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Backup Documents 09/24/2013 Item # 9A2AMENDING 2004 -66 9 -24 -13 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS I uo— To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Operations and Regulatory Management Person: Caroline Cilek, Senior Plaimer 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 Reviewed by: ?e Divisio Administrator or Designee Date P.O.# 4500140284 List Attachments: Two Legal Ads. The proposed Ordinances will be furnished closer to the hearing date. 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 �,, J Date Received: 3 Date of Public hearing: _ —v'T ► Date Advertised: 9-�Hs Ann P. Jennejohn v A2 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, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amen, -moms to the (-nllior GG Rty I=and development rnrlo_ the enactment of a County ordinance.... I1-anda Rodri iquez, .`4(.'P . Jtr, Cvart .cedCertiftedParrx.CegaC Office of the County Attorney (239) 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 @colliersov.net < w, e mai. add resse„ uo ,)€;% k recowls, if you do poU e inail address re e ased ira respo ise to <_ puz}_ c erords t'equestt, C , ., ,t .ate =?d mtrua c; ,.ail to tt enfiwy Instead aomlact this office by telephoine o, ;rr w €ling 9A2 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 Wednesci;EtV, S, tern r 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 ORDINANCE Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3td 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 title of the proposed ordinance is as follows: 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. 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 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 9A2 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 9A2 Ann P. Jennejohn From: CilekCaroline <CarolineCilek @colIiergov.net> Sent: Thursday, August 29, 2013 8:31 AM To: Rodriguez, Wanda; Minutes and Records Cc: Ashton, Heidi; Neet, Virginia Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413 Anne, thanks for making the change. Caroline Caroline Cilek, M.S., CFM Senior Planner Collier County Growth Management Division Phone: 239 - 252 -2485 carolinecilek @colliersov.net From: RodriguezWanda Sent: Thursday, August 29, 2013 8:28 AM To: Minutes and Records Cc: AshtonHeidi; NeetVirginia; CilekCaroline Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413 Thanks Ann. Just so you know, Dinny and I will both be out of the office tomorrow, so after today we will not be available to give final approval for ad proofs until next Tuesday. Hopefully we can get all pending Wednesday ads reviewed sometime today... 1•Y'ar7c�rr. IZc�drr�7uez, ,�Ct' .rldvcziaced Certified 2'araCegaC Office of the County _`4ttorney (23�)) 252 -8400 From: Ann P. Jennejohn [mailto: Ann .JennejohnCabcollierclerk.com] On Behalf Of Minutes and Records Sent: Thursday, August 29, 2013 8:24 AM To: RodriguezWanda; CilekCaroline; Minutes and Records Cc: AshtonHeidi; NeetVirginia Subject: RE: Legal Ad request for BCC on 092413 w/ run date 090413 I'II make that change before sending it, thanks Wanda! Ann 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, 9A2 Acct #068779 August 29, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 2004 -66 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 Jennej ohn, Deputy Clerk P.O. #4500140284 d AM NOTICE OF INTENT TO CONSIDER ORDINANCE 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 the enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: 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. 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. 9A2 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 To: legals @naplesnews.com Subject: Amending Ordinance 2004 -66 Attachments: Amends 2004- 66.doc; Amends 2004- 66.doc Good Morning, Please advertise the attached on Wednesday, September 4, 2013. Thank you. 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) Ann P. Jennejohn 9A2- From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Thursday, August 29, 2013 2:44 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS4F43 jpg Hi Ann! Please provide approval ASAP for publication on 09.04.13. Have a great Labor Day Weekend ... I'm s0000 ready for an extra day off! 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. 5hare. 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 1999754 Total Ad Cost $290.34 i 9A2 AMENDS ORDINANCE 2004-66 ADMINISTRATIVE CODE NOTICE OF INTENT TO CONSIDER ORDINANCE 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 Centtr, 3299 Tamiami Trail East, Naples, Florida, 34112. the Collier County Board of County Commissioners will consider the enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as followr 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 Or, 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 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, GT=h Management Division, 2800 14, Horseshoe Drive, Naples, Florida, between the hours of 8:46 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 wish.i ng 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 organizationitiay be allotted 10 minutes to speak an 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 ublic 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 . or 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 put-pose 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 110 Cost TO YOU, to the provision 0 certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamlami 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) September 4, 2013 No. 1949754 Ann P n 9 A 2 P. Jen e' �ohn From: CilekCaroline <CarolineCilek @colIiergov.net> Sent: Thursday, August 29, 2013 2:58 PM To: Ann P. Jennejohn; Rodriguez, Wanda; Neet, Virginia Subject: RE: Ad Confirmation I think the ad language looks ok, however, there appears to be something funky going on with the spacing in the paragraph immediately after ad language. Can that be fixed? Caroline Cilek, M.S., CFM Senior Planner Collier County Growth Management Division Phone: 239- 252 -2485 carolinecilek@coIIiergov.net - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, August 29, 2013 2:53 PM To: CilekCaroline; RodriguezWanda; NeetVirginia Subject: FW: Ad Confirmation Please review a.s.a.p.; the ad will run Wednesday, September 4, for the Board's September 24th Meeting; Because of the holiday weekend, I really need to give them the o.k. this afternoon. Hopefully I'll be sending that other (LDC) ad along shortly. Thank you! Ann - - - -- Original Message---- - From: Polidora, Carol [ mai Ito: cpoIidora @naplesnews.com] Sent: Thursday, August 29, 2013 2:44 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 09.04.13. Have a great Labor Day Weekend ... I'm s0000 ready for an extra day off! 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. Ann P. Jennejohn 9A2 From: Ann P. Jennejohn Sent: Thursday, August 29, 2013 3:33 PM To: Rodriguez, Wanda Subject: RE: Ad Confirmation Those two small paragraphs are always in the Board's notices. It's actually been in our template for their meetings for years. But, if you want me have NDN remove those two paragraphs, I'll ask them do that, and (hopefully) they can fix the spacing........... Ann From: Rodriguez, Wanda Sent: Thursday, August 29, 2013 3:17 PM To: Ann P. Jennejohn Cc: CilekCaroline; Neet, Virginia; Ashton, Heidi Subject: RE: Ad Confirmation Ann, In addition to the spacing issues that Caroline pointed out, there are also two additional paragraphs inserted that were not part of her original ad request. Those paragraphs deal with the 3 minute time limit for speakers and the submission of materials to the board. Can you explain why this was added? Wantfa Rodriguez, ACP .rt.c�vancedCertified Paralegal Off ice of the County -Attorney (23c)) 252 -8400 - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, August 29, 2013 2:53 PM To: CilekCaroline; RodriguezWanda; NeetVirginia Subject: FW: Ad Confirmation Please review a.s.a.p.; the ad will run Wednesday, September 4, for the Board's September 24th Meeting; Because of the holiday weekend, I really need to give them the o.k. this afternoon. Hopefully I'll be sending that other (LDC) ad along shortly. Thank you! i -AiiTi1 - - - -- Original Message - - - -- 1 � 2 Ann P. Jennejohn 9 , From: Ann P. Jennejohn Sent: Thursday, August 29, 2013 4:16 PM To: 'Polidora, Carol' Subject: RE: Ad Confirmation Same story with this one ..... if those two paragraphs could please be removed; I highlighted the changes again in these two attachments. Also, is there any way the spacing gap, in the 3rd paragraph down can be fixed? Sorry about the extra work! Ann - - - -- Original Message---- - From: Polidora, Carol [mai Ito: cpolidora @naplesnews.com] Sent: Thursday, August 29, 2013 2:44 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 09.04.13. Have a great Labor Day Weekend ... I'm s0000 ready for an extra day off! 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 1999754 Total Ad Cost $290.34 1 9A2 NOTICE OF INTENT TO CONSIDER ORDINANCE 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 the enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: 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. 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. 9A2 NOTICE OF INTENT TO CONSIDER ORDINANCE 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 the enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: 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. 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. 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 9 A 2 GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) A z Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, August 29, 2013 4:39 PM To: Ann P. Jennejohn Subject: Revised Ad Confirmation Attachments: UAS8578 jpg Not sure what happened there in Paragraph 3... All fixed now... Thank you for placing your ad. Date 08/29/13 Publication NDN Account Number 744102 Ad Number 1999754 Total Ad Cost $233.58 9A2 AMENDING ORDINANCE 2004 -66 REVISED NOTICE OF.INTENTTO CONSIDER ORDINANCE Notice is hereby given thaton Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3rd Fioor, Building "F." Collier County Government Center, 3299 Tamfami Trail East, Naples, Florida, 34112, the Collier County Board of County Comm issioners wi I I consider the enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed; ordinance is as follows: AN ORDINANCE OF COUNTY, FLORIDA j ADMINISTRATIVE CC 'A` NDING ORDINANCE NCI. FOR COLLIER COUNTY; PR 4TING TO LAND DEVELOP .ELATING TO FEES AND COLI PROVIDING FOR THE Al jR LAND DEVELOPMENT: PF G FOR CODIFICATION AND AND PROVIDING FOR AN EF 1551ONER5 OF COLLIER -66 TI4AT CREATED AN N OF EXHIBIT RB* i FOR CONFLICT AND ON IN THE CODE OF 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 9,00 A M. and 5:00 P.M., Monday through Friday. Furthermore, materials wilt 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 $oard of County Commiss►oners w it h respect to any matter considered at such meeting tar hearing, he a��ill need a record of the proceedings, and for such ppurpose he may need to ensure that a verbatim record of the proceedings Is made, which record ncludes the teslirnony and evidence upon which the appeal �s to be based. I #you are a person with 4 cilsability who needs any actomntodatlon in order to participate in this proceeding, you ire entitled, at by cos# to you, to the provision of terta, r }assistance. Please Contact the Collier Cpunt�++ Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Maples. Flonda 34112, (239) 252 8380. Assisted listening devices for the hearing impaired are available i 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) September 4, 2013 No. 1999754 9 A 2 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, August 29, 2013 4:46 PM To: Ann P. Jennejohn Cc: CilekCaroline; Neet, Virginia; Ashton, Heidi Subject: re: Revised Ad Confirmation Attachments: UAS8578 jpg This one is now goad to go; have a great holiday weekend everyone! lVamfa Rodriguez, .ACP .Advanced Certified PavategaC Of :ice of the County Attorney (239) 252 -8400 - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto :Ann.Jennejohn @collierclerk.c Sent: Thursday, August 29, 2013 4:42 PM To: RodriguezWanda; CilekCaroline Subject: FW: Revised Ad Confirmation The two paragraphs have been removed and the holes in that third paragraph have been taken out. Please review. Thank you! Ann - - - -- Original Message---- - From: Polidora, Carol [ mailto :cpolidora @naplesnews.com] Sent: Thursday, August 29, 2013 4:39 PM To: Ann P. Jennejohn Subject: Revised Ad Confirmation Not sure what happened there in Paragraph 3... All fixed now... Thank you for placing your ad. Date 08/29/13 Publication NDN Account Number 744102 Ad Number 1999754 Total Ad Cost $233.58 Under Florida Law, e -mail adds esses are public fecmds. If you do riot want your e -mall address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone of in writing. 1 Naples Dail News 9A2 P Y Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------- - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 59727601 4500140284 NOTICE OF INTEN I NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, September 24, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County State of Florida Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of County Commissioners will consider the enactment of a County County of Collier ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: Before the undersigned authority, pe appeared Robin Calabrese, who on oath she serves as the Advertising Director Naples Daily News, a daily newspaper p Naples, in Collier County, Florida: t attached copy of advertising was publi newspaper on dates listed. Affiant further says that the said N News is a newspaper published at Naple Collier County, Florida, and that the newspaper has heretofore been continuo published in said Collier County, Flor day and has been entered as second cla matter at the post office in Naples, is Collier County, Florida, for a period next preceding the first publication o attached copy of advertisement; and of further says that he has neither paid promised any person, firm or corporatil discount, rebate, commission or refund purpose of securing this advertisement publication in the said newspaper. PUBLISHED ON: 09/04 AD SPACE: 76 LINE FILED ON: 09/04/13 Signature of Affiant Sworn to and Subscribed bglf6re me Personally known by me AN OUNTYiNFLORIDA FAMENDING ROR4NA CE NO.C2004,661 THAT SCREATED LAN 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 SEVERABRJTY;,PROVIDING FOR CODIFICATION AND INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. All interested partiesl 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. 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 -- - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - � r day of ! Gam, 20.6 MY COMMISSION # EE 851758 EXPIRES: November 28, 2014 Bonded Thru Pichard Insurance Agency Clerk CO 7EY Ci01414ty Growth Management Division 9 A 2- ��"a�n 6kD aFn-� Caroline Cilek, Senior Planner, M.S., CF Growth Management Division, Operations and Regulatory Manageme Table of Contents for Administrative Code for Land Development and Corresponding LDC Amendments Binder September 11, 2013 1. Cross Reference Key 2. LDC Section Relocation Quick Guide 3. Statement of support provided by Mr. Mark White, Esq., AICP 4. Administrative Code for Land Development 5. LDC Amendments for Administrative Code for Land Development 6. Code of Laws and Ordinances Amendment 7. Hearing Examiner related LDC amendments: 8.10.00 - Hearing Examiner and 10.02.03 F —Site Plan with Deviations for Redevelopment Please note: All Ordinances and Resolutions are contained within the SIRE package, Items 16 9A and 9B 9 A 2 Administrative Code and Corresponding LDC Amendments Key for LDC Section Cross References August 29, 2013 LDC section cross references in the Administrative Code and LDC Amendment document: • Reference to BLACK LDC sections = no language change within the section. The LDC section is consistent with Municode and the current LDC. • Reference to GREEN LDC sections = language change within the section. The LDC section has been amended and the section can be found within the LDC Amendment document. Additional Administrative Code References: • c* See Chapter X of the Administrative Code for additional information= The identified chapter of the Administrative Code contains additional relevant information. • c* See LDC section XX.XX.XX. =The identified section of the LDC contains relevant information. 1 I: \Admin Code 2012 \Current Work \Book Covers, Key and Supplemental Materials \Cross Reference Key 082913.docx9/9/2013 4:40 PM N E C QJ ^y i Q O v a V � O hA a1 C Cr- � O Qom.► GJ H V i tti W O V a� m L H Q Y V A M r-I O N r-i L GJ W N 9 A 2 H C �AW•- L'[ l N o N > o N °- v L Z W f�6 O O N O U > 3 u ° 0 41 CL U cu a �' . Lw E C L fY6 Q O O> N O O v U L �= Q o O E i > Lw C V� N a1 O j O N 0 U L2 ° V, >— o CL E a a1 tin C a-+ _� O N 0 U '3 J p — U o 0 a) W , O -0 -0 E o O U oA v- v v L2 a1 v t]C ns N C t E x o • = N tw C 4 , O N 0 U 0 �• +' 2 O g o r+ v v i MO O p tw o ER }, N O O 'N N 0 U C2 m +++ + E -0 a° aj '°' O 0" -a 4-1 ? 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MARK WHITE, ESQ., AICP Admitted ua direenuri and Nort Carolina CHARLESTON, SC OFFICE: E. TYSON SMITH, ESQ., AICP Admitted in Soutb Carolina and Florida South Carolina Certified Civildfediator ROSS A. APPEL, ESQ. Admitted is Soutti Carolina i29 SE 2ND STREET. SUITE 8 LEE'S SUMMIT, MO 64063 TEL 816- 221 -8700 l'VWW PLANNINGANDL AW.COM 9 A 2 September 11, 2013 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 -5746 re: Administrative Code Dear Members of the Board of County Commissioners: The County is considering the adoption of an Administrative Code as a tool to assist with the administration of its Land Development Regulations (LDRs). I have worked with the County since 2007 on its LDRs and, ultimately, the Administrative Code. This letter summarizes the legal and administrative benefits of an administrative code, and how it fits in with national best practices for code administration. I have a Masters in Urban and Regional Planning and law degree, and have practiced as a professional planner for nearly 25 years. I am a member of the American Institute of Certified Planners (AICP) with extensive planning experience throughout the nation. Our firm has participated in development code updates, zoning updates, and similar projects for over 150 communities in 36 states. Based on my professional experience and judgment and familiarity with this project, my opinion is that the Administrative Code is a positive step forward for the County, and will yield significant benefits in administrative efficiency and economic development. What is the Administrative Code? The Administrative Code is a document that assembles the procedures for getting property entitled for use or development. While the LDRs establish the legal requirements for individual procedures, the Administrative Code fills in the details. These include the specifics about how to file applications, where to file applications, what information to provide, and what to expect after the application is filed. It is comprehensive, covering every step of the entitlement process from preliminary stages (such as comprehensive plan amendments) up through the end of the process (such as zoning certificates). It also covers every type of process, including legislative, quasi judicial, and administrative procedures. 9A2 Board of County Commissioners of Collier County September 11, 2013 Page 2 The County has already adopted an Administrative Code, taking advantage of express statutory authority.1 The County has adopted an administrative code ordinance pursuant to this authority (Ord. 2004 -66, codified at Code of Laws Chapter 2, Art. I, Div. 2, §§ 2 -10 to 2 -12). This Administrative Code would extend this tool by supplementing Article 10 of the Land Development Regulations. It is common practice for land development agencies to adopt supplemental codes like this one to assist in administering LDRs. The State of Florida gives counties express authority to adopt administrative codes, and this type of tool is rarely — if ever — challenged in court. This practice has a long history in the history of zoning and land development regulation. For example, zoning and land development review agencies often have their own rules of procedure. Even in states with very basic enabling legislation, Planning Commissions, Boards of Zoning Adjustments, and other agencies typically have their own rules of procedure. In addition, public works and engineering departments often maintain technical specifications for infrastructure that are maintained independent of subdivision or zoning regulations, but that provide standards for new construction. In fact, the County has adopted several handbooks and guides relating to construction, such as the Collier County Right -of -Way Permitting and Inspection Handbook and the Traffic Impact Study (TIS) Guidelines and Procedures. Purpose of Administrative Code The Administrative Code serves several important purposes. These include: 1. Consolidating the County's LDR processes. The Administrative Code is a comprehensive document, covering all processes. This includes not only the major, legally required steps, but also internal processes and workflows. 1 Florida Statutes § 125.74(1)0). In addition to this authority, the Board of County Commissioners (BCC) has the authority to "[ a] dopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law." (FS § 125.01(1)(t)). Enumeration of the BCC's powers in Chapter 125 is non- exclusive and broadly construed (FS § 125.01(3)). Board o County Commissioners o Collie�CdR .f tJ .f September 11, 2013 Page ,3 2. Explaining the processes in plain language. The Administrative Code is designed to be readily understandable by people who use it — including applicants, County staff, decision makers, and the general public. 3. Providing a fluid set of processes. The Administrative Code allows for quick, mid - course corrections when a process, or procedural details, need to change. Benefits of an Administrative Code The Administrative Code will become an important tool for both the County and applicants. Some of the key benefits are explained under "Purpose of Administrative Code," above. In addition to the overriding purposes of the Administrative Code, there are a number of subsidiary benefits to the document. These include: i. Communication. The Administrative Code puts all of the processes required by the LDRs in a single, easy to use document. The document consolidates the processes, eliminates guesswork by communicating them in plain language, and shows show procedural steps work together. This makes the County's development approval processes easier to understand for applicants, county staff, and affected neighborhoods. 2. Streamline development approval. Processes are communicated in a way that is easier to understand than the LDRs, and the County can make mid - course corrections or improvements to administrative details (such as application submittal requirements) without engaging the full LDR amendment process. This will make the application process smoother and easier to understand. 3. Readability. The Administrative Code is far easier to read and use than the current LDRs. The LDRs include a chapter (Chapter 1o) devoted to procedures. However, the procedures are scattered, do not follow a logical work flow, and are difficult to read. In addition, many procedures are scattered in other chapters of the LDRs. The Administrative Code not only consolidates these provisions, but it is designed for ease of use. It includes concise language, visual cues and a common format for &2 Board of County Commissioners of Collier Cou m y September 11, 2013 Page 4 all procedures. This makes for the processes easier to comprehend, both for individual permit workflows and in terms of how they work together. 4. Maintenance & Codification. Unlike the LDRs, the Administrative Code is maintained by County staff. It is maintained as a Word document and pdf download. This allows changes to be made and communicated to the public as they occur — without the delays normally found between ordinance adoption and formal codification on Municode. This allows applicants and the general public not only to find information quickly, but also to be confident that the information is current. 5. Internal Consistency. The Administrative Code, when combined with the accompanying LDR amendments — makes the County's stated policies and codes match its administrative practices. The current LDRs do not always reflect how processes actually work behind the counter. The Administrative Code and accompanying LDR amendments bring current practice in line with the County's written policies, minimizing confusion by decision makers, staff, and applicants. 6. Quick changes. LDRs and their associated processes are not static documents. There are external forces that constantly require changes in processes. These include changes in state or federal law, new technologies, and economic conditions. We cannot always predict what those changes will be. However, the County can set up a way to quickly respond to these conditions with amendments, additions, or deletions to the procedural requirements or details. One of the advantages of an administrative code is that the County can amend the code by resolution, rather than by ordinance. Unlike a zoning map or amendment to the text of the LDRs, an administrative code amendment would not involve the expense and delay associated with the normal LDR review process. Because the Administrative Code is not subject to the full LDR amendment process, it gives the County the ability to make these changes quickly — therefore allowing the County to stay ahead of its peers in attracting economic development and improving quality of life. 9A2 Board of County Commissioners of Collier County September 11, 2013 Page 5 7. Transparency. Because the procedural work flows do not always match the LDRs, the Administrative Code makes these processes transparent. Processes are described the way they work in practice. This minimizes confusion, and helps build trust between applicants, the County, and the general public. 8. Cost Efficiencies. Streamlined processes and regulations will use County staff time better, and will minimize development costs. This will save money for both County taxpayers and applicants, and encourage a more predictable and fair process. Are there alternatives to the Administrative Code? The County could improve its procedures through amendments to the LDRs, or simply by changing submittal requirements, deadlines, or other details on its application forms. However, an Administrative Code is superior to these alternatives for several reasons. First, LDR amendments would a significant amount of detail to an already lengthy set of regulations. Many of the details in the Administrative Code (such as County office addresses, website URLs, etc.) are unusual for code and, when they change, would require the full LDR amendment process for updating. The Administrative Code provides a much speedier and efficient way to keep the County's processes up to date. Second, while the County's application forms can be updated quickly, these updates should follow written County policy. Creating a unified, structural written process in the Administrative Code minimizes confusion and inconsistencies. Conclusions The Administrative Code is consistent with national best practices, and will improve the efficiency, equity and clarity of the County's permitting processes. It ensures that written processes and their execution are consistent, and uses a legally recognized way to keep them up to date. The County and its staff are to be commended assembling this important document. Very uly- ours,, .� ,! IL+ Mark White a ` ;s # Board of County Commissioners of Collier Co September 11, 2013 Page 6 Resume (Mark White — White & Smith, LLQ BACKGROUND Mark White is an attorney and urban planner whose practice has emphasized drafting zoning, subdivision and land development codes for over 24 years. He is the former President of the board of directors of the nonprofit community development group Westside Housing Organization, and is a member of the North Carolina and Missouri Bars, the American Institute of Certified Planners, and the American Planning Association. Mr. White is also a frequent speaker at the national meetings of the American Planning Association and various other professional organizations. EDUCATION • Bachelor of Arts, magna cum laude, History /Political Science (Bethany College, Lindsborg, Kansas) • Juris Doctor /Master of Regional Planning (University of North Carolina at Chapel Hill) SELECTED EXPERIENCE - CODE DRAFTING AND RELATED STUDIES Mark White has completed over 15o development code updates, zoning regulations, and comprehensive plan or smart growth implementation projects for local governments in 36 states. Representative clients include Cincinnati, Ohio; San Antonio, Texas; Frederick, Maryland; and Los Angeles, California. SELECTED PUBLICATIONS • A 21st Century Land Development Code (American Planning Association, 2oo8) • Contributor, A Legal Guide to Urban and Sustainable Development for Planners, Developers and Architects (Wiley, 20o8). • "Writing Defensible Codes," The Commissioner (Winter 2oo6) • "Unified Land Management Codes," Municipal Lawyer (Aug. 20o6) 9A2 Board of County Commissioners of Collier County September 11, 2013 Page 7 • "Classifying and Defining Uses and Building Forms: Land - Use Coding for Zoning Regulations," Zoning Practice (September 2005) SELECTED CONFERENCE PRESENTATIONS • "Code Drafting and the Law" and "Legal Issues for Form - Based Codes" (Planetizen webcast, March 16, 2013) • "Writing and Updating the Zoning Ordinance" (American Planning Association Planners Training Service, one -day workshop, November 7, 2012) • "Introduction to the Topic of Form Based Codes" (Utah Land Use Institute, October 23, 2012) • "The Mechanics of Code Writing" (American Planning Association National Conference, 2003 -2009, 2011 -2013) • "Writing Legally Defensible Form Based Codes" (New Partners for Smart Growth, Los Angeles, California, February 9, 2007) • "Incorporating Principles of New Urbanism into Zoning Codes" (University of Wisconsin Planning and Zoning Seminars, May 2 and July 20, 20o6) • "Land -Based Classification Standards and Zoning" (American Planning Association National Conference, April 20o6) • "Design Graphics for Planning" (American Planning Association audio conference April 12, 2oo6) SELECTED CITATIONS Court decisions, books, agency publications, and other important resources that have cited publications authored by Mr. White include: • Town of Rhine v. Bizzell, 311 Wis.2d 1, 751 N.W.2d 780 (2008) • Bahl v. City of Asbury, 656 N.W.2d 336 (Ia. 2002) • Danielle Arigoni. Affordable Housing and Smart Growth: Making the Connection. National Neighborhood Coalition, 2001. http:// www. smartgrowthamerica .org/affordable housing .p df. • Tim Iglesias & Rochelle E. Lent. The Legal Guide to Affordable Housing Development. American Bar Association, 2oo6. �n� 9A C;o ler County Growth Management Division I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Contents Chapter1. 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 2 1 P a g e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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 31 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 E.5 Vegetation Removal and Site Filling Permit ( VRSFP) ...................... ............................... 98 F. Mixed Use Project— Administrative Approval .................................. ............................... 100 G. Official Interpretation of the Land Development Code .................... ............................... 101 H. Sign Permit ........................................................................................ ............................... 103 I. Site Development Plan ...................................................................... ............................... 105 1.1. 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.1. 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 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. Administrative Parking Exemption .................................................... ............................... 187 D. Administrative Variance ( AVA) .......................................................... ............................... 190 E. Alcohol Distance Waiver ................................................................... ............................... 192 F. Alternative Architectural Design ....................................................... ............................... 194 G. Automobile Service Station Waiver .................................................. ............................... 196 H. Nonconforming Use Change ( NUC) ................................................... ............................... 198 I. Site Plan with Deviations for Redevelopment Projects ( -DR) ........... ............................... 201 J. Post Take Plan ................................................................................... ............................... 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 51 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 ' Chapter13. Glossary ........................................................................... ............................... 233 Chapter14. Appendices ...................................................................... ............................... 235 AppendixA ................................................................................................ ............................... 235 61 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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 f: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 1 Introduction The Code has visual cues that improve its readability. These include: q 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 1: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual 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 9 1 P a g e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier Count Land Development Code Administrative Procedures 9 A 2 County p � cedu es Manual 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 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction Growth Management DivisionI �k Planning & Zoning 'y� i 1iiJdadm!lii�e�rnwr_ _. , Department - _1 _ I 2800 N. Horseshoe Drive ) E Naples, FL 34104 i I Phone: (239) 252 -2400 . t y NWIft i • kPW 3 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. S. 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 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code 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 121Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 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 1.0 2013- 9- 10.docx q74 2- ,«, \IA \ VI'kfL' �9A2 Chapter 2. Legislative Procedures The petitions identified in this Chapter require a public hearing by the Board of County Commissioners. 151 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Colliier County Land Development Code I Administrative Procedures Manual Ehapirter 2 Legislative Procedures A. Comprehensive Plan Amendment Reference F.S. § 163.3177 — 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E 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 -plan n i ng -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. • 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 1633184(3). 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. 4*See Chopter3 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. d 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 15 161 Page 1: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx r� Collier County Land Development Code ( Administrative Procedures Manual Chapter 2 / Legislative Procedures Small Scale days before the Planning Commission and BCC public hearings dates. The Amendment for advertisements shall include at a minimum: Map and /or Text . Clear explanation of the proposed ordinance or resolution as it affects the Changes 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. Notice — Notification requirements are as follows. q see Chapter 8 of the Administrative Code for Site Specific additional notice information. Amendment 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. 171 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code Administrative Procedures Manual Chapter 2 Legislative Procedures PUBLIC HEARING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN 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. 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. 18 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. Transmittal of Amendment to DEC: • 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). Criteria The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164, etseq., the State Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. Effective Date 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. Appeals 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). Updated 191 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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 d r 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 1.0 2013- 9- 10.docx yA2 Collier County Land Development Code I Administrative Procedures Manual Chapter 2 / Legislative Procedures B. Land Development Code Amendment - Privately Initiated Text Amendments Reference LDC section 10.02.09, LDC Public Notice subsection 10.03.06 A, F.S. § 163.3202, and F.S. § 125.66. C* See LDC section 10.03.06 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 d r 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 ' Chapter 2 Legislative Procedures category Public Hearing for 1. The EAC shall hold at least 1 advertised public hearing, if required. Amendments which affect 10 acres or 2. The Planning Commission shall hold at least 1 advertised public hearing. less of land and do 3. The BZA shall hold at least 1 advertised public hearing. not change the list of permitted, conditional or prohibited uses within a zoning category Notice for 1. The EAC shall hold at least 1 advertised public hearing, if required. Amendments which affect 10 acres or 2. The Planning Commission shall have at least 1 advertised public hearing. The Planning more of land and do Commission may elect by a majority decision to hear such ordinance or resolution at 2 change the list of advertised public hearings. If there is only 1 advertised public hearing, the hearing permitted, shall be held after 5:00 p.m. on a weekday, and if there are 2 advertised hearings, then conditional or at least 1 of the advertised public hearings shall be held after 5:00 p.m. on a weekday. prohibited uses 3. The BBC shall have at least 2 advertised public hearings. At least 1 advertised public within a zoning hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote category plus 1 vote elects to conduct that hearing at another time of day. Decision maker The BCC, following the recommendations from both the EAC, if required, and the Planning Commission. Review Process 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. Effective Date 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. Updated 211Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx cc7 9 A 2 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 Staff's 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 1.0 2013- 9- 10.docx 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 1.06.01 D, LDC section 8.10.00, LDC Public Notice subsection 10.03.06 Q, 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 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code ( 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 5.03.06, 8.10.00, and LDC Public Notice subsection 10.03.06 H. 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; 25IPage I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land and Development Code I Administrative Procedures Manual A2 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 261 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 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. Application The Boat Lift Canopy and the Boat Lift Canopy Deviation application must include the Contents for a Boat following: Lift Canopy or a 1. Applicant contact information. Boat Lift Canopy Deviation 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. 261 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 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. • 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. 271Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 7. Addressing checklist. 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 for Boat Notification requirements are as follows. C* See Chapter 8 of the Administrative Code for Dock Establishment additional notice information. with a Boathouse, Boat Dock 1. Mailed Notice: Written notice shall be sent to property owners in the notification Extensions, and area at least 15 days before the advertised Hearing Examiner hearing. The County Boat Lift Canopy will mail the letters at the applicant's expense. The advertisement shall include at a Deviations 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. 271Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A2 Colder County Land Development Code I Administrative Procedures Manual Chapter � 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 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. Updated L \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 291 Page 4 9A2 Coll'rr County Land Development Code Administrative Procedures Manual C►apter / Quasi - Judicial Procedures with a Public Hearing C. Conditional Uses (CU) C.1. Conditional Use Permit Reference LDC section 10.08.00, 8.10.00, LDC Public Notice subsection 10.03.06 B or C, 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. 5. 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 1.0 2013- 9- 10.docx r 9 A 2 Coflier 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. <*See LDC subsection 3.08.00 A. 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 Chapter 4 A. of the Administrative Code. 26. Traffic Impact Study C* 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 311 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi Judicial Procedures with a Public Hearing 9AZ 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. 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 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. w See Chapter 8 of the Administrative Code for Conditional Use additional notice information. petitions 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. 321 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx w, 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 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. 9 A 2 Notice for all Notification requirements areas 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 1.0 2013- 9- 10.docx 9AZ Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing PUBUCHEARING REQUESTING REZONE APPROVAL PETITION NUMBER: TO ALLOW: (Request - Sufficiently dear 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 Hearing Examiner shall hold at least 1 advertised public hearing. Ca See Chapter 9 of for Minor the Administrative Code for the Office of the Hearing Examiner procedures. Conditional Use d Minor Conditional Uses are defined in LDC section 8.10.00. petitions Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. for all other Conditional Use 2. The Planning Commission shall hold at least 1 advertised public hearing. 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 Chapter 3 Quasi - Judicial Procedures with a Public Hearing C.2. Conditional Use Extension Reference LDC section 10.08.00 and 8.10.00, and LDC Public Notice subsection 10.03.06 D. 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 1.0 2013- 9- 10.docx Collier. Ch' my Land Development Code I Administrative Procedures Manual 9 2 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 gsee 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. 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. q See Chapter 8 of the Administrative Conditional Use Code for additional notice information. Extension petitions and all other 1. Mailed Notice: Written notice shall be sent to property owners in the Conditional Use notification area at least 15 days before the advertised public hearing. Extension petitions 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. 361 Page f: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 Chapter 3 / Quasi - Judicial Procedures with a Public Hearing PUBLICHEARING 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 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, identify whether additional materials are needed and prepare a Staff Report to present to the Office of the Hearing Examiner for a decision. Updated 371Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx ' 9A2 Cgk"ier Cqunty 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 10.08.00 and 8.10.00 and LDC Public Notice subsection 10.03.06 D. 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. q 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. <* See 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing 9A2 Review Process 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. Updated 391 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 3`j 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 10.03.06 1 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. W See F.S. § 380.0651 and FAC 28 -24 (DRI thresholds) for statewide guidelines and standards to determine whether DRI review is required. C* 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. 5. 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 1.0 2013- 9- 10.docx 9A2 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 G* See Chapter 7 of the Administrative Code. 12. Environmental Data Requirements. gSeeLDCsubsection 3.08.00A. 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. G* 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: b See F.S. §.380.06forState 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 1.0 2013- 9- 10.docx 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 R EG I ONAL I M PACT PETITION NUMBER: TO ALLOW: (Request - Sufficiently clear todescribe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARDOF COUNTY COMMISSIONERS CHAMBERS, THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA, 34112. 9At 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. c*See FS § 380.06(11) Decision maker The BCC, following a recommendation from the Planning Commission. Review Process 1. RPC determines sufficiency. q See F.S. § 380.06(10). 2. Report and recommendation by RPC, Ga 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). Cha nges 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 1.0 2013- 9- 10.docx 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 10.03.06 1 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 a 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. S. 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 9 A 2 431 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 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. 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 Notice is provided by the County to DEO and the RPC 45 days before the BCC hearing, pSee FAC 73C- 40.0251(1)(b). 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 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,<* See FAC 73C- 40.0251(2)(c) -(e). Recording The County will issue a notice of the abandonment within 15 days after any appeal is resolved or after the appeal period expires. p See FAC 73C- 40.0251(2)(e). Appeal <* See F.S. § 380.07. Updated 441 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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 10.02.13 E.1.j, LDC Public Notice subsection 10.03.06 H and F.S. § 380.06(19) Updated 451 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 l 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.B, 10.02.15 and LDC Public Notice subsection 10.03.06 N. 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 Chapter3 C. of the Administrative Code. In addition, pursuant to LDC subsection 10.02.15 A.2., 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 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi- Judicial Procedures with a Public Hearing PUBLICHEARING 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. Updated 471 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx r, 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 10.03.06 G. 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. S. 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. 9A2 481 Page 1: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 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. 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. C* 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 15 491 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. C*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 the criteria identified in LDC subsection 4.05.02 K.3, to present to the Office of the Hearing Examiner for a decision. Updated 501 Page 1AAdmin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 10.02.13 A — F, LDC Public Notice subsection 10.03.06 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 10.02.13 8.1. 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. W See Master Plan Contents below. 4. Name of project. 5. 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 1.0 2013- 9- 10.docx 9A� 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 10.02.13. 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. wSee LDCsubsection 3.08.00 A. 25. Environmental Data Requirements for PUD zoning G See Chapter 7 of the Administrative Code. 521 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx ` 9A2 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 10.02.13 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 1.0 2013- 9- 10.docx s 9A2 Collier County Land Development Code 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. S. 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 • 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 541 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual 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. 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. 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. 551 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code Administrative Procedures Manual 9A� Chapter 3 J Quasi- Judicial Procedures with a Public Hearing PUBLICHEARING REQUESTING PLANNED UNIT DEVELOPMENT (PUD) 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 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 10.02.13 6.3, Staff will prepare a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 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 561 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing G.2. PUD Amendment Reference LDC subsection 10.02.13 E and LDC Public Notice subsection 10.03.06 B. 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 LDC subsection 10.02.13 E. 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. GSee Chapter 3 G.1 of the Administrative Code. In addition, all PUD documents are required to be submitted with the PUDA application. gSee 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: C* 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 1.0 2013- 9- 10.docx 9 A2 Collier County Land Development Code 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: TIME: CONTACT: THE ABOVE TO BE HELD IN THE 60AROOF 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 10.02.13 6.3, Staff will prepare a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 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 1.0 2013- 9- 10.docx 9A2 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 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 H. Applicability This process applies to insubstantial changes to a PUD Master Plan which meets the thresholds in LDC subsection 10.02.13 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 1.0 2013- 9- 10.docx 9A2 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. C* 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 - 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 1. The Hearing Examiner shall hold at least 1 advertised public hearing. C* 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi - Judicial Procedures with a Public Hearing 9 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 10.02.13 B.3, Staff will prepare a Staff Report utilizing the criteria identified in LDC subsection 10.02.13 E, 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 10.02.13 E. Updated 611 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual h'bpter 3 Quasi - Judicial Procedures with a Public Hearing G.4. PUD Minor Change Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 T. 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 10.02.13 E. 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. S. 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 1.0 2013- 9- 10.docx Collier Chu* Land Development Code I Administrative Procedures Manual 9A2 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: 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. 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 10.02.13.E. 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 1.0 2013- 9- 10.docx -Collier County Land Development Code I Administrative Procedures Manual 9 A2 Chapter 3 Quasi- Judicial Procedures with a Public Hearing G.S. PUD Extension Reference LDC subsection 10.02.13 D, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 D. 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 10.02.13. 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 1.0 2013- 9- 10.docx 9A2 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 10.02.13 D. 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. gSeeLDCsubsection 3.08.00A. 20. Traffic Impact Study q 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 1.0 2013- 9- 10.docx y 9A2 Collier County Land Development Code 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. PUBLICHEARING 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 1. The Hearing Examiner shall hold at least 1 advertised public hearing. pSee Chapter9 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. GSee Chapter 3 G.6 of the Administrative Code. Updated 661 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 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, 10.02.06 J, LDC Public Notice subsection 10.03.06 0, LDC section 8.10.00 and F.S. §125.66. Applicability A Zoning Verification Letter may be used to make a determination that a new 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. S. 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 Chapter 8 of the Administrative Code for additional notice information. 671 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9Ac 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 Hearing 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. 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. Updated 681 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 Chapter 3 Quasi - Judicial Procedures with a Public Hearing H. Rezoning - Standard Reference LDC section 10.02.08, LDC Public Notice subsection 10.03.06 B, 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. S. 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 10.02.08. 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 1.0 2013- 9- 10.docx 9A2 Collie%,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. wSee LDCsubsection 3.08.00A. 12. Statement of utility provisions. 13. Traffic Impact Study C*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. 701Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 Quasi - Judicial Procedures with a Public Hearing 9A2 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. PUBLICHEARING 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 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 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 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. 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. 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. Updated 721 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 61lierCounty 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, 8.10.00, and LDC Public Notice subsection 10.03.06 F. Applicability This process applies to a request to vary from the required dimensional standards for a sign. C*See 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. S. 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 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 are as follows. C* 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 - 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 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 the criteria 741 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual �9A2 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. Updated 751Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9AZ 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, 8.10.00, and LDC Public Notice subsection 10.03.06 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. GaSee Chapter 3 L of the Administrative Code fora 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 1.0 2013- 9- 10.docx 9A2 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 3.08.00 A. 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. G 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 1.0 2013- 9- 10.docx 9AZ Collier County Land Development Code ( Administrative Procedures Manual' Chapter 3 / Quasi - Judicial Procedures with a Public Hearing PUBLICHEARING 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 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. 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 1.0 2013- 9- 10.docx 9A2 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 Chapter 4 1 Administrative Procedures A. Architectural Plans Reference LDC sections 5.05.08 and 10.02.03. Applicability Architectural review is required for buildings, structures, and projects as described in LDC subsection 5.05.08 B. w 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 5.05.08, 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. 5. For projects subject to LDC subsection 5.05.08 C.3 Facade /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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 9A2 B. Coastal Construction Setback Line Permit Reference LDC subsection 10.02.06 G. 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9a� IGhapter 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 15t 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 10.02.06 G. Updated 82 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures C. Certificate of Public Facility Adequacy (COA) 9 A 2 C.1. COA for Roadways Reference LDC section 10.02.07 and Code of Laws and Ordinances section 74- 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 CgSee LDC section 10.02.07 for further information: • Certain development of regional impact (DRI) orders that were approved prior to January 10, 1989; G See LDCsubsection 10.02.07 B for exemptions to this provision. • Construction of public facilities that are consistent with the Collier County Growth Management Plan; • Temporary construction and development permits; 831Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx • 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. 831Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx ' 9A2 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 10.02.07 C and Code of Laws and Ordinances section 74- 201. 1 yr. Traffic Capacity 1. Pursuant to LDC subsection 10.02.07 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. 841Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 Chapter 4 Administrative Procedures Updated 851 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 °,Coltjer County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures C.2. COA for Non - Roadway public facilities Reference LDC section 10.02.07 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. 86 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures D. Early Work Authorization (EWA) Reference LDC subsection 10.01.02 B. 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. 5. 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 871 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx r* 9 AZ Collier County Land Development Code I Administrative Procedures Manual Chapter 4 1 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 10.01.02 B. 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 1.0 2013- 9- 10.docx 9 A 2 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 10.02.06.0 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). 4*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 10.02.06 C.1.d. 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 10.02.06.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 1.0 2013- 9- 10.docx 1 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures • SFWMD consumptive use permit or exemption (for the withdrawal of 901 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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 10.02.06 C. Updated 901 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures E.2. Agricultural Clearing Notice Reference LDC subsection 10.02.06 C 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. 5. 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 10.02.06 C.2. 911 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures Completeness 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. 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, 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. Updated 921 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 J Administrative Procedures A 2 E.3. Cultivated Tree Removal Permit Reference LDC subsection 10.02.06 I. 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. S. 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. 931Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 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 10.02.061. Updated 941 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures E.4. Vegetation Removal Permit Reference LDC section 3.05.00. Applicability This process applies to a request to remove protected vegetation, as defined in the LDC, other than that planted for landscaping. C*See LDC section 3.05.00 for exemptions. GSee 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. S. 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 9A2 951 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 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 961 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 CoFlier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures • Other applicable agency reviews or permits or exemptions. Completeness and The Natural Resources Department will review the application for Processing of completeness. The completed application packet must be accompanied with Application 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. 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 permit based on criteria in LDC section 3.05.05. Updated 97 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code Administrative Procedures Manual Chapter 4 1 Administrative Procedures E.5 Vegetation Removal and Site Filling Permit (VRSFP) '9A2 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. C*See LDC section 3.05.02 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. g5ee LDC subsection 3.05.05 H. 14. A management plan, if applicable. 15. Environmental Data Requirements, <*See LDCsubsection 3.08.00A. 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 981Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 Chapter 4 / 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 Application 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. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Posting of a bond 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. Updated 991 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A2 totll& County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures F. Mixed Use Project - Administrative Approval Reference LDC sections 10.02.15 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.1 and 10.02.15 B. 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 Approval' application with the Planning & Zoning Department. Application Pursuant to LDC subsection 10.02.15 A.1.b, MUPs that may be administratively approved Contents shall follow the applicable submittal requirements of a site development plan. q See Chapter 4 1. 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 10.02.15 A.1. and 10.02.15 B. 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures G. Official Interpretation of the Land Development Code Reference LDC section 1.06.01 and LDC Public Notice subsection 10.03.06 P. '9A2 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 1.06.01: • 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 1 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. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review 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. Timing Pursuant to LDC section, official interpretations shall be rendered within 45 days of issuance of a determination of completeness. Official Record 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. C* See Chapter 3 A. of the Administrative Code. Updated 1O21Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 Chapter 4 Administrative Procedures H. Sign Permit Reference LDC section 5.06.00. 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. 5. 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 5.06.11: 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. q See Freestanding Sign site plan requirements below. 103 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual I y 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 5.06.11: 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 5.06.00. 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 1.0 2013- 9- 10.docx Collier Count Land Development Code Administrative Procedures Manual I A Y p � Chapter 4 Administrative Procedures I. Site Development Plan I.1. Conceptual Site Plan (CSP) Reference LDC subsection 10.02.03 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. 1051 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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 10.02.03 and other provisions of the LDC. Updated 1061 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures I.2. Site Development Plans (SDP) 9 A 2 Reference LDC section 10.02.03 and other provisions of the LDC. Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC subsection 10.02.03 A.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 10.02.03 D. 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 5.05.08, 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. 5. 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 1071 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual 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; 1081Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code Administrative Procedures Manual Chapter 4 Administrative Procedures • 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 • 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 • 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; • 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; • Location and configuration of all development ingress and egress points; • Location and arrangement of all proposed buildings (including existing buildings that are to remain); • Location and configuration of all parking and loading areas; • Name, alignment, and existing /proposed right -of -way of all internal streets and alleys; • 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 1091 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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: 9A2 • 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 1.0 2013- 9- 10.docx '9A2 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 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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: • Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. • Specimen trees designated by the BCC, pursuant to LDC section 3.05.09. • 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. • 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. C*See Chapter 7 of the Administrative Code. 22. Soil erosion and sediment control plan. '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 10.02.04 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 1121 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 i Chapter 4 Administrative Procedures circulation depicting sidewalks and bicycle facilities shall be consistent with LDC subsection 5.05.08 A.5. 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 6.06.02 A.7 through 6.06.02 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: o 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 1131 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual 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: 0 USACOE permit and exhibits. If no USACOE permit, SFWMD permit and exhibits shall be submitted; and 0 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 10.02.03, the applicant's 1141 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Requirements 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 1151 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 1.3. Site Improvement Plan (SIP) Reference LDC subsection 10.02.03 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 10.02.03 E. 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 10.02.03 E. Initiation The applicant files a "Site Improvement Plan Application" with the Planning & Zoning Department. Application Submittal Credentials: Pursuant to LDC subsection 10.02.03 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 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. 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. 5. 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 116 1 P a g e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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 10.02.03, 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 1171 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 10.02.03, 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 1171 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual 9A� 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. Updated 118 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures I.4. Site Development Plan Amendment (SDPA) Reference LDC subsection 10.02.03 F 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 10.02.03 F. a 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. G Requirements See Chapter 41.2 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. 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 1191 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 10.02.03, 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 1201 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 J Administrative Procedures 1.5 Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SIPI) Reference LDC subsection 10.02.03 F. Applicability An insubstantial change must meet the criteria established in LDC subsection 10.02.03 F. 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. T 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 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. 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; 1211Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code 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 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. Updated 1221 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx F i Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 9 A 2 J. Temporary Permits 1.1. 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. WSee 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 P a g e I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures 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 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 Code of Laws section 54 -92. Updated 1241 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.2. Annual Beach Event Permit Reference LDC section 5.04.01, 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. S. 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 1.0 2013- 9- 10.docx 9A2 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. 1261 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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 10D -13, Florida Administrative Code, may result in enforcement action. 21. Addressing checklist. 1271 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx ' 9A2 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. 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., 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 public hearing for events that have not been previously approved. Decision Maker 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: C:> See Code of Laws and Ordinances section 10 -48 and section 10 -51. Updated 1281 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code Administrative Procedures Manual Chapter 4 / Administrative Procedures J.4. Film Permit Reference LDC section 5.04.01, 5.04.08, and LDC subsection 10.02.06 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; 1291 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code 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 1301Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.5. Model Homes and Model Sales Centers Reference LDC section 5.04.01, 5.04.04 and LDC subsection 10.02.06 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 4*See Chapter 4 1.2 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 1311Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual ♦ A 2 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 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 section 5.04.04. Updated 132 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 ' 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 5.04.05 A, 10.02.06 F, 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. 133 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 Chapter 4 Administrative Procedures • Adequate on -site or additional off -site parking areas shall be provided as follows: o 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 o 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 5.04.05 A. Updated 1341Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. S. 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 1351 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code Administrative Procedures Manual 9 A2 Chapter 4 / Administrative Procedures criteria identified in the LDC section 5.04.03. Updated 1361 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures K. Zoning Certificate Reference LDC subsection 10.02.06 B.1.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. 1371 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 Administrative Procedures 9 A2 138 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 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. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process 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 138 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 10.02.06 J. 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; 5. 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. 5. 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 1391 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code Administrative Procedures Manual Chapter 4 Administrative Procedures the Code Enforcement Department at 239 - 252 -2440. 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 a Zoning Verification Letter for the applicant. Updated 1401 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 '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 10.02.06 J 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 1421 Page v 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, in coordination with the Building Official, review the application, identify whether additional materials are needed, prepare a Zoning Verification Letter for the applicant. Updated I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 1421 Page v '9A2' 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 10.02.06 J. 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 pSee 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 1431Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 Chapter 5. Subdivision Procedures The following applications and approvals listed in this Chapter are for subdivision procedures. 1451Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code Administrative Procedures Manual Chapter 5 Subdivision Procedures A. Lot Split Reference LDC subsection 4.03.04 B. 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 Courts. 5. 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. 1461 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / 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 4.03.04 B. 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 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code Administrative Procedures Manual Chapter 5 Subdivision Procedures B. Lot Line Adjustment Reference LDC subsection 4.03.04 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. 1481 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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 4.03.04 A. Timing C*See LDC subsection 4.03.04 A 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 1491 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier Count Land Development Code Administrative Procedures Manual Y p � Chapter 5 Subdivision Procedures C. Preliminary Subdivision Plat (PSP) 1. Preliminary Subdivision Plat - Standard Reference LDC subsection 10.02.04 A 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. q See LDCsubsection 3.08.00 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 1501 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A2 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 Plat 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 1511Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 1 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. 1521 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A2 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 10.02.04 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A 2 Chapter 5 Subdivision Procedures 2. Preliminary Subdivision Plat Amendment (PSPA) Reference LDC subsection 10.02.04 A.4 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 10.02.04 A.4. 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 10.02.04 A.4 and shall approve, approve with conditions, or deny the amendment to the preliminary subdivision plat. Updated 1541 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 10.02.04 B and 10.02.04 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. q 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 1.0 2013- 9- 10.docx 9AZ 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 10.02.04 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 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. 5. 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 1.0 2013- 9- 10.docx 9A2 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.Cgsee LDC subsection 3.08.00 A. 19. Traffic Impact Study. Cgsee 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 1.0 2013- 9- 10.docx 9 A2 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. gSee 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 Plans 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 1.0 2013- 9- 10.docx '9A2 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. <* 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. 5. 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: 1591 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter S 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 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code Chapter 5 / Subdivision Procedures Administrative Procedures Manual • 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 Final Subdivision professional surveyor and mapper registered in the State of Florida. Plats 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. 5. 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 1611Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures Aw 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 Y. 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 162 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 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 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 1 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. gSee LDCsection 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 1641 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 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 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)." Completeness and The Engineering Services Department will review the final subdivision plat 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 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. 1651 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx ' 9A2 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 +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. Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection 10.02.04 F. Gsee Chapter 5 G. of the Administrative Code Updated 1661 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 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 +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. Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection 10.02.04 F. Gsee Chapter 5 G. of the Administrative Code Updated 1661 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual '9A2 Chapter 5 Subdivision Procedures D.2. Final Subdivision Plat - For Townhouse Fee Simple Development Reference LDC subsections 10.02.04.6 and 10.02.04 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 10.02.04 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. 5. 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 1.0 2013- 9- 10.docx ' Collier County Land Development Code I Administrative Procedures Manual 9A2 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. Completeness and The Planning & Zoning Department will review the final subdivision plat application for 1681 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 10.02.04 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 1691Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx w. f 9 A 2 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 10.02.04 F WSee Chapter 5 G. of the Administrative Code. Updated 1701 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter / Subdivision Procedures E. Construction Plans (CNSTR) E.1. Construction Plans - Standard Reference LDC subsection 10.02.04 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. 5. 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 gSee 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 171 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx ' A2 9 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 10.02.04 E 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 Requirements following approval by the County After the final subdivision plat has been approved by the County Manager or designee for compliance the applicant shall submit the following: 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 1.0 2013- 9- 10.docx ' 9A2 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. Updated 1731 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures E.2. Insubstantial Change to Construction Plans (ICP) Reference LDC subsections 10.02.04 B.5 and 10.02.05 A.5 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 S. 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 '9A2 1741 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 10.02.04 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 1.0 2013- 9- 10.docx '9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures F. Minor Final Subdivision Plat (FP) Reference LDC subsection 10.02.04 D. 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 • Totalacreage. 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 <*See 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 1761 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx M1W Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures 36 -inch sheets, drawn to scale. Completeness and The Engineering Services 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 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. Digital Submittal After the minor 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 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 1771Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 1 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 1.0.02.04 F GSee Chapter 5 G. of the Administrative Code Updated 1781Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 Subdivision Procedures G. Plat Recording Reference LDC subsection 10.02.04 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 10.02.04 B.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 10.02.04 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. 1791Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx OW 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 10.02.04 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 1801 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. Updated 1811 Page 1: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code Administrative Procedures Manual Chapter 5 Subdivision Procedures H. Vacation of Subdivision Plats Reference 4*See F.S. § 177.101, as amended and LDC subsection 10.02.04 G. Updated 1821 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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. 1831 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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 1841 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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. 1851 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. 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 4.05.04 F.2. Updated 1861 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 ' 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 o 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 1871 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 A y 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. 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. 1881 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 Chapter 6 Waivers, Exemptions, and Reductions Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process 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. Updated 1891 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx ' 9A2 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 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Updated 1911 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 Waivers, Exemptions, and Reductions E. Alcohol Distance Waiver Reference LDC subsection 5.05.01 A.6, LDC section 8.10.00, and LDC Public Notice subsection 9A2 192 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 10.03.06 U. 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. 5. 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.- d. 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. 9A2 192 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 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 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 • 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 5.05.01 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 1.0 2013- 9- 10.docx ' 9A2 'Coflier`County Land Development Code I Administrative Procedures Manual Chapter 6 Waivers, Exemptions, and Reductions F. Alternative Architectural Design Reference LDC subsection 5.05.08 F. 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 F.4 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 C*See Chapter 4 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 5.05.08 from which the deviation is being requested. S. 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 5.05.08, 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 5.05.08. 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 5.05.08 F. Appeals Pursuant to LDC subsection 5.05.08 F, 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 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 Waivers, Exemptions, and Reductions Department. Updated 195 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2' 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 B, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 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. 5. 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. 1961 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. 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. c�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 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 1.0 2013- 9- 10.docx 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. 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. 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. c�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 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 1.0 2013- 9- 10.docx 9A2 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 8.10.00 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; 1981 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9A2 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. 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 1991 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx u Collier County Land Development Code I Administrative Procedures Manual 9 A 2 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. 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 9.03.02 D, to present to the Office of the Hearing Examiner for a decision. Updated 2O01 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 9 A 2 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. G 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 F.8. 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual 9 • ` 2 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 areas follows. <* 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. G See Chapter9 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 10.02.03 F, to present to the Office of the Hearing Examiner for a decision. 2021Page 1AAdmin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual I Chapter 6 Waivers, Exemptions, and Reductions 9A2 J. Post Take Plan Reference LDC subsection 9.03.07 D, LDC section 8.10.00, and LDC Public Notice subsection 10.03.06 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 9.03.07 and 9.03.07 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; 203 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County and Development Code Administrative Procedures Manual 9 A 2 tN p � 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. 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 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 2041 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code 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. PUBLICHEARING 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 2051 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 ' Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions K. Vested Rights Determination Reference q See LDC section 9.02.00. Updated 2061Page is \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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. 2071 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code Administrative Procedures Manual 9 A 2 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. 2081 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Pursuant to LDC subsection 3.08.00, 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 2081 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx '9A2 Collier County Land Development Code Administrative Procedures Manual Chapter 7 /Supplementary Submittal Requirements for Land Use Applications B. Traffic Impact Study (TIS) Reference LDC section 6.02.03 and Collier County Resolution 2006 -299 CgFor 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 GSee 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 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 7 15upplementary Submittal Requirements for Land Use Applications C. PUD Annual Monitoring Report 9A2 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 10.02.13 F.1.a for PUD tracts or parcels that are built out. q See LDC subsection 10.02.13 F.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 maybe 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 2101 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 7 /Supplementary Submittal Requirements for Land Use Applications D. Soil Erosion and Sediment Control Plan Reference LDC section 6.01.05 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: 2111 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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 1.0 2013- 9- 10.docx 2121 Page 1: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx IMS Chapter 8. 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 2131 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 8 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 2141 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 8 IPublic 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. Meeting 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. Updated 2151 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 1. 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 8 IPublic 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 Y, mile (2,640 feet) from the 2161 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 8 IPublic Notice — Generally, Contents, Categories of Notice, and Notice Recipients subject property. 4 All 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. 4Associations 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. Updated 2171 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual Chapter 8 IPublic 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 1.0 2013- 9- 10.docx '9A2 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 I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 219 1 Page X. 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 9 lOffice of the Hearing Examiner 2201 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 Change. 14. PUD Minor Change to Remove an Affordable Housing Contribution. 15. Sign Variance. 16. Site Plan with Deviations for Redevelopment Projects. 17. Variance. 2211 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 Collier County Land Development Code I Administrative Procedures Manual ' Chapter 9 1 Office of the Hearing Examiner 18. Zoning Verification Letter — PUD Comparable Use Determination. Hearing 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 Conference person. Motions for Unless good cause is shown, all motions for disqualification of the Hearing Disqualification 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. Notice Public notice is required for all Hearing Examiner hearings. Ga 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 Hearing — 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 Rules of Procedure 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 admissible over objections in a civil action. 2221 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 Collier County Land Development Code I Administrative Procedures Manual Chapter 9 Office of the Hearing Examiner 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. Public Hearing — 1. Hearings will be conducted in an informal but courteous and professional Order of manner. To the extent possible and at the Hearing Examiner's discretion, the Proceedings 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. Public Hearing — The Hearing Examiner shall not be limited to the evidence presented by Applicant Matters to be or County at the hearing. The Hearing Examiner may consider any additional considered by the relevant evidence including, but not limited to, any of the following: Hearing Examiner 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. 7. Availability and capacity of public services. 223 1 Page I:\Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 1Office of the Hearing Examiner 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. ' 9A2 Public Hearing — 1. The decision of the Hearing Examiner shall be in writing and include: Findings and Decision of the Summary of proposed development activity and the evidence 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. Public 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 Examiner 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 Filed 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. Notated on Zoning 2241 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 Office of the Hearing Examiner Map Public Hearing — 1. On motion by a party, the Hearing Examiner may grant a rehearing on an Reconsideration of application for the following reasons: matter by the Hearing 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 Continuance(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 Decision by the to the Board of County Commissioners. Any additional fee for a landowner - Hearing Examiner 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. Updated 9 A 2 2251 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9 A 2 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. can download forms at 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 Growth Management Division (GMD) Administrative Code are based on the LDC. m /index.aspx ?clientld =139 Fee Schedule (September 23, 2008) pay when filing an application under the 92 &stateld= 9 &stateNa me= Administrative Code. The fees offset the Florida cost of administering the LDC. The County (see discussion below) Zoning Map The Zoning Map shows the boundaries of Online at the County's zoning districts. http: / /www.colliergov.net/ ftp /GraphicApps /Maps /Col I ier_Cou nty_Base_map.ht m Code of Laws and Ordinances of The Code of Laws consolidates the County's Online at Collier County, Florida ( "Code of laws — its general and permanent http: / /Iibrary.municode.co Laws ") ordinances. Several provisions of the Code m /index.aspx ?clientld =105 of Laws are implemented by procedures in 78 &stateld= 9 &stateName= the Administrative Code. Florida Florida Statutes These include the state constitution and Online at state laws. The Administrative Code http: / /www.leg.state.fl.us/ includes various references to the state Statutes /index.cfm statutes. Planning & Zoning Department This includes background information, Online at website applications, contacts, and other http: / /www.colliergov.net/ information relating to land development in Index.aspx ?page =128. You Collier County. can download forms at http://www.colliergov.net/ index.aspx ?page =3384 Growth Management Division (GMD) These are the fees that an applicant must Online at Fee Schedule (September 23, 2008) pay when filing an application under the http: / /www.colliergov.net/ Administrative Code. The fees offset the index.aspx ?page =128 cost of administering the LDC. The County Applicants should check will not accept an application unless the the website before filing an required fee is paid. application, because the fees change from time to 2271 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx `.Collier County Land Development Code I Administrative Procedures Manual 9A2 thapter 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. 2281 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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. 2291 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 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 9 A 2 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 OfficeCommercial 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 1.0 2013- 9- 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 9A2 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) 2321Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 9A2 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 11. 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. q See LDC section 10.03.05 A. NIM q See LDCsection 10.03.05 C. Newspaper 2331Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx 'Collier County Land Development Code Administrative Procedures Manual Chapter 13 / Glossary 9 A 2 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 owr ership clearly demonstrating ownership and control of the subject lot or parcel of land. The application 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). 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 DRIB): • All on -site and off -site infrastructure identified as a commitments which have beer 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 1.0 2013- 9- 10.docx Chapter 14. Appendices Appendix A. The following is a flow chart indentifying the State, Regional and Local Review Procedure. Developirueut of Regiomil Impact (DRI) Procedure `F,S. section 380.05 Contact Regional Planning Council IRPty ation meeting with RPC File appiicationwith Department at Economic Opportunity (DEO), Planning and_ Zoning Department and the RPC 30 Days Maximum 116 Applicants ti DRl Public Hearing 30 Days Maximus 45 -day Appeal period begins once D.O. is I rendered to DEO. 235 1 Page I: \Admin Code 2012 \Current Work \Administrative Code Version 1.0 2013- 9- 10.docx co ler county Growth Management Division W '9A2 Caroline Cilek, Senior Planner, M.S., CFM Growth Management Division, Operations and Regulatory Management LDC Amendment Request ORIGIN: Board Directed AUTHOR: Growth Management Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: Administrative Code LDC amendments Contents Contents...................................................................................................... ..............................2 Chapter 1. General Provisions ................................................................... ..............................9 1.06.01: 1.06.01 Responsibility for Interpretations .................................................................. ..............................9 Chapter 2. Zoning Districts and Uses ....................................................... .............................13 2.03.01 Agricultural Districts ...................................................................................... .............................13 2.03.06 Planned Unit Development Districts ............................................................. .............................14 Chapter 3. Resource Protection ................................................................ .............................15 3.02.10 Standards for Subdivision Plats ..................................................................... .............................15 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation ..........................16 3.05.03 Procedures for a Vegetation Removal Permit .............................................. .............................17 3.05.07 Preservation Standards ................................................................................. .............................17 3.08.00 Environmental Data Requirements ............................................................... .............................18 Chapter 4. Site Design and Development Standards .............................. .............................25 4.03.01 Generally ....................................................................................................... .............................25 4.03.03 Subdivision Exemptions ................................................................................. .............................27 4.03.04 Lot Line Adjustments and Lot Split ................................................................ .............................31 4.05.04 Parking Space Requirements ......................................................................... .............................32 4.07.02 Design Requirements .................................................................................... .............................33 Chapter 5. Supplemental Standards ......................................................... .............................35 5.03.06 Dock Facilities ................................................................................................ .............................35 5.04.01 Temporary Use Permits ................................................................................. .............................36 5.04.05 Temporary Events ......................................................................................... .............................37 5.04.08 PResefveQ Film Permit .................................................................................. .............................37 5.05.01 Businesses Serving Alcoholic Beverages ....................................................... .............................39 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 9A2 5.05.05 Automobile Service Stations ......................................................................... .............................40 5.05.08 Architectural and Site Design Standards ....................................................... .............................42 5.06.02 Development Standards for Signs within Residential Districts ..................... .............................44 5.06.04 Development Standards for Signs in Nonresidential Districts ...................... .............................44 5.06.11 Permit Application and Review Process for Signs ......................................... .............................45 Chapter 6. Infrastructure Improvements and Adequate Public Facilities Requirements ... 49 6.01.02 Easements ..................................................................................................... .............................49 6.01.05 Soil Erosion and Sediment Control Plan ........................................................ .............................50 6.02.01 Generally ....................................................................................................... .............................51 6.02.03 Transportation Level of Service Requirements ............................................. .............................52 6.04.03 Fire Hydrants ................................................................................................. .............................53 6.05.01 Water Management Requirements .............................................................. .............................54 6.06.01 Street System Requirements ......................................................................... .............................57 6.06.02 Sidewalks, Bike Lane and Pathway Requirements ........................................ .............................58 Chapter 9. Variations from Code Requirements ...................................... .............................61 9.02.06 Required Notices for Vested Rights Determination Process, Including Public Hearings ........... 61 9.03.07 Nonconformities Created or Increased by Public Acquisition ...................... .............................62 ......65 Chapter 10. Application, Review, and Decision - Making Procedures ..... .............................67 10.01.02 Development Orders Required ................................................................... .............................67 10.02.02 Infrastructure Standards and County Inspections Submittal Requiremen`sc,,. All Applications .................................................................................................................................. ............................... 69 10.02.03 Submittal Requirements for Site Development, Site Improvement Plans and Amendments thereof........................................................................................................................ .............................84 10.02.04 Stea.' Requirements for Preliminary and Final Subdivision Plats ........ ............................105 10.02.05 Construction, approval, and acceptance of required improvements Submittal Requirements forImprovement Plan ............................................................... ............................... ............................131 10.02.06 Submittal Requirements for Permits ........................... ............................... ............................157 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy ........ ............................174 10.02.08 Submittal Requirements for Amendments to the Official Zoning Atlas aad 686 ..................193 10.02.09 Submittal Requirements for Text Amendments to the LDC ...................... ............................200 10.02.13 Planned Unit Development (PUD) Procedures ........... ............................... ............................201 10.02.15 Requirements for Mixed Use Projects °,•-^�edWFes within the Bayshore Gateway Triangle RedevelopmentArea .................................................................. ............................... ............................217 3 LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 10.03.05 Required Methods of Providing Public: Notice Preyryatien °"„ ....................... ............................... ............................221 10.03.06 Public Notice and Required Hearings for Land Use Petitions ................... ............................238 10.08.00 Conditional Uses Procedures ...................................... ............................... ............................244 Amend the LDC as follows: CHANGE: It is proposed the Land Development Code (LDC) be amended to remove many of the submittal requirements related to the use and development of land and move it to a new Administrative Code. The information to be relocated to the Administrative Code is more administrative in nature. The LDC amendment ordinance will also contain an "inadvertently omitted" clause to ensure that if any provisions are accidently omitted during this process they will remain in force. The goal of the 2013 Administrative Code adoption is to create a "core" Administrative Code, with future additions and amendments proposed as necessary. It is important to note that procedures specific to the Rural Fringe Mixed Use District, the Stewardship Sending Areas and Stewardship Receiving Areas, among others, are not included within the "core" Administrative Code. There are other applications related to land use, such as those contained in the Code of Laws and Ordinances, which are also not addressed in the initial version of Administrative Code Changes to the Land Development Code During the process of creating the Administrative Code, conflicts, inconsistencies, and other issues arose. This led to the relocation and consolidation of provisions. Other changes are recommended by County Staff to provide a more consistent approach to the numerous processes within the County. The following list provides an overview of the LDC amendment types: LDC amendments, proposed to improve consistency. Several LDC amendments were included within the document to provide procedural consistency. For example, the amendment establishes a "15 day prior" provision for all public notice requirements. This means that newspaper advertisements, mailed notices, signage, and neighborhood information meetings (and their corresponding mailed notices) shall be sent, advertised, or posted 15 days prior to the required public hearing. This streamlines the process and eliminates a wide variety of time frames currently in the LDC, such as "at least 7 days prior to, but not later than 5 days before," which is the current requirement for a legal advertisement for a neighborhood information meeting. 2. The relocation of LDC sections. LDC sections were relocated to address several issues. First, as submittal requirements were relocated to the Administrative Code, particularly those in Chapter 10, many sections were left with little content or substance. These provisions were relocated to the primary LDC section, where the criteria are established, for ease of use and consolidation of related provisions. Second, conflicts were identified 4 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx between some sections in which language was similar, but not identical. The most restrictive provisions were retained and language was merged. Third, a few sections were relocated because they were incorrectly placed, such as the rezoning provisions under LDC section 10.03.05, the Notice Requirements section. Often, provisions were moved to sections where they had previously resided. 3. General updates to terms. Updates to common terms and phrases were made throughout the amendment, for example, the phrase "County Manager or his designee" was replaced with "County Manager or designee" and the term "LDC" replaces the term "Code." The later is to prevent confusion with the new Administrative Code and other adopted county codes. 4. Rewritten LDC sections. Several LDC sections were rewritten due a lack of continuity and because they were out of date. Often the review, approval, and order of work were no longer current. Importantly, the revised sections retain the intent of the LDC and reflect current procedures and requirements. The following sections were rewritten: • 10.02.04 Requirements for Preliminary Final Subdivision Plats (revised title); • 10.02.05 Construction, approval, and acceptance of required improvements (revised title); • 10.02.07 C Requirements for Certificates of Public Facility Adequacy; and • 10.03.05 Required Methods of Providing Public Notice, which now includes 10.03.06 Public Notice and Required Hearings for Land Use Petitions (new section) 5. Proposed additions and other language changes. The following are proposed additions or deletions from the LDC amendment. • A new section for conditional use re- review, LDC section 10.08.00 G. This is an existing process that is not codified. The proposed language will allow for an applicant to request a re- review if stipulations were included in the approval of the conditional use. • New sections for a Minor Final Plan and Construction Plans, both current applications that are not codified. • Including a "good faith clause" for public notice, LDC section 10.03.05 B. This identifies that given a good faith effort, a mailed written notice is a courtesy and the failure to mail or to timely mail the notice or failure of an affected property owner to receive the mailed notice does not constitute a defect in the petition and the public hearing may proceed. This provision is included in other jurisdictions, such as Lee County. • Removed language requiring base flood elevations to be identified on final subdivision plats, LDC sections 3.02. 10 EA and 10.02.04 B.5.xiii. It is proposed these provisions are deleted because identifying base flood elevations is not a state requirement and because base flood elevations are subject to change. Including this information on final subdivision plats creates confusion and possible conflicts. • Included language that identifies time frames for the completion, for example: lot line adjustments, site development plan amendments, and site improvement plans. These additions provide clarity and removes potential conflicts. 5 hAdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9A2 AA 9A2 • A new section for Zoning Verification Letters, LDC section 10.02.06 J. This section proposes to expand a current process for zoning verification to include Zoning Verification Letters for Non - Residential Farm Building Exemptions and Comparable Use Determination for Planned Unit Developments. • Included the Office of the Hearing Examiner provisions. Public Vetting The proposed LDC amendment was vetted by the Development Services Advisory Committee - Land Development Review (DSAC -LDR) subcommittee. Four meetings were held to discuss and review the Administrative Code and related LDC amendments. The DSAC -LDR meetings began in January 2013 and extended into July 2013. The meetings were attended by members of the development community, including members of the Collier Building Industry Association, local land use planning consultants, and the Conservancy of Southwest Florida. The DSAC -LDR provided recommendations to the full DSAC in September. At the meeting, DSAC provided approval of the subcommittee's recommendations and granted a unanimous vote of approval of the Administrative Code and corresponding LDC amendments. The Administrative Code and corresponding LDC amendments were presented to the Collier County Planning Commission on July 18, 2013. At the meeting, a presentation was given on the goals of the Administrative Code, the types of LDC amendments proposed, and how to read and understand the materials. On August 15, 2013 the Planning Commission reviewed and discussed the proposed materials. The Planning Commission provided a 6 -0 vote, with 1 abstention, for all materials relating to the Office of the Hearing Examiner. For all other materials, a vote of 7 -0 was provided and found the Administrative Code and LDC amendments to be consistent with the Growth Management Plan. The Planning Commission provided minor comments, none of which altered the intent of the Administrative Code or the corresponding LDC amendments. REASON: The LDC amendment provides for the creation of the Administrative Code. The Administrative Code combines the procedures for developing property that are contained throughout the LDC into a single document. It is designed to be user friendly and to assist applicants, design professionals, and County Staff in understanding many of the complex permitting processes in Collier County. The Administrative Code will describe the application contents; staff review process, public notice procedures, and reviewing agencies for land use petitions and the approval process for administrative applications. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will not result in any fiscal impacts to the County. The amendment, coupled with the adoption of the Administrative Code, will not have any anticipated operation impacts on the County, expect for updates as required. Fiscal and operational benefits are foreseeable for property owners, applicants, design professionals, and County Staff as petitions will be easily identifiable and the Administrative Code will assist parties understand the complex development process. Additionally, future changes to land development procedures can be made in a simpler manner, without the need for a text amendment to the LDC. 6 I:Wdmin Code 2012 \Current WoWAdministrative Code LDC Amendment 091013 for BCC.docx RELATED CODES OR REGULATIONS: Collier County Administrative Code. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Growth Management Division, Operations and Regulatory Management. Prepared July 17, 2013. Edited September 11, 2013. 7 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx x 9AZ ��2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 9A2 Chapter 1. General Provisions 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. Request for Official lInterpretation. The County Manager or designee may render an Comment [elsl]: Relocated from 10.02.02 F. official interpretation of anyp art of the LDC. The building official may render an official Section was reorganized to separate out g p interpretation of any part of the Florida Building Code. building official and County Manager. 1. Generally. An official interpretation may be requested by any affected person, comment [c2]: The term al was added resident developer, land owner, government agency or department, or any throughout the section for clarity arity Comment [els3]: New language from COA person having a contractual interest in land in Collier County. _ _. 2. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an official interpretations. comment (el s4]: New language Replaces 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 by hiffl." 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. 9 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 4_ Notice. The interpretation shall be in writing and shall be sent to the applicant by 2 certified mail return receipt requested. Public notice procedures are identified in 3 LDC subsection 10.03.06 P. 4 Effective time limits of an interpretation. 5 a. An interpretation rendered by the County Manager or designee shall 6 remain in effect until the appropriate LDC section is amended to clarify 7 the applicable provision or provisions which warranted the interpretation 8 or until such time as the interpretation is adopted modified, or rejected as 9 a result of an appeal to the Board of Zoning Appeals and /or the Building 10 Board of Adiustments and Appeals, by the applicant or other individual or 11 entity identified in LDC section 1.06.01 D.1, above. From the time the 12 interpretation is rendered and the time the appropriate LDC section is 13 amended, or in the case of an appeal, until such time as the Board of 14 Zoning Appeals and /or Building Board of Adjustments and Appeals has 15 rendered its finding, no further request for interpretation regarding the 16 same issue shall be permitted. 17 b. An interpretation rendered by the building official shall remain in effect as 18 provided for in the Florida Building Code. 19 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and 20 Appeals. 21 a. Within 30 days after receipt by the applicant or affected property owner 22 of a written official interpretation sent by certified mail return receipt 23 requested by the County Manager or designee or building official, or 24 within 30 days of publication of public notice of the official interpretation, 25 the applicant, affected property owner, or aggrieved or adversely 26 affected party may appeal the interpretation to the Building Board of 27 Adjustments and Appeals for matters relating to building and technical 28 codes as shown in'iLDC section 1.07.00 br to the Board of Zoning 29 Appeals for all other matters in the LDC. For the purposes of this section. 30 an affected property owner is defined as an owner of property located 31 within 300 feet of the property lines of the land for which the official 32 interpretation is effective. An aggrieved or affected party is defined as any 33 person or group of persons which will suffer an adverse effect to an 34 interest orotected or furthered by the Collier County Growth Management 35 Plan, LDC, or building code(s). The alleged adverse interest may be 36 shared in common with other members of the community at large but 37 shall exceed in degree the general interest in community good shared by 38 all persons. 39 b. A fee for the application and processing of an appeal shall be established 40 at a rate set by the Board of County Commissioners from time to time and 41 shall be charged to and paid by the applicant. 42 C. The Board of Zoning Appeals or the Building Board of Adjustments and 43 Appeals, whichever is applicable, shall hold an advertised public hearing 44 on the appeal and shall consider the interpretation of the County Manager 45 or designee or building official, whichever is applicable, and public 46 testimony in light of the growth management plan, the future land use 47 map, the LDC or the official zoning atlas, or building code related 48 matters, whichever is applicable. The Board of Zoning Appeals or the 49 Building Board of Adjustments and Appeals, whichever is applicable. shall 50 adopt the County Manager or designee's or building official's 51 interpretation, whichever is applicable, with or without modifications or 10 IAAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A2 f COmme [els5]: New language d omment [C6]: Reorganized to separate uilding offcial and County Manager or esignee _ _ - Comment [C7]: New language Comment [els8]: Originally referred to Division 1.18 from the 91 -01 LDC, which was the Laws Incorporated By Reference section 1 Text underlined is new text to be added. Ad to the Administrative Code.. revised Bold text indicates a defined term 1 conditions, or reject their interpretation. The Board of Zoning Appeals or 2 the Building Board of Adjustments and Appeals, whichever is applicable, 3 shall not be authorized to modify or reject the County Manager or 4 designee's or building official's interpretation unless such board finds 5 that the determination is not supported by substantial competent evidence 6 or that the official interpretation is contrary to the Growth Management 7 Plan, the future land use map, the LDC or the official zoning atlas, or 8 building code, whichever is applicable. 9 d. Time limitations on appeals. Any appeal that has not been acted upon by 10 the applicant within 6 months of the applicant filing the appeal will be 11 determined to be withdrawn and cancelled unless extended by the BCC. 12 Further review and action on the appeal will require a new application 13 subject to the then current LDC. 14 # # # # # # # # # # # # # 15 11 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 C Text underlined is new text to be added, Text skikethFgUgh *6 GIIII a na r__ _ a and intent _ V V Bold text indicates a defined term 12 I:\Admin Code 2012 \Current WorMAdministrative Code LDC Amendment 091013 for BCC.docx 1 Chapter 2. Zoning Districts and Uses 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Text underlined is new text to be added. Text st-FikethFOUgh is Gwent te)d °.___.__ Bold text indicates a defined term Administrative Code/, LDC Amendment Overview Admin Code Ch. 3 C. Conditional Uses Section and Title: LDC Notice N/A Section LDC Changes: 2.03.01: • Added language to reference Admin. Code and conditional use section Revised: 6/5/13 CC 2.03.01 Agricultural Districts A. Rural Agricultural District (A). 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 Ghapte 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. # # # # # # # # # # # # # 13 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 �a Text underlined is new text to be added. and intent n the V V VV V V V V r a Bold a text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Section and Title: Ch. 3 G. Planned Unit Development LDC Notice Section N/A LDC Section: 2.03.06: • Added language to reference Admin. Code and the (newly relocated ) rezone section Revised: 6/5/13 CC 1 2.03.06 Planned Unit Development Districts 2 3 C. PUD districts shall hereafter be established by amendment of the official zoning atlas 4 according to the procedures established in Chapter 10 LDC section 10.02.08 and the 5 Administrative Code. The purpose and intent of establishing and identifying the following 6 classifications is to identify a relationship between a proposed PUD and the other zoning 7 districts within this LDC. The goal is to relate the purpose and intent of the PUD zoning 8 district and the uses permitted within a PUD to defined zoning districts within this LDC 9 and to establish appropriate uses and performance standards within this PUD, which are 10 similar to those allowed by the most similar district(s). PUDs shall hereafter be defined 11 by the following districts and shall be referenced as such within the PUD document as 12 follows: 13 # # # # # # # # # # # # # 14 15 14 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Text underlined is new text to be added. and intent F Bold text indicates a defined term Chapter 3. Resource Protection Administrative, Code/ LDC Amendment Overview Admin Code Ch. 4 EA Vegetation Removal Permit Section and Title: LDC Notice N/A Section: LDC Sections: Relocated language from LDC section 10.02.06 C Vegetation Permit Requirements to 3.05.02 F. due to a conflict. Similar language existed in 3.05.02 and 10.02.06 regarding the exceptions to a vegetation removal permit. The relocation and removal of the language in 10.02.06 removes the conflict. • The language in 3.05.02 F.1 was reorganized for clarity. 3.05.03: • Relocated language from 10.02.06 C.3 Review Procedures to 3.05.03 which provides the procedures for a vegetation removal permit. 3.05.07: • Duplicating language from the (newly relocated) 3.08.00 Environmental Data for consistency, as noted below. Revised: Updated 4/26/13, 6/5/13 CC 3 3.02.10 Standards for Subdivision Plats 4 A. All subdivision plats shall be consistent with the need to minimize flood damage. 5 B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, 6 electrical, and water systems, located and constructed to minimize flood damage. 7 C. All subdivision plats shall have adequate drainage provided to reduce exposure to 8 flood hazards. 9 D. Base flood elevation data shall be shown on the Master Subdivision Plan. 10 E. All final plats presented for approval shall clearly indicate the finished elevation of the 11 roads; and the average finished elevation of the lots or homesite_, and the m;^;m.,m 12 base flood elevatien as FequiFed iR this SeGti . All grades must be shown in both 13 NAVD and NGVD. The information may be shown referenced to one datum with a note 14 on the cover sheet listing a site - specific equation for determining the grades in the other 15 datum. 16 # # # # # # # # # # # # # 17 15 I:Wdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '9A2 Text underlined is new text to be added. Bold text indicates a defined term 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation F. The following exceptions shall apply when there are no bald eagle nests:) _ - comment [c9]: Relocated from LDC section 1 G..Gept fC, lGtS ndeyeloped , tal ba islands, r• �� A vegetation removal 10.02.06 Vegetation Permit Requirements due permit for clearing 1 acre or less of land is shall not be required for the removal of to conflict with two sections that were similar but not identical. 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. beeR r This exemption shall not apply to lots on undeveloped coastal barrier islands or to the Rural Fringe Mixed Use District when a higher native vegetation protection requirement may not allow for 1 full acre of clearing 4a. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 2b. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre- an , _ " comment [c101: New 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. heYe greater vegetate peteetian as Feed in the Rural F ' ge Mi,� G. A vegetation removal permit is not required for the following situations: - Comment [clll, Moved above to F.1 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 Localjdevelopment order. _ comment [c121: New language 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 IaPA surveyor and mapper in the performance of his /her surveying uties, provided such removal is for individual trees within a swath that _ _ , comment [C13]: New language 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 pruning shall be in accordance with subsection 4.06.05 4K.1 of the LDC6ede_ All " comment [c14]: 4.06.05 J refers to slopes. - needed environmental permits must be obtained from the appropriate agencies 4.06.05 K refers to trimming. and management plans must comply with agency regulations and guidelines. 16 l:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 9 A 2 Text underlined is new text to be added. ..d intent tie na.., .. ,, r,.de O Bold text indicates a defined term 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 kK.1 of the _ _ - Comment [C151: see above LDCCede. 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. # # # # # # # # # # # # # $.05.03 ProceduresLfor a Vegetation Removal Permit _ - Comment [C1e1: Language relocated from . - 10.02.06 C. nnliGatien and r nor u' es submittals, set feFth in GhapteF 40 ' -- — A. The Administrative Code shall establish the process and application submittal requirements to obtain a vegetation removal permit. B. Issuance of permit. An approved vegetation removal permit is valid for a period not to exceed 180 days. 1. Approval. The County Manager or designee may approve, approve with conditions, or deny the vegetation removal permit. Any conditions applied to the permit shall relate to the methods of designating and protecting vegetation not Proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. 2. Extension of permit. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the 3. lPermit fees.-All vegetation removal permit implications shall be charged a review _ _ - commenc [c1�1: Deleted the following: fee as established by resolution of the Board of County Commissioners. applications r 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 - comment [c18]: Added from section adherence to the vegetation retention requirements of LDC section 3.05.07 C 10.02.02 A Environmental Data Requirements - - for consistency. above and the following standards: # # # # # # # # # # # # # Comment [C191: New language 17 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Ch.7 A Environmental Data Reqs. for PUD Zoning and Conditional Uses Section and Title: A. Environmental Data Requirements. LDC Notice N/A Section: _ - LDC Changes: 3.08.00 required to review a proposed project to ensure it meets the land development • Relocating language from LDC section 10.02.02 A (10.02.02 will °f be relocated /deleted in entirety) to new LDC section 3.08.00 to standards contained within the LDC. consolidate the environmental requirements in LDC Ch. 3. Revised: 6/5/13 CC 9A2 4 �.08.00 Environmental Data Requirements _ _ - _ comment [c2o]: Relocated from 10.02.02 5 A. Environmental Data Requirements. 6 1 Purpose The purpose of this section is to identify the environmental (data that IS _ _ - Comment [C21]: Previously "types and format 7 required to review a proposed project to ensure it meets the land development °f 8 standards contained within the LDC. 9 2. Preparation of Environmental Data. Environmental Data Submittal Requirements 10 shall be prepared by an individual with academic credentials and experience in 11 the area of environmental sciences or natural resource management. Academic 12 credentials and experience shall be a bachelor's or higher degree in one of the 13 biological sciences with at least two years of ecological or biological professional 14 experience in the State of Florida. 4 15 Procedure. Submittal requirements for all land use applications are identified in 16 this section. The Administrative Code shall establish the process and additional 17 submittal reauirements for Environmental Data Requirements for PUD Zoning 18 and Conditional Uses. _ - Comment [C22]: New language 19 _ _ 4. Environmental Data. The following information shall be submitted where 20 applicable, to evaluate projects. 21 a. Wetlands. 22 i. Identify on a current aerial, the location and acreage of all Collier 23 County / SFWMD jurisdictional wetlands according to the Florida 24 Land Use Cover and Forms Classification System FLUCFCS 25 and include this information on the site development plan WML _ - Comment [C23]: New language 26 or nstruction plan and final subdivision plat (PPL)I Wetlands �omment [C24]: Put SDP in parentheses 27 must be verified by the South Florida Water Management District 28 SFWMD or Florida Department of Environmental Protection comment [c25]: New language, PPL updates term from "final plat construction plans" 29 (DEP) prior to SDP or PPL approval. For sites in the RFMU 30 district, provide an assessment in accordance with LDC section Comment [C26]: updated term throughout 31 3.05.07 F and identify on the FLUCFCS malp the location of all the section 32 high quality wetlands aving functionality scores of at least 0.65 33 WRAP or 0.7 UMAMI and their location within the proposed - Comment [C27]: Change from "high quality 34 development plan. Sites with high quality wetlands must have wetlands (wetlands having functionally score of 35 their functionality scores verified by the SFWMD or DEP prior to at least 0.65 WRAP or.7 UMAM; 36 the first development order approval. Where functionality scores 37 have not been verified by either the SFWMD or DEP, scores must 38 be reviewed and accepted by County staff, consistent with State 39 regulation. 18 I:\Hdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 ,} Text underlined is new text to be added. Text OF kethFough is n and i •�,e ..........• ., r..ae A FiRViRed Bold text indicates a defined term 1 ii. SDP or PPL with impacts to 5 or more acres of wetlands shall 2 provide an analysis of potential water quality impacts of the project 3 by evaluating water quality loadings expected from the project 4 (post development conditions considering the proposed land 5 uses and stormwater management controls) compared with water 6 quality loadings of the project area as it exists in its pre - 7 development conditions. The analysis shall be performed using 8 methodologies approved by Federal and State water quality 9 agencies and must demonstrate no increase in nutrients (nitrogen 10 and phosphorous) loadings in the post development scenario. 11 iii. Where treated stormwater is allowed to be directed into preserves, 12 show how the criteria in LDC section 3.05.07 H have been met. 13 iv. Where native vegetation is retained on site, provide a 14 topographic map to a half foot and, where possible, provide 15 16 17 Comment [C28]: Updated term throughout section 18 i. Provide a wildlife survey for the nests of bald eagle and for listed 19 species known to inhabit biological communities similar to those 20 existing on site. The survey shall be conducted in accordance with 21 the guidelines or recommendations of the Florida Fish and Wildlife 22 Conservation Commission ( FFWCC) and the U.S. Fish and 23 Wildlife Service (USFWS). Survey times may be reduced or 24 waived where an initial habitat assessment by the environmental 25 consultant indicates that the likelihood of listed species 26 occurrence is low, as determined by the FFWCC and USFWS. 27 Where an initial habitat assessment by the environmental 28 consultant indicates that the likelihood of listed species 29 occurrence is low, the survey time may be reduced or waived by 30 the County Manager or designee, when the project is not reviewed 31 or technical assistance not provided by the FFWCC and USFWS. 32 Additional survey time may be required if listed species are 33 discovered. 34 ii. Provide a survey for listed plants identified in LDC section 3.04.03. 35 iii. Wildlife habitat management and monitoring plans in accordance 36 with LDC section 3.04.00 shall be required where listed species 37 are utilizing the site or where wildlife habitat management and 38 monitoring plans are required by the FFWCC or USFWS. These 39 plans shall describe how the project directs incompatible land 40 uses away from listed species and their habitats. Identify the 41 location of listed species nests, burrows, dens, foraging areas. 42 and the location of any bald eagle nests or nest protection zones 43 on the native vegetation aerial with FLUCFCS overlay for the 44 site. Wildlife habitat management plans shall be included on the 45 SDP or PPL. Bald eagle management plans are required for sites 46 containing bald eagle nests or nest protection zones, copies of 47 which shall be included on the SDP or PPL. 48 C. Native vegetation preservation. 49 i. For sites or portions of sites cleared of native vegetation or in 50 agricultural operation, provide documentation that the parcel(s) 51 were issued a permit to be cleared and are in compliance with the 19 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. de OF Fevqsed Bold text indicates a defined term 9A2 1 25 year rezone limitation pursuant to LDC section 10.02.06. For 2 sites permitted to be cleared prior to July 2003. provide 3 documentation that the parcel(s) are in compliance with the 10 4 year rezone limitation previously identified in the GMP Criteria 5 defining native vegetation and determinin the legality, rocess 6 and criteria for clearing are found in (LDC Chapter 3 and LDC-- _ _ - Comment [C29]: Revising cross references 7 section 10.02.06. Previously "LDC sections 3.05.05, 3.05.07, and 8 ii. Identify on a current aerial the acreage location and Community 10.02.06." is changing to "Chapter 3" 080613 9 types of all upland and wetland habitats on the project site 10 according to the Florida Land Use Cover and Forms Classification 11 System ( FLUCFCS), and provide a legend for each of the 12 FLUCFCS Codes identified. Aerials and overlay information must 13 be legible at the scale provided. Provide calculations for the 14 acreage of native vegetation required to be retained on -site. 15 Include the above referenced calculations and aerials on the SDP 16 or PPL. In a separate report, demonstrate how the preserve 17 selection criteria pursuant to LDC section 3.05.07 have been met. 18 Where applicable, include in this report an aerial showing the 19 project boundaries along with any undeveloped land. preserves 20 natural flowways or other natural land features, located on 21 abutting properties. 22 iii. Include on a separate site plan, the project boundary and the land 23 use designations and overlays for the RLSA. RFMU. ST and 24 ACSC -ST districts. Include this information on the SDP or PPL. 25 iv. Where off -site preservation of native vegetation is proposed in 26 lieu of on -site, demonstrate that the criteria in LDC section 3.05.07 27 have been met and provide a note on the SDP or PPL indicating 28 the type of donation (monetary payment or land donation) 29 identified to satisfy the requirement. Include on the SDP or PPL a 30 location map(s) and property identification number(s) of the off - 31 site_parcel(s) if off -site donation of land is to occur. 32 d. General environmental requirements. 33 i. Provide the results of any Environmental Assessments and /or 34 Audits of the property, along with a narrative of the measures 35 needed to remediate if required by DEP. 36 ii. Soil and /or ground water sampling shall be required at the time of 37 first development order submittal for sites that occupy farm fields 38 (crop fields, cattle dipping ponds, chemical mixing areas) golf 39 courses, landfill or junkyards or for sites where hazardous 40 products exceeding 250 gallons of liquid or 1.000 pounds of 41 solids were stored or processed or where hazardous wastes in 42 excess of 220 pounds per month or 110 gallons at any point in 43 time were generated or stored. The amount of sampling and 44 testing shall be determined by a registered professional with 45 experience in the field of Environmental Site Assessment and 46 shall at a minimum test for organochlorine pesticides (U.S. 47 Environmental Protection Agency (EPA) 8081) and Resource 48 Conservation and Recovery Act (RCRA) 8 metals using Florida 49 Department of Environmental Protection (DEP) soil sampling 50 Standard Operating Procedure (SOP) FS 3000, in areas 51 suspected of being used for mixing and at discharge point of water 20 LkAdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text 6tFikethiough is GuFFent text to be deleted "m I DG and intent relonated to the Administrative Gode OF Fev6sed Bold text indicates a defined term 1 management system. Sampling should occur randomly if no 2 points of contamination are obvious. Include a background soil 3 analysis from an undeveloped location hydraulically upgradient of 4 the potentially contaminated site. Soil sampling should occur just 5 below the root zone, about 6 to 12 inches below ground surface or 6 as otherwise agreed upon with the registered professional with 7 experience in the field of Environmental Site Assessment. Include 8 in or with the Environmental Site Assessment, the acceptable 9 State and Federal pollutant levels for the types of contamination 10 found on site and indicate in the Assessment, when the 11 contaminants are over these levels. If this analysis has been done 12 as part of an Environmental Audit then the report shall be 13 submitted. The County shall coordinate with the DEP where 14 contamination exceeding applicable DEP standards is identified 15 on site or where an Environmental Audit or Environmental 16 Assessment has been submitted. 17 iii. Shoreline development must provide an analysis demonstrating 18 that the promect will remain fully functional for its intended use after 19 a six -inch rise in sea level. 20 iv. Provide justification for deviations from environmental LDC 21 provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 22 V. Where applicable, provide evidence of the issuance of all 23 applicable federal and /or state oil and gas permits for proposed oil 24 and gas activities in Collier County. Include all state permits that 25 comply with the requirements of Chapter 62C -25 through 62C -30, 26 F.A.C. as those rules existed on January 13, 2005. 27 e. Other LDC requirements. 28 i. Identify any Wellfield Risk Management Special Treatment 29 Overlay Zones (WRM -ST) within the project area and provide an 30 analysis for how the project design avoids the most intensive land 31 uses within the most sensitive WRM -STs and will comply with the 32 WRM -ST pursuant to LDC section 3.06.00. Include the location of 33 the Wellfield Risk Management Special Treatment Overlay Zones 34 on the SDP or PPL. For land use applications such as standard 35 and PUD rezones and CUs, provide a separate site plan or zoning 36 map with the project boundary and Wellfield Risk Management 37 Special Treatment Overlay Zones identified. 38 ii. Demonstrate that the design of the proposed stormwater 39 management system and analysis of water quality and quantity 40 impacts fully incorporate the requirements of the Watershed 41 Management regulations of LDC section 3.07.00. 42 iii. For sites located in the Big Cypress Area of Critical State 43 Concern - Special Treatment overlay district (ACSC -ST), show how 44 the project is consistent with the development standards and 45 regulations in LDC section 4.02.14. 46 iv. For multi -slip dock facilities with ten slips or more, and for all 47 marina facilities, show how the project is consistent with LDC 48 section 5.05.02. Refer to the Manatee Protection Plan for site 49 specific requirements of the Manatee Protection Plan not included 50 in LDC section 5.05.02. 51 V. For development orders within RFMU sendinq lands, show how 21 hAdmin Code 2012 \Current WorhAdministrative Code LDC Amendment 091013 for BCC.docx M � F- Text underlined is new text to be added. Fe'OGRtPd V Bold text indicates a defined term 1 the project is consistent with each of the applicable Obiectives and 2 Policies of the Conservation and Coastal Management Element of 3 the GMP. 4 f Additional data. The County Manager or designee may require additional 5 data or information necessary to evaluate the project's compliance with 6 the LDC and GMP requirements. 7 5. Exemptions. 8 a The Environmental Data Submittal Requirements exemption shall not 9 apply to any parcel with a ST or ACSC -ST overlay, unless otherwise 10 exempted by LDC section 4.02.14 I. 11 b. Single- family detached and two - family housing structure(s) on a lot(s) of 12 record except as otherwise provided at LDC section 4.02.04 (cluster 13 development), and townhouses developed on fee simple lots under 14 individual ownership provided that a fee simple townhouse plat is 15 approved in accordance with the provisions of LDC section 10.02.04.B. 16 These exemptions shall not apply to the following. 17 i. Wetland delineations and permitting, 18 ii. Retention of native vegetation in accordance with LDC section 19 3.05.07 C. 20 iii. Listed species protection in accordance with LDC section 3.04.01 21 C. Agricultural uses. Agricultural uses that fall within the scope of sections 22 163.3214(4) or 823.14(6) Florida Statutes, provided that the subject 23 property will not be converted to a nonagricultural use or considered for 24 any type of rezoning petition for a period of 25 years after the agricultural 25 uses commence and provided that the subject property does not fall 26 within an ACSC or ST zoning overlay. 27 d. All NBMO Receiving Lands in accordance with 2 03 08 A.2. 28 e A conventional rezone with no site plan or proposed development plan 29 This exemption does not apply to lands that include any of the following 30 zoning, overlays or critical habitats: Conservation (CON) Special 31 Treatment (ST), Area of Critical State Concern (ACSC) Natural Resource 32 Protection Areas (NRPA's) Rural Fringe Mixed Use (RFMU) Sending 33 Lands, Xeric Scrub. Dune and Strand. Hardwood Hammocks, or any land 34 occupied by listed species or defined by an appropriate State or Federal 35 agency to be critical foraging habitat for listed species 36 f. In those areas of Collier County where oil extraction and related 37 processing is an allowable use, such use is subiect to applicable state 38 and federal oil and gas permits and Collier County non - environmental site 39 development plan review procedures. Directional - drilling and /or 40 previously cleared or disturbed areas shall be utilized in order to minimize 41 impacts to native habitats, where determined to be practicable This 42 requirement shall be deemed satisfied upon issuance of a state permit in 43 compliance with the criteria established in Chapter 62C -25 through 62C- 44 30, F.A.C., as those rules existed on January 13 2005 regardless of 45 whether the activity occurs within the Big Cypress Watershed as defined 46 in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental 47 permitting requirements shall be considered satisfied by evidence of the 48 issuance of all applicable federal and /or state oil and gas permits for 49 proposed oil and gas activities in Collier County, so long as the state 50 permits comply with the requirements of Chapter 62C -25 through 62C -30 51 F.A.C. For those areas of Collier County outside the boundary of the Big 22 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ' 9A2 Text underlined is new text to be added. Text .k eth Fe eeti is .e he aelpt,- . _. - PC- and i nt V VyV a to AaMin a Cede e_ a Boldtext indicates a defined term 1 Cypress Watershed the applicant shall be responsible for convening the 2 Big Cypress Swamp Advisory Committee as set forth in Section 377.42, 3 F S. to assure compliance with Chapter 62C -25 through 62C -30. F.A.C. 4 even if outside the defined Big Cypress Watershed. All access roads to 5 oil and gas uses shall be constructed and protected from unauthorized 6 uses according to the standards established in Rule 62C- 30.005(2)(a)(1) 7 through (12), F.A.C. 8 # # # # # # # # # # # # # 23 I:Wdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx pk K2 (QA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Text underlined is new text to be added. Gnde OF revised ^ Bold text indicates a defined term Chapter 4. Site Design and Development Standards Administrative Code/ LDC Amendment Overview Admin Code Section Chapter 5 - Subdivision Procedures and Title: LDC Notice Section: N/A LDC Changes: 4.04.03: • Relocating language from LDC section 10.02.02 B (10.02.02 will be relocated /deleted in entirety) to LDC section 4.03.03. Subdivision exemptions were located in two LDC sections, 10.02.02 B and 4.03.03. Consolidation of all subdivision exemptions will remove conflicts and confusion. • Language in 10.02.02 B and which was absent from 4.03.03 was relocated to 4.03.03 to ensure no language was inadvertently omitted. Revised: 6/5/13 CC 4.03.01 Generally A. The purpose of this section is to establish procedures and standards for the development and subdivision of real estate within the unincorporated areas of Collier County, Florida. Furthermore, the purpose of this section is to carry out the goals, policies and objectives of the Collier County GMP. These procedures and standards are provided in an effort to, among other things: A. —1. Ensure proper legal description, identification, documentation and recording of real estate boundaries; B. Aid in the coordination of land development in Collier County in accordance with orderly physical patterns to encourage state of the art and innovative design; C3. Discourage haphazard, premature, uneconomic or scattered land development, E1. n. Ensure an economically stable and healthy community; E. Ensure adequate public facilities and utilities; F. 6. Maintain the community's quality of life by properly preserving and conserving natural resource features; C7. 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, 9. Ensure that the citizens and taxpayers of Collier County will not have to bear the costs resulting from haphazard subdivision of land; j. 10. Provide the county with the authority to require installation by the developer of adequate and necessary physical improvements so that the taxpayers and citizens of Collier County will not have to bear the costs for the same; K. 11. Ensure to the purchasers of subdivided land that necessary improvements of lasting quality have been installed; comply with Chapter 177, F.S. as amended. B1.1 The desi n of the re uired improvements for all subdivisions and developments pursuant to LDC ection 10.02.03 hall he in accordance with generally accepted 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 adeguacy of kheir 25 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Comment [els30]: Relocated from Code of Laws and Ordinances (COL) Ch 2, article 1, division 2 (old Admin Code), design requirements. Comment [C31]: No change from COL reference to section 10.02.03 Comment [C32]: "Shall' replacing "may" throughout section 1 2 3 4 5 6 7 8 9 10 11 12 13 Text underlined is new text to be added. PlAnAtArl t de OF revised Bold text indicates a defined term design or freedom to use their engineering judgment and discretion in the practice of their profession. G.I 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 drainaqe calculations subsurface soil data, alternate pavement and sub -grade types and centerline elevations when the minimum standards of Florida Department of Transportation or the American Association of State Highway and Transportation Officials are inadequate inappropriate or not applicable. # # # # # # # # # # # # # 26 I:Wdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx '9A2 Comment [els34]: Relocated from COL Ch 2,1 article 1, division 2 (old Admin Code) design J requirements Text underlined is new text to be added. Text sti: kethmugh is A, irFaRl IAA to he deleted fFPFR I DG Bold text indicates a defined term 2 4.03.03 Subdivision Exemptions 3 9A2 4 Before any property or development proposed to be exempted from the terms of this section 5 may be considered for exemption, a written request for exemption shall be submitted to the 7 Manager designee. termination of completeness, the County Manager or County 9 ' eem shh all rove approve with conditions, or deny the request for exemption based on des ignee s _ - comment [c35]: Replaced disapprove" with 8 the terms the applicable exemptions, Proced_ures for application, review, and decision 'deny" 9 regarding exemptions from these subdivision requirements are set forth in the Administrative - comment [C36]: Language added from 10 Code Ghapter -a . To the extent approved, the following may be exempted from these 10.02.02 B. Language is from similar umbrella 11 subdivision requirements. paragraph 12 A. Active agricultural uses. Agriculturally related development as identified in the permitted 13 and accessory uses allowed In the rural agricultural district/Nand located within any 14 area designated as agricultural on the future land use map of the Collier County GMP 15 and the Collier County official zoning atlas, except single - family dwellings and farm 16 labor housing subject to LDC section 5.05.03 and 2.03.00 shall be exempt from the_ 17 requirements and procedures for preliminary subdivision plats and' aeverneats 18 construction plans; provided, however, nothing contained herein shall exempt such 19 active agricultural uses from the requirements and procedures for final subdivision 20 plats, and where required subdivision improvements are contemplated, the posting of 21 subdivision performance security. 22 ID D, 23 b. 24 o =a^ 25 B €. Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the 26 requirements and procedures for preliminary subdivision plats and improvement plans; 27 provided, however, nothing contained herein shall exempt such division of land into 28 cemetery lots or parcels from the requirements and procedures for final subdivision 29 plats and, where required subdivision improvements are contemplated, the posting of 30 subdivision performance security; and provided, further, that such division of land into 31 cemetery lots or parcels shall be subject to and comply with the requirements and 32 procedures for site development plans as set forth in the Administrative Code and 33 ender Chapter 10, and shall obtain site development plan approval for the entire 34 property proposed for such division of land into cemetery lots or parcels. 35 C. Eminent domain or operation of law. The division of land which could be created by any 36 court in this state pursuant to the law of eminent domain, or by operation of law, or by 37 order of any court, shall be exempt from this section; if and only if the County Manager 38 or designee and the County Attorney are given timely written notice of any such pending 39 action and given the opportunity to signify that the county be joined as a party in interest 40 in such proceeding for the purpose of raising the issue of whether or not such action 41 would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the 42 subdivision regulations, prior to the entry of any court order; and, if and only if an 43 appropriate pleading is not filed on behalf of the County within 20 days after receipt of 44 such notice. However, if a pleading is filed on behalf of the county within 20 days after 45 receipt of such notice, such division of land created by the court shall not be exempt 46 from this section. 47 DG. Oil, gas, and mineral rights. The division of land which creates an interest or interests in 48 oil, gas, or minerals which are now or hereafter severed from the surface ownership of 49 real property shall be exempt from this section. 50 E41. Prior subdivision. All division of land occurring prior to the effective date of this LDC 51 and conforming to the purposes of this section, shall be exempt from this section; 27 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C37]: 10.02.02. B also identifies 2.03.00 which is the Ag zoning district information 080613 - Comment [C38]: Removing B, C, and D and renumbering the remaining sections 080613 Text underlined is new text to be added. And i Bold text indicates a defined term 1 provided, however, that any property so divided which is resubdivided or further divided 2 on or after January 10, 1989, shall not be exempt from this section. For 3 agricultural /residential subdivisions within the rural area of Collier County as defined 4 herein, refer to LDC section 4.03.04; Also see "lot of record" in Chapter 1. 5 R The division of property, occurring prior to July 15, 1998, meeting the definition of rural 6 subdivision shall not require the subdivider to record a final plat nor comply with the 7 subdivision regulations provided in LDC section 4.03.00. Nor shall the division of 8 property occurring after July 15, 1998, in the rural area require the property owner to 9 record a final plat nor comply with the subdivision regulations provided in LDC section 10 4.03.00, if the property so divided has been the subject of a rezoning hearing by the 11 BCC within the 24 month period preceding July 15, 1998. The subdivision of properties 12 occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary 13 subdivision plat (PSP). However, the applicability of all required subdivision 14 improvements and standards as set forth in section LDC 4.03.00, required 15 improvements, of this LDC shall be determined by the County Manager or designee on a 16 case by case basis. The applicant, through the preliminary subdivision plat (PSP) 17 process may request waivers from certain "required improvements ". The subdivider and 18 purchaser of property meeting definition (a) of rural subdivision shall comply with 19 section 4.03.03 of this LDC. The division of property not meeting the definition of rural 20 subdivision is required to comply with all requirements of section 4.03.00. 21 GJ Rural area subdivision requirements. 22 1. Deeds and other conveyances. All deeds and other conveyances for properties 23 shall include in ten -point type the following statement: "NO GOVERNMENTAL 24 AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE 25 FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE 26 DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS -OF -WAY PROVIDING 27 INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." 28 2. Building permits for rural subdivisions. Building permits will not be issued until 29 the final subdivision plat is recorded. 30 3. Access agreement The owner of property applying for a building permit shall 31 execute a release and waiver agreement which shall be executed and recorded 32 at the applicant's expense in the official records of Collier County . The release 33 and waiver agreement shall be in a form approved by the county attorney or 34 designee and shall include at a minimum the following provisions and a copy of 35 the recorded agreement submitted with the property owner's building permit 36 application: 37 a Identification of the property by legal description and tax parcel folio 38 number: 39 b. Description of the means of access to the subject property and the 40 physical condition of that access: 41 C. A statement recognizing that the access rights are personal rights 42 between the grantor and grantee and the county's approval of the use of 43 the accessway in no way implies that the use is permitted 44 d. A statement confirming that the maintenance and upkeep of such means 45 of access shall be the perpetual responsibility of the individual(s) or other 46 entity holding rights to such means of access: 47 e. A statement confirming that any development order issued by Collier 48 County proposing utilization of such means of access shall contain a 49 specific disclaimer from Collier County relating to the county's obligation 50 for the present or future maintenance or upkeep of such means of 51 access: 28 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [els39]: Relocated from 10.02.02 B �10 Text underlined is new text to be added. Bold text indicates a defined term 1 f. A statement of release holding Collier County harmless in perpetuity for 2 maintenance of such means of access: 3 Q. Description of the extent and specifications for improvements to the 4 means of access being proposed by the applicant: 5 h. Description of the utilities, including, for example, water, sewer, 6 telephone, electricity, which shall service the property as required by 7 Collier County Ordinance INo. 69 -06 [Code ch. 22, art. VI Il, known as the_ , _ - comment fcao]: Removed brackets 073013 8 Collier County Standard Housing Code, or its successor in function: 9 i. A statement of the applicant's intent to arrange for, have installed and 10 pay for provision of such utilities as are required by law: 11 i. A statement of release holding Collier County harmless in perpetuity for 12 maintenance of such utilities: 13 k. An acknowledgment that the Department of Economic Opportunity (DE_ _ , - comment [cai]: updated name of agency 14 may review and appeal any development order issued by Collier County throughout the section. 