease Agreement, if required by the approval criteria. 15. Electronic copies of all documents. Curnpleteness and The Planning & Zoning Department will review the application for completeness. Pro essin. of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Niatice No notice is required. 1881 Put' I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Public I-leai inn No public hearing is required. recision male¢ r The County Manager or designee. .v, °v'i w 37r cess The Planning & Zoning Department will review the application and approve, approve with conditions, or deny the applications utilizing the criteria identified in LDC subsection 4.05.02 K.1 or K.2. 1891 Pago I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx a0 1 ARE Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions D. Administrative Variance (AVA) Reference LDC section 9.04.04 Applicability This procedure applies to a request for an administrative approval for minor after - the -fact yard encroachments for principal and accessory structures, pursuant to the specific classifications outlined in LDC section 9.04.04. Pre - Application A pre - application meeting is not required. Initiation The applicant files an "Administrative Variance For Minor After-The-Fact Yard Encroachments Submittal Instructions And Application Form" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. Property information, including: • Legal description; • Section, township and range; • Subdivision, unit, lot and block; and • Address of subject site and general location. 4. Details of variance request, including the following information: • Statement of what is requested and where on the site; • Location and extent of encroachment, measured in tenths of feet; • When the encroachment was discovered; • How the encroachment was discovered; and • Building permit numbers of encroaching structures. S. A signed and sealed copy of the survey identifying the encroachment. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning & Zoning Department will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application based on the criteria in LDC section 9.04.04. 1901 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A " Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 1911 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx l9A Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions E. Alcohol Distance Waiver Reference LDC subsection 5.015.01 A.6, LDC section S.1'..v01, and LDC Public Notice subsection n n.a Applicability This provides for waiver of part or all of the minimum separation distance required between establishments whose primary function is the sale of alcoholic beverages for on -site consumption. Pre - Application A pre - application meeting is required. Initiation The applicant files a "Petition for Waiver from Separation Requirements for Establishments Selling Alcoholic Beverages for On- Premise Consumption" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; and • Address of subject site. 3. Zoning information, including: • Current zoning of subject property; and • Adjacent zoning and land use. 4. A statement describing the extent of the waiver requested, in linear feet, from the required 500 foot separation. S. A description of all proposed uses for the subject site /structure, including the following: • Total square footage of subject structure. • Square footage dedicated to each proposed use. • Proposed hours of operation. • Indication of entertainment and type. • A description addressing each of the criteria identified in LDC subsection 5,05.01 A.6,a.- ci. 6. A signed and sealed survey or boundary sketch to scale, including reduced 8% in. x 11 in. copies. 7. Addressing checklist. 8. Owner /agent affidavit as to the correctness of the application. Completeness and The Planning & Zoning Department will review the application for completeness. 192 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 1o.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 J Waivers, Exemptions, and Reductions Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements areas follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • Description of the proposed land uses. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. <* See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner may grant a waiver of part or the entire minimum distance requirement. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare Staff Report, utilizing the criteria established in LDC section 3.65.01 A.6, to present to the Office of the Hearing Examiner for a decision. Updated 1931 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions F. Alternative Architectural Design Reference LDC subsection 5. 05.08 Applicability This section establishes a process to request deviations from the architectural and site design standards in LDC section 5.05.08. Any modification to an approved design requires re- review and approval by the County Manager or designee. The buildings and uses which qualify for an administrative deviation are identified in LDC subsection 5.05.08 FA Pre - Application A pre - application meeting may be required as a component of the submittal of the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, or Building Permit application, as applicable. Initiation The applicant files an "Alternative Architectural Design" application with the Planning & Zoning Department in conjunction with the associated site plan. Application In addition to the submittal requirements for Architectural Plans <*See Chopter4 A. of the Contents Administrative Code, the application must include the following: 1. Applicant contact information. 2. The project name, zoning, building type, square footage and number of stories of the buildings to which the Alternative Architectural Design requirements would apply. 3. The plans shall be clearly labeled as "Alternative Architectural Standards Design." 4. The plans must identify the section numbers from the LDC section 5.05.G8 from which the deviation is being requested. 5. A narrative statement that specifically identifies all standards of LDC section 5.05.08 from which the deviations are requested, and the justification for the request. This statement must also include a description of how the alternative plan accomplishes the purpose and intent of LDC section 5,05..;8, without specifically complying with those standards identified. Notice No notice is required. Public Hearing No public hearing is required. Decision maker 1. The County Manger or designee may administratively may approve, approve with conditions, or deny the request for the Alternative Architectural Design plan(s) and corresponding site plan, in whole or in part, for a plan meeting the standards of LDC section 2. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re- review and approval by the County Manager or designee. 3. The County Manager or designee may seek the assistance of the Architectural Arbitration Board in rendering a decision. Review Process The County Manager or designee shall review the Alternative Architectural Design plan(s) and corresponding site plan in accordance with the review criteria identified in LDC subsection 5,,135—C8 Appeals Pursuant to LDC subsection .5.05.00 t, the applicant may appeal the administrative decision to the Architectural Arbitration Board by making a written request to the Planning & Zoning 1941 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Department. f 9A " 195 d g e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 19 A Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions G. Automobile Service Station Waiver Reference LDC subsection 5.05.05 5, LDC section 8.10.00, and LDC Public Notice subsection IMSA06 U, Applicability This establishes a process to waive part or all of the minimum separation requirements for automobile service station sites from other automobile service station sites. Pre - Application A pre - application meeting is required. Initiation The applicant files a "Petition for Waiver from Separation Requirements for Automobile Service Stations" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; and • Address of subject site. 3. Zoning information, including: • Current zoning of subject property; and • Adjacent zoning and land use. 4. The extent of the waiver being requested (in linear feet) from the required separation. S. A narrative that describes why the waiver complies with the waiver criteria, pursuant to LDC section 5.05.05 B.1, and that addresses the factors to be considered by the Hearing Examiner. 