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Backup Documents 06/08/2005 LDC BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING (LDC ADOPTION) JUNE 8, 2005 r o N~LES DAILY NEWS PublIshed Daily Naples, FL 34 J 02 Affidavit of Publication State of Florida County of Collier Before the undersigned th appeared B. Lamb w~o s~rve ~ the authority, personally serve as the Assistant' C n oa says that they a d 'J orporate Secretary f th ~ y newspaper published at N -. 0 ~ NapJes Daily, Flonda; distributed in C ]J' aples, m CollIer County the attached copy of thO Ider an~ ~ee co~nties of Florida; that e a vertIsmg, bemg a PUBLIC NOTICE in the ~tter of Public Notice as publIsh,,"': in said newspaper 1 time(s) in th . e Issue on June 2nd, 2005 Affiant further says that the said N . publIshed at Naples, in said Collie; ~Ples Dally News is a newspaper newspaper has heretofore been f ounty, Flon~a, and that the said County, Florida; distributed in ~~~muously pubhshed in said Collier each day and has been entered ter and Lee counties of Florida ffi . as second cl'l ' o lce m Naples, in said Collier C ass mal matter at the post year next preceding the first ounty, Florida, for a period of 1 advertIsement; and affiant furt~UblIc~lton of the attached copy of promIsed any person fi er says that he has neither paid no . . ' mn or corpor f' r commlSSlon or refund for the u a IOn .any dIscount, rebate, "'bh"""? ,", ..d .,w,,.;,:"" of "run., 'm, ""~i"mru' f~ (S' . ,-j Ignature of affiant) Sworn to and subscribed b fi Th. 2 e ore me IS nd, June 2005 ~ 1f~~ ' "/) ..~ LP .. .i'0 ( ,g;,a~ofnOla<ypublic) l {7 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE June 8, 2005 Bee. PUBLIC'HEARING . . NOTICE OPLAND DEVELOPMENT CODE CHANGE --~. Notice Is bereby given that on Jun8 8,2005, at 5:05 P.M., In the Board of CounlyCornmlssIQpeI'8 Meeting Room, 3rt! Floor, Harmon Turner BuHdlng"f,. Collier COUnty Government center, 3301 EaetTamlaml TraU, Naples, Flortda, the Board of Clounty Commlsskloets, proposes to take under advisement amendments 10 the CoIUer County Land Development Code, the We of which Is as follows: AN ORDINANCE Of 'THE BOARD OF cO\JNTY COMMISSIONERS OF COLLIER COUNTY. flORIDA, AMENDING ORDINANCE NUMBat 04- 41, ~ AMENDED, THE COWER COUNTY LAND DEVElOPMENT CODE, WHICH INClUPES THE COMPREHENSIVE LAND REGULATioNS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION J,WO, FINDINGS Of FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIACALty AMENDING tHE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS COA AND TIS, SEC. 1.08.02 DEFINmONS FORAffOROABlE HOUSING. PERVIOUS SIJRFACE, EXOTIC VEGETATION, KENNEUMG, AND SHOPPING CE~E:R: CHAPTER 2 _ ZONING DISTRICTS AND USES"INCLUDING, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE zoNING, SEC. 2.0M8 EASTERN I.ANOSlRURAL FRINGE AND RFMU RECEMNG LANDS, SEC, 2.05.02 DENStlY BLENDING, SEC. 2.00.03 AHDB RATING SYSTEM, SEC, 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTEC'tION, INClUDING SEC. 3.0&.06 NATIVE VEGETATION RETENTION ON COASTAL BAftRIERS, 3.04.02 SPECIES SPECIFIC REQUIREMf,tIfS, SEC. 3.05.02 EXEMPTIONS FROM REQUIREMENTS OF VEGETATION PROTECTION AND PRESERVATION, SEC. 3.05.05 CRITERIA fOR REMOVAL OF PROTECTED VEGETATION, SEC.S.05.07 PRESERVATION STANDARDS. SEC. 3.05.08 REQUIREMENT FOR REM(l}IAL OF PROHIBITED EXOTIC VEGETATION, SEC. 3.06.06 REGULATED WELLAELDS INClUDING MAPS; CHAPTER 4 - SITE DE$lGN STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.~.23 SAME-DEVELOPMENT IN THE ACT1VITY CENTER #9 ZONING DISTRICT, SEC. 4.03.00 SUBDMSION DESIGN. AND LAYOUT,. sec. 4.03.02 APPLICABILITY, SEC. 4.03.03 EXEMPTIONS, SEC. 4.05.00 OFF-STREET pAR!<INGAND LOADING, SEC. 4.05.04 PARKING SPACE REQUIREMENTS, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION. SEC. 4.06.01 GENERALLY, 4.06.03 L.ar1dscaPInCI Requlr8ments for Vehicular IJ8e Arw and Rights-of-Way SEC. 4.06.04 TREES AND VEGETATION PROTECTION, lEt. 4.06.05 GENERAL LANDSCAPING REQUlREMENlS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT sTANf)AIilS, SEC. 4.08.05 LANDS WITHIN RLSA, seC. 4.08.07 SRA DESIGNATIONl SEC. 4.08.08 BASEUNESTANDARDS; CHAIftR 5 _ SuppLEMet(fAt1l'lltlWll8;lfIIWtiIlN~-$E~02~ 00lIJM1t0Nl, SEC. 5.02.03 STANDARDS, SEC. 5.03.92 -FENCES AND. WALLS, SEC. 5.05.02 MARINAS, SEC. 5.051iARCHm:CTURAL STANt)ARDS FOR COMMERCIAL BUILDlNGSANl) PROJECTS, SEC. 5.05.09 COMMUNICATION TOWERS. DEVELOPMENT STANDARDS; SeC. 5.05.12 SpecIfIc Standards for RawW,rer Wells In Collier Counly, SEC. 5.06.01 GENERALLY, SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER ll-INFRASTRUClt:lRE IMPROVEMENTS AND ADEQUATE PUBUC FACHJTIES REQUIREMENTS, INClUDING SEC."6.01.02 EASEMENTS. SEC. 6.06.01 STET SYSTEM REQIJIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE QODIES, INCLUDING SEC. 8.06.03 POWE:JD DUTIES OF THE ENYIRONMENTAL ADVISORY COUNCIL; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INClUDING, . C. 9.04.ooVARlANCES, SEC. &.04.01 GENERAlLY, SEC. 9.04.03 CRITERIA FORVARlANCES, SEC. 9.04.06 REQUIREMENTS FOR'E TO THE COASTAL CONSTRUCTION SETBACK UNE; CHAPTER 10 - APPUCATION, REvIEW, AND DECISION-MAKING PROCED~; INQJJDlNG. ,SEC. ,10..02.<12 SU8MITTAL REOUR. MENTS FOR ALL APPUCATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS. FdR Sf1lD~NTP\AN&, SEC. 10;02.04 SUBMITTAL REQUIREMENTS fOR PlATS, SEC. 10.02.06 SUBMIlTALiEQUlREM$ITS FOR PEMMITS. SEC. 10.02.07 SUBMITTAL REOlIIREMENTS FOR CERTIFlCATES.OF PUBUC FACIUlY ADEQUACY, SEC. 10.02.12 BlJILDIt!GOR LAND AlmlATION PERMITS, SEC. 10,02.13 PUOJlROOEDURES.SEC.1Q.03.ll5..N.OTICEBEQUIBEMENIS.FORPUBl!C.- HEARINGS, SEC. 10.09.00 VAFllANCE PROCEDURES; APPENDIX E ACCESS MNNEMENT PLAN MAPS, AND API'ENDIX H - LDClUDC. COMPARATIVE TABLES: SECTION fOUR. OGNRJCfANDS61lEfIABIlI1Y; SECJ'lON FIVE, PUBUCATION N3 THE coLlIER COuhV~I'.. LAND DEVELOPMENT CODE:.' AND SECTION SIX, EFfECTIVE DATE. . . ~F.I . '], A111nter88t8d parties are InVltlld to appear and be heard. Copies 9f the proposed ordinance are available for public lnspectlonln::the~ Oeparlment of Zoning andl,.and Development RevIew, CommunltY OevelopmMtS81'VIces Center, 2800 N. Horseshoe Drive, NaPles,j Rorlda. betW88I1 the houI'8 of 8:00 A.M. and 5:00 P.M., Monday UlroUQh Fnday. Anal adop\iOn of the ordinance will be coneldered, at the June 8, 2oo~, meeting. .. :.1 ..' ! " .. person dectdes to appeal. any. decision made by the. CO..I.ller, County. '. BoenI of COUnty COmmtsslclnerS. with respect to an:;" considered at 8lIllh meeting or.heaI1ng. he wUl need a record of ttleJlllC88dlngs, and for such purpose he may need to ensu1'8 .,al verbatim record af the ~ IU,ade.wtlII:I'Irecant....lhe~ony and ev1dence upon which the appeal Is 10 be " . : BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE. CHAIRMAN DWIGHT E. BROCK, CLERK By: UndaA. Houtzer, Deputy Clerk COWER COUNTY FLORIDA <i June 2 20Q5 .,,- t , ! ... ~ I I ! ,I I I No.99~S6448 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ LDC AGENDA June 8, 2005 5:05 p.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 1 June 8, 2005 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. Motion to disapproved Tree Replacements - Approved 4/1 (Commissioner Henning opposed) Re!!ulatorv Chan!!es Section - Approved 5/0 Correctin!! Omissions durin!! recodification Section - Approved 5/0 Clarifications Section - Approved 5/0 Motion to continue items 2.03.08 to come back as a regular scheduled BCC Item - Approved 5/0 Ordinance 2005-27 - Adopted w/changes (each section was voted on above) - 5/0 3. ADJOURN 2 June 8, 2005 . COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement Other: (Display Adv., location, etc.) ;;,:;;,:~:.~;.~::.~:::~;,::~::~~;.;::..........;::::........~...............~:::...:v;V~{ Petition No. (lfnone, give brief description): 2005 Cycle 1 LDC AlDeldm,au Petitioner: (Name & Address): Susan Murray, AICP, Director, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Fla. 34104 Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet) Hearing before BCC -L BZA Other Requested Hearin&date ,(Jlae 8. au Based on "advertisement appearing L days before bearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other o Legally Required tion & common location & Size : See attached BCC LDC Ad Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs: 113;..13.12-6491:10, ~~ Pivision Head Approved by: tJ//f /0 \ ( Date County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy 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: o County Manager agenda file: to Clerk's Office o Requesting Division o 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 ONLY: Date Received:1"'~-1:E Date of Public heariDfb 4"05 Date Advertised: ~...a ~ Department of Zoning and Land Development Review May 22,2005 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish both of the following public notices, each as a separate advertisement for a Display, % page, with map attached, Legal Notice in your edition of June 2, 2005, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104 and the Minutes and Records Department, Bldg. F, 3301 E. Tamiami Trail, Naples, FL 34112. June 8, 2005 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on June 8, 2005, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. -1- 1.08.01 ABBREVIATIONS COA AND TIS, SEC. 1.08.02 DEFINITIONS FOR AFFORDABLE HOUSING, PERVIOUS SURFACE, EXOTIC VEGETATION, KENNELING, AND SHOPPING CENTER; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE AND RFMU RECEIVING LANDS, SEC. 2.05.02 DENSITY BLENDING, SEC. 2. 06 . 03 AHDB RATING SYSTEM, SEC. 2. 07 . 00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.03.06 NATIVE VEGETATION RETENTION ON COASTAL BARRIERS, 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SEC. 3.05.02 EXEMPTIONS FROM REQUIREMENTS OF VEGETATION PROTECTION AND PRESERVATION, SEC. 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SEC. 3.05.07 PRESERVATION STANDARDS, SEC. 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION, SEC. 3.06.06 REGULATED WELLFIELDS INCLUDING MAPS; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.02.23 SAME-DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03 EXEMPTIONS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.05.04 PARKING SPACE REQUIREMENTS, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.06.01 GENERALLY, 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF-WAY SEC. 4.06.04 TREES AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS, SEC. 4.08.05 LANDS WITHIN RLSA, SEC. 4.08.07 SRA DESIGNATION, SEC. 4.08.08 BASELINE STANDARDS CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.02.00 HOME OCCUPATIONS, SEC. 5.02.03 STANDARDS, SEC. 5.03.02 FENCES AND WALLS, SEC. 5.05.02 MARINAS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS AND PROJECTS, SEC. 5.05.09 COMMUNICATION TOWERS DEVELOPMENT STANDARDS, SEC. 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS IN COLLIER COUNTY, SEC. 5.06.01 GENERALLY, SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01. 02 EASEMENTS, SEC. 6.06.01 STREET SYSTEM REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES OF THE ENVIRONMENTAL ADVISORY COUNCIL; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SEC. 9.04.00 VARIANCES, SEC. 9.04.01 GENERALLY, SEC. 9. 04 . 03 CRITERIA FOR VARIANCES, SEC. 9 . 04 . 06 REQUIREMENTS FOR VARIANCE TO THE COASTAL CONSTRUCTION SETBACK LINE; CHAPTER 10 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING, SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SEC. 10.02.12 BUILDING OR LAND ALTERATION PERMITS, SEC. 10.02.13 PUD PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC. 10.09.00 VARIANCE PROCEDURES; APPENDIX E ACCESS MANAGEMENT PLAN MAPS, AND APPENDIX H LDC/UDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at the June 8, 2005, meeting. -2 - 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk June 8,2005 BCC LDC Cycle 1 ad -3- ~ I. , .J ~ 11 ; S P' . .~ j-.. @ .. ; r;: - .. . - SJI. 21 II i i ~ ~ II 0 z I I :! :! 1= () :.. 0 . o' r C. ,." III @ n ~ () "" r 0 != ,.. C ;II Z :"I ~ -I -< "Tl r 0 N ;0 UIn:Q a:TCI .l.UIfllD anD J. 0 .a.una ~ ~-- )> . . . COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive. Naples, Florida 34104 Department of Zoning and Land Development Review May 22,2005 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish both of the following public notices, each as a separate advertisement for a Display, 114 page, with map attached, Legal Notice in your edition of June 2, 2005, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire. ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suit. '-- S:lorida 34104 and the Minutes and Records Departmenf I sf {Jcf _ Trail, Naples, FL 34112. -(;, /l eq e 8, 2005 SUC HEARING IELOPMENT CODE CHANGE Notice is ~___ 8, 2005, at 5:05 P.M., in the Board of County Commissioners Meetirj~;fRoorrr,- oor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED. THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA. BY PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO. FINDINGS OF FACT: SECTION THREE. ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE. MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 _ GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS COA AND TIS. SEC 1.08,02 DEFINITIONS FOR AFFORDABLE HOUSING, PERVIOUS SURFACE. EXOTIC c o I~~~ e ,.1- c o .. .. " y Phone (239)403-2400 Fax (239) 643-6968 or (239) 213-2913 www.co11iergov.net VEGETATION. KENNELING. AND SHOPPING CENTER; CHAPTER 2 - ZONING DISTRICTS AND USES. INCLUDING. SEC. 2.03.00 ZONING DISTRICTS. SEC. 2.03.05 OPEN SPACE ZONING. SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE AND RFMU RECEIVING LANDS. SEC. 2.05.02 DENSITY BLENDING. SEC. 2.06.03 AHDB RATING SYSTEM. SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION. INCLUDING SEC. 3.03.06 NATIVE VEGETATION RETENTION ON COASTAL BARRIERS. 3.04.02 SPECIES SPECIFIC REQUIREMENTS. SEC. 3.05.02 EXEMPTIONS FROM REQUIREMENTS OF VEGETATION PROTECTION AND PRESERVATION. SEC. 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION. SEC. 30507 PRESERVATION STANDARDS. SEC. 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION. SEC. 3.06,06 REGULATED WELLFIELDS INCLUDING MAPS; CHAPTER 4 - SITE DESIGN STANDARDS. INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS. SEC. 4.02.23 SAME-DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT. SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT. SEC. 4.03.02 APPLICABILITY. SEC. 4.03.03 EXEMPTIONS. SEC. 4.05.00 OFF-STREET PARKING AND LOADING. SEC. 4.05.04 PARKING SPACE REQUIREMENTS. SEC. 4.06.00 LANDSCAPING. BUFFERING. AND VEGETATION RETENTION. SEC. 4.06.01 GENERALLY. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY SEC. 4.06.04 TREES AND VEGETATION PROTECTION. SEC. 4.06.05 GENERAL LANDSCAPING REQUIREMENTS. SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS. SEC. 4.08.05 LANDS WITHIN RLSA. SEC. 4.08.07 SRA DESIGNATION. SEC. 4.08.08 BASELINE STANDARDS; CHAPTER 5 - SUPPLEMENTAL STANDARDS. INCLUDING SECTION 5.02.00 HOME OCCUPATIONS. SEC. 5.02.03 STANDARDS. SEC, 5.03.02 FENCES AND WALLS. SEC. 5.05.02 MARINAS. SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS AND PROJECTS. SEC. 5.05.09 COMMUNICATION TOWERS DEVELOPMENT STANDARDS. SEC. 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS IN COLLIER COUNTY. SEC 5.06.01 GENERALLY. SEC, 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS. INCLUDING SEC. 6.01.02 EASEMENTS. SEC. 6.06.01 STREET SYSTEM REQUIREMENTS: CHAPTER 8 DECISION-MAKING AND ADMINISTRATIVE BODIES. INCLUDING SEC. 8.06.03 POWERS AND DUTIES OF THE ENVIRONMENTAL ADVISORY COUNCIL; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING. SEC 9.04.00 VARIANCES. SEC, 9.04.01 GENERALLY. SEC. 9.04.03 CRITERIA FOR VARIANCES. SEC. 9.04.06 REQUIREMENTS FOR VARIANCE TO THE COASTAL CONSTRUCTION SETBACK LINE: CHAPTER 10 - APPLICATION. REVIEW. AND DECISION- MAKING PROCEDURES. INCLUDING. SEC. 10.02.02 SUBMITIAL REQUIREMENTS FOR ALL APPLICATIONS. SEC. 10.02.03 SUBMITIAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS. SEC. 10.02.04 SUBMITIAL REQUIREMENTS FOR PLATS. SEC. 10.02.06 SUBMITIAL REQUIREMENTS FOR PERMITS. SEC. 10.02.07 SUBMITIAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY. SEC. 10.02.12 BUILDING OR LAND ALTERATION PERMITS. SEC 10.02.13 PUD PROCEDURES. SEC. 10,03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS. SEC. 10.09.00 VARIANCE PROCEDURES; APPENDIX E ACCESS MANAGEMENT PLAN MAPS. AND APPENDIX H - LDC/UDC COMPARATIVE TABLES: SECTION FOUR. CONFLICT AND SEVERABILITY; SECTION FIVE. PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE: AND SECTION SIX. EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at the June 8, 2005, meeting. 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. -2- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk June 8,2005 BCC LDC Cycle 1 ad -3- Department of Zoning and Land Development Review May 22,2005 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish both of the following public notices, each as a separate advertisement for a Display, % page, with map attached, legal Notice in your edition of June 2, 2005, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104 and the Minutes and Records Department, Bldg. F, 3301 E. Tamiami Trail, Naples, FL 34112. June 8, 2005 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on June 8, 2005, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. -1- 1.08.01 ABBREVIATIONS COA AND TIS, SEC. 1.08.02 DEFINITIONS FOR AFFORDABLE HOUSING, PERVIOUS SURFACE, EXOTIC VEGETATION, KENNELING, AND SHOPPING CENTER; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE AND RFMU RECEIVING LANDS, SEC. 2.05.02 DENSITY BLENDING, SEC. 2.06.03 AHDB RATING SYSTEM, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.03.06 NATIVE VEGETATION RETENTION ON COASTAL BARRIERS, 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SEC. 3.05.02 EXEMPTIONS FROM REQUIREMENTS OF VEGETATION PROTECTION AND PRESERVATION, SEC. 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SEC. 3.05.07 PRESERVATION STANDARDS, SEC. 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION, SEC. 3.06.06 REGULATED WELLFIELDS INCLUDING MAPS; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.02.23 SAME-DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03 EXEMPTIONS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.05.04 PARKING SPACE REQUIREMENTS, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.06.01 GENERALLY, 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY SEC. 4.06.04 TREES AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS, SEC. 4.08.05 LANDS WITHIN RLSA, SEC. 4.08.07 SRA DESIGNATION, SEC. 4.08.08 BASELINE STANDARDS CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.02.00 HOME OCCUPATIONS, SEC. 5.02.03 STANDARDS, SEC. 5.03.02 FENCES AND WALLS, SEC. 5.05.02 MARINAS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS AND PROJECTS, SEC. 5.05.09 COMMUNICATION TOWERS DEVELOPMENT STANDARDS, SEC. 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS IN COLL IER COUNTY, SEC. 5 . 06 . 0 1 GENERALLY, SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.02 EASEMENTS, SEC. 6.06.01 STREET SYSTEM REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES OF THE ENVIRONMENTAL ADVISORY COUNCIL; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SEC. 9.04.00 VARIANCES, SEC. 9.04.01 GENERALLY, SEC. 9.04.03 CRITERIA FOR VARIANCES, SEC. 9.04.06 REQUIREMENTS FOR VARIANCE TO THE COASTAL CONSTRUCTION SETBACK LINE; CHAPTER 10 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING, SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SEC. 10.02.12 BUILDING OR LAND ALTERATION PERMITS, SEC. 10.02.13 PUD PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC. 10.09.00 VARIANCE PROCEDURES; APPENDIX E ACCESS MANAGEMENT PLAN MAPS, AND APPENDIX H LDC/UDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at the June 8, 2005, meeting. -2- 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk June 8,2005 BCC LDC Cycle 1 ad -3- May 11,2005 Attn: Legals Naples Daily News 1075 Central A venue Naples, Florida 33940 RE: 2005 Cycle 1 Amendments Dear Ms. Perrell: Please publish the following public notice, for a Display, 'l4 page, with map attached, Legal Notice in your edition of June 2, 2005, and furnish proof of publication to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICA TE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104 and the Minutes and Records Department, Bldg. F, 3301 E. Tamiami Trail, Naples, FL 34112. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you, Linda A. Houtzer Deputy Clerk P.O.lAccount #113-138312-649110 June 8, 2005 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on June 8, 2005, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 - 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS COA AND TIS, SEC. 1.08.02 DEFINITIONS FOR AFFORDABLE HOUSING, PERVIOUS SURFACE, EXOTIC VEGETATION, KENNELING, AND SHOPPING CENTER; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE AND RFMU RECEIVING LANDS, SEC. 2.05.02 DENSITY BLENDING, SEC. 2.06.03 AHDB RATING SYSTEM, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.03.06 NATIVE VEGETATION RETENTION ON COASTAL BARRIERS, 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SEC. 3.05.02 EXEMPTIONS FROM REQUIREMENTS OF VEGETATION PROTECTION AND PRESERVATION, SEC. 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SEC. 3.05.07 PRESERVATION STANDARDS, SEC. 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION, SEC. 3.06.06 REGULATED WELLFIELDS INCLUDING MAPS; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.02.23 SAME-DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03 EXEMPTIONS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.05.04 PARKING SPACE REQUIREMENTS, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.06.01 GENERALLY, 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF-WAY SEC. 4.06.04 TREES AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS, SEC. 4.08.05 LANDS WITHIN RLSA, SEC. 4.08.07 SRA DESIGNATION, SEC. 4.08.08 BASELINE STANDARDS CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.02.00 HOME OCCUPATIONS, SEC. 5.02.03 STANDARDS, SEC. 5.03.02 FENCES AND WALLS, SEC. 5.05.02 MARINAS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS AND PROJECTS, SEC. 5.05.09 COMMUNICATION TOWERS DEVELOPMENT STANDARDS, SEC. 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS IN COLLIER COUNTY, SEC. 5. 06 . 01 GENERALLY, SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6 . 01. 02 EASEMENTS, SEC. 6. 06 . 01 STREET SYSTEM REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES OF THE ENVIRONMENTAL ADVISORY COUNCIL; CHAPTER 9 - VARIATIONS -1- FROM CODE REQUIREMENTS INCLUDING, SEC. 9.04.00 VARIANCES, SEC. 9.04.01 GENERALLY, SEC. 9.04.03 CRITERIA FOR VARIANCES, SEC. 9.04.06 REQUIREMENTS FOR VARIANCE TO THE COASTAL CONSTRUCTION SETBACK LINE; CHAPTER 10 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING, SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SEC. 10.02.12 BUILDING OR LAND ALTERATION PERMITS, SEC. 10.02.13 PUD PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC. 10.09.00 VARIANCE PROCEDURES; APPENDIX E ACCESS MANAGEMENT PLAN MAPS, AND APPENDIX H - LDCjUDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at the June 8, 2005, meeting. 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk June 8,2005 BCC LDC Cycle 1 ad -2- FAX TO: Pam Perrell Location: Naples Dailv News FAX NO: (239) 263-4703 COMMENTS: Mo..p .{:o___ z.oo'S I...D <!.. C'{cl (. I A-me.nbmerrr A- d to yo :r LLn oe. t.. 2.. 