15 within the Big Cypress Area of Critical State Concern. Also. confirmation 16 that the applicant will execute, prior to issuance of any development 17 order by Collier County, a statement of understanding of the DEO review 18 requirements in the form approved by the DEO: and 19 I. A statement that permits from all state and federal agencies have been 20 obtained or applied for, including copies of said applications. The 21 responsibility to determine if such permits are necessary is solely the 22 responsibility of the applicant. 23 Hd. Chokoloskee Island. The division of property of Chokoloskee Island shall not require the 24 subdivider to record a final plat nor comply with the subdivision regulations provided in 25 LDC section 4.03.00. The subdivider and purchaser of the property shall comply with the 26 regulations provided in LDC section 4.03.03. The division of property not on 27 Chokoloskee Island is required to comply with all requirements to section 4.03.00. All 28 parcels of land existing on Chokoloskee Island as of October 30, 1991, and identified in 29 the property appraiser's official records, which do not conform to the minimum lot area 30 and lot width requirements of the overlying zoning district shall be considered 31 conforming lots. Any subdivision of land on Chokoloskee Island occurring after 32 October 30, 1991, shall comply with the minimum lot area and width requirements for 33 the overlying zoning district in effect at the time the land is subdivided. In any case, 34 except as described above, the minimum applicable development standards set forth in 35 the LDC shall apply, unless a variance therefrom is obtained. 36 1.1 Chokoloskee Island subdivision reguirements.l _ _ - comment [c42]: Relocated from 10.02.02 37 a. Deeds and other conveyances. All deeds and other conveyances for B.11. 38 properties hereafter on Chokoloskee Island shall include in bold -faced 39 type the following statement: "NO GOVERNMENTAL AGENCY, 40 INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR 41 THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE 42 DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS -OF -WAY 43 PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN 44 CONVEYED." Failure to include this information in a deed shall not affect 45 the conveyance of property. 46 b. Building permits for Chokoloskee Island. Prior to the issuance of a 47 building permit for any property on Chokoloskee Island, the owner of the 48 property applying for the building permit must provide verification that he 49 or she has an existing means of access to the property and the existing 50 means of access to such property must be improved to the standards 51 established by this subsection. Said access may be: 29 I:\Admin Code 2012 \Current WoWAdministrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 i. Dustless surface a minimum of 20 feet in width: 2 ii. Asphalt paved road a minimum of 18 feet in width: or 3 iii. Limerock surface a minimum of 20 feet in width. 4 C. Access agreement. The owner of property applying for a building permit 5 shall execute a release and waiver agreement which shall be executed 6 and recorded at the applicant's expense in the official records of Collier 7 County. The release and waiver agreement shall be in a form approved 8 by the county attorney bi{ designee,, and shall include, at a minimum. the 9 following provisions and a copy of the recorded agreement submitted with 10 the property owner's building permit application: 11 i. Identification of the property by legal description and tax parcel 12 folio number: 13 ii. Description of the means of access to the subject property and 14 the physical condition of that access: 15 iii. A statement recognizing that the access rights are personal rights 16 between the grantor and grantee and the county's approval of the 17 use of the accessway in no way implies that the use is permitted: 18 iv. A statement confirming that the maintenance and upkeep of such 19 means of access shall be the perpetual responsibility of the 20 individual(s) or other entity holding rights to such means of 21 access: 22 V. A statement confirming that any development order issued by 23 Collier County proposing utilization of such means of access shall 24 contain a specific disclaimer from Collier County relating to the 25 county's obligation for the present or future maintenance or 26 upkeep of such means of access: 27 vi. A statement of release holding Collier County harmless in 28 perpetuity for maintenance of such means of access: 29 vii. Description of the extent and specifications for improvements to 30 the means of access being proposed by the applicant 31 viii. Description of the utilities, including for example water, sewer. 32 telephone, electricity, which shall service the property as required 33 by Collier County Ordinance No. 89 -06, known as the Collier 34 County Standard Housing Code or its successor in function: 35 ix. A statement of the applicant's intent to arrange for, have installed 36 and pay for provision of such utilities as are reauired by law: 37 X. A statement of release holding Collier County harmless in 38 perpetuity for maintenance of such utilities: 39 xi. A statement that permits from all state and federal agencies have 40 been obtained or applied for, including copies of said permits 41 applications. The responsibility to determine if such permits are 42 necessary is solely the responsibility of the applicant. 43 l!. Golden Gate Estates lot divisions. When a 5 acre parcel in Golden Gate Estates_ 44 is subdivided into 2 lots. where 1 of the lots is not on the existing right -of -way, 45 the owner may create an access easement to and through the parcel which is 46 not on the right -of -way. The easement must be at least 20 feet in width. and 47 extend at least 150 feet into the otherwise landlocked lot. The easement shall 48 provide for access to the lot, and satisfy the frontage requirement. 49 # # # # # # # # # # # # # 50 30 UAdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx ayA - Comment [C43]: Deleted "his" prior to "designee "080613 Comment [C44]: Amended section letter to I," The section should not be under the Chokoloskee Island provisions 080613 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '9A2 Text underlined is new text to be added. a e the Aa.i .. r.l a 9- ode e revised v y V a - V .. Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Ch. 5 A Lot Split and B. Lot Line Adjustment Section and Title: LDC Notice Section N/A LDC Section: 4.03.04 • Relocating language from LDC section10.02.02 B.8 (10.02.02 will which may be platted or unplatted and which are under separate ownership or the same be relocated /deleted in entirety) to existing lot line adjustment ownership shall be exempt from this section if all of the following conditions are met. The section 4.03.04. Administrative Code shall establish the procedures and submittal requirements for • Consolidating all lots line adjustment language, located in LDC obtaining a lot line adiustment. or^^°d r s for demGn6tF ,tion Of ,.,,FAPIi. RGe with the sections, 10.02.02 B.8 and 4.03.03. The lot line adjustment shall be • Consolidating all lot split language, located in 10.02.04 B.5.i and recorded with the Clerk of Courts within 12 months of approval by the County Manager 10. 02.02 B.12 to 4.03.04. Revised: 6/6/13 CC 4.03.04 Lot Line Adjustmen*and Lot Split _ - Comment [C45]: showing current language is is plural and it is to be amended to singular A. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels 073013 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 adiustment. or^^°d r s for demGn6tF ,tion Of ,.,,FAPIi. RGe with the 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 - - Comment [C46]: New language. Note: Only one way to do a Lot Line Adjustment is through the a deed with the Clerk of Courts in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and 9. 2. Both landowners whose lot lines are being adjusted provide written consent to the lot line adjustment; and G. 3. Instrument(s) evidencing the lot line adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, the requirements of this LDC, including the dimensional requirements of the zoning district and the subdivision in which the lots are located. However, in cases of an existing nonconforming lot of record, the adjustment shall not increase the nonconformity of the lot; and D. 4. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity to create a new lots) for resale or development. LVL J1111L. LM11 IVW [HUJL I ICVC I VIILCI!JW yi I a UUUII . y1 Mivala I 1 nL- V1JW=XJ vvni I u is 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 of . 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 twelve (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 31 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C47]: From 10.02.04 B.51 Changes noted below. Comment [C48]: Deleted the following language "...private right -of -way 'A sanfei;Fnanaa with the design Fe 960FOrpenle 64 ihie eeetiqn with the exception of 1 division ... Comment [C49]: Deleted the following language: "...2 lots, We cede. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Text underlined is new text to be added. Text StFqkBthFGU@h 16 G11F1 And intent ti na r y Vw V- V Bold text indicates a defined term 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 a. The Administrative Code shall establish the procedures and submittal requirements for obtaining a lot split. easements for joint or cross access to be recorded before an approved lot split becomes effective. d. 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. # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section N/A LDC Changes: 4.05.04: • Relocating LDC provision 10.02.03 B.1.xv. to LDC section 4.05.04 because it was in the list of SDP submittal requirements and it is a parking standard which is a LDC requirement. • Modified name to reflect intent of the provision. • Added language for clarity, as noted. 4.05.07: • Duplicated provision in the PUD design requirement section 4.07.02 for consistency. Revised: 6/5/13 CC 4.05.04 Parking Space Requirements 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. 11. 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 32 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C50]: From 10.02.02 B.12. Moved the following to the Admin Code: Applicants for such lot splits are required to submit a survey of the property to be split depicting all existing lot dimensions, all proposed "new" lot lines, all easements of record on the subject property, and the present zoning and land use classification of the subject property, as well as all pertinent yard or setback regulations and proposed access to all resulting parcels. Comment [C51]: Replacing "must" E '9A2 Text underlined is new text to be added. Text stFikethrough is ,tie n.�...... .. rode,. _ va a, a = 'Bold text indicates a defined term 1 line to the garage door or plans must ensure that parked vehicles will not 2 interfere with pedestrian traffic by providing equivalent space.I _ _ _ - - Comment [c52]: Criteria. Moved from 3 # # # # # # # # # # # # # l 10.02.03 B.1.i.xv. which was the list of submittal requirements in the SDP section. Duplicated in 4 4.07.02 for PUDs 5 4.07.02 Design Requirements Comment [C53]: New language: 6 F. Off - street parking and off - street loading requirements shall be as for comparable type, 'Perpendicular line" and "by providing 7 density and intensity of uses established in the PUD. No parking spaces on or within equivalent space° 8 any public or private road or travelway shall be counted in fulfilling the required number 9 of spaces. Landscaping for vehicular areas shall be as established in LDC section 10 4.06.00 11 11. IResidential off - street parking. Driveways must be at least 23 feet in length, 12 measured from the back of the sidewalk to the garage, to allow room to park a 13 vehicle on the driveway without parking over the sidewalk. Should the garage 14 be side - loaded there must be at least a 23 -foot paved area on a perpendicular 15 line to the garage door or plans must ensure that parked vehicles will not 16 interfere with pedestrian traffic by providing equivalent space.I 17 # # # # # # # # # # # # # 18 33 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [c54]: Criteria. Moved from 10.02.03 B.1.i.xv. which was the list of submittal requirements in the SDP section. Duplicated in 4.05.04 for regular development. Comment [C55]: New language: "Perpendicular line" and "by providing equivalent space" 5t\ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Text underlined is new text to be added. . and e a _w vV V Bold text indicates a defined term Chapter 5. Supplemental Standards Administrative Code Reference Admin Code Section and Title: Ch. 3 B Boat Dock (Boathouse Establishment, Dock Facility Extension, Boat Lift Canopy) LDC Notice Section 10.03.06 H. LDC Changes: 5.03.06 • Added language to section 5.03.06 to reference Admin. Code and updated cross references. Revision: 6/5/13 CC 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. °f this vvcr ^d 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: Procedures for approval of docks, dock facilities, and boathouses. 1. The Administrative Code shall establish the procedures and submittal requirements Pi96eduFes for the issuance of permits for docks, dock facilities, and boathouses. Notice procedures are provided in LDC section 10.03.06. Chapter 10 efftiis; i nr 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06 °f tmoo, 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 0.03.06 titG#4 - _ - Comment [C56]: Corrected cross reference # # # # # # # # # # # # Administrative Code Reference Admin Code Ch. 4 L Temporary Permits Section and Title: LDC Notice N/A Section: LDC Section: 5:04.01 • Relocating temporary permit language from 10.02.06 G.6 -9 to 5.04.01 C -F in order to consolidate the temporary permit provisions. Revision: 6/5/13 CC 5.04.01 Temporary Use Permits 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 35 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. T-ex! stFikethmugh is r111 and intent FeleGated te-tte Administrative Code or revised Bold text indicates a defined term 1 intended to function, there is an identified need to allow certain temporary uses within a 2 development site, and to provide for other types of temporary uses such as special 3 events, sales and promotions. It is the intent of this section to classify temporary uses 4 and to provide for their permitting. 5 B. General. The County Manager or designee may grant a temporary use permit for 6 requests that demonstrate compliance with the intent of this section and Chapter 5 of the 7 LDCGede. Approvals for such requests shall be based upon, but not limited to, the 8 applicant's description of the temporary use, the intended duration of the use, hours of 9 operation and the impacts of the proposed temporary use on adjacent properties. 10 LC. Indemnification The applicant shall be required to indemnify and hold harmless Collier 11 County, its officers, agents and employees from and against all claims suits actions 12 damages, liabilities expenditures or causes of action arising out of or occurring during 13 the activities of applicant under a permit issued hereupon in the form and manner 14 provided by the County Manager or designee. 15 D. Cancellations and postponements. 16 1 If a permitted event is canceled or postponed the applicant shall furnish Collier 17 County with written notification of such cancellation or postponement and the 18 reason(s) for same. It is understood that weather conditions may cause last 19 minute cancellations: however, the applicant shall make every effort to notify the 20 county staff prior to the scheduled commencement of said event. If the event is to 21 be re- scheduled, notice of the date and time of the rescheduled event shall be 22 provided. 23 2. If a permitted event is postponed the permit will be amended to reflect the 24 rescheduled event dates and a copy will be provided to the applicant prior to the 25 event. 26 3. If an event is cancelled and the County is notified prior to the initially proposed 27 commencement date the number of days used will not count towards the 28 maximum number of authorized days afforded for events by the LDC. 29 E. Suspension or revocation. Failure to comply with the terms and conditions of the 30 temporary use permit once issued, shall be -grounds for immediate suspension of the 31 permitted activity until such time as the noncompliance is remedied A permit may be 32 revoked, without refund, for established public safety and welfare issues The 33 suspension or revocation shall be initially communicated verbally followed by a written 34 suspension or revocation order. The continued failure to comr)ly with the terms and 35 conditions of a previously suspended permit may result in the revocation of said permit 36 F. Violations. The failure to obtain a required Temporary Use Permit and /or the failure to 37 cease activities authorized by such a temporary use permit including the removal of any 38 displays, structures, merchandise equipment, signs or banners authorized by said 39 permit, upon expiration suspension or revocation shall establish a violation of the LDC 40 and shall be sub'ect to the penalties established within the LDC. 41 # # # # # # # # # # # # # 42 Administrative Code Reference Admin Code Chapter/Section: Ch. 4 J.1 -7 Temporary Permits LDC Notice Section: N/A LDC Changes: 5.04.05: • Added language to section 5.04.05 to reference Admin. Code Revision: 6/5/13 CC 36 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 - _ - Comment [C57]. 5.04.01 C, D. E, F from 10.02.02 Temporary Permit section. No language changes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 '9A2 Text underlined is new text to be added. Bold text indicates a defined term 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_ shallF °„tee # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code Section Ch. 4 L.4- Film Permit and Title: in coniunction with commercial motion picture, film, television, video or still photography LDC Notice Section: N/A LDC Changes: 5.04.08: • Relocating film permit section 10.02.06 G.10 to section 5.04.08 to consolidate all temporary use permits in LDC chapter 5. Revision: 6/5/13 CC �.04.08 [Resewed] Film Permit ------------ comment [c58]: From 10.02.06 GA 0. _ _ _ _ A. Film Permit Required. A permit shall be required for the following activities taking place, in coniunction with commercial motion picture, film, television, video or still photography production: the use of set scenery, temporary structures or other apparatus, special effects or closure of public streets or accessways. The LDC shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture /television filming as a permitted use. 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 �s determined by the risk management director - - comment [c59]: Previously "G.3.b.ii. and b.iii. _ upon a review Of the particular circumstances Involved. Said applicant shall provide to - above of this Code as determined by the risk the County Manager or designee a certificate of insurance as evidenced that said management incorrect but the This cross reference was intent was to reference insurance is in existence and certifying that Collier County is named insured, and that G.10.b.ii. and b.iii. which were submittal reps Collier County be given 30 days' notice prior to the expiration or cancellation of the and are now in the Admin Code. 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. 37 1:1Admin Code 2012 \Current Work).dministrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Text underlined is new text to be added. Text GtFikethFgUgh IS and .....,.........,.. ,...� �... ,.,.. 1.1 C-AdA FPViRPrJ AF Bold text indicates a defined term 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 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 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). # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code Section and Title: Ch. 6. E Alcohol Distance Waiver LDC Notice Section: N/A LDC Changes: 5.05.01: • Added language LDC section 5.04.08 to reference Admin. Code Revision: 6013 CC 5.05.01 Businesses Serving Alcoholic Beverages A. Sale of alcoholic beverages. The County Manager or designeeT 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. 38 [:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ' 9A2 Comment [C60]. Replacing "he /she" Replacing -he/she- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 e tY Text underlined is new text to be added. Bold text indicates a defined term 6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on -site, from the school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors: a. The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500 -foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights -of -way. b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, child care center, public library, church, public park, or public playground. C. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. d. The Administrative Code shall establish the submittal requirements and pRrocedures for the waiver of distance requirements. aFe set forth ;a Ghaptel: 4-0. # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code Ch. 6 G Automobile Service Station Waiver -Chapter/Section: LDC Notice 10.03.06 U Section: LDC Changes: • Relocating similar language from 9.04.07 and 5.05.05 E to 5.05.05 B. • 5.05.05 E.1 contained similar language to 9.04.07 in the variance chapter. However, this process is for a distance waiver, not a variance. • The provisions for the waiver were under 5.05.05 E, however, this section identifies the requirements for service stations located adjacent to residentially zoned or residentially developed properties. • 5.05.05 B identifies the required distance from adjacent automobile service stations. Revision: 6/5/13 CC 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 twerrty-feuF (24) hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following 39 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Text StFikethF96igh is GIIFFIttft And ode OF Fev*,;Prt Bold text indicates a defined term 1 regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and 2 permitted sales and service activities of automobile service stations. 3 B. Table o sSite design requirements,= 4 1. Table of site desi n re uirements 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 9 A 2 _ _ __ _ _ _ _ _ _ _ - Comment [C61]: Existing table 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, 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. 40 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C62]: Relocating Wavier section from 9.04.07. Minimal changes. B.1- B.3 Site Standards_ _ Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent 500 automobile service stations (ft.) (based on distance between nearest points) Minimum setbacks, all 50 structures: 40 Front yard 40 Side yard Rear yard 9 A 2 _ _ __ _ _ _ _ _ _ _ - Comment [C61]: Existing table 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, 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. 40 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C62]: Relocating Wavier section from 9.04.07. Minimal changes. B.1- B.3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 9 A 2 Text underlined is new text to be added. =! a�e.,,,a s....., i nr• ed to ehe n ! r,.ae. .. Bold text indicates a defined term 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 si*{6) foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. I; The RZA ma„ by resolution, grant a waiVeF of part er all of the minimum separatiGR on +s set forth herein if it is demonstrated by the a nl:sant nd determined by the BZA that the site n ed for development of an automobile s station ' rated from " o +her automsh ill s s station by oat al n maR made bo radar' c+rUot, gyres other features which offset or limit the sity for c ohm m distance r onto The R7A's fellow Rg s a \Nhe +her the na+ nd typo of natural n maRmade ho ndary str n+ r or n +tor feat re L,'nn between the n od osM hGsh men+ and An ex 'c +'n ute.mebile serviee station is determined by the R7A to lessen or , other feature nd do but is not limited +o lakes rshes o ondeyelepahle wetlands designated preserve als nd a MiRMUITI of a fn r /4\ lane arterial o e llee.te.r right a f- %ya.e h Ulhe +her the ante rAph:le seplice station is rah, n ed in the s eF in lie of s o the stn +Inn cells fend gasG!iRe, nd ether e Items during daytime rah +time n a twee t)' four MA\ iie�asis- e. VVhe +her +he sew se s tation is Iodated y +h'n shopping n nter n r'h, aaGGe ,sed by a driveway, r if it fre.n +s n nd is ed diren +ly from a platted read Fight Of Way. d Whether- the n antinn of +he distan ., ill higyp n .mrs.� ad . ne ,,a,nr , w n m n nn + en adjacent land uses os nnniall.r rr�siden +:al land roes i L Comment [C63]: Conflict corrected. 5.05.05 * * * * * * * * * * * * * E.1 contained similar language to existing section 9.04.07 - variances. 420. Exceptions: Moved existing language in 9.04.07 to 6.1 # # # # # # # because it is a waiver, not a variance. 9.04.07 is more complete than 5.05.05 EA Administrative Code/ LDC Amendment Overview Admin Code Ch. 4 A. Architectural Plans Section and Title: LDC Notice Section: N/A LDC Notes: 5.05.08: • Reorganized 5.05.08 C. to accommodate Admin. Code provisions. • Added language to reference Admin. Code and submittal requirements. Revision: 6/6/13 CC 41 I:W,dmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. -!oGated to Bold text indicates a defined term 5.05.08 Architectural and Site Design Standards C. Building Design Standards. 9 A 2 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 Development Plans of t 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. _ _ _ - Comment [C64]: Relocated from 5.05.08 elev �� C.5.b °Q1 ^P. __ ._ - - - - - - - - - - - - - __ - - - _ , _ - - - - _ _ _ __ _ _ _ _ _ _ - _ _ _ - Comment [C65]: Moved to Admin Code lb. AFGhitectuFal dFaWngs MUISt be signed and sealed by the liGensed r yio +r,�,r, ^lid iR the state of FleFidn n set f Fth in .. r Ch + X481 f th CI '.J Statutes ------------------------------------------------ Comment [C66]: Relocated above in 5.05.08 sb. Building design treatments. Each building facade must have at least C.5.a four of the following building design treatments: dc. Site design elements. All projects must have at a minimum of 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 Deve!GpFne# PlaRS ef this Code. F. Deviations and Alternate Compliance. The following alternative compliance process is established to allow deviations from the requirements of this sSection as approved by the County Manager or designee- 1 . Review and approval procedure. Upon request by the applicant, the County Manager or designee may administratively approve a Site aad Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of Ssection 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re- review and approval by the County Manager or designee. 2. Review criteria. In approving an alternative plan, the County Manager or designee must find that the proposed alternative plan accomplishes the purpose and intent of this Ssection, in the same maRReF as the ^F^ euld. If the plan is approved through this sectionprevisier4, the Ssite 13development Rplan approval letter shall specifically note the deviations and the basis for their approval. 3. The Administrative Code shall establish the Ssubmittal requirements for the Deviations and Alternate Compliance process. 42 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Text underlined is new text to be added. and intent relocated t Bold text indicates a defined term I # # � b e. ArhiteotU "Alternative al .d e pla Arrh'teE4uralles'gn nr! /o Site ede Standards eln n+ nla Plan". clearly This lahelerl a +inn is aR identify the seot'n majority of the Permit Application and Review Process ers fro m this S from ,�i hiGh the pill -MUS edeyia being requested. • Relocated language from section 5.06.11 - Permit Rum that s e'feally -Gt'nn ident'f'e all relocated in the LDC. of Section for A statemep+ # narrative b 05 08 from the deviatie—ns references. Noted the removal of submittal requirements and requested, standards nr1 the ' st'fiGation the which This st Atomen+ m are Us+ Opel u.de a deseriptiop of hew the # request. al +ernatiy plan a nl'shes the and intent of this See. +ion purpose these identified. # without # spedfiGally # GGITIPIY # Rg # with # standards # # # Administrative Code/ LDC Amendment Overview Admin Code Section Ch. 4 J.- Sign Permit and Title: LDC Notice Section: N/A LDC Changes: 5.06.02 B: • Relocated language from section 5.06.11 - Permit Application and Review Process to 5.06.02. B.1.g. The majority of the Permit Application and Review Process section was moved to the Admin. Code but the LDC requirement needed to be relocated. 5.06.04 C: • Relocated language from section 5.06.11 - Permit Application and Review Process to 5.06.04 C.10. As noted above, the LDC requirement needed to be retained and relocated in the LDC. • Relocated revised and updated language to be retained in the LDC from 5.06.11 AA.g. to 5.06.04 F.4.g 5.06.11: • Reorganized LDC section 5.06.011 to include Admin Code references. Noted the removal of submittal requirements and relocation standards to sections 5.06.02 and 5.06.04. Revision: 6/5/13 CC 5.06.02 Development Standards for Signs within Residential Districts B. Applicability. Signs within residential zoning districts, and in designated residential portions of PUD zoned properties shall be permitted as provided for in this section. 1. Development standards. a. Maximum allowable height. All signs within residential zoning districts, and as applicable to designated residential portions of PUD zoned properties, are limited to a maximum height of 8 feet, or as otherwise provided within the LDCthi6 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 43 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 -fCoirrm IM6 Moved to the Admin Code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. nd r de OF Fey*sed y V w vd V Bold text indicates a defined term 9A2 shall be located no closer than 10 tea feet from the property line, unless otherwise noted below or as provided for in LDC section 9.03.07e U)G. When a property line encompasses a portion of the roadway, then the setback shall be no less than 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable, unless otherwise provided for in this section. C. If the applicant is not the property owner, then a copy of a notarized authorization letter between the property owner or property manager and the applicant is required, specifically authorizing approval of the erection of a sign on the subject parcel. d. Double -faced signs shall be measured by only one side if both sides are the same. e. The use of fluorescent colors on signs is prohibited. f. The permit number shall be displayed or affixed at the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing 5 feet in front of the base of the sign and, in no case, shall the permit number be less than % inch in size. kt. For any ground sign over 32 sq. feet or over 8 feet in height construction drawings shall be certified by a Florida registered engineer or a Florida registered architect. The construction drawings shall contain the plans and specifications, the method of construction and the method of attachment to the building or the ground for pole signs and all projecting Comment [C68]: Language relocated from # # # # # # # # 5.06.11 AA.f 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. 110 For any ground sign over 32 sa feet or over 8 feet in height construction drawinas 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 buildincl or the round for pole signs and all proiecting signs. _ - Comment [C69]: Language relocated from * * * * 5.06.11AAJ 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 LDCth+s Cede. 44 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text S#ik9thFGWgh 06 tie relocated na.., .. ,, rode or .nd intent Bold text indicates a defined term 1 Wall signs, or any separate part thereof, which is to be affixed to a wall 2 shall be fastened flush with the surface with fasteners which shall have 3 the capacity to carry the full load of the sign or separate part thereof 4 under wind load conditions of the approved Collier County Building Code 5 Ordinance [Code & 22 -106 et seg.1, Flood Ordinance (Code ch. 62. art. 6 III, and the Coastal Building Zone Ordinance rCode ch. 22, art. VIIII. Any 7 such sign or separate part thereof which is not mounted flush with the 8 surface and which weighs more than 20 pounds shall have a Florida 9 registered engineer design the mounting or fastening system and depict 10 the system on signed and sealed drawings which shall accompany the 11 permit application.I 12 # # # # # # # # # # # # # 13 5.06.11 Permit Application and Review Process for Signs 14 A. Building Permit applications for signs. 15 1. General. Any person who wishes to construct, install, rebuild, reconstruct, 16 relocate, alter, or change the message of any sign shall apply for and receive a 17 building permit in accordance with Collier County Ordinances and the Florida 18 Building Code as adopted by Collier County prior to the commencement of any 19 work. A building permit will be issued by the County Manager or designee, 20 provided that all permit requirements of the LDCGede and all other applicable 21 provisions of the Collier County ordinances and regulations have been met. 22 2. Process. The Administrative Code shall establish the application requirements 23 and review process for sign permits. All drawings, plans, and specifications for 24 pole signs, proiecting signs, and any ground sign over 32 square feet or over 8 25 feet in heiaht must be submitted and certified by a Florida reaistered desian 6 a _ - Comment [C70]: Language relocated from 5.06.11 A.4.g. Language updated /revised for clarity. 26 rofesslonal. - _ - Comment [C71]: Language relocated from 27 Vii. Expiration of permit. Building permits shall expire and become null and void if 5.06.11 AAA 28 the work authorized by such permit is not commenced and inspected within six 29 months from the date of issuance of the permit. _ - comment [C72]: Relocated from below, A.5 30 24. Permit fees. A building permit fee shall be collected pursuant to the fee 31 schedule set forth by resolution. 32 33 . 34 it to 35 - -- --- --.... --- ---- - - - - -- - ---- ----- ------ 36 SigR URder the provision of this Gede, an appliGant shall submit a Gemplete 37 38 39 a Then address and telephone number of +he� /..\ n o..d log. of 40 . 41 b. The leg the s #eet ad-d-ressef, the p pe#y 61PGR WhiGh 42 the SigR 43 G. The .+6v.ono:o of +hn c heigh« pnh �.tinn 44 d The ornphiGGimeoo.. a to be planed nn the n foon 45 e. (l +her infl.rmatinn r roe! in the n mi+ ° plio-.+ion fe i:ms n vide d by «+,o 46 47 domen6mened elevatien dFaWiRgS of the proposed sign and ideRtif"Gatien 9f 48 the ,Jire; 49 ;;.A .d . «ep, SmgRS n the °, ,hie,,.+ n et 550 Two dFa oerHf:ed by o FIeFida registered eRgineep 9F a Glenda 51 45 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C73]: Prior 5.06.11 A.4 thru 4.e moved to Admin Code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 t3B. 9 A2 Text underlined is new text to be added. And intent Felesated t e Code OF Bold text indicates a defined term over 8 fee+ n h° ah+ I- - Comment [C74]: Language relocated to - -- a-4 5.06.02 B.t.g and 5.06.04 CA for consistency. 9. Wall signs, er any separate eFne�i�s- to- beamned- �a -.,�.. _ _ y shall be fastened flush vi +h the s rfae with fasteners kwh'eh shoo 4ye - Comment [C75]: 5.06.11 A.4.g language the ^ ni +. +e ^ n, +. full leard of the ra +e r,art +her °ef revised and relocated to 5.06.04 F.4.g rated the +eohnloal m s by whioh this is to he " ol'sheef ^^° ^' ^ ^^^''' Comment [C76]: Admin Code. !i. The permit number shall �l be displayed ^r - affixed -, + +h° base of the �., - ' ocvrcncs�••,n c +r s+6 r art shall have the same life ° eatano.. as the s C eh '+ n mhnr shall he nlearly leg ble +e sta Rd Rg five feet iR po...,,,,. frnn+ of +he hate of the SigR ne•I 'n shall the n m'+ a mber he lecccc than nne half inr•h in height -{ Comment [C77]: Admin Code. '5 C.enira +inn of perm+ Building perm' +s shall expire, and b.eGGMe n II age+ vE)id +he wnrk At +hnr'znd by s nh per.m.4 's nn+ e eed and 'n eo+ed w thin SiX man+hs from +he rla +e of issI Zane -e, of +hey r.°r..,"+ _ _ - Comment [C78]: 5.06.11 A 5 relocated above oermi +nnn l. --------- - -- - - -- Ilsatien Review and Time m +a 'I (nee reG t Gf a ete eFFA4 to 5.06.11 A.3 app!;GatiE)R and UPGR paymeRt ef the appropriate permit fee by the , the GeuRty Comment [C79]: 5.06.11 B moved to th Admin Code._ j ,i off t The ('n nfi. ItAanan°r nr aes - _ _ _ - - _. - _. - _ - - - .. '� shall issue then .nit 'f '+ is ed +ha} the ol'ea +'ea meets }her en }s een+a'ned iR +h's 6igR GFdinanee aarl ' +'s determ:r.ed that the a ed sign will not . elate a . building elect: Gal a a +her 2. The rep nt„ Mana ^ °;- o"- de siQ;@e shall d eR ;= +h e �eFm:+ 'deteF� ;ed -tha+ t A-ins fair ddenial exists, inGluding RGAGOMPlianGe with this SigR f nY Rty Mama °r nr de6i ^n 88 shall maLo .ri++on r nor+ of the denial and the Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. Comment [C80]: 5.06.11 C moved to the Admin Code. 1. Within 30 days of the date of the written denial, ihe appliGant depi4sent by - - Comment [C81]: Deleting language "the - - - -- certified mail return receipt requested by the County Manager or designee, the applicant denial" to make the sentence structure a lican , ma appeal eal the permit denial to the bBuilding bBoard of p a bit clearer. 080513 - - - - - - - - - - - - - - - - - - - -- a�ipp - -y -pp eats. - - Comment [C82]: Deleting comma to improve a "ac 2 Are uest fora eel shall be filed in writin Such re uest shall state the basis sentence structure 080513 q pp g1 q 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 46 (:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 W� Text underlined is new text to be added. Text s ikethie ugh is A 199 .1..1..1Ad fFAFA 1 PG .. r..de O Bold text indicates a defined term 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 O*ef [building official, whichever is applicable;_ _ _ - comment [csa7: COA change 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 LDCeede. # # # # # # # # # # # # # 47 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx q 10' IA 3 4 5 6 7 8 9 O10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Text underlined is new text to be added. And intent Fe'AnAtad to - de OF Fevised Bold text indicates a defined term Chapter 6. Infrastructure Improvements and Adequate Public Facilities Requirements Administrative Code/ LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Changes: 6.01.02: • Relocating language from 10.02.04 B.1 to 6.01.02, where had originally been established. • The protected /preserve area and easement was located in the plat and plans sections which are to be rewritten. The protected /preserve area and easement section needed to be relocated to a standards LDC section rather than a process oriented section. Revision: 6/5/13 CC 6.01.02 Easements If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. A. Utility easements. B. Drainage easements. C. Protected /preserve area and easements. FGF .,r^,,,S;^„6 Felatea to ,, AFAteGted�pFesePve a o iG eRts R 10 02 nn o 1 „f+h•s r—Ade �A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected /preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected /preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum setback as required by the LDC, or other setback that may be approved as a deviation through the PUD approval process by the Board of County Commissioners from the boundary of such protected /preserve area in which no principle structure may be constructed. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat shall require that no alteration, including accessory structures, fill placement, grading plant protected /preserve area boundary. Additional regulations regarding preserve setbacks 49 1AAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx I�1 Comment [C84]: Deleted "his" 080613 9A2 Text underlined is new text to be added. Text GtFqkethFGugh is Bold text indicates a defined term 2 regardless if they are platted or simply identified by '6 recorded conservation easement. - Comment [C85]: Added an °a° to make the 3 The boundaries of all required easements shall be dimensioned on the final - sentence bit clearer 080613 4 subdivision plat. Required protected /preserve areas shall be identified as separate 5 tracts or easements having access to them from a platted right -of -way. No individual 6 residential or commercial lot or parcel lines may project into them when platted as a 7 tract. If the protected /preserve area is determined to be jurisdictional in nature. 8 verification must be provided which documents the approval of the boundary limits from 9 the appropriate local, state or federal agencies having jurisdiction and when applicable 10 pursuant to the requirements and provisions of the growth management plan. All 11 required easements or tracts for protected /preserve areas shall be dedicated and also 12 establish the permitted uses for said easement(s) and /or tracts on the final subdivision 13 plat to Collier County without the responsibility for maintenance and /or to a property 14 owners' association or similar entity with maintenance responsibilities. An applicant who 15 wishes to set aside, dedicate or grant additional protected preserve areas not otherwise 16 required to be designated on the preliminary subdivision plat and final subdivision 17 plats, or only on the final subdivision plat if the applicant chooses not to submit the 18 optional preliminary subdivision plat, may do so by grant or dedication without being 19 bound by the provisions of this section. 20 # # # # # # # # # # # # # 21 22 23 24 25 26 27 28 29 30 31 32 33 Administrative Code/ LDC Amendment Overview Admin Code Section Ch. 7 C Soil Erosion and Sediment Control Plan and Title: LDC Notice Section: N/A LDC Changes: 6.01.05: • Relocating language from LDC section 10.02.02 C (10.02.02 will be relocated /deleted in entirety) to new LDC section 6.01.05. • This section follows LDC sections 6.01.03 Soils and 6.01.04 Removal of Exotic Plants Required, which are all requirements for subdivisions/developments. Revision: 6/5/13 CC 7 comment [C86]: Relocated from 10.02.04 B.1 Only minor changes. 6.01.04 Soil Erosion and Sediment Control Plan _ - Comment [C87]: updated section references A. Soil Erosion and Sediment Control Plan. For new and existing development and and relocated from 10.02.02 construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04 and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted Management Element of the Collier County Growth Management Plan. i _ - - Comment [C88]: updated. 11. Application. The Administrative Code shall establish the procedure and submittal 5.4.2 thru 5.4.4 no longer exist requirements for a Soil Erosion and Sediment Control Plan. !, - _ - Comment [C89]: New language 50 LkAdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 •16 17 18 19 20 21 22 23 24 25 26 27 28 Text underlined is new text to be added. Text GtFiketkeugh is Code OF FeVised nd intent relocated t Bold text indicates a defined term 6.02.01 Generally A. This section is intended to implement and be consistent with the GMP, § 163.3161 et seq., F.S., and the Florida Administrative Code, by ensuring that all development in the County is served by adequate public facilities. This objective is accomplished by the following: 1. Establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to serve development. 2. Establishing a regulatory program that ensures that each public facility is available to serve development concurrent with the impacts of development on the public facilities. 3. No approval of the final subdivision plat, improvement plans, or authorization to proceed with construction activities in compliance with the same shall require the County to issue a development order or building permit if it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the GMP, or if issuance of said development order or building permit is inconsistent with the GMP. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County requirements for adequate public facilities. B. Procedures for determinations of vested rights for adequate public facilities are set forth in Chapter 9 40. C. Procedures for applications for certificates of public facility adequacy are set forth in the Administrative Code and LDC section 10.02.07 Chapter 19. # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Administrative Code Reference Admin Code section and Title: Ch. 4 C 1 -2 Certificate of Public Facility Adequacy (COA) LDC Notice Section: N/A LDC Changes: 6.02.01: • Updated section references. • Added language to reference Admin. Code Revision: 6/5/13 CC 6.02.01 Generally A. This section is intended to implement and be consistent with the GMP, § 163.3161 et seq., F.S., and the Florida Administrative Code, by ensuring that all development in the County is served by adequate public facilities. This objective is accomplished by the following: 1. Establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to serve development. 2. Establishing a regulatory program that ensures that each public facility is available to serve development concurrent with the impacts of development on the public facilities. 3. No approval of the final subdivision plat, improvement plans, or authorization to proceed with construction activities in compliance with the same shall require the County to issue a development order or building permit if it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the GMP, or if issuance of said development order or building permit is inconsistent with the GMP. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County requirements for adequate public facilities. B. Procedures for determinations of vested rights for adequate public facilities are set forth in Chapter 9 40. C. Procedures for applications for certificates of public facility adequacy are set forth in the Administrative Code and LDC section 10.02.07 Chapter 19. # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Changes: 6.02.03: • Relocating language from 10.02.07 CA.g to 6.02.03. • 10.02.07 C identifies the certificate of adequate public facility requirements and the section was completely rewritten. • The proportionate share provisions are more appropriately located in the transportation provision. Revision: 6/5/13 CC 51 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Text StFikethFeugh is Bold text indicates a defined term 1 6.02.03 Transportation Level of Service Requirements 2 A. All developments that impact the traffic network shall be evaluated in accordance with 3 the Traffic Impact Study (TIS) Guidelines and Procedures. 4 B. The analysis shall show the impact on the proposed internal streets of the subdivision 5 or development and existing externally affected streets. The analysis shall be used to 6 determine the street classification, width and number of traffic lanes internal to the 7 development, and any requirements for off -site (external) improvements on the existing 8 street system per the GMP. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Proportionate Share Pavments. Proportionate share oavments may be used to mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85 percent of the north -south lane miles and 85 percent of the east -west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. 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 concurrence for a proposed project within a TCMA and do not influence the concurrency determination process. Development of an individual single- family residence will not be required to contribute or make a Proportionate share payment under this section. 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. iii. Cost = Cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right -of -way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated with the construction of the improvement. b. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type /facility type as determined by the Collier County Transportation Administrator. # # # # # # # # # # # 52 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Z 9A Comment [C90]: Relocated from prior 10.02.07 CA.g. �01 Text underlined is new text to be added. - de OF revised Bold text indicates a defined term 1 6.04.03 Fire Hydrants 2 34 ^fie- 35 A. 3. Fire hydrants shall be provided at no cost to the County in all subdivisions and 36 developments. In all Gases, fire, h,erlr. RtS shin be . FGvidea and 6paGe d OR the rnaRReF 37 PFeSGFibed by the deS'gR e-nfn e.f this seGt'eR. 38 B. All subdivisions and development shall comply with the Florida Fire Prevention Code 39 F! FPC). 40 # # # # # # # # # # # # # 41 53 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C91]: Amended in consultation with the Office of the Fire Official Text underlined is new text to be added. And inteAt FelaGated t de or revised Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Changes: 6.05.01 • Relocating language from Code of Laws Section 2, Administrative Code to 6.05.01. • Code of Laws Section 2, Administrative Code will be repealed and replace with the 2013 Administrative Code. • Due to dated language, updates and modifications to the provisions were made as noted below. Revision: 6/5/13 CC 2 6.05.01 Water Management Requirements 3 4 A complete stormwater management system shall be provided for all areas within the 5 subdivision or development, including lots, streets, and alleys. 6 A. The system design shall meet the applicable provisions of the current County codes and 7 ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida 8 Administrative Code, and any other affected state and federal agencies' rules and 9 regulations in effect at the time of preliminary subdivision plat submission. Water 10 management areas will be reouired to be maintained in perpetuity according to the 11 approved plans. Water management areas not maintained will be corrected according to 12 aniproved Oans within 30 days] 13 B. Where stormwater runoff from outside the subdivision or development historically - J 14 passes on, over, or through areas of the subdivision or development, such runoff shall 15 be included in the stormwater system design. The system shall be designed for long life, 16 low cost maintenance by normal methods and provide for optimal on -site detention of ; 17 stormwater runoff and groundwater recharge in accordance with applicable County and ; 18 SFWMD regulations. i 19 , 20 H. Street graded. Street grades must be determined in relation to the drainage facilities 21 for the subdivision and must not exceed four oercent nor be less than 0.3 Dercent. 22 unless otherwise approved by the County Manager or designee pursuant to section 23 10.02.04 of the LDC. Street grades must be shown on the development plans by ; 24 25 26 27 28 29 30 31 32 33 34 35 36 direction and oercent of fall on the road profiles. Rainfall and runoff criteria. Ihe 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. ; 11. Runoff coefficients.1 Existing land usage will be considered for the selection of Proper runoff coefficients within the drainage basins involved, whether within the region. All lakes will be set back from abutting roadways or intersections pursuant to the design standards established in sections 22 -106 through 22 -119 of the Code of Laws and Ordinances. `J]:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C92]: From Code of Laws Sec 2- 12, Exh. A, subsection C.16.a.ii Water management areas. No changes. Comment [C93]: From Code of Laws S 12, Exh. A, subsection C.13.n. Street graL No changes. Comment [C94]: From Code of Laws Sec 2- 12, Exh. A, subsection C.16.b. Rainfall and runoff criteria. No changes. Comment [C95]: From Code of Laws Sec 2- 12, Exh. A, subsection C.16.b.ii Runoff coefficients. No changes Comment [C96]: From Code of Laws Sec 2- 12, Exh. A, subsection C.16.b.i. Lakes. Changes: _ Lakes. Artificial lakes and retention basins proposed as part of a stormwater retention system for on -site water management must be designed and, Wh8H FgElWiF@d 8dFRiRiGtFa6'0B Bede 8F other ordinances or regulations of Collier County, state or region- to fi�esedaty: All lakes will be set back from abutting roadways or intersections pursuant to the design standards established in sections 22- 106 through 22 -119 of the Code of Laws and Ordinances. Comment [C97]: Added language to make the sentence complete. 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. 080613 9 A 2 Text underlined is new text to be added. Code A FPViRPd Bold text indicates a defined term Stormwater outfalls. !Stormwater runoff must be conducted to positive outfalIs that can be__ _ - Comment [C98]: From code of Laws sec 2- permanently maintained, practicably and legally. Outfalls to existing waterways, canals, 12, Exh. A, subsection C.16.c Stormwater preserve or conservation areas, lakes or storm sewers will be acceptable provided it can ouffalls. No changes. be demonstrated through a professional engineering study to the County Manager or 10 Department of Transportation, if applicable. The storage of stormwater runoff in 11 other existing or proposed ditches or swales within a public or private right -of- 12 way will be permitted for volume storage when approved under South Florida 13 Water Management District design criteria, but will not be utilized to satisfy the 14 stormwater storage (quality) requirements of a development's master water 15 management system. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 - Comment [099]: From Code of Laws Sec 2- 11 12, Exh. A, subsection C. 16.c.i side ditches or -J swales. No changes. Major waterviali Improvement or establishment of major waterways and canals will be _ , - Comment [C100]: From Code of Laws sec 2- developed in full accord with applicable stormwater management criteria. Engineering 12, Exh. A, subsection C.16.d Major waterway. data criteria, and suitable calculations shall be submitted to the County Manager or No changes. Roadways over major waterways 'll be structures approved by the County - - _ Comment [0101]: From code of Laws sec 2- Manager or designee, sized to maintain flow capacity, designed to assure long 12, Exh. A, subsection C.16.d.i. Roadways over life and minimal maintenance. Construction must meet all current Florida major waterways. No substantive changes. Department of Transportation Standard Specifications for Road and Bridge Constructionl, as amended, unless otherwise approved by the County Manager or__ _ - comment [C1oz]: New language Outfall ditches and open channels. Unless otherwise approved by the County Manager - Comment [0103]: From Code of Laws Sec 2- or designee pursuant to section 10.02.04 of the LDC, side slopes no steeper than four to 12, Exh. A, subsection C.16.e Ouffall ditches one will be allowed. Protection against scour and erosion will be provided as required by and open channels. No changes. the County Manager or designee. Roadside swales. I _ - Comment [0104]: From Code of Laws Sec 2- �1. Design.1 In the interest of greserving the existing natural groundwater levels, 12, Exh. A, subsection C.1613-iii. roadways will not be designed so as to cause the significant lowering of the water Comment [C105]: From Code of Laws sec 2- levels existing in the area prior to development. Roadside swales and ditches 12, Exh. A, subsection C. 16.f.i. No changes may be permitted within street rights -of -way where the use of roadside swales can be justified to the County Manager or designee through a written report prepared by the applicant's professional engineer. Swales, where permissible will have side slopes no steeper than four to one and they will not be utilized to satisfy the stormwater quality (volume) requirements of a project's master water management system. Where flow velocities in excess of four feet Der second are gutter to the outer limits of the right -of -way. If seeding is utilized, then mulching in accordance with the Florida Department of Transportation standards will be required. Additionally, if seeding and mulching are utilized, then a strip of sod one foot wide will be placed along the face of the pavement or curb section and over the invert of any approved swale section within the runoff flowway. All swales 55 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C106]: From Code of Laws Sec 2- 12, Exh. A, subsection C.161ii. Changes noted. _ - Comment [C107]: Change per staff: Swale ditches shall be sodded,se� e�sesded a lateral distance extending from the road pavement to the top of the swale ditch backslope 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9A2 Text underlined is new text to be added. - de OF Fevise Bold text indicates a defined term subiect to erosion velocities will have adequate erosion protection in the form of riprap or other applicable like methods. 3. Driveways across Swale ditches. Driveways across permitted Swale ditches _ - Comment [C108]: From code of Laws see 2- must have placed beneath them drainage pipes of adequate size and type 12, Exh. A, subsection C.16.f.iii. No changes. 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. �. Street drainage. Street drainage within the road right -of -way through grassed swales _ - Comment [C109]: From code of Laws see 2- will be permitted for rural cross sections only except where velocities in excess of four 12, Exh. A, subsection C.16.g. No changes. 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 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. b. Percolation areas. the actual area required will depend on the percolation rate for the 27 the County Manager or designee, the collection of stormwater in underground 28 pipes, inlets and other appurtenances for conveyance to an intermediate or 29 ultimate outfall, the following minimum design criteria will be observed: 30 a. The minimum pipe used within a publicly maintained stormwater 31 collection system will be 15 inches in diameter. 32 b. Inlets will be spaced at such intervals and in such a manner to allow for 33 the acceptance of 100 percent of the ten -year, one -hour storm runoff. 34 C. The distance between terminating and intermediate structures must not 35 exceed those required by the Florida Department of Transportation. 36 pursuant to Florida Department of Transportation Drainage Manual, 37 Volumes 1-4 (1987 edition or latest revision). 38 d. The stormwater, underground collection system, must be so designed 39 that the elevation of the hydraulic gradient during a ten -year, one -hour 40 storm event is never higher than the crown elevation of any publicly 41 maintained roadway in the system. 42 e. The pipes must be designed to minimize sediment deposits. 43 f. The pipe materials must meet the requirements set forth in sections 943 - 44 948 inclusive of the current edition of the Florida Department of 45 Transportation Standard Specifications for Road and Bridge Construction. 46 Only concrete pipe or other pipe materials approved by the County 47 Manager or designee may be used in tidal or salt waters. 48 cl. All drainage pipes must be fitted with headwalls endwalls inlets and 49 other appropriate terminating and intermediate structures. 50 P. Stormwater disposal.1The method of ultimate disposal of stormwaters will be dependent_ 51 upon the soil characteristic underlvinq the development or subdivision. All stormwaters 56 L\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C130]: From Code of Laws Sec 2- 12, Exh. A, subsection C.16.g.i. No changes. Comment [C111]: From Code of Laws Sec 2- 12, Exh. A, subsection C.16. Changes as noted below. Comment [C112]: Change per staff: Percolation areas. The actual area require 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. Comment [C3131: From Code of Laws Sec 2 12, Exh. A, subsection C.16.h.i Comment [C114]: From COL 16.h.i(i) -(vii) No changes -- - - Comment [C115]: From Code of Laws Sec 2- 12, Exh. A, subsection C.16. No changes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Text underlined is new text to be added. Text r : keth Fo gh' .. Le .Ielele.i [...... I nr Bold text indicates a defined term will be subiected to treatment for the removal of petroleum residues, oils, suspended solids and other pollutants found in stormwater runoff. The method of treatment will be determined by the applicant's professional engineer responsible for the preparation of the stormwater management plans and specifications, and will be subject to the approval of the County Manager or designee and the concerned state agencies. # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice N/A Section: LDC Changes: 6.06.01: • Relocating language from Code of Laws Section 2, Administrative Code to 6.06.01. • Code of Laws Section 2, Administrative Code will be repealed and replace with the 2013 Administrative Code. Due to dated language, updates and modifications to the provisions were made as noted below. • Revision: 6/5/13 CC i l 6.06.01 Street System Requirements i Curbs /valley gutter. 611 streets must be provided with valley gutter or curbs to provide for_ drainage. Curbs will be required at street intersections and for those areas requiring additional vehicular protection. All required intersection curbs must extend ten feet beyond the radius. �f. Intersection radii. treet 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. U1. Signs he 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. 611 signs must be designated on the construction plans prior_ to their approval by the County Manager or designee. # # # # # # # # # # # # # 57 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [C116]: From Code of Laws Sec 2- 12, Exh. A, subsection C.13.g. No changes Comment [C117]: From Code of Laws Sec 2- 12, Exh. A, subsection C. 13.h. Change per staff: h.. 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 siresls. 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. Comment [C118]: From Code of Laws Sec 2- 12, Exh. A, subsection C.13.I. ix. Changes as noted below. Comment [C119]: Changes per staff: ix.. Signs. The developer must provide and install traffic control signs, street name and speed limit signs. All signs must be of noncorrosive, reflective material construction or of a type approved by the county manager or his 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 his designee pursuant to section 10.02.04 of the Land Development Code. A- sKeet -si@ -will be . 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 his designee. 1 2 3 4 5 6 7 8 9 10 11 12 Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Section N/A and Title: LDC Notice Section: N/A LDC Changes: 6.06.02: • Relocating language from 10.02.03 B.1.i.v (only the second sentence) to 6.06.02 A.7. • Relocating Images 1 and 2 from 10.02.03 13.1.i.v and 10.02.03 B.1.vito 6.06.02 A.7. • Relocating language from 10.02.03 13.1.i.vi to 6.06.02 A.B. • Relocating language from 10.02.03 6.1.i.v (located below Illustration 2) to 6.06.02 A.9. • The language being relocated was included in the SDP submittal requirements in 10.02.03 B. The submittal requirements are being moved to the Admin. Code and the requirements need to be relocated in the appropriate sections. Revision: 6/5/13 CC 6.06.02 Sidewalks, Bike Lane and Pathway Requirements 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. V. 9 A 2 depicted by Illustrations 1 and 2J _ _ - lComment [C120]: From 10.02.03 B.1.i.v. No changes. Comment [C121]: From 10.02.03 B.1.i.v. No changes. i i OONT ao -r//i5 58 lAAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 Text underlined is new text to be added. Bold text indicates a defined term Curls FA&Ars LL 1111111101 A fvr �pON'T VO TWIS I IIII 1111111 III L=—:7 De rN�S 8. Two curb ramDs shall be Drovided for sidewalks and bike Daths 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. # # # # # # # # # # # # # 59 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [C122]: From 10.02.03 B.t.i.vi. No 1 ' changes. J i i i i R A Z (n0 Text underlined is new text to be added. Bold text indicates a defined term Chapter 9. Variations from Code Requirements Administrative Code/ LDC Amendment Overview Admin Code Section and Title: N/A LDC Notice Section: N/A LDC Changes: 9.02.06: • Updating the cross reference to 10.03.05 and creating a self containing provision, similar to the other vested rights sections. Revision: 6/6/13 CC 4 9.02.06 Required Notices for Vested Rights Determination Process, Including Public 5 Hearings 6 A. Within fifteen (15) days of the date of receipt by the county of a completed application for 7 a vested rights determination, the landowner must provide notice of the submission of 8 the application by: a) 9 1L. pProminently posting on the property for which the vested rights determination is 10 sought a sign advising of the substance of the claim of vested rights. The sign 11 shall be posted at least 15 days prior to the date of the public hearing by the 12 planning commission. The sign to be posted shall contain substantially the 13 following format. 14 a. Public Hearing for Vested Rights Determination: 15 To Permit: (sufficiently clear to describe the project) 16 Date: 17 Time: 18 To be held in the Commissioners Meeting Room, Administration Building. 19 County Government Center, 3299 Tamiami Trail East, Naples, Florida 20 2. The area of the signs shall be as follows: 21 a. For properties less than one acre in size, the sign shall measure at least 22 on and one half square feet in area. 23 b. For properties 1 acre or more in size, the sign shall measure at least 32 24 square feet in area. 25 3. In the case of signs located on properties less than one acre in size, the sign 26 shall be erected by the County Manager or designee in full view of the public on 27 each street side of the subject property. Where the property for which approval is 28 sought is landlocked or for some other reason the signs cannot be posted 29 directly on the subject property, then the sign or signs shall be erected along the 30 nearest street right -of -way, with an attached notation indicating generally the 31 distance and direction to the subject property. 32 4. In the case of signs located on properties one acre or more in size. the 33 applicant shall be responsible for erecting the required sign(s). A sign shall be 34 erected in full view of the public on each street upon which the subject property 35 has frontage. Where the subject property is landlocked, or for some other reason 36 the signs cannot be posted directly on the subject property, then the sign or 37 signs shall be erected along the nearest street right -of -way, with an attached 38 notation indicating generally the distance and direction to the subject property. 39 There shall be at least one sign on each external boundary which fronts upon a 40 street, however, in the case of external boundaries along a street with greater 41 frontages than 1,320 linear feet, signs shall be placed equidistant from one 42 another with a maximum spacing of 1,000 linear feet, except that in no case shall 61 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx - Comment [C123]: This section previously referenced an invalid /out of date public notice cross reference. For constancy with the other vested rights sections, all of the notice procedures intended to be included by cross reference have been included 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Text underlined is new text to be added. and intent re'oGated t de or Bold text indicates a defined term the number of signs along the exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the Countv Manager or desianee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has iurisdiction. The signs shall remain in place until the date of either the following occurrences: 1) Final action is taken by the board of county commissioners or 2) The receipt of written notification by the County Manager or designee from the applicant requesting to withdraw the petition or requesting its indefinite continuance. 5. , a. r h ° ^I" and Q 7 thl :eugh A ppliG'hl° and h` 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. # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overvie Admin Code Ch. 6 J Post Take Plan Section and Title: LDC Notice 10.03.06S Section LDC Changes: 9.03.07: • Added language to reference Admin. Code and reorganized remaining sections for clarity. • Included a public notice cross reference • Updated cross reference to CCPC powers in the Code of Laws and Ordinances. Revision: 6/6/13 CC 9A2 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 accommodate site modifications and /or enhancements, designed to cure, remedy, mitigate, minimize or resolve otherwise negative site impacts resultant from public acquisition. 1. The Administrative Code shall establish the submittal requirements for a A Post Take Plan may be s ,bmitf°,- ffi-.r staff review and appreyal and the applicant shall provide/depist the following: a. The boundary ors ecial ur ose surve shall be signed and sealed by a ,brofessional surveyor and mapper licensed to practice in the State of _ - Comment [C124]: updated title 080613 Florida. ---------------- - - - - -- - Comment [C325]: Submittal Reqs moved to i The , bli PFGjeGt . e (puFpase of the 6if' . 4 Administrative Code H Th° n -�ddFess and phORe mh °r of then 61Ifin° firm /c\ n the pla 62 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ~� 9A2 Text underlined is new text to be added. Bold text indicates "defined term 2 3 4 5 eoqe��oRj 8 Va 7 O VOOM 9 10 11 _ - -[Comment [C126]: Moved to Admin. CoLe _J 12 13 14 Comment -- 15 10 17 _-- 10 eb. The appropriate fee oo established uy the Board ofCounty 19 Commissioners. 20 2. The property owner or the County may request the following deviations from the 21 LDC.PUDor Conditional Use requirements, ao may boapplicable: 22 o. Landscape Buffers may bo reduced from the required width ordepth; 23 but shall not result ina buffer of less than fi*+(54 feet in width ordepth. 24 Landscape buffers which have been completely eliminated bythe 25 acquisition may bo replaced beyond thoaoquioitionarea;butuhaUnot 26 result ina buffer of less than fiv**45) feet in width or depth. All required 27 plant materials and irrigation requirements shall remain within the 28 reduced buffer area or shall bo relocated or installed aoa condition ofthe 29 Post Take Plan approval. 30 b. Water management facilities, including retention, detention and 31 conveyance may occupy percent ofalandscape 32 buffer width, if there ioa minimum remaining planting area ofat least five 33 k* feet. 34 C. Required native vegetation, preserve, or open space requirements may 35 bo reduced byan amount not to exceed tep41O)percent. 30 3. Deviations other than those set forth in paragraphs DJ�a.through D.2.4 above, _-- Comment [C129]: For clarity 37 or exceeding the minimums or maximums established therein, may also be 38 oppmvod, subject 0m the following procedures: 30 a. |n addition ho the requirements for submittal of a Post Take Plan 40 established in within 60 41 days of the date of submittal of the Post Take Plan to Collier County the 42 applicant shall also notify property owners in rd with notice 43 procedures established in LDC section 10.03.06 S, SeGtiGR 10.03.05.9.10 44 ao may boapplicable. 45 b. The notice shall: (1) list the requested deviations other than those set 46 forth in paragraph 2. above, or exceeding the minimums and maximums 47 established in that subsection-, (2) provide a brief narrative justification for 48 such deviokion(s); and (3) provide a copy of the Post Take Plan (in 11by 49 50 39 days ef the date of mail' 9, the Post Take PlaR is deem 51 apppove��[_ _ _ _ - - 63 1:\Admin Code 2012\Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Text underlined is new text to be added. TeXt StFikethFGUgh 06 a l.e .1..1..4...1 and C-961P OF FeVigpd Bold text indicates a defined term 9A2 4. Approval Criteria and Process. a. If no written obiection is received within 30 days of the date of mailing of the notice, the Post Take Plan is deemed approved. eb. 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. ISectioR 8.03.01 of the LDO.. Public notice for the hearing , _ - Comment [C131]: This is a reserved section shall comply with LDC section 10.03.05 C , as may be in the LDC. The CCPC powers are in the Code applicable, and shall specifically note the location of the property and the of Laws section 2- 1156 -2 -1164 requested deviations. The CCPC, in considering whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the following: i. Whether the deviation is the minimum amount necessary to mitigate for the impacts of the acquisition, while still protecting the public health, safety, and welfare; and ii. Whether the County or property owner has or will mitigate for impacts from the requested deviation(s) on neighboring properties 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. 45. 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. # # # # # # # # # # # # Admin Code I Ch. 6 G Automobile Service Station Waiver 64 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx � Text underlined is new text to be added. Bold text indiGates a defined term 9A2 2 Comment [C132]: Moving to entire 9.04.07 to 5 U 7 O S 10 11 12 #aO*e 13 Il . Whether OF RGt the nature and type ef natural oF manmade bGURdaFy, S&Uetwe, 14 15 10 17 18 19 GE)I!eGtE)F Fight of way. 20 21 22 23 24 25 26 road right ef way, 27 28 29 —R 14484%* request subn*tal FeqHiren4epts. The FeqLJ86t for aR automobile serViGe station 30 31 wFf#eR market study analysis VAiGh justifies a Reed feF the additio-Ral a-iteme 32 33 34 2. A." vehi%lai: points ef iRgFess and egress. 35 30 37 38 38 5. The site plaR shall a'69 indiGate the layout and type of land --uses the 40 subjeGt pFeperty within 500 feet. The site plaR shall show the layout of the read 41 42 the type of read-, the nwrnbeir ni'l 43 IaReis, mediaR lGGatiGR6 and mediaR width6, fel: a 500 feet distance from thin. 44 eLIbj*rat paFGel. 1:\Admin Code 2012\Current Work\Administrative Code LDC Amendment 091013 for BCC.docx this section identifies the requirements for service stations located adjacent to residentially zoned or residentially developed properties. Moved submittal requirements to Admin Code. _W46V 146 6/5/13 CC 9A2 2 Comment [C132]: Moving to entire 9.04.07 to 5 U 7 O S 10 11 12 #aO*e 13 Il . Whether OF RGt the nature and type ef natural oF manmade bGURdaFy, S&Uetwe, 14 15 10 17 18 19 GE)I!eGtE)F Fight of way. 20 21 22 23 24 25 26 road right ef way, 27 28 29 —R 14484%* request subn*tal FeqHiren4epts. The FeqLJ86t for aR automobile serViGe station 30 31 wFf#eR market study analysis VAiGh justifies a Reed feF the additio-Ral a-iteme 32 33 34 2. A." vehi%lai: points ef iRgFess and egress. 35 30 37 38 38 5. The site plaR shall a'69 indiGate the layout and type of land --uses the 40 subjeGt pFeperty within 500 feet. The site plaR shall show the layout of the read 41 42 the type of read-, the nwrnbeir ni'l 43 IaReis, mediaR lGGatiGR6 and mediaR width6, fel: a 500 feet distance from thin. 44 eLIbj*rat paFGel. 1:\Admin Code 2012\Current Work\Administrative Code LDC Amendment 091013 for BCC.docx nv� Text underlined is new text to be added. Code AF FPW;RPd Bold text indicates a defined term 1 G. AddWGnal GOndIWORS. The -R-7A. cshall have the Fight te add additional GORdit'GRG 9 2 3 4 goals and obje-tives of the 5 # # # # # # # # # # # # # 6 66 I:tAdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9A2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 9A2 Text underlined is new text to be added. relocated to the AdminigtFatmvp Gnap, AF Fevised Bold text indicates a defined term Chapter 10. Application, Review, and Decision- Making Procedures Administrative Code/ LDC Amendment Overview Admin Code Ch. 4 D. Early Work Authorization Section and Title: LDC Notice N/A Section: LDC Changes: 10.01.02: • Adding language to 10.01.02 B to clarify what an EWA allows • Added language to reference Admin. Code • Updated cross references in 10.01.02 B and 10.01.02 C Revision: 6/5/13 CC 10.01.02 Development Orders Required B. Early Work Authorization (EWA). An EWA permit allows for limited development activities before a development order is issued provided all underlying zoning approvals are in place. The Administrative Code shall establish the submittal requirements to obtain an EWA permit. _ _ - Comment [C133]: New language. Added for 1. An EWA permit may be approved by the County Manager; or designee; for 1 or clarity more of the following activities: a. Vegetation removal (site clearing); b. Excavations; C. Site filling; Cl. Construction of stormwater management facilities limited to ponds, retention /detention areas, interconnection culverts, and swale systems; and, 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 s9ection 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 s9ection 4.06.00; Cl. 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 o; 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 67 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. Bold text indicates a defined term approvals. After that time, cleared areas must be graded off and hydro - seeded. Where more time is needed, a new EWA may be requested; k. All preliminary construction activities are at the risk of the developer. C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a conditional building permit prior to development order approval subject to the criteria, limitations, and procedure established in this section. 1. The ECA may be approved by the County Manager or their designee if the following criteria are met: a. A form provided by the Collier County Growth Management Division is submitted that clearly states the developer understands that all such preliminary construction activities are at his /her own risk. b. The zoning designation allows the use. C. The proposed vegetation removal complies with LDC section 3.05.05 -_0, if applicable. Cl. The site development plan, improvement plan or amendment application has been submitted and reviewed and the first review comments are posted. e. The building permit application and plans have been submitted, reviewed and the portion of work to be authorized by the permit has been approved by the Collier County Building Department. f. The portion of work to be authorized for the permit has been approved by the Office of the Fire Code Official and under the Florida Fire Prevention Code. g. Posting of a bond or other surety acceptable to the County, naming the County as the insured, to make certain that any construction improvements, for all phases, will be removed if the development does not receive the necessary final development order approval. The bond or surety shall be in an amount equal to an estimated cost prepared by the developer and approved by the County Manager or designee to remove improvements granted by the ECA permit. If phased permits are approved, the initial bond or surety shall be increased to cover the construction authorized by the phased permit of a subsequent bond or surety shall be posted. 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 °°^+;^^ 1AX5 1 PeFm;+ iRteRt „+ 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 #+#Y43% days of the denial. Failure to remove the improvements within th#tY430} days will result in the forfeiture of the Bbond or surety provided for in 10.01.02. C.1. g. 3. Procedure. a. The ECA permit application shall be reviewed by the Collier County Planning and Zoning Department, the Building Department and the Office of the Fire Official through a combined submission process. 68 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 �61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Text underlined is new text to be added. Text 6trikethpough is GUFFent text to be deleted fmm I PC FL Bold text indicates a defined term b. Failure to receive an approved site plan prior to the expiration of the building permit shall result in the forfeiture of the bond or surety provided for in 10.01.02 C. 1.q. # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.02: • Relocated language from Code of Laws and Ordinances Chapter 2 — Administration, Article 1 — In General, Division 2 — Administrative Code to 10.02.02. • Road construction provisions were reorganized to be in the order of work. Cross references to the Standard Florida Department of Transportation Specifications for Road and Bridge Construction were updated as noted below. • LDC section 10.02.02 was titled "Submittal Requirements for All Applications," however it contained many stand alone permits that are better suited to be consolidated within chapters 3, 4, and 6. These have been relocated as noted below. • Several of the sections contained duplicative information what was noted elsewhere in the LDC. Revised: 6/5/13 CC 10.02.02 Infrastructure Standards and County Inspections Submittal Requirements fGF ntt AppliGations K Road Construction] within 6 inches of final subgrade of the roadway for a street, all underground 9A2 t Comment [C134]: From Code of Laws Sec 2- 12, Exh. A, subsection C.13A - m, L 14-15 . Reorganized to be in 'order of work" Comment [C135]: Replacing "must" Comment [C136]: New language electrical power conduits and appurtenances, and any other utility Shall The , _ - comment [C137]: Replacing "will- installed across the width of the street to the sidewalk area, or provisions hall _ _ -�mment [C138]: Replacing "will" be made so that the roadway or right -of -way will not be disturbed by future utility installations. All underground improvements installed for the purpose of future service connections hall The properly capped and backfilled. _ _ _ _ - comment [C139]: Replacing "will" 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 must be installed during the construction phase of the project. Any casing which 69 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx _ - j Comment [C140]: Updated cross reference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. And i r.., OF Fevispd Bold text indicates a defined term 9A2 _ - - Comment [C141]: Replacing "will" r _ _ - Comment [C142]: Replacing "must" Comment [C143]: New language typical section drawing. The stabilized area must be free of muck, roots and other obiectionable 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 Comment [C144]: New language Comment [C145]: Updated section reference. Section 160 - Stabilizing Comment [C146]: Replacing "must" -- - - Comment [C347]: New language" -- - - Comment [C148]: Replacing "must" 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 1200 hand 011 bf Florida - Comment [C149]: Section 200 - Rock Base Department of Transportation Standard Specifications for Road and Bridge comment [C150]: Section 911- Lime Rock Construction, as amended. )Alternate base courses that meet FDOT Materials for Base and Stabilized Base specifications may be considered and approved by the County Manager or comment [C151]: New language designee. 