6. A site plan (measuring no larger than 24 in. x 36 in.) along with a conceptual site plan measuring 8% in. x 11 in., that indicates the following: • The dimensions of the subject property; • All vehicular points of ingress and egress and their relationship to the parking area and site circulation; • Demonstration of compliance with all requirements of the LDC including the location of the structures on site, landscaping, off - street parking, site circulation, architectural design guidelines, and signage; • The location of all proposed buffer areas and their dimensions; and • The layout of road(s) on which the proposed station fronts or to which access is provided, including the type of road(s), 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. 196 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 19A a Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 7. A written market study analysis which justifies a need for the additional Automobile Service Station in the desired location. 8. Environmental Data Requirements. gSee LDC subsection 3.08.00 A, 9. An Aerial photographs (taken within the previous 12 months at a minimum scale of 1 in. = 200 ft.), showing FLUFCS Codes, legend, and project boundary. 10. Addressing checklist. 11. Pre - application meeting notes. 12. Warranty Deed. 13. Letter of no objection from the United States Postal Service. 14. Owner /agent affidavit as to the correctness of the application. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • Description of the proposed land uses. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. CGSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare Staff Report, utilizing the criteria established in LDC section 5.05.05, to present to the Office of the Hearing Examiner for a decision. Updated 1971 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 15. Electronic copy of all documents. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., ASW- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. w See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • Description of the proposed land uses. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. CGSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare Staff Report, utilizing the criteria established in LDC section 5.05.05, to present to the Office of the Hearing Examiner for a decision. Updated 1971 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx l9A " Collier County Land Development Code I Administrative Procedures Manual Chapter 6 Waivers, Exemptions, and Reductions H. Nonconforming Use Change (NUC) Reference LDC subsection 9.03.02 D, LDC section x._1`'.00 and LDC Public Notice subsection 10.03.06 U. Applicability This process applies to a request to change a nonconforming use to another nonconforming use of the same character or a more restricted nonconforming use. New structures or additions to existing structures shall only be allowed for permitted or accessory uses on the site. Pre - Application A pre - application meeting is required. Initiation The applicant files a "Non- Conforming Use Change (NUC) Petition" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Property identification number; • Address of subject property; • Section, township and range; • Subdivision name, unit, block and lot number; and • Size of subject property, in acres. 3. Zoning information, including: • Current zoning and land use of subject property; and • Adjacent zoning and land uses. 4. Total number of parking spaces that exist on the site. S. Proof of ownership or interest in the property, such as a deed or contract to purchase. 6. If the request proposes a number of possible nonconforming uses, list all of the proposed nonconforming uses and identify the following for each use: • Total number of parking required for the proposed nonconforming use; • Hours of operation for proposed nonconforming use; and • Total square footage for the proposed nonconforming use building(s) and structure(s). 7. If the request proposes a number of possible permitted and /or accessory uses, list all of the proposed uses and identify the following for each use: • Total square footage of the new or existing structures for the permitted and /or accessory uses; 198 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx qp Of Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • Total number of parking required for the permitted and /or accessory uses; and • Hours of operation for proposed for the permitted and /or accessory uses. 8. A narrative statement identifying how the nonconforming use change complies with the standards in LDC subsection 9.03.02 D., including: • How the proposed nonconforming use is equally or more appropriate to the zoning district than the existing nonconforming use; • The relation of the structure to surrounding properties, showing that adverse effect(s) on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued; and • Any additional information supporting the proposed nonconforming use change. 9. A copy of the pre - application meeting notes; 10. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1 in. = 200 ft., showing FLUCCS codes, legend and project boundaries. 11. A site plan drawn to scale depicting: • North arrow, date, and scale of drawing; • Property boundaries and dimensions; • Current and proposed uses for each structure; • If permitted or accessory uses are proposed for the site, all setbacks and building heights shall be identified for any existing structures, proposed new structures, or proposed additions; • Parking areas and driveways; and • Location Map that includes the project location and major roadways in project vicinity. 12. Notarized owner /agent affidavit as to the correctness of the application. Completeness and The Planning & Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the ;application required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice, Notification requirements are as follows. G See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and 1991 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 AMA. Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • Clear explanation of the nonconforming use change. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. p5ee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare Staff Report, utilizing the criteria established in LDC section 9.03.02 D, to present to the Office of the Hearing Examiner for a decision. i -:,P, w:a ,e,, 200 1 P a g r I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx yAi .Ik Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions I. Site Plan with Deviations for Redevelopment Projects ( -DR) Reference LDC section 10.02.03 F and LDC Public Notice subsection 10.03.06 R. Applicability A site plan with deviations for redevelopment shall provide a means for a redevelopment project to seek dimensional deviations, excluding height, architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "Redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. Initiation The applicant files a "Site Plan with Deviations for Redevelopment Application" with the Planning & Zoning Department. Pre - Application A pre - application meeting is required. Application A site plan with deviations application must include the following, in addition to the Contents Application Contents and Requirements for a site development plan, site development plan amendment or a site improvement plan. q See Chapter 41.2 —1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02,03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5,05,08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10,02 .03 F8. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified. Completeness The Planning & Zoning Department will review the application for completeness. After and Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the 2011 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A ltgko Collier County Land Development Code I Administrative Procedures Manual Chapter 6 Waivers, Exemptions, and Reductions tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. 2. Newspaper Advertisement: At least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The legal advertisement shall include: • Date, time, and location of the hearing; • Application number and project name; • 2 in. x 3 in. map of project location; • Requested deviations and proposed project enhancements; and • Description of location. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning & Zoning Department will review the application and identify whether additional materials are needed. Staff will prepare Staff Report, utilizing the criteria established in LDC section i0.02.03 F, to present to the Office of the Hearing Examiner for a decision. 202 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions J. Post Take Plan Reference LDC subsection 9.03.07 D, LDC section <", UJ.0,0, and LDC Public Notice subsection 10,03.0 S. Applicability An applicant may request a Post Take Plan in order to mitigate and /or eliminate the impacts, such as loss of parking, nonconforming setbacks and buffers which exceed the allowance under LDC sections .�) .O�1 .0 i and 7 -D.2, resulting from the public acquisition of a personal property for public purposes. The Post Take Plan is not a SDP. However, changes requested by the applicant that do not result from the public acquisition will require an SDPA or SIP. For example, a building expansion unrelated to public acquisition would result in a SDPA or SIP. Initiation The applicant files a "Post Take Site Plan Application" with the Planning & Zoning Department. Pre - Application A pre - application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. The project name. S. Pre - application meeting notes. 6. Property information, including: • Legal description; • Property identification number; • Project name; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; and • Address of subject site and general location. 7. Zoning Information, including: • Current zoning and land use of subject property. 8. The name of the existing circuit court case and number, if applicable. 9. Scaled drawing 24 in. x 36 in. in size, with one 8 % in. x 11 in. drawing depicting the following: • The name, address and phone number of the consulting firm(s) preparing the plans; • The total site acreage for both pre- and post- acquisition condition; • Legal description; 2031 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Manual Collier County Land Development Code I Administrative Procedures a ua / 9 A Chapter 6 / Waivers, Exemptions, and Reductions • Zoning designation; • All existing improvements, clearly depicting those affected by the acquisition; • All proposed mitigating improvements and remedies; • The exact nature and dimension of any requested deviations; • The pre- and post- acquisition configuration of the lot or lots; and • The dimensions from the pre- and post- acquisition property line to all affected improvements. 10. A narrative description of the pre- and post- acquisition site conditions, noting impacts and all nonconformities created or exacerbated as a result of the acquisition, and any proposed mitigation and remedies. 11. A signed and sealed boundary or special purpose survey to ascertain or verify existing conditions. Pursuant to LDC subsection 9.03.07 D.1, the boundary or special purpose survey shall be prepared by a surveyor licensed to practice in the State of Florida. 12. The most recent available aerial of the site. 13. Owner /agent affidavit as to the correctness of the application. 14. Once the first set of review comments are posted, the following mailed notice documents shall be submitted to the assigned planner: • A list of the names and addresses of property owners to receive the mailed notice; and • Draft of the mailed notice letter. Compieteness ar.d The Planning & Zoning Department will review the application for completeness. After :processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice 1. Mailed Notice: Written notice shall be sent to property owners in the notification area within 60 days of the date of the submittal of the application. The mailed notice shall include the following information: • List of requested deviations; • A brief narrative with justification for the deviations; and • A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 % in. x 11 in. format. Additional notice- if If a written objection is received from an abutting property owner within 30 days from the Written Objection is date in which the first mailed notice was sent, then the Post Take plan shall go before the Received Hearing Examiner. The notice requirements for the public hearing are as follows: q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification 204 1 P r 1: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 6 Waivers, Exemptions, and Reductions area at least 15 days before the advertised Hearing Examiner hearing. • List of requested deviations; • A brief narrative with justification for the deviations; and • A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 % in x 11 in. format. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER TO PERMIT: (Request - Sufficiently clear to describe the {project) LOCATION: __ DATE: TIME CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing If a written objection has been received from an abutting property owner, then the Hearing Examiner shall hold at least 1 advertised public hearing. Decision Maker The County Manager or designee or the Hearing Examiner. Review Process 1. If a written objection has not been received from a notified property owner within 30 days from the date of the public notice, then the Planning & Zoning Department may approve the Post Take Plan. 2. If a written objection has been received from a notified property owner, then the Planning & Zoning Department will prepare a Staff Report to present to the Office of the Hearing Examiner for a decision. Updated 205 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions K. Vested Rights Determination Reference q See LDC section .02.000 Updated 2061 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A 'l. Chapter 7. Supplementary Submittal Requirements for Land Use Applications The following are supplemental submittal requirements which may be requested for the submission of a land use application. 207 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 1o.docx 9 A "0 Collier County Land Development Code I Administrative Procedures Manual Chapter 7 ISupplementary Submittal Requirements for Land Use Applications A. Environmental Data Requirements for PUD Zoning and Conditional Uses Reference LDC section 3.08.00. Code of Laws Chapter 2, Article VIII, Division 23 (Environmental Advisory Council) Conservation and Coastal Management Element (CCME) GMP Policy 6.1.8. Applicability The Environmental Impact Statement (EIS) shall consist of the Environmental Data Requirements identified in LDC section 3.08.00 and shall be submitted for PUD Zoning and Conditional Use petitions. Pursuant to LDC subsection 3.OZS.uel, the environmental data shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Application Applicants shall collate and package applicable Environmental Data into a single EIS Contents packet, prior to the public hearings and after all applicable staff reviews are complete. Copies of the Environmental Impact Statement shall be provided to the County Manager or designee prior to public hearings. Completeness and The completeness and processing review of the environmental data shall be Processing conducted at the time of the land use petition review. Notice N/A Public Hearing N/A Decision maker N/A Review Process The EIS shall consist of previously reviewed environmental data materials. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. Updated 208 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 7 ISupplementarySubmittal Requirements for Land Use Applications B. Traffic Impact Study (TIS) Reference LDC section 6.02.03 and Collier County Resolution 2006 -299 <*For the TIS Guidelines and Procedures, refer to: http://www.colliergov.net/index.aspx?page=566 Applicability A Traffic Impact Study (TIS) is required for any rezoning, conditional use, or where it is listed in the Application Contents for a specific process in the Administrative Code or LDC. The Planning & Zoning Department may waive the TIS requirement at the pre - application meeting if it determines that the proposed development's traffic impacts are not significant. Application <*See the TIS Guidelines, referenced above. Contents Completeness and The completeness and processing review of the TIS shall be conducted at the time Processing of the land use petition review. Notice N/A Public Hearing N/A Decision maker The County Manager or designee. Review Process The Transportation Planning Section shall review the TIS as part of the land use petition application based on the criteria in the TIS Guidelines and Resolution 2006- 299. Updated 2091 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A 'm", Collier County Land Development Code I Administrative Procedures Manual Chapter 7 /Supplementary Submittal Requirements for Land Use Applications C. PUD Annual Monitoring Report Reference LDC subsection 10.02.13 F. Applicability This procedure applies to PUDs to ensure that the approved project densities, intensities, and commitments are consistent with the development's approved Ordinance and Traffic Impact Study. Pre - Application A pre - application meeting is not required. Initiation If the PUD is active, the applicant files a PUD Monitoring report with the Engineering Department on an annual basis, on or before each anniversary date of the PUD approval by the BCC. q See LDC subsection %2.13 t . i. a for PUD tracts or parcels that are built out. q See LDC subsection !0.02. , .7 for Traffic Count Monitoring requirements. Application The monitoring report must include the following: Contents 1. Applicant contact information. 2. Number of units, by residential type; square footage commercial and other permitted uses which are approved and complete and any on -site or off -site commitments completed and approved as of the due date of the monitoring report. 3. Current PUD master plan showing infrastructure, projects /developments, plats, parcels, and other pertinent information, including on -site or off -site commitments. 4. Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). 5. Status of commitments in PUD document, including projected completion dates if then established. 6. Other information as may be required by County Manager or designee. 7. Owner /agent affidavit as to the correctness of the application. Completeness and The Engineering Department tracks the Monitoring Reports submitted in Processing of Commitment Tracking System, found here: Application http: / /bccvwebOl /ctsv /projectoverview.aspx. Updated 210 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A ~'k Collier County Land Development Code I Administrative Procedures Manual Chapter 7 ISupplementory Submittal Requirements for Land Use Applications D. Soil Erosion and Sediment Control Plan Reference LDC section 6.01,0. Applicability A Soil Erosion and Sediment Control Plan is required, for new and existing development and construction, such as Site Development Plans and Final Subdivision Plats. Plan Contents Each plan shall be prepared in accordance with the following standards: 1. The State of Florida Erosion and Sediment Control Designer and Reviewer Manual, June 2007. 2. Turbidity values surrounding discharge from projects shall not violate water quality criteria contained in 62- 302.530(69) Florida Administrative Code. Completeness and The Soil Erosion and Sediment Control Plan shall be submitted in conjunction Processing with all applicable land use applications. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department shall review the Soil Erosion and Sediment Control Plan concurrent with all applicable land use applications. Updated 2111 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A 2121 PHI- e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 A R° Chapter B. Public Notice A. Generally Many land use decisions in the County require public notice to the general community and /or the surrounding neighborhoods regarding an applicant's development plans. Each Administrative Code section describes the types of notice required, if any, for a petition or a permit. This section identifies the different types of public notice procedures and specific information necessary to fulfill the notice requirement. The following are the types of public notice that may be required: • Neighborhood Information Meeting (NIM) • Mailed Written Notice • Newspaper Advertisement • Posting of a Sign 213 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9 " Collier County Land Development Code I Administrative Procedures Manual Chapter 8 1 Public Notice — Generally, Contents, Categories of Notice, and Notice Recipients B. Neighborhood Information Meeting Applicability 1. A Neighborhood Informational Meeting ( "NIM ") shall be conducted when: • The initial staff review and comment on the application has been completed; and • At least 15 days before the first public hearing is held, whether it is the Planning Commission, Hearing Examiner, the BCC, or the BZA. 2. In addition to the above, the following shall also apply for small -scale amendments and other site - specific comprehensive plan amendments: • The NIM is required before the Planning Commission transmittal hearing. • A second NIM is required if the County Manager or designee determines that a substantial change has occurred to a proposed site - specific comprehensive plan amendment following the BCC's transmittal hearing. The applicant must hold the second NIM before the Planning Commission adoption hearing. 3. If the applicant's petition activity extends beyond 1 year from the date of the first NIM, a second NIM will be required and shall be noticed in accordance with this chapter. Notice The NIM shall be noticed as follows: Requirements 1. Mailed Notice: Written notice shall be sent to property owners in notification area at least 15 days before the NIM meeting. • The applicant shall also provide written notice of the NIM to property owners, condominium, and civic associations whose members may be affected by the proposed land use change and who have formally requested the county to be notified. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before the NIM meeting in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the NIM meeting; • Petition name, number and applicant contact info; • Purpose of the NIM meeting; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Location The applicant must arrange the location of the meeting. The location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate expected attendance. Conduct of The Collier County staff planner assigned to attend the pre - application meeting, or Meeting designee, must also attend the NIM and will serve as the facilitator of the meeting. However, the applicant is expected to make a presentation of how they intend to develop the subject property. The applicant is required to audio or video tape the proceedings of 2141Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx L 9A I Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice — Generally, Contents, Categories of Notice, and Notice Recipients the meeting and to provide a copy to the Planning & Zoning Department. The applicant must provide the following at the NIM meeting for review and comment: • The proposed uses and density of the project; • The proposed Master Plan; and • The current LDC zoning district uses and development regulations. Follow up 1. After a NIM is completed, the applicant will submit a written summary of the NIM and any commitments that have been made to the assigned planner. These commitments will: • Become part of the record of the proceedings; • Be