005 FROM: Board Minutes &. Records LOCATION: MINUTES &. RECORDS COllIER COUNTY GOVERNMENT COMPLEX FAX NO: (239) 774-8408 PHONE NO: (239) 774-8406 DATE SENT: 5 I 1/ I 2005 A.M. ~35 P.M" TIME SENT: # OF PAGES: ~ (INCLUDING COVER SHEET) Linda A. Houtzer From: Sent: To: Subject: Linda A. Houtzer Wednesday, May 11, 2005 2:28 PM legals@naplesnews.com 2005 LOC Cycle 1 Amendments Attachments: LOC Amend Cycle 1 2005 (5 day). doc; LOC Amend Cycle 1 2005 (5 day). doc Good Morning, Please advertise the attached notice on Thursday, June 2, 2005, I will be faxing over the accompanying map. ~ ~ .DC Amend Cycle lLDC Amend Cycle 1 2005 (5 day... 2005 (5 day)... If you have any questions. please call 774-8411. Thank you, Linda Minutes and Records Linda A. Houtzer From: Sent: To: Subject: ClerkPostmaster Wednesday, May 11, 20052:28 PM Linda A. Houtzer Delivery Status Notification (Relay) Attachments: A TT1425037.txt; 2005 LDC Cycle 1 Amendments [1~ ..<.'. ' ! .~~ . ATT1425037.txt 2005 LDC Cycle 1 (229 B) Amendments This is an automatically generated Delivery Status Notification. Your message tlas been successfully relayed to the following recipients, but ttle requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Linda A. Houtzer From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, May 11, 2005 2:24 PM Linda A. Houtzer Delivered: 2005 LDC Cycle 1 Amendments Attachments: 2005 LOC Cycle 1 Amendments r:::-71. L::::J 2005 LDC Cycle 1 Amendments <<2005 LDC Cycle 1 Amendments>> Your message To: legals@naplesnews.com Subject: 2005 LDC Cycle 1 Amendments Sent: Wed, 11 May 200514:27:59 -0400 was delivered to the following recipient(s): legals on Wed, 11 May 2005 14:23:56 -0400 1 2005 LDC Cycle 1 Amendments Page 1 of 1 Linda A. Houtzer From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Wednesday, May 11, 20054:49 PM To: Linda A. Houtzer Subject: RE: 2005 LDC Cycle 1 Amendments OK -----Original Messagen--- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collierJl.us] Sent: Wednesday, May 11, 2005 2:28 PM To: legals@naplesnews.com Subject: 2005 LDC Cycle 1 Amendments Good Morni ng. Please advertise the attached notice on Thursdav, June 2. 2005. lwill befiT'(ing over rhe accompanymg map. <<LOC Amend Cycle 1 2005 (5 day).doc>> <<LOC Amend Cycle 1 2005 (5 day).doc>> If.vou have any questions, plc(u;e call 774-84/1. T7wnk VOl/. Linda A1inutes and Records 5/12/2005 .",_""~.,,,_,_,,__u 2 ORDINANCE NO. 05-.]7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS COA AND TIS, SEC. 1.08.02 DEFINITIONS FOR AFFORDABLE HOUSING, PERVIOUS SURFACE, EXOTIC VEGETATION, KENNELING AND SHOPPING CENTER; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE AND RFMU RECEIVING LANDS, SEC. 2.05.02 DENSITY BLENDING, SEC. 2.06.03. AHDB RATING SYSTEM, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.03.06 NATIVE VEGETATION RETENTION ON COASTAL BARRIERS, 3.04.02 SPECIES SPECIFIC REQUIREMENTS, SEC. 3.05.02 EXEMPTIONS FROM REQUIREMENTS OF VEGETATION PROTECTION AND PRESERVATION, SEC. 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SEC. 3.05.07 PRESERVATION STANDARDS, SEC. 3.05.08. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION, 3.06.06 REGULATED WELLFIELDS INCLUDING MAPS; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPLE USES IN BASE ZONING DISTRICTS, SEC. 4.02.23 SAME-DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03 EXEMPTIONS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.05.04 PARKING SPACE REQUIREMENTS, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.06.01 GENERALLY, 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY SEC. 4.06.04 TREES AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS, SEC. 4.08.05 LANDS WITHIN RLSA, SEC. 4.08.07 SRA DESIGNATION, SEC. 4.08.08 BASELINE STANDARDS; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.02.00 HOME OCCUPATIONS, SEC. 5.02.03 STANDARDS, SEC. 5.03.02 FENCES AND WALLS, SEC. 5.05.02 MARINAS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS AND PROJECTS, SEC. 5.05.09 COMMUNICATION TOWERS DEVELOPMENT STANDARDS, SEC. 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS IN COLLIER COUNTY, SEC. 5.06.01 GENERALLY, SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.02 EASEMENTS, SEC. 6.06.01 STREET SYSTEM REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES OF THE ENVIRONMENTAL ADVISORY COUNCIL; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SEC. 9.04.00 VARIANCES, SEC. 9.04.01 GENERALLY, SEC. 9.04.03 CRITERIA FOR VARIANCES, SEC. 9.04.06 Page I of 160 Words struck through are deleted, words underlined are added 2 REQUIREMENTS FOR VARIANCE TO THE COASTAL CONSTRUCTION SETBACK LINE; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING, SEC. 10.01.02 DEVELOPMENT ORDERS REQUIRED, SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SEC. 10.02.12 BUILDING OR LAND ALTERATION PERMITS, SEC. 10.02.13 PUD PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC. 10.09.00 VARIANCE PROCEDURES; APPENDIX E ACCESS MANAGEMENT PLAN MAPS, APPENDIX H LDC/UDC COMPARATIVE TABLES, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superceded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the first amendment to the LDC for the calendar year 2005; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on May 11, 2005 and June 8, 2005, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. 9 163.3161 et seq.), and F.S. 9 125.01(1)(t) and (1)(w); Page 2 of 160 Words struck tl:lnll:lgh are deleted, words underlined are added 2.' and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, 9 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Se. 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. Page 3 of 160 Words simek tm-o\:lgh are deleted, words underlined are added r.' \' . . , ' 2 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or" GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 F.A.C. 7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superceded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, Page 4 of 160 Words stmek through are deleted, words underlined are added 2 ;... sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.01 Abbreviations * * * * * * * * * * * COA Certificate Of Adeauate public facility * * * * * * * * * * * TIS TransportationlTraffic Impact Study * * * * * * * * * * * SUBSECTION 3.B AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions Housing, affordable Workforce: Ono or more means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a ranae of median adjusted gross annual income (median income) for tHe household2 as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), 50 percont or loss (for 'lory low incomo), 50 percent to 80 porcent (for 10'.\1 incomo), or 80 porcont to 100 porcont (for modorato incomo) of tho specifically includina the followina subsets: Owner Occupied Workforce Housina 50% or less of Median Income, otherwise considered to be "very-low income," Page 5 of 160 Words stmek through are deleted, words underlined are added ",.r. 2 I. ' Owner Occupied Workforce Housina 51% - 60% of Median Income. otherwise considered to be "low income." Owner Occupied Workforce Housina 61 % - 80% of Median Income. otherwise considered to be "low income." Owner Occupied Workforce Housina 81% - 100% of Median Income. otherwise considered to be "moderate income." Rental Workforce Housina less than 50% of Median Income. otherwise considered to be "very-low income." Rental Workforce Housina less than 51 % - 60% of Median Income. otherwise considered to be "low income." The term affordable housing is specifically intended to includes \'.lorkforoe housing which is limited to owner occupied housing 'Nith a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of on amount which represents 50 percent to 100 percent of the median adjusted gross annual incomo for the household os published annually by the U.S. Deportment of Housing and Urban Development within the Naples Metropolitan Statistical ,A,rea (MS^). (See section 2.05.02) affordable workforce housina , * * * * * * * * * * * Kennelina: An establishment licensed to operate a facility housina doas. cats. or other household pets or the keepina of more than three doas, six months or older. on premises used for residential purposes. or the keepina of more than two doas on property used for industrial or commercial security purposes. * * * * * * * * * * * Pervious (also pervious surface or pervious area applicable to Section 4.05.03 onlv): Material that allows the percolation or absorption of water into the around includina. but not limited to arass. mulch. and crushed stone. Pavers (excludina those specifically desianed and constructed to be pervious) and limerock are not considered as pervious surface. * * * * * * * * * * * Shoppina center: A aroup of unified commercial establishments built on a site which is planned, developed. owned or manaaed as an operatina unit and related in its location. size. and type of shops to the trade area that the unit serves. It consists of eiaht or more retail business or service establishments containina a minimum total of 20.000 sauare feet of floor area. No more than 20 percent of a shoppina center's floor area can be composed of restaurants without providina additional parkina for the area over 20 percent. A marina. hotel. or motel with accessory retail shops is not considered a shoppina center. * * * * * * * * * * * Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native vegetation communities 2Y.;...displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species: which includes all species of veaetation listed on. f\ list of these exotics can be found in the 2003 Florida Exotic Pest Plant Council's List of Invasive Species. under Cateaory I. * * * * * * * * * * * Wells. raw water: The individual or collective excavations and resultina appurtenant eauipment owned or operated by a public or auasi public entity which are the source of raw water used to provide public irriaation or potable Page 6 of 160 Words stfl:l6k thnH:lgh are deleted, words underlined are added r"r 2 water. When water from such wells is conveyed through physically connected infrastructure to a public or Quasi-public treatment facility, the system of physically inter-connected infrastructure and wells may be considered to be collectively located "on-site" as that term is to be applied in GMP Policies 6.1.1. and 6.1.2.. and any implementing land development regulations. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.05 OPEN SPACE ZONING DISTRICTS Section 2.03.05 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.03.05 Open Space Zoning District * * * * * * * * * * * B. Conservation District "CON. " 1. Allowable uses. The following uses are allowed in the CON District, ~ a. Uses permitted as of right. * * * * * * * * * * * (8) Oil and gas exploration subject to applicable federal and state drilling permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on 2005. [the effective date of this provisionl regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-3Q, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a) (1) through (12), F.A.C. (9) The following essential services (a) Private wells and septic tanks necessary to serve uses identified in 1 through 8 above. (b) Utility lines necessary to serve uses identified in 1 through 8 above, with the exception of sewer lines. (c) Sewer lines and lift stations if all of the following criteria are satisfied: Page 7 of 160 Words simek through are deleted, words underlined are added 2 i. Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON district; ii. Such sewer lines or lift stations shall be located within already cleared portions of existing rights-or-way or easements; and iii. Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas or to the Rural Transition Water and Sewer District. * * * * * * * * * * c. Conditional uses. (1) Oil and gas field development and production, subject to federal and state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on 2005, [the effective date of this provisionl. regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001 (2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * D. Special Treatment Overlay "ST". * * * * * * * * * * * Page 8 of 160 Words stmek through are deleted, words underlined are added 2 4. Transfer of eDevelopment Rights (TOR). f. Procedures Applicable to the Transfer of TOR Credits from RFMU sending lands * * * * * * * * * * ii. County-maintained central TOR registry. In order to facilitate the County's monitoring and regulation of the TOR Program, the County shall serve as the central registry of all TOR credit purchases, sales, and transfers, as well as a central listing of TOR credits available for sale and purchasers seeking TOR credits. No TOR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) TOR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands. TOR credits shall be deemed to be severed from RFMU sending lands at such time as a TOR credit Certificate is obtained from the County and recorded. TOR credit Certificates shall be issued only by the County and upon submission of the following: * * * * * * * * * ii) a title search, or other evidence, ost3blishing sufficient to establish thatJ. prior to the severance of the TOR credits from RFMU sending lands, such Sending Lands were not subject to a conservation restriction or any other development restriction that prohibited residential development; * * * * * * * * * vi) documented evidence that. if the property from which TORs are beina severed is subiect to a mortQaoe. lien, or any other security interest the mortaagee, lien holder. or holder of the security interest has consented to the conservation easement required for TOR severance. * * * * * * * * * * d) Each TOR credit shall have an individual and distinct tracking number, which shall be identified on the TOR Certificate that reflects the sovor3nco ef....tRe TOR credit from RFMU Sending L3nd. The County TOR Registry shall maintain a record of all TOR credits, to include a designation of those that have been expended. !l The County bears no responsibility to provide notice to any person or entity holdino a lien or other security interest in Sendina Lands that TOR credits have been severed from the propertv or that an application for such severance has been filed. * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS Page 9 of 160 Words struek through are deleted, words underlined are added 2 Section 2.03.08 Eastern Lands/Rural Fringe Zoning Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Section 2.03.08 Eastern lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District) * * * * * * * * * * * 2. RFMU receiving lands. * * * * * * * * * * a. Outside rural villages * * * * * * * * * (3) Allowable Uses (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: i. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game ::md Freshwater Fish Commission Fish and Wildlife Conservation Commission permits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: * * * * * * * * * * Go B. Natural resource protection area overlay district (NRPA). 1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. * * * * * * * * * * 0... C. North Belle Meade Overlay District (NBMO) 1. Purpose and intent. The North Belle Meade Overlay (NBMO) is unique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. Page 10 of 160 Words strode through are deleted, words underlined are added ~ I 2 SUBSECTION 3.F. AMENDMENTS TO SECTION 2.05.02 DENSITY BLENDING Section 2.05.02 DENSITY BLENDING, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.05.02 DENSITY BLENDING * * * * * * * * * * * B. Conditions and limitations. * * * * * * * * * * * 3. Properties straddling the Immokalee urban area and the RLSA district. Density and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: a. The project in aggregate must be a minimum of 200 acres in size. b. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated RecreationallTourist District. c. The lands within the Immokalee Urban Area from which density and/or intensity are shifted must have a FLUCCS FLUCFCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. 4. Lands straddlinQ RFMU Receivina and Neutral Lands. Densitv blendina between properties straddlina Receivina and Neutral Lands in the RFMU District is permitted subiect to all of the followina conditions and limitations: a. The property was under unified control as of June 19.2002: b. The proiect for which density is to be blended must be a minimum of eighty (So) aaQreaate acres in size: c. A minimum of 25% of the property must be RFMU Receivina Land: d. The proiect must extend central water and sewer to serve the entire proiect. unless alternative interim sewer and water provisions are authorized by the County: and e. The density must be shifted so as to preserve and protect the hiahest Quality native veaetation and wildlife habitat on-site and to maximize the connectivity of such native veaetation and wildlife habitat with adiacent preservation and habitat areas. SUBSECTION 3.G. AMENDMENTS TO SECTION 2.06.00 AFFORDABLE HOUSING DENSITY BONUS Section 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.06.00 AFORDABLE HOUSING DENSITY BONUS 2.06.01 Generally Page 11 of 160 Words struek through are deleted, words underlined are added 2411 A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development . One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development . The provision of affordable housing units may add up to eight (8) dwelling units per gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion area required, pursuant to the collier county ~ GMP. The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the affordable housing density Bonus (ADHB) program. B. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. c. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available. ~ D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. * * * * * * * * * * 4. Review and recommendation by the housing and urban tmprovomont direotor County Manaaer or desianee. After receipt of a completed application for AHDB, the housing and urban improvement director County Manaaer or desianee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division section. The housing ::md urban improvement direotor County Manaaer or desianee must coordinate with the development services director to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and must recommend to Page 12 of 160 Words stmek through are deleted, words underlined are added 2 the planning commission and the board of oounty oommis&ioners BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the housing and urban impro':ement director County Manaaer or desianee must include a report in support of Ris recommendation. 5. Review and recommendation by the planning commissIon. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the hou&ing and urban improvement direotor County Manaaer or desianee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the planning commission must review and evaluate the application in light of the requirements of this division section and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and must recommend to the board of county oommi&&ioner& BCC that the application be denied, granted or granted with conditions. 6. Review and determination by board of county commissioners. Upon receipt by the board of oounty commissionor& BCC of the application for AHDB and the written recommendation and report of the housing and urban improvement direotor County Manaaer or desianee and recommendation of the planning commission, the board of oounty commi&sioners BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing must be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the board of oounty oommi&&ioners BCC, and the board of county commi&sioner& BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the board of county commi&sioner& BCC, and the board of county oommissioners BCC must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the board of county commi&sioners BCC, and the board of oounty commissioners BCC must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the board of county commissioners BCe must review and evaluate the application in light of the requirements of this division section and the requirements for a rezoning, and must Page 13 of 160 Words struek tl'lrO\igR are deleted, words underlined are added 2 deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. G E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. SUBSECTION 3.H. AMENDMENTS TO SECTION 2.06.03 AHDB Rating System Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development, based on household income level, numbor of bod rooms por affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family, and percentage of affordable housing units in the development. To use the AHDB rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. 1. First, choose the household income level (modorate, low, or 'lory low 50% of Median Income. 60% of Median Income. or 80% of Median Income) of the affordable housing unit(s) proposed in the development , and the type of-affordable housing units (owner- occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, roforring again to Tablo A, chooso tho number of bedrooms proposed for tho affordable housing unit(s). An AHDB ~ based on the household income level and tho number of bedrooms is shown in Table A. Tablo /\. TABLE INSET: *For c1ustor housing de'lelopment s in the urban coastal fringo, add one (1) density bonus to obtain t\vo (2). 2. I\ftor tho /\HDB rating has boon dotorminod in Table A, locato it in Tablo B, and dotormino tho porcontago of that typo of affordable housing unit proposod in the dev-elopment oomparod to tho total numbor of dwelling units in tho de\~elopment . From this Page 14 of 160 Words struek through are deleted, words underlined are added F 2 determination, Table 9 A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density . These additional residential dwelling units per gross acre are the maximum AHDB available to that development . Developments with percentages of affordable housing units which fall in between the percentages shown on table 9 tLshall receive an AHDB equal to the lower of the two (2) percentages it lies between, plus one-tenth (1/10) of a residential dwelling unit per gross acre for each additional percentage of affordable housing feRta1 units in the development . For example, a development which has twenty-four (24) percent of its total residential dwelling units as affordable housing units, and '....hich has an AHDB rating of "4" at the 80%Mllevel will receive an AHDB of 4A 2.4 residential dwelling units per gross acre for the development. I Table B. (J\dditional available d'."Ielling units per gross aoro) T/\BLE INSET: 3. Where more than one (1) type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development , the AHDB for each type shall be calculated separately in Table B. After the AHDB calculations for each type of affordable housing unit have been completed in Table B, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed eight (8) dwelling units per gross acre. Table A. Affordable Housina Densitv Bonus (Additional Available Dwellinq Units Per Gross Acre) 10% 80% MI* 1 ~ ~ 1 ~ 2 Z !! !! !! Income 60%MI ~ ~ 1 ~ 2 Z !! !! !! !! Level 50%MI 3 4 5 6 7 8 8 8 8 8 *Qwner-occuoied only Total Allowable Density = Base Density + Affordable Housinq Density Bonus Page 15 of 160 Words stmek through are deleted, words underlined are added r.. ,~ 2 In no event shall the maximum aross density allowed exceed 16 units per acre. B. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where applicable. C. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten (10) affordable housing units. D. The ratio of number of bedrooms per affordable housina unit shall in aeneral be equal to the ratio of the number of bedrooms per residential unit for the entire development. * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 2.07.00 Table of SETBACKS For Base Zoning Districts Section 2.07.0 Table of SETBACKS For Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.07.0g Table of SliT8ACKS For 8aso Zoning Districts Page 16 of 160 Words struek through are deleted, words underlined are added ~MH District additional yard roquiromonts: side yard sotback from a public road that is oxtornal to tho boundary of tho park - 50 ft.; the minimum setb3ck on any side from tho oxtorior boundary of the park - 15ft. ~TTRVC District additional yard roquiromonts: sotback from extorior boundary of park - 50 ft.; sotback from an e>Hornal stroot - 50 ft., setback from an intornal streot - 25 ft; Gotback from any building or othor structure - 10ft. 6C d Distriot minimum sotback on any sido that is watorfront - 25 ft.; sotb::lck for marinas - nono. Page 17 of 160 Words struek through are deleted, words underlined are added 2 2 4e -1 and e 5 Die:tricte: minimum e:otback on any e:ido that i6 'Natenront - 25 ft.; E;otback for marina6 - nono; sotback on any e:ido adjacont to a railroad right of 'Nay - AOOe !\ - 50% of tho building hoight, but not loe:e: than 15 foot. B 50% of the building hoight, but not loe:s than 30 foot. e - 50% of tho building hoight, but not loe:e: than 25 foot. D 50% of tho building hoight, but not 1066 than 25 foot. Struaturee: 50 foot or moro in hoight 25 feet plue: ono additional foot of e:etback for each foot of building hoight ovor 50 foot. E tho total of all e:ide yard e:otbaoks e:hall oqual 20% of tho lot width, with a maximum of 50 feet. No sido yard !Shall bo lee:s than 10 foot. Alternati'/e dimone:ione: may bo poe:e:iblo 'i.-hon approvod through a unifiod plan of dovolopmont invol'ling ono or moro lots under common ownore:hip .....horo tho yard roquiremonte: are mot for the unifiod e:ito but not noceGe:arily for oach parcol within the unifiod e:ite. F - tho yard requiromonte: shall be oqual to the most roe:trictivo adjoining die:trict. x - for principal e:tructuroe:: 50 feot from all proporty linoe:; for ::lccoe:e:ol)' structuroe:: 25 foot from all proporty linee:. SUBSECTION 3.J. AMENDMENTS TO SECTION 3.04.02 Species Specific Requirements Section 3.04.02 Species Specific Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.04.02 Species Specific Requirements A. Gopher Tortoise (Gopherus polyphemus). * * * * * * * * * * 11. When identifying the native vegetation preservation requirement of section 3.05.00. 3.05.07 of this LDC for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to oft-site adjacent gopher tortoises' preserves. All gopher tortoise preserves shall be platted with protective covenants, as required by this section and section 10.02.04 3.05.07 H of this LDC or, if the project is not platted, shall provide such language on the approved site development plan. It shall be a priority to preserve scrub habitat, when it exists on- site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated oft-site. 12. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by County Manager or designee. 13. Exemptions. Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in subsections 5 through 11 above, when these lots are not a part of a previous development which has been required to comply with subsections 5 through 11. However, gopher tortoises shall be protected pursuant to -1-4 1-3 above. Page 18 of 160 Words struek through are deleted, words underlined are added 2 ,1 1< 1< 1< 1< 1< 1< 1< 1< 1< 1< 1< B Sea Turtle Protection. * * * * * * * * * * * 5. It shall be unlawful, during the nesting season, to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. a. If sea turtle nesting occurs within 100 yards of the construction, measured parallel to the shoreline during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that morning. b. Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the applicant. c. Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, sRaU must maintain the natural existing beach profile, and minimize interference with the natural beach dynamics and function. d. Construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall not be permitted during sea turtle nesting season on any County beaches. except if permitted structures are damaaed bv a named storm or other declared natural disaster and the followinq conditions are met. 1. Minor repair work (boards need to be nailed back to the existing intact structure, or a few boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying Collier County Environmental Services of that work. 2. Prior to any major repair work (greater than that described in 1 above) or reconstruction of any part of the structure, the following information shall be provided to so that staff can determine if the major repair or reconstruction can occur prior to the end of sea turtle nesting season: a. The appropriate permit from FDEP. b. The location of all known sea turtle nests. Community Development and Environmental Services (CDES) staff will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries for viable nests. c. A survey by a qualified consultant locating any gopher tortoise burrows on site within 50 feet of the structure. Relocation of gopher tortoises will be required when the burrows are in harms way of the construction activity. Page 19 of 160 Words struek throligh are deleted, words underlined are added 2 d. Photographs of the site as it existed after the storm to document the conditions of the property. e. An aerial of the property showing the CCSL line. f. A copy of a CCSL variance or CCSL permit if required and building permit approving the original construction of the structure. 3. Sea turtle nest locations will be reestablished using their previously recorded GPS locations and accuracy data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days from the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchlings. 4. Minor structures. as defined bv Florida Statutes Subsection 161.055. of the Coastal Zone Protection Act of 1985. shall be approved provided that they also complv with: a. Federal reauirements for elevations above the 100-vear flood level. b. Collier County Buildina Code reauirements for flood proofina, c. Current buildina and life safety codes. d. Collier County and State of Florida Department of Environmental Protection CCSL/CCCL reaulations, e. Applicable disabilitv access reaulations of the American Disabilitv Act (ADA). and f. Anv reauired Collier County zonina and other development reaulations with the exception of existina density or intensity reauirements established. unless compliance with such zoning or other development reaulations would preclude reconstruction otherwise intended bv the Build back Policv as determined bv the Emeraencv Review Board established herein. 6. The followina shall be obliaations for all property owners who have had sand washed ashore (as a result of a storm) and deposited on the dune and seaward of the CCSL. As supported bv GMP Conservation and Coastal Manaaement Element Obiective 10.4 and Policv 10.4.8 , construction seaward of the CCSL shall not interfere with sea turtle nestina. will minimize interference with natural beach dynamics. and where appropriate will restore the historical dunes and will veaetate with native veaetation and help in the restoration of natural functions of coastal barriers and beaches and dunes. The property owner may be prohibited from removina the deposited sand when it is determined that the wash over was a part of the natural rebuildina of the beach and dune system. Onlv native salt tolerant beach or dune veaetation may be Page 20 of 160 Words stmek tnro\:1gh are deleted, words underlined are added ~4" 2 planted on the deposited sand, after obtainina a Collier County CCSL permit. This shall not apply to sand washed over onto yards that have received the appropriate Collier County approvals for landscapina seaward of the CCSL (such as sinale family homes alona Vanderbilt Beach). iI. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any species of sea turtle in Collier County or within it's jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle. SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.00 3.05.03 throuah 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.00 3.05.04 throuah 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing uses. Exemptions from the requirements of section 3.05.00 3.05.07 F. throuah 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity. E. Exempt mangrove alteration projects. Mangrove alteration projects that are Page 21 of 160 Words stmek through are deleted, words underlined are added ~,.'-"~ 2 ~ i exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division section would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. SUBSECTION 3.L. AMENDMENTS TO SECTION 3.05.05 Criteria for Removal of Protected Vegetation Section 3.05.05 Criteria for Removal of Protected Vegetation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this section. In addition, a vegetation removal permit may be issued under the following conditions: A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. B Diseased or otherwise unhealthy vegetation, as determined by standard horticultural practices, and, if required, a site inspection by the County Manager or designee. C. A final local development order has been issued which requires allows removal of the protected vegetation. D. Compliance with other codes and/or ordinances may involve protected vegetation removal. E. Replacement of non-native vegetation shall be with native vegetation and shall be subject to the approval of the County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06.05 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within fourteen (14) calendar days of removal. F. On a parcel of land zoned RSF, VR, E, or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. Page 22 of 160 Words stmek thnmgh are deleted, words underlined are added 2 G. The proposed mangrove alteration has a DEP permit, or meets the permitting standards in the Florida Administrative Code. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. H. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects; or firo breaks approved by the State of Florida, Division of Forestry, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits. I. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or his designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee. J. Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. K. Removal of veqetation for firebreaks approved by the State of Florida. Division of Forestrv. shall be permitted. The width of the approved clearina shall be limited to the minimum width determined necessary bv the Division of Forestrv. L. A State or Federal permit issuance depends on data that cannot be obtained without preliminarv removal of some protected veqetation. The c1earinq shall be minimized and shall not allow any areater impacts to the native veqetation on site than is absolutely necessary. Clearina shall be limited to areas that are outside any on-site preserves. as identified on the PUD master plan. PlaUConstruction Plans or Site Development Plan. M. In coniunction with a Collier County approved Preserve Manaqement Plan. native veaetation c1earina may be approved only when it is to improve the native habitat or to improve listed species habitat. N. Conservation Collier proiects which may need minimal c1earina for parkinq. pathways for walkina. or structures that may not reauire site plan approvals. o. Early clearinq will be allowed as part of a final review of an SDP or PPL. after the Environmental Services Review Staff approves the necessary components of the proiect to ensure the appropriate environmental protection and preservation on site. This can only be allowed after the followina are completed and approved: 1) final confiauration and protection of the preserve is complete, 2) the conservation easements are completed and approved by both the environmental review staff and the county attorney's office. 3) the environmental review staff has approved the c1earina of the site throuah the site c1earinq/preservation plan. 4) copies of all applicable Federal. State. and Local permits must be submitted and reviewed aqainst the site clearinq/preservation plan. This early c1earinq does not authorize approval for excavation, spreadina fill. and qradinq. That must be approved throuah a preliminarv work authorization process in accordance with section Page 23 of 160 Words stl1iek through are deleted, words underlined are added 2 ~~ 10.02.04.4.f. If for any reason the underlyinq SDP or PPL is not approved, the property owner will be responsible for reveoetation of the site in accordance with Section 4.06.04.A.1.a.vii. * * * * * * * * * * * SUBSECTION 3.M. AMENDMENTS TO SECTION 3.05.07 Preservation Standards Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Section 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. * * * * * * * * * * * 3. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.C.: a. Om:ito '.votlands having an assossod functionality of 0.66 or groator; Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Onsite wetlands having an accepted WRAP score of 0.65 or a Uniform Wetland Mitigation Assessment Score of 0.7. * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. Page 24 of 160 Words struck through are deleted, words underlined are added t 2 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two- family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a Page 25 of 160 Words struek throagh are deleted, words underlined are added :. 2 certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not applY to tents. awninas. cabanas. utility storaae sheds. or screened enclosures not havina a roof impervious to weather. This shall not apply to interior remodelina of any existina structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. SUBSECTION 3.0. AMENDMENTS TO SECTION 3.06.06 Regulated Wellfields Section 3.06.06 Regulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field VVollfiold. B. City of Naples Coastal Ridge Well Field (Good lotto Road) 'lVellfiold. C. Collier County Utilities Golden Gate Well Field '-^/ollfield. D. Everglades City Well Field 'JVollfiold. E. Florida Governmental Utility Authority Golden Gate City Well Field '/Vator Troatmont Plant V\.Jollfiold. F. +Ae Orange Tree Well Field 'Nollfiold. G.lmmokalee Wator and Sowor District Well Field. '#ollfiolds drillod into tho Lowor Tamiami aquifers and Sandstono aquifers. Page 26 of 160 Words stmek tMo\:lgh are deleted, words underlined are added CITY OF NAPLES EAST GOLDEN GATE WELL FIELD 61Cv.ELL ROAC (C.R. 85B) Cll WELL ROAD (~R. 0838) H ,. .A("" / '" : 21 ~'" \ ....--- R..;NDALL ikj{,iiv7 (~"( i( ( \ t. \ ,......,g.....~~'".,. .,......,..,..-:.0 ! '";." ".".., .." ~ ;~> .~~ 2"",. , ) ;~~ ,.,~.~ ~~m"I_~:. '3'\ \ ",>s,,,,m.- << '.I' /, ,. .~\ \~~~ 7)) ) I I '" r?U~-~ \1' \> ~~I\ -ct <~~- \~ 1 \ .Jr" ~~-( -~~- ~~"\ 4 \ \ "' .DEN' r[BSJLEV"~ \"\ jJif';f;l <:\ '.. \ \ \ \ "'-'-- \ > 'r'>....< 'IBDULEYARD .. \J M ') . .... _ \ ;- ..." '--- ~ ? <-< ,"'" 7 '- \. '> '<l~ 'm'_' ,. '..m mmm b. '>> <. < ..,,-"," ......m~'.. ~.~6~~" ~:< < ?~__ ~_~:(,~ ... .~ 1 \,.~ : ~ ~ ,. < r '-.\ /1 '\ ~ / \, I I \'---~) ( I \ ~~/ / 10 ',20 /' V 27 I.....:i..'".."..~"'"'_.."........,...... .l<l 12 13 '. "i' \1 H Page 27 of 160 Words struek through are deleted, words underlined are added 2 .. -- '0 '. 22 .~' :.<' 2 CITY OF NAPLES COASTAL RIDGE WELL FIELD Page 28 of 160 Words straek thi"Ough are deleted, words underlined are added 2 COLLIER COUNTY UTiliTIES GOLDEN GATE WELL FIELD OIL \'lEU. ROAD . .."(cJciii8l..... ! .. ~Jlli I - ..........~_w;;;.., '._"" .".'...'...._.. p ~_...,.._.......... " II 2" .... 7/" -/~ "/ /T( \\).. / ow. ~..w..._.. .. I{(( ~~\ f !} (( Z]. J' /' \ I \ , \ i'}-A~l \ l' , ,-. "-"" ~~h ~~..~ . '1\, . " (<<ti~ J~~)/ , 0~ " \ . \_>D(~ ~v " \ ~L1( 7 III >- 15 ;. ( ) \ \ ././ 4_ \- '<S:~: "\ -"_.~" 1t1:{i..,..,. .. 1.. .. "y l I l'-L--'-C-"/ J2 l~ ~ " I ACl .........1 " " I y.~~. " ,..... . \" ) "/ " I" I :/ '" .. " " J5 1 ":'TATl.:"j _ ~,~.r~.~ ,-./5 Page 29 of 160 Words struek thro1:lgh are deleted, words underlined are added 2 .,.. EVERGLADES CITY WELL FIELD 11 32 35 ....m.....~.E:~........ 2 5 8 Page 30 of 160 Words struck through are deleted, words underlined are added 2 ... FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD 24 25 36 Page 31 of 160 Words struek through are deleted, words underlined are added 2 ORANGE TREE WELL FIELD 7 ,.....".,,,,,...,..,,,,,,,,,,,,,,,,,,,,,,,,,,,:,,,,,,,"',,,,,,,,, 18 ,,,_,::,,:,::.,,'>~~..m. Page 32 of 160 Words stl1:l6k through are deleted, words underlined are added " 2 i IMMOKALEE WELL FIELD 17 Page 33 of 160 Words struek through are deleted, words underlined are added * * * * * * 2 * * SUBSECTION 3.P. AMENDMENTS TO SECTION 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts Section 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principle PrinciDal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. * * * * * * * * * * * Table 2.1 - TABLE OF MINIMUM YARD REQUIRMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to Setback line measurement: minimum setback lines are tvpicallv measured from the leoal boundary of a lot. reoardless of all easements burdenina a lot. with the exception of easements that comprise a road riaht-of-wav where the minimum setback line is to be measured form the road right-of-wav easement line. Public School Re uirements GC None None None 50 30 50 E 75 30 75 RSF-1 50 30 50 RSF-2 0 20 30 aterfront Non- RSF-3 30 10 aterfront 25 7.5 RSF-4 5 10 7.5 RSF-5 25 10 7.5 RSF-6 25 10 7.5 RMF-6 S.F.25 NA 7.5 Page 34 of 160 Words l'ltruek through are deleted, words underlined are added ~~: 2 Duolex 25 ti8 1Q ~ 3 + units 30 NA 1Q.... g9- RMF-12 30 SL ~ 2L RMF-16 b 9- ~ ~ BL !L 9- !L ~ Waterfront Non- ~ S.F./MH 20 1Q waterfront gQ ~ Duolex 35 ~ ;ill ~ M.F.35 1Q 1Q ~ 1Q.... & Waterfront Non- MH1 ~ ~ ill... waterfront JJL 2L ~ li.. Waterfront Non- Non- TTRVC2 ~ Waterfront Naterfront ~ 1Q... ill... !L 1Q... waterfront ~ Residential Non- Residential Non- ~ ~ C-1 ~ ~ residential ~ residential 2L ~ 1Q.... &- C-2 ~ ~ 1Q.... ~ & 1L F-=- C-33 Q.. ~ 9- ~ !L 1L C-44 !L ~ 9- ~ !L 1L C-54 ~ ~ 1Q.... ~ 1Q.... 1L 14 ~ ~ ~ Q!L 1Q.... ~ '-- ~ Q!L ~ jJL Q!L ~ CON5 Q!L ~ Q!L E..... f 2L '- .:.... Residential Non- Residential Non- ~ ~ QL ~ ~ residential ~ residential 2L ~ 1Q.... See table of soecial desian reauirements for the aoolicable overlav district Overlav located in the aoorooriate section for that district in Chaoter 4. Districts Page 35 of 160 Words stmek through are deleted, words underlined are added 2 1MH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.: the minimum setback on any side from the exterior boundary of the park = 15ft. 2TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.: setback from an external street = 50 ft.. setback from an internal street = 25 ft.: setback from any buildinq or other structure = 10ft. 3C-3 District - minimum setback on any side that is waterfront = 25 ft.: setback for marinas = none. 4C_4. C-5 and I Districts - minimum setback on any side that is waterfront = 25 ft.: setback for marinas = none: setback on any side adiacent to a railroad riqht-of-wav = none 5Anv non-conformina platted lot of record in the CON District that existed before November 13. 1991 will be subiect to the followina standards: Front yard: 40 feet. Side yard: ten percent of the lot width. but no more than 20 feet on each side. Rear Yard: 30 feet. a = 50% of the buildinq heiqht. but not less than 15 feet. b = 50% of the buildina heiaht. but not less than 30 feet. c = 50% of the buildinq heiaht. but not less than 25 feet. d = 50% of the buildina heiqht. but not less than 25 feet. Structures 50 feet or more in heiqht = 25 feet plus one additional foot of setback for each foot of buildinq heiqht over 50 feet. e = the total of all side yard setbacks shall equal 20% of the lot width. with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved throuqh a unified plan of development involvina one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. f = the yard requirements shall be equal to the most restrictive adioinina district. x = for principal structures: 50 feet from all property lines: for accessory structures: 25 feet from all property lines. B. Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, beach frontage, waterways, lagoons, flood plains, nature trails, and other similar open spaces. open space areas shall also include those areas set aside for preservation of native vegetation and landscaped areas. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.02.23 Design Standards for Development in Activity Center #9 Zoning District Section 4.02.23 Design Standards for Development in Activity Center #9 Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.02.23 Design Standards for Development in Activity Center #9 Zoning District * * * * * * * * * * * * D. Landscaoe buffers adiacent to road riahts-of-wav. In addition to the requirements for a Tvpe D buffer. the followinq requirements shall applv: Page 36 of 160 Words stmek tltroagh are deleted, words underlined are added 2 1. Landscape buffers adiacent to Collier Boulevard. S.R. 84. (Davis Boulevard and Beck Boulevard) and within 400 linear feet of 1-75 riaht- of-way line: a. Shall measure a minimum of 25 feet in width. b. The reauired number of trees shall be supplemented bv an additional palm tree plantinq in the amount of 25 percent. c. Undulatina beds of ornamental arasses and/or around cover beds shall be incorporated for at least 30 percent of the reauired buffer strip area. d. All reauired trees shall be a minimum of 12 feet in heiaht. e. Where industrial land uses abut 1-75. an eiaht-foot hiah unified. opaaue. masonry wall is reauired. Landscape buffers shall be placed alona the street side of said wall. The wall shall be located at the edae of the landscape buffer farthest from the property line. 2. Landscape buffers adiacent to all other public streets: a. Shall measure a minimum of 15 feet in width. b. Undulatina beds of ornamental arasses and around cover beds shall be incorporated for a least 25 percent of the reauired buffer strip area. c. All reauired trees shall be a minimum of 12 feet in heiaht. 