44 Prime. The base must be primed with type RC -70 bituminous material of SS -1 00 (asphalt emulsion) and shall comply with section 000 bf the Standard Florida _ _ - Comment [C152]: Replacing "must" Department of Transportation Specifications for Road and Bridge Construction. Comment [C153]: Prime and Tack coats for as amended. Base Courses on Asphalt Construction, as amended. preliminary acceptance of the roadway. ssive 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. 70 I:tAdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx -LComment [C154]: Replacing "must" -- - - Comment [C155]: New language Comment [C156]: Section 320 - Hot Bituminous Mixtures - Plant, Methods and Equipment Section 330 - Prime and Tack Coats for Base Courses Updated- included new Section 334 Superpave Asphalt/concrete Comment [C157]. New language Comment [C158]: Replacing "will" Comment [C159]: Section 711 - Thermalplastic Traffic Stripes and Markings Comment [C160]: Section 570 - Grassing (ey Seeding) Section 981 - Grassing and Sodding Materials Section 982 - Commercial Fertilizer Section 983 - Water for Grassing Comment [C161]: New language Comment [C162]: Replacing "will" Comment [C363]: Added an" s" Comment [C164]: Replacing "will" Text underlined is new text to be added. and OnteAt .,w t Ah,. n.+ Bold text indicates a defined term 1 11. Alternative types of pavement, base, and subgrade. Alternate types of pavement, 2 base, and subgrade determined by the County Manager or designee to be 3 equivalent to those specified in this section may be approved. Application for 4 such approval must be accompanied by written data, calculations, and analysis 5 which show, by generally accepted engineering principles, that the alternate 6 types are_egual or superior to those specified. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 materials, and all repairs and maintenance. by an approved testing laboratory and /or professional engineer and certified as to location and thickness measured. a. A tolerance of one- uarter inch for pavement surface and one -half inch for base course may be accepted. AnV deviations more than these tolerances Shall Iresult 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 Constructioril, as amended. �r as directed by the County Manager or designee. The subgrade and base as specified in LDC section 10.02.02 A.4.and A.5, shall be tested for compaction by a certified engineering testing laboratory. Prior to acceptance by the county, a copy of the test results along with a statement of compliance issued by the testing laboratory, must be furnished to the County Manager or designee. It 9A2 Comment [C165]: Replacing "will" - Comment [C166]: Replacing "must" Comment [C167]: Replacing "will" - Comment [C168]: New word Comment [C169]: Replacing "will" -- - _ Comment [C170]: Updated from" ... replace the areas so removed with material and construction to conform to the specifications and to the line..." Comment [C171]: Replacing "will" Comment [C172]: New language Comment [C173]: Replacing "will" 35 designee when construction is ready for inspection. 36 �N. c ^ "' n.me-FitaI n^ +, Q. Submittal Don irel`Per+ I _ - Comment [C174]: Environmental Data 37 i PurrPe^vcve. The of ' + en +ii the inc ^n d fnr -. — mAt of data Relocated to 3.08.00 purpose 38 that is a red +n Feview a pFepesed prejeGt to it meets the land 39 development StAnrlerds nnn+e'ned- vvthin +he 1 a Rd fleyelepment Cnrde 40 2. Preparation of Cnvirnmmzn +el D;;t;; CnvirnmmPn +el rte +e Q- AmARI Reni dr eRts 41 shall he n recd by a nrli „'rl el With aGademin nrerlen+iels aR d 42 the area of envirenmental spieRiGeG Rat rel r nn+ Anerlemin 43 nrnrl en +'nlo anr! a shell he n henhelr.rc nr higher rinnrnn OR of +ho 44 45 . n 46 g. €^`^rnmen +el Data The ell iRfermatien shall be submitted wh 47 . 48 a. dAde +t ^r.Ac 49 50 51 71 I:W,dmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term - -- -- ------------------ 29 30 31 each of the FLUGF=CS Sodes identified sra eno f I GF 32 Qner: e^ . 33 t3. Listed and Bald Eagle Nests and Nest Pret Gfi.,. 7.,..,.. 34 i. Rrevlde a wwldl7fe sw..e fe.- the Rests of bald eagle a d f7a _ o_ listed 35 ispeeies kROWR ±G- inhabit hiGli. iGal ^ ..... 'f6 6- .Sirnilar to these 36 existing en site. The . shalt he _ nrl_Gtea OR _....ere'e.. ` with e; - 37 then irleliRes e. .���., �. �lMf .. f the CI �, Cr h rim_ -a -�. Q GA /'Iril'f 38 39 Wildlife oefvice(l)SFW83— Safvey times may be redUse --er r! where initial habitat e enf by the e eT___" 41 sensaltant indicates tit —the likeliheed of listed spesies 42 eccerrence is low, as determined by the FFWGG and I SPNS 43 Where an initial haNtat assessment y t;e— enviFGRme„tz„ 44 sensaltant indicates that the likeliheed —ef listed species 45 46 the County neener.er ,+e nee ,.,hen the rojent ^G, Feviewed 47 48 Add4b%! survey time may be Fequ'Fed if listed speGies are 49 dissevered- 50 II. P.-e,-,+e a su . fOr listed plants Identified 3 0 ^og—� .°.� .. rya 51 iii. tnrlarfe habitat managemeRt wrrt m�ri ±�r,n l nG i . aaao_a_- ^n 72 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 9A2 Text underlined is new tent to be added. 4ath.FP Cade. OF MYO.Red V Bold text indicates a defined term 1 3.04 nn listed s e aFe � iti"Zipg the be „0+,h `hall requiFed where 2 'Idl'f habitat m ept and m ni +nr'n plaps sete oF where 3 by the FRNGr er IlCrtnlS. These tea; are required plans 4 deSGF'be hew the &eGts incompatible land uses away prGjeGt 5 the habitats. Identify the IG atiGR Gf lie1etc>� listed __ s and de foraging +i and the Inca nn of Rests, _h _ 7 bald le pre+ eaten the na+n ie acts er nest -_..__ -n 8 FLUGFGS fer the site. W�l vegetation el al -.Ath euerlay 9 habitat plans shall he 'RG' ded _n the SDP or final eRt 10 Bald managerneRt aFee plat GORS#UGtiGR plans. eagle plans 11 for g holy+ eagle nests OF nest FeqOred -tea GGn+a;n' protection 12 of ...h'oh shall be innl uded on the CfID OF final pinf 13GORStr GtOOR plans: - 14 e. Native vegetation preservation. 15 nn +:o of rlearnd of native vegetation or For __ sites t— sites er rerat'nn 16 • I+ al deGUmenta +'nn that the parcel /s1 provide 17 gran issued d a +o be ale-red and are with the permit ••. _-• _ 18 19 to be to Ally 2003, dc)GumeRtatwGR permitted Gleared prier provide 20 iR mnliance he 10 re that the areel(s) with year 21 limitation AeRtAed in the nnnD riterO def'n pa +ty previeusly 22 a d de +erm;n in g t nrogesc and gr:+eria for vegetatieR 23 . 24 25 habitats the site, types ef all upland and wetiand OR pFGjeGt 26 to the rinr'fda Land Ilse rover Cnrm6 /`lo- sif.ro +in anrd aGGGFdiRg 27 System `C) ofd .'.de a legenr! fn of the (FLUGF= -Mph 28 CI 11GFGS rode_ 'lit �_ 4_f:_rd_ A__..als apd n erlav 'nfnrma +ion must 29 be legible at the gale Provide Bale lat'n for the provided. 30 of native red to aGFeage vegetation 31 referenced oalnL la +'n and aerials on the SOP I I d the above 32 F' al s+'O. piano In separate r pert demnnG+ra+ OF plat RStn Y - 33 he the reserve tiler tiAA eria puFsuan+ to 3.05.07- have heap firm 34 . pp'cahle i nnL de in thi. v re port en awi, al shewing he Why met . 35 , 36 Rat Ural land feat r leca+ed Gn at al f'M-AAAFaYS ether 37 ab6lttiag properties: 38 ---- Include cite plan the n eat be undap. and the lapel on a separate 39 use designations and eyerlaT6{n +fie Din oFMU ST and 40 A.GS-G ST IRGIude this OR the SDP or f'n;-;' dfilstrqrAs. 41 plat nnn6tg r.tien plapf 42 1nlhe, pr ese vegetation nr nn6ed in lie ation _f Ra Via__-'_._.. c a off site _ r•�r ____ . .. ... L.. -_.. - 43 seater, deen'aR rate that the '+ r.+* p a 05 n7 have sate, o.00.e eft �,�- R,�- R,��eRa -mr- 44 been met and a note OR the enD or fipal plat g n6 +n unten provide 45 'nd'nating the type of dens +inn n eat OF land plaRS (menetan, 46 dopatiop) identified to satst the r en+ Inch de en the Ct1D 47 48 49 . 50 d. r_erveral ° en +al requirements. 51 of aRy CnvGnnmental Assessmen ts apolnr Drevide the 1 results 73 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added Bold text indicates a defined term 1 A ,dito of the property, elenn with a at'..e of the Fneas 2 needed to r.,. ee d.mate if required by CnCD 3 SGOI andior gFGURd water sampling 6hall be required at the time e 4 first development 9FdeF submittal for sites that GGGUPY farrn fiekIs 5 6 courses landfill or junkyards or fer sites wherea,-7-airdooe 7 g ed` were 6 +„red or d where a r t 9 10 11 testing shell be dee+err„'ned by a registered refessional ..ith 12 oy er'enne n the Feld Gf ER.,.vnme tel C'4 A 4 d 13 14 EnVirnnme ^tai Rr..te..^.ti.^. Anene, (EPA) 8081\ and Res . 15 Gen` ati and ReGG y Act (RGRA) a metals using n ird 16 17 Standard OpeFatoRg PFeGeduFe (SOP) FS G 18 suspeGted ef being used form g and at dm6GhaFge ' + of ..4 19 20 21 22 the potentially GeRtarninated 23 Below the root z about 6 to 12 h h below ground rFa 24 as otheFWw6e agre, ed en : th the Fegistered F I itb 25 expermeRGe ,^ the field of En.,... ,.. tal C•+ n t 1 1 a 26 .., er with the EnviFGnmeRtaI Site Assessment, the table 27 State and Federal pollutant levels for the types Of GGRtarninatiGR 28 f^o'a'nda OR s;te and indirate *R the Assessment, when the 29 F.Onta Milian +o a ever these levels. If this analysis has been dene- 30 as part of , En v" i rvin n +al , Aa v tb cn tb c— repvrt sh n a.- 31 submitted. The -vvan ; shall seerdinate with the F=D€Pwhere 32 33 oa site or he a a,, €, ,e rmeRt l � Audit OF F=R ;,o.,.,lepAaI 34 AsseS5e„ent hre, bee submitted- 35 iii. Chorelene de „el.,.,n,en+ mu6t provide e analysis d sfratiRg 36 that the nroieot ,.III 4 f ll fU .rt al for g �y drQ�a_ - -- after aftf4 37 a 6iX inGh rose e level 38 Rrevide +ifi ^e+ f devmat'GR6 frern + I I nr 39 40 V. Where applieable,prov;de— eVldeRC-e of the issdanse of a;l 41 appleGable federal and/or state eii arld gas permits feF proposed eil 42 43 44 C.^.G , as those rules eyd6ted OR january 13 2005 45 e. Other redeen +s 46 ldenti y aRy Wellf eld Ri6k Management Spedal Tfeatrna„t 47 Overlay 7en_6 AA/RM ST) Wth;n the nreivet area and 'd . 48 w .el,. ` for how the n .vet der.ien aids the of •titer, le rd 49 uses : thin the Oct Se c tiye U/RM CTG and well e I with the 50 51 Riot Ma na dery + C l Treatment Overlay Ze n the n CD 74 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 9A2 Text underlined is new text to be added. £. �,.a ._._v -, -_ ,- -the . Bold text indicates a defined term 1 2 StandaFd and DI In r nd G s .,'do a ra te site plan 3 of ZGRiRg map with the projeGt hnU ndarn, nd \n/ellfield Dick 4 Management Cpea'al Treatment OVerla" 7nnec ide Rtif'ed 5 ii. DeMeRstrate that the demon efthe pepesed stermw^ +or 6 maRagemeRt system and analysis of water quality and qua" 7 impae-ts fully iaeerpeFate the - requirements of the \maters 8 Management regulations of 3.07.00. 9 i. €ei sites leGated in the m GypFess -Area of State 10 11 the eat 'c +on+ ,yith the development standards nd 12 regulations in4.02.14. 13 iv. F=eF multo slip deckfacilifies with + °R slips OF mere, @Rd f re : ^n 14 a fadlitie oho.., hew the n ept iS GGRIS.ste.nt yith 5.0 n7 15 RefeF +- tthP- PAanTAtP-P- PFetestiea flan far site spesifie 16 FeguiFementnts nfthhe n�.Patee Prete^ +i„n Plan net np- h -ld-ed 0 , 17 5.05.02. 18 V. Cnr development orders; yAth'n DCM11 sending lands phew hew 19 the n eg +'o +e Rt with each of the plina hle QbjeGtives nd 20 Polides of the (`n noen,a +'n nd Geastal 1l Manage men+ Clemeo+ of 21 the GMP. 22 f ndd41n al data. The GE) n+" ManageF r dec'n Fequire add +'n al 23 data n nferma +'en n n, to evaluate +he pro ads nlion^o el +h 24 I DG and Gnno r en+^ 25 4. DI In zening nd GU pefifie-ns. Cnr DI In r nd GI I pe+itlnno o.. r.liro 26 shall —s °e ate —and --pale applieadle Envirenmental DA- ta�P alp 27 RequiremeRtS 'n +e a single Environmental Impact Statern I /CIC1 I Umen+ 28 29 30 heaFiRgS - Comment [C175]: This was moved to the 31 5. CXeMptier,e Administrative Code, chapter 7.080613 32 a. The Crn;rn en +al na +a Submittal Den en +o mp +'n shall nn4 33 apply to aRy el with a CT er GS-G- CT n erlaU, 61RIess e+hene,loe 34 exempted h., see +inn n n7 1 n 1. 35 b. Single famP„ de +"^herd and tWO family heusirlg structure /e-\ n a let /c1 of 36 record eXsept as ethep se „,de,d at seetien n.02 n4 (..luster 37 development` and +ewl:lhn ses developed an Tee simple 1„tS „n der 38 'd al ership .d ,'eal that fee simple teyyRheuse pltattS 39 ,ed erda,nge with the A-f seg +inn 1.0.02.04. o n 40 These mp +'o shall net apply to the felleU.dno 41 I. 1ll/etlnnd dennea +'n nd n mitt( 42 ii. De +en +'n of native vegetation erdange With Z 05 n7 r 43 iii. Is+ed spedes spice +'n nrdanee with 'Z nn n1 44 G. AgFic 461pal uses. AgFic-alta;al vases that fen With;R min +he seepe efse^ +teens 45 162-2-221^(n�� -eF 823.14(6) F=Inr',da Statutes, provided that the subjetit 46 47 aRy type of FezGRdRg petition far a ied of 25 after the a eU Ilt Ural yeaFs 48 LlSeSGMT ^6e- and prev ded that the c hjeg+ property deec net fall 49 50 d. All nIQAAO Reee'v g I ands nrdanne with 7 03 08 n 7 a /9\ 51 e. n r en +'n al r with n site plan n ed development plan 75 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text stF ke!hFOUgh is --,FFPRt text tp bp deleted from i nr v V V Bold text indicates a defined term 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 M, 9 Comment [e1s176]: Entire Section B. relocated to 4.03.03 apprGve with Gp-.Pd-.itip-.Pq- el: d-.462pprove the request fGr exemption An the terms A the -,nnl'nah"I'ty of this; con+ "en _ _ S —� 4 — _ _ _ _ _ _ __ _ - Comment [el 177]: Exists in .03.03_ _ nerml+ted and aGGe . seir uses olle.ue r! in the rU Fal nnr' _..If ral rl Str'nt A .rl ,n _ _ _ _ _ omment [els17S]: Exists 4 .03.03 A. C Innuterl yAthln n designated riG Jfi lFal nn the f ro luny f .., .. ^y ,.,.... .,.y..........., u�� .,..,.,.,.., .,,, .. ,.�., �� � „gym ZGRIRg atlas ent c gle family dwellln rl n farm laher he.0 lS'n hjent fn nGtians 03 00 and 5.05.03, shall he exempt from the Fequ rements and from the Fequ onto anri n nerii ireS for final s bdi ii Sinn plats nri where required S bdiy' entS a entemnlateei the neSt'n of S hri'. i' _. Reseed. 3. ResP.pled 4. Re and 76 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. and intent Bold text indicates a defined term 24 25 20 27 28 23 30 31 82 33 34 35 36 37 ou 30 40 41 42 43 44 45 46 47 48 49 50 51 k 9A2 _-- 77 /mdmio Code onoCurm WomXAdminimrative Code moAmendment 091013 for BCo.doc, Comment Comment [els182]: Exists i .03.04 Text underlined is new text to be added. Text ..,r* DC and ntent relocated to nlilkl.IE� Bold text indicates a defined term • 1989, Shall net be exempt • • • see "lot of FeGeFd" in _ •• •• • • . Rural area subdivision requiFemeRtS. 7 a. Dee - All - - in ten 9 GOVERNMENTAL AGENGY, INCLUDING GO 1-1-.iF-=R COUNTY, SHALL IMPROVEMENT ANY • FDr ROADS, STREETS, 13 EGRESS TO THE PROPERTY HEREIN GQNVEYED." 14 b. Building permits feF ruFal subdivisk)RS. Building permits Will net be • G. AGGeSs agFeeFRGRt. 18 and reeorded at the e GffiGial FeGE)Fds of Collie 19 County. The Felease - -- - 20 by the GOURty 23 i. Went fiGatiGR of the PFOpeFty by legal deSGFipt;GR and tax parcel _ 33 34 V. n s+-, +e,me,r,+ rn.n.firming that any development orderissued by 35 Collier County n +'rZ ^+ n of ,.h m of arress 4a4 36 GGRtY;n 4 `!f'^ d Sdaimer from ry ^ii; ^r CGun+ e!uf;n + the CrC .,r ; �� 37 .....n+ obligation for the eseR± or future Mai.RteR..RG., .F 38 upkeep of c nh meaRS of n 39 �i. n c+o+omon+ of release holding roll' ^r (`o nfi, harriziless in 40 perpetu ty for mo'n+on-,nro of c MeaRS of -.000c ' 41 vii. B^, n+ nn of the vv +nn+ and c e-' of'e�"+' m onc fnr r., . 4, to 42 the o of a s he'll proposed by the ., n'I'o^.n+j meaRS 43 viii. fl^,.` n +,eR of the utilities, „GlHd R for example, .u±^ .,.. 45 by rawer r,, n+„ era n o [Nn.] 89 06 rrnd^ ,.h 22 -.r+ Vln 46 kney',n as the Collier County StandaFd HOUSiRg Cede, or its 47 SUGGeSSOF in f. , n+ n 48 ., {X n c +o+^mon+ of the nnl"nnn+'o intent to ^ ^ for have ins +ll G[ 49 and Pay far n c of oh f'I' +'o required ape rl h„ law, ' 50 e, W. n c +n +mn.,+ of re,le ase, hold Rg /'`oilier (`n nh, h-,rmlo c 51 r, o + +„ form 'nf^n"n of c oh litmesi 78 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [C1841: Relocated to 4.03.03 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. longted V V Bold text indicates a defined term I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 - Comment [C185]: Chokoloskee Island reqs relocated to 4.03.03 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 r 1 Text underlined is new text to be added. Bold text indicates a defined term statement of release heldiR Gelber Ge ph. harmless ' VIII. De°_ pe of the utilities, el`diRg feF example, water, h _ telephone eler+r'wity, wh'nh shall s e the preperty ' d X. A c;t;;tep.ep+ of the pplinan+'s 'n+ent te arFaRge fer, have 6tal eQ.,II r+ Y n ' statement of Fels e hold's Gelliar vv ,nh. harmle nerpe +i ,ih. fer m :n+enn of s ,eh tilif'es• Wl. A state°..._^+ +h`+ r.erm:+_ fra all state and fede al . have a f' pplinan n The e r eSpen .. s'h'I'+ +e determine if 6 ,eh p 'f Re elel the 6'birh eF the r + ....,....a.� j �., .,....,� ..°..°,N.ae�'., .j ... �, upPrrvai is d. Leh^ Gate Estates le'. d'Y;6,GRS.:^.rh°., 5 aG . . ! r 1� rooldeR G� + Nc+ Cc+.,fes , hdi..ided irltp 214i�S ...he e 4 of the lets is net OR the exlstiRg Fight of way, the 9..,,.,, „ oat° a,...,,_.,.,...,.,.,e...e r t to and t n h - .,a., � wag, -, the . Gel ::h iGh 06 RGt OR the Fight of way. The_ + ITIUSt h at least 20 feet in .dd +h ' n "v v d +epd of least 160 feet in +e the eth Iand InnLed let. , The e,vnf 6hell pFey'4o f49F a to the let, r'1 naf'sfie the fFE)Rtage n+ 112. bet Splits. he further spk erd+y+sle F a let el�, -'n,,,^t f FeGerd ' � Splits' L � _. �° ���-_, _ _ - - Comment [C186]: Relocated to 4.03 with Lot Line Adjustments subsequent development orders r deyelepmenf permits he' d eF pFepeFty +e he split de ie+ipn all existing lot dimeRliiielzis, all r lines, all n en +s of re e.rd en the ,hies+ prepeFty, apd the preseRt zeniRg pd land use elass'f'aa +inn of +he subject property, as well as all pe.+'nen +..a Fd e fcomment [els187]: Submittal requirements, j aeeess fe the Fes. If'na perwels Frem the p ,hli gad t �� l Qoo�.,., ,., ,..., ..,,,.,.,,,,� r.......,.... ,...,,, ,.,., N..,,... . .............�. ♦ i, relocated to the Admin--- demensfra+ed and where n may Fequire apppepFiate + f - - -.- - -- - 80 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C188]: Moved to 6.01.05. C.1 through C.3 moved to the Admin Code Text underlined is new text to be added. e name r...+e ,. Bold text indicates a defined term 1 2 3 mod' + Central D +' �� B AD 1 n1 1� 627 pp. 6 301 +hrr. gh 6 500. 4 5 quality Gritera GGRt2ined 'n 17 302.510(F) F n r"` 6 8-- 7 8 SE? tmGR IV, Codes 441, 442, ono and an subsequeRt supplements therete. 9 10 d/ Qr1D h f d l n+ n site al +e a +'e oho el'n nd /n 11 Urldeveleped coastal barrier are OLIViRed in seGt;c)n 8.06.03 4 ef this GGde. 12 Em ReStFiGtiGRS GR issuaRGe Gf appFeved site plaRs and GeFfifiGates 13 i. Dreh'b' +'e 14 a N site rla other deyelo ea+ permit shall be issued nr ronewed..and OF 15 RG rF'f' a+ of eGGUpaRGY ssued by the Geller GG Rty Building 16 v o ar+ n+ fer regulated de„elnnmeRt which .. 9uld ;;IJA i aRy 17 d VI en+ e .) +, RGtFUe n„ nr , h e of se e n n eaRg ,., _ v .elatieR of +he c +andards n 18 of this seGt;o„_ 19 20 rs+s__d .. . _ _la+_ r, f +he rehibi +'n of this oe`- + .. .n are d_e_merd to be 21 I'd d `hall ± firm vest a v develeamen+ Fight n V ner+ i amm J, 22 + + en the AwnerloneFateF regulated develenmen+ E)F 23 F Requests fer In+ernre +a +'eaal - - ------ - 24 -. I ' +' +' n + .. tatiG... b v e gu ested by , affeofed n- -- _s•den+ 1i 25 develepeF, 1and GWRer, geveFlIrneRt ages , -r derar+m_n+ , , _ --n ha 26 + a + al 'n+eres +'n land in Collier ('n n +v 27 2. Droeed 28 a. C' h of rrequest f_ ipteFpr-etatiep. Requests for n +e e +a +'e 1i,�4� 29 be Mb,,,•+ +_d + the fie Hehi Manager r his .designee GF nh'ef building 30 GffGial ( "effi` als ") a form e sMhl;ohRd by h m Cash request �st 31 'd „+'f. the V speGfiG land d_ _ _1 m g of onde er building rode Pita +inn to 32 be „R+ + rd CY`h request fn. .n +g_ .ire +a +:n..... -o+ he ----. _...eid h_v 33 the appropriate fee __t f .. r+h , the f__ . ___I -+ _. -d +_d by the Board � 34 f ( + Gemmmssieriers. I Inder a ms+anoes may the request far 35 + +a +;en ,.nr, +a:,, mere +haR 3 issues - g eStiGRS. It m -S+ nom+ } 36 a Si gle q_.._-ys_ +'e With mere +hag Qo °..h issues E). °° +,o.. If it is 37 d +.,... Red by the +_- _ff._._..I that the request VV f_. ...+_ -+_ +._R 38 P-ent@ins mere than 3 ssues, the applicant will herequired +e _i -hm:+ a 39 separate request aeeempanied by the a nlieable fees 40 De-f".m.4p,a4en of ",, nleten sin Mer reGeipt of a request fn _ . . ..e e he s41 + Fnrn4M+ n +he anor nr .ate of ^I -s+ d 4e. .._ ah+h+ .1-1. 1 _.. - + 42 ale+e If the a +e nff'e'al de+erm n s that the request is nn+ 43 Ga„ I + he must serve a ._r;+ +en nn +,g n the annrrant seen fi,'ng the 44 d f,_._.._._ . The appropriate ofFo al ../II +a Ls , n , o f -,r her an +o _n the — 45 + f , n+nrnre +at ei f n +;I the de o:_.. _.__ are remedied. d T 46 I. N 4oa +(n of affeGted .,renerh, ..., r Whe. a site oner'f'r 47 iriteFpFetatiGR has been requested h., a arty other than the 48 49 r that aR ;n+ernre +at'en has been requested e_..__.... g +heir 50 pro 81 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Comment [C189]: Deleted. EAC provisions are in the Code of Laws 8.06.03 N is a reserved section Comment [C190]: 10.02.02 E — Relocated intent moved to 10.02.03 A.2 Comment [C191]: 10.02.02 F.1 and F.2.a. - Relocated to 1.06.01 D. Comment [C192]: 10 02.02 F.2 .b and F.2.c have moved to the Admin code. Text underlined is new text to be added. Text s f keth.,. _ ,. h^ Bold text indicates a defined term I:Wdmin Code 2012 \Current WoWAdministrative Code LDC Amendment 091013 for BCC.docx ' 9A2 Comment [C193]: 10.02.02 F.3. has relocated to 1.06.01 D. - Comment [C394]: F.4. a. has moved to the Admin code. Comment [C195]: 10.02.02 F.4.b. and 5.a. has relocated to 1.06.01 D. ral into nrnta +inns of the hu uldin.. no.J n_ (_rn..hh MaRagn + Pa 23 nn+', nr La Rd Development GGde of the 'n +oro +�,+ n Rd al + N "• 24 i .. frame shall ho -,dyeF+"co.J n of n al I-,+" the 25 GOURf.. ny. For 'nternretat "o affent'nn a n'f'n nl of land, t' f 26 the 'nternretat'n nd appeal time frame shall he advertised in 27 Re sparser of gene I n'rn lat'on an.+ ma'I nefne of the 'n+ +at' n 28 29 the lour! fnr ...hieh the 'n+e rnrn +a +'n e, t iv 30 31 Sebnty Manager nr his es'nnee r the building Of Gal _ _ Base ...... ra as the ... 32 be shall r nffnnt f'I n the a 'a +e GGde seGtmGR d d + 33 re+atien GF rat "I such +'me as the iRteFpFetatiGR is a4nnted eY'f rl 35 ra 'en +e a A I+ of an anneal to the Reard- of 7enina Appeals ,sa/n 36 37 n ai „i a ial entity ident ified .n en +'nn 10 02 02 r 1 ahn „e P.M.P.A. +he t'm 38 ra the in +ernreta +inn 's enered and the time the Grn 'ate era t' 39 nded _ n the ease of an eal rat I S..eh ± Me as the Beard of 40 %nninn Anneals and /nr building heard of adjustments anra appeals has 41 its ,,,,d, Rg, Re furtheF request fnr'nternretat OR arrrnn the 42 same issue shall be m'+tora 43 5. Appeal te Beard Gf ZGRiRg Appeals OF building bGaFd ef adjustmeRts ar4d 44 appeals. 45 46 47 48 , 49 50 appeal the {nterp Feta +inn to the building bead of ara' stments anri 51 appeals fnr mat +ors roles +inn to building era +eshn'nal nn.+es as she,.,n in 82 I:Wdmin Code 2012 \Current WoWAdministrative Code LDC Amendment 091013 for BCC.docx ' 9A2 Comment [C193]: 10.02.02 F.3. has relocated to 1.06.01 D. - Comment [C394]: F.4. a. has moved to the Admin code. Comment [C195]: 10.02.02 F.4.b. and 5.a. has relocated to 1.06.01 D. Text underlined is new text to be added. d he a r..a,. .. _ ..a a Bold text indicates a defined term 1 IdW 6wGR 1.19 9F to the BE)aFd Gt.4GR'Rg Appeals ter all 2 Cede. Per the puFpese6 Gf 46 3 defined- as aR O__.,er of property Ie_Nte�d within 300 feet of then pert. a _ property 4 P f the Iand for u.hirh the 'ntnrpretat'en efferti.ee An aggrieved n Pries ,.� the ....�.... ...� ... .. �- ....._. . r .. ............._ ..__... ... _cam.. -. -_ - 5 6 6uffer aR ud a 6e effert to a .:n +erect proterted er furthered by the Gellier 7 8 cod r 1 The alleged ad ,nte, __+ may be sha ed 'R __......_n With 9 ether members of the GO,,,,,,Mn'+.. at large but shall n eed in degree }ho 10 11 �b A 7 t fep al hall be filed 'n f ir'nn C rh request shall state the ^rr a 12 13 d ether baiskup , f ... .Nt. , , ,, support f +h appeal!. oe IA fee few the. 14 appkatieri and pF(DGessiRg of aR appeal shall be established at a rate set 15 by the Beard Gf GGURty GOMMISSilDRers fFE)M time te time and shall be 16 `ha d + w d aid by the nnl'ran+ The Beard of 7nn;nn Anneals er the 17 18 held a advertised n hl'r hear; n R the anneal anew shall r-_..sider the n o nn 19 + retatieR of +he GeuRt . PAN. ger r his de nn__ _, rh of building .,...,, .... _ ., ... Nom_. .. des .. . -- -- - 20 of 'al hiGh _ s ppl'eahie _Rd p hl'e testim . n 1 "nh+ of the nrn�.hh 21 „+ la the future I1 and ____ p the Gede er the off dal , �.,..... ., .. 1a Rd Nom, ...- ---- _.._ .. _._.. 22 ZeRiRg atla r buildirig cede related matters, `"v'hichevel: is nnl'rohl° 23 The Beard Of ZeRiRg Appeals OF the building board ef adjUStMeRts arld 24 25 designee' s nr `hief building off _tai's interpretation whichever is 26 27 iRteFpFetatierl. The Beard of 7ep'pn Anneals er the building heard gf 28 adjustn,ems 2Rd appeals, iver is a pi Gable, shall not be authGFiZ 29 te medify et the (`e. my Marl ge,- r his designee _ chief ej., ��. the ,. ,, ,., .... Nom,,. N .. ___. �..__ -�P_ .. 30 building eff dal's nterpretat'op nless su`h hoard finds that the 31 d teFmi. ,Nt. „ ._ r,n+ v needed by substantial r_ ne +en+ eyidenee_ or that 32 the 4 tat'en `entrap, to the nro,.Ah mM, semen+ plan the future 33 , 34 ,e.h'rhe.,er pl'rahle 35 G. Ti ;'e 1';;'', ;t,^^tc^, pp NIA rAn„ a pn al that ha n+ he °n rted , pep h.. nr.ene e a e �n a 36 37 determined to he withdrawn and r elled nless extended by the BGGM 38 Further review aRcI a_t._....n the appeal will require a Rew - rpl.patmGR 39 66ibjeGt to the then ourrtnAt nede 40 TFanspeFtat& 41 a. ReFPese. 42 a. The p, rpose of this sea +inn 's to n , +line the minim, m r° 'r n„eme n fs far fhe 43 44 statement VA.'rh is required to he submitted as part of a develenmen4 45 will: 46 47 rde"Fle Rd p red, r el ,fien 2003_41Q as a„ be 48 ameRded frem fime to time 49 lH 1 Innr. mit+al of any SDP CIIDA DD l l ate ;stered engineer shall 50 s�it°A�� 83 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 - Comment [C196]: Moved to Admin Code. - Comment [C197]: Relocated to 1.06.01 D. Comment [C198]: Relocated to 1.06.01 D. - _ - Comment [C199]: Deleted. Already covered 1 in 6.02.03. J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 9A2 Text underlined is new text to be added. TeXt StFikethingugh is 61=1t I'll, Bold text indicates a defined term Comment [C200]: Moved to Admin Code in lost of all GE)FRFFlitFFlP-.RtF; WAWqfiin.4,� the identified sections and Glossary GGFFlMitFReRt(6) a rtii en +O n l Off + f + id +'f' A as a G9FRFnitmeRt h' h have he YO mp lOted ,�, di h as + I + er erd+aaases- # # # # # # # # # # # # # Administrative Code/ LDC Amendment Overview Admin Code Ch. 4 1 Site Development Plans, etc. Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.03: • Updated and clarified language • Reorganized section to follow the order of work and review. • Relocated provisions within the section for clarity of process. • Included SIPs and SDPAs in timeframes for construction and a valid permit. Revision: 6/7/13 CC 10.02.03 Submittal Requirements for Site Development, Site Improvement Plans and Amendments thereof A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts on those resources. theFeen- 2. Applicability. All development, except as identified in LDC section 10.02.03 A.3. , is subject to the provisions of this section. The repFeCO^ts the isele eOwpt'vn rrrrtherefFe rr 84 (:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ' 9A2 Text underlined is new text to be added. is GUFF9At text I, be deleted be... I DG ....a... Adrn6 dsti,. vrta ....................... .� .....................- .. - - -�. .�..s-- Bold text indicates a defined term 1 �. No building permit or certificate of occupancy shall be issued except in _ - - Comment [C201]: From prior 10.02.03 Bs - 2 compliance with the approved site development plan, site improvement Violations and from 10.02.02 E. Restriction on 3 plan amendment thereof,, lor pursuant to an approved Early Construction issuance of approved site plans and COs 4 Authorizatiod permit. - _ - Comment [C202]: New language 5 Ib. No final local development order shall be issued or renewed for any __ - fComment [C203]: Modified and relocated 6 regulated development that would allow development or change in use from 10.02.02 E.1.a 7 in violation of the LDC. 8 6. 1811 final local development orders issued in violation of the LDC are _ - - Comment [C204]: Modified and relocated 9 deemed invalid and shall not confirm or vest any development right or from 10.02.02 E.1.b 10 groperty interest on the owner/operator or regulated development. 11 dI. iolation of the terms identified in the approved site development plan, _ - Comment [C20s]: Relocated from 10.02 03 12 site improvement plan, and amendments thereof shall constitute a 13 violation of the LDC. 14 3. Exemptions from Site Development Plans and Site Improvement Plans. While 15 the following land use activities shall be exempt from the provisions of LDC 16 section 10.02.03, they are not exempt from other provisions of the LDC such as, 17 but not limited to, landscaping, tree removal, development standards, and the 18 submission requirements attendant to obtaining temporary use and building 19 permits unless otherwise stated in subsection 10.02.03 A.3. 20 a. Single- family detached and two- family housing structure(s) on a lot(s) of 21 record except as otherwise provided at section 4.02.02 (cluster 22 development). 23 b. Townhouses developed on fee simple lots under individual ownership, 24 provided that a fee simple townhouse plat is approved in accordance 25 with the provisions of LDC subsection 10.02.04- B.2_a.4- 26 C. Underground construction; utilities, communications and similar 27 underground construction type activities. 28 d. Accessory and ancillary facilities for a golf course such as restrooms, 29 irrigation systems, pump- houses where an pFelimiRa early work 30 authorization has been entered into with the county except where a site 31 land alteration permit is required by the LDCe. 32 e. Construction trailers and storage of equipment and materials following 33 issuance of a building permit for the use to which said activities are a 34 function of, exGept as ethepMse pFavided by pursuant to LDC subsection 35 5.04.03_ E==Model homes and sales centers, except as otherwise 36 provided by LDC section 5.04.04. 37 ^I f. Project entryway signs, walls, and gates ^^�I Comment [C206]: A guardhouses is a 38 �9� ��9 g I na a ro P osed for the project in conformity ith LDC section 5 06.00, j Y------- structure and they are included in the SDP on 39 _p - -_ - - -P- - ------ - - - - -- _: sign regulations and standards. _ the right -of -way. 40 de...,t.,pment 9F site impFeye m ent PIaR Comment [C207]: Often signs are included 41 h. Neighborhood parks, subject to the approval of a conceptual site plan on SDP, however, they are not required to be. The building permit will be checked for setbacks 42 depicting, on a 24" by 36" sheet, all site clearing; improvements, including 43 fences and walls, playground equipment, walkways, picnic areas, and 44 play areas; and minimum Code landscaping (irrigation will not be 45 required). For the purposes of review fees only, this plan shall be treated 46 as a conceptual site development plan, and the applicable review fee 47 shall apply. 48 i. Minimum landscape buffering. Under certain circumstances with 49 neighborhood parks, there may be underlying health, safety and 50 welfare concerns that necessitate deviation from the buffering 51 required in section 4.06.02. The County Manager or #is designee 85 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Text underlined is new text to be added. Text WikelhMWgh is G11FFen!f0t!,!8 Bold text indicates a defined term 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 tail 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. the nhe..e land use aGtm oties shall be exempt #E)m the PFeV'G'GRS f�_seiat o oZ these land use nnti.dtins w e s ,h'eet to all tither rep! _r of the '-;-;Pd lemmernt Cede s ieh as but net limiter! to •lanrlseanine (with the e enFe f listed above), tree .`...G.al development standards, ;Rd the - -- - ultural Exemptions. Due to its location or minimal impact on surrounding )rties and probable minimal impacts under the site development plan N standards contained in section 10.02.03 13.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 4 s 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 SE. addressing the application requirements deemed necessary by the County Manager or his designee shall be submitted to the pPlanning and Zonino dDepartment for review and approval. 4. School Board Review Exemption. B. 4. Standards for Site Ddevelopment and Ssite Improvement Pplans standards. The County Manager or his designee shall review and consider all site development plans and site improvement anrd site development plans in accordance with the following standards: 1. a. Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space, common 37 facilities, conservation /preservation areas, or common lands to ensure the 38 preservation of such lands and facilities will not become a future liability of the 39 county. 40 2. b Development compliance with all appropriate zoning regulations and the 41 growth management plan. The ingress and egress to the proposed development 42 and its improvements, vehicular and pedestrian safety, separation of vehicular 43 traffic from pedestrian and other traffic, traffic flow and control, traffic calming 44 devices, provision of services and servicing of utilities and refuse collection, and 45 access in the case of fire or catastrophe, or other emergency. 46 Notwithstanding the requirement to comply with the foregoing provisions, the 47 depiction on a PUD master plan or description of access or location of access 48 points in a PUD ordinance, does not authorize or vest access to the major road 49 system. The location, design, capacity, or routing of traffic for any specific 50 access point will be determined by, and must comply with, the regulations for 51 site development in effect at the time of site development plan approval. 86 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 _ - Comment [C208]: Intent relocated above 10.02.03 A.3 Exemptions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. T . .�,FOug�. . te.n ... �,.. _w„i,,.._,a_ a........ .._.,._...__ ._ ..._.._.......__. _..._ Bold text indicates a defined term 3. s. The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed development, considering vehicular and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, screening and landscaping. 4. d- Adequacy of recreational facilities and open spaces considering the size, location, and development of these areas with regard to adequacy, effect on adjacent and nearby properties as well as uses within the proposed development, and the relationship to community -wide open spaces and recreation facilities. 5. e. Adequacy of the proposed landscape screens and buffers considering preservation of the development's internal land uses as well as compatibility with adjacent land uses. 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 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. 9- 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. 10j Outdoor serving areas shall be explicitly detailed on the site plan, showing layout of chairs, tables, benches, bars and other serving area features as may be requested. The plan shall clearly indicate that the location is unenclosed and provide information on hours of operation, whether or not live performance music/amplified sound will be provided as entertainment and the approximate distances of all adjacent residential zoning districts or residential uses within 2500 feet of the location. a. i. The County Manager or designee may require additional landscape buffering beyond LDC 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. i♦. 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. i+i. Notice of such denial shall be promptly mailed to the applicant for the site development plan. The Aapplicant and staff will meet at their 87 UAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. Bold text indicates a defined term 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. ia. 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, additional buffering, sound attenuation devices, limitations on hours of operation, requirement of a vestibule, walls, and relocation of dumpsters. e. V. 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 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 Qepartment 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. 13D. Site Development Plan Requirements (SDP). aad reqWiFeFRea A pre - application meeting shall be conducted by the County Manager or his/her designee; prior to the submission of any site development Ip an eremite for review. This meeting may be waived by the County Manager or designee upon the request of the applicant. 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. g. Transportation system, sidewalks, and pathways, including all ADA information. 88 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ' 9A2 9A2 Text underlined is new text to be added. a a _ _ V Bold text indicates a defined term 1 h. Stormwater management plan including all technical specifications and 2 design computations. 3 i Utility information including existing and proposed facilities. 4 i. Trash and recycling information. 5 k. Building plans. 6 I. Information from the Fire Code, including Fire Hydrant Flow test report, if 7 applicable. 8 m Information from the Standard Building Code, including type of 9 construction, number of stories total square footage under roof, 10 occupancy /use and fire sprinkler intentions of all proposed structures so 11 that a fire flow may be determined. 12 n. Site construction plans, including all technical specifications and desiqn 13 computations. 14 r. Any additional relevant information as may be required by the County 15 Manager or designee. 16 2. Projects subject to the provisions of LDC section 5.05.08 shall submit 17 architectural drawings that are signed and sealed by a licensed architect 18 registered in the State of Florida. 19 3 The engineering plans shall be signed and sealed by the applicant's 20 professional engineer, licensed to practice in the State of Florida. 21 4. The landscaping plans shall be signed and sealed by the applicant's landscape 22 architect registered in the State of Florda. 23 _ - - Comment [C2091: Moved to Admin Code 24 25 26 fG `ale n _ net.+r:zeed c+e+emen+ of e_ _ _ _ _ rchin nlnnrly rlmmenc +ratinn 27 28 shell also ___Rt g ota _eed let+e of o1 tho1lzot,on froom then o� 29 E) / \ ede ati Rg the RRI•rgn+ c the anent or +inn nn buzh ^If of +ho 30 ewaer{G} Y 31 b, cotp edo oln ten+ Rle ^ c; +e ede elnnmen+ nlgn aRrd :everchne+ 32 pFepaFed en R mg 'm1 6aze sheet me curing 74 rhea by 36 the 33 34 I. Tihe fnlln,.ln . i Fn Fp;at'n. • shall be ce t fnr+h an the 35 fa \c The r + title aRed the R...... -�ddFess aR d nhnne _mh 36 f the firm eR+ n g +he plans and the n 37 a drlress; eRed +elenhnne number of the n nerfie n 38 /h\ 7eR•ng edesig Rate of +he , shier+ R erty In the event 39 that the n Remy Oc Reef DI Ill /DlgRned I Ini+ 40 DeyelnnmeR +1 Rame of the DI Ill and the n mher of +he 41 or,d•R apppeviRg the r a +n PI ID 42 fr1 \Pr'Rifie m rleaFly ident'fyiRg the InrM +•n., of the e 43 de „elnRmeR+ RRed its reletienchip +e the c IReding 44 seaity, 45 46 47 prapeFty 9F pmpwties. 48 .. The fnl'GWw Rg iRferrno +•n shall he oe+ forth eR +he cite 49 . . . . . !R apd�eF 9R a separate data sheet used 50 xGl m ely fer that n 89 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx zo 27 28 29 Text underlined is new text to be added. Bold text indicates a defined term 30 a-08. GO 31 32 acUaGent 33 an adjacent Fight of way 9F right of way easemeRt. 34 Nerth arrew, wale, and elate 35 (G) A parl(i ,.hall 36 T; emise. 37 II\ Te ee hreL dowR by 39 40 41 aable). 42 (v) Number of spaGe6 provided by use. 43 (d) The fG"OWing � GFFnn+,G., ,,,ws+ GI�,a the 44 � .. 45 46 47 GGGUpaRGY/use and fire 48 rnrinkleF ;n +en +:e„ reef, of 4n e.e.ed e.+ + ��... .... _. ... _.. _ . Y�.eNv.aa.v�aTavcv��v 49 that 'a needed f Fe flew e, be deter ea_ 90 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 '9A2 Text underlined is new text to be added. rid StFative Code OF FevFsed Bold text indicates a defined term 34 arid its re +inn fre.v. pedestrian +roffe 35 36 /' INdin related buildings golf nO:......, areas, 37 tennis r+6 eelo e +e 38 --= + -- d ,. -ne e al Gons 6 i,._ rs•e of an ::o±2r and 39 image Fo+on..+iede +en +i,.n .. a.__ as well as an 40 ex'6tin and .. ...nisort on +s and atoms ... 41 r line s. *n {en `- ded +e serve a +he ideyelenmen+ 42 (x) LGGatiOR d general enf' at n . of SUGh nM +::.,°l 43 feature6 as pre6epvatwen/GGRsepvatien areas, water 44 hed'e nd we+landc 1 45 (xi) e..e +'ID .. of e...- J-- -- -_ - - --° lanes fire hydrant 46 ndary fire IaRe .. 47 48 (xiii) I eeM +fen of +rwch enr31e61 1rc_s. / \ I eee +fen end heights of nreneced \• glls er feRGes. 50 ( ) n rn +e dirRenoie s ..ih;rh ORGI de the felleyAnrr 51 i. All building setbaGks. 91 LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 } Text underlined is new text to be added Text stFokethFOUgh eted Bold text indicates a defined term 92 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 '9A2 Text underlined is new text to be added. f. ...I ..... T h is oh.. 1 DG reInGated to the Administrafive Code or rev sed Bold text indicates a defined term vim_..._ _ GGRtF91 elevatiGR(S) and 2 eveFflew I .ati ! 1 (rnferepoed to the Nemeth 3 AmeroGan Vert Yl na+ 1. 9-8-8 (NA-VD '88), latest 4 5 ! "1 Twenty l J f' a /3 slay design diSGharge at ppptrnl 6 s +r Gtur e(s). 7 10 04.ono a GGFRpleted SGhoei Irnp@G+ Analysis /clnl 9 !GGatiGR rRap and review fee. 10 ii. n' g.+ aI may., e...+ . f .. site development pl._ns- A site Repeated below. 11 de'Ve!GpMeRt plan shall also be d g tally Created 12 opn ROM disks. ^II data shall be delgveFed in the Ne.th � ^ciii °cric'aFl 13 Datum 1983/199n (nlnnKiW) State Plane aG)erdinato s ,s+ 14 15 16 @GGE)rdaRGe Wth GhapteFs 977 and 472 of +he rinrAn Statutes nll 17 iRfGFPRatOE)R `hall ...__+ Minimum Tephp pal Q+a RdaFds as- 18 establashed i Gha t 61GI7 of +he CleFida Administrative Ge 19 C =I Tstia ICI be iR a Digital CEXGha ye C to ;nYC1 forma+ 'nfen:na +;n 20 21 onln! + r !"`I edge pf pavement coo eta.) 22 G. LandSGapiRg plan. n la rl p plan ,Vh'ph shall pop+a'n the felleWing. 23 24 shall 25 fat (' a h' mhnl to 'Rd Gate ea h type of plant mat _ 26 /h1 Rotanioal n 27 (G) r;emm 28 29 (e) Height d ri of `aGh type f plant .. -t-. _al. 30 31 ii6 111 + +' f a +' Ill +rat' i 'pformat'ep GGRSiStiRg of thee 32 33 !a1 The IGGat nf'a rat'pn .. _ aemen+ of all and arrap 34 35 FefleGted OR the site play 36 /h1 The ' atiG and diMe s,).,s of MII prr.pr,sed'andsr pe,-1 37 .. ... +h appropriate nraph'p . mhels i .al ri_n_ __ __st:n J 38 free that are being ed ted toward the developmen t's 39 landsGap p requirements, 40 tE LE)GatieR and GGRfigHPat 'n of all c 'al or +e..+ red n 41 afeas. 42 (d) ore"' s for site gat OR. 43 (e) Any additieR21 relevant iRfGnmatieR as may be FequiFed-by 44 the Ga p+„ nnanaaer r his designee 45 46 shall be FequiFed + the e., +ep+ ReGessary, as determ Red at the p __ 47 appliGatiOR meeting, 48 SpeGiGS of the fellr., ;Rg: 49 I. Upland, tIand @Rd estuaFiRe vegetatien ...nl -drop prah; biter) 50 a +a ,.eta +ia per) using CI I lrGrc terminnlen„- 51 jj. n + of „ege +"trop dept f ed fer p a+ en. 93 hAdmin Code 2012 \Current WoMAdministrative Code LDC Amendment 091013 for BCC.docx '9A2 Text underlined is new text to be added Bold text indicates a defined term ... PR�eGtIS GORtaiRing the fGHOW61219 6hall ppGvbde a 661FVey Of 2 ideRtifying Spedes and IGGat'ORS Gn a GUrrent a i 3 a scale of 1 'RGh equals 200 feet E)r !aFger OF 6161peFirnposed OR the 4 60te pIaR: 5 (a) PlantS 6peGified to remain in plaGe or to be traRlSplanted4e 6 other lc)GatiGRS on the property aS 6pedfied in th 7 appliGable development order. 8 (b) Spedmen trees designated by the BGG, pursuaRt tO 9 seder 3.0509 10 (G) State ar federal rare, threatened er endaRgeFed plan 11 spedes suFveyed aGcordiRg to aGGepted Florida Fish and 12 Wold"fe GGRsepiwation Gommisskm er U.S. Psh and WmIdWe 13 SePVbGe Fnethads. 14 (d) EXiStiRg tFee6 that may be Gredited towaFd the 15 developmeRVIS Iandsraping requireirnent&. 16 P.f. FoF pFepesed site alteFatien(s) within the coastal ZGRe as depided 17 on the future land U6e rRap, iR addition te the foregoing 18 FequiFernents, the vegetatien inventery shall depic-t the GategeFies 19 ef *FnpaGt iR aGGOFdaRGe with seGtions 3.03.03 3.03.04. 20 e. Aerial phote. A FeGeRt aeFial phete shall be provided at the same 6GaIe as 21 the MaR de"ReatiRg the develcipmeRt beuRdaries, unless waived + +h 22 pFe appkat•on FneetiRg. 23 f. DeRlSity bORUS. in the eveRt a resideRfial bGRU6 as requested, as pFevided 24 fOF OR the gFevAh management pIaR, a eertified suirvey that Glearly 25 'llustFates the leGafion and FelatiORship of the developmeRt to the 26 . . . . 3te aGtMty GenteF and the related aGtivity band shall be Fequirec� 27 9. Building plaRG. RaRS shOW"Rg pimposed building fGGtPF'RtS, spafial 28 relationls-Op tO eRe alPlethel: YAeR there ape multiple buildings and 29 building heights. 30 h. SGiI eF96*E)R and 6edwFneRt GE)RtFOI plaR. A soil emlsiOR and sedimeR 31 GORtFOI plan pursuant to seGtiGR 10.02.02 abeve. 32 i. 1Rffa6tFUGtLiFe impraveMeRtG plans. DetaRed GR site and off 64-e 33 --rifir-ast-ri-liature impFevemeRt plaRs and GORStFUGtian dE)GUmeRtS pFepaFe" 34 G-P-nfn-.rrnaRGe with the deS'gR standards of SeGfians 10.02.04 and 35 10.02.0-5 and aRy onto my GUR Grd'RaRGes, regulatiORS, PG"G*es and 36 PFOGedures whiGh GGRS*6t of, but are RGt Prnited to, the falloWng iterns: 37 I. A Gever 6heet sett'Rg feFth the develepment Rame, appliGaRt 38 Rame, name of eRgiReeFiRq firm, and ViGinity map- 39 ... Imprevementls for wateF and 6e ieeded or as may 40 ified dWing a pr , bpmeRt pIaR 41 d ilPl GE)RfGFMaRGe Wth Gelimer Ge6inty GFdiRaRGe 42 Ne. 88 �6as ameRded. 43 lmprGvemeRtS fE)F roadway, motoF vehwG!e and ReR meterized 44 G 0 FGUIati9R, iRgrelss and egFess, paFking and ether transpeFtation 45 Reeds, ORGIuding tFaffiG GaIMiRg deviGes, requiFed or as may have 46 been speGified dUFORg the pfe"1914Pa)4:60te develapment plan 47 �d *R GGRf9FmaRGe with the GoW 48 ISubdivisbn de ts 49 (f@F PlAIPPOSSS Of thiS FGqWiFGFR8Atj all FGf8FGA68Q 50 Gobinty GonstFi-16-tion St--d--d - '- " -WN,asen" should be 51 -----d- t-- .—e@R d-welepFReAt, %Oere appineable and appFOPFi8t8/)- 94 1:\Admin Code 2012\Current Work\Administrative Code LDC Amendment 091013 for BCC.docx • '9A2 Text underlined is new text to be added. Te...- is GUFF_.._ teXt tO be fFeFn t - ee V 'Bold text indicates a defined term -19 �Xv4wor Cuts =J til 11.1 t7oN7 do 7Ni5 I1' t70 TNlS 10 1H.—ti.. oa 11 v TWG be fer and bike at GUFb ramps shall pmvided paths 12 iRte PSe CuFb . _ nc shall be a each s+ vet GGPRep ef an ,G,.. 13 qRGhes and shall nn+ F...` at n Fatie nroa +or ,,,; ,, width 14 thaR d b +h` CI rl fnr building ..._____,h;l'+ _de ...., ... .. .. _ .._, _ _ GUFF_ as ,,...+I,, . 15 GG,,StFU +i^ . 16 C-5 F—M A LJ tl 1114 ptl J _�Illll� 1111 Iilllll' 17 18 G _ _ alas shall be r Fed net n n ;Rte FSeG +;n �e iheFe the 19 disc + the + IL gFeateF +h 1 000 foot I , _ Comment [C211]: Criteria. Language and 20 _ I ., ..,m + f ,- t r n � noo�io�t ., Images moved to section 6.06.02 21 22 23 24 requiFements (fn: n wnn000 of this ^ _..._n+ all FefeFeRGes Mi 25 26 sheldd be read to mean develnnmen+ whore- 27 :R I:\Admin Code 2012 \Current WoWAdministrative Code LDC Amendment 091013 for BCC.docx Wit tom; Text underlined is new text to be added. r Bold text indicates a defined term 1 Manama McRt n'S+rlGt Pales, Ghapter49€ 4, 40 € -40 and 49€ ;4, 2 3 yk} All n 'ry Stag arr and special - details + r with 4 paFagpaphs (iii) (v) abave. 5 6 to be perfel - - - - - - - - - - - - - - - - - - - _ _ - Comment [C212]: Changed to: Citation to the 8 infrastructure l cimprovements o be constructed 9 state and Ir al laWS Rd r la' 10 11 #el lewing 12 13 lakes, aFShes features, 14 15 16 Vie. 17 18 p, AVD). 19 20 viii. Sideways and bile laRes. FeF all prejeGtS - _ 21 Ne ..., 24 of the - - - -- 25 26 27 eRgiReGF shall provide o pl. tie r+•f' at as + the 29 30 1 31 xv. Sidewalk r aFki a The Th.dint. fFGFR the h L- f +h sidewalk to 32 33 Sheuld 34 the a hoside leaded +he, must be at least 23 feet paved 35 36 ens ,rp that n.nrke d . nhiGle will r + + f }h pedeistFialPl 38 39 GE in+ .,rrr„ ,al and ether r-n e '++' g ., m d + +' related items, 40 41 ..'qth the site development plan: 42 } Cln l non Y +mnn+ Of C +aI PrateGtieR WateF J seweF 44 ii. €xsavatiGR n m + appliGatiainl. 45 i+i. A NetiFeElf !RteRt [NOI] +„ issue either a G!c da n 47 48 49 50 development plan apprGval. 96 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx _ - - Comment [C213]. Covered in 6.06.02 Sidewalks, Bike Lane and Pathway Reg, _ - - Comment [C214]: Relocated below A ent [C215]: Criteria. Moved to LDC 4.05.04 and 4.07.02 and renamed ential off - street parking" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. and ^ Bold text indicates a defined term 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: i. 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 reauired. 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. 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. b1 Performance securities for site development plans In the case of MUM-- family the developments with individually owned units which are served 97 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 - I Comment [C216]: New language Comment [C217]: New language Comment [C218]: Relocated from below, 10.02.03 R Text underlined is new text to be added. ti� _ V,Vw,V V to ,Bold text indicates a defined term 1 by subdivision type improvements i.e. driveways which function as 2 access roads and drainage improvements the developer shall be 3 required to post a performance security in a form as outlined in LDC 4 section 10. 02.04 F. . Calculations for the amount of the 5 security shall be determined as outlined in ILDC section 10 02 04 F The_ 6 performance security shall be accepted by the county prior to the 7 issuance of the first certificate of occupancy for the site development 8 plan. Upon a satisfactory final inspection of the improvements which 9 shall be no later than 24 months from approval of the site development 10 plan, the performance security shall be returned to the developer. One 11 year extensions may be granted by the Engineering Services Director. 12 d'F + ry:r 13 C. Completion of site development plans. Upon completion of the 14 infrastructure improvements associated with a site development plan 15 and prior to the issuance of a certificate of occupancy, the engineer shall 16 provide a completion certificate as to the im rovements together fwithl all 17 applicable items referenced in LDC section 110.02.05 13.2. ig. mss 18 Sede Upon a satisfactory inspection of the improvements a certificate of 19 occupancy may then be issued. 20 E. Site Improvement Plan Requirements (SIP). 21 21. Criteria for Ssite improvement plan review. Submittal of A site improvement 22 Ian may be reviewed under the site i; , Feve eRt plan (SIP) p Y „r,,,..,,,,� , N.�,�,or, � rev`,- Presess if 23 the development proposal meets all of the following criteria: mss= 24 a. The project involves a site which is currently improved with principal 25 structures, parking facilities, water and sewer services, and defined 26 ingress /egress. 27 b. The proposed use will not require an expansion of the existing 28 impervious areas to {a} degree which would require an engineering 29 review or otherwise affect on -site surface water management facilities as 30 may be documented by waiver letters from the South Florida Water 31 Management District or Collier County where applicable. 32 C. Written documentation from appropriate agencies acknowledging that 33 water and sewer services are available at the site and are adequate to 34 serve the proposed use. 35 d. Public utility ancillary systems in Collier County will be permitted as 36 insubstantial changes to the Site Development Plan or Site Improvement 37 Plan approved for the water treatment plant, wastewater treatment plant 38 or other facility to which the public utility ancillary systems are 39 subordinate, provided that the requirements of Section 5.05.12 are met. 40 More than one (1) ancillary use may be permitted with one (1) application 41 provided that all uses are connected by the same pipeline. The 42 insubstantial change submittal shall include a signed and sealed 43 boundary survey of the property or lease parcel; a copy of recorded deed 44 or lease agreement; a recent aerial photograph of the project area; a 45 master plan showing all public utility ancillary systems subordinate to 46 the main water treatment plant, wastewater treatment facility, or irrigation 47 quality (IQ) system; and a site plan prepared on a twenty- four -inch by 48 thirty- six -inch sheet drawn to scale and setting forth the following 49 information: 50 i. The project title, utility owner, address and telephone number. 51 ii. Legal description, scale, and north arrow. 98 I:Wdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 _ - - Comment [C219]: New language. Replacing "this Chapter of this Code" _ - - Comment [C220]: Preliminary Acceptance of Required Subdivision Improvements by County Engineer or designee. - The submittal reps, including: Completion Certificate, Applicant's Inspection Report, Release of Lien, Conveyance Instruments, Construction Plans and Record Drawings, Digital Submissions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. �a e a e V vVV v V Bold Vtext indicates a defined term 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 #ais designee. 2. Application for site improvement plans. A pre - application meeting shall be conducted by the County Manager or designee, prior to the submission of any site improvement plan for review. This meeting may be waived by the County Manager or designee upon the request of the applicant. a. The Administrative Code shall establish the process and submittal requirements for site improvement plans. b. Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida. C. The engineering plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. d. The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida. e Site im ent nlaa Glubmi +tal and—review. n site im ant plan setting forth the fglIeWiRg iefermaAgn I. Thee est title PFGpeFty a address and telenhnne n mbar ... I e al decgrint;gn shale aad aerth n . 7gning design" +;ea of the sy bjent site end adianent cites one! the I ggaFg and d'm of agness paint(G) +e the cite ifii Parking s matriX form ndisa +inn the r red and building a sib ;lity features W. I nna +'n dimensiaen nd snnfig watign gf evicting water I AAAtinn of trash ennlgsi yrec as to size, ntity, and type of vegetating stru Gt gyres i atr ;v form . Any add ; +i..nal relevant infr.rma +ieyn as y be r red by the Geu Rty Manager or his designee 3. (Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance 99 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added Bold text indicates a defined term 1 of a certificate of occupancy, the applicant's engineer shall provide a completion 2 certificate as to the improvements, together with all applicable items referenced 3 in LDC section 10.02.05 B_2.G.3. of this Gode. Upon a satisfactory inspection of 4 the improvements, a certificate of occupancy may then be issued. 5 7 by subdivision type 8 9 10 10.02.04 B. 3.e. of this Code. GaIGH'atienis foF the amG6lRt ef the SeGwity 11 shall be GlPtPrmiRed- —as outliped "R this GhapteF of this Code. The 12 13 of the first of eGGupaRGY fer the site devellopmen 14 plan. Up of the 15 16 17 18 G. 3--- Amendments and insubstantial changes. Any proposed change or amendment to 19 a previously approved site development plan shall be subject to review and approval by 20 the County Manager or kris designee. Upon submittal of a plan clearly illustrating the 21 proposed change, the County Manager or 4 s designee shall determine whether or not it 22 constitutes a substantial change. In the event the County Manager or his designee 23 determines the change is substantial, the applicant shall be required to follow the 24 review procedures set forth for a new site development plan. 25 1. Site development plan amendments (SDPA). A substantial change, requiring a 26 site development plan amendment, shall be defined as any change which 27 substantially affects existing transportation circulation, parking or building 28 arrangements, drainage, landscaping, buffering, identified 29 preservation /conservation areas and other site development plan 30 considerations. 31 2. Site development plan insubstantial changes (SDPI) The County Manager or 32 his designee shall evaluate the proposed change in relation to the following 33 criteria; for purposes of this section, the insubstantial change procedure shall be 34 acceptable where the following conditions exist with respect to the proposed 35 change: 36 a. There is no South Florida Water Management District permit, or letter of 37 modification, needed for the work and there is no major impact on water 38 management as determined by the Engineering Services 39 Director 40 b. There is no new access proposed from any public street, however, 41 minimal right -of -way work may be permitted as determined by the 42 Transportation Planning Directo 43 C. There is no addition to existing buildings (air- conditioned space) 44 proposed however a maximum area of 300 square feet of non -air- 45 conditioned space used for storage, or to house equipment, will be 46 permitted. 47 d. There is no proposed change in building footprint or relocation of any 48 building on site beyond that needed to accommodate storage areas as 49 described in LDC section 10.02.03 F.2.c.er -3 above. 100 hAdmin Code 2012 \Current WorklAdministrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C221]: Relocated above. Text underlined is new text to be added. na ^ Bold text indicates a defined term 1 e. The change does not result in an impact on, or reconfiguration of, 2 preserve areas as determined by the Natural Resource 3 Director er,tal s rrore ^ter. 4 f. The change does not result in a need for additional environmental data 5 regarding protected species as determined by the Natural Resources 6 Directoren„mF ^ ^^neetcl s.,NiGe6 d ?r°stor 7 g. The change does not include the addition of any accessory structure 8 that generates additional traffic as determined by the Transportation 9 Planning DirectoEtFanspoFtatien planRiRg diFeGtGF, impacts water 10 management as determined by the Engineering Services 11 Director°^^i^°°o ^^ dii: or contains air - conditioned space. 12 h. The change does not trigger the requirements of LDC Ssection 5.05.08 13 as determined by the County Manager or his designee. 14 i. There are no revisions to the existing landscape plan that would alter or 15 impact the site development plan (as opposed to only the landscape 16 plan) as determined by the landscape architect. 17 H1. 4. limits for review, approval, and construction of Ssite development plans, 18 site improvement plans, and amendments thereof. time limits for re.•:^,.• a ^val andd 19 east+ea 20 1. a —Site development plans,,4SBRs) site improvement plans. and 21 amendments thereof, will remain under review so long as a resubmittal in 22 response to a county reviewer's comments is received within 270 days of the 23 date on which the comments were sent to the applicant. If a response is not 24 received within this time, the application for the site development plan site 25 improvement plan, and amendments thereof review will be considered withdrawn 26 and cancelled. Further review of the project will require a new application subject 27 to the then current LDCEede. 28 2. ice— Approved site development plans, site improvements plans, and 29 amendments thereof--'c shall remain in force for three (3)-years from the 30 date of approval, as determined by the date of the _1;W approval letter. If 31 construction has not commenced within 3 years, the site development plan 32 approval term will expire and the SDR approval of the site development plan. 33 site improvement plan, and amendments thereof is of no force or effect. An 34 amendment to the SDP may be applied for and may be granted prior to the 35 original expiration date, so long as the proposed amendment complies with the 36 LDC requirements in force at the time of the SDP amendment submittal. The 37 SW d t shall , e...`.... ,,, effeGt for 3 yeaFS from the date of appFeval ac pDTCRIIG. �• 38 dt te...,iRed by the date of the cnD a...eRdFReRt a - •aI le#er Two_year 39 extensions for the approved site development plan, site improvement plan. and 40 amendments thereof may be granted. A 41 maximum of Wm42)- extensions may be granted before an SOR amendment is 42 required. 43 3. G. Once construction has commenced, the approval term shall be 44 determined as follows. The construction of infrastructure improvements approved 45 under as site development plan site improvement plan, or amendments thereof 46 SIDP oF SDP AmendrneRt shall be completed, and the project engineer's 47 completion certificate provided to the Engineering and ERV'r ^ ^m^ ^ * ^' Services 48 Director, within 30 months of the pre- construction conference, which will be 49 considered the date of commencement of construction. Two =year extensions to 50 complete construction may be granted. A maximum of two extensions may be 51 granted before an amendment is required and the extension is reviewed for LDC 101 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Comment [C222]: Adding SIPS to the time frames. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 P'. Text underlined is new text to be added. elnnAted to the AdministFative Code OF revised Bold text indicates a defined term 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-%BRer -SBR r°me^dFReR R approval term expires the site development plan, site improvement plan, or amendments thereof -SDP is of no force or effect. t - _ - Comment [C223]: Relocated above, 10.02.0 A.2.c Cede. I. 6M Electronic data requirements for site development plans site improvement plans, and amendments thereof. After the final site devellepmen plan has been approved by the County Manager or tuns designee for compliance with the LID '44&4ede 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. # # # # # # # # # # # # # 102 1AAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Text underlined is new text to be added. Text 'L 4. ed i.em I Il and anteRt FeleGated to Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Ch 5 C PSP, PPL, CNSTR, FP, Plat Recording, Vacation of Subdivision Section and Title: Plats LDC Notice N/A Section: LDC Changes: 10.02.04: • 10.02.04 was completely rewritten. • The requirements, review process, exceptions, approval process were all integrated and the language was not clear. • Provisions were reorganized within the section and it was organized to follow the procedural order of work and approval. • Provisions were added because they are common procedures, including Minor Final Plats, Construction Plans, and various types of changes to plats and plans. Revision: 6/6/13 CC 10.02.04 Submittal Requirements for Preliminary and Final Subdivision Plats This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3, 4, and 6. A Requirements for Preliminary Subdivision Plats (PSP). IA 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. i u _r 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 10.02.00.1 c.l Integrated phased developments. A preliminary subdivision plat application shall be submitted in accordance with this section for any integrated phased development. 2. Application for preliminary subdivision plats. a. The Administrative Code shall establish the process and submittal requirements for a preliminary subdivision plat. lb. A preliminary subdivision plat shall include the entire property to be subdivided and recorder). and sealed by a professional surveyor and mapper registered in the State of Florida. 103 l:\Ndmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Comment [C224]: New language] Comment [C225]: From prior 10.02.04 A.4.c Comment [C226]: Modified. From prior 10.02.04 A.4.c Removed reference to PUD applications. 080613 Old language: "however, the zoning or planned unit development application and the preliminary subdivision plat may be processed concurrently at the written request of the applicant to the County Manager or his designee. " Comment [C227]: Modred. From prior 10.02.04 AAA Comment [C228]: 10.02.04 A.5: A preliminary subdivision plat application shall be submitted in accordance with this section for any integrated phased development, n�ss the integFated phased development is within an final subdivision plat thereef has beeR fesefded- Comment [C229]: From prior A.2 A Preliminary subdivision plat shall include the entire property to be subdivided. Added "and recorded" Comment [C230]: Relocated from A.2 The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. Text underlined is new text to be added. ha- Bold text indicates a defined term of the LDC. The decision to approve with conditions, or deny the preliminary 9A2 - - 4 Comment [C231]: From prior 10.02.04 A.i.c _ - - Comment [C232]: Updated cross reference. Formerly, cross referenced section 10.02.02 of the LDC 10 Amendments Any amendment to the approved preliminary subdivision 1platI , _ - Comment [C233]: Modified. From 10.02.05 11 submitted by the applicant shall be reviewed according to the standards A.5 12 established in LDC chapters 3. 4 6, and other provisions of the LDC. The County Comment [C234]: Replacing the term 13 Manager or designee shall have the authority to approve amendments to the "desired" with submitted and "utilize" with 14 approved preliminary subdivision plat provided those amendments are based according to 080613 15 on generally accepted sound professional engineering principles and practices 16 in the state. Amendments shall be made prior to the processing of the 17 construction plans and final subdivision plat. Requests for amendments shall 18 be in writing in the form of an amended preliminary subdivision plat and shall 19 provide clear and convincing documentation and citations to professional 20 engineering studies reports or other generally accepted professional engineering 21 services in the state to suhstantinta tha amPnrtmant rani iactarl 22 5 Conditions .1 The County Manager or designee has the authority to approve _ _ - - Comment [C235]: Existing language from 23 requests for substitutions to the design standards contained in the LDC provided 10.02.04 A.3. Minimal changes. 24 those requests are based on generally accepted sound and safe professional 25 engineering principles and practices. Requests for substitutions shall be made in 26 writing and shall provide clear and convincing documentation and citations to 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Prepare and submit to the County Manager or designee the construction plans and final subdivision plat for at least the first phase of the proposed subdivision Each subsequent phase of the preliminary subdivision plat shall be submitted within 2 years after the date of written approval of the immediately preceding phase of the proposed subdivision. a. Extensions. Two 2 -year extensions to submit the construction plans and final subdivision plat shall be granted for good cause shown upon written application submitted to the County Manager or designee prior to expiration of the preceding approval. When granting an extension the County Manager or designee shall require the preliminary subdivision plat be modified to bring the project into compliance with the LDC at the 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 adversely affect the feasibility or desirability of the preliminary subdivision plat nor shall the County be estopped to deny any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning. 104 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx - - - Comment [C236]: Modred and relocated from 10.02.05 A.I. - - - Comment [C237]: Existing language from prior 10.02.04 AA Minimal changes. Text underlined is new text to be added. and intent Bold text indicates a defined term 1 IB. Construction Plans and Final Subdivision Plats PPLs . Construction glans and final 2 subdivision plats are commonly referred to as "plans and plat." 3 1. Generally. Final subdivision plat approval by the Board of County 4 Commissioners is required before a final subdivision plat can be recorded. 5 a. No final subdivision plat shall be approved by the Board until the 6 construction plans have been reviewed and accepted by the Count 7 Manager or designed, except for a minor final subdivision plat pursuant_ 8 to LDC section 10.02.04 D. 9 b. The review and approval of construction plans does not authorize the 10 construction of required improvements which are inconsistent with 11 existing easements of record. 12 C. The required improvements shall be completed prior to recordation of the 13 final subdivision plat unless the applicant files a subdivision 14 performance security as identified in LDC section 10.02.04 F with the 15 County. 16 d. Where approval of construction plans and final subdivision plats will 17 lead to the level of service for any public facility being reduced below the 18 level established by the growth management plan for Collier County, the 19 County shall deny approval to proceed with development until the 20 requirements of LDC section 10.02.07 have been met. 21 2. Application for Construction Plans and Final Subdivision Plats. 22 a. The Administrative Code shall establish the process and the submittal 23 requirements for construction plans and final subdivision plats. IFo r 24 projects incorporating townhouse development on fee simple lots. 25 additional submittal requirements are required and identified in the 26 Administrative Code. All requirements established in this section shall 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 '9A2 - - j Comment [C238]: New language Comment [C239]: From prior 10.02.04. 8.3.a Comment [C240]: From 10.02.04 B.2 also apply to townhouse development on fee simple lots. I _ - - j comment [C241]: From prior 10.02.04 BA Construction plans for all of the improvements required by this section _ _ Comment [C242]:10.02.05 E.1 licensed to practice in the State of Florida. b.1 Final subdivision plats shall be signed and sealed by a professional _ - Comment [C243]: From prior 10.02.04 B.5 surveyor and mapper registered in the State of Florida. The final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177 as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. dH The final subdivision plat shall conform to the approved preliminary - _ - Comment [C244]: From prior 10.02.04 B.3.b subdivision plat and shall constitute only that portion of the approved preliminary subdivision plat which the applicant proposes to construct. 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 _ - Comment [C245]: "All" replacing "Any" 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: Comment [C246]: Added "storm" to Streets. �idewalks`lpavinq, grading, and stormwater stormwater for clarity 080613 management (drainage); - - Comment [C247]: New language ll. Bridges and Culvert - - Comment [C248]: New language 105 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. ARd 0. Bold text indicates a defined term 1 iii. Water and sewerage systems, including where applicable water 2 reuse /irrigation pumping, storage and transmission /distribution 3 systems: 4 iv. Street lighting. Plans for streetlights shall bear the approval of the 5 utility authorities involved. If the street lighting system is to be 6 privately owned and maintained by a propertv owners' association 7 or similar entity, it shall be designed by the applicant's engineer 8 V. Landscaping within public rights -of -way, parks recreational 9 areas: and 10 vi. Parking areas. 11 County Manager review of construction plans and final subdivision plats. 12 a. The County Manager or designee shall review and evaluate the 13 construction plans and final subdivision plat in conformance with the 14 LDC, in particular sections 10.02.04 B and 10.02.04 C. and F.S. ch. 177 15 The County Manager or designee shall review and evaluate the 16 construction plans and final subdivision plat in light of the requirements 17 established in the LDC and Administrative Code. Based on the review 18 and evaluation. the County Manager or designee shall approve approve 19 with conditions, or deny the construction plans and final subdivision plat. 20 If the construction plans and final subdivision plat is denied then the 21 final subdivision plat shall not be submitted to the Board until the 22 construction plans and final subdivision plat have been approved or 23 approved with conditions by the County Manager or designee The 24 approval of the County Manager or designee is subject to Board approval 25 noted below. 26 b. If the constructions plans and final subdivision plat are approved or 27 approved with conditions by the County Manager or designee the County 28 Manager or designee shall recommend that the Board approve. approve 29 with conditions, or deny the final subdivision plat. If the County Manager 30 or designee denies or places conditions on the construction plans or 31 recommends denial or conditions on the final subdivision plat he shall 32 state reasons and cite the applicable code or regulatory basis for the 33 decision. 34 35 ' 9A2 _ - - Comment [C249]: 10.02.04 B.3.a: b. Intent maintained, however language was rewritten /reorganized. From prior 10.02.05 A.2 1 - - - Comment [C250]: Prior 10.02.05 E.2s 36 remain under review so long as a resubmittal in response to a county 37 reviewer's comments is received within 270 days of the date on which the 38 comments were sent to the applicant. If a response is not received within 39 this time, the application for construction plans and final subdivision plat 40 review will be considered withdrawn and cancelled. Further review of the 41 project will require a new application and the appropriate fees paid by the 42 applicant. 43 d. Digital submission. After the final subdivision plat has been approved by 44 the County Manager or designee for compliance with the LDC as 45 provided in this section, the applicant shall resubmit 5 certified sets of 46 the approved construction plans along with approved copies of all 47 reauired county permits. The applicant's professional engineer shall also 48 submit � Set of digitally created construction /site plan documents 1 disk_ , _ - - Romment [C251]: Added "set of to improve 49 (CDROM) of the master plan file, including, where applicable. Sentence Structure 080613 50 easements, water /wastewater facilities, and stormwater drainage 51 system. The digital data to be submitted shall follow these formatting 106 I:\Admin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. dp'eted s.om i nr Bold text indicates a defined term 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 maipper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in n AutoCad (DWG) or IDigital 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 reauisite annotation) shall be drawn on a unique information laver, 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 laver. Example: lot dimensions — Lottxt laver. 4. Board approval of the final subdivision plat. a. Following approval or approval with conditions by the County Manager or designee, the County Manager or designee shall place the final subdivision plat on the consent agenda for its next available regularly scheduled Board hearing. The Board shall consider approval of the final subdivision plat together with the approval of standard form. Construction Maintenance Agreement, and approval of the amount of performance security for the required improvements based on the estimate of probable cost. b. If all members of the Board consent to the recommendation of the County Manager or designee, then the recommendation of the County Manager or designee on the final subdivision plat shall remain on the consent agenda and the final subdivision plat shall be approved. If any member of the Board objects to the recommendation of the County Manager or designee or otherwise requests discussion on the recommendation, then the recommendation shall be taken off the consent agenda and may be discussed or scheduled for a subsequent hearing date. After due notice of the hearing to the applicant, the Board shall hold a hearing on the final subdivision plat. At the hearing, the Board shall consider the County Manager or designee's recommendation and shall take evidence and testimony in regard to the final subdivision plat requirements identified in LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC. The Board shall approve, approve with conditions, or deny the final subdivision plat. If the Board of denies or places conditions on the final subdivision plat, it shall state reasons for such denial or conditions. C. Approval of the final subdivision plat shall not constitute acceptance of public dedicated facilities. Acceptance of any such dedicated public facilities and responsibility for their maintenance shall be by separate resolution of the Board of County Commissioners. See LDC section 10.02.05 C.3. 5. Insubstantial changes and amendments to construction plans and final subdivision plats. a. Insubstantial Changes to Construction Plans (ICP). Following approval by the County Manager or designee of the construction plans, the applicant may request insubstantial changes to the construction plans. 107 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 _ - Comment [C252]: New language for mapping purposes. _ - j Comment [C253]: From prior 10.02.05 A.3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 l, 9A2 Text underlined is new text to be added. Text 6tFikethF9ugh is GIIFFIt�fO Gndp OF FPVi9Pd Bold text indicates a defined term i. Application. The Administrative Code shall establish the process and the submittal requirements for an insubstantial change to the to LDC section 10.02.04 B. I - Comment [C254]: This is for the engineers b.1 Following apprOval by the Board of the final subdivision plat, but signed and sealed construction plans. recordation, the County Manager or designee may approve minor - Comment [C255]: From Prior 10.02.05.A.4.ix insubstantial changes to the final subdivision plat. Insubstantial changes No application... are insignificant to the proiect, such as a correction or change on the cover sheet. C. Following approval by the Board of the final subdivision plat, but prior to recordation, the Board may approve amendments to the final subdivision plat. This is commonly referred to as a "PPLA." 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. _ - Comment [C256]: This is for the surveyors I6. Relationship of Final Subdivision Plats to Site Development Plans. No site signed and sealed plat. development plan may be accepted for concurrent review with a preliminary -' Comment [C257]: From prior 10.02.04 C subdivision plat. Once the preliminary subdivision plat has been approved, C.-updated language 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 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 , _ - comment [C2s8]: From prior 10.02.04. subdivision plat by the Board, the applicant shall submit the final subdivision plat to the County Manager or designee for recording. comment [C259]: 10.02.04 6.3.b lb. IReguired improvements to be completed. The improvements required for ,' Comment [C260]: From 10.02.05 A.1. the final subdivision plat shall be completed within 18 months from the date of approval by the Board unless a written extension request is approve by the County Manager or designee. d. 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 110. 02.04 A. . Required Improvements. Ihe following improvements in this section are required in conjunction with the subdivision and development of any and all property pursuant to or private, required to serve the proposed development shall be constructed by design shall be vepared by a professional engineer. 