included in the staff report for any subsequent review and approval bodies; and • Be considered for inclusion in the conditions of approval of any applicable development order. ilPd'i4;c- d 2151 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx �9A Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice — Generally, Contents, Categories of Notice, and Notice Recipients C. Mailed Notice Applicability For applicable land use petitions, a mailed notice shall be as follows. Notice Mailed written notices shall be sent by regular mail to property owners in the notification Requirements area listed below. Names and addresses of property owners shall be those listed on the latest ad valorem tax rolls of the County. The County must send mailed notice at least 15 days before the hearing for all applications, except as identified in the Administrative Code. The applicant must provide a copy of the list of all parties noticed by the required notification deadline to the Planning & Zoning Department staff. The written notice must include: • Date, time, and location of the NIM meeting or public hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. For a conditional use, rezoning, PUD, PUD extension, or variance, the notice must also include: • A clear description of the proposed land uses; • A clear description of the 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; • A clear description of the institutional or recreational uses when part of the development strategy; and • The substance of the proposed ordinance or resolution (rezoning only). For a site plan with deviations for redevelopment projects, the notice must also include: • The type of deviation sought. The clerk to the BCC will make a copy of all notices available for public inspection during the regular business hours. Recipients of Property owners in notification area are described below and shall be based on the latest Mailed Written tax rolls of Collier County and any other persons or entities who have formally requested Notice notification from the County: 4 Urban The notification area includes: designated area 1. All property owners within 500 feet of the property lines of the of the future land subject property. use element of 2. if any of the land in the area listed in paragraph 1 is owned by the growth the same person or entity who owns the subject property, the management 500 foot distance is measured from the boundaries of the entire plan ownership or PUD. 3. The maximum notification area is %: mile (2,640 feet) from the 2161 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx am Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice - Generally, Contents, Categories of Notice, and Notice Recipients subject property. 4 Aii other areas The notification area includes: 1. All property owners within 1,000 feet of the property lines of the subject property. 2. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property, the 1,000 foot distance is measured from the boundaries of the entire ownership or PUD. 3. The maximum notification area is % mile (2,640 feet) from the subject property. Notification shall also be sent to property owners and condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations shall be provided and maintained by the County, but the applicant must bear the responsibility of insuring all parties are notified. Upat ted 2171 Pa e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice — Generally, Contents, Categories of Notice, and Notice Recipients D. Newspaper Advertisement Applicability For applicable land use petitions, the legal newspaper advertisement shall be as follows. A copy of the newspaper advertisement 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 include where the 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. Placement and The legal newspaper advertisement shall be published at least 15 days before each Content advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Petition name, number and applicant contact info; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location, as applicable. Updated 2181 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice - Generally, Contents, Categories of Notice, and Notice Recipients E. Posting of a Sign Applicability For applicable land use petitions, the posting of a sign shall be as follows. Timing The sign shall be posted at least 15 days before the Hearing Examiner, Planning Commission, or the BCC acting as the BZA hearing. Sign Requirements The sign copy must occupy the total area of the sign. The requirements for the size, location, and proof of posting and removal of the sign are as follows: 1. Properties < 1 acre: The sign shall measure at least 1 and % square feet in area. The sign is erected by the Planning & Zoning Department on behalf of the applicant. 2. Properties > 1 acre: The sign shall measure at least 32 square feet in area. The sign is erected by the applicant. At least 1 sign is placed on each external boundary that fronts a street. If the external boundaries along a street exceed 1,320 linear feet, signs are placed equidistant from one another with a maximum spacing of 1,000 linear feet. However, the number of signs along an exterior boundary fronting a street cannot exceed 4 signs. 3. All properties: • The sign must be located in full view of the public on each street side of the subject property. • Where the subject property is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs are erected along the nearest street right -of -way, with an attached notation indicating generally the distance and direction to the subject property. • The applicant must provide evidence to the Planning & Zoning Department that the sign(s) were erected by furnishing photographs of the sign(s) that show the date of their erection at least 10 days before the scheduled public hearing. Removal of Sign The signs shall remain in place until any of the following occur: 1. Final action is taken on the application, or 2. The Planning & Zoning Department receives written notification that the applicant is withdrawing or indefinitely continuing the application. Updated 219 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 9 /Office of the Hearing Examiner 220 1 F a I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Chapter 9. Office of the Hearing Examiner - Procedures Reference LDC section 8.10.00, Code of laws and Ordinances section 2 -83 through 2 -90, and Ordinance No. 2013 -25. Applicability The Hearing Examiner hears and makes final decisions pursuant to the Code of Laws and Ordinances section 2 -83 through 2 -90 and Ordinance No. 2013 -25. A minor conditional use is one which does not require environmental review under Section 2 -1191 et seq. of the Code of Laws and Ordinances and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner or as requested by a member of the Board of County Commissioners. If the Hearing Examiner recuses, disqualifies himself or herself, or does not otherwise hear a particular case where the Hearing Examiner makes the final decision, these cases shall be heard by the Planning Commission in an advisory capacity and then forwarded to the Board of County Commissioners for the final decision. Assignment Once the application is submitted to the County and deemed complete pursuant to Chapters 1 through 7 of the Administrative Code, as applicable, the following petitions shall be assigned to the Hearing Examiner: 1. Administrative Type III Appeal. 2. Alcohol Distance Waiver. 3. Appeal of an Official Interpretation of the LDC. 4. Automobile Service Station Waiver. 5. Boat Dock Facility Extension, including Boat Lift Canopy Deviations. 6. Minor Conditional Use. 7. Minor Conditional Use Re- Review. 8. Minor Conditional Use Extension. 9. Non- Conforming Use Change and Non - Conforming Use Alteration. 10. Parking Exemption with a Public Hearing. 11. Post Take Plan, if applicable. 12. PUD Extension. 13. PUD Insubstantial Changes, including Minor Text Changes. 14. PUD Minor Change to Remove an Affordable Housing Contribution. 15. Sign Variance. 16. Site Plan with Deviations for Redevelopment Projects. 