3. Landscape buffers. sianaae and liahtina fixtures in residential areas shall feature a unified desian at point of inaress/earess. I)... E. Lighting fixtures and signage within the Activity Center #9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 5.05.08 regardless of the gross building area. SUBSECTION 3.R. AMENDMENTS TO SECTION 4.03.02 Applicability Section 4.03.02 Applicability (Plats), of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section. Any division of land meetina the definition of subdivision which is not otherwise exempt by this section shall reauire the filina of a subdivision plat in accordance with the reauirements of Section 10.02.04 of this code. SUBSECTION 3.S. AMENDMENTS TO SECTION 4.05.04 Parking Space Requirements Page 37 of 160 Words straek tkrough are deleted, words underlined are added ~:f' 2 Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.05.04 Parking Space Requirements A. Requirements for off-street parking for uses not specifically mentioned in this division section shall be the same as for the use most similar to the one sought, or as otherwise determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off-street parking, unless specific provision is made to the contrary. B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes of this section only, the gross floor area inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half (4-1/2) shall require a full off- street parking space. SUBSECTION 3. T. AMENDMENTS TO SECTION 4.06.01 Trees and Vegetation Protection Section 4.06.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.01 Generally. A. Purpose and Intent * * * * * * * * * * * 2. Buffering and Screening. The purpose and intent of establishing landscape buffering and screening is to: * * * * * * * * * * * j. Promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation systems through xeriscape. k. In order to minimize negative effects between adjacent land Page 38 of 160 Words struck thro\:lgk are deleted, words underlined are added 2 uses, this di':ision section promotes the use of landscape buffers and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. buffering refers to a strip of land separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip. * * * * * * * * * * E. Landscaping Plans Required * * * * * * * * * * 3. The landscape architect must inspect and certify that all open space area. landscapina and the irriaation system are in substantial compliance with the landscape and irrioation plans approved as oart of the development order. Insubstantial chanoes to an approved landscape plan shall be approved throuoh the Insubstantial Chanoe process. SUBSECTION 3.U. AMENDMENTS TO SECTION 4.06.03 Landscaping Requirements for Vehicular Use Areas and RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and RIGHTS-OF-WAY, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.06.03 Landscaping Requirements for Vehicular Use Areas and RIGHTS- OF-WAY A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered of expanded except for re:striping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling unit, raw water wells, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be requires. Where a conflict exists between the strict application on this division Chapter/section and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. B. Standards for landscaping in vehicular use areas. * * * * * * * * * * 3. Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The Page 39 of 160 Words struek th.rough are deleted, words underlined are added :.:,. 2 ,- seven percent green space area must be in addition to other landscaping requirements of this diviEion section, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, non-prohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. SUBSECTION 3.V. AMENDMENTS TO SECTION 4.06.04 Trees and Vegetation Protection Section 4.06.04 Trees and VEGETATION Protection, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.06.04 Trees and Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.02. The Vegetation Removal Permit process is governed by section 3.05.04. 3.05.05. a. Permitted removal of vegetation or site filling with an approved Vegetation Removal and Site Filling Permit (VRSFP), Site Development Plans (SDP) or Plat and Construction Plans (PPL) i. For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation. ii To allow for safety during tree removal, if a developer owns contiguous single-family lots, the trees on the single family lots directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or Page 40 of 160 Words struek throagh are deleted, words underlined are added 2~-~ property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear up to ~ 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUO or project where the excavation is taking place when the following information has been submitted and approved with the SOP or PPL. Fill dirt mav be imported on to the site if there is no excess lake material qenerated on site. Imported fill dirt may be used towards the lot preparation of not more than 50 acres. per section 4.06.04.A.1.a.iiLc. a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road rights- of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans. Clearing of individual lots or blocks of lots may be approved. i) The limits of each separate stockpile must be clearly delineated and the area, height, cross- section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. ii) The type of vegetation to be removed must be shown on the drawing. iii) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. b) Site Development Plans (SDPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SOP or SIP site clearing plans. ii) Residential SDPs: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on SOP clearing plans Clearing of individual lots or blocks of lots may be approved. iiil Preliminary Clearinq and Excavation Permits (PCEP): Once the environmental review is complete and approved. the aoolicant may submit for a PCEP to allow for earlv c1earinq, excavation. and earthwork as per the work limits that are shown on the aoolicant's site plan. All requirements of Section 3.05.05.C.1. must be met. ill} M. The limits of each separate stockpile must be clearly delineated and the area, height, cross- Page 41 of 160 Words struek through are deleted, words underlined are added 2 section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. PI} Yl The type of vegetation to be removed must be shown on the drawing. .y.} ~ The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c) A portion of the ~ 100 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed 4() 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SOP or PPL approval prior. iv. No VRSFP will be issued without first submitting copies of all required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to ~ 100 acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional ~ 100 -acres to use excess lake material may be applied for with a new VRSFP application. vi. A VRSFP will be issued to authorize greater than ~ 100 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUO or project where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the form of a performance bond I letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. a) When fill is used to bring building lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control silt fencing. c) Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre, per day. d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per Page 42 of 160 Words struek through are deleted, words underlined are added 2 ~., acre with associated mid-story and ground cover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures. An applicant can seek approval by the Board of County Commissioners for a Board approved Vegetation Removal and Site Filling Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be granted a Board Approved VRSFP, the applicant must demonstrate to the Board, through a Schedule of Development Activities, that the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. All criteria in 4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply to the BCC approved permit. B. Protection of nati'Je vegetation on coastal barriers. Native vegetation retention or reyegetation shall be in compliance with the requirements of section 3.05.07 and shall incorporate at a minimum the preservation and revegetation standards as follo'lIs: 1. Native vegetation shall be preserved to the maximum extent possible. To the extent that native ~~eget3tion cannot be retained on site and the remaining nath.'e vegotation can be supplemented without degrading or damaging its natural function, then the existing nati~'e vegetation shall be supplemented '/lith compatible vegetation on site. 2. All beachfront land (jevelopment projects shall be required to re'legetate the (june where the dune is devoid of coastal dune vegetation. 3. /\11 land (je'Jelopment projeots shall provide 100 percent nati',le Southern Floridian species within their roquired landscaping and butroring standards as established 'Ilithin this section 4.06.00. '1. Appropriate coastal dune or strand vegotation shall bo required as tho only stabilizing medium in any coastal barrior dune or strand vegetation restoration program. g., B. Credit for Tree Preservation. Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 4.06.04 Q.; B. - 1. Fractional measurements shall be attributed to the next lowest category. Table 4.06.04 g., B. - 1. Calculation Of Tree Preservation Credits Existing Crown Spread of or Diameter of Tree at 4.5 Feet Above = Number of Preserved Trees Natural Grade Tree Credits 50 feet or areater or 26 inches or greater = 3 40 to 49 feet or 20 to 25 inches = 2 30 to 39 feet or 13 to 19 inches = 2 20 to 29 feet or 8 to 12 inches = 1* 10 to 19 feet or 2 to 7 inches = 1* Less than 10 feet or 1 1/2 to 2 inches = 1* *Credited against equivalent required tree only. * * * * * * * * * * * SUBSECTION 3. W. AMENDMENTS TO SECTION 4.06.05 General Landscaping Requirements Page 43 of 160 Words struek thnmgh are deleted, words underlined are added 2 ~ Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * B. Landscaping requirements for industrial and commercial development. * * * * * * * * * * * 6. Raw water well landscapina requirements. Screeninq and bufferina requirements are to be limited to the area surroundinq the raw water well installation. includina appurtenances such as security fencing. wall or well house. Canopy trees. as described in Section 4.06.05 B.1.. will not be required. Where equipment such as aenerators and antennas are visible above the surroundina fences or walls. trios of sabal palms with a minimum clear trunk heiqht of 8-12 feet must be planted 30" on center. Surroundinq fences or walls must have. at a minimum. ten (10) gallon shrubs. four (4) feet tall at time of plantina. placed four (4) feet on center alonq the exterior perimeter of the surroundina fence or wall. Stand alone well houses without perimeter fences or walls must have. at a minimum. two (2) rows of three (3) aallon shrubs. two (2) feet tall at time of plantina. placed three (3) feet on center and offset between rows. In all cases. mature veaetation must provide an eighty (80) percent sight-obscurinq screen equal to seventy-five (75) percent of the heiqht of the fencina or wall. as applicable. a. Native plant material must be used. to the maximum extent practicable, to meet the screenina and bufferina requirements of this sub-section and the chosen plant materials must be consistent with existinq native veqetation found on or near the raw water well site. with the followina exceptions: i. for any disturbed area required to construct a raw water well that is equal to or qreater than fifteen (15) feet from the edge of a well house or other structure. the disturbed area may be planted with a drouaht resistant sod. such as Bahia: or ii. for any disturbed area required to construct a raw water well that is less than fifteen (15) feet from the edqe of a well house or other structure. the disturbed area may be covered with a sufficient depth of qround cover such as orqanic mulch. shell or similar pervious material. b. Irriaation must be provided to ensure the establishment of installed plant materials and maintenance of said plant materials in perpetuity. The irriaation water may be provided by either a mechanical system. usina raw or potable water. or bY truck delivery and/or hand application. c. The owner. or his aaent. shall be responsible for the maintenance. repair and replacement of all plant materials required by the provisions of this section. If required plant material dies. it is the responsibility of the owner to replace it with plant material of the appropriate class within thirty (30) days. c. Plant Material Standards. 1. Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department Page 44 of 160 Words struek through are deleted, words underlined are added 2 ., of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. !: At least 75 percent of the trees and 50 percent of the shrubs used to fulfill these requirements shall be native Southern Floridian species, as determined by accepted valid scientific reference. For sites that are north and east of U.S. Highway 41, at least 35 percent of the shrubs used to fulfill these requirements shall be native Floridian species, as determined by accepted valid scientific reference. "Native Trees and Shrubs for Collier County List" is available for reference. For proposed land development projects on coastal shorelines and/or undeveloped and developed coastal barrier islands, all required landscaping shall be 100 percent native Southern Floridian species. b. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IFAS). Reference to be used in the native determination may include, but not be limited to: I I Long, RW., and O. Lakela, 1976. A Flora of Tropical Florida. Small, J.K., 1933. A Manual of the Southeastern Flora. Wunderlin, RP., 1982. Guide to the Vascular Plants of Central Florida. ~ Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference. 2. Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and rights-at-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. !: A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees may be substituted by palms (or palm equivalent) within the interior of a vehicular use area and within each individual Type D road right-at-way landscape buffer. Palms must have a minimum of ten feet of clear trunk at planting. b. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. * * * * * * * * * * Page 45 of 160 Words struek through are deleted, words underlined are added " 2 8. Site-specific plant material. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. The County Manager or his designee shall review and approve land plans based on the following criteria. Required plants used in the landscape design shall be: a. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance). b. Have noninvasive growth habits. c. Encourage low maintenance. d. Be otherwise consistent with the intent of this division section. * * * * * * * * * * 12. For a description of plants utilized for mitiaation. please see Section 10.02.06 E.3.c. 12. P.fants usod for Mitigation :lccording to tho procoeJuros sot out in Ch:lptors </ :lnd 10. a. All plants usod f-or mitigation shall bo nativo Florida spooios. b. All plants usod for mitigation shall bo from a logal source and be gradod Florida No. 1 or bettor, as gradod by tho Florida Departmont of I\griculture and Consumor Sorvicos' Grades and Standards for Nursory Plants (Charlos S. Bush, 1973, Part 1 and 2). All plants not listod in Grados and Standards for Nursery Plants shall oonform to a Florida No. 1 as to: (1) hoalth and vitality, (2) condition of foliago, (3) root systom, (1) freodom from post or mochanical damago, (5) hoavily branchod and donsoly foliatod according to the acooptod normal shapos of tho spooios or sport. Treos shall bo a minimum of 14 foot tall at tho timo of planting and shall havo a minimum dbh (diameter at breast height) of three inohos. c. Tho plants proposod for planting must bo tomporature tolorant to tho areas thoy are to bo planted in. The South Florida \'l/ater Managoment District's Xorisoapo Plant Guido II shall bo usod in dotormining tho tomporature tolorancos of tho plants. d. Tho oxisting soil types shall bo identifiod. Plants proposod for planting shall bo oompatiblo v.'ith the soil type. The 1954 or tho 1992 soil survoy of Collier County shall be used to determino if tho plants proposod for planting are oompatiblo with tho oxisting or proposed soil typos. e. Tho sourco and mothod of previding ':.'ator to tho plants shall bo indicatod on the plan and subjoct to reviow and appro'/a!. f. /\ program to control prohibited exotiG \'ogetation in tho mitigation area shall bo required. * * * * * * * * * * K. Irrigation system requirements. 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the Page 46 of 160 Words struek through are deleted, words underlined are added j. 2 required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as- needed basis only. Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to- head coverage unless specified by the manufacturer. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There are no operational requirements for irrigation systems utilizing effluent. All new residential, commercial, and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this division section. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section. L. Post-installation landscape certificate of compliance. All proiects which require the submission of landscape plans by a reaistered Landscape Architect must be inspected and certified that the landscapinq and irriaation systems meet or exceed the landscape and irriqation plans approved by the County as part of the develoDment order review process. Proof of certification shall be provided on a form approved by the County Manaaer or his desiqnee and must be submitted to the Enaineerina Services Department Director prior to the request for County inspection. This requlation applies to proiects submitted after fthe effective date of this ordinancel. SUBSECTION 3. X. AMENDMENTS TO SECTION 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES Section 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards and Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.0 0 Rural Lands Stewardship Areas Zoning Overlay District Standards and Procedures 4.08.01 Specific Definitions Applicable to the RLSA District Page 47 of 160 Words struek through are deleted, words underlined are added 2 As used in the RLSA District Regulations, the terms below shall have the following meanings, set forth below, to the exclusion of any meaninas ascribed to such terms in section 1.08.00: * * * * * * * * * * * * L. Incidental Clearina - Clearina of no more than 1 % of the area of an SSA. which is conducted to accommodate the ability to convert from one Aa 1 use to another Aa 1 use and which connects existina Aa 1 acres. sauares UP existina Aa 1 farm fields. or provides access to or from Aa 1 areas. b M. Landmark building. A prominent civic or institutional building that creates a significant community feature, focal point, or terminating vista. M N. Land Use - Land Cover Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS) (FLUCFCS) (FOOT 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321, 411, 4119,425,434,439,428); Group 3 (211, 212, 213, 214, 221, 222, 241, 242, 243, 250, 260, 261, 310, 329, 330, 422, 510, 521, 523, 533, 534); and Group 4 (all others). N O. Land Use Layer (Layer). Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. G P. Land Use Matrix (Matrix). The tabulation of the permitted and conditional land uses within the Baseline Standards set forth in Section 4.08.06 B.4., with each Land Use Layer displayed as a single column. p a. Listed Species Habitat Indices. One of the indices compnslng the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations of listed species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FLUCCS FLUCFCS, as 310,321,411,425,428,434, 617,6172,621,6218,6219,624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. Q R. Natural Resource Index (Index). A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, Proximity, Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land Cover. R S. Natural Resource Index Map Series (Index Maps). The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the GMP. s 1. Natural Resource Index Value (Index Value). The sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six (6) characteristics included in the Index. :+: U. Neighborhood Edge. A defining Context Zone that includes the least intensity and diversity within the town, village or hamlet. The zone is predominantly single-family residential and recreational uses. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. Page 48 of 160 Words struElk through are deleted, words underlined are added r": 2 y V. Neighborhood General. A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space. v. W. Neighborhood Goods and Services Zone. Zone located within the Neighborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkability. w X. Open space. Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, flood plains, nature trails, native vegetation preserves, landscape areas, public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be counted as part of any open space calculation. x Y. Pathway. A defined corridor for the primary use of non-motorized travel. ~~. Post Secondary Institution Ancillary Uses. Any use or facility owned by a public or private post secondary institution that is of a type commonly found on public or private post secondary institution campuses. ~ AA. Proximity Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve. AA BB. Restoration Potential Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species habitat. B8 CC. Restoration Zone. Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. GG DD. RLSA District. Rural Lands Stewardship Area Zoning Overlay District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line. 00 EE. RLSA Overlay Map. The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open. €eFF. RLSA District Regulations. LDC Section 4.08.00. ~ GG. Soils/Surface Water Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon soil types classified using the following Natural Soils Landscape Positions (NSLP) categories: Page 49 of 160 Words struek through are deleted, words underlined are added 2 Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and 11). GG HH. Special Districts. An area dedicated for certain uses that cannot be incorporated into one of the Context Zones. Special Districts provide for the inclusion of unique uses and development standards not otherwise defined in a context zone. MH l!. SRA - Stewardship Receiving Area. A designated area within the RLSA District that has been approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits. U JJ. SSA - Stewardship Sending Area. A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. JJ KK. Stewardship Credit (Credit). A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in Section 4.08.06 B. KK LL. Stewardship Credit Database. A database maintained by the County that keeps track of all of the credit transactions (generation of Credits through SSA designation and the consumption of credits through SRA designation) approved by the County. bb MM. Stewardship Credit System. A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. MM NN. Stewardship Credit Worksheet. An analytical tool that manually describes the Stewardship Credit calculation process including the Natural Resource Index and Land Use Layer components. The worksheet can be used to document proposed changes to the Index component during the SSA and SRA designation processes. NN 00. Stewardship Overlay Designation. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where Land Use Layers 1 through 3 are removed, Restoration Zone. Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher value but shall not receive value for both designations. GG PP. Story. That portion of a building included between a floor which is calculated as part of the building's habitable floor area and the floor or roof next above it. p.p. QQ. Story, half. The designation of a space on the upper level of a building in which the walls at the eaves are zero to four feet. QQ RR. Town. Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns are comprised of several Villages and/or neighborhoods that have individual identity and character. Page 50 of 160 Words simok through are deleted, words underlined are added 2 AA SS. Town Center. A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of the Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods. sa TT. Town Core. A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. ++ UU. Village. Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. w VV. Village center. A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and services, culture and entertainment, and residential uses. WWW.WRA-WaterRetentionArea.Privately owned lands delineated on the RLSA Overlay Map, that have been permitted by the SFWMD to function as agricultural water retention areas and that provide surface water quality and other natural resource value. SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.08.05 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.05 Baseline Standards Lands '.^!ithin the RLSA District Prior to Silt or SRA Designation All lands within the RLSA District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA, lands within the RLSA District shall remain subject to the Baseline Standards. A. PUf/Jose and intent These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subiect to the transfer or receipt of Stewardship Credits. except as to those aaricultural uses subiect to sections 163.3162(4) and 823.14(6). Florida Statutes. The Baseline Standards are intended to protect water quality and quantity, maintain the natural water reqime. and protect listed animal and plant species and their habitats on land that has not been desianated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Proaram, as well as the riaht to sell conservation easements or a fee or lesser interest in the land. shall constitute compensation for the loss of any develoDment riqhts related to these standards. B. Aoolicabilitv of code. Except as otherwise specifically provided in this section 4.05.00, those provisions of this Code in effect as of July 25. 2000. shall apply to all land within the RLSA District unless or until such lands become subiect to the transfer or receipt of Stewardship Credits. C. Private lands delineated FSAs. HSAs. and WRAs. Lands delineated FSA. HSA. or WRA on the RLSA overlay map have been identified throuah data and analysis as havina a hiaher quality natural resource value than those lands not delineated. Althouah any land within the RLSA District can be desianated as an SSA. aenerally those lands delineated FSAs. HSAs. and WRAs are the most likely candidates for Page 51 of 160 Words stmek through are deleted, words underlined are added 2 desianation because of the hiaher credit values applied to lands with those delineations. D. Private lands delineated as open. Lands not otherwise classified as FSA, HSA. or WRA are delineated as "open" on the RLSA overlav map and are aenerallv of a lower natural resource qualitv. Open lands mav be desianated as either SSAs or SRAs. E. Area of critical state concern (ACSC). The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA overlav map and are eliaible for desianation as SRAs, subiect to additional standards set forth in subsection 4.08.07 A.2. All ACSC reaulations continue to applv to ACSC lands within the RLSA District reaardless of desianation. F. Public or private conservation lands. Those lands within the RLSA District that are held in public ownership or in private ownership as conservation lands mav be delineated on the RLSA overlav map as FSA, HSA. or WRA but are not eliaible for desianation as either an SSA or SRA. 1\. Baseline Standards. Tho Baselino Standards shall apply until lands 'f.'ithin tho RLS/\ District aro voluntarily dosignatod as an S5J\ or 5RA and shall romain in offect for all land not subjoct to the transfor or rocoipt of Stowardship Credits. 8. G. No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. C. Lands \^Jithin tho RLS/\ District Not Dosignatod 55/\ or SRA Subjoot to Spocial Environmontal Standards. In order to protoot wator quality and quantity and maintonanoo of the natural wator rogime in aroas mappod as FS!\s on tho RLS/\ Ovorlay Map prior to tho timo that they aro dosignatod as SS:"s under tho Stm'.'ardship Credit Program, Rosidential Uses, Goneral conditional uses, Earth Mining and Procossing Usos, and Rocroational Usos (Layors 1 4) as Iistod in Soction 4.08.06 B. shall not bo pormittod in FS,^,s v.'ithin tho RLS/\ Distriot. conditional use essential services and govornmontal essential services, oxcopt thoso nocessary to sorvo pormitted usos or for public safoty, shall only bo allowod in FSAs with a Natural Resourco Stowardship Indox value of 1.2 or loss. In ordor to protoot wator quality and quantity and maintonanoo of tho natural '....aler rogimo and to protect listod animal and plant spooios and thoir habitats in aroas mappod as FSl\s, HSl\s, and \NRJ\s on tho RLS/\ Ovorlay Map that aro not within tho /\CSC, tho uso of such land for a non agricultural purposo undor tho Basolino Standards shall bo subjoct to onvironmontal rogulations implomonting Policios 5.1 through 5.6 of tho RL5^ O'.'orlay, If.'hich rogulations shall be adoptod by Dooomber 13, 2003. H. Allowable uses. The permitted. accessory, and conditional uses allowed shall be those set forth in section 2.03.00 in effect as of Julv 25. 2000. with the followina exceptions: 1. Residential Uses. General conditional uses. Earth Minina and Processina Uses, and Recreational Uses (lavers 1--4) as listed in the Matrix at section 4.08.00 shall be eliminated in all FSAs. as provided in Page 52 of 160 Words struek through are deleted, words underlined are added 2 section 4.08.00. 2. Conditional use essential services and aovernmental essential services. except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with an Index value of 1.2 or less. as provided in section 4.08.00. 3. Directional-drillina techniaues and/or previously cleared or disturbed areas shall be utilized for oil and aas exoloration and oil and aas field develooment and oroduction activities in FSAs and HSAs in order to minimize impacts to native habitats. when determined to be practicable. This reauirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 throuah 62C-30, F.A.C.. reaardless of whether the activity occurs within the Sia Cypress Watershed. as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permittina reauirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and aas permits for proposed oil and aas activities in Collier County. so lona as the state permits comply with the reauirements of Chapter 62C-25 throuah 62C-30. F.A.C. For those areas of Collier County outside the boundary of the Sia Cypress Watershed. the aoolicant shall be responsible for convenina the Sia Cypress Swamp Advisory Committee as set forth in Section 377.42. F.S.. to assure compliance with Chapter 62C-25 throuah 62C-30. F.A.C.. even if outside the defined Sia Cypress Watershed. All oil and aas access roads shall be constructed and protected from unauthorized uses accordina to the standards established in Rule 62- 30.005(2)(a) 1 through 12. F.A.C. 4. Asphaltic and concrete batch makina plants shall be prohibited in areas mapped as HSAs. I. Standards applicable inside the ACSC. RLSA District lands within the ACSC shall be subiect to all ACSC reaulatory standards. includina those that strictly limit non-aaricultural c1earina. J. Standards applicable outside the ACSC. Except to the extent superceded by L. or M. below. the followina standards shall apply to all develooment within those areas of the RLSA District that are outside of the ACSC. other than aaricultural operations that fall within the scope of sections 163.3162 (4) and 823.14 (6). F.S.. and sinale family residential dwellinas. unless or until such lands are subiect to transmittal or receipt of Stewardship Credits: 1. A wildlife survey. as set forth in Chapter 10. shall be reauired for all oarcels when listed species are known to inhabit bioloaical communities similar to those existina on site or where listed species are directly observed on the site. 2. If listed species are directly observed on the site of the proiect or are indicated by evidence. such as dennina. foraaina. or other indications, first priority shall be aiven to preservina the habitat of such listed species a minimum of 40% of native yeaetation on site shall be retained. with the exception of c1earina for incidental purposes. 3. If the wildlife survey indicates that listed species are utilizina the site. or the site is capable of supportina and is likely to support listed species. a wildlife habitat manaaement plan shall be prepared and submitted to the County. a. The wildlife habitat manaaement plan within the RLSA District shall include the followina techniaues to protect listed species from the neaative impacts of develooment: Page 53 of 160 Words struek through are deleted, words underlined are added 2 i. ODen SDace and veaetation preservation reauirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. ii. Fencina. walls, other obstructions. or other provisions shall be used to minimize develoDment impacts to the listed species and to encouraae wildlife to use wildlife corridors. iii. Roadways crossinas. underpasses, and sianaae shall be used where roads must cross wildlife corridors. b. The wildlife habitat manaaement plan shall also incorporate the followina: i. A description of the techniaues used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above. as applicable: ii. Identification of appropriate liahtina controls for permitted uses and a consideration of the opportunity to utilize prescribed burnina to maintain fire-adapted preserved veaetation communities and provide browse for white- tailed deer. consistent with the UFWS South Florida Multi- Species Recover Plan. May 1999. except as recommended otherwise by the UFWS or FFWCC; and iii. If the develoDment will be laraer than 10 acres. a monitorina proaram. c. The followina references shall be used. as appropriate. to prepare the wildlife habitat manaaement plan: i. South Florida Multi-Species Recovery Plan. USFWS. 1999. ii. Habitat Manaaement Guidelines for the Bald Eaale in the Southeast Reaion. USFWS. 1987. iii. Ecoloay and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Larae Scale develoDment in Florida, Technical Report No.4. Florida Game and Fresh Water Fish Commission. 1987. iv. Ecoloay and develoDment-Related Habitat Reauirements of the Florida Scrub Jay (Apelocoma coerulescens). Technical Report No.8. Florida Game and Fresh Water Fish Commission. 1991. v. Ecoloay and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Larae-scale develoDment Sites in Florida. Nonaame Technical Report No. 13. Florida Game and Fresh Water Fish Commission, 1993. d. The followina species specific provisions shall be included within the wildlife habitat manaaement plan if the wildlife survey indicates that the identified species utilizes the site or the site is Page 54 of 160 Words stmek through are deleted, words underlined are added 2 capable of supportinQ and is likely to support such species: i. Gopher tortoise. For Darcels containinq Qopher tortoises (Gopherus polyphemus), priority shall be qiven to protectinQ the larqest. most contiQuous Qopher tortoise habitat with the qreatest number of active burrows. and for providinQ a connection to off site adiacent Qopher tortoise preserves. ii. Florida scrub iay. Habitat preservation for the Florida scrub iay (Aphelocoma coerulescens) shall conform to the quidelines contained in Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance proqram shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness proaram to educate residents about the on- site preserve and the need to maintain the scrub veaetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. iii. Bald eaQle. For the bald eaale (Haliaeetus leucocephalus), the required habitat manaaement plans shall establish protective zones around the eaale nest restrictina certain activities. The plans shall also address restrictinq certain types of activities durinq the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999. iv. Red-cockaded woodpecker. For the red-cockaded woodpecker (Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse imDacts to active clusters and to minimize impacts to foraqina habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitiqate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. v. Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present. the manaqement plans shall require that qarbaae be placed in bear-proof containers. at one or more central locations. The manaaement plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. MitiQation for impactinQ habitat suitable for black bear shall be considered in the manaqement plan. vi. Panther. For proiects located in Priority I or Priority II Panther Habitat areas. the manaqement plan shall discouraqe the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor COryn by directina intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn. these areas shall be buffered from the most intense land uses of the proiect by usinq low intensitv land uses (e.Q.. parks, passive recreational areas, Qolf courses). Page 55 of 160 Words struek through are deleted, words underlined are added 2 ,to 4. On property where the wildlife survey establishes that listed species are utilizinq the site or where the site is capable of supportina listed species and such listed species can be anticipated to potentially OCCUpy the site, the County shall. consistent with the RLSA Overlay of the GMP. consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuinq development orders. It is recoanized that these aaency recommendations. on a case-bY-case basis may chanqe the reauirements contained herein and any such chanqe shall be deemed consistent with this Code. K. Golf course standards. Except as otherwise reauired by L. or M. below. all qolf courses within the RLSA District that are not within an SRA shall be subiect to the followinq reauirements: 1. Golf courses shall be desianed, constructed. and manaqed in accordance with Audubon International's Gold Siqnature Proaram. The proiect shall demonstrate that the Principles for Resource Manaaement reauired by the Gold Siqnature Proaram (Site Specific Assessment. Habitat Sensitivity. Native and Naturalized Plants and Natural Landscapinq, Water Conservation. Waste Manaaement. Enerqy Conservation & Renewable Eneray Sources, Transportation. Greenspace and Corridors, Aqriculture. and buildina Desiqn) have been incorporated into the aolf course's desiqn and operational procedures. In addition to addressinq these reauirements. qolf courses shall meet the followinq specific criteria: a. In order to prevent the contamination of soil. surface water and qround water by the materials stored and handled by qolf course maintenance operations. qolf courses shall comply with the Best Manaqement Practices for Golf Course Maintenance Departments. prepared by the Florida Department of Environmental Protection. May 1995. b. To protect qround and surface water auality from fertilizer and pesticide usaqe. qolf courses shall demonstrate the followina manaqement practices: i. The use of slow release nitroaen sources: ii. The use of soil and plant tissue analysis to adiust timing and amount of fertilization applications: iii. The use of an inteqrated pest manaqement proaram usinq both bioloqical and chemical aqents to control various pests: iv. The coordination of pesticide applications with the timina and application of irriqation water: and v. The use of the procedure contained in IFAS Circular 1011. Manaaina Pesticides for Golf Course Maintenance and Water Qualitv Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water auality. 2. To ensure water conservation. aolf courses shall incorporate the followina in their desian and operation: a. Irriqation systems shall be desiqned to use weather station Page 56 of 160 Words struok through are deleted, words underlined are added 2 information and moisture-sensina systems to determine the optimum amount of irriaation water needed considerina soil moisture and evapotranspiration rates. b. As available. aolf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its policies; c. Native plants shall be used exclusively except for special purpose areas such as aolf areens, fairways. and buildina sites. Within these excepted areas, landscapina plans shall reauire that at least 75% of the trees and 50% of the shrubs be freeze- tolerant native Floridian species. At least 75% of the reauired native trees and shrubs shall also be drouaht tolerant species. 3. Stormwater manaaement ponds shall be desianed to mimic the functions of natural systems: by establishina shorelines that are sinuous in confiauration in order to provide increased lenath and diversity of the littoral zone. A Littoral shelf shall be established to provide a feedina area for water dependent avian species. The combined lenath of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area reauirements. on an acre- to- acre basis. shall be aiven for littoral shelves that exceed these littoral shelf area reauirements. L. Standards applicable in FSAS. HSAS. and WRAS that are outside of the ACSC. The provisions of Chapters 3. 4. and 10 in effect as of July 25.2000. shall apply to FSAs. HSAs. and WRAs that outside of the ACSC. with the followina exceptions: 1. Site clearina and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes. any non permeable surface areater than one acre shall provide for release of surface water run off. collected or uncollected. in a manner approximatina the natural surface water flow reaime of the surroundina area. 3. Roads shall be designed to allow the passage of surface water flows throuah the use of eaualizer pipes. interceptor spreader systems or performance eauivalent structures. 4. Reveaetation and landscapina of cleared areas shall be accomplished with predominantly native species and plantina of undesirable exotic species shall be prohibited. M. Standards applicable to wetlands outside of FSAS. HSAS. WRAS. and the ACSC. Wetlands located outside of FSAs, HSAs. WRAs. and the ACSC shall be preserved in accord with the followina criteria: 1. The veaetative preservation reauirement set forth in J.2. above shall first be met throuah preservation of wetlands havina a functionality assessment score of 0.65 or areater. Applicants shall establish the wetland functionalitv score of wetlands usina the South Florida Water Manaaement District's Unified wetland Mitiaation Assessment Method. F.A.C. 62-345. Upland veaetative communities mav be utilized to meet the veaetative, open space. and site preservation reauirements when the wetland functional assessment score of on- site wetlands is less than 0.65. 2. Wetlands utilized by listed species or servina as corridors for the movement of listed species shall be preserved on site. Page 57 of 160 Words struck through are deleted, words underlined are added rr 2 3. Wetland flowwav functions throuah the proiect shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely chanae the hydroperiod of preserved wetlands on or offsite and detention and control elevations shall be set to protect surroundina wetlands and be consistent with surroundina land and proiect control elevations and water tables. In order to meet these reauirements, proiects shall be desianed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review. January 2001. 5. All direct impacts shall be mitiaated for as reauired by applicable federal or state aoencies and in the same manner as set forth in section 4.06.04 of this Code. 6. Sinole family residences shall follow the reauirements contained within Policy 6.2.7 of the Conservation and Coastal Manaoement Element. 7. Appropriate bufferina shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot veaetated upland buffer is reauired adjacent to a natural water body and for other wetlands a minimum 25-foot veaetated upland buffer adjacent to the wetland. A structural buffer. consistina of a stem-wall. a berm. or a veaetative hedae with suitable fencina. may be used in coniunction with a veaetative buffer that would reduce the veoetative buffer width by 50%. A structural buffer shall be reauired adjacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the followina standards: a. The buffer shall be measured landward from the approved iurisdictionalline. b. The buffer zone shall consist of preserved native veaetation. Where native veaetation does not exist. native veaetation compatible with the existina soils and expected hydroloaic conditions shall be planted. c. The buffer shall be maintained free of Cateaory I Exotics. d. The followina land uses are considered to be compatible with wetland functions and are allowed within the buffer: i. Passive recreational areas. boardwalks and recreational shelters: ii. Pervious nature trails: iii. Water manaaement structures: iv. Mitiaation areas: v. Any other conservation and related ODen SDace activity or use which is comparable in nature with the foreaoina uses. 8. Mitiaation Reauirements. Mitiaation shall be reauired for direct impacts to wetlands. such that the wetland functional score of the mitiaation eauals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be oiven to mitiaation within FSAs and HSAs. Page 58 of 160 Words struek through are deleted, words underlined are added 2 b. Loss of storaae or conveyance volume resultina from direct impacts to wetlands shall be compensated for by providina an equal amount of storaae or conveyance capacity on site and within or adiacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland veaetative communities offered as mitiaation by placina a conservation easement over the land in perpetuity, providinQ for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plant Council) and continuina exotic plant maintenance, or by appropriate ownership transfer to a state or federal aaency alonQ with sufficient fundina for perpetual manaaement activities. 9. Prior to issuance of any final development order that authorizes site alteration. the applicant shall demonstrate compliance with paraaraphs 8.a. throuah 8.c. above, as applicable. If state or federal aaency permits have not provided mitiaation consistent with paraaraphs 8 above, the County shall require mitiaation exceedina that of the iurisdictional aaencies. 10. Wetland preservation, buffer areas, and mitiQation areas shall be identified or platted as separate tracts. In the case of a Planned Unit development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Cateaorv I Exotics. Land uses allowed in these areas shall be limited to those identified in 7.d. above. SUBSECTION 3. Z. AMENDMENTS TO SECTION 4.08.06 SSA Designation Section 4.08.06 SSA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.06 SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations: * * * * * * * * * * * 2. FSA Delineated Lands. * * * * * * * * * * * c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in tho Florida Adminstrative Codo Chapter 62C-25 throuah 62C-30, F.A.C.. as those rules existed on . 