108 1:1Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C261]: This ties it back to timing of development for phased development, starting at the PSP process (which is mandatory for integrated phased development) Comment [C262]: 10.02.04C.12 Relocated from 10.02.05 E.3. This section was modified to reflect the required improvements identified in the estimate of probable cost. The section was reorganized and identifies the cross references in numerical order. Out of date provisions were not retained. Comment [C263]: 10.02.04 CA from 10.02.05 E.3.g Comment [C264]: 10.02.04 C.2 from 10.02.05 E.3.i Comment [C265]: 10.02.04 C.3 from 10.02.05 E.3.n.i Comment [C266]: 10.02.04 C.5 from 10.02.05 E.3.e Comment [C267]: 10.02.04 C.7 from 10.02.05 E.3.h Comment [C268]: 10.02.04 C.8 from 10.02.05 E.3.d Comment [C269]: 10.02.04 CA from 10.02.05 E.3.c Text underlined is new text to be added. and intent Fe Bold text indicates a defined term 9 Procedures Ordinance 2004 -31, as amended. 10 16. Parks rotected areas reservation areas conservation areas recreational 11 areas, and school sites. 12 a. Parks, protected areas, preservation areas, conservation areas. Parks, 13 protected areas, preservation areas and conservation areas shall be 14 dedicated and /or conveyed in accordance with applicable mandatory 15 dedication requirements and regulations of federal, state and local 16 agencies. 17 b. Recreational areas. Recreational areas shall be dedicated and /or 18 conveyed in accordance with applicable mandatory dedication and /or 19 conveyance requirements and regulations of federal, state and local 20 agencies. 21 C. School sites. School sites shall be dedicated and /or conveyed in 22 accordance with applicable mandatory dedication and /or conveyance 9 A 2 Comment [C270]: 10.02.04 C.15 from 10.02.05 E.3.n.ii.(b) Comment [C271]: 10.02.04 CA 6 from 10.02.05 E.3.k Comment [C272]:10.02.04 C.18 from 10.02.05 E.3.o Comment [C273]:10.02.04 C.19 from 10.02.05 E3.p Comment [C274]: Sidewalks- new language. A part of the Comment [C275]: Streetlights- new language Comment [C276]: 10.02.04 C.20 from 10.02.05 E.3.1 Comment [C277]: 10.02.04 C.21 from 10.02.05.E.3.j 23 requirements and regulations of tederal state and local agencies. 24 16. Shoreline and waterway alterations and additions. All requests for the , _ - Comment [C278]: 10.02.04 C.22 from 25 construction of seawalls bulkheads, shoreline and waterway alterations and 10.02.05 E.3.m 26 additions shall be submitted to the County Manager or designee. After review by 27 the County Manager or designee the proposed facility or alteration shall be 28 approved, approved with conditions or denied. The use of vertical seawalls as a 29 method of protecting shorelines and lands adjacent to waterways shall be 30 discouraged except for development lakes, and applicants shall be encouraged 31 to utilize alternate methods of accomplishing shoreline protection and waterway 32 facilities installation. Whenever possible, all proposed construction of seawalls, 33 bulkheads, shoreline and waterway alterations and additions shall be designed 34 to afford the maximum protection to the environment of the area. Any state or 35 federal permits required for construction must be submitted to the County 36 Manager or designee prior to the commencement of construction. 37 D. General Requirements for a Minor Final Subdivision Plat (FP). 38 1. Generally. Minor final subdivision plat approval may be requested as an 39 alternative to construction plans and final subdivision plat if the following criteria 40 are met: 41 a. No preliminary subdivision plat is submitted or approved. 42 b. Required improvements are not required for the subdivision. 43 C. No security performance bond is required for the subdivision. 44 d. No phasing is required or proposed for the subdivision. 45 e. The subdivision is not part of a planned unit development. 46 2. Application and process. 47 a. The Administrative Code shall provide the process and submittal 48 requirements for a minor final subdivision plat. Minor final subdivision 49 plats shall be in conformance with F.S. ch. 177 and the LDC, as 50 applicable. 109 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 b. Minor final subdivision plats shall be signed and sealed by a 2 professional surveyor and mapper registered in the State of Florida The 3 minor final subdivision plat shall be prepared in accordance with the 4 provisions of F.S. ch. 177, as may be amended and shall be clearly and 5 legibly drawn with black permanent drawing ink or a photographic silver 6 emulsion mylar to a scale of not smaller than 1 inch equals 100 feet 7 C. Minor final subdivision plats shall be reviewed and approved pursuant 8 to LDC section 10.02.04 B.3 — B.4 as applicable 9 d. Minor final subdivision plats shall be recorded pursuant to LDC section 10 10.02.04 F. 11 E. General Requirements for Construction Plans (CNSTR) 12 1. Generally. Construction plan approval may be requested when no platting or 13 recording of property is required. This process allows for the review of 14 construction plans separate from a final subdivision plat 15 a. The review and approval of construction plans does not authorize the 16 construction of required improvements which are inconsistent with 17 existing easement(s) of record. 18 2. Application and process. 19 a. The Administrative Code shall provide the process and submittal 20 requirements for construction plans Construction plans shall be in 21 conformance with LDC section 10 02 04 B and C as applicable 22 b. Constriu-tinn nlanc fnr Al of tha imnrnvamantc chall he cinncrl —A —1— 23 24 25 section 10.02.04 B.4 as applicable. 26 3. Insubstantial changes. An applicant may request insubstantial changes pursuant 27 to LDC section 110.02.04 6.5.a.1 -- - 28 F. Recordation of the Final Subdivision Plat. - ---------- - - - - -- -- 29 1. Generally. INo building permits for habitable structures shall be issued prior to 30 approval by the Board of Count Commissioners and recordation of the final 31 subdivision plat, exce t as provided in LDC sections 6.04.04 and 10 02 04 B._6 32 as applicable. 33 2. Posting of subdivision performance security at the time of recording 34 a. The final subdivision plat shall not be recorded until a subdivision 35 performance security for the construction of the required improvements 36 both on -site and off -site has been posted by the applicant and approved 37 and accepted by the Board or the County Manager or designee on behalf 38 of the Board. 39 b The applicant's professional engineer shall prepare an opinion of the 40 probable construction cost or the actual contractor's bid price which 41 includes the cost of all required improvements to determine the amount 42 of the subdivision performance security. 43 i If no construction of the required improvements has begun at the 44 time of posting of the subdivision performance security, the 45 security shall be an amount equal to 110 percent of the sum of 46 construction costs for all on -site and off -site required 47 improvements based on the applicant's professional engineer's 48 opinion of the probable construction costs or contract bid price 49 ii. If construction of the required improvements has begun at the time 50 of posting the subdivision performance security, the security 51 shall be in an amount equal toshall be in an amount equal to 10 percent of the applicant's the applicant's 110 LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C279]: From 10.02.05 E.1 Comment [C280]: ICP. Comment [C281]: From prior 10.02.05 A.4 Comment [C282]: 5.04.04 - Model Homes and Sales Centers. 9 A 2 29 Text underlined is new text to be added. 30 a. The applicant shall obtain all of the signatures on the original plat cover a .." e V V_.__ te thpAdFA Bold lent indicates a defined term sheet(s) that are associated with the applicant's obligations and shall 1 professional engineer's opinion of the probable construction cost 33 2 or contract bid price, plus 100 percent of the required b. The applicant shall provide 3 copies and 1 mylar of the recorded final 3 improvements to be completed, such as the final lift of asphalt and 36 4 uncompleted sidewalks. C. Simultaneously with the submission of the executed final subdivision 5 iii. If construction of all reauired improvements has been completed 39 6 and accepted by the Board at the time of recording, only a title opinion from an attorney licensed to practice in the State of Florida or 7 performance maintenance guarantee at an amount equal to 10 42 8 percent of the applicant's professional engineer's opinion of the final subdivision plat to the County Manager or designee and must 9 probable construction cost or contract bid price shall be provided. 45 10 iv. No subdivision performance security shall be required where ii. A statement that the attorney is licensed to practice in the State of 11 improvements are to be constructed by a general- purpose 48 12 government such as a county or municipality, a local school iii. Identification of the exact name of any person who is the record 13 district, or state agency. A subdivision performance security shall 51 14 be required of an independent special - purpose government such 15 as a community development district (CDD). 16 C. The subdivision performance security shall be prepared pursuant to 17 Appendix A of the LDC and shall be one of the following forms: 18 i. Construction, maintenance, and escrow agreement, or 19 ii. Construction Maintenance Agreement and one of the following: 20 (a) Cash deposit agreement with the County, or 21 (b) Irrevocable standby letter of credit, or 22 Surety bond. 23 ,(g) Once the form of a subdivision performance security Ihas been approved , _ - comment fc283t: From prior 10.02.05 A.4.b- 24 and accepted by the Board, alternate securities, in a format approved by last part of paragraph 25 the County Attorney, may be approved by the County Manager or 26 designee, on behalf of the Board. 27 3. Recordation Procedure. After approval of the final subdivision plat by the , _ - comment [c2841: Recording Procedure 28 Board, but prior to the recording of the final subdivision plat with the clerk of the section from 10.02.05 A.4.c 29 circuit court, the following shall occur: 30 a. The applicant shall obtain all of the signatures on the original plat cover 31 sheet(s) that are associated with the applicant's obligations and shall 32 submit the original final subdivision plat, and any separate consents. or 33 opinions or certifications of title, to the County Manager or designee. 34 b. The applicant shall provide 3 copies and 1 mylar of the recorded final 35 subdivision plat and accompanying documents to the County Manager 36 or designee. 37 C. Simultaneously with the submission of the executed final subdivision 38 plat to the County Manager or designee, the applicant shall also submit 39 in accordance with F.S. ch. 177 at no expense to the County, either a 40 title opinion from an attorney licensed to practice in the State of Florida or 41 certification from a title company. The effective date of the title opinion or 42 certification must be no more than 30 days prior to the submission of the 43 final subdivision plat to the County Manager or designee and must 44 contain all of the following: 45 i. A legal description of at least the lands being platted; 46 ii. A statement that the attorney is licensed to practice in the State of 47 Florida and that the attorney has examined title to the subject real 48 property, if a title opinion is being provided; 49 iii. Identification of the exact name of any person who is the record 50 owner of the subject real property and a specific citation to the 51 official records book and page, where each record leaal owner 111 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx r Text underlined is new text to be added. And OnteRt FeWealed to de OF Feyqsed Bold text indicates a defined term 1 obtained title to the subject real property. The title information 2 shall include a copy of said instrument(s) of convevanm and 3 vi. Identification of liens, encumbrances, easements, or matters 4 shown or that should be shown as exclusions to coverage on a 5 title insurance policy. As may be applicable, the title information 6 shall include in a neatly bound fashion and make citation to the 7 recording information of all referenced liens. encumbrances. 8 easements, or exclusions. The title information shall include a 9 copy of any such instruments. 10 d. Payment of recording and Copy fees. Upon compliance with this section 11 and payment of fees by the applicant, the County Manager or designee 12 shall record the final subdivision plat with the clerk of the circuit court in 13 the official records of Collier County, Florida. 14 Construction and Maintenance Agreement The applicant shall enter into 15 a construction and maintenance agreement with the County, in a form 16 acceptable to the County Attorney, which establishes the terms and 17 conditions for the construction and maintenance of the improvements 18 required during the 18 -month construction period or a time frame 19 established in an approved extension request by the County Manager or 20 designee. This agreement shall be submitted with the final subdivision 21 plat for review and approval and shall be executed by all parties at the 22 time of recording of the final subdivision plat. 23 f. Recording of other documents. If any dedications, grants, conveyances. 24 easements, consents (including mortgagee consents), reservations, 25 covenants, or other like instruments are to be recorded by separate 26 instrument simultaneously with the final subdivision plat, appropriate 27 fees and original documentation must be provided by the applicant to the 28 County Manager or designee for processing and recording by the clerk of 29 court. All documents shall be submitted prior to or at the time of recording 30 of the final subdivision plat. 31 g. Supporting "gap" title information. Within 60 days of recordation of the 32 final subdivision plat in the official records of Collier County, Florida, the 33 applicant, at no expense to the County, shall submit to the County 34 Manager or designee final supporting "gap" title information. The final 35 supporting title information must meet all of the requirements of 10.02.04 36 F.3.c, except as to the effective date. Receipt and approval of the "gap" 37 title information is a condition precedent to preliminary acceptance of 38 subdivision improvements by the Board. 39 h. The effective date of the supporting "gap" title information must be 40 through the date of recordation of the final subdivision plat and must. at 41 a minimum, cover the "gap" between the time the effective date of the 42 information required by 10.02.04 F.3.c above, when submitted and the 43 date of recording of the final subdivision plat. The final supporting "gap" 44 title information must include a copy of any required instruments not 45 previously provided in connection with submittals for the recording of the 46 final subdivision plat. 47 G. Vacation and annulment of subdivision plats. Vacation and annulment of a 48 subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended, 49 and Collier County Resolution 2006 -160, as amended. 50 A. RFP-.I'lT.iRaFy subdivision plat requirements 112 I:\Admin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C285]: Prior 10.02.04 B.3.b (second half of provision) Text underlined is new text to be added. Bold text indicates a defined term 2 aR ept'ep that may he e end by the a pl:sapt , n the effepAve .date 3 of this eredinanne All preliminary subdivisien plats that were a reed 4 priar to the effen +',.e date of this ered'n pe# e.pt'e al oned m s+ 5 preneerl in aGGeFdanGe wth then red n +1'ned fer a preliminary 6 subdivisien plat Aloe, ne+h'n iR this ser-Aien will hen nstr ,erl to offers# 7 the manda+epr pats ire of a final s. lhe-0 „isiE)R plot -r Comment [C286]: Out dated and repetitive 8 Of OXiStipq @PPF@Yed P LSee 10 02.04 A 9 10 this _ , Comment [C289]: Changed to Code of Laws 11 section 250 -58, the appeals section 12 WFitiRg 13 Geode 14 , he 15 Comment [C290]: Relocated to 10,02.04 A.3 16 17 _ - Comment [C287]: Deleted in entirety. Out 40 plisap+ nheeses this ep +inn the a nlfean+ m st felle,.r nil of the si ihmissien dated language. 19 plat the a nl'nan# shall prepare nA submit to the (`e ptv Manager or hip 20 .designee a enmipapr suhrliyisie.p plat,. rhieh meets the Fequjicerrie n +s 21 n +- inert 'n +h's s er•tie Fl - Comment [C288]: Replaced with reference to 22 dmin Code See 10.02.04A.3 _. _.._. 23 24 pl:eliri; ml pars su b dl,rlslen plat the Cep n +,r Manager e.r his .designee shall 25 review and evaluate the PFGPMiRary subdivision plat iR GeRfbFmaRGe wth 26 the p ellml Rapr su b diVislep plat requirements estahll shed in this sep +inn 27 Rased en the review net e alua +fen the Cei in +v Manager er his designee 28 29 st,lbdivisk)rl plat The rlee s' R +e appFeve with seprt't'n r .deny the 30 PFeliMiRary subidmsien plat may be appealed to the Beard ef Geurity 31 Cemm,lrieperr p nt to the p of roe +.en 10. 02.02 lef this _ , Comment [C289]: Changed to Code of Laws 32 Cede. if the Ce n +,r nnapager er his edes'gpee she Irt ,dens OF piaGe section 250 -58, the appeals section 33 he shall state iR WFitiRg 34 s for s ugh edeRial OF R d;tiep nod shall ei +e the a plieahle Geode a 35 Mate, r ha s far the ri di+ie r ode, al Said .dote a+je , he 36 Comment [C290]: Relocated to 10,02.04 A.3 37 2 PFelimiiziaiy subdidiSiE)R That sNb.PRiGsieR FeqHirerReeptS. The pFeIi i^a*pi 38 subdivis OR plat PFGGeGG ;G Gpti9Ral. The eptiGRal nature ef this PFGGeGG will on RE) 39 40 plisap+ nheeses this ep +inn the a nlfean+ m st felle,.r nil of the si ihmissien 41 requiremeRts. Them neda +ery pa+ r of the final subdivisien plat n e par r 42 1'Le,ei s e+ affeeteed h,r the en +'e al pat of the prelim hrl \r plat 43 s� ihm; Slop e°° i ei^hrti,risien Comment [C291]: Majority relocated to 44 T preliminary c plat appneatin shall he submitted for the entire 10,02.04A 45 _ - Comment [C292]: Moved to Admin Code 46 section and 10.02.04 A.3.b 47 . 48 The prelimiRary s6ibdiViSiGR plat shall be prep by the appkGaRt's eRgiReeF 49 arid s r Land planners Ianedsean reh +nets reh'teets nod e ther 50 teGhpie.al anrt Professional perseps may assist ip the prepara+gen of +he C ommen t[C293] Relocated t 100204A2 51 - - __ - - - -- --------------- - - - - -- Aon section 113 l:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx :z# Text underlined is new text to be added. n,r.....� r,.a., .. Bold text indicates a defined term 18 vi. .46F4 map; and 19 34 and page refer,,.,,.,, 35 0 The tra Gt hn nd ap, with bear's and disc ,nnno aleRg A,ith ++ 36 rein + „e to �e + 37 h. TepegraphiG@l eer djtje ns en +h f dRGWdiR 11 the 38 ovate, _.,..,.,_ drainage ditehes arch 5erl;es of water, she .etland 39 cihle nrnh @enln nnl c tec and n +her c n'f"n�,n+ feat r 40 i. +'n c+reetc n�nll of r nrdJ n adjacent tee +h + + >�II e�i ,r�9 �,�, � -� �� �a� 41 jRGIUdiRg nh+ of '.,n” width, c +rent or PaVeMeRt Width "ndJ 42 established nnn+nrlinn eievatiGR. Cv'c +'n streets shall he dt'm ed to 43 the +rant hnL 4nd apy, 44 All e is +inn pFGpeFty Gnno easements and r nhto of Way of rnnnrdi the +F 45 . 46 k. The leeatien and width of all d stFeete alleys, rights E)f way, 47 easemen ts and their puFpese nlnnn ,.dth the n ed4 Jaye t of the lot 48 and wenLc DrnnncedJ street n shell be iddent'f'edJ n all n hl'r ep 49 private thnrd.unh Brno T.,n'r-,l Fight of a ndd n eRt GPGSS eGt;.-..,.. 50 51 the 1E)G .uvR ef sidewalks, �,Nu � ik t Rd t'1 ties. If nn+ n oh, 114 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C294]: Provision addressed in l LDC section 6_06.01. Added to Admin_Code. '9A2 Text underlined is new text to be added. .. GAdA OF FA-Vised Bold text indicates a defined term 1 de termined duFino the re it shall he de+erminpd ,s,he +her 2 +he s treets n e +e be py ible or p ,ate 3 1. The in ro +inn and GGFRpa +Ible developmep+ of presept and fi it ire 4 s +Feets as shown pn the traffie eirny Ala +inn element of the Collier Coy Rn ,' 55 d'_rey.dh Mananemept Plan, when c ieh n en+ or f. t ire c +Fee +s n 6 7 M. Aeeess points +e aaueC +oF apd arterial stFee +e. shewiRg their aempliw% +e 8 9 appFeved by the 13eaFd Of GOURty GeFRMi6SiGReFS. 10 11 12 sheet lis +inn a site c oifie eaua +inn for Bete Fw.inina the grades ip the 13 14 sy yffiee For +his infnrmafinn r ep+ where con+ ele.,aAons have been 15 PFGVided ip s. ff eiep+ p ether apd dis4riM +ien e a bar lndar.y s 16 G. All n s +inn dr a distrie+ faei Gtie and the d+imate Fight of way 17 Feq0FemeRts no they affeet the n perky to he sy ibdMded 18 P• Geperaliaed statement of s- lbs, lrfae pdi+rop en +he p ., peF+ Ieeatiep 19 _;;nd re-S.; Ult6 ef tests made to aGGeFtain subsuFfaGe 69" GGAditiAR.,; ;;Ad 20 groundwatef- depth. 21 , 22 23 , shall be 24 F. I I +iGAes s Ieh as telephone p a+er seweF, gas, and the like, OR 25 26 27 statement that all utility c shall hen nilable apd have been 28 ordinated with all required u tilit a C.dde of c eh utility ailabiky 29 30 „bid T e a,T 31 6. Sites p ed feF parks eatin al weas, and sohaal cited ar the like 32 iR aGGeFdaRGe with aRy exi6thRg GFdiRaRGe6 FeqUiFiRg SUGh a dediGatiqR. 33 t T.yp'eal let eepfe ra +ions shall he 8l s +rated and the m of +he 34 355 rate Cer feesimple r sides +ial lots the illy istra +inn shall pedrav the type 36 of y pit identified b.y I nC defin'tbin and rde"elnper's deser'pFon +e he 37 planed OR aeh lot /evampla. Lots 1 20, s ale family at+aehed /patio 38 heme\ ,.hew hew a h,pieal y Rit an typ•eal in+er'n ;and eAFReF lets 39 depin +lea setbacks /inel ydino n sethaeks if applicable) and /er 40 ra +inn of stn Gt Tres AIse for fee mple residential lots the 41 42 aS GUI de e hammerhead and all it y lar late CeF neR sides +•al 43 lets (e.g., multi family amenity late. eels. c al/'nd ys +F ad GF 44 . 45 46 m \n /here mere than d type of dwel'pa verbatim r T T 47 Whit (e.g. s ale family detached ale family atkanhed zero lot line) 's 48 planned Iefs m s+ he linked to the type, or types of y nit ,.shish they are 49 intended to a medate A table shall hen .,idod sheyARg lot area nd 50 eve w'dt lar nd inter' F lets. may show 51 115 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ' 9 A 2 /~ �F Text underlined is new text to be added. Bold text indicates "oefi"edterm 2 3 4 5 irnpaGt assessment was prepared f4gr the saRne Af land within 5 yea4is O from the on of the PFIRNMiRary subdivisiOR plat. 7 8 SpeGies, OR the paFGel. The following natural feature map shall be 3 10 A map of all wetIand area leeatiORs as del neated by all ageRGie_S 11 12 13 14 15 16 17 18 19 20 21 22 M.A. The IA-P-atierl of buffered areas required by SeGtJGR 4.06.01 shall be 23 24 25 26 analysis. T=1-8 tFa ... ic iffl-p-et analysis shall h� 27 28 system pFepesed Of aff 29 30 31 32 33 34 35 30 37 38 39 40 41 or abGve equiVaIeRt, shall be Fequ Fed. The master water manageMeRt 42 pIaR and data submitted shall be GORSiSteRt with the "GGRteRt 9 43 44 M2R@geMeRt DiStF Gt (see Rule 40E, F.A.G., as amended). IR Gases 45 40 47 48 subdivi-SiGR plat. 49 Z. All plaRs and Platt Rg deGURIeRtS shall be prepared fully iR G9MP!i@RGe 50 51 3.07,00 116 /x»omi" Code umu\C"rr°mvwm\.Aomi"/"traove Code mo Amendment oo1mo for aCo.u=" '9A2 Text underlined is new text to be added. Bold text indicates a defined term ; fp � _ Comment [C295]: Moved to Admin Code ja. SeRditieRsThe -�'••� �•�vcmcy ="ry c^n;�'gef -oi his deslg^ee has theta thelzity to - ....reye e6ts for s Iho+i +l I+ii.nc +n the design standards r.e..tained in the (`rJlier GG -11Rty Comment [C296]: Relocated to 10.02.04 A.5. Minimal changes 22 i _ _ - Comment [C297]: Relocated to 10.02.04 A.7 23 lb. �e4tTr^satrR_- s. Refiefz+^o +a'e �r'v°TSfA ^S 9f' TC00° A. Comment [C298]: Relocated to10.02.04 A.6 ri 24 P. ice] 2 [fef�SkN�e- �9C�fR�a;^la- lennert 6lRit-+etrelenrv.ent An.hhinn p,a, -„T �TCrnT�ryzr,.,,g Timing of Development. Expanded on and 25 in +hio !`nrL, +e the r•en+raW nr.h.dthstandinn includes language from farmer 10.02.05 A. Comment [C299]: This pFevision has been deleted The final an but nat the P. Modified section by removing reference to PUDs and relocated to section 10.02.04 A. 1.a 080613 43 - - - Comment [C300]: Relocated to 10.02.04 preiiFniRary A.1.b. be s6ibrntted 45 46 47 48 49 'n+egl:ated phased develenmen+ shall be Feviewed 'n erda RGe with see +'e 50 1 Q. o o22 6 o22 R T - Comment [C301]: Relocated to 10.02.05 - A.1.c 117 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 9A2 Text underlined is new text to be added. Bold text indicates a defined term I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. . _ .__ ._ ., nd-Fn a. e... Bold text indicates a defined term 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 119 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C303]: Application portions relocated to Admin Code. Most of section was relocated to 6.01.02 Easements - where was formerly located. - Comment [C304]: Moved to the Admin Code, Construction Plans section. Comment [C305]: Relocated to 10.02.04 B.1. b - Comment [C306]: Relocated to 10.02.04 B.1.a 4 z Text underlined is new text to be added. Te.,, elh.,. ,.h to h., dpflptpd frAFA nn V V V y Bold text indicates a defined term '9A2 Comment [C307]: Relocated to 10.02.04 B3a 10 below. , _ _ Comment [C308]: Relocated to 10.02.04 1 11 E, fl ^ ^° ^^ + theo wYYI �MRE ball h ' ++h f al la+ f B.3.b ) 12 13 _ - d Comment [C309]: Relocated to 10.02.04 B.9 27 (1) Cash depesit agneR,° Rt With the eO+ 28 (2) lFrevesadle sty �'hr letter oefedit. 29 /) Surety beRd. ( ) GGRGtFUGtjOR, ma RteRaRGe and eSGP9W agreeFRGR 31 f. After the fin-al �u hdi,,i,;ie plat has bee appreved by the R � t M _ . 32 r h m i des e for Gem.,! a With this Gede as provided iR this + 33 the applisa R+ shall r.,subm.t 5 Gert f ed sets of the previously appFeved 34 35 c f a+° p.J fp.+° al s s +r s +'g permits. The pl' +' pFefessigRal 36 eRn shall aloe s hm'+ a digitally r, eated- n n + +' / '+ la 37 slap .m °n }s 1 disk (GDROM) of +hn master plan file, iRGILAiRg, ..There 38 plir,ahln easemeRts, a } °rAeia s +° a+nr fan'I'+'° Rd ste a+ 39 -lra:Rage system. The digital data to be hm }ted shall fe.'Pey these 40 farw.a + +'n idekRe& all data shall be deliy Fed 'R the state la 41 GeerdiRate system, with a PeFi a East °r GtiG Rd a nl AMerie-AR „- 42 1983/1990 uatu ,da+ m) }h R ted States Survey Peet datum), 43 (US E") URi . established a r stereo s Rd 44 45 f°°+ Cil° ohAII hp. M Digital F=XGhaRge Cie (DXF=) fG a+ iRf9FM@t ,eR 46 layers shall have eemmen naming EenventiensTi.e - Fight Gf way = ROW, 47 eeRteARes- Gl=, edge of R °R+ Eno n +R GRr a plan to ha 48 deemed CCmnlete, the layeFing °Cheme must be Fead l„ RdeFstCCu by 49 G9 Rty staff all n eqy 'nfnrma +'RR (parrelc Ig +c Rd r Site 50 51 °.+@'Ring to the n eFt y feat ire Ingated nn that layer. Cvamplp 120 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Timing of Development Comment [C310]: Relocated to 10.02.04 E. Recording section Text underlined is new text to be added. RI dl ised Bold text indicates a defined term 1 2 3 unique layer EXaMpl& !net rl'm I et+vt lever All r nctr rt'n 4 perm 'tc required from l al state R d fe.de eI a c+ ho bml+ +e t 5 to the ('o, my Manager or h'c designee r too n .development 6 Within phase of o p eot requiring ph permits. e aRy 7 Approval of the final c rd h'.,'-S plat -Sha.Il net o n-S +1 ten ept@Ree of the 8 le dip to ! fa lit'e or areas. AGGeptanCe of any c oh rderl'poterd foo'I t'o 9 eF aFeas and r s'b'lity for their m 'nteRaRee shell he by separate 10 11 b. nn p instruments shall he in a form appreved by the e mty 12 e+ +erne., p r +e their bm'c n to the br.er.d of oemmissie Re c fer 13 aGGeptaRGe. If requested by the (`n n +y Ma Raper er his rdeslnpen the 14 gFantee shell provide, at n e-S+ to the Rty, +' +le n rert'f'oate 15 e form p , Ina, +e by the Cler"rdn Insi iranpe f omm'-S wh'eh is iR 16 Rfe +h the GGURty'S ed s fn aGquiring real erF" 17 interests No o iRstrument shell be r orrde.d p r +n 18 FeeeFdatieFl of the fiRal subdiViSiGR plat and f9FmaI aGGeptaRGP- ef#e 19 eonm,eynnee by the ❑eerrd of r!`eUnfi,t Gem.ni-S-Sinners 20 All plans a Rd platting .der men +-S -Shell be prepared f Ily �iR nmm�l'anne 21 +h the Interim 1Neter-She.d Ma,na,n en+ r lntie RS of I DC sestiep 31 a. I aR dsoepe plans e nnrl sealed, nrrdn nee .W,i +h SeotieR 32 19.02.03. Q e of .d +hi-S rerde 33 b. 7eninn .dn +a, as fene,.,c re e -Sheets m n 74 b 34 rnohe-S , 36 'poh e-S F nt aw.. +o -S ale; 35 I. n n -Sheet d which i eh urde-S. 36 a) The Rame of the e dePelepMeRt. 37 °T The ZGRiRg diistriGt, nrl DI In Fame and nrrlip mho 38 if appliGable- 39 E)A l deSGFiPtiGR ef thePrn er+., hn +h p r +n earl after 40 sdiv+stea 41 d) The R21'Re rdrdre$S and phone number of the 2ge t 42 n the plat, a Rd then address, Rd pheRe 43 Pumbar of then er+m, 44 e)n ViGiRity pGleaFly 3 ideRtifyiRg the Inge +in of +he 45 deve4epmeaf- T 46 H. n Site plop Vi d ne the fallewinn 'nforrpet'n ., n table form+: 47 a,) Te+ol Site 48 49 paFkiRg areas, rim,e eisle-S R d in +e FRal ctree +-S\ nnrl its 50 ente„e o rl+he total -S to n 121 IAAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A? - - Comment [C311]: Admin Code- Construction Plans and Final Sub. Plat section - _ Comment [C312]: Relocated to 10.02.04 B 5.c -d Comment [C313]: Required per revised section 10.02.04 Comment [C314]: Reference for additional reqs included in 10.02.04 B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 .t 41 Text underlined is new text to be added. r„a„ .. Bold text indicates a defined term (:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Comment f m5]: Moved to Admin Code. - 1 Townhouse section J 31 d I de The plat shall ann +a n sheet Ode)( a e shn,.i nn the on+'ro 32 h d',i OR the sheet'nedov'ng the shn,.en OR aah c epling area 33 sheet Rned each sheet shall aan+a'n nedex edekRea +ing that nnr+inn of the aR 34 subdivision shA,e'n n that sheet yelp +'nn +n the on +'re subQiyisk) ,.., 35 When m e than 1 sheet shall be used to a rately nartra,e the lands 36 subdivided, aah hoot shall show the ar +'a Iar n mhor e.f that sheet an d 37 the +ntal number of sheets 'nsl .deed as well as Gleany labeled matgh 1'n 38 tohsheet. 39 e. C ey data The final plat shall s p.le With F.S. Ch. 177 R d shall shGw 40 the leRgth of all a s together, ,th central angles, raed" ghered hear'n 41 hard longth and n 'n +s gf Al neat rg Sl lffiG'eRt s n ,e data shall 42 hn,.en ton ,+,.eely edesnr;he the hnMnedane of each let, hlggL right of a,e .. eer 43 ea g ed ant re a eat'n I'Le a c)F and a ll e. +h 44 S i.m. 1;-;.r areas A-R. the plat er with n the bGL4Rdary ef the plat as 45 hn,.en 'n the edn 'nt'nn The s data e-nntaiRe d nn the plat shall also 46 ingl�" de: 47 t. The SGale bath stated Mne nranhinally ll o+ratnp n eanh nranhin 48 sheet. 49 H. nghh @FFGVV shall be edra,ren anh shoo + +ha+ shn,ees the 50 123 I:\Admin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx W "M Comment [C316]: Moved to Admm Code App Contents secton Comment [C317]: Moved to 10.02.04 BA b the Application section Text underlined is new text to be added Bold text indicates a defined term 1 platted. The nnr+h direp-Ain--n shall be at the +ep or loft M@FgiR E44419 2 map ..here p ae+'eabin 3 ill. The PGiRtS of beg'RR;Rg and the GOMPRenGement shall be beldly 4 5 iv-. All inteerseet;n street Fight of wa y I ReS shall be 'n'n d by a GLIN 6 with a MiRiMILIM Fad" of 25 feet, 7 V. 1\II adfeininQ- �e,��,.,ea�a- sty shall he 'den +'f' d by hd". ' n t' +I plat s��sro„ -Rn�; p,at 8 heel apd page r'f platted the land shall be so d a+ d gVi Permanent referee ep +r shall he sh . the 10 presGribed by F.S. eh 177 as ended nd shall he iRstalled 11 prior to recordiRg Gf the f Rai plat. 12 VII. There rhell her .ed a spaG8 iR the Fight ha Rd f YppeF 13 eaEh ;heet fer the words "Flat feel 11 and "Page 14 11 with the MiROM61m letter s of t/ 'peh (l the I' ze 15 direetlydelew, a sgaee fer "Sheet of 16 17 VIII. The shall +h - rim- rcr'�a-r� ""a " mat'eally In nd �. hen ae+leal hall he crcrccnrp -cry a °c�vc,-c�cvrr�rrrnrpc 18 tied +e all °ee+,ep tGWRrh'p and r4 e rr_s eGGUFFiRg ith;,, the 19 20 i The GE)ver sheet nr first Ye ye of the plat shall show a leGatl' vrrprla rT 21 shGW ^g the �Yhd, „� le_at,e„ ,,, ,eferenee +e ether aFeas „f 22 the GGURty. 23 W Them -Size fer aRy letter GIF ral shall be 410 'neh 24 nl. All Ilan and tables GuFve e .. e +n ho she n on the sheet same 25 the Whin draWiR they rela te to. When errihle dim 26 shall he rhoI.,n d'reet6y en the m 27 28 29 hP 30 31 32 33 �e♦ d bleak "d 'f' tt�l�v- vivci�'�vel�i�rrGGR� err. let, other like ila CCI GYtZV� , ei�T�TCl 35 parcel hewe"er dews ;bed shall be , umber ed OF lettered. All lets shall 36 be Rumbered er lettered b.. PFegl,essive RumbelFS er letterS'pd'..'d all.. 37 +hreuahou h the suhdi Asian e ehy p mbered er lettered in eh 38 bleek, net neGessarbly staptingg With the n mber "4" eF etter "A." Parcels 39 nd bleeLs I eh ' ntal plat shall hen inhered or lettered 40 41 re+eeted Mresep.e area shall he labeled a enter +shpt All 42 retee+ed /nresenie a ep +r er trae+s shall he ded'ea+ed OR the 43 44 ;; ' tP-.P@ Gaand +„a e.+ „, a +.,n mil- ,rep + + „ ... +h OF 45 46 . 47 Street n The plat shall eonta'p the of each street sh(DWR e RaMe 48 the plat 'n opfermapee vi +h the deSigR FequiremeRtS of this SeGt'GR. 49 h. Out sets. Al! inte;:jer ex6eptdpaFGeIs shall he elearly iRdiGatedand 550 labeled "filet a Part of +h is Plat.” 124 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 42 Text underlined is new text to be added. 43 ., GQdP AF mviged Bold text indicates a defined term 1 Rights of way anrd o eats All r'nhi_nf e,rn, ap l g on+ e,i ♦+hs aprl e-imepsieps 2 shall he sh9wR n e plat All Iots m. a+ have frontage nn ^ the , - Comment [C318]: Admin Code- Construction 3 n. bro nr pi ya +e right of way 'n oenfermon.-e ,. ; +h the ,-es'g Plans and Final Sub. Plat section 4 requiremeRts of this seo4ien with the eXiGeptiOR of 1 di"icinn of a c gle 5 platter- Igo n nothep.mise established lot of repord in the Rural AgriG ilt Ural 6 er Estates zoning t i distrig.,4��n e 2 lots, hero reform,- 4n as "lot spli +, " as 7 set fer+h 'n Qee+'ep 1 n 02 02 Q 17 of this Gode ARy s ugh let split may 8 , f'I'z an aGGess easemeRt +e satisfy nd frontage Fequirerrients 9 7feeF the lot w igh would na+ gtheFwise have stFeet --fr Tvr4an g9 ° e The gOth o °f rr 10 Anh a easemeRt m Ret he less than twelve (17) feet and may be 11 reel to he yVider At the dicerP +inn of (`oilier GG ant" staff , to 12 eda +e safe a nd t Urnip eats stermwa+er draipage 13 pipes and the �LP Then ether of n ipts to a pL iblie Fight of way 14 15 GeURty staff , safe and s, ff'e'Pnt may be a nl'shed ,.,ith fe,.,er 16 aGGess 'pts than e 'c+ed n r +n +hen ed Igo split. The a 17 easernneRt .dll o Pate a front yard far se+baeL p s far all lets abutting 18 the a on+ Inn .,here RGGess is pFeSeRtly n Vided by a 19 aeGess easemeRt 4e existing lots of r or,d in g d;Striet whioh aRy 20 this easemeRt will 21 e +e satisfy a nd frontage enfs fop these lots nd 22 ands abU t+7ng the n ept will be sidered fropt yards far sethad 23 purpeses- { Comment [c319]: Moved to new 4.03.04 B 24 �Res{Fig+iens, Feseinvatiensa„a rr2stFi e ee is estri ^ +iens 25 peFtaiRdRg +n the type aged of ..,ate-r supply, type apd Use of sapi+ap, 26 27 management als nd g a +inn a nd other 28 edd shape !ands hsfapdard p els� GRS 29 30 and w ally aped GtiORS gf s milar r.aturn shall require +hn 31 establishment of restrip+iye r ants and! the P is+enne of sUnh 32 GEWeRaRtS shall he noted nn the plat by refereneP to official r err! hook 33 34 e.ta'p'ng to restr'otiy apts shall he submitted w th the final plat 35 36 desigped to s e than 1 n ert" n Shan be died Gated +e the 37 38 39 ender„'n rat'"e a +'n other I'Le A-.r Gimilar ep +'h, 40 Where p a +e s t reets are permitted, rsh'p and m 'ntenanee iaF 41 nn dne invents shall he s het'++ed with the final pint and the 42 43 intenanee r sihility to the a iatien yyitho h r sibility to the 44 nfi, n ether pi bllo a The Fights of way and relater- fae'I'f'e 45 Shan hp 'denf'Fed as +rag +c - far marls nrl n +her puFpeses ne-er s e: fo 46 9WRership. All p ,ate streets shall be notrUeted in the s 47 pUbliG streets age- the su bmissien of impreyement plans vAth r ed 48 iRfOFITIatiGR shall apply equally to pFivate streets PUFSUaRt tG the Collie 49 . 50 i. oeftifisatiGR aed apprevais. The plat shall GGRta R, eneept as et;ei:wRse 51 125 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Text underlined is new text to be added. Bold text indicates a defined term 1 eRgiReePiRg seRtiGeS rdirenter and offine of the o ,Rty a++nrney n is t 'Z submittal) the fengynng rertifina +inn and appFG,vals, agkRG'A'Ierdged if 3 required by law, all being in „bs+an+ialhi the form set forth In appendix (` 4 te t s /'merle The _ trio lode + nd f' o+'n hf +he erty +n he rTnzJ °c �'t'- '�TV7� ° °r�T�' ° -9�v' �P'�°v 55 platted shall net he she . n pn the n a /s\ geptaip'ng the ner+'f'patieps 6 apprevals apsl n +her 4ev+, gal rda +a -, iaterd with the plat .. hen p agtinal 7 I Derdigations puFpese pf all .de.digate.d n ve.d a 8 shown en the plat shell he defined in the rde.d'oat'on n the plat All 9 areas rderdioaterd for use by the r si.dopts of the s, SiGR shall 10 11 paFks, Fights gf a tay, easeFReRtS far dF@iRage and g a +'n 12 puFpeses and a ether a he, r rdesignaterd shall be 13 Aerd'ga+erd by the n of +he land At the t ime the plat Ps er deA 14 C„eh .de.diga +inn and the r siblM fer their m ntenapee shall 15 Fequire a separate a eptange by r ol„tinn of the Beard of 16 17 the g ral Pete fer the plat 18 H. Mortgagee's r eat and a ,ai Irden+ifioa +inn of all mortgages 19 20 21 22 platted The s pat„re /s1 of +he mortgagee n miz)rtgagees, as +he E)p 23 Gase FRay be must be WitResse.d and the n e, ,+inn must he 24 aokne,. lertge.d in the s s deeds a FequiFed +e he 25 Witnessed and agkneW!erdgert In rare the mortgagee 's 26 GGFpeFatieR, the r ept and a al shall he s ert gn behalf of 27 the o raAon by the p sAen+ ViGe presideRt n chief n..ns„+iyn 28 29 30 31 pstr meats along with the platsubmittal. 32 G kertifir.atip_n of s eyeF. The plat shall genta'n the s na+ 33 34 35 supeFvision and that the suFvey data Gempiled and shewn en the 36 plat n pl'e with all of the r nts of F.S. eh 177 art I 37 amended. The sect fiGa +inn shall also state that n pt 38 ref2f eR C - e "' - rmce R S, " D M. — a-- R�vr. ha,.e he n is P. +' pl'a pith 39 P.S. Eq. 17 paFf 1, as am R ded and this seGt on, rl that 40 D 2 D s And L.t GeFRers .l11 be set under the rd. rost'o R d 41 42 impFGverReRtS. I Ipon nstallatien of +he P.C. D s the suinveyer a+ 43 44 45 Fequired 'm eats have been n pleterd p r +e the 46 47 48 Florida and or.dinanges of Cellier (`e, Intl 1Alben plats a grrlerd 49 and 'm ep +sae to be a plisherd , nrder perferpnange 50 the FequiFed 51 eats and performapgn apteo shall 'nnl rde D ( D 126 1AAdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. „a fF 1 nr vi, natpa to the AdminiStFatiVe Code _ Bold text indicates a defined term 31 plat- 32 R. O in.everb seal The suFveyeF of ro eFd shall SigR Rd sea' Gepies of the 33 plat submitted fer a al 34 G. Q^ '° of hearip s The basis of hearings must be clearly stated 35 y0h.etl}pl: te "TFQe Nerth " "Grid Nerth" as established by the NOS 36 "Assumed Ncwth�' ete., and must be based on a well def0Red 37 P. Evicting e erred streets The plat shall chew then leeatiep and 38 wmdth of all existing er rec.erdjed streets; pta stip OF r.tig c to the 39 boundary of the plat, aGG61rately tied tG the bOURdary ef the plat by 40 . 41 G. Relatienship of Plats to Site Developme-int Plans. Ne t plan may be 42 43 44 revieW GE)RGUFFent vAth the submittal ef the fiRal plat. NG 6ite development plan may 45 46 may be issued URtil the fiRal plat OS FeGGFded, eXGept fE)F these development amenities 47 48 10.02.03.A.2. Gf th*s GGde. VVheFe RG preliMiRary subdivision plat i6 GeRtemplated, Site 49 DevelopmeRt RaFIS may be submitted fGF GE)FIGUFFeRt Feview with the final plat at SuGh 50 127 l Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [C320]: Admin Code- Construction Plans and Final Sub. Plat section Text underlined is new text to be added. Bold text indicates a defined term Re w�... :ldmRg FAitc . be era n4'I the fiRaI plat has been nrde .j _ - Comment [C321]: Relocated to 10.02.04 B.B. # # ...# # # # # # # # # # # 128 hAdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text DC Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Ch 5 C PSP, PPL, CNSTR, FP, Plat Recording, Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.05: • 10.02.05 was completely rewritten. • The requirements, review process, exceptions, approval process were all integrated and the language was not clear. • Provisions were reorganized within the section and it was organized to follow the procedural order of work and approval. Revision: 6/6/13 CC 2 10.02.05 Construction, approval, and acceptance of required improvements Subrn;ttal 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Construction of Required Subdivision Improvements. 1. Pre - Construction Meeting.1 Meeting. Prior to the commencement of construction of the _ required improvements. a Pre - Construction meeting shall be held. The applicant shall request the Pre - Construction meeting and provide at least 48 hours for the Pre - Construction meeting to be scheduled by the Engineering Services Department. The Pre - Construction meeting shall be attended by representatives of the county, utility companies, the applicant's professional engineer of record, the contractor, and the developer. At the Pre - Construction meeting, a schedule of construction, and all approved County plans shall be provided by the applicant. Copies of all state and federal permits shall be provided by the applicant to the County Manager or designee prior to commencement of construction. a. Should any construction Lommence on a project 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. 9A2 Comment [C322]: From 10.02.05 BA Comment [C323]: From 10.02.05 BA 0. JObservation of construction by the applicant's engineer. The applicant shall _ - Comment [C324]: From 10.02. 05 B.3 have the applicant's professional engineer or engineer's representative make periodic site visits at intervals appropriate to the various stages of the required construction to observe the contractor's compliance with the approved be provided in the construction plans approval letter provided by the County Manager or designee and discussed at the Pre - Construction meeting. The any paving or concrete work associated with roads or sidewalks. At least 129 I:\Admin Code 2012 \Current Work\Hdministrative Code LDC Amendment 091013 for BCC.docx Comment [C325]: From 10.02.05 B.5 Comment [C326]: From 10.02.05 8.5 -6 Text underlined is new text to be added. Ih.. tie w�i„�„a s.,.... nr ed to ., na...:.. ..�, e r...+e ! iiiist. Bold text indicates a defined term 9A2 1 48 hours' notice shall be provided to the County Engineer or designee to 2 allow for scheduling of an inspection. Verbal confirmation of an inspection 3 time or a request for rescheduling will be made by the County Engineer or 4 designee for each notification. 5 lb. 'SSpot inspections" by the County Engineer or designee may be carried _ _ - comment [C3v]: From 10.02.05 B.7 6 out without notice on all construction to ensure compliance with the 7 approved construction plans. At any time, if the County Engineer or 8 designee finds construction in progress which does not comply with the 9 procedures, policies and requirements contained in the LDC or the 10 approved construction plans, the County Engineer or designee shall have 11 the full authority to issue a stop work order for the portion of the work not 12 in compliance. If a stop work order is issued, it shall remain in full effect 13 with respect to the defective work until such time as the documented 14 discrepancies have been corrected to the full satisfaction of the County 15 Engineer or designee. 16 5. Changes to construction plans. 17 a. See LDC section 10.02.04 B.5.a for insubstantial changes to construction 18 plans (ICP). 19 b. The County Manager or designee shall be notified within 24 hours. with 20 written follow -up, of any problems and conflicts with the actual 21 construction of required improvements as compared to the approved 22 construction plans. Problems and conflicts shall be addressed through the 23 Insubstantial Changes procedure for construction plans, pursuant to LDC 24 section 10.02.04 B.5.a. The County Engineer may approve insubstantial 25 changes to construction plans in accordance with acceptable engineering 26 principles. The changes shall be reflected on the record drawings. 27 B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer 28 or designee. Preliminary acceptance by the County Engineer or designee shall identify 29 that the subdivision or development is substantially safe for public occupancy. 30 1. General. The required improvements constructed under the policies. procedures. 31 guidelines, and requirements established in the LDC shall receive preliminarily 32 acce tance bv the County Engineer or designee pursuant to the following: 33 Recordation f the final subdivision plat pursuant to LDC section - 34 10.02.04 F shall be prior to or concurrent with preliminary acceptance by 35 the County Engineer or designee. 36 b. No certificates of occupancy shall be issued by the County Manager or 37 designee until preliminary acceptance is granted. 38 2. Submittal requirements. Upon completion of all required improvements contained 39 in the approved construction plans, the applicant's professional engineer of 40 record shall provide the following materials for the review by the County Engineer 41 or der signee: 42 d. Competition Certificate The applicant's professional engineer of recor 43 shall submit a completion certificate for the required improvements 44 completed. The completion certificate shall be based on information 45 provided by the project professional surveyor and mapper and the 46 engineer's own observations. The completion certificate shall not be 47 based on "information provided by the contractor." The applicant's 48 professional engineer of record shall document that the required 49 improvements have been installed in compliance with the approved 50 construction plans. Any discrepancy shall be brought to the attention of 130 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C328]: From 10.02.05 CA - - Comment [C329]: From 10.02.05 B.3.c 9A2 Text underlined is new text to be added. and intent Bold text indicates a defined term 1 the County Engineer or designee and resolved to the satisfaction of the 2 County Engineer or designee. 3 lb. Applicant's Inspection Repo[(. The applicant's engineer of record shall - _ - comment [c330]: From 10.02.05 B.3. 4 submit a report to the County Manager or designee which documents the 5 dates of inspection, all measurements, field tests, laboratory tests, and 6 observations which were required to be performed during the construction 7 of the required improvements. 8 Final release of lien from contractor(s). The applicant's engineer shall 9 provide to the County Manager or designee a copy of the final release of 10 lien from any utility and /or roadway contractor(s). I ---- - - - - - - - -- -- - - - - -- _ - - comment [c331]: From 10.02.05 c.3.d 11 dl. IIConveyance instruments. All separate conveyance instruments to the _ _ - comment [c332]:10.02.04 B.3 g -h: 12 County shall be in a form approved by the County Attorney prior to their 13 submission to the Board for acceptance, and shall be pursuant to Collier 14 County Utilities Standards and Procedures Ordinance 2004 -31, if 15 applicable. If requested by the County Manager or designee, the grantee 16 shall provide, at no cost to the county, a title opinion, or certificate of title 17 in a form promulgated by the Florida Insurance Commissioner, which is in 18 conformance with the county's procedures for acquiring real property 19 interests. No separate conveyance instrument shall be recorded prior to 20 recordation of the final subdivision plat and formal acceptance of the 21 conveyance by the Board. 22 Construction plans and record drawings The applicant's engineer shall _ _ - comment [c3331: From 10.02.05 c.3.c 23 provide to the County Manager or designee one set of construction plans 24 on a mylar, with a minimum of 2 mil thickness, or other similar acceptable 25 material and 2 sets of signed and sealed brints bcceptable to the County_ _ _ - comment [c334]: changed "certified" to 26 Manager or designee, showing the original design in comparison to the signed and sealed for consistency. 080613 27 actual finished work. The mylars shall be labeled as record drawings on 28 each sheet prior to printing of the required sets of printsl. Subject to the 29 approval of the County Manager or designee, the applicant's engineer 30 mav orovide a PDF as a substitute for them lar plans. I - - comment [c3351: New language 31 Digital submission. The applicant's professional engineer shall also _ _ comment [c33e]: used to update files. 32 submit digitally created construction /site glan documents including 1 disk 33 (CDROM)l of the master plan file, including, where applicable, _ - - comment [c337]: section from prior 10.02.05 34 easements, water /wastewater facilities, and stormwater drainage c.5 35 system. The digital data to be submitted shall follow these formatting 36 guidelines: All data shall be delivered in the state plane coordinate 37 system, with a Florida East Projection, and a North American Datum 38 1983/1990 (NAD83 /90 datum), with United States Survey Feet (USFEET) 39 units: as established by a Florida registered professional surveyor and 40 mapper. All information shall have a maximum dimensional error of +0.5 41 feet. Files shall be in an AutoCad (DWG) od Digital Exchange File (DXF) _ _ - comment [c338]: New language 42 format: information layers shall have common naming conventions (i.e. 43 right -of -way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). 44 For a plan to be deemed Complete, the layering scheme must be readily 45 understood by county staff. All property information (parcels, lots, and 46 requisite annotation) shall be drawn on a unique information layer, with all 47 linework pertaining to the property feature located on that layer. Example: 48 parcels —All lines that form the parcel boundary will be located on 1 49 parcel layer. Annotations pertaining to property information shall be on a 50 unique laver. Example: lot dimensions — Lottxt layer. In addition, a copy of 51 applicable measurements, tests and reports made on the work and 131 I:Wdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx '9A2 Text underlined is new text to be added. Ta V Vw yV V Bold text indicates a defined term 1 material during the progress of construction must be furnished. The 2 record construction data shall be certified by the applicant's professional 3 engineer and professional surveyor and mapper and shall include but not 4 be limited to the following items which have been obtained through 5 surveys performed on the completed required improvements: 6 i. Roadway centerline elevations at all intersections and at a 7 minimum at all points of vertical intersection (PVI) along the 8 roadway. 9 ii. Invert and inlet elevations of all water management structures. 10 including catchbasins, all junction boxes, headwalls inlets and 11 the like. 12 iii. All record drawing data for water and sewer facilities pursuant to 13 the provisions of the Collier County Utilities Standards and 14 Procedures Ordinance 2004 -31, as amended. 15 iv. Centerline inverts on all open swales at high and low points and at 16 100 -foot stations along centerline. 17 V. The following data shall be submitted in report form for the 18 acceptance of streets, roadways, alleys or the like for 19 maintenance purposes: 20 (a) Name of subdivision, block, plat book and page of 21 recording. 22 (b) Name of each street proposed to be accepted for 23 maintenance purposes. 24 (c) The beginning and ending point for each street proposed 25 to be accepted. 26 (d) The centerline length of for each street proposed to be 27 accepted. 28 (e) The number of lanes for each street proposed to be 29 accepted. 30 3. Review and inspection by the County Engineer or designee. Following the review 31 by the County Engineer or designee of the submittals required in LDC section 32 10.02.05 B.2 and that the required improvements are in compliance Wth the 33 LDC, the County Engineer or designee shall approve approve with conditions or 34 deny the preliminary acceptance of the required improvements. (Inspection by the 35 County Engineer or designee of the required improvements shall be completed 36 prior to the arantina of nreliminary acrpntgnrp by the Cni mtv Pnninaar nr 37 designee. L _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ _ _ _ _ - Comment [C339]: From 10.02.05 C.5- red 38 a. During preliminary inspection, the required improvements will be checked text 39 for compliance with the approved construction plans. Any approved 40 insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be 41 identified and explained in writing by the applicant's professional 42 engineer of record. All required improvements shall be in full compliance 43 with the approved construction plans and the "record drawings" prior to 44 submission to the Board for final acceptance. 45 b. Following the preliminary acceptance by the County Engineer or designee 46 there shall be a minimum 1 -year maintenance period prior to final 47 acceptance by the Board. 48 4. Reduction of the subdivision performance security. At the time of preliminary 49 acceptance by the County Engineer or designee, the subdivision performance 50 security may be reduced by the County Manager or designee. Ten percent of the 51 subdivision performance security, based on the applicant's professional 132 1:1Admin Code 20121Current WorklAdministrative Code LDC Amendment 091013 for BCC.docx '9A2 Text underlined is new text to be added. and intent F Bold text indicates a defined term 1 engineer's probable construction cost or contract bid price, shall be retained as 2 the maintenance performance security by the clerk of courts on behalf of the 3 Board. See LDC section 10.02.04 E for acceptable forms for a subdivision 4 performance security. 5 C. Final Acceptance of the Required Subdivision Improvements by the Board of County 6 Commissioners. 7 1. Generally. The Board may provide final acceptance, by resolution, of the 8 improvements subject to the following_ 9 a. Following the 1 -year minimum maintenance period as required by 10 preliminary acceptance by the County Engineer or designee; and 11 b. Following satisfactory completion of the preliminary acceptance 12 inspections by the County Engineer or designee; and 13 C. At the request of the applicant, after a final inspection by the County 14 Engineer or designee. 15 2. JTiming. IAII of the required improvements shall receive final acceptance by the - - comment [c340]: From prior 10.02.05 B.11 16 Board within 36 months from the date of the original Board aDDroval of the final 17 subdivision_ plat, unless extended by the County Manager or designee, the 18 Board, or general law. 19 a. The developer may request two -year extensions for completion and 20 acceptance of the required improvements. A maximum of 2 extensions 21 may be granted by the County Manager or designee. Each request 22 should provide written justification for the extension. 23 3. Dedications and County maintenance. The Board shall adopt a resolution giving 24 final acceptance of the improvements and establishing County responsibility for 25 maintenance of the required improvements if it is the Board's desire to accent 26 and maintain the facilities. The Board has no obligation to accept maintenance 27 responsibilities for any facilities dedicated to public use, pursuant to F.S. ch. 28 177.081. 29 4. Notifications. The County Manager or designee shall notify the applicant in 30 writing that final acceptance of the required improvements and applicable 31 acceptance of the facilities has been granted, notify all affected county agencies 32 of any final maintenance responsibilities, and instruct the clerk of the court to 33 return the remaining maintenance security held by the Board. 34 (D. Conditional Final Acceptance. 6 developer may apply for a conditional final acceptance. - comment [c341]: From prior 10.02.05 c.8 35 The conditional final acceptance may occur when the required subdivision comment [c342]: Deleted: "At the discretion 36 improvements, with the exception of the final lift of asphalt, and in certain cases, portions of the engineering review director a" 37 of the sidewalk(s) have received a satisfactory final inspection. The developer shall 38 provide a performance security in the amount of 150 Dercent of the estimated cost of the 39 remaining improvements. Additionally, the developer shall provide a letter to �he ounty_ - comment [c343]: "County Manager or 40 _- Manager or designee, which confirms the developer's Intent to complete all of the designee is replacing "engineering review 41 remaining improvements within a 12 -month time period. Two additional 1-year director' 080613 42 extensions may be approved by the County Manager or designee. I comment [c344]: New language. Currently, 43 E. Failure of Applicant to Complete Required Subdivision Improvements. one can request "additional 1 yr extensions ", but 44 11. County Draw on Subdivision Performance Securit . If improvements are not there is no limit on the number of extensions. 080613 45 completed within the prescribed time period as specified in LDC section 10.02.04 `' comment [c345]: From 10.02.05 B.11 46 B.7 or LDC section 10.02.05 D and a subdivision performance security has prior 47 been submitted, the County Engineer or designee may recommend to the Board 48 that it draw upon the subdivision performance security or otherwise cause the 49 subdivision performance security to be used to complete the construction. 50 repair, and maintenance of the required improvements. 133 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A2 Text underlined is new text to be added. Text ..a. 06 =ttfe,:�.!,!e !a e„a r.,.... 1 nr Bold text indicates a defined term 1 �Z. County completion of required improvements. When a final subdivision plat has _ - - Comment [C346]: From prior 10.02.05 B.12 2 been recorded and the applicant fails to complete, repair, or maintain the 3 required improvements as required by the LDC, the Board may authorize and 4 undertake completion, repair, and maintenance of the required improvements 5 under the subdivision performance security provided by the applicant. If no 6 sale of lots or issuance of building permits has occurred, the Board may 7 withdraw its approval of the final subdivision plat and may direct the County 8 Manager or designee to call upon the subdivision performance security to 9 secure satisfactory completion, repair, and maintenance of the required 10 improvements, to make his best efforts to restore the property to its 11 predevelopment condition, or to otherwise take action to mitigate the 12 consequences of the failure to complete, repair, or maintain the required 13 improvements. Any remaining subdivision performance security posted by the 14 applicant shall be retained for the warranty period between preliminary and final 15 acceptance to provide funds for any repairs, maintenance, and defects occurring 16 during this warranty period. 17 3. Failure to complete unrecorded subdivision. Where an applicant has elected to 18 construct, install, and complete the required improvements prior to recordation of 19 the final subdivision plat and fails to complete such improvements within the 20 time limitations provided in this section, all approvals, permits, and applications 21 shall be considered null and void. Any future subdivision and /or development 22 shall submit a new application and payment of fees based on the then current fee 23 schedule. Review shall be subject to the then current LDC and other applicable 24 codes. 25 A. RrGGedares#o eFReRt plaRS and fRal subdivisiepIgat, 26 27 28 submit fn the GG Rt Manager nr his des l gRee the im oaf nlnns and f'r.- I 29 subdivisioR Plat fGF at least the first phase ef the prepesed subdivision. 30 EaGh subsequeRt phase shall be subrp,#ed I.AA.thiR 2 yeaFs after the date of wFO 31 32 pFepesed si bdi. icing TA 'a 2 year nvfnnsi s M submit the 'm oat nlnns 33 R--Ad- fiP-;;l I_;I_IbdIkASiGR plat shall be graRted feF geed Gause sheWR 61PE)R �W tteR 34 appliGatiGR submitted to the GA_ Rt1 ' Ma r his designee prior to o rat'n 35 36 37 38 39 40 41 :NM 7- TT►.T- T- l9-IMM 1TIMPIPT.T. - plans in light of • • 05 E., iRdudiRg the general Feq established seetieR 10.02.05 the _ _ 44 FequiFeFreRts established 'R 6eetien • AP 05 B.2., the FequiFed impreveMeRts • • • Plat iR light of the fiRal ,• 1 appFeve - RY the *MPFGYeFneRt - 1:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx - Comment [C347]: Relocated to 10 02.04 A.6 l Timing of Dev. _ Comment [C348]: Deleting "of section 10.02.04 and 10.02.05. Do not want to limit to j1uust procedural review at time of extension. I a.omment [C349]: Relocated to 10.02.04 B.7.c Comment [C350]: Relocated to 10.02.04 B.3.a -b. Text underlined is new text to be added. Text StFikethFOugh i tr....a i n Bold text indicates a defined term 1 2 3 ,des'n If the 'm en+ plans a a ,.,ith nnnrdi +inns approved approved 4 the Ge, my Manager or his . designee shall r nn,-! that the Beard Of GO, Rty 5 f nmmissioners n en+ +n n en+,.dh rnnrli +inns er dena, the final si bdi„ioinn 6 plat The rle+erpa'naf'n regardiRg the im eat plans and 44e 7 Ap.da +inn regarding the final subrdMsion plat shall he in ,rifiRg if the 8 (ao, nt„ planes nenrdi +inns on the improve on+ Manager nr his ,designee denies or 9 plans n eR ds denial rap,di+ions n the final s, 1b,di„isiop plat he shall OF 10 sate r s far s inh rdepial n nn,di +ieps endAtien Af .dARinl n 11 12 o, e^; 13 VVit#ia 30 the 15 GA, Rta, Manager or his r'Iesigpee shall s ,brow+ his r en,da +'nn to the'RAerrd 16 17 fin-;;' subdivisSion plat After rn ip+ by the Rnar,d of (an, nh, (anmmissinners of fhe 18 G0 IRta, Mapager er his ,Designee's r eRdatiep the Beard of Qe, mty 19 GOlTlFni66iGReFS thP- fill-Al the for shall pIaG8 subdivision plat OR GORsent ageRda 20 21 22 r his .designee +hen +her enrdatien of the (an, mfi, Manager or his 23 desigRee on the fiRai subdivisien plat shall Fel*laip an the P-A-RiseRt agenda and 24 +hA final s„b.diVisiOR plat shall he a erd therewith If a .her of the Beard 25 26 r his rtes'gpeA A+hen.dse r Osfs .dish n the r eR da +ion then 27 the nn dnfien shall he +a Lep Off the n eat a eR da aR d Fn ay be 28 Aisn, 1sserd OF s.nhe.d, deal far a , ibseq ,eat hearing .date After a, -n Antine Af the 29 30 A_R the fin-Al subdiViSiOR plat. At the heaF;Rg, the Beard Of GOURty GE)MMi6SiE)ReFS_ 31 32 fa Le ea,i.depne anal +es+iry my in regaFd to the final s, b- diyisien plat re en +s 33 -;Pt fArth I;PPfiAR 10 09 04 9 '2 34 35 Of GO, mfi, (aom missiopArs ,dep ies o places EN A- di +inns An +he final s„h.dWisiAn 36 . 37 . 38 A. Gii- nerall NG building permits far habitable str„ah,res shall be 39 40 i--------___..__...------- -final 42 euh,diyisien plat shall net entitle the final s bath ,isiep plat to him- renerde,d 43 44 45 ns +g n +inn of the r read im eptn erfnrmanne s riff, for the n i 46 both n site aR d off site has been ens +e.d by the a pl'nan+ i a format 47 48 , 49 .I _ 50 peFf9FmaRGe s grit„ has been a ed aR d a epte,d alterpate 51 135 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [C351]: Relocated to 10.02.04 B.4 {Comment [C352]: Relocated to 10.02.04 E I Comment [C353]: Relocated to10.02.044 E.2.a and 2.c Comment [C354]: Relocated to 10.02.04 LE.2.a . Modified but intent retained. f. A Text underlined is new text to be added. Text ,. _ .., i n_r Bold text indicates a defined term 1 by the n e:+y deyelenmen+ a d +-,I -Ad-miRistrater, Gr h' 2 des+gaee- . 3 iG. Reeerdat;e^ Nreeedu, e. After z appreval ef the fiRal subdiViSiGIR - - 4 5 4&eio reG94Rg of the final c brd'v's'o plat w ith the elerk of the 6 '+ r u Ft all of the 7 8 Ewer sheet /s\ that aFe associated with the a I' a +' vl' a +' s 9 10 E)f title er title ewt;f;eat'e n,d aRy ra te m 11 GGRSeRt(S)). 12 k. The ?I"-I^-!iGaRt shall submit the er;y nul fiRal subdivisieR plat, and gnus narat� GGRseRts, e' Peaifir-atieRS o f t 'tl + th 14 ce Hnt„ Manager er h s yes e after eb+ the �+ r 15 16 17 III. Sim dtaRee sly With the submissieR of the fully n G + d f' al 18 _ bdi Si-) SiE)R plat +e the - e _..y Ma .eaer _r h a_ de ° . ga _ the 19 u� aRt shy!l ale, subm,t ;, ..,erda G v th F c § 1� at 20 n4 expeRSe to the a nh. either a t' +le n a f e a I' .d 21 22 with the Standarrls fr.r s eh n as they may be r, I a+ .d 23 fFGFR time +e time, ar a title eer+'f'ea +'e ,ell as aRy requiped 24 EIE)GUm n +s c n.,.,r+'nr. M`h ti tle 'nfermatiE) _Rd aRy 4eh related 25 dec,.meRts as F nu y be ed by the off'e of the nfi. c, 26 atterney. L7 The effeo+'ve date of the title 'nferma +'o s+ be +ha 4f1 RE) 28 29 f ei Rty Manager er his .des'n nrd m s+ eeata'n all of the 30 feIIE)Wi g: { �� A legal loevs ' +' f at least the lCncdrT h °rn� platted; 32 (b) A state ent that the tterne, I'eenserd +e +'ee ' +h � arroi�ic��'- ;roc vzv--praac- crcc�rrzT�rc 33 stag °f GI„ r,d ;-;Pd- that the atte r has a e.d title + 34 the s hoot real n er+.. if a t' tie e s heir,,... 'rJ rdi 35 (c)ldentifieatA-r+ef the yet RGIme ef @ r-rsn whG s the 36 teeorrl A'.A.'ReF of the b'vot real n eFty Rd a speGifi 37 ri +a+ien +e the of Gial r errds beak anrd page, where eaeh 38 coGorrl legal n eb+a'nerd title to the s b'et real 39 ert.. The ti +le 'nfermat'e shall have at+aeherd +here+ 40 41 td dentifieatien of PeRS, eRG6lPRbpaRGeS, easeFReRtsGer 42 m He hGW r that sheu {d h b I +e ..a crs s. �o that � be s.. TTZrs��sronszo 43 a1 +'+le iRSUFaRGe el e As may be a r,l'eable 44 the title infnrmatien shall inch de in eatly he nrd fashie 45 46 refereneerl lie mbran eras 47 Pwpli ipiApp The +' +le inferma +'e shall have attaoherd 48 thereto a of an.. Ugh ias+rWments payment of re erd n and e . fees The dIR d fees 49 lip. � i i i i i i i �� r.9 ai � op��ie rrr �zcvivrn g-ai ereevp�TCC O� 50 r Fed +h ce eet'e must be ve" f;ed aS ev ea+ anrd pair! by the 51 136 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx a0 Comment [C355]: Relocated to 10.02.04 E.2.d N y "'c 9A2 Text underlined is new text to be added. Bold text indicates a defined term 35 i,ro,, enter 36 The effect +i,.e date of the supporting "gap" title inFormaH a m , + ha 37 thFaugh the date A-f repprplafie the fin—R., Plat and 38 S+ at r the between the time the 39 offer -,t ,p da +e of+he'nforma+ian reqH:red h�7��abE)Ve Wh,heR 40 hm't+erd and the da +o anrd +ir„e of reoorrlino of +he final Plat anrd 41 42 of a orrderd dlA-r-,t-lrA(9nt;-#i6-)n of +ho holydero of any estates, 43 lieRs, eRGHMbF@RGes „ en +c no+ n erly iRd irded e art 44 in +ho de d +'o GGR68Rts nn the final SUbdiViSiGR plat The 45 SUPPOPt 'n '' ++le information c+ ha „e a + +a he d +here +o a 46 47 G-,G—AAt--G-,tiG:)P . ; +h s uhml++alo fr.r the final plat's r orrdinr Comment [C356]: Relocated to 10.02.04 E.3 48 49 of the final ouhrdiy Sion plat the development c 50 a mnc ra or may of m hctan +'al nhannec to 51 the f Ral plat. Comment [C357]:10.02.04 B.5.c 137 I:Wdmin Code 2012 \Current Work\Hdministrative Code LOC Amendment 091013 for BCC.docx 7 10 11 12 13 14 15 Text underlined is new text to be added. atttk FeleGated to the AdFnF Bold text indicates a defined term 7:Fa Comment [C358]. Duplicative . re,., es +e °_-.----------- ----------- --------- -- - - --- Comment [C359]:Relocatedto10.02.04A.4 16 -- -- 17 :fh'n rf'on f; 04.04, Te m;M 18 B. GOR&UGtiGR Of TeqU:r-ed impFavemeRtS 19 1 GGRGtr r +'n cn e n'f'n. 'e !n o +r n+'e ,re f' .f shall be these pFesGFwbeEI a 20 in the design r w dremeRtS r.f +h n sec+ these n 'h d by the Florida 21 22 .,r N 23 M , is de nn theise n+`'ne,+ n the d f ti I 24 spedfiGat'ORS prepared by the liGaRt'e. e.f w el feF h 25 s6ibdMs*oR r , eyelenmen+ Wh'nh FR ay end n p rl PDOT + M d 26 a projeiat by pFejeGt basis. 27 28 29 30 31 federal state Rd leGal development . r order '+ fT'h G + M 32 er his deSigRee shall he ne+'ferl 'n ,r'+'ne at least f 48 h d f the 33 date of ee"',,,eRGe Rt of D..Gh GE)^DtFUGfi„n. G..nr. +r. + hql h f meneem _ - Comment [C360]: Relocated to 10.02.05 A.2 34 6Inner the ner,e,r.,l direr —Aia ;;nd ebse : atiG . of, -and shall a+ au tomes - - - -h - - h, + 35 to, review by the County 11Aa or his de i e • h +h' h II 36 Peke _ e then li...,n+ of +her ono'b;l'+y fGF f'n-,I n nl' ' +h +h d „� nn e�n nm ., 37 imnroyemenf nlenc easel all of the r . i ..e f f thils sep-fin-R. C I rf f f 38 nl a giReer shall be fled with the (`n .n+., 11 AaRa h' d 40 41 have been inc+alle a n w r �n a with the e r ., a m r f 1 42 43 nr e ee ., , _sentative make „ed;G s;te o,s is a+ n+en,als at + 44 the .u,,.,..., S+.,geS of Pe � red meFGcemen+,...^Str,.G.;9R to ebs - th +h'- — - - 45 , � Relocated to 10.02.05 A.3 46 47 rmm�latieR Cer+!f, -ate fe' hA—,.;e ed eRtS GG I +�h I.,....,... ,. reNu'r m�re mY,c. 48 rGm le +ion er+lfinw +e shall he h4ceI7-j A—A nfnrmat a myideu by the f 49 s6, n the o -, ehoen, +'n The r I +' r+ "f" ., + .. ..h II l. rf II 50 138 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added Bold text indicates a defined term 1 her nhded +e the sa+"sfar+In of the eRgineer ng SeN c dlFeGtGF PFIGF to 2 prerm nary arrep +anre of the impre „omen +r i Comment [C362]: Relocated to 10.02.5 B.2.a - 3 4. Gnnc +r r +'nn Ghed le I Inns appre. dal by the Gn n +v Manager er his designee of 4 the 'm en+ plans and �nr'nr +o the ep+ of runs +r Hr +ion Of the 5 required 'm opts a preconStFIJGtiGR ee +'n shall be rnpd r+ed The 6 preCE)RstruGtien meetiRg shall be rd.nd r+ed by the owner and attended by 7 Fepresentatives of the r n +y, +Tfv r the pl'r n +'s nrofess'n al 8 ee of rennrdJ the Gan +roG+nr and the develnner. At the nrernnc #n a +inn gee+'na nhedulle of Gans +r r +'n nd Gepies of all plirable s +p +e and federal 10 permits shall hen vided to the Gee Rty Manager or his desiepee 'n+ least 48 11 12 9R Comment [C363]: Retained language: At 13 er+ p er to the n nG +r. r +iep meeting, the Gee �n +„ Manager er his _ least 48 hours' written notice shall be provided 14 for scheduling the preconstruction meeting with the County Manager or his designee. 15 16 Relocated to 10.02.05 A 080613 17 GGR&Hiated ip ed roadway areas shall be r nio +ed in r r do. no vVith Comment [C364]: Relocated to 10.02.05. A.1 18 19 20 er+i..e ...erL nn the r red im en +s shall he nensidered in srhedi Jinn 21 22 des'n shall be Ratified within 74 ho with written fd,nnud u of env preble ms 23 24 to the r ple+ien of the r red im en +s ip ohs +np +inl r pliapre with 25 _ - - Comment [C365]: Modified and relocated to _ _ _ _ _ _ - - 10.02.05 A.5 27 beneath the pavement shall hen nle+edd tested, nd fey Rd +e be in 28 GeRfEwmalPlGe with the a edd i ep+ plans p r +e +he ins +nlln +inn of 29 pavemeRt. All p a+edd with a n +o pd s r fanJiKp 30 rd 31 nrddinnnne [No.] 88 76 [Goo rh 134 art 1117 a ended and all n +her rd federal, state and leral r i Ja +inns and- Ia,.,o 32 pplirahle fee 33 6. Gnnc +n Idien in er+inps by the e s ddird,!. F I Ipon a al of 34 the im en+ plans by the e s direr+na +he a plinan +d 35 prefessieRal engiReer of rennrdd shall hen vi -e - Dui +h A list of s +an __rd 36 37 Aln+ifirafien of all r read in er +inns shall he ron+ained in the a dal letter far 38 the de..elepmen+ -Rased en the scheduling nd n e of p ns +r r+'o the - 39 plirap+ shall her sihle +o ne+ifld the eRgiReePIRg s direr +nr n r +o 40 the fime these in er +inns a required. of least nR hours' ne +ire shall he 41 42 Verbal GE)RfiFM@tiE)R Gf jRspeGtiGR time Gr a request fGF FeSGhedWiRg Will be Ma +v� the ennl neerinn sendires direr+nr nn each nn +fora +inn made 43 . [ _ - Comment [C366]: Updated and relocated to 1 - ,irod in Utilities - - - - - na- 44 6M ANTeguF „Tspei;ti ,Ts as stn +ed i ilieFGeo�nty �c;�arQ� - - -� 02 05 A.4 J d 45 Drnred res Ord i nap re suhserfien O n 7 s h a 11 r ne +ire M the e 46 s direr +or 'Also the e s direr +or shall he nnfified of the 47 48 with Feads er sidewalks. I , - f�,omment [C367]: Relocated to 10.02.05 _ A.4.a 50 Comment [C368]: Relocated to 10.02.05 51 thFeugh he @PPIZRt. ._....--------------- - - - - -- A.4.b 139 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. And qFiteRt Felecated t de OF revised Bold text indicates a defined term �S2 etyAthstandinn � +' + the ,�. The- fefeQ^d;;g -R , r^ ��- S�o�ef_�,m_�S- �- eflqf122ffRQ _ _ _ _ _ - - Comment [C369]: Combined with above and 6ePV Geis d'r n +n be ed e t , ; thou + netig all G St ., .-, ,.+n., t relocated to 10.02.05 A.4.b 3 4 PFGGess, if the s d;rester finds reen-strudie-in wR ..hish 5 6 7 nrk order is 46sued, i+ shall r n full e#eet with r en+ to the defer. +'v gnrL until s sh +;me as the deli imeeted d ;serenaneies have been a Farted +n 10 the full satisfastieg eF the .. s d'restnr 11 Design g,�a +nnthe-ared ;m eg+ alaaa ek 12 e - - -- -- -- -- --- --- - : - - - - -- 13 appFeved by the GG IRty 11 Aanager er his designee Initial aentast with the G9 nt.. 14 Manager nr his designee may be by verbal nen +art whereby a re Unt„ Manager 15 eF his designee's field r entati „e May end a al to the DSD 16 haled on a Feld in nen+ien of the de.dat;n and based en its a alenev to the 17 appFeved design Hewever if required by the Gee ant.. Manager r his des; 18 de +ailed ...ri++en desnr;n +;nn of the n ed de..ia +inns OF ested design 19 edifieat'e the fer the de atie ed'f'ea+ie nd r ed eF 20 mpFGYeFneRt plans shall he s, ibmittell to the County Manager nr his designee fnr 21 22 23 . d testis. sin +' the + f 4 i-0. {�G'�2SFiieti�2F�5- E3f�v -�c° G^TOCrvvriv i, °c- ca�ppriwr^rrTpivrcooiorivr 25 of re nrd shall ci lb.nit n.+ to the GO Rt.. Manager er his des'n 26 whieh dn.v invents the dates of insneetinn all m ants field tests, 27 28 EeastfastiGR. Comment [C370]: Modred. Relocated to 10.02.05 A.5 29 i _ - Comment [C371]:10.02.05 EA 30 sified iR n o� + ;�� �n- n� -nn -Q b -..d � b di, s nn perfin-r.m.-amrGe iFAy 31 has been submitted the e s d;rnetr.r m end to the 32 hoard that ;t draw uoan the subdivisinn nerfermanne s it ;t„ n e-then.Bse e 33 the subd6dsinn nerfermanee s Ur;t.. to be i ed +n n plate the s ns +n n +'n 34 35 36 . 37 The developer m request n year evten s fnr emmpletien and a eatanee 38 of the r red .m ants A m ..+ of 7 nen --ens may be n anted Canh 39 request shni Jd n vide umi + +en 6 s + ;fiea +ing fnr +he evens :nn 40 � - - Comment [C372]: Modred. Relocated to 41 10.02.05 E.2 42 43 44 in+enannn of the r red im en +s Under the si ibdi..;s;nn nerfnrmanne 45 46 47 48 49 . 50 51 satisfr.etnny n nlet'n FepaiF, and m ORtPRanGe of the r red im en +s 140 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Tex! GtFi'(8thFeW@h is e n.�.� , r,.,d.. OF .,.. a..,.a nd intent relocated t Bold text indicates a defined term 1 +e make his hes+ efforts to restore the p party to i +s predevelopp.ent gondi +inn 2 el: te a-the-P.A.4s6e take aGtion to mitigate the GE)nsequeRGes of the fam!uFe to 3 r4 the r ed im ants the nt„ Mapager er his designee shall r pert +e 5 the Beard ef Geunty and the -heard shall aGGept by ri@69161tiGR 6 7 plat IR c Uoh ^ e the r uhdivisi norf ^rmon ^^ l irifii p ^camter! by +ho 8 applorant shall be retaiped fer the warran ty p ied hehyeen preliFRinapi apd final 9 aGGeptaRGe in Pew of the r _ red m iptepape.e n ent and 6uhd6.i60op 10 perferrvnaRGe s Srity to p yWe f6lRds fer any repadr6, intenanoe and defeats 11 GGGUFFiRg d , g this warranty p ied 12 13 6 +n p+ Rd ^ plate the ed i - _- - - - - fflffevemeRts - -r tom- 14 15 . 16 We rpferepse shall he made to the pre G.pipap. suhdi.dsien plat or the final 17 subdivisieR plat with r eo+ to the sale of lets a issuaRrUe of Wilding p mits 18 19 20 21 shall be required top sa te the o Rty through the payment. of now revieY., 22 23 . 24 G. GempletiOR, appFeval apd aeeepta„ee E)fFequ;€ed iFRP-eveFReats- 25 110 P_eperal The r red i n +s s ns +r„r. +ed u nder the pelisies pFaGeduFes, 26 27 . 28 011 applisahle gop.pleted water and seiooer fagiGt es shall simu dtapeou illy be 29 Genveyed +e Gamer rep Rty er +e rapier rep gyp„ Water Sewer niG +rip+ pr its .r 30 depepdent ater , r .. .rip. he Fe ate ' or then a +e water 31 .. r distriot in onfor.anoe with the p of Gellier Ge.un +v (lydinanoe n1p 32 134, aFt. 111], as ameRded. All Feadway 33 34 35 36 37 pscvrrGtF6lGted. 38 2. Aeseptt lPrEel`RpletionfaallTequ%red 39 RGeorrrequ;red nts— 40 41 designee All Aster ands r faoili+ies a ed apd a opted in this fashion 42 and r red to hemaintained by Collier GG Rty shall he o ,ed to the ^ 1* 43 44 45 agFeement apd the pes+ipg of subdMlsien porferm apses rihi for the 46 rnaiRteRaRGe of the r red im en +s shall her red p r to the 47 pFeIimiRaFy n al of +he ^ plated r red im en +s 48 3. RfosedI6lFes fog- aGGeptaRGe efFequired impFevements. Theap ,r 6 6hall 49 the fellewipg data nertifipa +inns eo +inns and des„men +s for review nd 50 51 [FRanagerl r his designee deRying n aptipn n antipg with oondi +inns 141 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [C373]: Modred. Relocated to 10.02.05 E.3 9A2 Text underlined is new text to be added. Text kethio gh is _ t tp)d to he deleted f.,..., [=[)G And intent Fe'acated t ode OF revised Bold text indicates a defined term 1 2 alithnri Zing the site development review direOtor +e is arly building p m'ts ' e + as revided for in eO}ion 10.02 04 A 4.d. of +h:6 Gode fGr struGtures z to vim° stn.e.ted yAth'n A SUbdiVIROAR or deyelepmeRt where the deyelepnr has 5 Ohncen +n n +r .n} }he n+s r to ord'p of the plat 6 a. nnaintanange a en+ and subdivision performanne c :riff, The 7 appliGant shall ° n: rte n inters agFeemeRt n an+ee'ng the 8 required . . ^ et , st defect ' workmanship material f..: . mrrve enc wow ^ „ and 9 10 required kripFovements by the Beard Of GE)URty QGMMiSSOGRers and 11 12 intenanre a eat shall be s: ibrr.i + +ed +o the County Mapager er his 13 designee along wd +h the n ale +inn Oertifira +e develepment r r.rds and 14 I hdi;i periormanne s +v far m +enanoe of the r red 15 im prn.,e. pen +s in in+ equal to +en n eat of the GOSt Of reg , red 16 irnpFevemeRt6. The s: bdM!5inn perfnr riff, shall he in a form 17 established by the Ge unt„ 11 tanager Or his dec'n a from time to t'm and 18 as shA- vn in endiv A Fn-aintenan% na agreement ands r'h, shall 19 be apprGved by the GGURty attorney prier to aGGeptaRGe4 20 . 21 b. Assepte„^seefdedina +inn and m in +eaar;se ef improveMentS. The 22 dedinn }ion of p :hlin 6paGes, arts Fights of way, a en +s or required 23 24 25 resolution adopted by the Board Of GOURty G9MFRi66iGReFs *Rdiisating that 26 the appliOan+ has attested that all required im ents meet OF eed 27 the standards established by this section. SUGh Feise'Ut'GR shall be 28 prepared by the GGURty Manager or his desigRee after all of the 29 30 nents have been met to the satosfaetion of the COURty Manager 31 n-F h0s�esi- 32 33 den: aments The required im eats shall not ben sidered g ale +e 34 6IRM a statemept of substar,tial O pletign by the a p"Gant's prefessiepal 35 of rengrd aleng with the final deyelopmept r grds have been 36 37 designee far GGmpl'a ui +h this sea +inn The applioan +'s prnfess'nnal 38 °n Of r Ord shall also f sh 1 e+ of r ord On;pK n+ pla 39 a m..lar Or other similar a eatable material, with a minern, wn of 7 mil 40 th'nkpess and 2 sets of nedified prints n eatable to the CO :nfi, Manager 41 or has des+g;ee, shg g the al de n to the g+ ual 42 43 sheet O iler to printing of the required sets of grin +s The applioan}'n 44 professiORal a shall also s-:hmit digitally g ea+ed r nstn:ntion/sito 45 plan dog,invents 1 disk (CDROM) of the master plan file 6FIGIuding, ,.,here 46 47 dFaiRage s }em The digital data to he Submitted shall fell-:.. these 48 formatting guidelines. All data shall be delivered in the state plane 49 GeeFidinate s ,stem with a Florida Fast Droieg +inn nd a North Amerinnn 50 51 /I IQFFFT\ nits; as established by a Florida registered s and 142 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. T-B)d StFikethFGugh is GI IFFRAt tPXt tA h.. deleted fFnFn LOG I the ndm _ e and intent V _ _ tV d Bold text indicates a defined term 1 2 feet. Cn'I cTsharll r be- ' 'n ^- c- Digital r c -vahaa ya He (DXF) ferrat• 'nfnrmn +fv . _.. _. 3 , 4 GeRtedineSC1 , edge- 6frFpav"c°-rnelt Cno ^ +..) • r.,r plan to be 5 deemed I + the layering home .r.l + be �rearlily understood b�£ 6 County staff. All propepty 4ormation (parGels, lots, and requisite 7 pertaining + the property f at ,re Inca +eel on that layer. Example: 9 1 All "Res that form 1 boundary will be IGGaterl OR 1 parscr3�cmnTar- rvlr-ImTrzn�Fraroc °r oviailaaiT ... 10 11 am layer. Example: 1.+ A:.......s n+Fv+ lay In additin -- £ of 12 livable e,••„•n• ±r. tests and r ner+r, ..•a.te -n the eFk and c+F'P er _. 13 rnaterial dUFiRg the nreareoo of Gnnc +r, _tier, m -o+ he furnished. The 14 reGGFd „G, •,•,t• _.,_t.... • data °hall be certified by the annl:aan +'c rafeoc al 15 16 Imm el to the fOIIG a item- wh;ah have bee obtained through surveys 17 n l:fw ,ed e^ the __. nle +ear al i e,+ imprevemeRtc 18 I. Roadway e `.,,1;^., ele.w +:e,._ at all 'n +e.....e + ?e.._ and at 19 MiRimum at all n 'ntS of ..erti^aI 'mercer +inn (PVI) alnnn the 20 feadway. 21 ... 'R Ft and ,d ,, ,I„t ele atie •s of all ..later ...v. semen+ otrl rat r_- 22 23 the 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 143 LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A2 �i 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Text underlined is new text to be added Text and intent -eingated tn Bold text indicates a defined term 26 27 28 29 30 31 32 33 required rnaiRteRaFlGe period pursuant to paragraph (3) of thir; seetien I Intil 34 35 by the GOUR y Manager his designee. 36 7. Final approval and aGGeptanGe. The appilGant Gourity 37 shall petitiorl the Manager 38 39 40 41 42 if it it the board's desire + + . rl + the F '1'+' The beard has Pq 43 44 45 46 47 48 49 the seer- 50 51 a developer may apply for a GOnditiORal final aGGeptaRGe. The GGRditienal final 144 hAdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9A2 on Mill Text underlined is new text to be added. d ntpnt relocated a or revised Bold text indicates a defined term 1 aGGept@RGe May GGGur .th °n the required subdg ...._.... nr . _..._nts With the 2 t' R .,f the fiR@l 1 f Gf asphalt, and ;R `°.+ ^,r, Gases, .,^r+'e RS °f the 3 sidewalk( s) have received M s°+,sf.,n+ ry final n eGtOnn The developer shall 4 5 c.. + of the nits add'+' °n°Ily, the deyel^r, °r shall provide a 6 letter to +h` n r.'