17. Stewardship Receiving Area (SRA) Insubstantial Changes, including Minor Text Changes. 2211 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter /Office of the Hearing Examiner 18. Variance. 19. Zoning Verification Letter— PUD Comparable Use Determination. ::::.ring Examiner Upon completion of the staff report by the assigned planner pursuant to Chapters Review 1 through 7 of the Administrative Code, as applicable, five copies of the staff report and application materials shall be forwarded to the Hearing Examiner for all matters assigned to the Hearing Examiner. Pre - Hearing The Hearing Examiner may have ex parte communications with any party or Confer once person. M �x o, °o� Unless good cause is shown, all motions for disqualification of the Hearing i3i_;t,, %� . Jfication Examiner shall be filed no later than ten (10) working days prior to the scheduled public hearing before the Hearing Examiner. The motion shall be accompanied by an affidavit stating particular grounds, which shall be limited to those for which a judge may be disqualified. The affidavit must state facts sufficient to show that the movant has a well- founded fear that the movant will not receive a fair and impartial hearing. Unless denied as untimely, the motion shall be ruled on by the Hearing Examiner before whom the case is pending. If the motion and affidavit are found legally sufficient, the Hearing Examiner shall disqualify himself or herself, after which the matter will be set for hearing as provided for in the Land Development Code for such particular action. The Hearing Examiner may also recuse or disqualify himself or herself at any time in accordance with Ord. 2013- 25. 1,4;;tI, -e Public notice is required for all Hearing Examiner hearings. q See the specific Administrative Code section for the public notice requirements necessary for the petition. q See Chapter 8 of the Administrative Code for additional notice information. Public Hearin; _ The participants before the Hearing Examiner shall be the applicant, County staff, Participants County agencies, proponents and opponents, inclusive of the public, and witnesses with relevant testimony. The proponent shall be defined as a participant in favor of the application, exclusive of the applicant; whereas, the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record. All participants will testify under oath. Public Hearing - 1. Due Process. For hearings, basic due process requires that the parties have RoIeS of ; 'Pro <cedu -e notice of the hearing and an opportunity to be heard. Parties must be able to present evidence and be informed of all the facts upon which the County acts. The term "parties" to any proceeding are the Applicant and the County (or their representatives) and does not include public participants or their representatives. 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form, and all testimony shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but it shall not be sufficient, in itself, to support a finding by the Hearing Examiner unless it would be 222 1 P a e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 /Office of the Hearing Examiner 223 1 P a Q. e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx admissible over objections in a civil action. 3. Application of rules. The Hearing Examiner is responsible for ensuring these rules are applied equally and consistently to all evidence and testimony presented by the parties and public participants. 4. Burden of Proof. The applicant has the burden of proof to show by competent and substantial evidence that the proposed request conforms to the LDC and the GMP. S. Expert Witness. A witness may be qualified by the Hearing Examiner as an expert through specialized knowledge, training, experience or education, which is not limited to academic, scientific or technical knowledge. Pu. ,Iic Hearing -- 1. Hearings will be conducted in an informal but courteous and professional 0 -der a manner. To the extent possible and at the Hearing Examiner's discretion, the 'roc '. °d i i E s order of proceedings will be as follows: • Hearing Examiner's explanation of rights and responsibilities of all interested persons as well as an explanation of future proceedings that may occur in relation to the matter to be heard. • The announcement of the matter to be heard and if applicable, Hearing Examiner discloses all ex parte communications. • Presentation of request or appeal by applicant, appellant, or representative. • Presentation of County's position. • Public participation and comment. • Rebuttal and closing statement by applicant, appellant or representative. Rebuttal testimony may not be used to provide new information. 2. Questioning shall be confined as closely as possible to the scope of direct testimony. The Hearing Examiner may call and question witnesses as he or she deems necessary and appropriate. The Hearing Examiner shall decide all questions of procedure and will raise questions and provide comments at anytime during the hearing. P bhc Hearing - The Hearing Examiner shall not be limited to the evidence presented by Applicant NIi tee s to € e or County at the hearing. The Hearing Examiner may consider any additional by tic: relevant evidence including, but not limited to, any of the following: 1. The history of the subject parcel. 2. Applicable regulations and development standards promulgated. 3. Applicable goals, objectives, and policies contained in the Comprehensive Plan. 4. Reports and recommendations filed by reviewing agencies. S. Physical characteristics of the subject parcel and surrounding lands. 6. Impact on the surrounding transportation network. 223 1 P a Q. e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A 9 Collier County Land Development Code I Administrative Procedures Manual Chapter 9 /Office of the Hearing Examiner 7. Availability and capacity of public services. 8. Nature of and impacts on surrounding land use. 9. Environmental impact of the proposed development activity. 10. Application of criteria in LDC relating to the requested petition. 11. Site visit. All such additional relevant evidence shall be made part of the record at the hearing. Public Hearing — 1. The decision of the Hearing Examiner shall be in writing and include: Findings and • Summary of proposed development activity and the evidence Decision of the Hearing Examiner presented. • Findings of fact and conclusions of law, including compliance or noncompliance of the proposed development activity with applicable provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). • A decision to grant, grant with conditions or deny the application with reasons therefore specified, including any recommended conditions. 2. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address and a stamped, self- addressed envelope for that purpose. Pubiie Hearing -- 1. A verbatim transcript of all public hearings before the Hearing Examiner shall Record of hearing be recorded by the Clerk of the Board and also transcribed by an official court before the Hearing reporter. Any person may request and obtain a transcript of the record from Exarniner the court reporter at their own expense. 2. The record of the hearing before the Hearing Examiner shall consist of: • The application and accompanying documents. • Staff reports and recommendations. • All exhibits and documentary evidence. • The decision of the Hearing Examiner. • Verbatim transcript of the proceedings. Public Hearing — Decisions shall be filed with the Clerk to the Board of County Commissioners. Decisions to be died Public Hearing -- A copy of the decision of the Hearing Examiner is required to be filed with the Decision of the Clerk of the Board within 30 working days after the conclusion of the public Hearing Examiner hearing before the Hearing Examiner. The Hearing Examiner will deliver all decisions by electronic mail or regular mail. Public Hearing -- Decisions of the Hearing Examiner shall be noted for information purposes on the Decisions to zoning map for variances, conditional uses, and boat dock extensions. 