2005 (the effective date of this provision), regardless of whether the F5A in 'Nhich OIL AND GAS EXPLORATION and oil and gas field DE'1IiLOPM&NT and production activitios is activity occurs within the Big Cypress Swamp as defined in Rule 62C-30.00H2), F.A.C. All applicable Collier County environmental permittinQ requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state permits for proposed oil and aas actitivies in Collier County, so Ion a as the state permits comply with the requirements of Chapter 62C-25 throuQh 62C-30. FAC. For Page 59 of 160 Words struck through are deleted, words underlined are added 2- those areas of Collier County outside the boundary of the Bia Cypress Watershed, the applicant shall be responsible for convenina the Bia Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 throuah 62C-30, F.A.C. even if outside the defined Bia Cypress Watershed. All oil and aas access roads shall be constructed and protect from unauthorized uses accordina to the standards established in Rule 62C-30.005(2)(a)1 throuah 12, FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florid:] Adminstr:]tive Code Chapter 62C-25 throuah 62C-30, F.A.C.. as those rules existed on January 14. 2005, regardless of whether the FSA in which oil and gas exploration and oil and gas field DEVELOPMENT and production activities is within the Big Cypress Swamp as defined in Rule 62C-30.001(2), F.A.C. For those areas of Collier County outside the boundary of the Bia Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 throuah 62C-30, F.A.C. even if outside the defined Bia Cypress Watershed. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. * * * * * * * * * * * e. Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental c1earinq as set forth in f. below. f. Incidental c1earinq is permitted, provided that the Aa 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adiusted to reflect the proposed chanae in land cover. In the even said incidental clearinq impacts lands havina a Natural Resource Index Value in excess of 1.2. appropriate mitiaation shall be provided. 3. HSA Delineated Lands. a. In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated. b. General conditional uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. c. In addition to the requirements imposed in the LDC for approval of a conditional use, uses listed in b. above will only be approved upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and Page 60 of 160 Words struek through are deleted, words underlined are added ~... 2 ' . adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following: (1) Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. (2) Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas. (3) Buffering to Conservation Land shall comply with Section 4.08.07 J.6.1 O. * * * * * * * * * * g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in HSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in tho Florid:) ,^.dminstr:)tive Codo Chapter 62C-25 throuah 62C-30. F.A.C.. as those rules existed on . 2005 (the effective date of this provision). regardless of whether the HSJ\ in which Oil AND GAS EXPLORATION and oil and g:)s fiold DEVELOPMENT :)nd production :)otivitios is activity occurs within the Big Cypress Swamp as defined in Rule 62C-30.001 (2). F.A.C. All applicable Colier County environmental permittinq requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and qas permits for proposed oil and qas activities in Collier County. so long as the state permits comply with the requirements of Chapter 62C-25 throuah 62C-30. FAC. For those areas of Collier County outside the boundary of the Bia Cypress Watershed. the applicant shall be responsible for convenina the Bia Cypress Swamp Advisory Committee as set forth in Section 377.42. F.S.. to assure compliance with Chapter 62C-25 throuah 62C-30. F.A.C. even if outside the defined Bia Cypress Watershed. All oil and qas access roads shall be constructed and protected from unauthorized uses accordina to the standards established in Rule 62C-30.005(2)(a)1 throuah 12. FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities. h. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida DEP, which standards shall be adopted by December 13, 2003. i. Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental c1earina as set forth in f. below. 1. Incidental clearina is permitted. provided that the Aq 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adiusted to reflect the proposed chanae in land cover. In the even said incidental c1earinq impacts lands havina a Natural Resource Index Value in excess of 1.2. appropriate mitiqation shall be provided.. Page 61 of 160 Words struck thrO\:1gh are deleted, words underlined are added 24 * * * * * * * * * * C. SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: * * * * * * * * * * * 4. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: * * * * * * * * * * f. FOOT Florida Land Use Cover and Forms Classification System (FLUCCS) (FLUCFCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable; * * * * * * * * * * 7. Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits of the SSA Credit Agreement as attachments: a. The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land; b. The Stewardship easement Agreement on the SSA lands, describing the land uses remaining on the land; c. A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section '1.08.04 C.5 4.08.06 C.S. * * * * * * * * * * SUBSECTION 3. AA. AMENDMENTS TO SECTION 4.08.07 SRA Designation Section 4.08.07 SRA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.07 SRA Designation SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. dDensity and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending Page 62 of 160 Words struok throMgh are deleted, words underlined are added ...t' 2 .. provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.0aI 0.11. Any change in the residential density or non-residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the parcel of land. * * * * * * * * * * * A. Lands Within the RLSA District that can be Designated as SRAs. 1. Suitability Criteria * * * * * * * * * * * g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 1.08.05(J)(6) 4.08.07 J.6. An SRA may be contiguous to, or encompass a WRA. * * * * * * * * * * * B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 4.08.0aI B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. * * * * * * * * * * * e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 4.08.044 B., and transferred to an SRA subject to the limitations contained in this Section. * * * * * * * * * * * C. Forms of SRA developments. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0aI J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent Page 63 of 160 Words struek through are deleted, words underlined are added ~., f 2 possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2. Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0a1 J.1. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.0a1 A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single- family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 4.08.0a1 J.1. Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.0a1 A.2. 4. Compact Rural developments (CROs). Compact Rural development (CRO) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRO may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRO will conform to the characteristics of a Village or Hamlet as set forth in Section 4.08.0a1 J.1. based on the size of the CRO. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRO that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 4.08.0a1 C.2. or 3. * * * * * * * * * * * b. CROs within the ACSC. The CRO form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.0a1 A.2. 5. Proportion of Hamlets and CROs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CROs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than five (5) of any combination of Hamlets and CROs of 100 acres sf or less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five (5) of any combination of Hamlets and CROs of 100 acres sf or less may approved for each subsequent Village or Town approved. Page 64 of 160 Words struek through are deleted, words underlined are added r~. 2 f~ , 6. SRAs as Part of a development of Regional Impact (DRI). SRAs are permitted as part of a DRI subject to the provisions of S 380.06, F.S. and the RLSA District Regulations. a. An SRA Designation Application may be submitted simultaneously with a Preliminary development agreement application that occurs prior to a DRI Application for development Approval (ADA). In such an application, the form of SRA development shall be determined by the characteristics of the DRI project, as described in the PGA ADA. * * * * * * * * * * * D. SRA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the followinq: * * * * * * * * * * * 3. Natural Resource Index Assessment. An assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: * * * * * * * * * * * h. Demonstrate compliance with the Suitability Criteria contained in Section 4.08.0aZ A.1. * * * * * * * * * * * 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: * * * * * * * * * * f. FLUCCS FLUCFCS map(s) delineating the area being designated as an SRA; * * * * * * * * * * * 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 4.08.0aZ G. 6. SRA development Document. A development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA development Document shall be consistent with the requirements of Section 4.08.0aZ H. 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 4.08.0aZ K. 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Page 65 of 160 Words stmek thfol:lgh are deleted, words underlined are added 2 ~ Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 4.GB.GaI L. * * * * * * * * * * * E. SRA Application Review Process. 1. Pre-Application Conference with County Staff: * * * * * * * * * * b. Consideration of suitability criteria described in Section 4.GB.GaI A.1. and other standards of this Section; * * * * * * * * * * * 2. Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.GB.GaI D. * * * * * * * * * * * H. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. * * * * * * * * * * * 2. The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: * * * * * * * * * * * k. Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 4.GB.GaI J.; * * * * * * * * * * * J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in 99 163.3177 (11), F.S. and Chapter 9J-5.GG6(5)(I), F.A.C.. The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density Bonus as referenced in the density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. 1. SRA Characteristics. Characteristics for SRAs designated within the Page 66 of 160 Words struClk through are deleted, words underlined are added -'~1l fI" .," t 2 RLSA District have been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 6. below. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart * * * * * * * * * * * * Towns are prohibited within the ACSC, per polioy 4.7.1 of the Goals, Objectives, and Polioies section 4.08.07 A.2. of this code. ** Villages, Hamlets, and Compact Rural developments within the ACSC are subject to location and size limitations, per polioy 4.20 section 4.08.07 A.2. of this code, and are subject to Chapter 28-25, FAC. * * * * * * * * * * * 8. Requests for Deviations from the LDC. The SRA development Document may provide for nonprocedural deviations from the LDC, provided that all of the following are satisfied: a. The deviations are consistent with the RLSA Overlay; b. The deviations further the RLSA District Regulations and are consistent with those specific Design Criteria from which Section 4.08.0aI J.2. - 5. expressly prohibits deviation; and c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in ~~ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(L), F.A.C. * * * * * * * * * * K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.0aI L. Impact assessments shall be prepared in the following infrastructure areas: * * * * * * * * * * * 7. Public schools. The aoolicant shall coordinate with the Collier County School Board to provide information and coordinate planninq to accommodate any impacts that the SRA has on public schools. As part of the SRA application. the followinq information shall be provided: a. Number of residential units by type: b. An estimate of the number of school-aqed children for each type of school impacted (elementary. middle. hiqh school): and c. The potential for located a public educational facility or facilities within the SRA, and the sites of any sites that may be dedicated or otherwise made available for a public educational facility. Page 67 of 160 Words struek through are deleted, words underlined are added 2 L. SRA Economic Assessment. No change. 1. Demonstration of Fiscal Neutrality. * * * * * * * * * * * b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an alternative fiscal impact model using a methodology approved by Collier County. The model methodology will bo consistent 't1ith the Fiscal Impaot I\nalysis Model ("FlAM") developod by the State of Florida or Il.'ith Burcholl et aI., 1994, development I\ssessment Handbook (ULI). The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. * * * * * * * * * * * M. The BCC may. as a condition of approval and adoption of an SRA development. require that suitable areas for parks. schools, and other public facilities be set aside. improved. and/or dedicated for public use. When the BCC requires such a set aside for one or more public facilities. the set aside shall be subiect to section 2.03.06. in the same manner as are public facilitv dedications required as a condition of PUD rezoninqs. SUBSECTION 3. BB. AMENDMENTS TO SECTION 4.08.08 Baseline Standards Section 4.08.08 Baseline Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.08 8aseline Standards A Purposo ::md intont. These Basoline Standards will romain in ofloct for all I3nd within the RLS/\ Distriot unless or until suoh land bocomes subject to the transfer or roooipt of Stov.'ardship Credits, except as to those agricultural uses subjoct to soctions 163.3162(4) and 823.14(6), Florida Statutes. Tho Baseline Standards aro intended to protoct wator quality and quantity, maintain tho natural wator regime, and protoct listod animal and plant species and thoir habitats on I3nd that has not boen designated as an SS^ or SRA Tho opportunity to voluntarily participate in the Stewardship Credit Program, as well as tho right to sell conservation easements or a fee or lossor intorost in the land, shall constituto componsation for the loss of any de',elopment rights rolated to these standards. B. I\pplicability of code. Except as othorwiso specifically provided in this section 4.08.00, thoso provisions of this Code in ofloct as of November [], 1999, shall apply to all land within tho RLSl\ District unless or until such lands bocomo subjeot to tho transfor or receipt of Stowardship Credits. C. 1\!/oVl{lbJo USDS. The permittod, acoossory, and oonditional uses allowod shall be thoso set forth in seotion 2.03.00 in offoot as of Novembor [], 1999, with the following exceptions: 1. Residential Usos, Gonoral conditional uses, Earth Mining and Prooessing Uses, and Recreational Uses (layers 1 4) as listod in the Matrix at section 4.08.00 shall be eliminatod in all FS/\s, as pro':ided in section 4.08.00. 2. Conditional use essential sel":ices and governmental ossential services, except those neoossary to sorve permittod uses or for public safoty, shall only bo allowed in FS/\s with an Index valuo of 1.2 or loss, as provided in soction 4.08.00. Page 68 of 160 Words stmek thnmgh are deleted, words underlined are added 2 " 3. Diroctional drilling tochniques and/or previously cloarod or disturbod aroas shall bo utilized for oil and gas exploration and oil and gas fiold de',:elopment and production activitios in FSJ\s and HSJ\s in ardor to minimizo impacts to nativo habitats, whon dotorminod to bo practicablo. This requiromont shall be doomod satisfiod upon issuanco of a state pormit in complianoe with tho oriteria ostablishod in Chapter 62C 25 through 62C 30, F.AC., regardloss of whethor tho activity ocours ':lithin tho Big Cypross \^latorshod, as dofinod in Rulo 62C 30.001(2), F.AC. All applicablo Collier County onvironmontal pormitting roquiromonts shall bo considorod satisfiod by ovidonoo of tho issuanco of all applicablo fodoral and/or state oil and gas pormits for proposod oil and gas activities in Collior County, so long as the state pormits comply with tho roquiromonts of Chaptor 62C 25 through 62C 30, F.AC. For thoso areas of Collior County outsido tho boundary of tho Big Cypross '.^Jatorshed, the applicant shall bo rosponsiblo for convoning tho Big Cypross S'....amp /\d'y'isory Committoo as sot forth in Soction 377.12, F.S., to assure oompliance '.\lith Chaptor 62C 25 through 62C 30, F.I\.C., ovon if outsido tho dofined Big Cypross 'Natorshod. All oil and gas access roads shall bo construotod and protootod from unauthorizod usos aooording to tho standards ostablishod in Rulo 62 30.005(2)(a)(1) through (12), F.A.C. 4. I\sphaltic and concroto batoh making plants shall be prohibitod in aroas mappod as HSAs. D. Sklnck1rds applfoablo insfdo tho "ese. RLSA Distriot lands within tho ACSC shall bo subjoct to all ACSC rogulatory standards, including thoso that strictly limit non agrioultural oloaring. E. Sklnck1rds applfcabkJ outsido tho "ese. Excopt to tho oxtont suporcodod by G. or H. bolow, tho following standards shall apply to all development \vithin thoso aroas of tho RLS/\ District that aro outside of the ACSC, other than agrioultural oporations that f-all v..ithin tho soopo of soctions 163.3162 (4) and 823.14(6), F.S., and single family rosidontial dv.'ollings, unloss or until suoh lands aro subjoct to transmittal or roooipt of Stowardship Crodits: 1. A wildlife survey, as set forth in Chaptor 10, shall bo roquirod for all pan~els whon listod spocios aro knmvn to inhabit biologioal communitios similar to those oxisting on site or whoro listod spooies aro diroctly obsorvod on tho sito. 2. /\ minimum of 40% of tho native vegotation on tho projoot sito must bo retained. If Iistod spooios aro dirootly observod on tho sito of tho project or aro indioatod by ovidonoo, suoh as denning, f{)raging, or other indications, first priority shall bo given to prosorving tho habitat of such listed spocios. 3. If tho '.vildlifo survoy indicatos that listod spooios are utilizing tho sito, or tho sito is capable of supporting and is likoly to support listed speoios, a wildlifo habitat managomont plan shall be proparod and submittod to the County. a. Tho wildlifo habitat managomont plan within tho RLSJ\ District shall includo tho following tochniques to protoot listod specios from tho nogativo impacts of de':elopment: i. Open spaoe and vegetation prosorvation roquiremonts shall bo usod to ostablish buffer aroas botwoon wildlifo habitat aroas and aroas dominatod by human acti'Atios. ii. Fonoing, walls, othor obstruotions, or othor provisions Page 69 of 160 Words struck through are deleted, words underlined are added 2 shall bo usod to minimizo development impacts to tho listod spocios and to oncourage '.vildlifo to usa wildlif-o corridors. iii. Roadways crossings, undorpasses, and signago shall bo usod whore roads must cross wildlifo corridors. b. Tho v:ildlife habitat managomont plan shall also incorporato tho f-ollmving: i. /\ doscription of tho tochniquos used to diroct incompatiblo land usos away from listod spocios and thoir habitats and to comply with tho oritoria idontif10d in 1 and 2 above, as applicablo; ii. Idontification of appropriato lighting controls for pormittod usos and a considoration of tho opportunity to utilizo proscribod burning to maintain fire adaptod prosorvod vegotation oommunitios and provido bro'Nso f-or whito tailod door, consistont 'o':ith tho UFWS South Florida Multi Species Rocovor Plan, May 1999, oxcopt as rocommondod othor'tJiso by tho UF'NS or FF'NCC; and iii. If tho de':elopment will be Iargor than 10 acros, a monitoring program. c. Tho following roferonces shall bo usod, as appropriato, to proparo tho '1lildlifo habitat managomont plan: i. South Florida Multi Spocios Rocovory Plan, USF\^lS, 49Q9.;. ii. Habitat Managomont GuidolinoE for tho Bald Eaglo in tho Southoast Rogion, USF\^.'S, 1987. iii. Ecology and Habitat Protoction Noods of Gophor Tortoiso (Gophorus polyphomuE) Populations found on Lands Slated for Largo Scalo development in Florida, Toohnical Roport No.1, Florida Gamo and Frosh 'Nater Fish CommiEsion, 1987. i" Y . Ecology and development Rolatod Habitat RoquiromontE of tho Florida Scrub Jay (Apolocoma cooruloEcens), Tochnical Roport No.8, Florida Gamo and Fresh \^!ator Fish Commission, 1991. " .... Eoology and Habitat Protoction Noods of tho Southoastorn /\morioan Kostrel (Falco Sparvorius Paulus) on Largo scalo development Sitos in Florida, Nongamo Tochnical Roport No. 13, Florida Gamo and FroEh VVator Fish Commission, 1993. d. Tho following specios spocific pro'liEionE shall bo inoludod within tho '::ildlifo habitat managoment plan if tho wildlife survoy indicatos that the idontifiod spooios utilizes tho sito or tho Eito is capable of supporting and is likoly to GUpport Guoh GpocioG: i. Gophor tortoise. For parcels containing gophor tortoiEOG (Gopherus polyphomus), priority shall bo givon to protocting the largest, mOGt contiguous gophor tortoiGO habitat with the groatost numbor of active burro'A's, and for providing a connoction to off Gito adjacent gophor tortoise Page 70 of 160 Words struek through are deleted, words underlined are added 2 prosorvO&. ii. Florida sorub jay. Habitat pro&orvation for tho Florida &crub jay (Apholoooma cooruloscens) shall oonform to tho guidolino& oontainod in Toohnical Roport No.8, Florida Game and Fro&h '}Jater Fish Commission, 1991. .'\ maintonance program &hall bo o&tablishod, which shall spocify appropriato firo or mochanioal protocols to maintain tho natural scrub oommunity. ,^. public awaronoss program to oducato residont& about tho on site prosorvo and tho nood to maintain tho &crub '.'ogetation shall bo dovelopod. Thoso requiromont& shall bo oonsi&tont with the UFVVS South Florida Multi Speoio& Rooovery Plan, May 1999. iii. Bald oaglo. For tho bald oaglo (Haliaeotus leucocephalus), tho roquirod habitat managoment plan& shall o&tabli&h protoctivo zono& around tho oaglo nost ro&tricting cortain acti'.'itio&. The plans &hall also addro&& ro&tricting cortain typO& of activitios during tho no&t &oa&on. These roquiromont& &hall bo con&i&tont with tho UFVVS South Florida Multi Spooios Recover Plan, May 1999. 1\.1 . . Red cockaded 'Noodpookor. For tho rod cockadod woodpecker (Ipicoidos boroalis), tho roquirod habitat protection plan shall outlino measuros to avoid adverse impacts to aotivo olusters and to minimizo impact& to foraging habitat. VVhoro adverso off-oot& oannot bo avoidod, moasuro& &hall bo takon to minimizo on sito disturbanco and oompon&ate or mitigato for impacts that romain. Tho&e requiromonts shall bo consistont '.vith tho UFVVS South Florida Multi Spooies Rocovory Plan, May 1999. " .. . Florida black bear. In aroas whoro the Florida black boar (Ursus amorioanu& f1oridanus) may bo prosont, tho management plans shall roquiro that garbage bo placod in boar proof oontainor&, at one or moro control locations. Tho managomont plan &hall also idontify mothods to inform local rosidont& of the concorn& rolnted to intoraction botwoon blnck bears and humanE. Mitigation for impacting habitat &uitnblo for black boar &hall bo oon&idorod in the managomont plan. 