.. a d re Gter rah: ^h Confirms the rd °v°I^n°r's :n +on+ +n r °tt °t 7 + all of the FemaiRiRg iMpPGVeMeRtS Within ^ 12 man +h time d. 8 AdditieRal 1 year h° ..,,±_....,....,.... y approved h+h° _ ^ __. . ^ _.._.. -t. ny n° ny r 9 10 11 plat shall be in , ^; +h F.S. § 177.101, as amended. _ Comment [C374]: Relocated to 10.02.05. C 12 E. Imo,- ^v °m °n+ PaR D°^udr °m °n +s -- - - 145 (:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx i, Comment [C375]: Relocated to Admin Code and LDC 10 02 04 D.2 .b Comment [C376]: Relocated to 10.02.04 B.2 Comment [C377]: Moved to Admin Code. 1 Construction Plans and FSP — Digital J Submission Reqs . � Text underlined is new text to be added. and intent relocated ta de er Fevised Bold text indicates = defined term 2 3 G1. .4. det—Ailed water maRagement plan OR aGGE)Fdancewith the master watef 4 5 O GGmplete water management system jRGIudiRg, but Rot limited te, Glesed 7 dFaiRage areas, desigR high wateF, FeGUFring high water, aGreage, -a 8 S 10 subdivisiGn plat PLAFSLJaRt tG seGti9R 10.02.04 P.3. te be utilized by the 11 12 13 14 15 10 17 18 19 20 21 GE)RStFU6tqE)R permit subm ttal. PF eF t9 approval the appliGaRt shall provide 22 23 24 25 26 27 28 29 30 31 32 83 10. A2.04 A.3. 34 111F RgS ef the 35 30 37 38 39 40 41 43 44 45 46 47 48 49 50 51 146 /^*vmi" Code zo/z\C""°*W"mwommmtraove Code mc Amendment ovmm for eou.uocx 9A2 Comment [C378]: Included in the Admin _-- Code Water Management Section I Text underlined is new text to be added. �T!!�Fli�!!IIFGII@11 is GWFF9At text to Bold text indicates a defined term 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 9 A 2 Comment [C379]: Revised Moved to Admin Code Comment [C380]: Relocated to 10.02.04 B.5.e - - - -- Comment [C381]�All of E.3 is relocated to 10.02.04 C .,6 ib!'G reDrt4 The tree+ syMp —rn e+ si-lh—dk-4sjen appfeyed _ �CO3 mment [C382 • Retained n 4 03 08 A 4 ., .s, DD+ +., +hie SeD+iD., ch a be �e.,.,o� +e.+ +., .,� ihGr� F.,�� -I �.�hiGh 06 +o +e ss reference t ]4.03 08 A.4 in new 10.02.04 i .,� . �... .., +�� mein +Diner! �aiith . I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 jly k'ea� Text underlined is new text to be added. ad Bold text indicates a defined term Comment [C383]: Retained in 6.06.01 I. - Comment [C384]: Retained in 6.06.01 M. Cross reference to 6.06.01 Min new 10.02.04 C.7 0. Sanalo._AF!„ al Whinh fermsa a.t of the a, .h"G Wat i _ Comment [C385]: Retained in 6.05.01 E system ohall he . ed-ie.a+oa far and .,, 'n +e,naRGe p r the r eRb Cross reference to 6.05.01 E in new 10.02.04 C.6 water m _ ded'Gated +e the p 1hl'a .: thO t +he e.'h'I' +.e fer m 'n+enanre as a drainaa ent A m intepaAGe ep+ of a size eptahle to the Go Unt.. Manager ar his decianee p easeMeRt n ea+ed m lot ho of n c - kahle fer the n ed n al aRGI +r Rte 'R3ePA 6y6tem ; - Comment [C386]: Retained in 4.03.08 B. i � Cross reference to 4.03.08 B in 10.02.04 CA rhaono Renamed -Water Management System �se�j�appPGable, easements shall be eed alepa ret 10^^^ v,vs.vrnrrcavr Comment [C387]: Retained in 6.01.02 (intro). alana the aliapment of the im epic -r- - - - - - - - - ent., in ardanne With all de6:an r epte, s as H. n vide fnr p c to and r Rstrn r.t:nn and m intenanne of, the im ento All rekninane of bdi.,ioipn plot is not submitted, then the n nn +c need to _ _ _ Comment [C388]: Retained in 4.01.01 Cross reference to 4.01.01 in new 10.02.04 C.1 PV Renamed: Elevation, land filling, excavation, and demolition requirements for all development ram mic cianenr FF=MNClonn nr Qnu hh Clnrida Water Management 148 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ' 9A2 Text underlined is new text to be added. Bold text indicates a defined term 1 D`+-- _+rr' +er:a All laWul r 6lat'G.,_ with rofornnnwn +n bulkhead linoc anr 2 $a +[va+ c. r] ha rr'e r I'n s and ether appropriate re elatinn c re garding l 3 rtinng,- G...,,se atia ,.,......,n} n. ' emel.f.O Rd related r n latie Rs chill 'r.' :n n n , +he r9nntr6lGt;E)., of any. �w+nre emnn +S .ii +bin GGIIier 4 be obse ;e,d d6i,, 12 6 Ih C' M rl a + C' h 11 .+ +s 6hn_II hn ern_"' ina at nn nnS + +n fhn nn 1n+ 'n Comment [C389]: Retained in 6.04.03 B.3. 7 all 1i and rteye'O GRt6 In all Gases, fire hydrants shall he ,h. ±? ,rr�- rzr�rrt c.i -.. ... .. noo... ... .. ... ... ._ shall Cross reference to 6.04.03 B.3. in new 10.02.04 . -•T? . -- - - n 'nerd and s Gerl':n the ...`..... nr _r;berl Iby� the�rdeGjgp C.5 oatien areas, senseivation area6, 9 requiFemeRtS of this see +den 10 na and ente, an eentrnl n into P permanent r• menu an.J enn +rnl 0 n+ ; Comment [C390]: Similar to 4.03.07 Cross h ll h + 'bed by. 11 shall be F.S. Gh. -177 � amended. a pertaining reference to 4.03.07 in new 10.02.04 C.2 Details p. � .� 12 13 fGhh by these r ell la+:ons anrd these nreser'berd by F.S. eh 477 a- 14 ameasled, 15 °aFk6- npr'evtceevtaea aFea6, ppcse oatien areas, senseivation area6, 16 eat e al en.J e"h""I ri +e° l _ _ Comment [C391]: Language relocated to 17 PaFk6, pmteiated ilen aFea6, GGRISeirvatiffl aFeas. 10.02.04 C.15 18 J a -- - ese ,a +;^.. areas and ^_.._p. _Mien 19 20 21 federal state nnri Ineai a 22 ... 17eereatienal a.,....`.. Resreatmenal _^_ shall he rlerdi_ate.d anrl/er 24 nrd /er oeny.eypnnn r 'repents Herd r g la +'ens of federal State 25 and legal ageRd- 26 .... Cshnnl Sites. Ceheel s'tes shall be derdiGa +ed andIoF a ierd in 27 28 GenveyaRGe FeqUiFemeRt!6 and regulatienis of fe Jeral s ta te anrt 29 lesal ageasies- 30 h PlantiRgs, +r___ aR d graeel All riehts of wa an J earemen +n for ..tree+ Comment [C392]: Retained in 6.06.01 0.2 a 31 eards rdriyes and the like shall be nlan+eri with +ree� g Cross reference to 6.06.01 0.2 in new 10.02.04 +her cMhle vegetation n 32 both s'rins nrrJanre yai+h +h C.9 6,des i � w..Ge da Ge ••••• • the Renamed - Landscape buffers 33 speGifiGatqGRG, Iimi +atie nrnre.d. rns types anrd inters aIs set fnrth in the 34 .ate n intyi r u lat'eni Rd r en +s indudiRg but not km4ei d 35 36 n d'n a Ale 82 91 n.Je.J rs , erderl by er,Jinanae fey R d i 37 Gene eh 4401 act III All .i+hin rah +s ef_way shall he 38 Scahilize.d by seed a sad'" of e. t+iy.ate 1 grass speGies _ { able +e the 40 41 42 43 44 45 46 47 48 49 50 51 149 1:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx - Comment [C393]: Cross reference to Utility Standards Ord. 2004 -31, as amended in new 10.02.04 C.14 Text underlined is new text to be added. and Bold text indicates a defined term 44 45 9A2 46 _ - Comment [C394]: Language relocated to 1 - -- - - - -- --- J 47 - - - - 10.02.04 C. 48 49 50 ohnll be n .nrl y .- ..d +h rnn.Jitinno nr rlon'nr! Tho 51 150 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Text underlined is new text to be added. Bold text indicates a defined term 10 R. Streets aR d aGGe i en+G 11 Inn c„hrvcen streets ar.e �� imnre.e., en +s a R_ d related faGOR6e6 _ _ - Comment [C395]: Retained in 4.03.08 A _ _ _ 12 _ Cross reference to 4.03.08 A in new 10.02.04 13 C.3 14 15 and Felated fee Hkoes shall be in 4.0th the desigR 16 17 18 StF6IGt6IFe, lra'paae o' le,., ILc I . +r ff'r .n +re Uc44,- .de..inec 111- 19 I _ _ - Comment [C396]: Retained in 6.06.01 A. ] 20 Design Requirement, not Required 21 Improvement 22 23 appFoppiate FelatiOR to th8 PFOPOS@d uses of the land to be 24 by sueh€€ 25 - Comment [C397]: Retained in 6.06.01 E. - 26 Design Requirement, not Required 27 Improvement 28 29 30 31 32 33 34 35 ;lh1 All ev's +'n and fi fi re n hl'e anrd pr re +e rights of 36 wa., +h a+ _ - Comment [C398]: Retained in 6.06.01 0.1 37 aFe designed p ravel to eaeh e ther er to the he n.dap, of a Cross reference to 6.06.01 0.1 in new 10.02.04 38 C.8 39 sepapatiRg them from etheF Fight6 of .. r the a eet 40 boundary, shall he separated by a lanrlseane h„ffer 41 PUPSUaRt to Chapter A The buffer area in there a droll 42 he separately designated en the final s, ,h.di.dsien plat as 43 trae+ n en+ and shall he en the final 44 S-1-1-bdiViSiOR plat Geyer sheet to the a late p erh, 45 , 46 p +eR_RRGe ap,d upkeep p 47 - Comment [C399]: Retained in 6.06.01 F. 48 Design Requirement, not Required 49 Improvement 50 51 151 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 I „� e 31 Drepeserf s +Fee +s wh'eh a R al'a GRt With e +here Text underlined is new text to be added. p TeXt 1r'Lethr.. .. ....1..1. ted frGFR 32 streets shall hear +he same Rame of +he e 'st'n street y V V Bold text indicates a defined term 1 ^la ^ ^^ r+ et G4 P'a^cc, cwrrcrc7 2 +he+he shall the 3 similar to ran\ 4 5 Opera +'cps 6 plat a ,al 7 and a nstr at'ep 8 _ - Comment [C400]: Retained in 6.06.01 H. 9 Design Requirement, not Required 10 Improvement 11 43 pl iblla FGaddway markings shall be reyiided by the M°'Ve!^^°,- 12 1211866SSISIFY PROF 13 (`eptrel Iles' 14 - Comment [C401]• Deleted. Not possible with 15 G. c +r ^ ^+ ariners and traf G, ent.4 ae' 1 ctre„ t r . iake. House Bill 503 16 a nd traffic ptrel de "'a shall be p ey'rlerl by the deye Inn .,} ^^ r ^r - Comment [C402]: Retained in 6.06.01 P.1 -3. 17 iRteFE;CC },C, ` ^,C AREJ ICCM }.^ s desigRated h„ the TraRsperta n Design Requirement, not Required " ' .....,.y "`"`.,.. `" ”" "' 18 �� i; � Y.,, Improvement a--. er h's rles'e _ e fnr all affected stree ts .,he +her the streets 19 aFe existiRg n ed C rh m rL^ro and it ff'^ r }rnl deviGes shall 20 be iRstallyrl aprl e ns +r a +ed by the a pl'aapt to the app! G pt' 21 C.11 22 pFivate streets OF iR _ nf ^_rmanae o }l. With Rd@Fds Merl Fe GG ,, Rd M ` G„S 23 et fer}h ,n the latest er!' +'e of the I I'C fl (l. TC.H W A A4;; al 24 I Inlf ^rm Traffle (`OMM! rle"'a c f- - "AG streets. The Trapsperta +'en 25 Administrater e,r his des'a shall a ept alternatiy SpedfiGatiGRS OR 26 fpublie stFe �± ss age .,horn, an aGGeptable m iRtenanae areem t has 27 beeR sided Alternate c ee'f'aat'e c fnr r' ,ate street c na a heFe 28 N' "Y" ert 7 ` ae ^the nt'fi, has nt^ r „ t' 29 30 des+gRee- 31 Drepeserf s +Fee +s wh'eh a R al'a GRt With e +here }' d d 32 streets shall hear +he same Rame of +he e 'st'n street All tree+ Rames 33 shall have a suffix i.e., street, avenue, bealeval:d, dr ve v-- a- nTV-�'I ^la ^ ^^ r+ et G4 P'a^cc, cwrrcrc7 34 aad in Re Ease, a *sept as indicated if1 thepresediRg seRtepee, +he+he shall the 35 Rame of the re e ed street eJ pl'aate er be phepe +'Gaily similar to ran\ 36 exiStiRg street Rame arala of the use r,f the suffix. 37 1111 street n shall he s h'eet tea al by the GDES Opera +'cps 38 rlirea +r,r er h is des'n e d n the preliminaFy subdiViSiGR plat a ,al 39 re .n the finals bdiVis plat er the f'Ral plat � and a nstr at'ep 40 plans if the a pl'eapt cheeses net to submit the ept'e. al prelim 41 ,G l­1 h il i, 'i Sie R p 1 t 42 - Comment [C403]: Retained in 6.06.01 Q. 43 pl iblla FGaddway markings shall be reyiided by the M°'Ve!^^°,- as required Cross reference to 6.06.01 Q in new 10.02.04 44 by the I I C ll (1 T C 1-I tAf A Map al nn I RA)rm Traff1e (`eptrel Iles' 45 oQfr',.^..Fe GGRGrete valley a ++^rs hprrier +he edge e.f pavement and fnr 46 pFivate eadways this r en} m he waved by the Transpe.+at'e 47 AdmiRistratOF OF WS deGigRee. 48 p Traffic a Rtrel rte e^I Traffic. e.eptral eie"iee^ ^hall be p ideei by th , - Comment [C404]: Retained in 6.06.01 R. 49 eieyelepe,- when a c+� dy iRdiGates +raffiG eertrr,i is sjustified a i Cross reference to 6.06.01 R in new 10.02.04 50 aRy street ip }ersee +ieR vVithip the sl Ibeil'Asien er eie„elepment a ,.,here }he C.11 51 152 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added Bold text indicates a defined term 153 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text s e.h.,, ,.h i G11116RI te,,l le he de e a from i DG Bold text indicates a defined term 1 nn +he v.a+or MaRageMeRt vale..la +.,e, S the ba c foF + seasen at 2 table —ter 3 X. C()RStF6lGtieR plans fGr a!! subdivisions, site development plans, site 4 5 indude a geneF ^I , ^e +o s +w±;„y that all eff site u a , aye „�,o �ts- 6 8 shall be Ge meted and er^}'„r,al prior ±„ ", ,,,,,enGeMeRtof 10 a) This FequiFeMeRt shall be established at the R;andatc)Fy pre 11 12 Fequired eff site dmpmvemeRtS Will result jR a step work erde 13 14 mN�. li +h +h'c requiFep%44t, 15 b. The engineer of reeerdPrier fe final EIGGeptaRGe, shall pmvide- 16 17 beeR provided iRfrm^ +,e„ on hew he C.ez ate �,. ha s- 17 18 and the it: c h l'+.. +r, m RtaiR the system, 19 # # # # # # # # # # # # # 20 154 I:Wdmin Code 2012 \Current Work\Adminislrative Code LDC Amendment 091013 for BCC.docx 9 A 2 _l Comment [C405]: Relocated to the Admin Code- Construction Plan reqs section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Text underlined is new text to be added. '�u.,a ..,•�- ed to ... the n_m.. _•. .. __ rae a __ Bold text indicates a defined term Administrative Code/ LDC Amendment Overview ` Admin Code Ch. 4 EA Vegetation Removal Permit Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.06 A and B: • Updated provisions in accordance with HB 503 and current county LDC provisions 10.02.06 C: • See 3.05.02 for relocated language. • Relocated vegetation removal permit requirements to 3.05.02 to consolidate similar provisions. Section 3.05.02 and 10.02.06 C contained almost verbatim language and a conflict existed. Revision: 6/6/13 CC 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and /or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issaaase e# Mred c.,..;,+„ development orders 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 Bede to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County gGrowth mManagement pPlan, or (2) if issuance of said development order of {or} building permit is inconsistent with the gGrowth mManagement pPlan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the gGrowth mManagement pPlan. 155 hAdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx ' 9A2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Text underlined is new text to be added. Bold text indicates a defined term 1 Permit or Land Alteration Permits. i 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 . A zoning certificate, attesting_ , - Comment [C406]: New language to compliance with all aspects of the zoning provisions of the LDCt =a wi ,de„elepmee+ Ge,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 LDCLand Develepment Gede. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent 26 of any approval conferred upon the building and the land 27 pursuant to LDC section 10.02.03 and of a zoning certificate 28 issued for the building and the land, shall be required. 29 iii. A zoning certificate shall be required for any use of land or 30 buildings located in residential zoning districts, which involve the 31 conduct of a commercial or other non residentially allowed uses of 32 land or buildings. 33 Building peffnat submittal reqi iii: ��RtS f9F SigRS pFevided iR seetiOR 6.06.11 a 34 ----'L _ _ _ _ _ ----------------------- Comment [C407]: Removed. Duplicative. 35 Vegetat+ea F eaa^" equireFAe _ _ _ _ _ _ _ - - - - - -u - _ - Comment [C408]: LDC information relocated 36 1. 9therNcw,;.ts required. Ne . cgn + hel b „- , d h +h to 3.05.02. Entire section removed from 37 !` ,+ , nneeeeer er his designee until n el'e ehle fe derel d state, d 10.02.06 because almost verbatim language 38 was located in two places and there was a 39 conflict. 40 a. Building e Fmit6 (F=xGept •R ,...,.erne ^CC with seiatien n 06 nn A f +h' 41 Code.) 42 g. Spee;el +reatmer,+ (ST) .de.,elepmeRt a .,,; +r 43 - ment [C409]: "or exemption” is not 44 d. Flerida Deeer+ment of ERViFO ee+el Dre+e�Aen er.,,i +6--------------- t r.,.., ...,, „ .,, " , . .......,, .,,, . i-- � � . � .., ., _, ,p�,o, �T necessary. The Core does not proved a letter of rexemption. 45 46 47 exemptael�s 48 9. South Flerida Water Management D strio PeFIT146 el: exe,;,ptieRT 49 h. 0-the appllGaole aageeRG, rry °rFc7irorpcnM6 er°exe mpptieRs.. 50 I. n+he 156 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added Bold text indicates a defined term 1 2 3 4 iatermatieR 5 a. A generalized vegetation eR +e.., which 'psl ,des. 6 Generalized , ae+at'e eRten, ed en a eR+ 7 aeFial. A a ralized ne+at'n eR +r.p, shall she,e, +he g ma +e lesa +'pn and extent of vegetatien en the site;; the 9 iRveRtOFY shall be based n the mns+ r en+ available 10 iRfGFmatien. The iR eRten, shall h° in the form of an aerial n 11 field s Rd may be accompanied her phr.tenraphs n 12 13 PE)SjtiE)RS R the a ai n but shall dearly Indiea +e habl +a+ 14 types and pre +anted vegetation, and may be n 'ed by 15 phatearaphs OF videotapes ill strat'nr. typisal a of verse +a +'n 16 FefeFeReed to p s'tiORS eR the al er survey. Then ral zed aeF 17 vegetat 'en eRten. shall be n red iR seme maRReF wh'sh 18 GIearL, illustrates the rely +'e Rsh'ps hetweeR the a of 19 vegetat e and the p ed site ;m en+& 20 fl. ( eR °r ° d . ,r+ +nn assessment anr7 n ah ua +i..n The . alized 21 vegetatiGR en+np, shall be a ed by a brief wFitteR 22 assessment of the plaR+ s n't'e e,h'sh have been 'deR+'f'ed the The h II i I d- ah atie of 23 eRzhe Win. eassessment rsa-ruan--n�crou�arr° 24 she stn Rd quality of the plant s Rltie Ide R+ified sL A�R 255 their arty, ah'I' +" and s sh ether ph„s'sal sharas+er s +'s nd 26 fasters that may affect their ,at'n Rd n of aR„ 27 halal eagle Rests The in enter„ eR+ and ° ,al .a +inn shall 28 be prepared by a person kRewledgeable in the ideRt fiGatiGR and 29 evaluation of vegetative sh as a fnres+er, h'eL.n'st 30 eloois+ her+iG Jtl Fist !andSGape rr.hiter.t OF sedifie.d 31 RuFserymaR. 32 Hi DeaseRable addi +Irma' info rm a+ieR The ('e, iR +v MaRaner er his 33 34 35 dm' +rR+' f +h' +inn aQ„- ���.�,rTse�,r 36 t3. R site piaR whieh incuees 37 i. Drepert„ ,dim 38 H '-AG;;t;Pn of e st'R Rfrastr st and al+erat'e 39 iii- I osatien of p ed stn Us+Ure ipfras +n ip+i ire and al+eratiens 40 iv . The Inca +'n ARd speeies of all pre +es+ed vane +a +' en. Large stands 41 of a s ales sh a s heads , be iRd'sated a 42 gFeup with aR appreximate Rumber er area. 43 . 44 e+te to 45 be retained- 46 47 _ - Comment [C410]: Not allowed. Deleted. 48 G. AR e su bed sta+emeRt ghish innli ide 49 I Alamo address and pheRe of n erfi, o 50 ... nlam° address and pheRe of a„therize.d agent and n Site 51 repr-eseRtative. 157 I:\Admin Code 2012 \Current Work VAdrninistrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text V - Bold text indicates a defined term 9A2 Comment [C431]: Language updated and moved to the Admin Code 22 Femeval pe;: n,r. 23 24 Manager er his docinn.,r the rease.,is\ shall be Reted the appliGatien 25 26 27 apnlioa +in nd approval shall be aha g d a Feview fee 28 . L - Comment [C412]: Moved to the Admin Code. 29 _ _ _ _ _ _ - - Comment [C413]: Relocated to LDC section 30 there a no bald eagle Rests. 3.05.02 31 32 33 G! ea r;n � ."..,. .. e, I e G S of hind- Ii-S; PAt re q u; red fo +h al f + + d e Fe FR 34 vegetatiGn, other: then 2 GpeGirReR tree aR a parGel „ f 12nd_._on.,_ad 35 roo;ron +inl 1 single fa m,,, (DnCC) , Y / Ih .yam � d` u, l /\ D1 I+ (A) eF 36 estates (E), o+he r I al RGR d' , la JI d DDA 37 {1E3116�,^,m„omlal `G n diStFiGtS :ihiGh s le fam l lots have been 38 39 FAR-t, 40 A. building permit has beeR issued fer the peFmitted PF;RGipal 41 Stru64 a I +ho building pe mit see, s as the GleaFiRg m' +\ ar ' 42 i. The orm`++ed r @I str..Gt.., e has "eeR eR t, + d d r, the 43 nrnper+„ eF ..wry'..^..':: ed agent GE)Rd6lGtiRg the T al 44 AM the tetal Area that , will be `ie^red G,, site dGes ^O+z�GeGa -4 45 ae-re.. I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx net tiG oI erm' +'� .,t r 'row ter the a. f +��r1 >� Vey.,.....,.,,, ,",,.,..., ;..,,,,,,. ,., ,,., ,.,.,..,,_ ," N, 47 vegetatiGR ether thaR a speG PReR tree, WheR a site plan and vegetatic)R 48 49 MaRageF 9F his des gRee as P@Ft Gf the final development order. no+" +'nn al o Mit ''6 Gt rr rod for the r al f + + d -- 51 ye�t ^, .n from the nrnnorty of a CL.r da I Ge sod +1e` farm/ u . 158 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Text underlined is new text to be added. r..a„ ....�.; ..ew Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Section Ch. 4 E.1 —Agricultural Land Clearing Permit and Title: Ch. 4 E.2 —Agricultural Clearin Notice LDC Notice Section: N/A LDC Changes: 10.02.06 C: • Moved submittal requirements to Admin. Code. Added language to reference Admin. Code. • Reorganized the criteria for clarity. • Removed requirement for permits to be submitted prior to approval, per HB 503. Note: they are required prior to clearing thru the Admin Code. • Removed "determination of completeness." This is done through the Admin. Code. • Included permit fees which had been identified in 10.02.06 C.3.c as "agriculture clearing permit" fees. Revised: 6/6/13 CC 16 17 DC. Agricultural land clearing. I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , - comment [C4141: section reorganized to 18 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for accommodate submittal reqs moving to Admin 19 agricultural uses that do not fall within the scope of sections 163.3162(4) or code. 20 823.14(6), Florida Statutes, shall be required for all agricultural operations except 21 as exempted by LDC section 10.02.06 9C.1. d.f (belew. 22 23 24 ^^U It We eperatiens, as defined by this Gede —shall regaire— a 25 26 27 plinatieR fog in .,t to be determined by the Qnard e.f Ge- rnty 28 . 29 fOIIGW OR9 R dit'ORs as pliGablo shall be ad dressed- as art of anrd 30 attac.hMent6 to the agFiG611tuFal land GleaFiRg appkatiqn. 31 a. Application. The Administrative Code shall establish the procedures and 32 the submittal reauirements, in addition to those identified below, to obtain 33 an agricultural land clearing permit. 159 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Text s : kethFG gh ' e {....1..1..4ad i...... 1 e^ Bold text indicates a defined term 1 i. Silviculture operations, as defined by the LDC shall require a 2 management plan prepared by a forester or a resource manager 3 (i.e. Florida Forest Service, private or industrial). 4 ii. If an ST or ACSC -ST overlay is attached to the zoning of the 5 property, an ST development permit has been issued by-the 6 Seunty-Manager er his designee Tihe ST or ACSC -ST permit 7 review shall be in accordance with GellieF Ge 't=om d 8 developmeRt Code Chapter 2i LDC sections 2.03.07 and 4.02.14 9 and may be simultaneously-reviewed simultaneously with the 10 agricultural clearing permit application. 11 iii. The e°nli ^g+i°^ indud'ng A generalized vegetation inventory and 12 clearing plan_ a tlin °d .n °^ +'en 1. Q 0-2.06 G.2. . -.nd site visit 13 r^ .,cell use is GG Sistent Y: th th 14 - en+ o'the g d'o+rie+ as a hene fide g ^ It al use 15 and the appl,.^a Rt has been nfnrmed of the Feze'i on 16 which nt,n the p „,;t shall lase on his pFoperty. 17 The appliGaRt has obtained and PFedUGed a ropy ef the South 18 PeFida :^.titer Management en+ nis+rie+ (SPNMn) e ,1 mn +• water 19 mi+ a mntie if required by SFWMn 20 V. The appliGaRt has obtained and predUGed a GOPY of the South 21 Fle ^4w titer Manage eRt District dace water m en+ 22 permit e mn +ien if required by SFWMn . 23 24 r States A FFnY Gerns of Engineers (ALOE) permit erm e. evemn tie if 25 required by the AGOE. 26 viv_. The appliGaRt has submitted dData relating to wettapdwetlands 27 impacts and protected wildlife species habitat subject to the GallieF 28 Conservation and sCoastal 29 fnManagement eElement of the Growth Management Plan and 30 the LDC . This data will be 31 required only when the county's on -site inspection indicates that 32 there are potential or actual impacts to wetlands and to protected 33 federally and state listed wildlife habitat. 34 vl+. The property owner, or authorized agent, has filed an executed 35 agreement with the County Manager or his designee, stating that 36 within 2 years from the date on which the agricultural clearing 37 permit is approved by the County Manager or his designee, the 38 owner /agent will put the property into a bona fide agricultural use 39 and pursue such activity in a manner conducive to the successful 40 harvesting of its expected crops or products. The owner /agent 41 may elect to allow the subject property to lie fallow after 42 completing the bona fide agricultural use, for the remainder of the 43 25 -year period required by vi vi+i: below. If the clearing is expected 44 to occur over a period greater than 2 years, this will be stated on 45 the application and may be addressed as a condition on the 46 agricultural clearing permit if determined by staff to be appropriate. 47 v_i4. The property owner, or authorized agent, has filed an executed 48 agreement with the County Manager or his designee stating that 49 the owner /agent is aware that the Collier County Board of County 50 Commissioners will not rezone the property described in the 51 agricultural clearing permit for a period of 25 years from the date 160 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. Text 6#ikethpeugh e:! Bold text indicates a defined term of approval of the agricultural clearing permit by the County Manager or his designee, unless for any such conversions in less than 25 years, the converted land shall be restored with native vegetation to the degree required by the LDC.this Cede. I. After revein+ of on nnnlieo+ f r a nriei Jh irol elearinn permit GG Rty 11 aRager er his decin shall .de +r,rmiR .yhethe l: the alien +inn nuhmi+ +o.d in ale +o All n alien hlo non.d i +ienn reified in nnh n nheve ed ist he addressed in erer to GGMP!ete, the Gee Rty Manager er hi6 deoinnee ohall ne+ify the nlienn+iR Wri ting of the defivie NO f''r+her G+ena +e PFGG the n nlinn+ien shall he +n Len ' n+il all of. the the nnlien+ien have been me+ In addi+ien a de +erminn+ien of be made the felleWiRg� N. INhere the nnnlienn+ submits, as nr+ of the nnnlirn +inn fer n agFiGUItUFal elenrinn n mi+ n of then male +eel nnnGen+ien fer a R- Amnn a n+i „e u PeFMit a exel'Apti9R, a SPNIVID irfeee water m en+ n mi+ e mn+ien n AGOE fer f Ethel- Ge Rty Feview and n ,i.dinn that all e +he definie Rtsies- in the n nlien+ien have been addressed eb. Criteria for review of the application. nle+enes6 OF e.difie.d de+erminn+ien of eemnle+enes 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. vi. The applicant has signed an executed agreement pursuant to 10. 02.06 C.1.a.v above. 11 Annnner er h:o decinnee 6hall n nn+ +hen mi+ n nn+,. With eend"+ienc OF deny the n mi+ i iri +inn 1Nhere the vi It Urnl elenrinn n mi+ is a denied the letter 6hall state the r R(6) fnr said denial 161 (:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 - - Comment [C415]: Relocated from 10.02.06 C.3.c. Similar provision identified fees for an "agriculture clearing permit” - - Comment [els416]: b i and b.ii. relocated to Admin. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 _ �yW Text underlined is new text to be added. and i de or revised Bold text indicates a defined term ec. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5 -year periods providing that a notification in writing is forwarded to the County Manager or his designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and /or stipulations of the permit. A violation of permit conditions shall {be} cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. #d. Exemptions for agricultural clearing permit. i. An agricultural clearing permit is not required for operations holding #iaviRg ebtaiaed a permit under Ordinance No. 76-42 and wrhish that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76 -42. Su& _A demonstrations for exemptions may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ii. Upon issuance of an agricultural clearing {permit} or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be are exempted from obtaining additional agricultural clearing permits for that parcel, if PFevid+ag that the intent, use and scope of said activities continue to comply ^ ^ ^-daRG 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. iii. Fences, buildings and structures that requir_eing a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. i+ iv. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or his designee is notified in writing within 2 business days prior to such removal and the eCounty 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; 162 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 kid 9 A 2 Text underlined is new text to be added. to the 4dFAiRiStFative Cade OF revised Bold text indicates a defined term (d) The parcel is currently engaged in bona fide agriculture, Admin Code Section as defined by the LDCthis Bede., and Title: (e) No agricultural clearing permit shall be required for the LDC Notice Section: removal of any vegetation planted by a farmer or rancher LDC Changes: which was not planted as a result of a zoning regulation or a required mitigation or restoration program. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the County Manager or designee that the removal will occur. n A legal decenn +inn of +he Innd eleered .eh .deoerin+ien Revised: other as b The date n uA•veh IaR d eleering will begin• b'AndGle_ 4 .d+ h I + d; R T- hc1date�fl- ;,;g- �n�+�, ITe�ec�eo��co,;,p«2a, etetiev� identifying the a of t'Rg +iye d. A °yc i - the r °cce,g °c °cnivcn��naarrc v° i ntoi" a o c a 7�ioci ail i y _ _ - - Comment [C417]: Admin Code. a. The Administrative Code shall establish the submittal requirements for the agricultural clearing notice, including the following_ ei. 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 fii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non - agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC Ssections 3.05.07, as provided in LDC Ssection 3.05.02. b._lPermit fees. The agricultural clearing notice application shall be charged - - Comment [C418]: Relocated from 10.02.06 1 a review fee as established by resolution by the Board. C.3.c. similar provision identified fees for an 1 * x , "agriculture clearing permit" €D. Enforcement and penalties. €E. Wellfield conditional use permit and standard. "if `' Administrative Code/ LDC Amendment Overview Admin Code Section Ch. 4 J Temporary Permits and Title: LDC Notice Section: N/A LDC Changes: 10.02.06 F: • Relocated Temporary Use Permit sections and Film Permit provisions to LDC section 5.04.00 to consolidate all temporary use permits. • Included a cross reference for guidance to new location of all temporary ermit requirements. Revised: 6/6/13 CC GF. Temporary Use Permit Requirements and IssuanGe. See LDC section 5.04.901 of the LDG -for temporary use permit classifications and restrictions. 163 I:Wdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text 6tFikethFGWqh is GUFF9Rt teXt t9 be deleted fFGFA LPG ,Innptpd t- the Administrative Gede OF Fevosed Bold text indicates a defined term 1 1 The Administrative Code shall establish the procedures and aDDlication submittal 2 requirements for temporary use permits. 3 ii. AppliGatiens for ternperary use peFm4s shall be submitted te the GE)LIPIty Manager 4 5 0 7 shall be submitted tagetheF With the app!iGab!G ReRrefundable fee, as ;RdiGated4R 8 0 10 11 12 13 14 15 site pIaR must deMGRstFate that PFGVOS*E)RS Will be made te adequately addFess 16 17 18 b. Adequate An site Ar addifienal off site paFkmRg aFeas shall be pFovided as- 19 #e ovs, 21 4.05.04 ef this Code may be OGGUpied OF ethel:wise Fendered %Z 23 and rAerp-handise. 24 25 PUFSuant te SeG�E)R 4.05.07- shall re-Main avallable fE)F use. 20 G. Limited aGWity hours. 27 28 29 30 31 32 5. pPeGedUFes. 33 84 35 36 37 38 the shall be Reted GR the appliGatiOR and FeWFRed premptly. _ 40 41 42 43 44 45 40 47 48 49 5U 51 164 /xmmi" Code u,,ou"nemWommomi"utrm*" Code mo Amendment oomm for eccuoc, Comment [ELS419]: Admin Code Text underlined is new text to be added. Text ..,4.r.. ,. a. s...+., ,. FPViqed .nd intent relocated Bold text indicates a defined term 1 b. If a n ml +ted event is oc+noned the permit will he a epded to refleot Z he resohed led event dates and a GGPY Will hen yided to the a pl'nant 3 r to the event. 4 G. If an a eat io Gelled and the CO mhi is notified prior fo the in.tially 55 prepesed n en+ date the number of days used will no+ n nt 6 tnwArdo thp PARximi,rn ni mher of ai ithori ed days afforded for events by 7 +h eieA- de 8 g. Suspension or revecation. Failure to Comply with the terms and GORditiAR.1; Of th 9 temporary u permit, n issued, shall hen nds for immediate s 10 of the peFMqtted ao+iyity n + .I s sh time as the plies is remedied. A 11 N m'+ may be revoked, without refund, for established n d! hl'n safety an welfare 12 s The suGpeRGIGR 9F na +inn shall he 'n'+'aIM1, n sated! verbally, 13 14 GGMplY with the +arms And oonditions of a p sl„ s ndnd peFMit may 15 FeSUIt in the r na +inn of said n eni+ 16 17 faih dre +o n anti..i+ies a, +hori-,od by s Uoh a temporany use permit, RGl din 18 }he . al - I any displays s +r. infi des rnhandise equipment, 19 banners authorized by said permit, UPOR expiratien, suspension, sat'on 20 shall establish a vielatien of this Gode and shall be su hies+ to the p al+ies 9A2 Z1 l _ Comment [C420]: Relocated to 5 04.01 22 10. Fill�,°�r - - - - {Comment [E1S421]: Moved to 5 04.08 23 a Permit required A permit shall he required for the fGlleWiRg aefnnties - - -- - - - - -- - ---- - - - - -- 24 , 2255 televio:ep videe n still photography prod. iotiop: the of set 26 27 publiG streets or ar.Gessways. This Gede shall FlOt apply t9 b9Ra fide 28 iation el or teleyioieR news Media newspaper, press 29 el r to erfies that ha a he Z9Red to allo metieFl 30 31 b. Appraafigp fed p mit• noptentS Any n firm g ratiep ia+ien 32 er geveFRmeRtal entity desiring W Wain a p8FFnmt shall apply te the 33 GGWRty Manager 9F deGignee; and said appliGatieR shall iRGlude but Rot 34 35 I Name address /ir.olUd:pg'Beal address) and telephone n mbar of 36 app4isaRt. 37 II. Drnnf of oomprehepsi.,e general liability ip GeveFage in the 38 39 40 provide +o the GG Rty Manage r designee a oeiVioate of 41 - „idepoipg that said in effent and vent fyH';9 42 that C-e-Linty be given W days' nGtiGe prier to the expiFat 43 e,- vapgeua +iep of the pare., 44 iii. epevial effeets to be utilized, espeGially ip epdiap, or vpleoi„ 45 46 general liability *RsuFaRGe GOrribiRed single iim4 with Gellier Geu-pmfyy 47 rsted as addi+ienal in red In addition the applioaf:en shall rot 48 49 tege +he with his g alifiaatiepo and lioenoe frem then plioable 550 federal apd/or state ag8RGies, and au thor'zat'on frem the Iooal fre 51 diisti:iist permitting the event 165 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9az Text underlined is new text to be added. and .., . ,, n.d.., ., a oede or revised Bold text indicates a defined term 1 li/ I nna +inns dates and hni -rs of filming 2 The fnllo,.nng infnrma +inn is required by the Coi -nt„ Manager or 3 designee --ales waived, 4 5 parkirig fanili+ie provided, 6 7 6 8 r\ Number, fine and lena +in of sanita +inn fonilities to he 9 previded. Dlano fer disposal of refuse and debris and 10 resteratiGR of the cite /s\ to its eriginal rendition 11 d) A deSGription of any lighting fadlities that v.feudd- be 12 ReGessary and/er the need to diononnent a „hlin 13 lighting. 14 15 eRViFORFneRtally seRSitive 16 17 eqOpmeRt to be used and any speGial parking 18 19 .,i +h the nred, intien 20 g\ Neneooih, far nlnsi Iran if n- ihlin streets or sidewalks and 21 . 22 23 heBnonter or balloons at the suhient 6' +e /s\ 24 List Of GOURty-peFSeRael or equipment requested, and an 25 agreement to pay for e)draerdinaFy 6eFV'Ge6 PFOVided by 26 Collier Gaup* 27 i\ Orr„n6k9ns far traffin nentrel fire safety ands r'fi, 28 pFeEautiens- 29 k) I€aoeeated + er+ + d +h t„ vnrnrpFRar2- p* op�,zT- rvc- a„�.efzr,e- 66ln;rTo 30 31 32 pFepeFty. 33 Addition-al informaton requested to -ass, is +�elrtler 34 ebtaining future film n ed-intien 35 G. Ins- r requirements. The annlinant shall m intain in forge At all +'m 36 d- r g the permit n 'od a rehensive n rol liability nel'n ui +h 37 .. .. 38 . 39 40 previde +e the re- nt„ Manager er designee nedifinate of in6- r 41 evodeRGed that said in istenne and neFtif„inn that Collier 42 43 Any additiena4 44 ants for filming OR ate property pert„ rill he at the 45 disnre +inn of the affen+ed n pert„ owner, 46 d. indemn'fiGat'on. The appliGant shall be required te indemn4y and held 47 harmless Collier Cn ntv its nffiners agents and a ale „ees from and 48 agaiRst all nla'm suits, +•n s damages, liah•I• +•e experldtures o 49 --- - flof ae e arising - t of OF GGGUrring during tho n+i„itie of 50 appliGaRt under a permit issued hereupoR *R the form and manne 51 provided by the Geunty Manager or deSigRee. 166 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. he delpted r.om i DO - de ,. r,.de o Bold text indicates a defined term 1 I?. Permit foe. Ale permit foe shall be required. Any additfenal license nr 61 2 fees YA*ch have been established fer n +v n ed Ia Rd er favilities shall 3 be inPTffer+ 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Administrative Code/ LDC Amendment Overview Admin Code Section Ch. 4 B Coastal Construction Setback Line Permit and Title: LDC Notice Section: N/A LDC Changes: 10.02.06 G: • Reorganized section for clarity and to include reference to the Admin. Code. 10.02.06 H: • Updated section letter to H. 167 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Text underlined is new text to be added. Tex! Stdkethmugh is GUFFt�fl And Bold text indicates a defined term Revised:: 6/6/13 CC #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._ROt Fequire a he her the peFFAi+ SuGh ormi+ shall be reviewed and a fora admin'c+r.++' I by site deye'nnmon+ Fe i n+;;' c4af The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of 6 feet. b. A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel. 2. Creation, restoration, re- vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. C. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida. 3. The Administrative Code shall establish the procedures and application submittal requirements for obtaining a Coastal Construction Setback Line permit. 34. 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. 45. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC +tee, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: i. Setting up of any structures, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: (a) First violation: Up to $1,000.00 fine. (b) Second violation: $2,500.00 fine. (c) Third or more violation: $5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the 168 hAdmin Code 20121Current WorktAdministrative Code LDC Amendment 091013 for BCC.docx 9 A 2 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 9A2 1H. Text underlined is new text to be added. and intent relocated t - de OF FeYiSed Bold text indicates a defined term 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. (c) Third violation: $2,500.00 fine. (d) More than 3 violations: $5,000.00 fine. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand -, animal -, or engine- driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in the LDCthis Gode. Administrative Code/ LDC Amendment Overview Admin Code Ch. 4 E.3 Cultivated Tree Removal Permit Section and Title: installed for landscaping by FRaR and which is not a part of a preserve. Moving a LDC Notice N/A Section: Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5 LDC Changes: 10.02.06 I: • Reorganized section to consolidate the exemptions from the - Comment [C422]: Relocated below in 1.3 permit into one subsection. • Added language to reference Admin. Code and moved submittal Comment C423 : New language. Re laced [ ] P requirements to Admin. Code. "naturally occurring landscapes" with "protected • Updated language for clarity and to utilize defined terms. Revision: 6/6/13 CC dl. Cultivated Tree Removal Permit 1. Generallv. Cultivated TFee Remeval Permwt7A _ Cultivated Tree Removal Permits are is required for the removal or relocation of any tree or palm that has been installed for landscaping by FRaR and which is not a part of a preserve. Moving a tree from 4one 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; prehibited exGtiG tree remevaIG are exempt fFOFR this Fequirement, exGept when - Comment [C422]: Relocated below in 1.3 eseri+ag Protected ve etation other than that lanted for landsca in , Ie ^�'°^^ ^eO hall re uire at Ve etation Removal Permit; refer to LDC section -- -- q--- - - -g -- - - - -- -I rmlt,- --" Comment C423 : New language. Re laced [ ] P - - - -- -- - - -- - - - 3.05.00 x 0.02.06 G. In no instance shall a site fall below the current minimum "naturally occurring landscapes" with "protected landscape code standard. vegetation," a defined term 2. Applicability. The provisions of this section are applicable to all development unless otherwise specified in this section. b)(Gept for single family heme 6i+ Heweyer c Heh homes m uct m intain the m m Iandsnen nerd° r red trees n eiatien 4.06 .05. inn an-agent of the-GWReF - may-apply fen _ Comment [C424]: Relocated below in 1.3 169 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 9A2 Text underlined is new text to be added. And y Vw yV V Bold text indicates a defined term Perm't If the appneant 's an ent of then a letter from the n epty ewnef indiaa «inn that then r has n vet'en fe the p ed tree removal shall be 6ubrni#ed with the appliGatieli. n .ca { Comment [ELS425]: Moved to Admin. Code 3. Exemptions: a. The removal of a prohibited exotic tree is exempt from obtaining a - - Comment [C426]: New language. The intent is to grandfather in the development orders with the exotics, but not to allow it again. 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 can -not 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 sCounty landscape architect. 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.) - - Comment [C427]: From below, former. 46. Approval. The County Manager or designee shall approve, approve with conditions, or deny a Cultivated Tree Removal Permit. AppliGatieR FeqUiFeFReRtS. An app6va «i9n for !`1 Ail 9A NA Trne RA meyal Permit shall hen pinted and saom0#Pd to the oeunty Manager er his designee. The appliaa «ion shoo final, de the fellewing; b. A site plan depiGtiR9 the iocatie,�;esed trees 4e be Feed, prepGsed r plasemeet Pr reler-atea trees buildings paved areas, and ltiGt:es The GG unty Mapaaer er his des'n that said plans hen red by a landscape arsh'teet registered OR the Qtate of Rnrida when the tree FAMAVAI a eeds 10 +revs If the site plan does pet n vide si 1fFcient information to determine which trees will he affected by then ed tree r als the GG mty Mapaner nr his designee may n that a tree sup.gey of the site ben red and submitted to the GO Rty Manager r his designee fnr r A. A IP#nr of a .al of the trnn FARAGWRI frem the I-loFneOWRer and a Master A66GGiatmeR if app'"Gable. n - - �. A(- oF@SSfRgg Crre& Lost. - Comment [EL5428] Moved to Admin Code. 67. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, will shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05 of the Gede. 170 OAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Ih 06 GUFFent text Bold text indicates a defined term 1 b. That the minimum code required tree(s), if destroyed, be substituted with 2 an equivalent replacement or replacements, approved by the sCounty 3 (Landscape Architect, planted on the site from which the destroyed tree(s) 4 were removed. Sufficient space shall remain on the site allowing 5 replacements to establish a mature canopy spread, based on usual 6 growth characteristics. Administrative Code/ LDC Amendment Overview Admin Code Section Ch 4. L Zoning Verification Letters and Title: L.1 Zoning Verification Letter —Generally L.2 Zoning Verification Letter — Non - residential Farm Building L.3 Zoning Verification Letter — Fence Finished Side Out waiver LDC Notice Section: N/A LDC Changes: 10.02.06 J: • New section. This section was created to codify current zoning processes. Revised: 6/6/13 CC 9 J. Zoning Verification Letter.I _ - 4 Comment [C4291: New section 10 1. A zoning verification letter may be used to verify the zoning of a property 11 according to the Collier County Zoning Map, the Future Land Use Map, and the 12 Growth Management Plan and establish the following determinations. 13 a. Generally. The County Manager or designee may issue a zoning 14 verification letter that verifies the zoning of a property. Additional 15 information may be requested about the subject property, including but 16 not limited to the following: 17 i. Allowable uses and development standards applicable to the 18 property under the LDC; 19 ii. Zoning of adjacent properties: 20 iii. Confirmation of any site development plan, conditional use. or 21 variance approved for the property: and 22 iv. The nonconforming status of the property. 23 b. Comparable Use Determination. The County Manager or designee may 24 issue a zoning verification letter to determine whether a use within a PUD 25 is consistent and compatible with the surrounding uses within the PUD. 26 To be effective, the zoning verification letter shall be approved by the 27 BCC by resolution at an advertised public hearing 28 C. Non - residential Farm Building Exemption. The County Manager or 29 designee, in coordination with the Collier County Building Official, may 30 issue a zoning verification letter to establish that a non - residential farm 31 building and /or fence is exempt from the Florida Building Code. 32 However, the exemption applies to the structure and does not exempt 33 the applicant from obtaining the necessary electrical, plumbing, 34 mechanical, or gas permits for the structure. 35 d. Administrative Fence Waiver. The County Manager or designee may 36 issue a zoning verification letter to approve an administrative fence waiver 37 under LDC section 5.03.02 F.5.a. 38 2. The Administrative Code shall establish the process and application submittal 39 requirements to obtain a zoning verification letter. 40 # # # # # # # # # # # # # 171 L\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Tent underlined is new text to be added. Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Ch. 4 C Certificate of Public Facility Adequacy Section and Title: 1. COA for Roadways 2. COA for Non-Roadway public facilities LDC Notice N/A Section: LDC Changes: 10.02.07: • Completely revised the section. The process established was no longer applicable to the current process or review and submittal requirements were unclear. • Referenced the vested rights section to Ch. 9 Revision: 6/06/13 2 10.02.07 SaJltal Requirements for Certificates of Public Facility Adequacy 3 Ale building or lend- alteration n m't a oert'f'oete of 9GGUpaRGY shall he Issued a ept 'n 4 5 (ChapteF6 3, 6 and 110 of this Code) and Rule 9i 5.0055, F.A.G. RegulateFy pFeglFami Review-Of 6 developmeRt te eR6UFe adequate publiG faGilities aFe available, 'nol lino the TrenonertatiGR 7 8 A. Generally. This section applies to any use or development that generates additional 9 impacts or demands on public facilities. This section ensures that adequate public 10 facilities are available and no development orders subject to concurrency regulation 11 are issued unless adequate public facilities are available to serve the proposed 12 development, including but not limited to the Transportation Concurrence Management 13 System and the Public School Facilities Concurrenc 1. General IR adder to en .re that 14 adequate netable Ater o niteni seweF, err! waste, dFaiRage, aFk oehoel and reed 15 16 17 18 issued u nleoo adequate p blie feeilit'o are available sep. a the prepeGed 9A2 19 developmeRt. _ _ _ _ - Comment [C430]: Revised and relocated 20 B. Exemptions. The following are development ^doer° and deye-lepmeRt shall be exempt above. 21 from the teFFRs a this section: 22 1. All valid, unexpired final development of regional impact (DRI) development 23 orders which -were issued prior to adoption of the Collier County Growth 24 Management Plan on- January 10, 1989, except where: 25 a. Development conditions or stipulations applicable to concurrency, or 26 the provision of adequate public facilities concurrent with the impacts of 27 development, exist in the DRI development order or 28 b. Substantial deviations are sought for a DRI development order. -and 29 #tee tThis section applies fly only to those portions of the 30 development for which the deviation is soughtl-, 31 C. The county demonstrates pursuant to F.S. § 380.06; that substantial 32 changes in the conditions underlying the approval of the development 33 order have occurred or the development order was based on 34 substantially inaccurate information provided by the developer or that the 35 application of this section to the development order is clearly 36 established to be essential to the public health, safety and welfare; or 37 d. The new requirements would not change or alter a DRI development 38 order that they would materially or substantially affect the developer's 172 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 9A2 Text underlined is new text to be added. deleted frqm I Pr Bold text indicates a defined term 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. 5. Temporary use permits and any subsequent renewals not to exceed a cumulative period of 1 year. 6. For public school facilities, the following shall be exempt from the terms of this section. a. Single family and mobile home lots of record, existing as of October 14, 2008, the effective date of the public school concurrency agreement under the 2008 Interlocal Agreement between Collier County and the District School Board of Collier County. b. Any new residential development that had a final subdivision plat or site development plan approval as of the effective date of school concurrency, October 14, 2008. C. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single family to multi - family). d. Age- restricted communities with no permanent residents under the age of 18 years. Exemption of an age- restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. e. All new residential subdivision plats and site development plans or amendments to previously approved residential development orders, which are calculated to generate less than 1 student. f. Development that has been authorized as a Development of Regional Impact (DRI) pursuant to Ch. 380, F.S. as of July 1, 2005. 7. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations and have-and pFGpeF'y Gbta'R6 a determination of vested rights for a certificate of public facility Oie nre.d�ienn eF +hic� con +inn adequacy In accordance with LDC section 9.02.00. _ _ , - comment fcasif: All vested rights Provisions as feAews- - - - - . _........ _ ... - - are identified here. e.+iF.e+e of p biiG facility adequaGy shell he submitted :r. the fOFFn eo+eh6oherl by the Community Deyelo en+ and Enyire-nmer tal Qer..iees L m;.xe i n A.dminic;+r..+er An „ pliGatien Fee in in+ +o he determined the ennlire +inn The appliGatien shell at a minimum, nol irJe. i Name addFe6s and telenheRe RyFnbep of the P-A.A.merand e„+her'zerd nnlioen+ if ether +hnn thin e �. C+ree+ address, legal rdeco in+io and a of the n nerfi.� and and ennliren+ to address the rri+erio established in he•eetier. 10 02 07 13.70g of this re,de b. _PP_tP_HM.iRatien ereempleteRess. After receipt of as app:sat eR feF +he remm� �ni+„ Deyelenmen+ and F=W.04FORMeRtal cen,ires DiViSiOR 173 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Ted stFikethF9ugh : .. B dd..1..11 a a... �e e r...+„ nd Bold text indicates a defined term 1 Adminort A nr shall rin+nrm{nn ...hn +h °r the app"G + +'nn hmWed ' 2 w lete If he determines nes that the a pl'na +'n nn+ a mnlete the mra.,a , 3 Community Development and En, ental CenAnes Division 4 AdminiStrater shall netifa. then linant on writing of the d-.'in'n� --- _a_i_1GTh ..�, a.rr�l....al .1.y v 5 0 GFRF .a nit., Development and En, ental cep,ines DMISOeR 6 7 the definiennies have been remedied. 8 9 n vole eRt and En.,, enir , ntal Se, . Gas Di iisi n A.dmin.ntrat� er and the DG. v.vrm 10 nterm na +inn of vested rights far a Gert•f'nate of na hlin fadity ad 12 the Comm, unit,, Development and En„•ro ental ceMGes Deyeseo 13 Administrater and the Coy ant„ Attem shall review and evaluate the 14 applicatie,. OR light of an of the GFwteFma iR SubseGt.;en 10 02 07 Q 7 Bas 15 nvlrnnmental Se 6 DiVi6iOR ndm•nistrater and the GGURt„ Attomey 17 `hall n pare a _rate., Fero,, mendation to the heaFiRg nff;Ger that the 18 19 hearing a ffir-,c °r. re- Geirnmendation shall wRG'ude finding.°, of f...Gt fo 20 eaGh of tt.e ..r.teV�... estahl'ohed i,. s .hser4mnn 1.0..0.2 07 Q 7 to the extent 21 that ipferma +'n represeRted or obtained er feasible e 22 23 Dvos*en AdMiRi!StFatap and the GeURty AttEwney agree based OR the 24 25 26 granted or anted with nenditionS then they m enter ante a ,r•tten 27 stipulated determination of vented Fights for a nertifiGate of p lhl'n fan,l•t.. 28 adequaGy with the ewneF, in keu of the Written FeGOMFnendatmOR to the 29 hearing offiner and the n ubsent•n s 10 017 017 Q 7 d 30 10 n? 07 o 7 p and 10 0 .07 B.74. 7 however, a ISUGh stipulated 31 detei:rn'Ration shall be in WFitiRg, Signed by the CommuR ty Development 32 33 34 :.. subse^t:O,. 10.02.07 °.7 ..,.nl:...,..,.6 of law fGF ,,UGh 35 36 u.hole A-Mr iR part the vested rights for adequate pa hl'n faGilities. 37 a. °evie;> and determinatien of vested r;9 ;ts determination a ee#i#+Gate 38 of pi lhlin fadlity adeq ian1. by hearing effiner I Ipen r i t by the hea •n 39 effiner of the app"GatwGR for deterrninAtiAR of vested r htc fn a Ge::lfiGate 40 of pa �hlin faniGfiy adegl ian.. and the .ri+fen r enda +inn of the 41 Comma 'nit„ Development and FinvironmeRtal Cer.dnes 42 43 pa ihlin hearing on the a lira +inn At the hearing the hearing efFne, shag 44 take eymdeRGe and SW9FR tes +ilTIGR . ' regard to the mite:.a set fGglh in 45 ra hsentien 9 n n- n7 0 7 g of this Cede and shall follow the rules of 46 PFOGeddure set forth in F.Sm -§ 120.5711)(h), 4, 6, 7, and 8j F.Sm s 47 120 GR09 \0a\ /d\ and (0; and F.S. § 9701 FA /1 \ /h1 nnh. to the extent +ha+ 48 49 under oath. The hearing offiraer shall follew the PF9GeduFes establi6hed fGF 50 adm•nintrat•.,e hearings in Rules 60Q 2409, 2.017, 24020, 2.022, 023 51 2424, 2.025, 2427, 2431, F.A.G. eXGeptas expressly feFt; and set- 174 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. _ . V V V vV . V n _ to ti_e _ deleted f. _. _ DG and intent the Administrative rode or revised Bold text indicates a defined term 1 heroin The pad'es before the hear'n offioer .hall inoL ude then lRty, +he 2 owner oF 3 matters diredly relafin to the standards set forth in subser +inn 1 n m m 4 B.7 .g. nf_+this Code The County A++nrne shall represent the GG mfii shall 55 a ttend the p ihl'o hearing, and shall offer s eh evi depee as relevant to 6 the roeeed'n s The owner of the nreneFty and its authorizer! agents 7 may effer s Ioh e.."denee at then bldo hear'n as iis relevant to the 8 PFE)GeediRgis and oriter'a The erder of presentation before the hearing 9 OffiGer at the p ubl'p hearing shall he as follows. 1\ the f eun +v's surnmary 10 of the appldoatoo r'tten r endat'o •i+nesses and o +her 11 „idenGe; 2) g nnrgant witnesses and e„iaeRGe• 3) publi 12 13 real, if aay. 14 e. Ise. of vested rights determination for a eertifieate of publio faeility 15 adequacy by hearing offiGer Within 15 working days after then ale +inn 16 of +he p uhl'o hear'n nder subsection 10 n7 n7 B 7 n of this Code the 17 18 rights for a oert'f'oa +e of pu bl'o fae'lity adenu a i the r endsf'n of 19 20 21 pFesented at the p ubl'o hear'R n light of all of the on +aria set forth iR 22 subsec4in n 1n 07 07 B 7 n of this Code and shall deny, n aR+ o an+ 23 24 oed'f rate of p6 bl'o fadlit.. ader., �aov for the n party or prepetes a+ 255 e The deterw.'Rat'o shall he in .riting and shall 'RG' ode findings of 26 27 28 det r om'na +'on denying, antinn , or anting with eeRdi +ions whole or L9 part the vested rights for adequate puhno fanilities 30 31 b ssuaRGe of the hearing offieeds written de+ermiRa +ion of vested Fights for 32 a eerbkate of pu bk faoilit.. adenu the GO Rty Attorney, the G33 om.r11 +., Development and ER, en +al cewdr- s ni„isien 34 ndm'n'strater, or the e Per ite. a� �thorized atterne„ or agent, m 35 36 adequaGy of the hearing officer to the Beard of GO inty Commissioners A 37 38 at A rate et by the Board of County Gernmissioners fro 39 tome to time and shall he charged to and paid by the owner or its 40 awthGrized agent. The Board of County QnmmissinnPrl; Shall adopt the 41 hear'n officer's de termination of vested rights for a oertifigate of pi lb" 42 fadlity 43 hears officer's .fetermiRa +ion of vested rights for a oertifioa +e of publio 44 45 a, thor'zed to modify o eRf the hearing ofken s detel:.Minafiep of "acted 46 Fights for a oert'fieate of pu bliG facility adeq Sao.. u Riess the Beard of 47 Ge lR +„ r omglicCcioRerc finds that the hearing officer's determination is Rot 48 suppoFted by s hstan +ial n pate Rt evideRge in the r ord of the hear'R 49 off'n pu bl'o hear'n or that the heaF'ng off e s determ'Ratoo of vested 550 Fights for a eert'f'eate of p uhl'o faoll'ty adequaGy ilS nn +rani too the eri +aria 51 established OR bseo +ion 10 n7 n7 B-7-g. of +his Gedg 175 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text StFikethFough is GbIFF Bold text indicates a defined term 9 A 2 46 'O. Certificate of Public Facility Adequacy (COA) for Roadwav�. - - Comment [C432]: section C rewritten 47 1. Applicability. [The issuance of a COA for roadways shall demonstrate proof of 48 adequate roadways to serve the development approved by the develo ment 49 order. - - Comment [C433]: Prior C.2.f. "Effect" section 50 2. Issuance of a COA for roadways. 176 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Teal et: kethF9 .. deleted fFeF. I DG ..d ...IOGated t t" .. cede .. ed e Bold text indicates a defined term 3 approval of one of the following:) _ - - j comment [C434]: Prior C.2.a "Timing" 4 i. A final subdivision plat and amendments thereof: 5 ii. A final approved site development plan or site improvement plan 6 and amendments thereof: 7 iii. A building permit or mobile home tie -down permit issued by the 8 Countv: or 9 �iv. Pursuant to the terms of an enforceable development agreement 10 with Collier County pursuant to the provisions of F.S. § � 163.3220 11 - 163.3242 or other agreement acceptable to the Board of County 12 Commissioners, in conjunction with the approval of a 13 development order and /or a certificate of public facility 14 adequacy. L _ - Comment [C435]: Prior C.3 15 _ _ _ _ _ _ _ _ _ _ _ _ _, 3. Exceptions. Non - residential developments (i.e. commercial or industrial) Lomment [els436]: Prior C.1.a ii a -b 16 otherwise required to obtain approval of a site development plan prior to the - -- - - - 17 issuance of a building permit or applicants for a final subdivision plat may elect 18 to: 19 a. Comply with the applicable regulations of this section as to one or more of 20 the lot(s) of the final subdivision plat and obtain a COA specifically for 21 lust that lot or lots at a specified intensity of development: or 22 b. Delay submitting a Transportation Impact Statement (TIS) and obtaining a 23 COA for all of the proposed lots, or just those remaining lots not then 24 already complying with this section, until a required site development 25 plan is applied for and the terms of this section are then complied with 26 including payment of estimated transportation impact fees. However, the 27 subject development is not allocated any available road system capacity 28 or considered eligible to be vested for transportation concurrency 29 purposes until approval of a TIS, payment of estimated Transportation 30 Impact Fees in accordance with this subsection, and issuance of a COA 31 in accordance with Chapters 3, 6, and 10 of the LDC. 32 4. One year Traffic Capacity Reservation. { comment [els437]: Prior C 4.f and new 33 a. At the time of TIS approval by the Engineering Services Director or Liaanguage 34 designee a 1 year Traffic Capacity Reservation shall be set aside and 35 allocated by the County Manager or designee for the proposed 36 development pending the approval of the final local development 37 orders identified in LDC subsection 10.02.07 C.2 a. 38 b. Following approval of a final local development order identified in LDC 39 section 10.02.07 C.2 a, the estimated roadway impact fees shall be paid 40 within 1 year of the TIS approval to secure the COA. 41 C. Failure to pay the estimated roadway impact fees following the approval 42 of a final local development order identified in LDC subsection 10.02.07 43 C.2 a within the 1 year of Traffic Capacity Reservation shall require the 44 applicant to re -apply for a COA. 45 d. If a final local development order identified in LDC subsection 10.02.07 46 C.2 a is not approved within 1 year of the TIS approval date, the 47 applicant may petition the Board of County Commissioners to extend the 48 Traffic Capacity Reservation for 1 year. 49 5. Roadway Impact Fee Payment. 50 a. Estimated Roadway Impact Fee. In order to obtain a COA the applicant t_comment [ers438]: Prior C.1.ai 1 51 shall pay the estimated road impact fees in accordance with Code of __ - -_� 177 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. Bold text indicates a defined term accordance with the Code of Laws and Ordinances section 74 -302 (h)(1). 1. Process. The Administrative Code shall establish the procedures and submittal 9 A 2 - - Comment [C439]: Prior C.1.d- second half Comment [C440]: Prior C.1.a.ii (last part) comment[ Is441]: Pnor C. 1.d Comment [els442]: Prior C.4.f 11 10.02.07 C.2 a. lb. Application fees for a COA shall be in an amount determined by the Board of County Commissioners and shall accompany the application.1 An - - - comment [C443]: Pnor C.4.a - end of me application shall not be deemed complete until the application fees have Section been paid. 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.l 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. �. Appeal of public facilities determination. Appeals shall be consistent with Code of Laws and Ordinances section 250 -58. Comment [els444]: Prior C.2.d Comment [e15445]: Revised language from prior C.1.d. New language added Comment [els446]: Prior C.4.d facilltle ._ - - - - - - _ _ - - _ .- _. _ - _ _ - - - - - - - - _ - _ _ _- - - Comment [C447]: Prior C.1.a.iii /Current 1. Non - Roadway Impact Fee Payment. Non - roadway impact fees shall be in process accordance with Code of Laws and Ordinances section 74 -302. Comment [els44s]: e 1 3 .-New language 2. Non - Roadway Impact Fee Process. A COA for all non - roadway "Category A" L and from prior C 1.a.iii and C 4.d capital improvements is deemed applied for concurrent with the building application and shall be issued simultaneously with the issuance of the building permit. 3. -_ Appeal of public facilities determination. Appeals shall be consistent with Code of 178 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C449]: Section revised to - -' consolidate language where appropriate Comment [C450]: New language. Included to - - identify that these standards are not currently used. 9A2 Text underlined is new text to be added. Bold text indicates a defined term 1 of a certificate of public facility adequacy, the application shall fulfill the standards for the 2 following public facility components: 3 1. Potable water facilities. 4 a. The potable water component shall be granted if any of the following 5 conditions are met: 6 i. The required public facilities are in place at the time a final site 7 development plan, final subdivision plat or building permit is 8 issued. 9 ii. The required public facilities are under construction at the time a 10 final site development plan, final subdivision plat or building 11 permit is issued. 12 iii. The required public facilities are guaranteed in an enforceable 13 development agreement that includes the provisions of the LDC 14 section 10.02.07, above. 15 2. Sanitary sewer facilities and solid waste facilities. 16 a. The sanitary sewer component shall be granted if any of the following 17 conditions are met: 18 i. The required public facilities are in place at the time a final site 19 development plan, final subdivision plat or building permit is 20 issued. 21 ii. The required public facilities are under construction at the time a 22 final site development plan, final subdivision plat or building 23 permit is issued. 24 iii. The required public facilities are guaranteed in an enforceable 25 development agreement that includes the provisions of sections 26 i. and ii. 27 3. Drainage facilities. The drainage component shall be granted if the proposed 28 development has a drainage and water management plan that has been 29 approved by the Environmental Services Division that meets the LOS for 30 Capital drainage facilities defined in LDC section 6.02.01 D. 31 4. Park and recreation facilities. 32 a. The parks and recreation component shall be granted if any of the 33 following conditions are met: 34 i. The required public facilities are in place at the time a final site 35 development plan, final subdivision plat or building permit is 36 issued. 37 ii. The required public facilities are under construction at the time a 38 final site development plan, final subdivision plat or building 39 permit is issued. 40 iii. The required public facilities are the subject of a binding contract 41 executed for the construction of those public facilities, which 42 provides for the commencement of actual construction within 1 43 year of issuance of a final site development plan, final 44 subdivision plat or a building permit. 45 iv. The required public facilities are guaranteed in an enforceable 46 development agreement that includes the provisions of sections 47 i., ii., and iii. above. 48 5. Public school facilities. The determination of public facility adequacy for school 49 facilities shall occur only after the School District has issued a school capacity 50 availability determination letter (SCADL) verifying that capacity is available to 179 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 serve the development. Public facility adequacy for school facilities shall be 2 granted if any of the following conditions are met. 3 a. The necessary facilities and services are in place at the time a final site 4 development plan or final subdivision plat is approved: 5 b. The necessary facilities and services are under construction or the 6 contract for such facilities and services has been awarded accepted and 7 duly executed by all parties, at the time a final site development plan or 8 final subdivision plat is approved; 9 C. The necessary facilities and services are found in the first, second or third 10 year of the School District of Collier County's Five -Year Capital 11 Improvement Plan; or 12 d. The necessary facilities and services are subject of a development 13 agreement to contribute proportionate share funding as provided for in 14 Policy 2.4 in the Public School Facilities Element of the Growth 15 Management Plan or to construct the needed facilities. 16 17 i . Geaeral. n+ of Feed 1m + fees to ebta ;R a GeFt'f• ate of adequate hl' 19 #asil+l ie� 20 I, this ostio is to be read • GGRjURGtiGR with SeGtiE)R 74 onn /h\ F 21 22 li. In Ge tifiGato of r hl G f-,n lit„ aran, aG, ' (GOA) Shall do 's a -- 28 CpRGYrron+, With the - rGyal of the ReXt v n r f l -a L4 development order ont of the estimated read iR ai;4 25 foes in nnr.or,fn.,,.e with the ro„'siD^ J Of SeGtii 26 . 27 be deposited 'Rte the a nliGabie im ai;t for, trust fund _Th f, pd - -- -- 28 Will then be immediately ailab!e fee : apppapriatiGR by the Beafd 29 30 ;e -t-'. that fer these Gen residentialTi.e., + „n Gall„ n a 31 32 33 final subdivision plat may eleGt-tia- 34 a) Gemnl„ A, th the . pliGable r I-.t r of this eGt•, G t,. 35 36 spedftally for jiist that'Ot nr In +r. Ut 2 eG feed •nt + F 37 deyelr.pm nt n 38 39 prepesed let _just these r...,,,..,,,, 'otS ^^t then a!Fead 40 c_omnhiiRg With this seGtinn mW o Fora SDP is plied for 41 and the terns of this seGti9R aFe +hnn c.,, lied With 42 paymeRt of estimated trnn „rt2t n @Gt foes 43 44 system n nit„ n s deFe t eligible to be vested for 45 46 aT-IC ant of estimates Tro emotion Imnoot Fees iR 47 �cr to s° ..,ith this subSeGtiOR, and issua ^f a GOA i, , 9A2 Comment [C451]: Relocated to new C.5.a Comment [C452]: Considered to be an amendment of a SDP or SIP, relocated to G2.a.i-ii. Comment [C453]: Relocated to C.5.b Comment [C454]: Identified in the Code of 1 Laws J 48 ae-cerda _ , - Comment [C455]: Revised and relocated to 49 C.3 Exceptions 50 P 51 180 LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. DC; le or rev sed Bold text indicates a defined term 42 +ranspeFtatieR impaGt fee distFiGt . ,,;ded a vested not flmmen+s 43 44 45 +„ delete these ono+lc.mon +� 46 47 48 49 50 51 181 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 _ - - Comment [C456]: Revised and relocated to C.5.b and in the Code of Laws Comment [C457]: Relocated to E.2 Comment [els458]: Relocated to 10.02.13 1 F.6. - Comment [C459]: Intent is captured in C.2 Comment [C460]: Intent captured in the Admin Code. Comment [C461]: To be relocated to the Code of Laws 74 302(h)if needed {Comment [C462]: Relocated to 5.c Comment [C463]: Revised and relocated to D.2 Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 5 order seb}eette Gm 1 m E)f this Geda -L 7 8 II7}C f d h h aGt ors estimated to ` due the I' ., F - �� wrr..a n4 +h d I 9 far A.Whieh a final IIr. al development order I .,f' has beeR 10 submitted imn Ya f' e+ fee aln lao ti II he .+ a rl the + 11 12 the impact fee eeerdinater. PPPPPPP @7 meat in aEEerdaRGe wthSee IGR G:1 9 A 2 Comment [C464]: Annual Mid -year monitoring reports are no longer connected to COA. Developer requirement responsibilities located elsewhere in the ordinance or code. -- - - Comment [C465]: Revised and relocated to 1 2.a 13 vAll he due at the + me of REA fi G.at,GR Gf approval of the final local 14 15 16 17 rwle4la}lnn of im ae+ foes due will be based OR the } '+ Of 18 development aetuawW ,mitten f9F GGRStPUGtiE)R and +h +f + 19 then eerrently applicable, c nh that addit'anal a + f be 20 21 iMpaGt fees shall be dun as Nr rt d fer r f this Gede. f 6mment [C466]: Some parts repetitive. 22 G. GORSEAdated appkati9R. A final IeGal development GFdeF shall reGeive Revised and relocated In new C.5 J 23 24 25 GeFt „ ate of N. hl r fue I + j ade y„ u "7 may eRl y be subitt d with aR 26 app!iG@tiE)R fer final lec;al development order approval, wheFe 27 28 29 30 fGFth iR G. 14 Gf th S Gede, I , - Comment [C467]: Intent iden—med in new c.2 31 adequaGy shall Fun ; +h the land a •ated with the d 33 34 land of the appreved develepinnent, and sl'al! Ret be assigRable 35 tr- ,r`fornhlo +n n+hnr delfelopment, ex-Gent as may +h be ',J d 36 for Rde ed development This pro-vis.en rl not nch de the ire- allneu +'o of eaoao"ty between lots 1 38 the IurJ n that is the o h'eGt of. the ISu `G SGI dat`d app'. P--atian for 39 development approval GO !ear, as the al ertif;Gute is wed 40 alone .. dth a Written request h,W the then r en+ n + all a+ RG - 41 FReFe than that Gel fie,ate's Feyie sly . r ,W ned t issued 42 e1t'�te- _ 4 rnmmAnt rfaFRl. Revise i on f rulnrn +e,++., 9A2 Text underlined is new text to be added. Text StF!I(ethFOUgh 06 GUFFet�flott'! Bold text indicates a defined term 1 2 3 4 5 , 6 may be obtained pizovided the _nfarc ;Min 0. 7 8 9 10 11 12 then A—Pe hupdFod thobisand (100,099) Square f--. 13 14 15 16 17 18 19 Comment [C469]: No longer applicable - - - hlia fal:fi. adequaisy 20 f. cffea+ ISSI _- -- of er+f o +e of n ni shall 21 d as+ra +n n nnf of ade a +e publiG faail + els +e c e the development 22 23 _ - Comment [C470]: Revised and relocated to 24 _ - - - - -� C.1 Applicability 25 26 27 28 29 30 31 32 development. APP'i6@tiGR fGF appFE)"RI Of @_ 6_0_I4A6_@tE_3 Ea. r- He 33 34 has expiped shall be ha&ed on pub! 6 at 35 36 _ - Comment [C471]: Intent of acquiring a new 37 Cffeo+ of development � n n ,., �. ���, a�..o�.,�e+�t agreee�t �cloT with a EerEifisa4e ef�af�lie COA for new development has been relocated 38 to C.2. The "Expiration of COA language" no longer applies as written. 39 niteant hall on+er'n +n a nnfnrmnahln deyelenment n 40 County pursuant te the PFGVOS;9RS Of P.S. §§ 163.3220 163.3242 eF etheF 41 agreement a en +able +e the Beard of Ge, ,n +v rammiccienerc no +inn 42 43 ^den The effeo+ of the development n nL shall he +e hind the pa +ies 44 an+ 4e the +arms and AAPddtiAPA Af +he deyelenrnen♦ agreement and the 45 re available a s ani rnnns e eveopmen n nnn 46 far l' +'e c a + e +hen d development rr en+ w with when 47 the impa.n +s of the development nee, r nn +hen hl'a faoiG+ies publis I _ _ _ _ _ _ , - Comment [C472]: Relocated In new Ci.2a.IV _ _ _. _ _ _ _ __ 48 4 Dreoed, ,re far review of annnoa +inn 49 550 hl'o fao'I' +v aden y For read faaili+ies anly shall he s„hmi++ed in 51 dr ni'oa +e +e the Gemm n'+.. ne„elen en+ and CnV'rn en +al Qeni'n 183 I:Wdmin Code 2012 \Current Work \Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added a it Bold text indicates a defined term 1 2 fer the -Rext final laGal development order as speGif;Gaily PFE)Vided fer 3 under G.1. All ether applieatiens fer a sertif +ea# e (i.e., eXGept feF ^ d 4 faellltles) shall he cMhmitte d at building emit ^ Ii .^.ti..R a Rd fiRal„ 5 payrnept fer aR ;mPur+ fees _°.n.ed 'pel upd' g :R, ....^..d ' p a + fees, will be 6 d pi er to building permit SSUa G Al' a+' fee. iR aR aMGLARt to be Comment els473 : Relocated to new D.1.b. 7 8 he part of the apphGatjGRG- 9 10 fadity, adeq4,4aGy, eXGept fGF the FGad GeMPE)ReRt, shall be established by 11 the (`emm n'ty Deyelep.v.e pt and FEniviFORMeRtal ServiGes n. ViSiGR 12 AdMini`trrlter. ;^ all Gas` the liVant shall y'rd a fa I h 13 14 applicant may be seRt. The form and GGRteRts for the appliGatiBIR fG 15 16 17 appkatiep^ iR their ept;rete e ReGessaFy to alloy." pFepeF and adequate 18 Feyi ..: by he +h the Ge pity Development and G tal 19 Cepnenn D ViGieR and the Tranaperfatiep SeN ees DivisieR. The f d 20 Gnpte RtS far a Ii`4t S shall be published and ad available to the 21 geReral pub4G- 22 23 fer aetfiaa +e of puhlie facility 24 and ERVi vRMcRtal Se yiees Div n for read fae'I' +'n all GopieS f +h 25 26 the Transperta +'en ce.l,;_oc Diyi p fer pray later thaR the + 27 h iSiRes_ day. After p+ of the 'I'aatiOR fvr "rt f `ate f b.l'a fa 'I'+ ._ n'r' _. 'NN��...��.�� v, peuc�rr�re.errnr 28 adee, w the GeUR+ a SAM er r d`sigRee and Trunsper+at' .�:. C„ .. ,.� CS., , �,y, .,pev.cezc,mR 29 oe o'iees Bivisien Ad- Ministrater, ar desig;ee, shall det°rm'^e whether its 30 termi% d that a . pepept of the a I'eat'e t I t i - itr.teR 32 33 to the nliGanf c ee't/n the def'a The Ge my Man 34 d° „d TpaRspeFtatieR ServiGer. DiViS eR A rn + at 35 designee, shall take ne f rther as +'e An the @ppPGatiGR the 36 defieiepeies a ed'ed The a plinapt shall p y de +he a.d.d't'apal 37 iPfAl`M9fi9n WithiR 60 days er the appliGatieR Will be 38 al,14 the appl'na+'ep fee foFfeited After @Ry appliGatieR fer a GeFt f `at 39 eneeNt for re—ad f4r.;liti° is ,.,G_,.'ed and determiRed to bep: + , the 40 GeLAnty-Manager, er designee, shall r review and aRt er ,den„ a h b r 41 facility e penep+" t far r„udS iR the appliGati9R PLIPSLIaRt W the 42 a +apdards ea+ahlished in G.5. of thisGede The Trap pertat'en Sewilaes 43 DiyisioR 1ldministrater, er designee, shall Feview the related traff',. 'm ant 44 state, eRt wad if there a e „„ autstandiR +ra„apertat l^ted issues- 45 46 .den„ a 1 . ear+raffie aalty r _F :.^.tier' fGr FG@d° pupsuaRt tG subseGtiGIR 47 C 4 f within the then effectt.y hm' +tal r .y time frame set fe.dh by th 48 49 Admipis +ra+er's er decigRee's dicereti„n based R their refess'e al 50 n idgmeRt e pipe of said +raffia a city r ya +'e y he wthheld 51 ,,e „d t„p- -A„A-,...,, (-=ntiA-Red time fFame s leRg as the ts+and'n 184 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 40 Se N i G e s nip i S i 0 R n,Jm R'S +r2+„r'-q rye. +o a +i en. u n e s; +ho RA-,ral „f 41 42 ho +en +'el n ne +en+ e" dense er that the (`emm n "+v Development "nrt 43 ERVIFeRrApntAl cen, , e, DmwisiAn n,am .s +r.R +.,r'r, en,a the Trl,ncneFtat e 44 cen, n „ n n tm n +re+ r eJe +erm ne +ie en #ap +e the Gr+eria 45 esfa 'is#ed in c;pptiAp ofthisGed1The deGiSiG+he 46 47 the criteria- 48 e. nnnre „-,1 of Ger+ifine +e ; n en+ fer Rd , -, Gell+i„n of Ger+f Gated 1 Ines 49 r. ., ne +'f'+'en by faGSim'Ie h., the (`em ni+., ne"elnnmen+; -;P J 50 51 Trnnoner+n +inn Cen,'n c n \/ n AdmiRistrater nr deo'n o that a 185 Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. to be a.,i,,,,,a 4AM 1 nr the Admin StFative Code of revised Bold text indicates a defined term 24 25 a'!ahle n A'tv unless the final le.ral development A.dAr for the 26 development is red Ar the Beard a e.hens'Ap fA the 1 27 yeaf tiMe pef+e� -'I DrepertiA'Pate Share Payments Drepedienote chore paye ., - _ -ants rno hr, 29 ra e fe mitigate fhe 'm ants Af a development A n def'eient readwa„ 30 link by m n than a de m mt..dthip a TranspArtatiAp 31 ° 32 miles and 52504 of the east .vest Iape miles are eperatiizlg at A above the 33 34 GGmprehensive Plan Tr p nsnArtntien Clement HAIA e"er no irnpaGt will he 35 de Minimis if it e eels the adopted level. of s ofapdard Af an" 47 I. Thep pert Apate share r.f the nrst r.f impre"emepts Af s nh 48 49 €et: 50 Dre'ent trips im amine defisl eat Ilnk &V in Ast — 51 PF9pGFti9Rate share 186 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C474]: Revised, updated and identified in Admin Code. Appeals language identified in D.3 - Comment [C475]: Revised and relocated to 1 new CA J '* 9A2 Text underlined is new text to be added. Te LPG Bold text indicates a defined term 1 i. Pfo}eet tFlpS — Cumulative ether of the tFipS fFeFR thc° 2 ed development e eeted ter aoh the Feadwaa 3 di Arian the peak hour frnm then plete hu dideu t of a cane 4 OF phase being approved. 5 2. RV inprease - Thxp r-.hqnge iR peak he, m serer 6 velurne of the readway r u ltinn frnm r RStF e+iep of the 7 eat n y to m in+a'n the adepted level of 8 9 S. 10 11 12 en+ aSSGGiated eeStS ne d n e 13 design right of Sit;OR , , ,, pla RRipe 14 eGt .. ie nd ether a +ed phySiGal deyelepmnnt 15 ests diFeGtly r rod and a ated with the e pe, +r e+ e 16 of the 'm en+ 17 ♦} The 6GSt fer a defidept readwa y IiRk shall he established 18 19 sim llar n a type/faeili +„ type, as determiped by the Pallier Ge6 k* 20 - Comment [C476]: Relocated to LDC section 21 5. C+apdards fer review of appliea+iep The fe.Ile,,.dRg sty,. dal:ds shall he used iR +ho - 6.02.03 F -the T S section. 22 determlpa +inn of whe ther ton ant er deny a eer+ikate of puhlie fa Gillty adeauaw . - - - -___ 23 Rofnrn is of a oedifina +o of pi rhlie fadli +v adorn uae y the a plleaFep shall 24 25 sewer, se"d waste dram arks wheels and reads) 26 a. Re+ahle ,ya +or faeili ie, s. 27 The potable Water GompoReRt shall be gFaRted if aR�' ef the 28 fGIIGIMRg GORditiORs are met 29 (a) The requ red public; faellltie plans at +he t'm a final 30 site development plan, f n�al plat Gr building 31 peFMit i issued. 32 (b) The required p hke fag l tiesaFe LARder GeRStFU6EiE)R at the 33 torne a final s te development plan, fiRal subdivision plat 34 ar building peFMit is issued-. 35 (e) T e Fequired pub ies afegt: araRteed i ; aR 36 opforeeahle development agreement that iRel des the 37 . 38 b. caRi+ar., sewelF faa rties 39 i The c Ritap seweF eat shall he e apted if aRy of the 40 41 ) The Fequired p bkG faGilitiesare iR PIRse at the firne a fi 42 site development plan final subdivision plat or building 43 Ne m t ed 44 Eb; The required I+cfadi toes ader GGRStFUGt'GR at the 45 time a final s. +e development play final subdivision plat 46 r building permit is issued - 47 (s) —T 48 enforeeahle development agreement that ine.l des the 49 50 G. Celia] .. aote faeilities 187 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx J Text underlined is new text to be added. .. tip dplpted fFGFR LDC V V v Bold text indicates a defined term 1 I. The SQI0d W REAP n neon+ shall be granted if a of +ho 2 3 (a) The regairedpabis fasilifies areiR plaeea +the firne a f;4;,- 4 si +P development plan final subdivision plat er building 5 peFmit is issued. 6 (b) T) T he requ ired public fasilifies are URdeF GGRstFuGtien at the 7 fime a fiRal site development plan, f Rai subdivision plat 8 r hv,ild'no p m' +'s issued, 9 (e) The rega +red pub! G aG'I' ieSare guaraRteed 10 enfereeable development agreement that iRGI des the 11 . 12 d. flrainaon faEiliAies. The drain GGR�PGReRt shall ben anted if the 13 pFGpGsed deveelepment has a drai Rage R.Pd- veter m ent Plan that 14 has beer+ a ed by the Cnv,'rn en +al QeP /ees n'y' n that meets 15 the LOSS far Gap'tal d.aina Pe facilities deFped 'R n of this Cede 16 e. Dark and r eaten 'ItieS. 17 I. The parks and r ea +'n GGRIPGReRt shall bee anted if any of the 18 f9II9WiRg GGndl+iGRs a met 19 (,a) The r red n hl'G faG'1' ties are IR plaGe at the time a f'pal 20 site do PIP nt plan, final subdivision plat or building 21 peFmit is issued. 22 (b) The Fequ red p bliG faG'I' ties are uRder GGRS +r G,.rcrciGtiG rat4 e 23 time a final site development plan final subdivision plat 24 OF building peFmit is issue4-. 25 fei The Feq red p bl'G fa G'I' +'esare the subjeei- of�. a bb'pd'ng 26 op+ra Gt o G, ded for the G Pstr G+'n of these pub'IGG 27 fadlities vahiGh n v,ides for the G ept of 28 pstFUG +iop Within 1 yeaF of is of a final Site 29 development plan, fiRal subdivision plat OF a building 30 PeFmit. 31 /d\ The r red n hl'G faG'I'tie aFe guaFaRteed 32 enfarreahle development a nt that ipol des the 33 of sections (a) /b\ nd /G\ above 34 f. Read Thar ad G p4 shad h�G p nsP Pbased UPG 35 v.,hethPr the n ed development is n +side a des' Pa+od ACI 36 a desigRAted 421 37 I Dead fadlifies The read G Pnt shall he GARSideFed based 38 upen ,pen whether ffiG nt r ady nd 'p +P Gt'o G'ty is- 39 ailable based en the findipns of the TransPOrlatiop impart 40 Statement (TIQ)- Which shall he based n the P Gf 41 eGt GRS u Pd v 42 ;i nevelopm nt Within desinpa+ed a Gf ciPnifieant influ enGe 43 44 pe+ept'ally, deli Gent readsegment, the read G ea+ shall he 45 46 prepesed development W 11 REA make the pGteRt ally defiGieRt read 47 segmeRt Within the ASI a deft Glen+ r ads ept In the 'nstapne 48 where the n ed development,.-A.11 P Pate a def'G'ept road 49 segrReRt, a GedifiGa +e of pi ibkG faGili +y adeeuaGy for the road 50 GGMPGReRt shall be a ed eply, fer that Per+'. of the 51 development that does pot G Pate the defi Giept read s en+ Cer 188 l Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9A2 Text underlined is new text to be added. 