2241 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 Office of the Hearing Examiner N otaund on Zoning Ulap Public Hearing -- 1. On motion by a party, the Hearing Examiner may grant a rehearing on an Rec rssicieratio ` of application for the following reasons: „ :ar.rer by the HezinnC Examiner • Mistake, inadvertence or excusable neglect; • Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing; or • Fraud, misrepresentation or other misconduct of an adverse party. 2. The motion for reconsideration by a party shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal. The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. Public Hearing — Continuance(s) of the public hearing shall be permitted for good cause as Continua rsc'e (s) determined by the Hearing Examiner. If the continuance of the public hearing is to a specific date and time, then re- advertisement of the hearing shall not be required. Public Hearing - 1. Within 30 days after the Hearing Examiner's written determination has been Appeal of the rendered, either the County or the landowner may appeal the determination Decisicun by ti-)e to the Board of County Commissioners. Any additional fee for a landowner - Hearing Exa:.oi ie initiated appeal must accompany the appeal. At the public hearing, the Board of County Commissioners will review the record created by the Hearing Examiner's proceedings, but the Board may by majority vote accept evidence not presented to the Hearing Examiner. 2. The Board of County Commissioners may: • Affirm the Hearing Examiner's determination, with or without modifications or conditions; or Reject the Hearing Examiner's determination, except that the Board may not modify the determination or impose conditions, or reject the Hearing Examiner's determination unless the Board expressly finds that one or more of the Hearing Examiner's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the Hearing Examiner's determination otherwise specifically failed to properly apply one or more of the criterion in the LDC or GMP. 9A t I 225 1 P a ;; I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A ' �I This page intentionally left blank. Page No. -Ad 6 9 A ' ".., ?I Chapter 10. Where to Find Current Information This Administrative Code references a number of documents that are important to the development process. All of these documents are available at the Planning & Zoning Department offices, or online at the references listed below. These documents include: Document Description Reference Collier County Growth Management The GMP establishes the County's official Online at Plan ( "GMP ") policies for land development. All land http: / /www.colliergov.net/ development regulations and permits must index.aspx ?page =257 be consistent with the GMP. Collier County Land Development The LDC includes the regulations that Online at Code (LDC) implement the GMP. The processes in the http: / /library.municode.co Administrative Code are based on the LDC. m /index.aspx ?clientld =139 92 &state id= 9 &stateNa me= Florida (see discussion below) Zoning Map The Zoning Map shows the boundaries of the County's zoning districts. Code of Laws and Ordinances of The Code of Laws consolidates the County's Collier County, Florida ( "Code of laws —its general and permanent Laws ") ordinances. Several provisions of the Code of Laws are implemented by procedures in the Administrative Code. Florida Statutes These include the state constitution and state laws. The Administrative Code includes various references to the state statutes. Planning & Zoning Department website Growth Management Division (GMD) Fee Schedule (September 23, 2008) This includes background information, applications, contacts, and other information relating to land development in Collier County. These are the fees that an applicant must pay when filing an application under the Administrative Code. The fees offset the cost of administering the LDC. The County will not accept an application unless the required fee is paid. I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Online at http: / /www.colliergov.net/ ftp /GraphicApps /Maps /Col lier_County_Base_map.ht m Online at http://library.municode.co m/i ndex.aspx ?cl ientld =105 78 &stateld= 9 &stateName= Florida Online at http://www.leg.state.fl.us/ Statutes /index.cfm Online at http: / /www.colliergov.net/ Index.aspx ?page =128. You can download forms at http: / /www.colliergov.net/ index.aspx ?page =3384 Online at http://www.colliergov.net/ index.aspx ?page =128 Applicants should check the website before filing an application, because the fees change from time to 227 1 Page 9A Collier County Land Development Code I Administrative Procedures Manual Chapter 10 / Where to Find Current Information time. The Land Development Code (LDC) is codified on the Municipal Code Corporation's website at www.municode.com. Click "Online Library," then click "Florida," then click "Collier County," and then click the "Collier County Land Development Code." The codified ordinance may not be current. To find ordinances that have amended the LDC since its most recent codification, go the Collier County Clerk's website at http:// www. collierclerk. com/ ClerkToTheBoard /MinutesandRecords —click "Board Minutes and Records," then "Accept," and then click "BMR," "Boards, Minutes and Records," then "BMR Validated Ordinances." Members of the general public may find it difficult to search through the minutes to locate an LDC provision they are interested in. A member of the Planning & Zoning Department staff can assist you with finding the most current ordinances that affect development in your neighborhood or of your property. Printed copies of the LDC, Growth Management Plan, and forms are available for purchase at the Growth Management Division building, located at 2800 N. Horseshoe Drive, Naples, FL. 228 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx r 9A Chapter 11. Contact Information Contact information is available on the County website. When an application is filed with the Planning & Zoning Department the appropriate staff member is assigned to the application. Staff will conduct a Completeness and Processing and will contact the applicant about whether the filing is in order. The applicant can contact the assigned staff member throughout the various steps of each process. 229 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx f 9A This page intentionally left blank. Page No. J, 3 0 Chapter 12. Acronyms A — Rural Agricultural Zoning District ACOE — Army Corps of Engineers ACP —Agricultural Clearing Permit ACSC — Area of Critical State Concern ADT —Average Daily Trips ASI —Area of Significant Influence BCC — Board of Collier County Commissioners BD — Boat Dock Petition BMUD — Bayshore Drive Mixed Used District BP — Business Park District BZA — Board of Zoning Appeals C -1— Commercial Professional General Office District C -2 — Commercial Convenience District C -3 —Commercial Intermediate District C -4 —General Commercial District C -5 — Heavy Commercial District CCME — Conservation and Coastal Management Element CCPC — Collier County Planning Commission CCSL(P) — Coastal Construction Setback Line (Permit) CDD — Community Development District CEB —Code Enforcement Board CF — Community Facility CIE —Capital Improvement Element CIP —Capital Improvement Program CMO — Corridor Management Overlay C.O. — Certificate of Occupancy CON — Conservation Zoning District CRD —Compact Rural Development CSP —Conceptual Site Plan CU —Conditional Use DBH — Diameter at Breast Height DEO — Department of Economic Opportunity D.O. — Development Order DRI — Development of Regional Impact DSWT — Dry Season Water Table E — Estates Zoning District EAC — Environmental Advisory Council EIS — Environmental Impact Statement EPA — Environmental Protection Agency EXP — Excavation Permit FAC — Florida Administrative Code FDEP — Florida Department of Environmental Protection FDOT — Florida Department of Transportation FFWCC — Florida Fish & Wildlife Conservation Commission FIAM — Financial Impact Analysis Module 1 FIHS — Florida Interstate Highway System FLUCFCS - Land Use Cover and Forms Classification System FLUE — Future Land Use Element