'Ii. Panthor. For projocts looatod in Priority I or Priority II Panthor Habitat arons, tho managomont plan shall di&courago tho destruction of undi&turbod, nativo habitat& that aro proforrod by tho Florida panthor (Folis oonoolor coryi) by dirooting inton&ivo land usos to ourrently di&turbod aroa&. Proforred habitat& includo pine flatwood& and hardwood hammooks. In turn, thoso areas shall bo buffered from tho mo&t intenso land u&os of the projoct by using low intensity land uses (e.g., parkE, pa&si'le rocroational aroas, golf coursos). '1. On proporty 'Nhoro tho 'Nildlif-o survoy ostablisho& that listod spooio& aro utilizing tho sito or '...,horo tho site is capablo of &upporting listod spooio& and such listod spocios can bo anticipated to potontially oooupy tho site, the County shall, con&istont with tho RLSA Ovorlay of tho GMP, oon&idor and utilizo rooommendations and lotters of toohnioal as&istanoo from tho Stato of Florida Fish and Wildlifo Con&orvation Page 71 of 160 Words struck thro\lgh are deleted, words underlined are added 2 II Commission and rooommondations from tho U.S. Fish and \^Jildlifo Sorvioo in issuing development ardors. It is rocognizod that thmm agoncy rocommondations, on a oaso by oaso basis may chango tho roquirements containod in horoin and any such chango shall bo doomod consistont with this Codo. F. Go!f courso standards. Excopt as othor\viso roquired by G. or H. bolow, all golf coursos '....ithin tho RLS/\ District that aro not within an SRA shall bo subjoct to tho follO'.ving roquiromonts: 1. Golf coursos shall bo dosignod, constructod, and managod in accordance with Audubon Intornational's Gold Signaturo Program. Tho projoct shall domonstrato that tho Prinoiplos for Rosourco Managomont roquirod by the Gold Signaturo Program (Sito Spocific Assossmont, Habitat Sonsitivity, Nativo and Naturalized Plants and Natural Landscaping, 'Nator Consorvation, 'Nasto Managomont. Enorgy Consorvation & Renowablo Enorgy Sourcos, Transportation, Groonspaco and Corridors, Agriculturo, and building Design) havo boon inoorporated into tho golf courso's dosign and oporational procoduros. In addition to addrossing those roquiromonts, golf coursos shall moot tho following spocific oritoria: a. In order to provont tho contamination of soil, surfaoo 'lIator and ground wator by tho materials storod and handlod by golf courso maintenanco oporations, golf coursos shall comply with tho Bost Management Practioos f-or Golf Course Maintonanco Dopartmonts, proparod by tho Florida Dopartmont of Environmental Protoction, May 1995. b. To protoct ground and surfaco '.vator quality from fortilizor and posticide usage, golf coursos shall demonstrato the following managomont praotioos: i. Tho uso of slow roloase nitrogon sourcos; ii. The use of soil and plant tissue analysis to adjust timing and amount of fortilization applications; Hi. Tho uso of an intogratod post managomont program using both biological and ohomical agonts to control various posts; i" . . Tho coordination of postioide applications with the timing and application of irrigation 'J.'ator; and II Y. The uso of tho proooduro oontained in IFAS Ciroular 1011, Man:lging Postioidos for Goff Co ursa .^A:Jinton:lnco :lnd V'l:Jtor QU:l~ity Protection, May 1991 (revisod 1995) to select pesticides that 'Nill havo a minimum advorso impact on wator quality. 2. To ensure '....ator oonsorvation, golf ooursos shall inoorporato the follo'#ing in thoir dosign and oporation: a. Irrigation systoms shall be dosignod to use woathor station information and moisturo sonsing systoms to detormino tho optimum amount of irrigation water noodod oonsidering soil moisturo and ovapotranspiration ratos. b. As available, golf coursos shall utilizo troatod o:f.f.luont rouso wator consistont with Sanitary SO\\'or Sub Eloment Objocti'/o 1.1 and its polioios; Page 72 of 160 Words struck through are deleted, words underlined are added 2 c. Nativo plants sholl bo usod oxclusivoly oxcopt for spooial purposo oroos such as golf groons, fnilV/ays, and building sitos. \Nithin those excepted aroas, landscaping pl3ns shall require that at least 75% of the trees and 50% of tho shrubs be froezo tolerant native Floridi3n species. /\t loast 75% of the required native troes and shrubs shall also be drought tolerant spocios. 3. Stormwator monagomont ponds shall bo dosigned to mimio tho functions of natural systoms: by ostablishing shorelines that ore sinuous in configuration in ordor to provido incroased longth and divorsity of tho littoral zone. A Littoral sholf shall bo ostablished to provido a fooding arca for 'tiotor dopendont avi3n spocios. Tho combinod longth of vortioal and rip rappod walls shall bo limitod to 25% of tho shoreline. Crodits to tho site prosorvotion area roquiremonts, on an acro to acro basis, shall bo givon for littoral shelvos that oxcood thoso littoral sholf area roquiromonts. G. Standards :1pplic:lbkJ in FSI\S, HS/\S, :lnd V'/RAS th:lt :lm outsido of tho ACSC. Tho provisions of Chapters 3, <I, and 10 in offoct as of Novombor [ ], 1999, shall apply to FSAs, HSAs, and \^!RAs that outside of the ACSC, with tho f-ollO'.ving oxcoptions: 1. Site clearing and alteration shall be limited to 20% of the proporty and nonpormeable surbcos shall not oxceed 50% of any such area. 2. Excopt for roads and lakes, any nonpermoable surfaoo groater than one acre shall provide for roleaso of surface wator run off, collectod or uncollected, in a mannor approximating the natural surfaco water flow rogime of the surrounding area. 3. Roads shall be dosigned to allm'" the passago of surfaco v:ator flows through tho uso of oqualizor pipes, interooptor spreader systems or performanco equivalent strUGtures. 1. RO'Jogetation and I3ndscaping of cloarod aroas shall bo accomplishod with predominantly nativo speoios and planting of undesirablo oxotic spocies shall bo prohibitod. H. Sklndards app~;c:lb!fJ to wotlands outside of .c$/\S, HS/\S, WR/\S, ::md tho I\CSC. 'JJetlands looatod outside of FSAB, HSAs, ,^/RAs, and tho ACSC shall bo preserved in accord \...ith the follo'Ning oriteri3: 1. The vegotativo prosorvation roquiromont sot forth in E.2. above shall first bo mot through presorvation of wetlands having a functionality assessmont scoro of 0.65 or greator. applicants shall establish the wetland functionality score of '..,etlands using tho South Florida \Nator Managemont District's Unified wetland Mitigation Assessmont Mothod, F.A.C. 62 345. Upl3nd vegotative communitios may bo utilizod to meot the vogotative, open space, and sito proservation requiremonts whon the wetland funGtional assossmont sooro of on site ':Ietlands is loss than 0.65. 2. 'Netlands utilizod by listod speoios or sorving as oorridors for tho movement of listod spocios shall bo proservod on sito. 3. ~"AJetland flo\V'.vay functions through tho projoct shall bo maintainod. 1. Ground \",'ator table drawdowns or diversions shall not advorsely ohango the hydroperiod of prosorvod '::etlands on or onsite and detention and control elevations shall be sot to protoot surrounding wetlands and be oonsistent with surrounding land and projoct control Page 73 of 160 Words strnek through are deleted, words underlined are added 2 ~. olovations ~md 'lIator tables. In ordor to moot thoso roquiromonts, projocts shall bo dosigned in acoordanco with Soctions 1.2.2.1 .6.11 and 6.12 of SF'NMD's Basis of ROl/i 0''''' , January 2001. 5. /\11 direct impacts shall bo mitigatod for as requirod by applioablo fodoral or state agonoios and in tho Game mannor as sot forth in sootion 4.06.04 of this Codo. 6. Singlo family rosidencos shall follow tho roquiroments oontainod \A.'ithin Policy 6.2.7 of tho Conservation and Coastal Managomont Elemont. 7. Appropriato buffering shall bo pro.tidod to separate presorvod wetlands from othor land usos. l\ minimum 50 foot vogetatod upland buffer is roquirod adjacent to a natural '../ator body and for othor wetlands a minimum 25 foot vegotatod upland buffer adjaoent to the wetland. ^ structural buffer, consisting of a stom wall, a berm, or a vogotativo hodgo with suitablo foncing, may bo usod in oonjunction with a vogotativo buffer that would roduco tho vogetativo buffer 'Nidth by 50%. ^ structural buffer shall bo roquirod adjacent to 'J:etlands whoro diroct impacts aro allows. 'Netland buffers shall conf-orm to tho follO'.ving standards: a. The buffer shall bo moasured landward from tho approvod jurisdictional line. b. Tho buffer zono shall consist of prosorvod nati\'e vegetation. 'Nhoro nati\'e '..egetation doos not oxist, native yegetation compatiblo '1.(ith tho oxisting soils and oxpoctod hydrologio conditions shall bo planted. c. Tho buffer shall bo maintainod froo of Catogory I Exotics. d. Tho following land usos are considorod to be compatiblo with ~.:etland functions and aro allowed within tho buffer: i. Passivo rocroational areas, board\v-alks and rocroational sheltors; ii. Porvious nature trails; iii. 'Nator managomont struotures; I" . . Mitigation aroas; " " . Any othor consorvation and rolatod open space activity or uso which is comparable in naturo with the forogoing use&: 8. Mitigation Roquirements. Mitigation shall bo requirod for diroot impacts to wetlands, such that tho wetland functional scoro of tho mitigation equals or oxceeds tho '::etland functional scoro of tho impactod .....etlands. a. Priority shall bo givon to mitigation within FSAs and HS/\s. b. Loss of storago or oonveyanco volumo resulting from diroct impaots to wetlands shall bo oomponsatod for by providing an oqual amount of storage or convoyanoo capacity on site and within or adjacent to tho impactod wetland. c. Protoction shall be providod for preserved or croated 'Netland or upland 'legetati'.'e oommunities offerod as mitigation by placing a Page 74 of 160 Words struek tHf0ligh are deleted, words underlined are added 2 consorvation easement o':or tho land in porpetuity, providing for initi31 oxotio pl::mt romoval (Class I invasivo oxotic plants dofinod by tho Florida Exotio PI::m Counoil) ~md oontinuing oxotio plant mainton::moo, or by appropri3to o'/.'norship transfor to a state or federal agenoy along 'Nith suffioient funding for porpotual managemont activitios. 9. Prior to issuanco of any final de\~elopment order that authorizos site alteration, tho appliGant shall domonstrato oomplianoo 'Nith paragraphs 8.a. through 8.0. abovo, as applicablo. If state or fodoral agoncy pormits have not providod mitigation oonsistont '/lith paragraphs 8 abovo, tho County shall require mitigation oxcooding that of tho jurisdictional agonoies. 10. 'A'etland prosorvation, buffer aroas, and mitigation areas shall bo identifiod or plattod as separato traots. In tho oaso of a Plannod Unit development (PUD), those areas shall also bo dopioted on tho PUD Mastor Plan. Thoso aroas shall bo maintainod froo from trash and dobris and from Catogory I Exotios. Land usos allowod in thoso aroas shall bo limitod to those idontifiod in 7.d. abo'Jo. * * * * * * * * * * * SUBSECTION 3. CC. AMENDMENTS TO SECTION 5.04.06 Annual Beach Events Permit Section 5.04.06 Annual Beach Events Permit, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.04.06 Annual Beach Events Permit E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1 st through October 31 st of each year) are also subject to the following regulations: 1. All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06(C). 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no structure set up, or beach raking or mechanical cleaning activity for any particular beach event shall commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. 3. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a beach , unless a greater distance is required by an applicable state permit. 4. Use of vehicles on the beach is prohibited, except as may be permitted under the Codo of Laws of Collior County SECTION 10.02.06 I. * * * * * * * * * * 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to Collior County Natural Rosources Dopartmont the County Manaqer or desiqnee. Page 75 of 160 Words strnek througa are deleted, words underlined are added 2 Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. * * * * * * * * * * SUBSECTION 3. DD. AMENDMENTS TO SECTION 5.02.03 Standards [Home Occupations] Section 5.02.03 Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation sRaU must be conducted by an occupant of the dwelling. B. There shall be no on-site or oft-site advertising signs. C. The use shall not generate more traftic than would be associated with the allowable residential use. To that end. travelina to and from as well as meetina or parkina at the residence by either employees of the business operated therefrom who are not residina at the subiect address or by customers or clients of the home occupations is prohibited. SUBSECTION 3. EE. AMENDMENTS TO SECTION 5.03.02 Fences and Walls Section 5.03.02 Fences and Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.03.02 Fences and Walls A. All districts. 1. Whenever a property owner elects to efe6t construct a chain link fence... pursuant to the provisions herein... adjacent to an arterial or collector road in the urban coastal area, saiG feA6e shall not be located noarer closer than three (3) feet to the right-of-way or property line, and said fence shall be screened from view by planting a vogotativo hedge of livina plant material at a minimum of thirty (30) inches in height at planting and spaced at a distance apart that will achieve an opacity rating of eighty (80) percent siaht-obscurina screen within one (1) year of planting. An irrigation system shall be installed to ensure the continued viability of the vogotativo hedge as a visual screen of the chain link fence. This regulation shall not apply to single- family homes. a. Structures subiect to section 5.05.08 Architectural & Site Desian Standards must comply with the followina additional fencina standards: i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a Page 76 of 160 Words struck thnH:lgk are deleted, words underlined are added 2 public riaht-of-wav. Chain link and wood fencina facina a public or private street must be screened with an irriaated hedge planted directly in front of the fence on the street side. Plant material must be a minimum of three aallon in size and planted no more than three feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the heiaht of the adiacent fence (See Illustration 5.03.02 A.1.a. - 1 ). ii. Fences forward of the primary facade. excludina chain link and wood are permitted under the followina conditions: (a) Fences must not exceed four feet in height. (b) The fence provides either an open view at a minimum of 25 percent of its lenath or provides variation in its heiaht for a minimum of 15 percent of its lenath with a deviation of at least 12 inches. * * ec) The fence style must complement buildina style throuah material. color and desian. * * * * * * * * * 3. Barbed wire is authorized within agricultural, commercial, industrial districts and on fences surroundina raw water wells in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, Le., a jailor penitentiary, or by appeal to the BZA. * * * * * * * * * * * C. Residential Zoning Districts 1. Fences or walls on lots greater than one (1) acre in area may reach a maximum height of six (6) feet: except for raw water wells. for which the allowable heiaht is eiaht (8) feet. * * * * * * * * * * SUBSECTION 3. FF. AMENDMENTS TO SECTION 5.05.02 Marinas Section 5.05.02 Marinas, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip dockina facilities with ten slips or more. and all marina facilities. SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.05.08 Architectural and Site Design Standards Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04- 41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * B. Applicability. The provisions of section 5.05.02 apply: * * * * * * * * * * * Page 77 of 160 Words struck throHgh are deleted, words underlined are added 2 4. Raw water wells in Collier County do not have to meet the provisions of this Section provided that well houses surroundina the raw water well shall not have any wall planes exceeding 35 feet in lenath or have an actual buildina heiaht areater than eiahteen (18) feet. excludina communications eauipment. Fences and walls surroundinq raw water wells must be screened with plant materials as described in Section 4.06.05.B.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08.D.2 of this Section. * * * * * * * * * * * M. Building design standards. * * * * * * * * * * * 4. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All facades, excluding courtyard area, shall be designed to employ the design treatments listed below. a. Projections and recesses. * * * * * * * * * * * a. Wall plane changes. * L For building!> oxcooding 5,000 !>qunro foot in gro!>!> building aron, any fa~ado \...ith horizontal longth oxcooding 50 linoar foet mu!>t incorporato wall plane projoction!> or roco!>!>o!> having dopth of at loa!>t throo foot, ':.'ith a !>ingle wall piano limitod to no moro than throo foot, with a !>inglo wall plnno limitod to no moro than 60 porcont of oach aff-octod fu~ado. Buildinas subiect to the proiections or recesses depths required by 5.05.08.C.4.a must not have a sinale wall plane exceedina 60 percent of each facade. * * * * * * * * * * 5. Project Standards. * * * * * * * * * * * c. Building design treatments. Each building facade must have at least four of the following building design treatments: SUBSECTION 3.HH. AMENDMENTS TO SECTION 5.05.09 Communications Towers Section 5.05.09 Communication Towers, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.09 Communication Towers * * * * * * * * * * * C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s}, each Page 78 of 160 Words struck through are deleted, words underlined are added .' 2 new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after the effective dato of thit> Ordinanco Februarv 20. 2004, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 4 ~ and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. * * * * * * * * * * * G. Development standards for communication towers. * * * * * * * * * * * 23. All existina and proposed around mounted and rooftop towers and antennas with a heiaht areater than 150 feet shall be reauired to have a solid red beacon or dual mode liahts unless exempted in writina by the Collier Mosquito Control District. Such liahts shall meet the then existina Federal Aviation Administration (FAA) technical standards. The total structure heiqht shall include all appendaaes and attachments. such as antennas. liahts. liahtenina rods. or any other accessory device that would extend the heiaht of the tower. All existinq towers shall have six months (180 days) from rthe effective date of this Amendmentl to comply with the reauirement. If the FAA rules reauire liahtina. then the aoolicant shall comply with such rules. 24. A COpy of each application for a tower in excess of 150 feet shall be supplied by the aoolicant to the Collier Mosquito Control District or desianee. SUBSECTION 3.11. AMENDMENTS TO SECTION 5.05.12 Specific Standards for Raw Water Wells in Collier County Section 5.05.12 Specific Standards for Raw Water Wells in Collier County, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.12 Soecific Standards for Raw Water Wells in Collier County A. Applicable desians for raw water wells selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the followina reauirements. B. Setback Requirements. 1. Well houses enclosina raw water wells which are areater than four hundred (400) square feet in size must meet the followina minimum setbacks: Page 79 of 160 Words struck thro\:lgh are deleted, words underlined are added 2 Adjacent to Riaht-of-Wav - 25 feet Side yard from adioinina property - no less than the underlYing zonina district's reauirements for side yard setback Rear yard from adioinino property - 25 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant eauipment. includina. but not limited to antennas. pia launchers. fuel tanks. and transformers. not enclosed by a fence or wall. shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 2. Well houses enclosino raw water wells which are equal to or less than four hundred (400) square feet must meet the followina minimum setbacks: Adjacent to Riaht-of-Wav - 15 feet Side yard from adioinina property - no less than the underlyina zonina district's reauirements for side yard setback Rear yard from adioininq property - 10 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant eauipment. includina. but not limited to antennas. pia launchers. fuel tanks. and transformers. not enclosed by a fence or wall. shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 3. Fences and walls enclosina raw water wells and appurtenant eauipment includina. but not limited to well vaults and enclosures. meters. control panels. aenerators. antennas. piq launchers and transformers must meet the followina setbacks: Adjacent to Riaht-of-Wav or easement line- 5 feet Side yard or easement line - 5 feet. Appurtenant eauipment. other than antennas. that exceeds the heiaht of the fence or wall. shall be setback no less than the underlyina zonina district's requirements for side yard setback Rear yard or easement line - 5 feet Raw water well easements contained within a laraer public easement - 2 feet Fence or wall heiahts may be between six (6) feet and eiaht (8) feet in heiaht. Appurtenant equipment shall not be considered as separate structures. C. Raw water well site access: 1. Direct access from public ways shall be limited to one access point location and must otherwise comply with the reauirements of LDC Section 4.04.02. 2. Access from an easement must provide leaal access to a public or approved private way. Access from an existina public way to an easement must otherwise comply with the requirements of LDC Section 4.04.02. D. Prior to County approval of a raw water well site under this Code. the applicant shall obtain a consumptive use permit from South Florida Water Page 80 of 160 Words struok through are deleted, words underlined are added 2 Manaaement District (SFWMD) and meet the requirements of any state or federal aaency havina iurisdiction over well development or sitina. E. Stormwater manaaement and environmental resource permits for raw water well sites shall be ooverned by the requirements of SFWMD and or Florida Department of Environmental Protection (DEP). and if approval is aranted for the well(s) by SFWMD or DEP under those reauirements. the proiect may be considered for a waiver from the reauirements of Section 10.02.02 A. F. Landscapina and bufferina shall conform to the reauirements of Section 4.06.05 B.6. G. Site planninq review and approval for raw water wells must follow the reauirements of an insubstantial chanae to a Site Development Plan or Site Improvement Plan review process providina water from such wells is conveyed throuoh physically connected infrastructure to a public or au as i- public treatment facility. The system of physically inter-connected infrastructure and wells may be considered to be collectively located "on-site". * * * * * * * * * * * * SUBSECTION 3.JJ. AMENDMENTS TO SECTION 5.06.00 Signs Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.06.01 Generally * * * * * * * * * * * B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs, but may not encompass all of the requirements for those signs. 