'eGated to ., Gede 9 Bold text indicates a defined term development within a rdes'nnaterd 4Q1 r a rlefinient repel lonment that rlees net in e the not trins n the def'n'ent read s ent and rin not further degrade the I nC of the def'o'ent roar) segment. 9. Dublin soheel fan'li +'es The determination of n hl'o faG MY arlen a y fnr nheel fan'I't'o shall GGGUF only after the Coheol Di Rtr'et has issued a rhool n n:ty availability determination letter (SCAR ) yerif.iino that n .-' +v is "Table +e s e the development D hl'e fan'I' +v Condition met. I. ni faslliti es ands plane At the time fiRal site development PIaR OF fiRal subdivision plat is apprev-64; H. Then ni fao'I't'e and SeFViGes are Rder a nstn in +inn er the Gm^ ; r Fact f vF Srn^h f aG r'mI'+�' es -a„a- xr^c"rcc s - h Fa -h been Q CV , aGGepted, nrd d y n n ter! by all parties at the time a final site development plan er final subdivision plat is appreved; HiThen p, fan'I't'n rld ser2V Ges e fn nrd 'n the first se^^ f Capital impmvemeRt PaRj E) I-V Then ni fae'I't'n nrl seFVjGes aFe uhies+ of -a development agreement to nentrlhuhe p ertinnate share f nrdipa a PFE)Vided fnr in PeGna 2.4 in the Duhlie Canili +ins Element of the (]revdh Management Plan el: ten ns +r got the n eerlerl facilities _ - - Comment [C477]: Revised and relocated to # # # # # # # # # new F 189 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term Admi strative Code - _ 'Amendment Overview Admin Code Section and Title: Ch. 3 H. Rezoning - Standard LDC Notice Section 10.03.06 — Multiple sections LDC Changes: 10.02.08 B. • Relocating language from section 10.03.05 H -T to 10.02.08 C- 6 M. amendment may be proposed by: • Provisions were slightly reorganized for improved process structure. 8 • 10.03.05 is for public notice and public hearing procedures, and 2. Planning commission. the rezoning process was inaccurately located in the section. • 10.02.08 was titled to reflect rezoning actions, but contained 10 duplicated LDC amendment procedures. 4. Any other department or agency of the county. • To fix the errors, the LDC amendment procedures were relocated to 10.02.09, which was already titled correctly for 12 LDC amendments. Revision: 6/6/13 CC 2 10.02.08 Submittal Requirements for Amendments to the Official Zoning Atlas and LDG 3 A. Purpose and intent. This ZGRiRg Gede ^^d tThe official zoning atlas may, from time to 4 time, be amended, supplemented, changed or repealed. Procedures shall be as follows: 5 B. Amendment of the zoning atlas. lRitiatieR ef pFepesais for aFnendmeRt. A zoning atlas 6 amendment may be proposed by: 7 1. Board of county commissioners. 8 2. Planning commission. 9 3. Board of zoning appeals. 10 4. Any other department or agency of the county. 11 5. Any person other than those listed in 1 -4 above; provided, however, that no 12 person shall propose an amendment for the rezoning of property (except as 13 agent or attorney for an owner) which he does not own. The name of the owner 14 shall appear in each application. 15 C. All proposals for zoning amendments shall be considered first by the Planning 16 Commission in the manner�rovided in this section. 17 D. All proposals for zoning amendments shall be submitted as established in the 18 Administrative Code and jg-wFi#gg4e4he 19 accompanied by all pertinent information required by the LDC this eRingGode and 20 which may be required by the Planning Commission for proper consideration of the 21 matter, along with payment of such fees and charges as have been established by the 22 Board of County Commissioners. No application for zoning amendment shall be heard 23 by the Planning Commission until such fees and charges have been paid. 24 I1. Rezoning application processing time. jLn application for a rezoning amendment _ , - comment [c478]: Relocated from 10.o3.oe r 25 or change will be considered 'open" when the determination of "sufficiency" has 26 been made and the application is assigned a petition processing number. An 27 application for a rezoning, amendment or change will be considered "closed" 28 when the applicant withdraws the subject application through written notice or 29 ceases to supply necessary information to continue processing or otherwise 30 actively pursue the rezoning, amendment or change, for a period of 6 months. An 31 application deemed "closed" will not receive further processing and shall be 32 withdrawn. An application "closed" through inactivity shall be deemed withdrawn. 33 The County Manager or designee will notify the applicant of closure. however, 190 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. the AdFRiRi pelnnAterl ^ Bold text indicates a defined term 1 failure to notify by the county shall not eliminate the "closed" status of a petition. 2 An application deemed "closed" may be re- opened by submission of a new 3 application repayment of all application fees and the grant of a determination of 4 "sufficiency ". Further review of the request will be subject to the then current 5 code. 6 G.1 Amendments. AmeRdmeRt6 to N6 GGde may be made RGt mere than 2 times duFiRgsny 8 ^ , .d..._. tS to the Cod (See eG iGR 1002 40 n be!G , f„r Fe .. ements\ 9 The m d Fe fqF v.. eRdmeRt W thiv shall be as C Cede sh b nFeyided in seGtieR 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 eitheF type of affieR meat 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. 29 findings, when applicable: 30 1. Whether the proposed change will be consistent with the goals, objectives, and 31 policies and future land use map and the elements of the growth management 32 Ip an. 33 2. The existing land use pattern. 34 3. The possible creation of an isolated district unrelated to adjacent and nearby 35 districts. 36 4. Whether existing district boundaries are illogically drawn in relation to existing 37 conditions on the property proposed for change. 38 5. Whether changed or changing conditions make the passage of the proposed 39 amendment necessary. 40 6. Whether the proposed change will adversely influence living conditions in the 41 neighborhood. 42 7. Whether the proposed change will create or excessively increase traffic 43 congestion or create types of traffic deemed incompatible with surrounding land 44 uses, because of peak volumes or projected types of vehicular traffic. including 45 activity during construction phases of the development, or otherwise affect 46 public safety. 47 8. Whether the proposed change will create a drainage problem. 48 9. Whether the proposed change will seriously reduce light and air to adjacent 49 areas. 50 10. Whether the proposed change will adversely affect property values in the 51 adjacent area. 191 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [els479]: Relocated to 10 02.09 A.] Comment [C480]: Relocated from 10.03.05 H, I and so on Comment [C481]: The following was deleted from the Time Limits section: Last 24 times a year. appliGations no l'G the its publie 1iG8 Per a endaF yeaF exeept ealendaF year if the _ `J Comment [els482]: Relocated from 10.037 FC—Omment [C483]: Previously 10.02.12 D Text underlined is new text to be added. Bold text indicates a defined term 1 11. Whether the proposed change will be a deterrent to the improvement or 2 development of adjacent property in accordance with existing regulations 3 12. Whether the proposed change will constitute a grant of special privilege to an 4 individual owner as contrasted with the public welfare. 5 13. Whether there are substantial reasons why the property cannot be used in 6 accordance with existing zoning. 7 14. Whether the change suggested is out of scale with the needs of the 8 neighborhood or the county. 9 15. Whether it is impossible to find other adequate sites in the county for the 10 proposed use in districts already permitting such use. 11 16. The physical characteristics of the property and the degree of site alteration 12 which would be required to make the property usable for any of the range of 13 potential uses under the proposed zoning classification. 14 17. The impact of development on the availability of adequate public facilities and 15 services consistent with the levels of service adopted in the Collier County 16 Growth Management Plan and as defined and implemented through the Collier 17 County Adequate Public Facilities Ordinance rCode ch. 106 art Ill as amended 18 18. Such other factors, standards, or criteria that the Board of County 19 Commissioners shall deem important in the protection of the public health 20 safety, and welfare. 21 Adequate public facilities The applicant may provide all required existing communes 22 and public facilities and services for the requested rezone needs in any one of the 23 following manners: 24 1. Petition for a rezone at such time as all required adequate existing community 25 and public facilities and services have been provided at public expense 26 according to the capital improvement program: or 27 2. Petition for a rezone at such time as all required existing community and public 28 facilities and services have been provided at the private expense of the 29 applicant: or 30 3. Post a surety in lieu of completed improvements to guarantee that all of the 31 required community and public facilities and services will be provided: or 32 4. Facilities for parks and schools through land dedication or fee in lieu of such 33 dedication: or 34 S. Other method acceptable to Board of County Commissioners 35 Hj Other proposed amendments When pertaining to other proposed amendments of these 36 zoning regulations, the Planning Commission shall consider and study: 37 1. The need and justification for the change: 38 2. The relationship of the proposed amendment to the purposes and obiectives of 39 the county's growth management plan, with appropriate consideration as to 40 whether the proposed change will further the purposes of these zoning_ 41 regulations and other County codes regulations and actions designed to 42 implement the growth management plan. 43 I.; Restrictions, stipulations and safeguards. The Planning Commission may recommend 44 that a petition to amend supplement or establish a zoning district be approved subject to 45 stipulations, including, but not limited to limiting the use of the property to certain uses 46 provided for in the requested zoning district. The governing body, after receiving the 47 recommendation from the Planning Commission on a request to amend supplement or 48 establish a zoning district, may grant or deny such amendment or supplement and may 49 make the granting conditional upon such restrictions, stipulations and safeguards as it 50 may deem necessary to ensure compliance with the intent and purposes of the Growth 51 Management Plan. 192 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx &VO Comment [els484]: Relocated from 10.03.05 , Comment [els485]: Relocated from 10.03.05 K l Comment [els486]: Relocated from 10.03.05 l L J 9A2 Text underlined is new text to be added. Text r : Lett i :9 eti ' e tie A !1!� ...1' .et......te tt,e A.1.., .. l�e.t. OF FeIF4.qPd Bold text indicates a defined term 1 1. Restrictions, stipulations and safeguards attached to an amendment, 2 supplement, or establishment of a zoning district may include, but are not limited 3 to those necessary to protect adjacent or nearby landowners from any 4 deleterious effects from the full impact of any permitted uses, limitations more 5 restrictive than those generally applying to the district regarding density, height, 6 connection to central water and sewer systems and stipulations requiring that 7 development take place in accordance with a specific site plan. The maximum 8 density permissible or permitted in a zoning district within the urban designated 9 area shall not exceed the density permissible under the density rating system. 10 The Board of County_ Commissioners shall be required to condition and limit the 11 density of a zoning district to a density not to exceed the maximum density 12 permissible under the density rating system. The governing body may also 13 stipulate that the development take place within a given period of time after 14 which time public hearings will be initiated and the district returned to the original 15 designation or such other district as determined appropriate by the governing 16 body in accordance with the Growth Management Plan and LDC sections 17 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards 18 attached to an amendment or rezoning including those identified in LDC section 19 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by 20 the county to be appropriate and informative to the public. In cases where 21 stipulations, restrictions or safeguards are attached, all representations of the 22 owner or his agents at public hearings shall be deemed contractual and may be 23 enforced by suit for injunction or other appropriate relief. All conditions, 24 restrictions, stipulations and safeguards which are a condition to the granting of 25 the change in zoning district shall be deemed contractual and may be enforced 26 by suit for injunction or other appropriate relief. All costs, including reasonable 27 attorney's fees shall be awarded to the governmental unit if it prevails in such 28 suit. 29 2. Dedication of public facilities and development of prescribed amenities. 30 a. Public facility dedication. The Board of County Commissioners may, as a 31 condition of approval and adoption of the rezoning required that suitable 32 areas for streets, public rights -of -way, schools, parks, and other public 33 facilities be set aside, improved, and /or dedicated for public use. Where 34 impact fees are levied for 1 or more such public facilities, the market 35 value of the land set aside for the public purpose shall be credited 36 towards impact fees to the extent authorized by the County's 37 Consolidated Impact Fee Ordinance. Said credit shall be based on a 38 negotiated amount not greater than the market value of the set aside land 39 prior to the rezoning action, as determined by an accredited appraiser 40 from a list approved by Collier County. Said appraisal shall be submitted 41 to the county attorney's office and the real property office within 90 days 42 of the date of approval of the rezone, or as otherwise extended in writing 43 by Collier County, so as to establish the amount of any impact fee credits 44 resulting from said dedication. Failure to provide said appraisal within this 45 90 -day time frame shall automatically authorize the county to determine 46 the market value of the property. Impact fee credits shall only be effective 47 after recordation of the conveyance document conveying the dedicated 48 property to Collier County. Where the term Collier County is used in this 49 section, it shall be construed to include the Collier County Water and 50 Sewer District or other agency or dependant district of Collier County 51 Government. 193 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx R Text underlined is new text to be added. Bold text indicates a defined term 1 b. Land set aside and /or to be improved as committed as part of the 2 rezoning approval shall be deeded or dedicated to Collier County within 3 90 days of receipt of notification by the county that the Dropertv is needed 4 for certain pending public improvements or as otherwise approved by the 5 Board of County Commissioners during the rezoning approval process In 6 any case, however, the county shall take title to the set aside property, at 7 the latest, by a date certain established during and condition on the 8 approval of the rezoning action. At no cost to the county, the land set 9 aside and /or to be improved shall be made free and clear of all liens 10 encumbrances and improvements at the applicant's sole expense 11 except as otherwise approved by the board. Failure to deed the land or 12 complete the dedication within the 90 day appropriate time frame noted 13 above may result in a recommendation to the board of for consideration 14 of rezoning the subject parcel from its current zoning district to an 15 appropriate zoning district and may in a violation of this LDC pursuant to 16 LDC section 8.08.00. 17 C. Should the dedication of land also include agreed upon improvements 18 said improvements shall be completed and accepted by Se4tier�etty 19 Board of County Commissioners at the development phase which has 20 infrastructure improvements available to the parcel of land upon which 21 said improvements are to be made or at a specified time provided for 22 within the ordinance approving the rezone. 23 J.I Status of Planning Commission report and recommendations The report and 24 recommendations of the Planning Commission required by LDC section 110 02 08 E hall 25 be advisory only and not be binding upon the Board of County Commissioners 26 Board of County Commissioner's action on the Planning Commission report 27 1. Upon receipt of the Planning Commission's report and recommendations the 28 Board of Countv Commissioners shall hold a second public hearing with notice to 29 be given pursuant to the provisions of -general law. The reports and 30 recommendations of the staff and the Planning Commission on the application 31 shall be presented prior to the close of the public hearing on the application The 32 applicant shall have the right, prior to the close of the public hearing, to respond 33 to any contentions presented by any testimony or other evidence presented 34 during the public hearing. 35 2. In the case of all proposed chanaes or amendments such changes or 36 amendments shall not be adopted except by the affirmative vote of 4 members of 37 the Board of County Commissioners. 38 L. Failure of Board of County Commissioners to act If a Planning Commission 39 recommendation is not legislatively decided within 90 days of the date of closing of the 40 public hearing by the Board of County Commissioners, the application upon which the 41 report and recommendation is based shall hp dPPmPd to have hP.Pn rianiari nrnviriari 42 that Board of County Commissioners may refer the application to the Planning 43 Commission for further study. 44 �M1 Limitations on the rezoning of property. 45 1. No change in the zoning classification of property shall be considered which 46 involves less than 40,000 square feet of area and 200 feet of street frontage 47 except: where the proposal for rezoning of property involves an extension of an 48 existing or similar adjacent district boundary within the broader land use 49 classification of "C" districts, "RSF" districts, "RMF" districts wherein such rezone 50 is compatible with, or provides appropriate transition from adjacent districts of 51 higher density or intensity. However, the requirement of 200 feet of street 194 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx `9A2 Comment [els487]: Relocated from 10.03.05 M Comment [C488]t Updated from 10.02.A through H. Comment [e1s9]: Relocated from 10.0 �. 48 . N. -- — — Comment [els490]: Relocated from 10.03.05 1 P. ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Text underlined is new text to be added. ,, be dP'AtPd s....., i nr r..ae ... "e.; ..va Bold text indicates a defined term 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 br 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 23 supplemental information that may be provided, the Board of County 24 Commissioners shall elect one of the following: 25 a. To extend the current zoning classification on the property for a maximum 26 period of 5 years: at the end of which time, the property shall again be 27 evaluated under the procedures as defined herein. 28 b. Direct the appropriate county staff to begin rezoning procedures for said 29 property. The existing zoning classification of the property shall remain in 30 effect until subsequent action by the board on the property. 31 C. In the case of developments of regional impact, time limit restrictions 32 shall be superseded by the phasing plan and /or time limits contained 33 within the application for development approval and approved as part of 34 a development order in conformance with F.S. 380.06. 35 INI. Applications for rezones to a specific use. The applicant for any rezoning application 36 may, at his or her option, propose a specific use or ranges of uses permitted under the 37 zoning classification for which application has been made. As a condition of approval of 38 such proposal, the development of the property which was the subject of the rezoning 39 application shall be restricted to the approved use or range of uses. Any proposed 40 addition to the approved use or range of uses shall require resubmittal of a rezoning 41 application for the subject property. 42 O. Waiver of time limits. The time limits of 10.02.08IMI above may be waived by 3 43 affirmative votes of the Board of County Commissioners when such action is deemed 44 necessary to prevent injustice or to facilitate the proper development of Collier County. 45 # # # # # # # # # # # # # 46 195 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx - _ - j Comment [C491]: Deleted "his" - - - Comment [C492]: Deleted "his" I Comment [els493]: Relocated from 10.03 5 1 Q. JI Comment [els494]: Relocated from 10.03.05 �R. Comment [C495]: Previously N. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Text underlined is new text to be added. TOA et,.,,.,g, o Code or rPviqPrl Bold text indicates a defined term Administrative Code Reference Admin Code Ch. 2 B. LDC Amendment- Privately Initiated Text and Map Amendments V A e LDC Notice 10.03.06 — Multiple sections Section LDC Notes: 10.02.09: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Text underlined is new text to be added. TOA et,.,,.,g, o Code or rPviqPrl Bold text indicates a defined term Administrative Code Reference Admin Code Ch. 2 B. LDC Amendment- Privately Initiated Text and Map Amendments Cha ter /Section: LDC Notice 10.03.06 — Multiple sections Section LDC Notes: 10.02.09: • Relocated language from 10.02.08 • Clarified language Revision: 6/6/13 CC 10.02.09 Submittal Requirements for Text Amendments to the LDC A. Text Amendments to the LDC. 1. Amendments to the LDC may be made no more than twice during the calendar year as scheduled by the County Manager, except if the Collier County Board of County Commissioners, by at least a super - 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 Wth the growth management plan. 3. The Administrative Code shall establish the submittal requirements for LDC amendments. ,- Comment [C496]: Language relocated from 10.02.08 C. A. AmeRdMeRtS W this Code may be made mare G#eR thaR tWiGe 12IUFiRg4l�i-e super nrl+a vote dire Gts that aradit'GRal a RdmeRts be made far c r� fi pwposes. Comment [C497]: Struck language reloc _ 1 # # # # # # # # # # # # # to 10.02.09 A, above J 196 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx w 9 A 2 Text underlined is new text to be added. is GUFFent te)d to he deleted "m I DG Bold text indicates a defined term Administrative Code/ LDC Amendment Overview Admin Code Section Ch. 3 G Planned Unit Developments and Title: LDC Notice Section: N/A LDC Changes: 10.02.13: • PUD Master Plan submittal requirements moved to Admin Code and minor reference changes made • Updated language and cross references throughout. • Referenced Admin Code and removed submittal requirements Revised: 6/6/13 CC 2 10.02.13 Planned Unit Development (PUD) Procedures 3 A. Generally. . Applications for 4 amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of 5 development along with a list of permitted and accessory uses and a development 6 standards table. The PUD application shall also include a list of developer commitments 7 and any proposed deviations from the LDCLand Development Gede. The PUD master 8 plan shall have been designed by an urban planner who possesses the education and 9 experience to qualify for full membership in the American Institute of Certified Planners; 10 and /or a landscape architect who possesses the education and experience to qualify for 11 full membership in the American Society of Landscape Architects, together with either a 12 practicing civil engineer licensed by the State of Florida, or a practicing architect licensed 13 by the State of Florida_, 14 e'eMe ;tom 15 1. PUD master plan. 16 gFaphiGally iw stra +e the de„elopmea+ 6 4a +e,..,. The Community Character Plan 17 For Collier County, Florida (April 2001) should be referenced as a guide for 18 development and redevelopment in the PUD district.-The Administrative Code 19 shall establish the information to graphically illustrate the development strategy. 20 FThe title of +he oro'en+ and name of +he deyeleper• +• Comment [eIs498]: A.1.a: m. relocated to the 21 b. caale date Repth arre,.,• Adrn Code 22 G. Re- inrlaries of the ouhieo+ n arty all existing streets anrd nerdeo+r'an 23 cvc+emc Wi thin the site wateFGG6lF6eG, enM land uses Rd -z 24 25 26 27 28 .,i+hiR the PUD c nh a b t ae+ limited +e: reisi.den+ial; nfFro Rd retail; 29 30 31 buffer.- with a eo+'on for any buffer ..A iah d- e-yi.. +ea from that wh'nh 32 s Pth „ed h the land d ele ^t Gode; the le atmA r_a_ Q^ n dn,d °, p' 33 34 35 E RGIudiRg gOlf GOwses and related faGilities, and PFOViSiGRS fGF GWReFiship,- 36 37 bel lAd -arioo shall be OR the mac+er plan; 38 39 22.0-2— nc of this Gerde wothin eanh +rag+ n en+ rdeoor'h'a 197 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. and de GF Feyqsed Bold text indicates a defined term PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD that includes a development standards table, developer commitments and a list of deviations from the LDC. (Dimensional (standards shall be based upon an established zonin district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. The ,de„eleprn mitmnn+c ;;Ad he 60+ of de.inin ne. frnm +hn l/e+n nrdn rde Mhln dn.nln nnr n c hnll hP s�,hmi + +ed �., hnth n nln..trnn:r.. ^.d ^ n+nd. n farm at a e6tabli6hed by the Geupty MaRagel: 9F his desigRee. The submittals shall nnfnrm +n the mn6+ r en+ sta Rdnrrdized f49Finat established by the 7nninn nerd The PUD application shall include the information identified in the Administrative Code unless determined by the Planning and Zoning Ddirector to be unnecessary to describe the development strategy. a. Flame pFojeGtj b.. List of evhibi +c yhmnh are nrnnnned to he innli bled- in the nrdinannn of adGPti9R' G. Q+ntement of nmmPnnnne uBth all nlmmPnto of the nrnYdh m ent pta4, rnl�.ti nne•hin of the site to c Unh ev+emal fnnilitiee. as highways .•hnnninn ni 11t Fal n nleves nerd the Iikej e. Drenorh.. WRerohin anal general rtes in +inn of cite (innll Jinn statement of reified a rship)• f. lDecnrin +inn �n +iy of nreient ,deVelnnmentj OF h6 Drnnnced and n mi +ter! land u ..i +NA ennh +runt AF whii.h 198 i:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9 A 2 Comment [C499]: Retaining language. Relocated from. 2.i below. 080613 Comment [els500]: a.-u. relocated to the Admin Code FA_ ~) �� Text underlined is new text to be added Bold text indicates " defined term 2 3 4 5 0 7 8 9 10 11 12 18 14 15 16 17 10 equal to at least 20C) feel whep ;;,,q lable f , re , m , t , h , e P.Al - , , A , ty, ethepwise, a 18 20 21 22 aRimal spedes PFeteGtion plans as requiFed by Chapter 3 shall apply; 23 24 25 26 27 28 29 30 31 32 33 34 35 30 37 oe t. �.Nh&R d,-4-rrninPrj npr-essaFy to adequately assess the Gernpatibility of 39 prepesed- te existing or ether prGpesed uses, FelatiGRSNP to open 40 41 42 43 44 45 48 47 FeqUlFeMeRtS, lot area FeqUiFeMeRtS, building height and the like, shall 48 49 50 51 ef*odGptmG* 198 /:\Ammm Code zo12\C"""mmommdmm/strat/.e Code mu Amendment oomw for aco.um, 10" 02.13 A.3 Application 080613 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. Bold text indicates a defined term 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 pumas t tO sep -tieR 10.0-2.12 of this 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 review for a determination of school capacity. Refer to LDC section 10.04.09 for SIA requirements. B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with LDC section 10.02.0842 shall be submitted and processed as for a rezoning amendment generally pursuant to LDC section 10.02.0842 and in accordance with the following special procedures: 1. Pre = application meeting. sonferenne Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the Planning and Zoning and' and Deyel. pFrient Review 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 ^ARfQrenoe, 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. The +s pre - application meeting ^^tea should address, but is not be limited to, the following s eh rria#er° a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. C. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Ggrowth Mmanagement Polan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such 200 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Text kethFo gh to tip dpipted E.nm I DG and intent relocated a ��,� na..,.. ., - de e Bold text indicates a defined term modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 2. Prehearing conference. Prehearing conferences may be held between the applicant and /or Ns representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of sUG# the prehearing conferences shall be to assist in bringing the application for rezoning to PUD as close to conformity with the intent of the LDC these or other applicable regulations, and /or to define specifically any justifiable variations from the application of such regulations. 3. Staff review and recommendation. Based upon evaluation of the factors set forth above, the County staff shall prepare a report containing their review findings; and a recommendation of approval or denial. 4. Hearing before the Planning Commission. Public notice shall be given and a public hearing held before the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to LDC section 10.02.13 6.2.49 -0212 5. Planning 4 Commission 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. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. C. Conformity of the proposed PUD with the goals, objectives, policies and the Future Land Use Element of the Ggrowth Mn4anagement Pplan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such 201 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Bold text indicates a defined term 1 modifications are justified as meeting public purposes to a degree at least 2 equivalent to literal application of such regulations. 3 6. Action by Board of County Commissioners. Unless the application is withdrawn 4 by the applicant or deemed "closed" pursuant to LDC section 2.03.06 Af this 5 Cede, the Board of County Commissioners shall, upon receipt of the Planning 6 Commission's recommendation, advertise and hold a public hearing on the 7 application. The notice and hearing shall be on the PUD rezone application, PUD 8 master plan of development and PUD ordinance, as recommended by the 9 Planning Commission to the Board of County Commissioners. The Board of 10 County Commissioners shall either gFan aporove the proposed rezoning to PUD; 11 approve with conditions or modifications; or deny the application for PUD 12 rezoning. 13 C. Effect of planned unit development zoning. If approved by the Geuety Board of County 14 Commissioners, the PUD master plan for development, the PUD ordinance and all 15 other information and materials formally submitted with the petition shall be considered 16 and adopted as an amendment to the LDC Zeaiag Cede and shall become the 17 standards for development for the subject PUD. T,,;easefGFt;AThe development in the 18 area delineated as the PUD district on the official zoning atlas shall proceed only in 19 accordance with the adopted development regulations and the PUD master plan for 20 said PUD district, except that approval and adoption of a PUD ordinance or PUD master 21 plan does not aette authorize or vest the location, design, Capacity, or routing of traffic 22 for any access point depicted on, or described in, such ordinance or plan. 23 Before development of any type may proceed, all agreements, conditions of approval, 24 and contracts required, but not approved at the time of amending action, shall be 25 approved by appropriate officers or agencies of the County. Issuance of a final 26 development order within any tract or increment within the PUD shall first require 27 compliance with all sections of the Collier County subdivision regulations (Chapter 10 of 28 the LDC) and /or the site development plan regulations (LDC section 10. 02.03) as 29 appropriate. 30 D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or 31 "sunsetting" shall be the term used to describe a PUD which has, through a 32 determination made by the Planning and Zoning—SePAGesDepartment Director, not met 33 the time frames and development criteria outlined in this section of the LDC, Cede as 34 applicable. For all PUDs, the owner entity shall submit to the Planning and Zoning 35 Rewires Department Director a status report on the progress of development annually 36 from the date of the PUD approval by the Board of County Commissioners. 37 1. Criteria for sunsetting. The purpose of the report will be to evaluate whether or 38 not the project has commenced in earnest in accordance with the following 39 criteria: 40 4a. For residential portions of PUDs, physical development of infrastructure 41 improvements, including access roads, internal roads, sewer and water 42 utilities and any other related infrastructure, that supports a minimum of 43 15 percent of the designated residential area or areas of the PUD shall be 44 initiated by the fifth anniversary date of the PUD approval. An additional 45 15 percent of such infrastructure shall be completed every year thereafter 46 until PUD buildout; and 47 2b. For the nonresidential portions of PUDs and commercial and industrial 48 PUDs, physical development of a minimum of 15 percent of authorized 49 floor area when approved on the basis of a defined amount of floor 50 space shall be initiated by the fifth anniversary date of the PUD approval. 51 In the event that the floor area is not the defining intensity measure, then 202 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 62. 7-3. Text underlined is new text to be added. is GUFFent text to hp deleted Unm I PG Bold text indicates a defined term 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. 3c. 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 Sh.,tt nllhe Fey to the FequiFeF1FleRtG . vide a ., must comply with LDC subsections 10.02.13 D.1_b.2.a: thFeugh b. 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. 5e. 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. PUD sunsetting. Prior to or any time after the Planning and Zoning SeaA-.es 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. Board of County Commissioner's 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: a. To extend the current PUD approval for a maximum period of two years; at the end of which time, the property owner shall again submit to the procedure as defined herein, however no further development order applications shall be processed by the County until the PUD is officially extended. b. Approve or deny an application for a PUD amendment. The existing PUD shall remain in effect until subsequent action by the Board of County Commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the county until the PUD is officially amended. C. Require the owner to submit an amended PUD. The existing PUD shall remain in effect until subsequent action by the Board of County Commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the County until the PUD is officially amended. 203 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 84. 95. Text underlined is new text to be added. Text StFikethmugh and i �i..,.....,w a r...+„ OF FeWiSed Bold text indicates a defined term i. If the owner fails to submit an amended application to the PUD within six months of the action of the Board of County Commissioners to require such a submittal, or the board denies the request to amend the PUD, then the Board of County Commissioners may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the growth management plan. 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 2twe years from the date of original sunset. b. Approval of an extension shall be based on the following: i. The PUD and the master plan is consistent with the current growth management plan including, but not limited to, density, intensity and concurrency requirements; ii. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and iii. Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. �. 'AR exteasiGR request shall ^^^s+st Of the e4c�1lGWiR9 the seURty� aad III. n wr ttPn �+A +e.,,eRt de6GFmbwF;g h w the Gr+eFia rs +ell i. u bseiatio met; and Id. n foe paid in e.,+.. .,i +h the Rty fee , el +i +.. ' nd el ., ms. I, A +e the e+ dc. No more than one extension may be granted for any development original approval date. ed. Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in this section of the LDCSede within 10te1; years of the original PUD approval date shall submit a new rezoning application. 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 1eRe of the following occurs: i. a. The Board of County Commissioners approves a request for extension of PUD zoning status. ii. d -The Board of County Commissioners approves an amendment to the existing PUD. b. Should the Planning and Zoning Sew+ees 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 204 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [eIs502]: Relocated to the Ai 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 44-7. 428. Text underlined is new text to be added. Text r FikethFough a GUFFeRt teXt Bold text indicates a defined term 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 contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06. 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. PUD buildout. For PUDs approved on or after January 3, 2007 the land owner shall: a. 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. Two years after 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 or intensity that has not been approved by the appropriate site development plan or plat and received a certificate of public adequacy (COA) shall be considered expired and void of any remaining development rights. In the event that action or in- action by the County or any regulatory agency or legal action prevents the approval of a development order, the duration of the suspension of the approval shall not be counted towards the expiration provision above, contingent that the applicant has been diligently pursuing a local development order or permit through any of the required regulatory agencies. The County Manager or designee must be notified in writing of the circumstances of the delay with the appropriate documentation. 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. 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 SoA+eFCount Board of County Commissioners, convened in regular session, hereby declares and ordains that a local economic emergency exists within Collier County, 205 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added. Bold text indicates a defined term 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. Changes and amendments. There are three types of changes to a PUD master plan: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in LDC Ssection 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall include any of the following: where a. Tea A proposed change in the boundary of the PUD; el: b. Ta-A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; C. Tea 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 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. T-hprp ms 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. T44e 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. T4e-A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h. The A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the F #uture Lland Ut4se Eelement or other element of the Ggrowth M1:Tanagement Pplan or which modification would increase the density or intensity of the permitted land uses; 206 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 2. 3. Text underlined is new text to be added. Text sti:ikethiteugh is Bold text indicates a defined term j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI /PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13-ef-this Cede,. or k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial changefs3 -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 SepAees Department Director documentation which adequately describes the proposed changes as described in the Administrative Code. aleagwit# The RUD mastel: plaR map shall shew all data normally required fe submittal of a DI D master pMp i IRIGGS nthpPyisp dr,tnrmipnd pet to he p i rdocnrihinn the p sed ehapaes ip, land e� .-eRSitieS� building square footage Proposed fbF nonFesidential develepMeRtj detailed written n ratiye deserihipn all of the ehapee(s) and the r fer the r es4 1 Men r ipt of the ended DI D master plan the PIannipn CeNiees Department Direnter shall Feview said plan a pst er'ter'a esMhlished Within sentinn 10.02. 47 C 4 ahn„e and may feFward approved by the he f Mang are considered minor changes, and may be Minor changes. The following pp y County Manager or designee under the procedures established in the Administrative Code. this tznt6Pn 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 Seafises 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 contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: 207 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Fomment [ELS5031: PUD Insubstantial change submittal requirements. Moved to �Admin Code Text underlined is new text to be added. Text StFikethFOUgh is -wi,FeRt tp)d to he deleted fFem 1=[)G and Bold text indicates a defined term 1 i. The applicant notices property owners in writing in accordance 2 with LDC section 10.03.06 T. 6eGti9RS 10.03.05 9. 19 GF 10.03.05- 3 R 11 as „ he applicable 4 ii. If no written objection is received, the request to remove 5 commitments is deemed approved. 6 iii. If a property owner who receives notice submits a written 7 objection within 30 days of mailing of the notice, the matter shall 8 be scheduled for public hearing before the Board of County 9 Commissioners. Public notice shall comply with LDC sections 10 10.03.05 and 10.03.06. . 11 F. PUD Monitoring Report requirements. In order to ensure and verify that approved project 12 densities or intensities of land use will not be exceeded and that development 13 commitments will be fulfilled and are consistent with the development's approved 14 transportation impact study, annual monitoring reports must be submitted by the 15 owner(s) of a PUD to the County Manager or designee. 16 1. 17 affidavit a nuted by the p eFty n eF(6) attentina that the 'pfnrma+iep 18 Gntu 4 i thi + ftall t d n in on is Gn� ropy r�N� nh aGu u � `err er aR w nl + These � 19 r GFt6 n e to he s - brAMedi a ally r hefere eanh n of the date 20 The report shall be submitted annually, on or before the 21 anniversary date of approval by the Board until the PUD is completely 22 constructed and all commitments in the PUD document/master plan are met 23 (built out). 24 a. A tract or parcel of a PUD that has completed construction within that 25 tract may be considered built -out and is not responsible for annual 26 monitoring reports, as long as all PUD commitments within that tract are 27 complete. This built -out status does not exempt the tract owner(s) from 28 commitments applicable to the entire PUD. 29 2. The Administrative Code shall establish the submittal requirements for a PUD 30 Annual Monitoring Report. 31 iRfOr matieli 32 Inlame of prejen+ 34 A. P11lFRhAF Gf W„46, by Fesideatial type; 6quaFe font. na . e 35 rnnrnn +inn fnnil; +inn n ial and ether perm i++ed usesi ipfran +p nt r 36 37 38 39 Of the MOROWFORg Feport. 40 d. Up to rate DI D moister plan nhewiRg infraotru into iris 41 , 42 RGluding OR site oF off site GemmitmeRtS. 43 44 45 46 and t ur eRto in the DMA peak 2 hewsi n opt that the n W(& 47 48 49 GORduGt the r red traffin n ,pt(s) as raef,pe,+ ,n ner+ified 50 ent'mate of of inh eeotc S inh fi Rds r ied must be 61619--d- by the (`n rnty 208 (:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 -Comment [ELSS"]: Admin Code o 5] mment [e1s50: F 2 a l i. reocated to the Admin code i `9A2 Text underlined is new text to be added. Text 6tFik8thF9ugh iG GUFFeRt text to be deleted ffom 1 nr Bold text indicates a defined term 1 3 f, Gepies of all required m n' +pr'n Vphc nem I°ted in pact year /i 4 +raffle tellfielrl °tp 5 9. Up to date PUD dGG6lFn8Plt VAiGh iRdudes all approved ameRdMeRts as 6 of the date of them n'ter'p peh 7 8 dial f +h °p tabl' hed Qrn S- n�T.cr�ti°aca»rrSrrv4. 9 I. OtheF ., f.... at:n.. as Fn ay be q 'red by (`n -nty Ma per E)F his 10 de6igRee- 11 3. Monitoring reports must be submitted in affidavit form approved by Collier County 12 to be executed by the owner(s) of the PUD. 13 4. County will be given at least 6 month's prior written notice to a change in 14 ownership, to a community association, including but not limited to transfer of all 15 or part of the development to a Home Owners Association, Property Owners 16 Association, Master Association, or similar entity. Change in ownership of 17 portions of a PUD development shall not absolve the original owner of the 18 requirement to file an annual monitoring report. Transferring responsibility for 19 filing the annual monitoring report to an entity other than the original owner may 20 be demonstrated in the form of an executed agreement between the original 21 owner and the new entity which when filed with the Planning and Zoning 22 Sew+se6 Department Director shall automatically transfer responsibility for filing 23 that annual monitoring report. 24 5. A release of a PUD commitment determined to be no longer necessary shall be 25 brought as an agenda item to the Board of County Commissioners for their 26 approval. 27 6. The PUD owner(s) "the Developer, Home Owners Association, Master 28 Association or similar entity" may petition the Board of County Commissioners to 29 relinquish the development rights to any un -built units and declare themselves 30 "built -out" in order to satisfy all reporting requirements. The applicant shall be 31 responsible for any documentation required to verify the status of the PUD when 32 requesting a waiver or a determination of "built -out" status. _ _ - Comment [C506]: Previously in LDC section 33 67. Traffic Count Monitoring requirements. A onetime payment for permanent traffic 10.02.07C.t.b— COAlanguage 34 count stations shall be due at the time of the first PUD Annual Monitoring Report 35 following the first certificate of occupancy within the PUD. The payment shall be 36 based upon the number of ingress and /or egress points (Access Points) based 37 upon the conceptual Master Plan within the PUD Ordinance. Each Access Point 38 shall require a payment of $500.00. If additional Access Points are granted at 39 any time, an additional payment of $500 per Access Point will be payable with 40 the following PUD Annual Monitoring Report. The Traffic Count monitoring 41 requirement shall be considered fulfilled for all PUDs that have already provided 42 at least one traffic count or payment in lieu of traffic counts. PUDs that have 43 traffic count monitoring language tied to specific commitments within their 44 ordinances shall remain in effect. 45 G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00 46 H. Interpretations of PUD documents. The Planning Services Department Director shall be 47 authorized to interpret the PUD document and PUD master plan. 48 I. Applicability. All applications for either a PUD rezoning or an amendment to an existing 49 PUD document or PUD master plan submitted after January 8, 2003, shall comply with 50 the amended procedures set forth in section 2.02.12 of this Code. All PUDs existing and 209 I:Wdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 future, shall comply with the sunset provisions established pursuant to section 2.02.12 2 D. of this Code. 3 1. All applications for a PUD rezoning or an amendment to an existing PUD 4 document or PUD master plan whether submitted before or after [the effective 5 date of this ordinance], shall comply with the processing time procedures set 6 forth in this section of the Code. 7 J. Planned unit development districts application processing. An application for a planned 8 development rezoning, amendment or change will be considered "open" when the 9 determination of "sufficiency" has been made and the application is assigned a petition 10 processing number. An application for a planned development rezoning, amendment or 11 change will be considered "closed" when the petitioner withdraws the subject application 12 through written notice or ceases to supply necessary information to continue processing 13 or otherwise actively pursue the rezoning, for a period of 6 months. An application 14 deemed "closed" will not receive further processing and an application "closed" through 15 inactivity shall be deemed withdrawn. The County Manager or his designee will notify 16 applicant of closure, however, failure to notify by the County shall not eliminate the 17 "closed" status of a petition. An application deemed "closed" may be re- opened by 18 submitting a new application, repayment of all application fees and granting of a 19 determination of "sufficiency ". Further review of the project will be subject to the then 20 current LDC6ede. 21 K. Dedication of the public facilities and development of prescribed amenities. 22 1. The Board of County Commissioners may, as a condition of approval and 23 adoption of a PUD rezoning and in accordance with the approved master plan of 24 development, require that suitable areas for streets, public rights -of -way, 25 schools, parks, and other public facilities be set aside, improved, and /or 26 dedicated for public use. Where impact fees are levied for 1 or more required 27 public facilities, the market value of the land set aside for the public purpose may 28 be credited towards such impact fees to the extent authorized by the County's 29 Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated 30 amount no greater than the market value of the set aside land prior to the 31 rezoning action, as determined by an accredited appraiser from a list approved 32 by Collier County. Said appraisal shall be submitted to the County Attorney's 33 Office and the real property office within 90 days of the date of approval of the 34 rezone, or as otherwise extended in writing by the County Manager or his 35 designee, so as to establish the amount of any impact fee credits resulting from 36 said dedication. Failure to provide said appraisal within this time frame shall 37 automatically authorize the county to determine the market value of the set aside 38 property. Impact fee credits shall only be effective after recordation of the 39 document conveying the dedicated property to Collier County. Where the term 40 Collier County is used in this section, it shall be construed to include the Collier 41 County Water and Sewer District or other agency or dependent district of Collier 42 County Government. 43 2. Land set aside and /or to be improved as committed in the PUD document, or 44 master plan, as the case may be, shall be deeded or dedicated to Collier County 45 within 90 days of receipt of notification by the county that the property is needed 46 for certain pending public improvements or as otherwise approved by the Board 47 of County Commissioners during the PUD rezoning approval process. In any 48 case, however, the county shall take title to the set aside property, at the latest, 49 by a date certain established during, and conditioned on, the approval of the 50 PUD zoning. At no cost to the County, the land set aside and /or to be improved 51 shall be made free and clear of all liens, encumbrances and improvements, 210 hAdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 il 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Text underlined is new text to be added. Bold•text indicates a defined term except as otherwise approved by the Board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board for consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of the LDC this Cede pursuant to LDC subsection 8.08.00 B. 3. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. L. Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and /or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 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 Dever,,.,. ent SeWiGes Director may serve written notice upon such organization and /or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the Planning and Zoning Director shall call upon any public or private agency to maintain the common open space for a period of 1 year. When the Planning and Zoning developmeat see 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. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties. # # # # # # # # # # # # # 211 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 E C7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Text underlined is new text to be added. a i 11..E Aw...oniSr. a Code or revised a.� ._.___._- -= the text indicates a defined term Administrative Code Reference Admin Code -Chapter/Section: Ch. 3 D. (1) Admin Title: MUP- Public Hearing for use of Bonus Density Pool and /or other Deviations LDC Notice Section 10.03.06 N. LDC Section: 4.02.16 C.8 and 10.02.15 LDC Notes: 4.02.16 C.8- No amendments 19.02.15A.2.-h. Submittal re s moved to the Admin Code. Admin Code Notes: And Admin Code -Chapter/Section: Ch. 3 D. (2) Admin Title: MUP- Administrative Approval LDC Notice Section LDC Section: 10. 02.15 A.1 LDC Notes: 1 ^ 02 15 ^ ' h Submittal re s moved to the Admin Code. Admin Code Notes: 10.02.15 Requirements for Mixed Use Projects P GG es-within the Bayshore Gateway Triangle Redevelopment Area A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BMUD -NC), Waterfront (BMUD -W), and Mixed Use (GTMUD -MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this section. A pre - application meeting is required for all MUP applications. 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: i. The MUP complies with all site development standards as outlined in section 4.02.16 of the LDC; ii. The MUP only includes permitted uses as outlined by the Table of Uses for the subdistrict in which it is located; and 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 Requirements, The application shall follow the applicable submittal requirements and procedures for site development plan submittal and review. 2. MUPs Requiring Public Hearing: a. MUPs that do not meet the thresholds for administrative approval may be approved by the Board of Zoning Appeals (BZA) through a public hearing process. 213 (:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. TOA StFik9thFGW9h IeA le de led 1, -1]2 a' na r Fn eigGated to the Bold text indicates a defined term b. The Administrative Code shall establish the submittal requirements for MUP requiring a public hearing for approval The application shall follow the applicable submittal requirements and procedures set forth in LDC section 10.08.00, for conditional use submittal and review. ?fie ppliGatio„ shall be aGGernpanied - -tea n„+..,g all ested ,+,,,vibe, . In addition to the conditional use findings as set forth in LDC section 10.08.00 D., the following shall be considered: i. Whether or not the requested use or uses are consistent with and further the redevelopment goals and /or objectives of the Collier County Community Redevelopment Agency (CRA) for the subdistrict(s) in which it is located. In addition to the typical staff analysis for land use petitions, the Collier County Planning Commission (CCPC) may also be guided by written or verbal input from CRA staff. ii. Whether or not the proposed use or uses are appropriate in terms of scale and /or size when considered in the context of the overall MUP and subdistrict. iii. Whether a requested deviation is (1) justified in that the subject LDC provision is not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The applicant shall provide an analysis so the CCPC may consider the existing conditions related to the need for the requested deviation or conversely, strict adherence to the subject LDC provision, in terms feasibility and /or need. iv. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. C. There shall be a public hearing before the BZA legally noticed and advertised pursuant to LDC section 10.03.069&:6. d. After a Mixed Use Project has been approved by the BZA, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the BZA and meeting the requirements of section 10.02.03 13.1. of the LDC. The SDP may be submitted concurrent with the MUP application at the applicant's risk. 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 10.02.03.6.4.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. MUP Deviations. 1. Authority. The County Manager or designee may grant administrative deviations for proposed developments requesting, or which have obtained, MUP approval 214 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 3. r Text underlined is new text to be added. .,w intent V V V relonatpri V a Aam6n a Code O revised �V V Bold text indicates a defined term through a public hearing process. Deviations to the following land development standards may be granted, providing such deviation requests demonstrate compliance with the applicable criteria. 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. i. These deviation requests shall be subject to the process and procedures of LDC sections 5.05.08. F. 1. — 2- and the submittal comment [ELS5o7] F3 identified the requirements established in the Administrative Code- Dev+a ie s S�bm ttal naqu cements and was moved to the - , except that in order to be eligible for � _ Administrative Code -- - an administrative deviation the site shall meet at least one of the Comment [C508]: Amended section and following conditions or circumstances: removed "Deviations and Alternative Compliance." 080613 a) If constructed where otherwise required, the building(s) or —J structure(s) would conflict with regulatory standards for existing public utilities or encroach into an associated public utility easement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. b) The property has a unique or challenging parcel shape or boundary, such as a narrow lot frontage on the public street. ii. In order to administratively approve a front setback deviation, the proposed design shall create a connective and walkable environment by demonstrating a comparable relationship between proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and associated parking facilities and transit alternatives. 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. — 2 and 5 the submittal _ corttment [ELS509]: see above _and_ 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 X5.05.08. F. 1. — 3 2 _ - {Comment [ELS510]: see above and the submittal requirements established in the Administrative Code. Further, the applicant aad 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. 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 13.2 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: a. Whether a requested deviation is (1) justified in that the subject LDC provision is either not practical, feasible, desirable, or warranted or not 215 LkAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Text underlined is new text to be added. Bold text indicates a defined term practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The application shall provide an analysis of existing conditions and the impact of either the requested deviation or strict adherence to the subject LDC provision, in terms feasibility and /or need. b. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. 4. Effect of Denial. Staff denial of any such requested deviation may be appealed under the provisions of section 250 -58 of the Collier County Code of Laws and Ordinances. 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. 1. The project shall be within the Neighborhood Commercial (BMUD -NC), Waterfront (BMUC -W), or Commercial Mixed Use (GTMUD -MXD) Subdistricts, and shall be a mixed use project. 2. Base density shall be as per the underlying zoning district. The maximum density of 12 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the 12 unit maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. 3. For proposed projects, only the Affordable Housing Density Bonus, as provided in the Density Rating System, is allowed in addition to the eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area (CHHA). 4. The project shall comply with the standards for mixed use development set forth in LDC section 4.02.16 C.B. 5. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. # # # # # # # # # # # # # 216 hAdmin Code 2012 \Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9 A 2 `9A2 Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/ LDC Amendment Overview` Admin Code Section Throughout Admin Code and Chapter 8 and Title: LDC Notice Section: N/A LDC Changes: 10.03.05 • Rewrote entire section, identifies the basic requirements for public notice. • Relocated 10.03.05 public notice details to new 10.023.06 Revised: 6/6/13 CC 10.03.05 Required Methods of Providing Public Notice _ _ _ _ _ comment [cs>.i]: This section outlines the Nea;;Rgsv ^ire ° the ,� ^G, the Planning Commission, the Deard of Zoning Appeals, The basics for public notice EAG, and the HistoriG Preservation BeaFd 6 This section shall establish the required methods of providing public notice. Chapter 8 of the 7 Administrative Code shall establish the public notice procedures for land use petitions. 8 9 A. Neighborhood Information Meetings (NIM) shall be held prior to the first public hearing 10 and noticed as follows: 11 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 12 10.03.05 B. 13 2. Newspaper Advertisement prior to the NIM. 14 B. Mailed Notice. 15 1. Mailed Notice shall be sent to property owners in the notification area as follows: 16 a. For areas in the urban designated area of the future land use element of 17 the Growth Management Plan notices shall be sent to all property owners 18 within 500 feet of the property lines of the subject property. 19 b. For all other areas, notices shall be sent to all property owners within 20 1,000 feet of the property lines of the subject property. 21 C. Notices shall also be sent to property owners and condominium and civic 22 associations whose members are impacted by the proposed land use 23 changes and who have formally requested the county to be notified. A list 24 of such organizations must be provided and maintained by the county. but 25 the applicant must bear the responsibility of insuring that all parties are 26 notified. 27 2. For the purposes of this requirement, the names and addresses of property 28 owners shall be deemed those appearing on the latest tax rolls of Collier County. 29 Unless required by F.S. §125.66 (4), the mailed notice is a courtesy only and is 30 not iurisdictional. Accordingly, provided a good faith attempt for mailed notice is 31 made, failure to mail or to timely mail the notice or failure of an affected property 32 owner to receive mailed notice will not constitute a defect in notice or bar the 33 public lhearing as scheduled. - , comment [c912]: New language. 34 C. Newspaper Advertisement. 35 1. In accordance with F. S. X125.66. 36 D. Posting of Signage. Where required, signs shall be posted 15 days prior the first 37 advertised public hearing pursuant to the Administrative Code. 38 39 40 41 217 I:Wdmin Code 20121Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. Text r Akethr. ugh is he deleted from I DG "AnRIM t de or revised Bold text indicates a defined term 1 development regulations as defined iR P.S. § i63.3202, regardle66 of the perGeRtage of the t 2 3 4 6erefnissiener 5 6 nrdinanoe or of thorn No request for establishment n arneRdm!eRt of a 7 rode lat'on that affeots the use of land m he n s'dered by the Dlann'n 8 9 10 ROt"Ge ef the hearing in a newspaper of general GOFG611atieR OR the GE)unty, at le-is' 11 15 days in advance of the pubNG hearing. 12 2. The BeaFd of re In +n, remmiss+onefs shall hold at lleast 1 adveltised p- 13 hearings on the n sed ordmnanee n all l +'en The regular ena.+ +men+ 14 PFOGedure fer sl oh ord'n e6 t'o shall be as folle. a. The Board of er 15 rnl �nty Gemmissioners at aRy n llar or al mee ting may an+ end or 16 the ordonaa,,RGe, of o li -loon Of ne +io of intent to same is giveR at least 10 days 17 18 19 20 CeFFIMiSS'GRers. The ROtiGe Gf PFOpesed enaiatmeRt Shall state the date, time apid 21 plane of the meeting, the +i+Ie of the n ed ordinanoe or ell +ien and the 22 23 Fna; beanspested by the pl b!'G. The ROt;ae shall also advise that interested 24 Yua. s rt .r ' may at the mee +'n and he heard with r at e to the n ed 25 . 26 27 28 29 30 31 or the of land to moll ids r onditinnal and ZGRORg status rezeneRg uses 32 33 34 35 36 37 38 39 pFev+s+ens 40 i. Apnl'oa +'n s For a DI Irl extension and a onditional n extens'n whether 41 42 the R9tiGe and advieFfisiRg requirements set forth 'R seistioRs 10-0-2-0-5 86 10). and 43 11 n- f this Gode 44 2. in the °oD to seefiens 10.02.13 D.4., 10.02: Gass of en e^s;e^sparsaant 45 n G a and 10 02 1`2 D.6. of th's cede and onnd't'nnal ex+ens'o use 46 6hall be pested at least 15 days prior to the date of the heaFiRg befeFe the B 47 . 48 a. The sign advising of the PL JD extension n nod' +'n al use extension 49 . 50 DI IQI V` HEARING FOR A PLANNED UNIT DEVELOPMENT (DI D) 51 and/or CONDITIONAL USE EXTENSION 218 I:Wdmin Code 2012 \Current WorkkAdministrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added Bold text indicates a defined term r�l.��r� Cdr eas: rro :s�lr_rrszmr�nrrar.�rr_�er•r•• ■. 4 b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, 5 COLLIER COUNTY GOVERNMENT G ENTER, _.r O. TURNER 6 BUILDING, 3301 I=. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. 8 arnendrneRtS, a 6igR must be pested at least 15 day6 prier to the date of both • 1 HEARING 12 the f()"GW'Rg fermat: O- SMALL SCALE Or OTHER SITE SPECIFIC ■ •, ., DATE: 16 aMeRdment) 19 b. THE ABOVE TO RE HELD IN COMMISSIONERS ROOM, 1 COLLIER COUNTY GOVERNMENT CENTER, -.r, O, TURNER 21 -BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. 23 15 days prieF te the date of the publiG hearing by the P!aRRbRg Commission. T-N 24 sign to be pested- r-sh-All substantially the f0IIGWiRg language and the sign 25 GGPY shall Wtikzee the tetal area E)f the Sign: 26 a. PUBLIC; HEARING TO REZONE THIS PROPERTY- FROM • TO 29 DATE: I 32 b. HEARING REQ ■ 0. . .. .- • DATE' 38 G. ALL OF THE ABOVE TO BE 14ELD IN COMMISSIONERS MEETING • ROOM, O. 40 TURNER BUILDING, 3304 I=. TAMIAMi TRAIL, NAPLES, FLORIDA, 41 34112. 42 La Per all pe+i +'n c the area of the SigRS shall be as fellew&. 43 a. For p parties less than 1 a in 6oze, the 6igR shall m At least l- 44 and y_ square feet ip 45 b. Cnr n perFes 1 a oF mere in 6aze, the isip shall m at leant 32 46 square feet On area 47 6. Cnr all pet' +inns On rt Gase of signs Innate n parties less +hop 1 a ll he o 48 shall ented by the GG In +y Manager nr his designee in fill y 49 of the pu blip anh street cilia of the s uh'ent p arty 1Nhere the property far 50 wh'Gh approval as sought is land'913ked or for some E)theF reason the signs ra 51 he pelted d'rently on the s ubien+ p party then the 6igR er 6igns shall he area +e J 219 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '~ Text underlined is new text to be added. Text StF;kethFgUgh 06 GUFFent te)d to he deleted #eFR [=PC and de or revised Bold text indicates °vefi"edterm 1 along the ReaFest street right of way, with an attaGhed RetatiOR indiGating 2 3 4 5 G propeFty has fFORtage. Where the subjed property '6 !andIGGked, or for some 7 8 SwgRG shall be erected along the ReaFest street right of way, with an attaGhed S 10 11 street, heweveF, 'n the Ga6e of e)deMal boundaries aIGRg a street with greatef 12 4antages thaR 1,320 lineal: feet, G'gRS shall be plaGed equdstant ftom one 13 another w0th a . . qg Gf 1,000 "Real: feet, eXGept that OR no rase 6ha4 14 15 16 17 18 by the Planning GGFnMmGSmGR, whiGhever has jurisdiGtOGR. The S'gRS shall remain 19 20 21 22 23 8. For all petitien6 eXGept for small Wale 9F ether 6ite speG'f'G aFnendFneRts to the 24 25 26 QoFnrnssbn sh.A." hp spnt At least 15 days in advanGe of the heaFiRg by mail to 27 28 9. For all petMORs exisept for small Wale or ether site speG*fiG aFflendments to th 29 30 31 the GOURty at least 1 time at least 15 day6 PFOGF tG the publiG hearing. WheFe 32 33 develepmeRt standards, intensity or den64y in terms ef total floor area a 34 35 36 37 38 39 40 41 42 43 by mail to all owners of prepeFty MWR 500 feet ef the pFoperty "Res of the land 44 feF whiGh aR approval is sought; pmvWed, however, that where the Iand for whinh 45 48 the 500 foot dostanGe shall be Fnea6wed fFepn the beundarmes of the eRteFe 47 48 IGGated more than % mile (2,640 feet) ftem the 66ibjeO property. FeF the 49 50 51 220 /ummmCode 2012\mrremWommminmtraty Code mu Amendment 09/mx for oncdocx 9A2 Text underlined is new text to be added Bold text indicates a defined term 1 ! 1 . Felr:call petmt GnIS envept f49F small GGale or other MeS ie amendments to the 2 Gomprehensive plan fer su Meat n perties Inna+ed yiith'p of the future land 3 Li6e element of the n eyAh m en+ play that a pet designated urban all of 4 5 sent to all p perhi o within 1,000 linear feet of the s hient property. For the 6 purpeselS of this requirement, names and addresses of property evmeFS shall 7 be deemed those appeaFiRg Gn the latest tax relis of GA14er County and aRy other 9 12 Fer small shale apd other site c nifin 130mprehepsive plan a epdments the 10 RaRRORg GeMM0660GR (leGal planning agenGY) shall hold advertised pubN 11 12 FeqOremeRtS ef Ghapter 163, Florida Statutes, 13 13. For all petitiGRis eXGept fnr small shale or other site c nifin amendments to the 14 GEImprehensive plan net': of +he time and plane of the pu bl'n hearing by the 15 16 GiFIBUlation in the n ntv at least 1 time at least 15 days p or +n the p ublin 17 heafiag 18 14 The nleFk to the Board of GO rat y (`nm shall netify by mail eanh real 19 L0y.hnse addrpsc 4nnym by referenne to the latest ad yalnrern tax r ordc The 21 22 notine shall be giveR at least 15 days p er to the date se+ fn-.r the n ibl'n hearing 23 24 regular bUciness hog irs of the nleFk to the Beard of QG inty rnmmisofnpers 25 15. Fer small shale and other sites nifin GGMpreheRS've plan a endmepts the 26 Board of County Commissioners shall held advertised puhlin hearing /s\ nn the 27 28 . 29 1R . (` For all o +her pe+i+inps the Board of n Un +v GOFFI ..issieners shall held 1 �v 30 upGR 31 the n nnlU S'ep of the hearing immediately adopt the erdipapne n eli itinn 32 S. Bevels eat of Deginpal Imps DDl\ DrnEedu;es 33 1. Pu Fpose Thep of this ent'n s We se+ forth the r ep +s fnr +be 34 estab4lShment of DRIs, the amendmeRt Gf DR! development orders and the 35 abandnnmen+ of Dols 36 2. nlotine of Planning GOFFIMissinp uear'p 37 38 hearaRgS 6hali hp ;;q ;Pt forth IC) 02 OF; R 2 39 through —R. -9. of this; Go-de. The required 6*gR 6hall be in sub6tantially the 40 following g€nrmnat 41 DI IPI IC 1 ICADIAI(` RMI ICCTIAI!'_ f1C\ /CI ( P114F= IT OF DC('_IIIAIAI 42 111ADA(`T ADDDlI \ /AI /A �ACAIf11tACA1T 11C A 1lDl 1►C \ /CI (1D11ACAIT 43 44 T(1 PERMIT: /QUffinien +ly ale r to desnrihe then en+\ 45 DATR 46 TIM €: 47 TO PC HELD IN THE ❑GG MEETING DOOM COLLIER ICD CO NTV 48 GOVERNMENT CENTER, HARMON TURNER BUILDING, DING 3301 C 49 TAMIAMI TRAIL, NAPLES, FLORIDA, 2411:2 221 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text StFikethFough is GUF!e=�a And Code OF FeVigpd Bold text indicates "*efi"ed term 2 3 4 5 O 7 3. RaRniRg GOMFRiSS'GR Hearing. The RaRRORg Commissien shall hold 1 advertised 8 8 development GFder or abandORFnGRt ef DR! development order, as the Gase 10 11 4. NGtiGe of BGG Hearing. 12 13 be Set fer-th OR subsedion 10. 03. 05 B. 11. ef thos Cede-. 14 15 10 10.03.05 B. 10. of thes Gerip MALI 61 'b"3191344GR 380.06 (11), Florida Statutes, 17 as may be ameRded. 18 18 20 21 of the heaFiRg, the BGG may immediately adopt the Fesolutien appFOVORg the 22 establishment of the DR!, amendmeRt Of DR! development GFder, E) 23 24 25 380.06(g) threugh (12), 390.06 (19) and 380.06 (26), FieFida StatuteiS, a6 may-be 26 27 28 D. Note% and pub"G heaFiRg where proposed ameRdinent initiated by the Beard of County 29 30 31 32 ZGR*Rg Qrd'RaRGe (90 23) [Code Gh. 106, art. 11], iRitiated by the Beard of 33 34 35 and he Rts by the Planning Gornmissbn and the Beard of Geun�lf 36 37 38 39 40 least 15 days pF*or to the date of the publiG heaFing. Not'Ge of the time and pIaGe 41 ef the publiG heaFiRg by the Planning Gernmi6sien shall be sent at least 15 days 42 43 be rezoned by enaistment of the al:dinaRGe OF Feselutien, whose addFess is knevim 44 45 40 47 48 whese address ms kROWR by refereRGe to the latest ad va'OFem tax reGOFds. The 49 50 51 OR 6UGh erdiRaRGe or FeISGM09R. Sur-* netir.e shall be given at least 30 days pF . W 222 /mdmi"mde 2012\Current Wom\Admmstrative Code mu Amendment vmmofor BCo.docx ^ 9A2 9A2 Text underlined is new text to be added. a• Bold text indicates a defined term 223 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx � Text underlined u new text *be added Bold text indicates auefi"edterm 2 ' 3 shall 'Rclude major street Rames a6 a Fneans of identifiGation of the area. 4 5 the pFoposed eFdonanre or FesokltiGR. At lea6t 1 hearing shall be held after 5�.00 0 p.Fn. on a weekday, unless the Beard of County CommissioneFs, by a majerity 7 PIU6 1 vete, e!eGts tO Genduc-t that heaFiRg at anothel: time of day. The first p6i6G 8 heaFiRg shall be held at lealst 7 days after the day that the first adverti6emeRt S published. The seGend heaF'ng 6hall be held at least 10 days afteF the fiF6 10 11 The Flaquired advertisements shall be ne less than 2 GlDlumnis wide by teR 12 13 14 shall not be plaGed OR that portion af the Rewspaper where legal RGtqGes and 15 16 17 10 19 . . v6paper that is published at least 5 days a week 61RIess the GRI 20 new6papeF in the GOMMURity is published less thaR 5 days a week. The 21 22 NOTICE OF (TYPE OF) CHANGE 23 24 25 A puibliG hearing OR the wdinanGe oF resolUtiOR will be held on (date and tim" 26 27 28 29 30 31 32 6. IR heu of publishiRg the advertisement set e6it *R thi6 paragraph, the Beard of 33 34 35 pG6ed GFd;RanGe or re6elutien and shall notify the peF60R of the 36 37 eseluteen. 30 39 4U 41 42 43 44 45 46 ether site spedfiG 1301`nprehensive plan amendment, and befeFe the Publi 47 48 as the BeaFd of Zoning Appeals- 49 50 51 224 /*mmm Code um2\C"nemWoom^mmistmove Code Loo Amendment oom1x for 000.o=x 9A2 9A2 Text underlined is new text to be added. Text StFikethFGUgh 06 Bold text indicates a defined term 1 2 te be held to the PlanniRg Gemmilssion adoption amendment, pFier 3 hearing, II y be required if, as determined M. staff, a c ubstan+ial RI 4 5 6 b. I a 11 A'ved I Ice Drnien+ the onnlino+inn of+nr ;ni +ial staff re.., Mnd ...,.se of -.. 7 8 9 G. nnl'n., +inns the For ci +e number of staff reyi_.._ of the all her annrnnrin 10 before the NIM be held be at the disGretie app!*Gat*GR returned Gan YAII 11 12 re � pnnessa Kndering the applicant from presen ting the w e eGessarily reviews s M 13 . 14 2. VV '++ F of the meeFn shell be sent to all p perty o yAe a 15 16 10.0-3.05 -IA of 11. ritten the mee +'nn shall be sent to all property or R9tine 17 GWReF6 .yi +h'n 500 feet of the n perty lipe of the land for which the n amend...en+ 18 to h+ The 5 nn f di,;tan n shall he c-;,' from th- 6 6e u g 19 20 the future Land element of the n o..Ah m ent plan that a not use 21 d Rated urban the feregning Rot's eats apply, a ept that ywitten 22 otificetion m st be sent to all n perty within 1,000 linear feet of the owners 23 subject n perk. Cllr the of this Fequirement, the n and addresses purposes 24 f property n shall be deemed those appeaF'Rg p the latest ta.( rolls E) 25 26 27 assodafioR6 be umpaGted by the land use wha6e members may PFGPG6ed 28 GhaRges and who have formally requested the n my to he notified 29 a. A Gs+ of sU rah s+ he and m 'n+aiped by the WgaRizat'ORS provided 30 GGURty, but the beaF the reispeRisibility inswing that all appimrant must of 31 32 above end the date time and locaFn of the meeting, Est be furnished 33 te the GOURty Manager deisigRee the of the Board of County or and OffiGe 34 Gerwn6sseoners no less than tep days prior to the Scheduled date of the 35 36 b. The applicant must make a ents for the Iona +inn of the meeting 37 38 .yhe . Fequlred to . e et'ce and the facilities must be of s ,ff a ent 39 fn nppnvmn nd�zcte + of —vP�ed et+�nGe. The applinan+ Must f. irther 40 ca + display .advertisement 114 page, n type p alley than 12 p int 41 and I'Al "A Rot be plaGed in that peFtien Of the Rew6papeF where legal 42 ROtiGeS and classified advertisements appear, sta ting the p 43 Ioraat'nn twmp of the mee +inn and legible site Iona +inn of the p pei4 y map 44 for vyhich the zening change is he'll ested The advertisement 's to 45 46 7 days pr'oF to, bUt Ret lateF than 5 days before, the neighborhooA 47 infnrmat'o meeting (AIIM) The (collier GID inty staff planner assigned to (ceeting 48 pa +inn m a ttend then lic or designee m ust alse at tend the 49 550 the meet's ; however the applicant is elated to make a entat'e of 51 how it 'RteRds to develop the subjeGt The applaGaRt is Feq64ed to pFoperty. 225 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx .e p Text underlined is new text to be added. Neeated to the Adm Bold text indicates a defined term 1 2 of to the County Manager or designee 3 G. As a result of mandated- meetings With the puhl•^ ^ i+ ents made 4 by the app"GaRt shall he rod6lCed te it:nn and made a pa.+ of the d 5 Af the rooeedinns provided t.^. the Zoning and Land Deyel + Review 6 department. These writ ten ^ m•#ments will he made a part of the staff 7 8 part of the conisideratiOR fGF ORGIusion an the GORdtilDRS of approval of any 9 appliGable development GFder. 10 d. In Gases where the pplioan +'s pe+if•on an +i „h., e,..+°nds beyond G ., 11 frern the date that the last Neighberhood InformatiOR Meeting (NIM) was 12 13 and advelticinn required for the initial mee +inn This r eat does pat 14 apply to Site s Gifio GGmprehensive plan a ondment 15 16 ide dG.d,., entMtian te- the re,..,,,..n,t: Plan-nn- +h^# 17 property _t __G a .e a Athin 150 feet-of th su h•eot s to have been Mdyisedd of +h 18 event e nnrl .. RatuFe of the yaF*aRGe r n o ..e m n +' rep aFkinn peon u ester! ' +h' 30 d 19 eef receipt of a letter indi^ ^+inn that the n lie., +'on OS SYf G;eRt 20 4. Where it has been deteam.+aed that the—re t ^ ^+aiannipg a- v- p"^ p eFy OWRe�r, U 21 22 to be 60 nn +ifierd +ton the a I' ^n n+ MUSt rn.i rle ::yr tten '+..^IGUmentat.^vr^r to the 23 24 °rgan1Latien has also tee no +:Ford ^_..__.... n the event and nature of the 25 variance p rl,;^ , er.ted n list of r ert, E..,,.., ti .,wnef .r r-a ,.. ,� exemption °y,..,.,..,... . l,. Cd,.,� ., 26 27 28 the `oheduled date of the fir:+ advertised n hl'o hearipo The apnl'oapt must 29 nrnvide a m itten M.d.,.,..n+ of the Fein .lt Of Such Ret'Ge and shall submit any and aid 30 31 32 33 use district eda.y. In , the a rpan+ re ^ +^ a re,yal __star ,.. gk'nh Of a Mixed Use 34 inns lo) . Due. the a.a ySiopS of mixed- d*- #r;�t. `. h^ _ �...... , prejeGt a . ,..,° � �aa.y :^,! o, :: ,. ..... �... ..`. ..,..,..., ., .., , 35 36 37 . 38 1. The Planning GGFn n'ssiea shell he'd ^` TeariRg. Netine the one advertised of 39 torn and p'aGe E)f +he p uhl:G hod- by the Planning f`n . issie . shall S-e 40 41 least 15 days n r to the date of the pu hl'o hearing 42 43 the petition to apprn „e .vod use r •eye+ for property le^ated '^ a mixed w6c 44 C{jc +rlo# everlay. The yl'^ hearing shall be held at least 15 days after the day 45 that an adveFt*6emeRt *6 published in a newspaper of general paid GmFGU!at*E)n4'R 46 47 48 49 a"ryheeFe ., ....,,.,,, „aura .,, ..,..,. initial ,.,.,.,. aNah adviso.,y heard exists) after initial staff reyie.a and oar . ent GR the 50 51 226 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 C I Text underlined is new text to be added. .1 Adm revised Bold text indicates a defined term 1 Feq64ed te FeGeiVe legal n0tif;Gaffnn from the Geunty PLAFSLIAnt to segt:nns 2 3 4 requiFed to make the presenta +'nn n th de ment n e velop pla n of the c beet 5 gaper ty. 6 4 The I' + hall further r i d a display adye's n+ 1L page, n +vr app all tha 12 n 'nt� wh'ah shall net be placed 'n that ertien of the n e[ $ where legal nn +.w and Classified adyer+.o_..._n +s appear. The aril shall he 9 10 MeetiRg. The ad shall state the p mace Ionat'en and time of Meeting, and sh 11 12 appFGval IS ben requested. 13 5. The app! GaRt shall pest the subjeGt pFopeFty with aR GLAtdGGF S gR at least 10 14 days + the date of the n bl'e hearing before the Planning GammiSSIGR. Th 15 16 Gepy shall +'I'ze the total area of the 17 a. PUBLIC IC HEARING REQUESTING APPROVAL OF A MIXED USE 18 R R rI�TE (`T 19 T(1 PERIVAIT /Ala of Prn'oet\ (N umbel: of aoms\ 20 DATE: 21 TIME: 22 ALL OF THE ABOVE T(1 RE HEI rl IN COMMISSIONERS MEETING 23 ROOM COLLIER IER (`(\1 NTV (_QVF=RNMEAJT DENTED HARAK -Al 24 TURNER _R1_111L_PIAI(` 1�r11 E TAMIAPAI TRAIT NAPLES, EI 34112 25 6. The area f the hall be as preyided 'n ee +r)n 10.03] 05 113.34 d of the Cede 26 7. Criteria fer Mixed Use Pre}est Appreval. 27 The fGlln__• g rife,•- runt. °+ he met •„ nrrinr +n gain nnr al fn. mixed _ nrnjer +s 28 develeped 'n aGGeFdaRGe with PrGViSiE)RS of a mixed usee evarlay- 29 a. AI less than 60 nerGen+ of A_II ` .rArA`. _ial Vv_ .l +h.n M mixed 6ise pro'eg+ 30 shall n vide retail nffien and n ai SeFV Ge uses to s e the needs of 31 the b'eet n net ands nd'n residential n ghberheeds 32 -h. nln FR -Fe than 25 n eat of the s'dent'al n mixed use 33 PFGje + hall be GR gated r ad...a.ys Residential uses shall he nstr eted 34 eaRGuFFeRt with, r to the r , ns +r� ntiAn of nn.vmmerp'al s to uses 35 ae+ al dvelopment of a mixed USe PFGjeGt. 