FLUM — Future Land Use Map FP — Final Plat FS — Florida Statutes FSA — Flow way Stewardship Area GC — Golf Course GGAMP — Golden Gate Area Master Plan GGPPOCO — Golden Gate Pkwy Professional Off iceCommercial Overlay District GMP — Growth Management Plan GPCD — Gallons Per Capita per Day GT — Gopher Tortoise GWP — Ground Water Protection Zone GZO — Goodland Zoning Overlay HSA— Habitat Stewardship Area I — Industrial Zoning District ICBSD — Immokalee Central Business Subdistrict LDC — Land Development Code LOS — Level of Service LPA —Local Planning Agency LSPA— Littoral Shelf Planting Area M/F — Multi- family Use or Zoning MH — Mobile Home MHO — Mobile Home Overlay MLW —Mean Low Water MPP — Manatee Protection Plan NBMO — North Belle Meade Overlay NC —Neighborhood Commercial District NRPA — Natural Resource Protection Area O.C. — On Center P— Public Use District PPL — Plans and Plat PSI — Pounds Per Square Inch PSP — Preliminary Subdivision Plat PUD — Planned Unit Development RSF — Residential Single - Family Districts RCW — Red Cockaded Woodpecker RFMU — Rural Fringe Mixed Use District RLS — Request for Legal Service RLSA(0) — Rural Lands Stewardship Area (Overlay) RMF — Residential Multi - Family Districts RNC — Residential Neighborhood Commercial Subdistrict R.O.W. — Right of Way RSF — Residential Single - Family SBCO —Santa Barbara Commercial Overlay District SBR —School Board Review SDP — Site Development Plan S /F— Single Family Use /Zoning 2311 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 12 / Acronyms SFWMD —South Florida Water Management District SIP —Site Improvement Plan SLR —Sound Level Reduction SRA — Stewardship Receiving Area SSA — Stewardship Sending Area ST — Special Treatment Zoning Overlay ST -NAR — Special Treatment - Natural Aquifer Recharge SWFRPC —Southwest Florida Regional Planning Council TCEA —Transportation Concurrency Exception Areas TCMA —Transportation Concurrency Management Areas TDR — Transfer of Development Rights TP —Turtle Permit TTRVC —Travel Trailer Recreational Vehicle Campground USFWS — United States Fish & Wildlife Service VOB — Vehicle on the Beach Permit VR— Village Residential Zoning District VRP —Vegetation Removal Permit VRSFP —Vegetation Removal & Site Fill Permit W —Waterfront District WRA—Water Retention Area (within RLSA) 2321 P a I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A Chapter 13. Glossary Addressing An addressing checklist is a form that must be signed by a member of the Addressing Staff. Checklist This form indicates the petition type, the legal description, folio /property identification number, the street address, location information, and a survey for unplatted properties. The addressing checklist form can be found on the Collier County website, on the Zoning and Land Use Application page. Applicant A person or entity who files an application with the Growth Management Division, including their representative or agent. Applicant Contact The applicant contact information should include, but not limited to the following: Information • Applicant /owner or agent's: • Name; • Address; • Phone number; • Email address; and • The name of the firm where the agent is employed, if applicable. Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of architecture. Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471, and who practices principally in the design and construction of public works or infrastructure. Collier County The general codification of the general and permanent ordinances of Collier County, Florida. Code of Laws & The Code of Laws and Ordinances is available online at www.municode.com. Ordinances Electronic Copies An electronic version of all plans and documents, in PDF or Word format, on a CDROM as part of all Documents of the submittal package. Landscape A person who holds a license to practice landscape architecture in the State of Florida under Architect the authority of F.S. Chapter 481, Part IL Land The Collier County Land Development Code 2004 -41. The LDC is available online at Development www.municode.com. Code (LDC) Mailed Notice q See LDC section 10.03.05 B. See LDC section 10.03.05 A. NIM q See LDC section 10.03.05 C. Newspaper 233 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx 9A a Collier County Land Development Code I Administrative Procedures Manual Chapter 13 / Glossary Advertisement Official Zoning The map that shows the location and boundaries of the zoning districts established by the Atlas LDC section 2.02.01. Planner A person who is certified by the American Institute of Certified Planners (AICP). Proof of A copy of the recorded deed, contract for sale or agreement for sale, or a notarized Ownership statement of ownership clearly demonstrating ownership and control of the subject lot or Commitment parcel of land. The application shall also present a notarized letter of authorization from the Information property owner(s) designating the applicant as the agent acting on behalf of the owner(s). Property The folio number that identifies a property or the parcels that are assigned by the Collier Identification County Property Appraiser. Number Property Owner The owner of the property that is subject to an application for development approval, or the designated agent or attorney. Property Owners Persons or entities who own property in the area that are subject to a mailed written notice in the Notification of a hearing, pursuant to LDC subsection 10.03.05 B., q See Chapter 8 of the Administrative Area Code for additional information. PUD Ordinance The following list of documents and materials shall be provided for the following land use and Development applications, including, but not limited to: SDPs, SDPAs, PPLs, and PUDAs. The Planning & Commitment Zoning Department shall review the PUD materials concurrent with all applicable land use Information applications. 1. PUD ordinance and any amendments. 2. A copy of the latest approved agreements. 3. An itemized list of all commitments identified within the agreement /ordinance and a corresponding detailed status report of the commitments. 4. Notarized affidavit from the owner /authorized agent that certifies all commitments within the agreements or PUD are compliant or not applicable at this time, or that work identified in the application being submitted fulfills the outstanding commitments. S. An up to date site drawing illustrating (except for DRIs): • All on -site and off -site infrastructure identified as a commitments which have been completed or are pending such as turn lanes, entrance lighting signalization, right -of -way dedication, water management, well fields, conservation easements, sidewalks, interconnections, etc. • Other information as may be required by the County Manager or designee that is consistent with the monitoring of agreements and PUD ordinances. Sign q See LDC section 10. 03.05 D. 2341 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx Chapter 14. Appendices Appendix A. 9 A N The following is a flowchart indentifying the State, Regional and Local Review Procedure. Detelopnictit of Regional Imprict (DRt( Procecltire 'F.S. section 380,06 Contact Regional Planning Council (RPC) Pre - application meeting with RPC and the County File application with Department of Economic Opportunity (DEO), Planning and Zoning Department and the RPC 30 Days Applicant 92= to prov Sufficiency determined by RPC MNO Applicant decfinc5 to provide Yes _ information The County sets hearing date and publishes notice at a regular meeting 60 Days Minimum 50 D Maximum — 90 Days Maximum RPC Report submitted to Planning and nRl Public Hearing Toning Department 130 Days Maximum -_ 45 -day Appeal period begins once D.O. is rendered to DEO. 2351 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.1 2013- 24- 10.docx STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -57 9A 04 which was adopted by the Board of County Commissioners on the 24th day of September, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of September, 2013. DWIGHT E. BROCK Clerk of Courts andicQierk Ex- officio to County Commis s •briefs' `' By: Martha Verga �zE; Deputy Clerk/'