36 G. Mwed use pFejeGtS shall g eet +n legal streets, adjeiR Rg ReighberhoOdS 37 and adjacent de „elnpments regaFdIess of land e types A grid pattern 38 is usually the bas's for the trapspedat'g ehyerL 11 /hateyer the patterp of 39 the eh'p la etWGrL internal into pt'n s heft. And 40 o..+r, real n P P_ nt'A A s he twee ad'n i R 0 R g Re i g be rh ands R n lapel 41 shall ben „'ded fer pedestrian bin yele and n +her medes of alternate 42 #asp 43 d. Then ale eat of a mixed use pFejeGt may be Ineated 44 1p+ernal to then en+ e along the bey rldaFy� if externally Incafed internal 45 aGGess FGads and SeFVqGe aGGess shall ben yided s net +e p mr.te 46 s+r'n al development aIg ev +erpal ggneater and arterial 47 mss- 48 e. Parking IGto shall he d's ed thrn ghee h the p eo+ NO n arLipg In+ 49 shall provide m e than 40 p en+ of the r red nffstreet parking 50 ParL'n garages shall haven estrie +inns n en +age r.f required 51 227 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term 9 A 2 - Comment [C513]: Integrated in the 2012 Ba shore LDC amendment 13 Comment [C514]: This is being deleted 14 a !en^ ^r time mutually agreed UPOR by the DL,nn'nn Ge +h permanently. The first sentence is not yy 15 16 appeRdMent with the Round of GGWRb, rve S G e s within 45 days after +, the necessary. The second sentence is referring to LDC amendments and this time frame is identified in the 10.02.09, the new LDC 17 ouh.,t'^ he@FiRg before the P!aRRiRg Ge,,,,,,,,.Si n has beeR 1 amendment section 18 19 pFeseRted n r +o the oln of the pub! G heaF Rn nn +h I' ati The - - -..__ ._. __ _.._ _.___ _. _.._ n__.._ .._.,... .� ....._ art.... _ . ........ .. ...., 20 21 heaF;Rg, to re nnn,d to GIRY GeRt8RtiE)RS resen ted by ^ teStimeRy GF othe , 22 evirdeRGe Presented du,, e the hl e heaF'. _Rd to r` ,,.,a to the staff ,-+ 23 after reGe pt of whi h the heaFiRg shall he `eRduded ^less the heaFiRg 06 24 ..ent,n..ed .^..Rd the ,matter referree d, .h..^.,e!: to staff for ^t' f h 25 ,. atte, s as the o!^,,,„ e ran direct- 26 27 28 GGURty Go , , SS rerd 'n 10 02 12 n shall sho... that the RaRRiRg 29 GGMMiSGiGR has studied aR d n s'Aered the pFepesed nhan.,e ' lat' to the - -. 30 fene,.dn.. .,ho nl'n-.hle. 31 1. Whether the pFeneserd nhnnne ,.,'ll he `o, silstont :.., +h the e ^I h' + ^rte 32 peiif_,es anal future 1^nrd use m and the elements of the r ,.hh „u, J Uri ... ,.,,,.. map a .. , ., ^y.,,..,,, , ,aye.,,." 33 plar1- 34 2. The existiRg 1and use pattef,T 35 8. The sihle r. e ^+io of e el +e d distr' t i inrP,1;#PA to aCganenf .,n, 7 . h 36 diStFintn. 37 4. VVhetheF existing rd.ctr.ot he... nr — ;tries R.re ;flee all dray.,n in , e! t .., , to existing 38 rnnrdi +ions An then ert y proposed for ohnnne 39 5. VVhetheF Gh° ged GF Gha giYg a Rd;tiGRS make the passage of the proposed 40 ameRdMeRt n 41 42 aeighberhoed. 43 7. Whether - the grE)pesea ^ha ^ye Will G, eate GF .,,..,,.ss vely iRGFe@Se traff;^ 44 45 46 47 48 8. WhetheFthe pFepesed GhaRse W II e^ +e ^ ,dr^iRage prhleaa. O Whether the nrono�ed n rd ^'r +o adj c c c�ivpv c ante W seriedsljr- redaee �ig#t�- cm- c�crcraeeH[ 50 areas. 228 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C515]: Incorrect citation Text underlined is new text to be added Bold text indicates a defined term 1 1 Q. %ihether the PFePGSe'J G epee w ll�m�rdyerSely "ffor,+ p or+„ Values in n�'�°c 2 T 3 11 Whether the n eed ehanae w 11 be a deterrent to the 'm ent n 4 developmeRt of adjaleent PFOpeFty OR aGGGFdaRGe with exiStiRg regulatiens. 5 6 . 7 13 Whether there a substantial r why then ehv r not be 6 ed .n g aGGGFdanGe with exist ng zoning, 9 Tit Whether the chap suggested io nU h of Seale with the Reeds of the 10 11 15. \Nhether it is impossible to find other adequate cites 'n the e my fnr the 12 PFGpesed use in d str atr. already n m tt'n nh 13 166 The phys'ea1 nharaeter'st'n of the n erty and the degree of site alterat'n 14 15 petential LAses nder the n ed ZGR;Rg GI@Ssifine +inn 16 17 The 'm aat of development OR the availability of adequate p ubGe fenfli +ins apd 17 sePViGeS GGRSisterlt with the levels of sepAGe adeptnd in the Collier (`n ntv 18 19 . 11], as aMeRd 20 21 (`emm's shell deem 'm GFtant 'n the proteat'n of the p hl'o health 22 safety, and welfare 23 24 25 #e11ew+Ng- ma FlRer� 26 27 and pu blln fan. n +ins apd s s have been p .Aded at n hl'n 28 29 2. Re +i +inntie l f cr a Yre -7e.np- At h t„ rrm �e S 21„ required e3HStHRg G„m Rity and pub! 30 fani6+ies ands s have heen n yided at the private expense of the 31 pet+tieReF; e� 32 3 Dnst a surety 'n 1'e of nompleted 'm en +s ten antee that all r.f the 33 34 4 CaelGfins fnr narks and wheels three eh land dedina +inn OF fee 'n 1'e of s ah 35 ded Gatien ee 36 . 37 38 ZGRiRg regulati9RS, the Diapp'pa Gemm hall a 'der and + dy 39 1 The veer! and L sfifieatien fnr the nhannn 40 41 the e infi.'s n eyAh m ept plan ,yith a iato e s'deratie as to 42 whether the p e,d ehanne w 1 f Fther the purpeses of these Z 43 FeguiatiGRs and other GGLIRty 44 plement then ,• nhh m ent (plan 45 46 47 48 49 50 51 229 11Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added Bold text indicates a defined term 2 MaRagement nl- 230 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 9A2 Text underlined is new text to be added. Bold text indicates a defined term 1 2 t. 3 b. Land dd t 'asirdie. -+ ri/ to be improved as gamm'ttedd as parr of the 5 90 days of - _ t f +'f' at' n by the unty that the _n _n_r+,. is needeA 6 f r+a' pendiRg bl' irripreveMeRtS n, as otherwise approved by the 7 8 any Gase, however, thG GOunty shall take title to the set aside property, at 9 the latest, by a date gerta'n establ "shed d and nnnri ±n 0n the 10 11 aside _..r1/-_ to be impFeved -hall he made free and plea of all I'e 12 e GLAmh, ^ `.,., andd pr ."., etc at the rte eloper sale expeRGe, 13 eXGept otherwise pprn iedd b.. the board. Ca;-Y e to deed the land- n 14 GG I + the rdedd;gat.on with the 90 day apprnpr'a +e tome frame noted 15 abeve may e ult n v , _._ MFRepddat:an to the hoard- of for nans:dderat_o. 16 of r `e.. g the ub'eat par r.l frem its __.. _nt g ddictrint to - 17 18 seeiea B o&BB 19 6. Ch Ir! the .J a' at' f la Rd aisa naI d-e a eel eats upen 20 said ...on +s shall he o , ple +erd dd dd an a__epte by GGINer GOURtsn 21 R a rJ f(`nmm's- .___-_- at the rdeyelnpmep + phase .e.h{nh has 22 23 said ' eats are to be madder at a n'f'ed time v;dJedd far 24 e; thin the ar,rn g the r 25 26 27 . 28 N Beard pt„ ,.rnmm' 'one: agt'ap en the Planning (`nmm' S'nn r f !`a aggro._ 29 UpeR se 'p+ of the Planning (`amm s report and r___.... _nddafn -- the egnmme i nc 30 31 be giVeR pwsuaRt M the pro /s'nns of general la.ei The r po_'±c_aR{ 32 FeG9MFReRdatiGRS of the staff and! the Planning GGMMiSSiGR n the a pl -sn±in 33 shall be eseptedd prier to the _Ince of than bl'n hea n n the appl"ra +inn Th4 34 appi GaRt shall have the right, pr'..r to the GInse of the p hl'a heaFiRg, tn_re 35 e 8 „R +....t..... p `^+odd by „ +es+ mV , n +ha _ , rla pr _enter! i i�r- o rho .. ...� ."'.� ".� ... _ °_ r° �_-' 36 duriRg then blip heaFiRg. 37 2. I._ the --_-- -f all proposed ahangec n, _ ,,,`.ndMentc oh `han 38 . d- pt s sha11 pn+ he Yddep +edd exeept by the affirmative n +e _f 4 m_mhars .,f 39 . 40 Q. FAill Irp Af Reard Af C + (` to an+ If a Planning C.Gmmissien 41 42 43 repeFt a rd PeGeMmeRdatiGR is baser! shall he deemed to have been dden'edi prcmded 44 45 46 P. I 'm'ta t'p n the of n err„ 47 11. GhRRge in the ` g n_IY c'f.oMt.n.. of pr perry shall be ..sidle edd Which 48 lRyelves Invc than nn non sn am feet of area ^nrd 200 feet r.f street frontage t where the rnpnsal fer r n of property involves exteRSi9R of a 50 exiStiRg m'Ia artier ..4 rd'str'ot bn ndda Within the hrnaddeT land us 51 231 hAdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Text StFilkethizeugh is =t�fot!,!e Bold text indicates a defined term 1 r2 higher density OF iRtens' +y. I- eweyer the en+ of Inn feet of +Feet 3 frontage shall not apply to r not't'e s that n 'r♦ Stn perGeRt eF more 4 . 5 2. When a eer thee oo'ra of ro" +y (`nm mi c 6'e nerc has rye n'ed a I' at'n for the API 11,� pp111 1 i1�JlO GI STIR 6 rezGRiRg of n er+., the Dln n GerRmissiGR shall no+ +h eft 7 a GGRSirder a y further n nl'ea +'on for the same rezeRiRg of aRy part ell f or 8 the sarne erty fnr a orl of 12 months from the date of s, rah +'n per 9 5. GA- .niriidi�= an appliGat •,.,vr. for aRy ether kind of FezeRiRg of aRy art a al of 10 the same eFty fer a e.d r.f 6 months frees. the date of c eh 11 3. €Xcept as e +hher ow se pry, ded Witgin seE +'ran n' 12 D. all z als f„r 12 erh'r-h a final development ardor has RGt beeR gF@Rted within the fifth F f year 13 14 for the n er+., should he oha Rged to a lower, e suitable olass'f et' 15 DUFiRg the f fth year after the date of the ZOR ng appreval by the Beard of Coupty 16 r`omm's R d duriRg every fifth year +hereafter, the Ge n+., MaRageF r h' 17 designee shall prepare r.rt nn the status of the r erd n er+y The 18 purpese ef the repert will be te evaluate what n oerl ral steps have been taken 19 to deyelen the Property J Rder ' +s a ent ZGRiRg olassaifii;aatieR. 20 Qheu id the Ge un +y _Manage r his des'r e deer e that development has 21 Fe„n„eFlGed then the lung! shall reta . jtS 8XOStiRg ZeRiRg "la....Sikat,GIR and shad, 22 not be c b eat to add' +'n al review and nlass"f'oa +'en ohanee 23 She Id the r'n Rty Manager er his des "e e de +ermilre that deyelepmen+ has no+ 24 Ge,.,.,,eRGed then UpeR review nd e s'derat'n of the r Pert and a 25 supplemental 46IFFnatieR that may be provided, the Beard Of GOURty 26 ('emmissieners shall eles+ n of the folln..; n 27 a. To ev +epd the r en+ -ZGRiRg elass'f'ea +ien OR the property fnr a L8 ed of 5 y at the end of whioh time, the n erty shall aga R he 29 evaluated u nder +hen oed as defined herein t thee- an�nrn iate n�n+� staff ins �,gProre� for id 30 t3. Sires s� ��; °sT�se,Q 31 vj��, r e rt., +' Theo +'n olass'f'oa e of the property shall reFR@iR k4 N, 32 effeet URN c bsen en+ aot'en by the board en the n erty 33 In the ease of deyelepp,ents of r al n+ , time I'm'+ FeStFiGtieRS hall 34 vie, superseded by the phasing plan nd Gr time IIIMItS ata ed within +be 35 36 . 37 38 may, his her the at OF 39 ept eR, prepose a speeifiG use eF ranges ef uses permitted IJRdeF 40 SUGh 41 a be restrio+ed +e the a ed i of nn„ n ed appIiG@tiGR shall 42 +inn to the er raRge uses. a ,ed i F@Rge of i shall i ibmit +al of a addi 43 appI ioation for 44 GF require the suhieo+ n erty (Ng) abeve may be waived by 3 affirmative 45 of the Rnard of Yet GG (`nmmissinners ..,,hens ,eh ae +inn is deemed n y +e in ictioe 46 Rty r.r to fnr.ili +ate then r development of (`EAker CO ppeveRt 47 Rty 48 FemaiR iR fE)FGe fer 3 frem the date E)f approval has valid alrd 49 years uriless GGRStFHc4OE)R 50 51 232 I:Wdmin Code 20121Current Work \Administrative Code LDC Amendment 091013 for BCC.docx 1 Comment [C516]: Relocated to LDC section 10.02.08- the rezoning section. Text underlined is new text to be added. T....1 : L.VL.... ..4. is .. i....� i pr rpincated Bold text indicates a defined term 1 SPP, iS Gf RG fGFGe GF effept� he..,e.,er, 1 a., enetmept to the CrID may he a eet n . 2 i LJ the p+,-„ date, h:ph alln_.e the QrID as _.. et _Rde to r_ valid fnr fir 3 4 5 haS GeMmenGed the approval teFFq will be deterMiRed by the PFOV'S'ORS Of Be 6 10.02.0 8 9 10 11 12 iRfepmatiGR b, reptIR otherwise apt'"ely pursue the r 13 aMeRdMeRt GF -ha e.n fn a per ne4 of F ME)Rths n.n pl:e•a+ipn deemed "eln_erl" Will not '9A2 Comment [C517]: Deleted from this section. Time frames for SDPs are located in LDC section 10.02.03. 080613 14 FeGeive fulthn ^ __ - ^ net shall be .:theJFaWR. An pnl'nat'nn rin_ed" thrn nh 15 16 17 d" StatUS f a pe,t't'pp An pl'Ga+'np deemed "pinoed" Fn ay her epeRed-by 18 19 20 GUFFeRt Gede. _ _ - Comment [C518]: Relocated to LDC section 21 i n I* abPWt„ nli a-p-plirations , s fe,.- . ..hethe , hm:tted hefe,re Ar after 10.02.08 -the rezoning section. 22 L ne 26 2003 Shall p pl.e With the n time ned r Set forth in thin 23 . 24 # # # # # # # # # # # # # 25 233 I:Wdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. a na r Bold text indicates a defined term A , ' inistr tive Code/ LDC Amendment Overview Admin Code Section Throughout Admin Code and Chapter 8 and Title: LDC Notice Section: N/A LDC Changes: 10.03.06 • New section that identifies the specific requirements for public notice for each land use petition type. • Relocated 10.03.05 public notice details to new 10.03.06. Revised: 6/6/13 CC 2 110.03.06 1 Public Notice and Required Hearings for Land Use Petitions 3 This section shall establish the requirements for public hearings and public notices This section 4 shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 5 Code, which further establishes the public notice procedures for land use petitions 6 7 A. Ordinance or resolution that is initiated by County or a private entity which does not 8 change the zoning atlas or actual list of uses in a zoning category but does affect the 9 use of land including but not limited to land development code regulations as defined 10 in F.S. & 163.3202, regardless of the percentage of the land affected This is commonly 11 referred to as a LDC amendment. 12 1 The following advertised public hearings are required: 13 a. One Planning Commission hearing. 14 b. One BCC hearing. 15 2. The following notice procedures are required: 16 a Newspaper Advertisement prior to each advertised public hearing in 17 accordance with F.S. X125.66. 18 B. Ordinance or resolution for a rezoning a PUD amendment or a conditional use For 19 minor conditional use notice requirements see 10.03 06 C below and for County 20 initiated rezonings, see 10.03.06 K.: 21 1 The following advertised public hearings are required: 22 a. One Planning Commission hearing. 23 b. One BCC hearing. 24 2. The following notice procedures are required: 25 a. A NIM. See LDC section 10. 03.05 A. 26 b. Mailed Notice prior to the first advertised public hearing_. 27 C. Newspaper Advertisement prior to each advertised public hearing in 28 accordance with F.S. X125.66. 29 d. Postin of a sin prior to the first advertised public hearing. 30 0. For a rezoning or a PUD amendment the County shall notify by mail each 31 owner within the area covered by the ordinance or resolution of the time 32 place, and location of the public hearing before the BCC. 33 C. Ordinance or resolution for a minor conditional use. 34 1. The following advertised public hearings are required: 35 a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, 36 then pursuant to 10.03.06 B. 37 2._ The following notice procedures are required: 38 a. A NIM. See LDC section 10. 03.05 A. 39 b. Mailed Notice prior to the advertised public hearing. 40 C. Newspaper Advertisement prior to the advertised public hearing 41 e. Posting of a sign prior to the advertised public hearing. 234 1:1Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 9A2 Comment [C519]: This section has been completely rewritten and reorganized from the prior 10.03.05 - Comment [C520]: From 10.03.05 B.14 Text underlined is new text to be added. And i tie na.., .. _ a� , = Bold text indicates a defined term 1 D. Ordinance or resolution for a PUD extension, conditional use extension, or conditional 2 use re- review: 3 1. The following advertised public hearings are required: 4 a. One BZA or Hearing Examiner hearing. 5 2. The following notice procedures are required: 6 a. Mailed Notice prior to the advertised public hearing. 7 b Newspaper Advertisement prior to the advertised public hearing. 8 c Posting of a sign prior to the advertised public hearing. Signage is not 9 required for a conditional use re- review. 10 E. Ordinance or resolution for comprehensive plan amendments: 11 1. The following advertised public hearings are required: 12 a. One or more Planning Commission hearings pursuant to F.S. Chapter 13 163. 14 b. One or more BCC hearings pursuant to F.S. Chapter 163. 15 2. The following notice procedures are required: 16 a. Small scale amendments: 17 i. A NIM which shall be held after the first set of staff review 18 comments have been issued and prior to the Planning 19 Commission hearing. 20 ii. Mailed Notice prior to the advertised Planning Commission 21 hearing. 22 iii. Newspaper Advertisement prior to each advertised public hearing. 23 iv. Posting of a sign prior to the advertised Planning Commission 24 hearing. 25 Mailed Notice shall be sent to each real property owner within the 26 area covered by the proposed plan amendment prior to the 27 advertised BCC public hearing.) 28 b. Regular scale amendments: 29 i. A NIM, which shall be held after the first set of staff review 30 comments have been issued and prior to the Planning 31 Commission adoption hearing for a site specific amendment. 32 ii. Mailed Notice prior to the advertised Planning Commission 33 hearing for a site specific amendment. 34 iii. Newspaper Advertisement prior to each advertised public hearing. 35 iv. Posting of a sign prior to the advertised Planning Commission 36 hearing for a site specific amendment. 37 N. Mailed Notice shall be sent to each real property owner within the 38 area covered by the proposed plan amendment prior to the 39 advertised BCC public hearing.) 40 F. Ordinance or resolution for a variance or a sign variance: 41 1. The following advertised public hearings are required: 42 a. One Planning Commission or Hearing Examiner hearing. 43 b. If heard by the Planning Commission, one BZA hearing. 44 2. The following notice procedures are required: 45 a. Mailed Notice shall be sent to property owners within 150 feet of the area 46 covered by the ordinance or resolution prior to the first advertised public 47 hearing. 48 b. Newspaper Advertisement prior to each advertised public hearing. 49 C. Posting of a sign prior to the first advertised public hearing. 50 G. Ordinance or resolution for a parking exemption, pursuant to LDC section 4.05.02: 51 1. The following advertised public hearinq is reauired: 235 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx ' 9A2 Comment [C521]: Note: This was previously a F.S. requirement, however it is no longer required by F.S. Comment [C522]: Note: This was previously a F.S. requirement, however it is no longer required by F.S. rI , Text underlined is new text to be added. Text stFikethFaugh deleted ftnm I PC strntive Code OF FPI.fqqLd Bold text indicates a defined term 1 a. One BZA or Hearing Examiner hearing. 2 2. The following notice procedures are required: 3 a. A NIM. See LDC section 10.03.05 A. 4 b. Mailed Notice shall be sent to property owners within 150 feet of the 5 subject site prior to the advertised public hearing. 6 C. Newspaper Advertisement prior to the advertised public hearing 7 H. Ordinance or resolution for a PUD Insubstantial Change (PDI) or Boat Dock Facility 8 Extension, Boathouse Establishment. or Boat Dock Canopy Deviation: 9 1. The following advertised public hearings are required: 10 a. One Planning Commission or Hearing Examiner hearing 11 2. The following notice procedures are required: 12 a. Mailed Notice prior to the advertised public hearing 13 b. Newspaper Advertisement prior to the advertised public hearing 14 C. Posting of a sign prior to the advertised public hearing 15 I. Ordinance or resolution for the establishment, amendment to or abandonment of a 16 Development of Regional Impact (DRI): 17 1. The following advertised public hearings are required: 18 a. One Planning Commission hearing 19 b. One BCC hearing. 20 2. The following notice procedures are required: 21 a. In accordance with F.S. §380.06 and the Florida Administrative Code. 22 J. Ordinance or resolution that is initiated by the BCC and will change the zoning map 23 designation of less than 10 contiguous acres of land. This is commonly referred to as a 24 rezone. 25 1. The following advertised public hearings are required: 26 a. One Planning Commission hearing. 27 b. One BCC hearing. 28 2. The following notice procedures are required: 29 a. Mailed Notice prior to the first advertised public hearing. 30 b. Newspaper Advertisement prior to each advertised public hearing. The 31 advertisement for the Planning Commission hearing shall include a 32 project location map. 33 C. Posting of a sign prior to the first advertised public hearing 34 d. The County shall notify by mail each owner within the area covered by the 35 ordinance or resolution of the time, place, and location of the public 36 hearings before the BCC. 37 K. Ordinance or resolution that is initiated by the BCC and will change the zoning map 38 designation of more than 10 contiguous acres of land or more or an ordinance or 39 resolution that will change the actual list of permitted conditional, or prohibited uses of 40 land within a zoning category. This is commonly referred to as a rezone or LDC 41 amendment: 42 1. The following advertised public hearings are required: 43 a. At least one Planning Commission hearing. The Planning Commission 44 may elect by a majority decision to hear such ordinance or resolution at 45 two public hearings. If there is only one Planning Commission hearing, 46 the hearing shall be held after 5:00 p.m. on a weekday, and if there are 47 two Planning Commission hearings, then at least one of the hearings 48 shall be held after 5:00 p.m. on a weekday 49 b. At least two BCC hearings. At least one hearing shall be held after 5:00 50 p.m. on a weekday, unless the BCC by a majority vote plus one vote 51 elects to conduct that hearing at another time of day. 236 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx '9A2 Text underlined is new text to be added. Bold text indicates a defined term 1 2. The following notice procedures are required: 2 a. Newspaper Advertisement prior to Planning Commission hearing 3 including a project location map. 4 i The first Planning Commission hearing shall be held 5 approximately seven days after the day that the first 6 advertisement is published. The second hearing will be held 7 approximately two weeks after the first hearing and shall be 8 advertised approximately five days prior to the public hearing. The 9 day, time, and place of a second public hearing shall be 10 announced at the first public hearing. 11 b. Newspaper Advertisement prior to the BCC hearings in accordance with 12 FS § 125.66 (4) including a project location map. 13 i. In lieu of the newspaper advertisement, the BCC may mail a 14 written notice to property owners within the area covered by the 15 ordinance or resolution. The notice shall include the time, place 16 and location of both the public hearings before the BCC. 17 ii. The first BCC hearing shall be held at least seven days after the 18 first advertisement is published. The second hearing shall be held 19 at least ten days after the first hearing and shall be advertised at 20 least five days prior to the public hearing. 21 L Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 22 1. The following advertised public hearings are required: 23 a. One BCC hearing. 24 2. The following notice procedures are required: 25 a Newspaper Advertisement prior to the advertised public hearing pursuant 26 to LDC section 4.08.06 E.1. 27 M Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendments: 28 1 The following advertised public hearings are required, except for minor 29 amendments per LDC section 4.08.07: 30 a. One EAC hearing if required, pursuant to LDC section 4.08.07 F. 31 b One Planning Commission hearing pursuant to LDC section 4.08.07. 32 C. One BCC hearing pursuant to LDC section 4.08.07. 33 2. The following notice procedures are required: 34 An optional NIM. See LDC section 10.03.05 A. _ _ _ _ _ _ _ - comment [c523]: New language. 35 b. Newspaper Advertisement prior to each advertised public hearing 36 pursuant to LDC section 4.08.06 F. 37 N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district 38 overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding 39 administrative approval, pursuant to LDC section 10.02.15: 40 1. The followinq advertised public hearings are required: 41 a. One Planning Commission hearing. 42 b. One BCC hearing. 43 2. The following notice procedures are required. 44 a. A NIM. See LDC section 10.03.05 A. 45 b. Mailed Notice prior to the first advertised public hearing. 46 C. Newspaper Advertisement prior to each advertised public hearing. 47 e. Posting of a sign prior to the first advertised public hearing. 48 OG 6ffirmation or approval of a Zoning Verification Letter that allows a new use that is _ _ - comment [c524]: New language 49 Comparable. Compatible, and consistent within a PUD. 50 1. The following advertised public hearings are required: 51 a. One BCC or Hearing Examiner hearing. 237 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx 6WII'L Text underlined is new text to be added. Bold text indicates a defined term 1 2. The following notice procedures are required: 2 a. Newspaper Advertisement prior to the advertised public hearing in 3 accordance with F.S. §125.66. 4 P. Official Interpretations, pursuant to LDC section 1.06.00 5 1. The following notice procedures are required for the interpretation of county wide 6 application of the Growth Management Plan, Land Development Code and the 7 building code: 8 a. Newspaper Advertisement. 9 2. The following notice procedures are required for the interpretation affecting a 10 specific parcel of land. 11 a. Notification of affected property owner. Where a site specific official 12 interpretation has been requested by a party other than the property 13 owner, the County shall notify the property owner that an official 14 interpretation has been requested. 15 b. For site specific official interpretations Mailed Notice shall be sent to 16 property owners within 300 feet of the property lines of the land for which 17 the interpretation is requested. 18 C. Newspaper Advertisement. 19 Q. Appeal of an Official Interpretation pursuant to LDC section 1.06.00. 20 1. The following advertised public hearings are required: 21 a. One BZA or Hearing Examiner hearing. 22 2. The following notice procedures are required: 23 a. Newspaper Advertisement prior to the advertised public hearing in 24 accordance with F. S. § 125.66. 25 IR. Site Plan with Deviations for Redevelopment pursuant to LDC section 10.02.03 F _ , comment fcsisf: New language 26 1. The following advertised public hearings are required: 27 a. One Planning Commission or Hearing Examiner hearing. 28 b. If heard by the Planning Commission, one BZA hearing. 29 2. The following notice procedures are required: 30 a. Newspaper Advertisement prior to the advertised public hearing in 31 accordance with F. S. § 125.66. 32 b. Mailed Notice prior to the advertised public hearing. 33 S. Post Take Plan, pursuant to LDC section 9.03.07 D. 34 1. The following notice procedures are required: 35 a. Mailed Notice. Additional Mailed Notice details are established in LDC 36 9.03.07 D.3.b. 37 b. If a Planning Commission or Hearing Examiner hearing is required. a 38 Newspaper Advertisement prior to the advertised public hearing. 39 2. The following advertised public hearings may be required: 40 a. If a written objection is received. one Planning Commission or Hearing 41 Examiner hearing. 42 b. If a hearing is held, a Newspaper Advertisement prior to the advertised 43 public hearing. 44 T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC 45 section 10.02.13 E.3.c. 46 1. The following notice procedures are required: 47 a. Mailed Notice. 48 b. If a BCC or Hearing Examiner hearing is required, a Newspaper 49 Advertisement prior to the advertised public hearing. 50 2. The following advertised public hearings may be required: 51 a. If a written objection is received. one BCC or Hearing Examiner hearing. 238 I:kAdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9A2 Text underlined is new text to be added. .. reIO_ated to the .._......._t __. Code _.._..___ Bold text indicates a defined term 1 U. Automobile Service Station Waiver pursuant to 5.05.05, Alcohol Beverage Distance 2 Waiver pursuant to 5.05.01 and Nonconforming Use Change pursuant to 9.03.02 D. 3 1. The following advertised public hearings are required: 4 a. One BZA or Hearing Examiner hearing. 5 2. The following notice procedures are required: 6 a. Newspaper Advertisement prior to the advertised public hearing. 7 # # # # # # # # # # # # 239 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Yj Text underlined is new text to be added. na r B01d text indicates a defined term Administrative Code Reference Admin Code Ch. 3 B. (1 -3) Conditional Uses- Permit, Extension, Re- Review Chapter/Section: LDC Notice 10.03.06 B and C Section LDC Notes: 10.08.00: • Application Contents moved to the Admin Code • Reorganized section for order of work/review • Added language to clarify the findings of the BZA are the same as the CCPC. Revision: 6/7/13 CC 3 10.08.00 Conditional Uses Procedures 4 A. General. A conditional use is a use that would not be appropriate generally or without 5 restriction throughout a particular zoning district or classification, but which, if controlled 6 as to number, area, location, or relation to the neighborhood, would promote the public 7 health, safety, welfare, morals, order, comfort, convenience, appearance, or the general 8 welfare. Such uses may be permissible in a zoning district as a conditional use if 9 specific provision for such conditional use is made in the LDC. +wag Gede- All 10 petitions for conditional uses shall be considered first by the Planning Commission in 11 the manner herein set out. Decisions regarding conditional uses shall be quasijudicial 12 in nature. 13 B. Applicability. Conditional use approval is required before the construction or 14 establishment of a conditional use. 15 [Q. Application.. he Administrative Code shall establish the submittal requirements for a 16 conditional use application. 17 1. Conditional use application processing timed An application for a conditional 18 use will be considered "open," when the determination of "sufficiency" has been 19 made and the application is assigned a petition processing number An 20 application for a conditional use will be considered 'closed" when the applicant 21 withdraws the subject application through written notice or ceases to supply 22 necessary information to continue processing or otherwise actively pursue the 23 conditional use, for a period of 6 months An application deemed "closed" will 24 not receive further processing and shall be withdrawn and an application "closed" 25 through inactivitv shall be deemed withdrawn. The Planning and Zoning 26 Department will notify the applicant of closure by certified mail return receipt 27 requested: however, failure to notify by the County shall not eliminate the 28 "closed" status of a petition. An application deemed 'closed" may be re- opened 29 by submitting a new application repayment of all application fees and granting of 30 a determination of "sufficiency." Further review of the request will be subject to 31 the then current LDC. 32 33 MaR@geF or his designee iRdiG@t'Rg the basis iR this ZGRiRg Cede URde,r Wh Ch the 34 35 PaFtiG61laF FefeFeRGe te the types E)f fiRd RgS WhiGh the Board Gf ZGR Rg Appeals must 36 make uRdeF seGtiOR 40.08.00 D. below. The petition shayid RGILIde material ReGessaF�, 37 38 39 240 1AAdmin Code 20121Current WorkWdministrative Code LDC Amendment 091013 for BCC.docx 9A2 F7 Comment [C526]: In place of 10.08.00 b Comment [C5271- From former K 9A2, I:Wdmin Code 2012 \Current Work \Administrative Code LDC Amendment 091013 for BCC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 lanament of c +r_ of the r, nerta f^.r ingress and `ed _r_ _ OR _ - .......° 5 and off loading areas, refuse and se egress, Gff street parking street -.G- -_ea-s, 6 The GGRGeptual site deVe'GpMeR and required yards and ether GpeR spaces. 7 hall be in lie of eliminate then fnr, a site Ae,,elonmen+ plan plan net RGF need under seatien 10.02.03, as appliGabie. 9 L Plans shGW n ed Iona +Inns fnr 41 ti es 10 3. Plans fGF buffering With refe + e type dimens;nns nd __. _ _... o and _. -_ _ as _.._ _.. _ 11 oha aGtet° 12 4. D Ian As oa n' n . for trees nroteo te d by r R ty r , la +isms `e,ed and _ -- _ -_-s 13 a 5. D d lgh+ iRGlUdiRg tin d•n; A oha a+ r. ` -A signs _ _ - 14 6. Deve n +s shall identify, nrr, +or+ r and appr nr sigh, native _ _ -- 15 +.o habitat. Habitats their boundaries shall vegetative ,,,,,,N.., and wildlife and 16 ahatonranh +he nrnnerty e.f at leas+ ^n+,fie d n,, be ,ed a _w..ent aerial of at a _halo 17 iRGh Ann feet. I-lah +at ideRt'f'na +'o shall be GE)RSiSteRt'N;th the Ghrida equals 18 19 20 shall taken nede photograph's yidenne_ truthirig surveys .__ ever 21 a 7. Where, this Ze�n;nn Gode planes additional r n p -re rneR + nn s if;c neaa _ nA: +.anal 22 shall Aemenstrate that Fequ eats a met. the uses, petit Grier such 23 (adhere the r of I @Rd of aar,.d �t eRal use, is requested as well as grant 24 fnr the of land! both said rRay be simultaneously same parGel PetitiE)RS 25 +h then (Deed. des set forth f%°°. in PFGGessed GGRG rFeritI aGGE)rdaRGe .: ....,e 26 1 n nn na and this sea+ian _ - Comment [C528]: Moved to the Admin Code 27 G. 28 7nn,nn Anneals shall he r pFGyided fe.r seat;on R ah the R.)a A Unde of a 29 that the te the Board GGHRty GE)MMiss E)Rers shall apply te the PFeViSiGRS applieable Of 30 � "e Board of Zoning Anneals All testimony given shall he nder oath and the aot'enn by the , - Comment [C529]: Provided in new Notice 31 _ _ _ ' _ ` in nature. section 10.03.06 32 n AA + apany the Q2,e�d E. must be met. r� e Fe ,ts erseetiea Comment [C530]: As noted in 10.08.00 A 33 D. - _ Findings. - above - quasi - judicial process 34 ef Zeriirig Appeals, !the Planning Commission shall make a (recommendation of Comment [C531]: This reference is not 35 approval approval with conditions, or denial of the conditional use to the Board of applicable. 36 Zoning Appeals. The Plannina Commission's recommendation of approval or approval 37 with conditions shall ind" that the granting of the conditional use will not adversely_ _ - comment [C532]: New language 38 affect the public interest and that the any specific requirements 9GVeFRORg 39 pertaining � conditional use, if any, have been met by the petitioner_ and 40 #Further, that satisfactory provision and arrangement has been made sensern+ng for the 41 following matters, where applicable: 42 1. Consistency with the LDC this Bede and growth management plan. 43 2. Ingress and egress to property and proposed structures thereon with particular 44 reference to automotive and pedestrian safety and convenience, traffic flow and 45 control, and access in case of fire or catastrophe. 46 3. The effect the conditional use would have on neighboring properties in relation 47 to noise, glare, economic or odor effects. 48 4. Compatibility with adjacent properties and other property in the district. 49 E. Planning Commission actions. Gendgions and safegivaFels. 50 1. Conditions and safeguards. In recommending approval of any conditional use, 51 the Planning Commission may also recommend appropriate conditions and 241 I:Wdmin Code 2012 \Current Work \Administrative Code LDC Amendment 091013 for BCC.docx 9A2 n 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 - Comment [C536]: From previous 10.08.00 H 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 1 I he Board of Zoning Appeals shall approve by resolution, or deny a petition for a__ _ - Comment [C537]: New language. To be conditional use. The approval of a conditional use petition shall require 4 consistent with the same findings as the CCPC 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 br those factors that may be _ _ _ - Comment [C538]: Change in language applicable to the action of denial and the particular regulations relating to the - "such of them as may be applicable" specific conditional use requested, if any. G. Expiration and re- review. _ , - comment [C539]: updated with ord. 2012 -38 1. Aay conditional use shall expire 5 years from the date of a royal e€- great, if by amendments that date the use for which the conditional use was granted has not been commenced. 2. Any 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 bv request of the applicant. H. Public facility dedica - tion. -- - -- - -- ----- --------------------------- 1. . 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 242 I:\Hdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C540]: New language. Text underlined is new text to be added. d FniniStFative Cade OF revised Bold text indicates a defined term 1 safeguards in conformity with the LDC. thisZGRiR9 GGde- Violation of such 2 conditions and safeguards, which are made a part of the terms under which the 3 conditional use is granted, shall be deemed a violation of the LDC. this Zea+R9 4 Ssde. 5 Denial by the Planning Commission If the Planning Commission shall _ - Comment [c533]: From previous 10 .08 .00 F 6 _ recommend denial of a conditional use it shall state fully in-its-re-co-rd- its reason 7 for doing so. Such reasons shall take into account the factors stated in section 8 10.08.00 D. above for those factors that may be applicable to the action of denial - comment [C534]: Change in language from 9 and the particular regulations relating to the specific conditional use requested - "such of them as may be applicable" 10 If any. 11 Status of Planning Commission report and recommendations The report and - comment [C535]: From previous 10.08.00 G 12 recommendations of the Planning Commission required above shall be advisory 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 - Comment [C536]: From previous 10.08.00 H 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 1 I he Board of Zoning Appeals shall approve by resolution, or deny a petition for a__ _ - Comment [C537]: New language. To be conditional use. The approval of a conditional use petition shall require 4 consistent with the same findings as the CCPC 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 br those factors that may be _ _ _ - Comment [C538]: Change in language applicable to the action of denial and the particular regulations relating to the - "such of them as may be applicable" specific conditional use requested, if any. G. Expiration and re- review. _ , - comment [C539]: updated with ord. 2012 -38 1. Aay conditional use shall expire 5 years from the date of a royal e€- great, if by amendments that date the use for which the conditional use was granted has not been commenced. 2. Any 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 bv request of the applicant. H. Public facility dedica - tion. -- - -- - -- ----- --------------------------- 1. . 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 242 I:\Hdmin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx Comment [C540]: New language. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 9A2 Text underlined is new text to be added. Bold text indicates a defined term 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. 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. Mate fully in it6 FeGGFd its reason fer deiRg 60. SUGh FeaseR6 shall takP_i.R4A_ _;;GG=eURt the Fequested, if a%- kd ❑ .a f aeRing appeals t; e.n oi, Fo ert i �. , .o o f f the - -- _ -- Comment [C541]: Moved to E above. I. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. J. Changes and amendments. The County Manager or Ns 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 243 I:\Admin Code 2012 \Current Work\Administrative Code LDC Amendment 091013 for BCC.docx F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9A2 Text underlined is new text to be added. and i de, AF Fe,,iqpd Bold text indicates a defined term the conditional use application shall require the submission, review, and approval of a new conditional use application. I. Conditional - - Comment [C542]: Moved above under be sidereal " pen her, the .deter nnF'n Elf d ff' - - - „ -ha been - - - made - -,- +h - Application use ,dll be .� oi.inre.+ °r'Ast- ' IA ;hnn +he ne +' +'n .d +h.d r., the h' + -+ I' .,+' anelisatien deemed "nlesed __r l AAt rerei.c f -Fther PFGG866iRg aR d shall be withdrawn Fn ..___ dep orF.meRt Will the v Nnlin —ant of nlesure M. ner+'ff d -'I retuPR F ec +n.d hn. r f1'14re Fe netmfy by the Geunty shall Rot I' at the ” I d" + F ffie Further of the c+ M! be b:eGt to the the nt Ge d.. lane 26 2003, shell n Ply with then n time n ned + f Fth OR spr#iAR 1.0.08.00 K. abeye. PFeViSieRS of this er. +'n Sudh. uses must G ply with the n pf seGtiGR F2 If2fReRtS. i Comment [C543]: Removed. Duplicative of # # # # # # # # # # # # # i section 10.08.00H, above 244 I:Wdmin Code 2012 \Current Work\,4dministrative Code LDC Amendment 091013 for BCC.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Text underlined is new text to be added. Bold text indicates a defined term DIVISION 2. -ADMINISTRATIVE CODE 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 provision, as will be any procedures for the drafting and review of such provisions prior to their adoption. (Ord. No. 2004 -66, § 2) Sec. 2 -11. - Amendment of Administrative Code. Updatinq Collier County and State of Florida contact information, website links, Growth Management Division's organizational structure or department titles, may be done administratively by the County Manager or designee. Typographical /Scrivener's errors corrections which do not affect the intent of the Administrative Code's provisions may be authorized by the County 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. (Ord. No. 2004 -66, § 2) Sec. 2 -12. - Form of Administrative Code. All provisions of the Administrative Code are to be published ea in a form as determined by the County Manager or designee. si+ to that set forth in Cvh�h"# A bolo. hAdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec SUmm for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 9 A 2 Text underlined is new text to be added. ;P8114 08 be FGP88'Bd BF dBIOW4, Bold text indicates a defined term 2 IcilSec. 2 -13. Reserved Fees Relating to Land Development.iC21 3 4 (a) Establishment of schedule of fees, costs and other charges. 5 6 The board of county commissioners will, from time to time as deemed necessary establish and 7 adopt a schedule of fees and charges for application and document processing public 8 meetings public hearings and other meetings and hearings transcripts approvals denials 9 development permits, development orders development, construction interpretations 10 enforcement, inspection services, sales of documents review, resubmission, and any other 11 zoning or development related services, and any other services provided or costs incurred by or 12 on behalf of the county as specific in this administrative code. 13 14 (b) Maintenance and amendment of schedule. 15 16 The schedule of fees, costs and other charges shall be maintained in the county manager's 17 office and shall be available for public inspection during normal business hours. Additional 18 copies or part or all of the schedule of fees, costs and other charges may be maintained in 19 other appropriate county departments. The schedule of fees, costs and other charges may be 20 amended, modified or otherwise changed in accordance with the procedures of this 21 administrative code. 22 23 24 (c) Payment of fees, costs, and other charges. 25 26 The appropriate fees, costs, and other charges specified in the schedule of fees, costs and 27 other charges must be submitted with, and paid at the time of initial application submission or 28 other initial document submission except as otherwise specified in this administrative code or 29 the schedule of fees, costs, and other charges. 30 31 The applicant, or if no applicant, the person requesting the county service document, or other 32 item, will be responsible for the payment of all fees, costs and other charges except as 33 expressly provided otherwise in this administrative code or the schedule of fees, costs and other 34 charges. The fees, costs, and other charges specified in the schedule of fees and costs and 35 other charges will be twice the amount listed for petitions or requests applied for or on approval 36 after - the -fact, with the exception of minor after - the -fact yard encroachment requests. Until the 37 applicable fees, costs, and other charges have been paid in full no action or activity of any type 38 or kind will be taken on any other pending application, petition, or request. The provisions 39 contained in this section do not apply to any impact fee regulations. 40 41 �vu 42 Af1�Al �IICTOATII /C / /1IlC C/l� CCCC 43 6--ta-blesh—e-4 of sehadule of 44 The bawd of sabinly will; fF@FR ';m-- in- deamed Ageass 45 46 , 2 I:Wdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amend ments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 Text underlined is new text to be added I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amend mentsWttachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx Text underlined is new text to be added Bold text indicates a defined term 1 Vie- 2 3 4 faAewiRg. 5 1. AP —Pecs. Aeee.ss to lots .".4 Wn .. subdivision shall be � designed to o plish a s +e- 6 the lets by use A-f Streets. AGGeSS W resideRt al lots must be iR aer-ordaRGe with 7 8 the p bl'e right of : ". as set fGFth in v"dina lGe Ne 93 63 as c..,,..:Rded 9 10 feet apu "h . /teeess n+c to nl aGGess nrds st he .'.deal .;th 11 . 12 When rde uhle frontage Into a _ emend .,jaGen+ to a Geller. ter eF "r+ al + + 13 and a If_3F_.,ol street they St free+ nn the lee-,I c+ree+ '.%'h 'eh .";ll id + aGGess 14 said let GGe s to the let ,.•"" Ret be re„',ded by meaRS of the .. II + 15 nrte a' o +r e+ I __ 4 Gases, the In+ ,,i F L ff ! d h n _ let . __ buff_ __ __ ....,_iFed ._._..,...__...,., 16 17 GG.mprehensive plan, when implemented, will supersede this seet+o„ e-Fe .^!h° I^ nt^ + + t , ;th the t, applicable. a����� o� � �� a� � nog ce^.srs�erR��- ors -a«S., 19 ,, aR emen± el G a Fate Gity alysis will be Fed G 20 ideRtify GapaGity impaGts and apprepFiate mitigation. 21 22 parcels which are separated by GGFRMGR arkiRg area e ther GGFnFRE)R area, 23 semefimes referred to as eutpaF%16 ", "an6hef stere parcels", er "fee simple 24 f otprint parcels", er an integrated -phased develepmeRtr as defiRed ja seEtieR 25 1.98.00 of the Land DevelepmeRt Cede, aGGess will he eate,d thre „+ n 26 internal aGGeGS PFE)ViSiGR dec ~rented OR the final subdivision - plat.. ''RteH4a4 27 28 29 tracts, er the life, e Will ^leer'., n ^and n r.'fGaily '.dentify + ms' he a t aad 30 servient esta te el„ed and the sGape and d at'e of r.h iRteFRal aGses 31 prev+s+er� 32 [C6}2-.A9eys[C7]. Inrd lustr a!, ..,,,,,,"_,al and reside^tal alley aleRey the Fear lot lanes must 33 have aR alley P--R'-;P-.rAP-.At at least 24 feet wde GGRtaiRIRg a vehiGular pave ...... t A d " I 34 of at least ter, Feet 35 a The alley edge of r ent must he a minirnu.m. of 15 feet .,.,rd be 36 ,deoier,erd fr.r the n in +e rdesig eh'r.le 37 b. Alley grades must RGt exceed We peFGent GF be less t aR ^ � perceRt. 38 c All alleys en+erd must hn e,d AM maintaiAPPI by erty 39 n + ion e similar 7 d ether nn++„ and I he cn de ' l to nn the f'nol plat. 40 i3. &qee:E$--jC8]The length width nerd shape of hloPLc Are +e he .de+erm'.,e.d with d 41 regard te= 42 a. 7oning r eats as +e let size .,,d .dimeRSie.,c 43 b. Need for convenient aGGe6 , c;rcalate^, entrel nr„d safety ef vehIcUar and 44 pedestFiaR tFaf# n 45 G. Limitat E)Rs and er,r,eFt +'es of tonenrnnh" jRGIHd e all natural a ^'d reser ed 46 fend it s ; d e.n +i f. end 47 48 49 the- -arid DevelepmeRt Gede. Traffir--. Ga.'M Rg dev Ges, as aPPFGved iR the I:Wdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 Text underlined is new text to be added lAAdmin Code 2012 \13CC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx R. Text underlined is new text to be added. r a 3W@k iS 19 b8 Bold text indicates a defined term 1 2 D'"'v'eii icir ova"t to the GGRddltlens In seetlen 19 02 84 of thezarrd 3 Deve'GPFneRt Code. 4 5 6 of the o eRt 'n f the + feet FR*RiMUM 'll be determined h d 7 8 9 10 i VVhare andergreend drainage °tFuGtw + ^II a the + kd +h 11 12 of d stem. ist . I. in said + be I than 1 - 13 14 15 16 GaRals wata'Go6lrror water bodies, streams, drainagewaTS, shannels, 17 ' 18 drainage easemeRt rd adjeiRiRg mainteRaRlGeiaGlSess + illh 19 9r9Vlded WEN& nfO bstaRteall.. to the I' f h + 20 21 to seetien io-42.24 of. the Land Develepment —Cede. Ma*RteRanGe and 22 t, fAr thkM nr davPlnMrnMn+ f 1AAdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec SUmm for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 4r •' Text underlined is new text to be added. Bold text indicates a defined term i- i The he- ,polaries of all r red- easements must be edimensioned! on the final be-0vis.. plat Aern 'reed nrnton +erd Mr a+ be identified as PV rate +ran +s n easemeRtS having a c to them from a platted Fight Of - 5 way. AIG iRdiyi,dual residential n GGmFneFGial let G paFGel lines m pFejeGt 6 iato 4 efn�:hep platted — a s -U —tFast. if the p Gtested/;se^:�- -ea—�s 7 ,de +ermined- +e he ii isd-i GtiGnal in nafi ire erifiea+ien m is+ hen vid-ed- whiGh 8 9 d- ,., etate Gr feeral G s having i isd-iGtiGn an,d hen plieable p an4 10 to the r en +s aped PFBVOGieRS eF the n eyAh m ent plan All 11 Fequired a en +s er tracts fer preteG + ed- /preserve a will be ,de4Gate d 12 and a-se establish the p mit+eed umses fnr saA a ent /s\ aped /er tra G +G e 13 14 15 mainteRanee FeSPORsibili...ties. AR t whe wishes to set —aside- 16 17 te be en the pre!*M*RaFy subdivisien plat and final subdivise 18 plats, 9F nh, 9R the final subdiV6609R plat if the pliG nt GhG e+ +n 19 submit the optional pl:eliM'Rap� subdivisieR plat, Fnay do so by grant oF 20 . 21 lmpf;%r -- me"Ian C14] 22 23 nt -and- a iGting fa Ginties ned the pmposed easement aped the n eed 24 25 the heLdnr of the a ep+ /s\ s u ltaneeusle with its subM066wGR +e the G .p+., 26 I. Thp r apol a al of i en+ plays Anus net au dherize the 27 28 . 29 30 Lain 31 Fer t I Fey he6lF the a +inn of the fire Faa;,; m. is rred�,-- ar�east��rs��sarTeF}t�eserFk;, 32 33 34 35 . 36 a. HydFaRts be ne, +ane.d and plaGeed the GBMPIY'Rg with 37 ep +s set feFth in the lame•+ ed-iFnn of NFIRA Ale 24 entitled "Standard- fnr 38 {he of o.,rate Fort, Rewmep n inB And ThAiF App Fte es 39 Pub"she.d by the Wa+innal Fire DretnGAnn AssGGiatiGp Hy dran +s to he ns +alle J 40 .vithin subdivided In +s for fire pro+eGRnn PUFPAqLzq will he ev l gated- ddb lripg +he 41 si te development plan review reed i eG+ien 10 02 03 of +he 42 6and Development e . Those mast Gem pl. yAth the stand lard -s 43 set Perth in +he.latest edi+ien of AICDA 1141 entitled "Standard fed Fire Preteetm 44 45 i. R9R941490491 Oeeden al /apd! ede„elGprren+ In n aped twe family land- de"elGpmen +s 46 i +h pe4 m e +hap te.n d..,nllipg u pits n fire hvrdrapts will he s Gedi 47 rG+ g eater than 500 feet apart and Ret m e than 250 feet frem the Genter 48 of a , let in the subd-i"isieR and- must be G eG+ed- +e m G less +hap 49 nohes in d lameter The system must provide G r; t y fnr fire flGw6 of at lAAdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 1AAdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 Text underlined is new text to be added. Bold text indicates a defined term 1 2 i. The analysis will show the i nn+ nn the rn Gsed 6,tomul s true +��_is_o__ Gf +h 3 subdiv;S;o„ r development and existing externally affected streets. she 4 analYSiS will be used te deterre:,;e —the street las if Gat en width ,a 5 number of +roff'o Inner 'nteMal to the development and requireMeRtS any 6 for off site (external) :. mor„em GVeMen +s on the a e. `Stin street system per4he 7 (`nllier ('ei ant., (_re,.dh Management Plan. [C25] 8 Street 4ght Gf way �i�dth. The minimum right ef way widths to be 4lized will be 9 as fellews and, wheFe 10 in appendix B. and Will he d rerr uNN�, +I„ related +e +rafFn velume as iRd'G@ted in the der!n' +e,n of eanh street Continued here in and .her` a t,li Gahl � . Gla d byAhe 12 Gress seGtiens eentained in appendix B. Private street right of , widths pd 13 design may be deteF n d e e n ., ,.,s e by o .,se as 's erdapa ; +h + GR _ bas Foe 14 10.02 nn of +he Land Development rade 15 Street Tyne All S+ree +s (feet) �T VV{dth* LaRe vvidt-t- 4neS 16 N mbeF efof 17 fleet; 18 As determined f„r median nd + n Inpes 4 141 19 20 21 Net& Any r ral a S;i_=GtiGRS ed m require expanded Fight of 22 way widths #e r - ^dd rt neRi i she Ider -;q Pd Swale faGilities. Design to be 23 appreved „ a e by ease basis 24 *If an alley is utilized, the F ght Of 'Nay Width MAU hP FIRIA''Ged upoR appFeVial 25 26 IG . 9eac# ��CV] 27 designed as a GUI de saG. When a stFeet is designed te be e)AeRded when - - 28 29 deGigRed. Guls de sae OR exisess ef 4,000 feet Will Rot be PeFFRkted Unless 30 existing +r.penrophieal nnditiens other natUFal features eel ude ctree+ 31 32 standards of this see+ien and the GG ant., Cire oreteetien Gode r its s 33 n Gede of I n nhapter 58 artiele III the standards of this se..tiep ,.; II 34 +ahe n cede -R-19 35 36 10 hAdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments%ttachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx I de Gas 68 2- 40 eGat 69 2 a 9 Wpm euee ++ r 89 44-4-2- 80-409 2 44-1 18 As determined f„r median nd + n Inpes 4 141 19 20 21 Net& Any r ral a S;i_=GtiGRS ed m require expanded Fight of 22 way widths #e r - ^dd rt neRi i she Ider -;q Pd Swale faGilities. Design to be 23 appreved „ a e by ease basis 24 *If an alley is utilized, the F ght Of 'Nay Width MAU hP FIRIA''Ged upoR appFeVial 25 26 IG . 9eac# ��CV] 27 designed as a GUI de saG. When a stFeet is designed te be e)AeRded when - - 28 29 deGigRed. Guls de sae OR exisess ef 4,000 feet Will Rot be PeFFRkted Unless 30 existing +r.penrophieal nnditiens other natUFal features eel ude ctree+ 31 32 standards of this see+ien and the GG ant., Cire oreteetien Gode r its s 33 n Gede of I n nhapter 58 artiele III the standards of this se..tiep ,.; II 34 +ahe n cede -R-19 35 36 10 hAdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments%ttachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx ♦y [A Text underlined is new text to be added. Bold text indicates a defined term ith;_ 1 do sao, they Fftisf have mi Outside edge af for . [C28] 5 6 vd.de f.,r rdFai.Rage Q orbs will he r e.d at street interoeetir_no -..,.d fer these 7 8 . 9 #h. Inteseerefa radii -gs� 10 11 12 de saG Streets RteFSeGt at less thaR 90 degrees, a radius Gf greatel: thaalp 380 feet 13 may be r Fort Intercor•fieR right of way linos must be n vided 'e.ifh nn lace 14 than o 75 feet ra t' Lis, eF as appreved by the r ntv rnaRageF eF designee. 15 All 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 be Sbi 35 36 oF 11 I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 s Tangent (PA mi-w—) .A .11 AthAF 8 [C32 9 10 so reFted by the neant7 manager er his designee, +" f di 11 12 13 14 15 16 17 and ShGWR 'n the typical Sect'n as 18 I Sub cad° nd should r All h do n.d h... l deFs be tabilize,� y ac o � graa a a SI It>alt7ci' must l7 C- �tcttjitttCti -te 19 a depth of I7 inchpr, Rnd +n the full width n sh the t,'PjGai SeGt ' eR 20 dFaWiRg The stabilized ar °a m st be. free of maek, reets and etN-,F 21 nh'ec +'n ahle mn+er'nl The h nd rl h id t he stabilized 22 rnmpaGted tQ nh +n n +h° m I'm ncL beariRg +' (I =BR) f to I RR 23 @nd at least 98 n en+ of m m d + GleteFMiRed by AASHTQ 24 T-180. if the beaFjRg V@'Ue of the soil is less than that SpeGified, the 25 26 27 28 29 30 31 I Base The base must he n c +e.d I'm ek +r Gte d to the thiGi.._ess 32 SpeGified in the + JY c y nl +' en .dr for the Glass d type of ad to be 33 GGRStFUGted, and must he built +e the r.'f'e.d Width aR d , RteFe d , the 34 subgrade. Li^ G& Used fer the base mast meet the ster�d 35 ec'f'ce +' ens 'Ifor grade 7 I'm ncL °nd m st he ce aGte,d to ebtai„ a 36 least 98 peF n+ rde S + determ e.d h.. A A SHTQ T180 r � 7�a° 37 yens +r� �n+ien Mnd materials of the ti.,°e, must .nfA_rn: te seGtieRs nnn d 39 12e °d °nd Bridge '`n 6 +r e+en (latest editien thereef' Aiternate base 40 f :..rOec +h et meet PDOT spec'Fco+'enc y be 'd d d .d 41 by the c .nty manageF r his desig 42 III. P4i43e. The base must be primed with type RG 70 h'+ Ater' I F 12 I:Wdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 9 A'2 29 GGRStFUGtiGR add fnr in en +inn 30 [C33],i)(. 94ps i .. 31 street Rame nn.t speed limit S All Est he of ., 32 re€lestiue— M.ateriar6eR .ntinn of type aPPFOVed by the nt„ 33 FRaRageF OF his designee. nn„ double sidded street Rame 6igR of e.tandaFd 34 35 interoentinn fnr nnh med street nleGS nthen. doe approved by the 36 GGURty m r his designee n ant +e 16en +inn In n2 nn of the '--;;Rd 37 38 the edge 0. a 39 40 41 Mws# be desigRated OR the GGRGtFUGtiGn plans prior to theip appFaval by the 42 43 Pave ent e."ing 4035 nn nrk ,.eiu he ;A to .,i +h gent�on 71 of 44 45 and Bridge (`e.nc +r. otion (latest edi +inn thereof\ 46 ; A. Atemative 6cpes of n eat base and sebgrade ,ic3s]An a +e types of 47 48 desigRee to be equivalent to those speGified iR this GeGtion May be appFey 49 13 I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx i Text underlined is new text to be added Bold text indicates a defined term 1 r2 al terna te types a equal show, r to these SpeGified. 3 n. Street grades. Street grades must be�de- ter�rAined iR rolatien to the dr..'r age 4 faoili ies for the suh-divisie—n nd m c+ no+ e e.d fGUIF nt n r he le SE; than 5 0.3 n en+ nless Athep-ise appreved by the o Rty manager or his rdec'n 6 p r en+ t„ gee +' n 10 m nn of the Land ne „eler mart Code. Street grades mum 7 be sheWR eR the rdevelenmen+ plans her rd'reetie art n eat of fall en the rla,. -I 8 profiles. [els37] 9 10 11 Swales may 12 be permitted to convey rear yard drainage and to collect street drainage. [C38] 13 14 15 16 17 eaunty ffiap@08F BF ...8 18 q- Hag streets. . [C40IHalf er partial streets W I! Ret be permtted exGept o,T ^re 19 essential to the r able development of a PFE)peFty iR enformanee wth the 20 GiFGWlatieR plan rohonc'„ nlaR Gr these regulat Rd where iR .,ddit'n 21 dediea +inn of the remaiRiRg art of the required street Fight r.f .w is PFGv ded 22 VheReVer a re eFty to be develeperd benders n St "nn half er naFd al street u p.vp�.�, 23 24 25 an existing street wh}sh does net— C9n#orM to the MiRiMUM Fight of way 26 requiFeMeRtS of these r UJatl ens must n v i.de fer the .de.dioetie of a,L iti al 27 Fight of w alarm e the: n r hoth sides of said street se that the MiRiMl 28 Fight of .w FequiFemGRtG of these la +'e .i II he established 29 '.r t .im'te,d S44P S JC4111 imi +e,d n String GE)Rtr„nl Rg a S +r, streets e 30 ad;aeent parcels will beprehibited except where approved by the nt„ 31 maRageF er his deSigRee PLIFSUaRt +e Seetien 10 02 nn of the Land Development 32 Bede. 33 34 th@ fUll Width Of Pulblig streets, Private stiz Qt6;1 fiFR I@AR6;1 @P64 AthAF MRA19P 35 46 base n , he a epte.d Any .de at once mare than there telerannec 47 will result ' . ;+hhelrt'n rel'm RaFy aGGeptaRGe n +'1 c eh time that the 48 pavelFeRt 'c hrn gh+ p to e iRty stan.darrdc 49 [C43161. 14 lAAdmin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Sum for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 4� r' 12 will hen erl., Gapped and bankfilled 13 -155. 9AU4' GaSiPgS. [C46]nn r S +e he installed ,.within the rel,. way sentinn of n pFGjeGt 14 must be Iooa+ed at a depth At Inns+ six pehes belo�e, the ho+ +em ele"at'n of the 15 16 the 'p+ersest'en of the Fight of Way I'n nd the In+ I'p I Mless a ed by the ntv 17 r his des'g ant to seetiop 10 n7 nn of the Land De"elepmen+ 18 19 20 y,h'oh must be pinned after n ple+ of the roadway stab'I'Zat'n end p Will 21 have its methed of 'nstallat'o ed by the n my manager or his deSig 22 16. Wat^mv ;agemep - ,{C47] 23 a. Qnone n n plete s+ormuiater m en+ system will ben "ided fer all a 24 Atth'nthhe swhdivisiGn er- develop en+ nnl „dlpn IGts Ts e d alleys. 25 26 GE3vdes nd ord'n ens Cn +h Clnrida ter a+nr Management min + „IeQ.J 27 reegulrati ORS -PUrs -,n+ to F.S. nh 373 nd Ehapter 17 nn -end title 40E Pr�da 28 AdmiRiStF@tiVe fade end aRy ether effented state and federal e r les 29 nd regulatiORS OR effen+ at the time of prelim subdiViGiOR plats hm's 30 i. Where stermwate [C48] 31 32 de „fit, sttc” FLARGff st be incQed P the — steFmwatep system 33 design.. The system must be des+gRed f F IGRg lfn Inv, GA-St m n+enanne 34 35 36 37 H Water en+ C49] areas 38 peppetuity aGGGFdiRg to the approved plans. Water maRagernent areas R49t 39 . 40 p Oafnfall an.J r puff grlforia 4C5o]The system must he designed for "design fleedd� 41 42 nrd -,egg With n ent Gelber re„nt., nd Cn,ith Clerida 1Alater nnanagemnn+ 43 D St Gt gri�.iter« 44 1 ccri'e& C511nrtifi gial lakes and re +ep +ien basins ed art of a- 4 5 stem:lweter TeteRtiGR system far —o site water ep+ s+ be 46 des:g ;ed and; other 47 48 49 as+ to the e ,nty All lakes will he set hark from ab +tin eade,ays 15 1Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amend ments\Attachments for Exec Summ for Admin Code and L.DC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 Text underlined is new text to be added. Text .. k..th F9 ,.h 1 nn ..d ..,... the n... ..1..,. ei,va ,t Bold text indicates a defined term 1 driveway wite�tt 2 parkinn9g ever thesidowalk Should the garage be side leaded there mu-s+ be a+ 3 lea t a 72 fen+ paved 4 MUSt e e that parked vehicles will not interfere with pedes+dan traffic '�G44} 5 14 L149 rStai i. �[C451A the clearing, grubbing, and grading has beeR GGmpleted 6 7 8 will be installed aGFOSS the power Conduits and appuFteRaRGes and aRy other 6444y g the_Stfeet to the .;Sfen be that the width Will ef sidewalk so 10 PA-t bee disturbed by futui:e iRstallatk)Rs. All Feadway OF Fight ef way will utility 11 URderg eund improvements so installed fer then off +, r P.Anneptienr 12 will hen erl., Gapped and bankfilled 13 -155. 9AU4' GaSiPgS. [C46]nn r S +e he installed ,.within the rel,. way sentinn of n pFGjeGt 14 must be Iooa+ed at a depth At Inns+ six pehes belo�e, the ho+ +em ele"at'n of the 15 16 the 'p+ersest'en of the Fight of Way I'n nd the In+ I'p I Mless a ed by the ntv 17 r his des'g ant to seetiop 10 n7 nn of the Land De"elepmen+ 18 19 20 y,h'oh must be pinned after n ple+ of the roadway stab'I'Zat'n end p Will 21 have its methed of 'nstallat'o ed by the n my manager or his deSig 22 16. Wat^mv ;agemep - ,{C47] 23 a. Qnone n n plete s+ormuiater m en+ system will ben "ided fer all a 24 Atth'nthhe swhdivisiGn er- develop en+ nnl „dlpn IGts Ts e d alleys. 25 26 GE3vdes nd ord'n ens Cn +h Clnrida ter a+nr Management min + „IeQ.J 27 reegulrati ORS -PUrs -,n+ to F.S. nh 373 nd Ehapter 17 nn -end title 40E Pr�da 28 AdmiRiStF@tiVe fade end aRy ether effented state and federal e r les 29 nd regulatiORS OR effen+ at the time of prelim subdiViGiOR plats hm's 30 i. Where stermwate [C48] 31 32 de „fit, sttc” FLARGff st be incQed P the — steFmwatep system 33 design.. The system must be des+gRed f F IGRg lfn Inv, GA-St m n+enanne 34 35 36 37 H Water en+ C49] areas 38 peppetuity aGGGFdiRg to the approved plans. Water maRagernent areas R49t 39 . 40 p Oafnfall an.J r puff grlforia 4C5o]The system must he designed for "design fleedd� 41 42 nrd -,egg With n ent Gelber re„nt., nd Cn,ith Clerida 1Alater nnanagemnn+ 43 D St Gt gri�.iter« 44 1 ccri'e& C511nrtifi gial lakes and re +ep +ien basins ed art of a- 4 5 stem:lweter TeteRtiGR system far —o site water ep+ s+ be 46 des:g ;ed and; other 47 48 49 as+ to the e ,nty All lakes will he set hark from ab +tin eade,ays 15 1Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amend ments\Attachments for Exec Summ for Admin Code and L.DC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9A2 40 SGOHP and eresieR will be n v ideal as FequiFed by the .nhi m r h'c 41 des;— 42 f. Re-GI-giddP- 43 , 44 Feadways w II net be .desig ed c as +n a the o n{fl..nn+ !GWer'n of +ho 45 water levels existing in +hen pFier to deyelepMeRt Roadside s ,ales nerd 46 ditches may be peFFRitted WithIR street rights of wheFe the use of 47 ra;dSid° inleG n n be just fied to the G Unh, m F his .deSig 48 through a ,Fitton r eF+ n Ford by the appl'nan+'S nrnfessie al o 49 Swales- "where peFmissible, wl11 have Side GlGpeS n steeper +haR fn r +9 16 I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Cade and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9 A2 Text underlined is new text to be added. nd intent vieea a ,tie nd... ....,. ,. ( .ode o ,.,... Bold text indicates a defined term efie rind - -the Will + he I li'm'ed +^ �� fi, +h^ stn"', ^ .�... - 4,�rr•;�vcv � �,7-- �„ �scv ,,,- r.,crrc��"�.s�-- �,vrcn„c�. .. its of a prejeGt'S .Raster water m eRt system. Urhere flew 4 5 6 must be provided with permanent eFOSiGR preteGtOOR, -sursh as native 7 vegetatmeR A-F turf. 8,00—ale ditehes ;.A.411 be sedded, spNgged OF seeded —a 8 lateral distanoe ev+eRdiRa frem the road n eR+ +o the top of the s ,ale 9 ditch ba;Gk6lepe. Where valley guttered- seet+oas are used fef 10 draiRaneway6 +, Ff RreteR +ioR m a+ be planed frem the edge of the gutter to 11 the outer limi ts of the Fight of way. If seediRg is utilized, then ry dehlRg iR 12 13 FeqUiFed. ndditinnall, if seediRg and M61IGh*RO a utilized +her, a s+rila of 14 ed e e feet vAde ..,ill be Rlased along +he faro of the n eR+ o rh 15 sec tion and nypr the iR.,n rF of any annreyed 6wale see+ioR .. yith'R the FUR 16 flewwa., All s .ales o„hiee+ tee eleni+ies ...:1111 hayes adequate e 17 . 18 H i2Wcyo -z _ s�aIe a h Co- Driveways a^rev°rpv�rmr' +t °d Swar I ° �d�''+ es 19 must have Rlased benea th them dFaiRage pipes of adequate size Rd type 20 21 22 de elonmeRNs master water m eR+ system. 23 g. Street drainage. StFeetdFaiRage witNn the Fead -Fight of way through gFassed 24 6walti 6 j +f ral GFOSS eo ens oRly a eat where . eleGitie^ i 25 ef fe-ur feet R eRd a aRtio'oated The Flow frem these ales e 26 ether types of drainage faolli+ies will he dA,eded +o Rat, oral n sela +ieR a 27 at� r i _if. n a _vial s a ha ^iRG n aFtifo'ol lakes of at least c, fF n'eR+ a a'+., +e Gem* 28 L9 nisi +rig+ Other equally effective methods of re+,irnfRO oleaRSed .,;esters +e +hn 30 31 or his de s 32 i Ex;6tiRe Rn+, rnl IaLe m , be used as de +eR +inn a pFevided that they 33 have adequate storage s , ty and that RretreatmeRt measures appFeved 34 by the o ,Rtv m r his desie are to Len to n eat Roll +a n+ 35 matter frem entering the lake. oeai +i.,e e„ +fan drainage faair +ies will be 36 pFevided away frem all R eela+ieR n seepage basin dete R +ion aFeas 37 and artificial lakes to handle the Reff frem s +arms Whiob exGeed +he 38 reclOred des iaR +arm a ant in duFatien andre. seveFity. 39 h. Reree/aOA_P ar he sta ea reed will depeRd aR thepeFG Ike 40 fer the sells at the s cifio si te and +hem ,.,hich the s' +e 's deyelRROd iR 41 42 43 44 . 45 i. b e g Rage. Where drainage �lans�rovid^ f ^r ^r It 46 dir eGted by the `OURty m4 er r deli Ree the nnllectiOR of st..rm.:at^.r 'R 47 her a r„ ,+e„ a s fare a to 48 9 Rterrneddiaratee o I +'.Rate e, +fall the faun, ; R MiRimum deli criteria will be 49 ^hL°^,^Pd_ 17 I: Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec SUmm for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx 9 A2 9A2 Text Text underlined is new text to be added. stFikethF96igh is GUFFt!f!te .d,......„w . „ r..a„ and OF Felli%d Bold text indicates a defined term 1 The within 2 eelleetieg c .cte... ...i 11 he 9F5 inehes in diameter - 3 lnlets ill be spaced at such ORtep,46 and OR sue; aFnaT ReF to al!Gw 4 fer the aGGeptaRGe of 100 n en+ of the +en yeaF, a heur r.+ 5 r, iAAff 6 (iii) The dista� i betty + t T .eon cerminating c +n r+ � c+ and intermediate 7 net e *seed these regdired by — the — PGFida Depal:,;,eRt e# 8 9 ..,..'Rage Ma ual, ,,.,l,.mes 1 � (1987 ed4ieR er latest re„iGien� 10 (iv) The stermwater, uRdeFgFeuRd selfestieR system, m6l6t be se de6*gped 11 .. c nev° 12 cMrm R.&..+ :� . ever higher than +he n �.. elevation of n hl,rl.. .. �.. rn...g rn. e 13 maintained ree,+wa n the system. 14 (N) The pipes must he designed tom ediment de 6'tS 15 (vi) The pipe eteriel6 Ml Ict meet the ntc Get ferth in eet'e 16 A42 Q4A i el ^ci..e eF the GUFFeRt editiGR gf the Cl^r r'e Denertmen+ of 17 18 ORIY GGRGFete pope er ether pope Fnatel:bls approved by 19 the e mty m r hic der,igge may he used OR tidal a alt 20 wateFs. 21 A.ii\ All dF inane n -st he fiHe.t ..:+h headwalls, endwall iRlets pd 22 a +her ennrenriete terminating and intermediate StrUe+U r 23 24 dependent open the sell eharaeteristiG undeFlyi;g he— deyelepFneRt OF 25 26 petroleum residues, oils, saspeaded sel;ds and ether — � ^elllwtants feu Rd--in 27 C}ermu.ater r neff The ... -then of treatment ..dll he determined by the a el'ee..t S 28 p,ofesSlonal engineer — 1— R.s+ble— fe.F the Preparatien of the .+erm..gter 29 eg+ plans and c eifiGatienc and will he 6 uhieet to the a al of the 30 GeURty m r his designee an.+ the a Red state a . 31 [els581# # # # # # # # # # # # # # 32 # 18 1AAdmin Code 2012 \BCC Meetings \Exec Sum forAdmin Code and LDC amendments\Attachments for Exec Summ for Admin Code and LDC amendments for 0924 \Code of Laws Admin Code repeal and amendment for BCC 090913.docx ZeText underlined is new text'fo b€ A aB Te.A striketh FOUgh iS GUFFeRt te)d to He deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Caroline Cilek, Senior Planner, Operations and Regulatory Management DEPARTMENT: Growth Management Division AMENDMENT CYCLE: N/A LDC SECTION(S): 10.02.03 F CHANGE: To include a new process to allow for deviations for a site development plan, site improvement plan, or a site development plan amendment. The deviations shall be approved by the Hearing Examiner through a quasi-judicial process. REASON: The Growth Management Division has identified the need for a new land use petition type to address conflicts and constraints associated with redevelopment projects. The term redevelopment refers to 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. Currently, the LDC allows for several forms of relief from the standards, with justification, including: architectural deviations, exemptions from parking requirements, and landscaping alternatives. However, these forms of relief are not applied holistically, but rather with multiple applications. As Collier County continues to redevelop, especially in the urbanized area, a land use petition that addresses all development standards at once will provide for an efficient and economically viable redevelopment review and approval process. Following a review of land development codes in Florida, County Staff proposes adapting the City of Naples' Site Plan with Deviations application and process to accommodate redevelopment in the County. The City of Naples' Site Plan with Deviations is a land use petition which allows an applicant to request specific deviations from the City' Code of Laws and Ordinances. The Site Plan with Deviations grants dimensional deviations and can be employed for projects that comply with all zoning requirements, including density, permitted and conditional uses, and which are consistent with the City of Naples' comprehensive plan. The Site Plan with Deviations was implemented by the City of Naples in 2008 and since that time numerous projects have been reviewed and approved. A snapshot of a recent site plan with deviations project is provided below. 1. Recently Completed Project: Naples Plaza, 1901— 2175 9th Street North, Naples, FL The Naples Plaza was originally built in the early 1960's and is a nonconforming site. In 2011, the City of Naples approved the redevelopment project which included demolishing the existing Publix and former Walgreens buildings, rebuilding the Publix, and providing fagade improvements for the entire plaza. In addition, other site 1 I:\Admin Code 2012 \13CC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for HEX 8 10 00 and site plan with deviations for 0924 \10.02.03 F Site Plan with Deviations for Redevelopment 082413.docx 8/29/2013 8:36:24 AM 9A2 Text underlined is newt to be added. Bold text indicates a defined term enhancements were provided. The applicant requested several deviations, including: decreased rear building and sign setbacks, increased the lot coverage, a reduced number of parking spaces and sign and wall dimensional variations. In the Staff Report provided to the Planning Advisory Board, Staff recommended approval of this project because it improved the site conditions and the deviations granted were to assist with the existing nonconformities that were site specific. This project was approved by the City Council in the fall of 2011 and is recently finished construction. Several recent projects in Collier County may have benefited from similar process. An example is provided below: 1. Proposed Project: Dunkin Donuts, 3091 Tamiami Trial E, Naples Florida In 2009, the applicant sought a site development plan amendment to redevelop an existing fast food restaurant property and open a Dunkin Donuts along U.S. 41, between Airport Rd. and Shadowlawn Dr. The building had been vacant for over a year and the existing features were nonconforming. Some of the nonconforming features included reduced sidewalk widths, an inadequate number parking spaces, transportation circulation and ingress /egress complications, and reduced landscaping and architectural standards. Photo Caption: Proposed Dunkin Donuts location, source: Google Earth. The proposed Site Plan with Deviations petition provides an opportunity for the applicant to request relief from several of the existing nonconforming site features. For example, a reduction in parking spaces, reduced sidewalk widths, and architectural standards can be addressed through a Site Plan with Deviations petition. In many instances, the LDC does not provide relief, apart from a variance, for certain standards, such as nonconforming sidewalk widths. The Site Plan with Deviations provides this opportunity through a formal and public review process. However, it is important to note that some site constraints will continue to prevail. In this instance, the Florida Department of Transportation and County transportation policies identified that direct access to U.S. 41 was unavailable to the proposed Dunkin Donuts. This access was deemed a necessity for the entity and the project was not pursued. The site remains vacant today. However, combination of deviation approvals, such as relocating buffers, a reduction in parking requirements, allowing additional directional signage, and an interconnection with the neighboring property provides an opportunity for this parcel to be redeveloped. 2 I:\Admin Code 2012 \13CC Meetings\Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for HEX 8 10 00 and site plan with deviations for 0924 \10.02.03 F Site Plan with Deviations for Redevelopment 082413.docx 8/29/2013 8:36:24 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0m, Text underlined is new text to be added. Text StFi Le1L.rr. gh 0 nt text to be deleted Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: The development of a Site Plan with Deviations petition would allow for current administrative waivers or exemptions to be consolidated into one form, process, and fee. To accommodate the review of a petition which includes one or more exemptions, waivers, or deviations, Staff proposes an in -house independent study be done and the fee schedule updated. The study would include identifying the number of exemptions, waivers, or deviations currently reviewed by Staff. The proposed petition and process would expand and streamline the existing procedure for redevelopment projects. Therefore, it is foreseeable that it would be an advantageous petition for developers who wish to revitalize an existing improved site within Collier County. RELATED CODES OR REGULATIONS: LDC section 10.02.03 and the Administrative Code. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner on August 14, 2013 Amend the LDC as follows: F. Site plan with deviations for redevelopment Droiects. 1. Purpose. A site plan with deviations 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. 2. Applicability. 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 development plan or site improvement plan shall comply with LDC section 10.02.03. For purposes of this section, "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. 3. Application. The Administrative Code shall establish the process and submittal requirements for a site plan with deviations for redevelopment projects application. a. Requested deviations shall be clearly delineated and justified in the petition. Project enhancements to offset or minimize the deviations shall also be clearly stated. b. Projects subiect to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida. C. The site construction plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. d. The landscapinq plans shall be siqned and sealed by the applicant's landscape architect, registered in the State of Florida. 3 I:Wdmin Code 2012 \13CC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for HEX 8 10 00 and site plan with deviations for 0924 \10.02.03 F Site Plan with Deviations for Redevelopment 082413.docx 8/29/2013 8:36:24 AM Text underlined is new text to be added. Bold text indicates a defined term 1 e. The survey shall be signed and sealed by the applicant's professional 2 surveyor and mapper, registered in the State of Florida. 3 4. Staff review and recommendation. Based upon evaluation of the factors set forth 4 in LDC section 10.02.03.F.8. County Staff shall prepared a report containing their 5 review findings and a recommendation of approval, approval with conditions or 6 denial. 7 5. Public notice. Public notice of the hearing shall be as required by the LDC 8 section 10.03.06 Q and Chapter 6 of the Administrative Code. 9 6. Public hearing. The Hearing Examiner shall hold at least one public quasi - 10 judicial hearing to review the proposed site plan with deviations. 11 a. Review. The Hearing Examiner shall hear the petition following receipt of 12 the staff report and application by the Office of the Hearing Examiner. At 13 the public hearing, the Hearing Examiner shall consider the applicant's 14 justification for the requested deviations, the staff report, the standards of 15 approval and any other relevant testimony and evidence. 16 b. Decision. The Hearing Examiner shall render a decision to approve, 17 approve with conditions, or deny the requested deviations within 30 days 18 of the public hearing. If approved, or approved with conditions, the 19 decision shall specifically note the deviations and the basis for their 20 approval. A decision by the Hearing Examiner shall be rendered prior to 21 the issuance of the approval letter by the County Manager or designee for 22 the site plan. 23 7. Standards for approval. The petition shall be reviewed for consistency with the 24 following standards: 25 a. Land uses and densities within the development shall be consistent with 26 the permitted and approved conditional uses in the zoninq district. 27 b. The proposed development is consistent with the Growth Management 28 Plan. 29 C. The development shall have a beneficial effect both upon the area in 30 which it is proposed to be established and upon the unincorporated area 31 as a whole. 32 d. The total land area within the development and the area devoted to each 33 functional portion of the development shall be adequate to serve its 34 intended purpose. 35 e. Streets, utilities, drainage facilities, recreation areas, sizes and yards. 36 architectural features, vehicular parking and loading facilities, sight 37 distances, landscaping and buffers shall be appropriate for the particular 38 use involved. 39 f. Visual character of the project shall be equal or better in quality than that 40 required by the development standards for the zoning district. The visual 41 character of the project shall be better in quality than the existing project 42 before redevelopment and after it was first permitted. 43 g. Areas proposed for common ownership shall be subject to a reliable and 44 continuing maintenance guarantee. 45 h. Deviations shall be clearly delineated in the petition and shall be the 46 minimum required to achieve the goals of the project and comply with 47 these standards. 48 i. The petitioner has provided enhancements to the development. 49 j. Approval of the deviation will not have an adverse effect on adjacent 50 properties. 4 I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for HEX 8 10 00 and site plan with deviations for 0924 \10.02.03 F Site Plan with Deviations for Redevelopment 082413.docx 8/29/2013 8:36:24 AM VAe. Text underlined is new text to be added. Te)d stFikethreugh is pt tex. deleted. to he Bold text indicates a defined term 1 8. Timeframe. Time limits for site plans will be pursuant to the LDC section 10.02.03 2 H. # # # # # # # # # # # # # 5 I:\Admin Code 2012 \13CC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for HEX 8 10 00 and site plan with deviations for 0924 \10.02.03 F Site Plan with Deviations for Redevelopment 082413.docx 8/29/2013 8:36:24 AM 9A2 1 Section 8.10.00 — Hearina Examiner 2 A. Establishment and Powers. The Board of County Commissioners established the Office 3 of the Hearing Examiner by County Ord. No. 2013 -25, as it may be amended from time 4 to time, with the bowers and duties set forth therein. 5 B. Role on Planning Commission. The Hearing Examiner may sit as a member of the (Comment [Al]: Amended per the County j 6 Collier County Planning Commission as long as the Planning Commission serves solely Attorney 091713 , 7 in an advisory body capacity to the Board of County Commissioners. While a Hearing 8 Examiner is employed by the County, all powers and duties expressly granted to the 9 Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 10 2013 -25, as may be amended) or through future resolutions, preempt the Collier Countv 11 Plannina Commission, or the Board of Zoning Appeals, as the case may be, with respect 12 to the established procedures set forth in the Collier County Land Development Code. 13 # # # # # # # # # # # # # I:\Admin Code 2012 \BCC Meetings \Exec Sum for Admin Code and LDC amendments\Attachments for Exec Summ for HEX 8 10 00 and site plan with deviations for 0924 \Section 8 10 00 - Hearing Examiner amended 091713.docx9/17/2013 3:12 PM