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Q) 00 ' g}3 Cil~ 00 ~ '001 Q) 0 o CD -< CD 00 -< CD 00 I\.) 1\.)1\.) ~ 01 o ~w 0) I\.) z ); 0) 0) z ); ~ ~ 00 z ); ~ ~ 00 00 00 00 .0 .0 ;::I!;::I! ~ ~ 01\.) o~ - - o 0 ~ ~ I\.),f>. o~ "'''' ;::I!;::I! - - a a aa Q) Q) COco CD CD -< CD 00 -<-< CD CD 00 00 -< CD 00 -<-< CD CD 00 00 1\.)1\.) 0) 0) 00 ~ ~ 1\.)01 ~ ~ 00 ~ ~ 00 00 00 00 .0 .0 ;::I!;::I! ~ 01t:i 00 ;::I!;::I! - a ::;- :J 0 -:J ~or ~CD <a5 Oi> o ;:+ CD CD o ::::::!. -Q) o - .., ;::0 :::00. a. -<-< CD CD 00 00 -<-< CD CD 00 00 2 SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.06.07 Enforcement Section 5.06.07 Enforcement, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.06.07 Enforcement A. General. No sian shall hereafter be erected. placed. altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the following reauirements: 1. The issuance of a sian permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sian or structure in violation of an existina county. state or federal law or regulation. 2. All sians for which a permit is required shall be subject to inspections by the County Manaoer or his desianee. The County Manaaer or his desionee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are beina adhered to. Such entrance shall be made durina business hours. unless an emeraency exists, The County Manager or his desianee may order the removal of any sian that is not in compliance with the provisions of this Code. is improperly maintained. or which would constitute a hazard to the public health. safety. and welfare. 3. The County Manaaer or his desianee shall be charaed with interpretation and enforcement of this Code. B. Enforcement orocedures. Whenever. by the provisions of this Code. the performance of an act is reauired or the performance of an act is prohibited. a failure to comply with such provisions shall constitute a violation of this Code. 1. The owner. tenant. and/or occupant of any land or structure. or part thereof. and an architect. builder. contractor aaent. or other person who knowingly participates in. assists. directs. creates or maintains any situation that is contrary to the reauirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. 2. Where any sian or part thereof violates this Code. the County Manaaer or his desianee may institute any appropriate action or proceedinas to prevent. restrain. correct. or abate a violation of this Code. as provided by law. includina prosecution before the Collier County Code Enforcement Board aaainst the owner. aoent. lessee. or other persons maintainina the sian. or owner. or lessee of the land where the sian is located. 3. If a sian is in such condition as to be in danaer of fallina. or is a menace to the safety of persons or property. or found to be an immediate and serious danaer to the public because of its unsafe condition. the provisions of section 2301.6 of the Standard Buildina Code. as adopted by Collier County shall oovern , 4. Code enforcement shall immediately remove all sians in violation of this Section that are located in or upon public riahts- Page 84 of l60 Words struek through are deleted, words underlined are added 2 of-way or public property. 5. Penalties. If any person. firm or corporation. whether public or private. or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code. such person. firm. corporation. or other entity. upon conviction of such offense. shall be auilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county iail. or both. in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further. each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothina herein contained shall prevent or restrict the county from takina such other lawful action in any court of competent iurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include. but shall not be limited to. an eauitable action for iniunctive relief or an action at law for damaaes. b. Further. nothina in this section shall be construed to prohibit the county from prosecutinq any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F .S. Chapter 162. * * * * * * * * * * SUBSECTION 3. LL. AMENDMENTS TO SECTION 6.01.02 Easements Section 6.01.02 Easements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 6.01.02 Easements 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. * * * * * * * * * * * C. Protected/preserve area and easements. 1\ nonoxclut>ivo easement or tract in favor of tho County, without any maintenance obligation, t>hall bo providod for all "protoctod/proservo" aroat> roquired to bo dot>ignated on tho proliminary nnd final subdh'ision platt>. ^ny buildable lot or parGel t>ub:joct to or abutting a protoctod/prot>orvo aroa roquired to bo dot>ignatod on tho preliminary and final subdi'Jision plntt> t>hall havo a minimum twonty fivo (25) foot sotback from tho boundary of t>uch protectod/prot>ervo aroa in which no principlo structure may bo constructod. Further, tho proliminary and final subdivision platt> t>h::lll roquiro that no alteration, including accessol)' structures, fill placomont, grading, plnnt altoration or romoval, or t>imilar activity t>hall bo pormittod within t>uch setback aroa without tho prior writton cont>ont of tho County Managor or dot>ignoo; pro'Adod, in no ovont t>hall thoso nctivitiot> bo permittod in t>uch setback aroa within ton (10) foet of tho protoctod/prot>ervo aroa boundary, unlot>t> tho abovo setbaoks aro nccomplit>hod through buffering purt>uant to t>oction 1.06.00. For provisions related to protected/preserve area and easements. see section 10.02.04 B.1. of this code. Page 85 of 160 Words struek through are deleted, words l:lllderlined are added ~ 2 SUBSECTION 3. MM. AMENDMENTS TO SECTION 6.06.01 Street System Requirements Section 6.06.01 Street System Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 6.06.01 Street System Requirements * * * * * * * * * * * O. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be classified by the cross-sections contained in Appendix B, and will be directly related to traffic volume as indicated in the definition of each street continued contained herein and, where applicable, clarified by the cross-sections contained in Appendix B. ~Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with Chapter 10. In the event that the applicant does not apply for a preliminarv subdivision plat. the applicants enaineer may reauest that the County Manaaer or his desionee approve an alternate private riaht- of-way cross-section. The reauest shall be in writina and accompanied with documentation and iustification for the alternate section based on sound enaineerinq principals and practices. * * * * * * * * * * * SUBSECTION 3. NN. AMENDMENTS TO SECTION 8.06.01 Establishment Section 8.06.01 Establishment, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 8.06.01 Establishment There is hereby established an Environmental Advisory Council (nECAn) (ilEAC") 'Nhich. The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. * * * * * * * * * * * SUBSECTION 3. 00. AMENDMENTS TO SECTION 8.06.03 Powers and Duties Section 8.06.03 Powers and Duties, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: * * * * * * * * * * * O. The EAC shall review all land development petitions which reauire the followina: an environmental impact statement (EIS) per section 10.02.02 of the LDC: all developments of reaional impact (DR!): lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zonina overlays: or any petition for which environmental issues cannot be Page 86 of 160 Words struek through are deleted, words underlined are added 2 ~. resolved between the applicant and staff and which is reauested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a reauest from the chairman of the EAC. CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearina requirement. when the followina considerations are met: 1) no protected species or wetland impacts are identified on the site: 2) an EIS waiver has been administratively aranted: 3) ST zonina is present and an administrative approval has been aranted: or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board. and that EIS is less than five years old (or if older than five years. has been updated within six months of submittal) and the master plan for the site does not show oreater impacts to the previously desianated preservation areas. 2. The surface water manaaement aspects of any petition. that is or will be reviewed and permitted by South Florida Water Manaaement District (SFWMD). are exempt from review by the EAC. ** * * * * * * * * * SUBSECTION 3. PP. AMENDMENTS TO SECTION 8.09.02 Jurisdiction, Authority and Duties SECTION 8.09.02 Jurisdiction, Authority and Duties, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: SECTION 8.09.02 Jurisdiction, Authority and Duties In addition to the jurisdiction, authority and duties which may be conferred upon the community development and environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development and environmental services administrator shall have the following jurisdiction, authority and duties: A. To provide the board of county commissioners, the Development Services Advisory Committee, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board, with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. B. To administer and manage the Planning Services, Pollution Control, Natural Rot>ourcot> Environmental Services, Building Review and Permitting, Code Enforcement and housing and urban improvement departments, and oversee the preparation of the budget for each. C. For the purposes of this code the phrases Development Services Director, Growth Management Director, Code Compliance Director, Growth Planning Director and Planning Services Director, shall mean the Community Development and Environmental Services Administrator, or his designee. 9.04.00 VARIANCES Page 87 of 160 Words struok through are deleted, words l:lllderlined are added 2 SUBSECTION 3. QQ. AMENDMENTS TO SECTION 9.04.00 Variances Section 9.04.00 Variances, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 9.04.00 VARIANCES 9.04.01 Generally A. Purpose. In specific cases, variance from the terms of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. B. Historic Places. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. C. For specific procedures associated with Variances. please see section 10.09.00 of the LDC. * * * * * * * * * * * 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking facilities. A. Variances for signs. The board of zoning appeals based upon the evidence given in public hearing; and the findings of the planning commission should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section 9.04.00 or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in this section 9.04.00. In granting any variance, the board of zoning appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this Code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. 9.04.03 Criteria for Variances Fin din as. Before any variance shall be recommended for approval to the board of Page 88 of 160 Words struek thfOagh are deleted, words underlined are added 2 zonina appeals. the plannina commiSSion shall consider and be auided by the followina standards in makina a determination: * * * * * * * * * * * * 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line F. Cortain activitiot> that may tomporarily alter ground olovationt> t>uch at> artificial beaoh nourit>hmont projectt>, oxcavation or maintonanco drodging of inlot channolt> may bo pormittod t>eaward of tho coat>tal cont>truction setbaok line if t>aid activity it> in complianco 'A'ith tho Collier County GMP and recoivot> Fodoral and Stato agoncy approvalt>. Until t>uch timo at> tho foo t>chodulo can be amondod, tho foo t>hall bo $100.00 for thot>o beaGh nourit>hmont pormitt> G. Procedures for obtaining variance. 1. A written petition requesting a variance from the established setback line shall be filed with the board of county commit>sionom BCC or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; c. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commit>t>ionom BCC pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of county commit>t>ionom BCC. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information: ) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property sign shall be as follows: Page 89 of 160 Words struok through are deleted, words l:lllderlined are added 2 j ~ ..J I. For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. iL For a property one acre or more in size, the sign shall measure at least 32 square feet in area. c. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. d. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning t>orvicot> dopnrtmont County Manaaer 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 board of county commit>sionort> BCC. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commit>t>ionort> BCC or 2. The receipt of a written request by the planning sorvicot> dopartment diroctor County Manaaer or desianee from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the board of county Gommit>t>ionorf> BCC shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The board of county oommit>t>ionsrt> BCC shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3. The board of county commit>t>ionorf> BCC shall notify petitioner in writing of its decision within 15 days of the public hearing. Page 90 of 160 Words struok thro\igh are deleted, words underlined are added I1\' 2 4. Any person aggrieved by a decision of the board of oounty commit>t>ionom BCC granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commit>t>ionom BCC. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commit>t>ionort> BCC. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as exotic vegetation by county code. 2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code, excluding additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure. 3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee or hit> dOt>ignoot>, it> detorminod to does not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this divit>ion section. This exemption shall not be effective during sea turtle nesting season (May 1--0ctober 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F.S. 9 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. SUBSECTION 3. RR. AMENDMENTS TO SECTION 10.01.02 Development Orders Required Section 10.01.02 Development Orders Required, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.01.02. Development Orders Required A. Development Order Reauired. No on-site or off-site development or development related activities. includina site preparation or infrastructure construction. will be allowed prior to approval of the otherwise required development order or development permit includina. but not limited to: SDP. SIP. Construction Drawinas. or SCPo except where early work authorization has been approved. Page 91 of 160 Words struok through are deleted, words underlined are added 2 B. Early Work Authorization (EWA). 1. An EWA permit may be approved by the County Manaoer. or desianee. for one or more of the followino activities: a. Veaetation removal (site clearina). b. Excavations. c. Site fillina. d. Construction of stormwater manaaement facilities limited to ponds. retention/detention areas. interconnection culverts. and swale systems; and. e. Off-site infrastructure. f. Construction of a perimeter landscape buffer. berm. wall. or fence. 2. The County may issue an EW A permit for the allowed activities. subiect to demonstrated compliance with the followino criteria. as applicable: a. The proposed veoetation removal complies with Section 3.05.05.0,; b. County riaht-of-wav permit has been approved. c. A determination of native veaetation to be retained for landscapina which would comply with Section 4.06.00. d. An excavation permit has been approved. e. A Soil and Erosion Control Plan demonstratina compliance with the provisions of Section 10.02.02. C. f. Copies of all approved Aaency permits beina submitted. includina. but not limited to: SFWMD. ACOE. USFWS. and FFWCC. a. Determination of leaal sufficiency of the EWA permit by the County Attorney's Office. h. Postina of a Reveaetation Bond of not less than $2.000 nor more than $5.000 per acre dependent on the character of veoetation being removed. i. Assurance that all underlyino zonina approvals are in place (e.a. PUD. C.U.. etc.) j. This approval is aood for 60 days with the possibilitv of 2 ea. 30 day extensions dependent on the reason for the inability to aain proper approvals. After that time. cleared areas must be oraded off and hydro-seeded. k. The developer must clearly state his understandino that all such preliminarv construction activities are at his own risk. I. Provide assurance that the schedule of development activities created Page 92 of 160 Words struek thro\igh are deleted, words l:lllderlined are added 2 in accordance with the VRSFP. will commence at the time the EWA is issued. and will be a part of that 18 month time frame as set forth in Section 4.06.04 A 1.a.viLd. * * * * * * * * SUBSECTION 3. TT. AMENDMENTS TO SECTION 10.02.02 Submittal Requirements for All Applications Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * d. Native vegetation preservation. i. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 ~ and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 ~ and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. * * * * * * * * * * g. Listed species. i. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological Page 93 of 160 Words struok thro\igh are deleted, words l:lllderlined are added 2~ communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. ii. Identify aU listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. iii. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitiaation for impacts to listed species. * * * * * * * * * * 7. Exemptions. a. The EIS exemption shall not apply to any parcel with a ST or ACSC-ST overlay. unless otherwise exempted by section 4.02.14 H. of this Code. a:- b. Single-family or duplex uses. Also. 2Single-family or duplex use on a single lot or parcel. Exomption t>hall not apply to nny paroel with a ST or ACSC ST ovorlay, unlot>t> other.....'it>o oxomptod by t>oction 2.03.07 D. of thit> Codo. b. ~ Agricultural uses. Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of twenty-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. Go d. Non-sensitive areas. Any area or parcel of land which is not, in the opinion of the County Manager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: i. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. ii. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. iii. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. Page 94 of 160 Words struok thnmgh are deleted, words underlined are added 2~ iv. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. v. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. d. 1: All lands lying within all incorporated municipalities in Collier County. e. .t. All NBMO Receiving Lands. a. Sinale-family lots in accordance with section 3.04.01 C.1. 9. Appeals. a. Any person aggrieved by the decision of the County Manager or his designee regarding EIS procedures or submittals (Le. - this section of the Code) any t>oction of thit> Codo may file a written request for appeal, not later than ten days after said decision, with the EAC environmontal advisory board or their successor organization. b. The EAC onvironmontal ndvit>ory board will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. c. The appeal will be heard by the EAC onvironmental advit>ory board within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the EAC environmontal advit>ory board and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the EAC onvironmontal ad'lit>ory board will submit to the BCC board of county commit>t>ionort> their facts, findings and recommendations. f. The BCC board of county oommit>sionom, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC onvironmentalad'lit>ory board. * * * * * * * * * * B. Subdivision exemptions. * * * * * * * * * * 12. Lot SDlits. The further split or division of a lot. parcel. or any lot of record into two proposed parcels must be reviewed and approved by the County prior to any subseauent development orders or development permits beina issued or approved. Page 95 of 160 Words struek through are deleted, words underlined are added 2 Applicants for such lot splits are reauired to submit a survey of the property to be split depictina all existinq lot dimensions. all proposed "new" lot lines. all easements of record on the subiect property. and the present zonina and land use classification of the subiect property. as well as all pertinent yard or setback reoulations and proposed access to all resultina parcels. Appropriate access to the resultina parcels from the public road network must be demonstrated. and where necessary. may reauire appropriate easements for joint or cross access to be recorded before an approved lot split becomes effective. Only lot split requests meetina the applicable land development reoulations. specifically includinQ the minimum lot area and lot dimensions for the existina zonina 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-keepino. as may be applicable. SUBSECTION 3. UU. AMENDMENTS TO SECTION 10.02.03 Submittal Requirements for Site Development Plans Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans A. Generally. * * * * * * * * * * 3. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 10.02.03 A.4., standard application requirements as described in section 10.02.03 A., may be waived in part or in full by the County Manager or his designee for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 10.02.03 B. addressing the application requirements deemed necessary by the County Manager or his designee shall be submitted to the planning department for review and approval. * * * * * * * * * * b. The expedited site plan for school board review, as referenced in section 10.02.03 A.3.a. of the Land Development Code, will consist of the following areas of review: * * * * * * * * * * iv. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staff will determine the necessity for an environmental impact statement ("EIS") to be submitted. Page 96 of 160 Words struek through are deleted, words underlined are added 2 · (b) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (c) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits. (d) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. (e) The GMP and LDC section 3.05.07 requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. * * * * * * * * * * B. Final Site development plan procedure and requirements A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: * * * * * * * * d. Vegetation inventory: A generalized vegetation inventory of the property shall be required to the extent necessary, as determined at the pre-application meeting, indicating the approximate location, densities and species of the following: L Upland, wetland and estuarine vegetation including prohibited exotic vegetation, mapped using FLUCCS FLUCFCS terminology. iL Any type of vegetation identified for preservation. iii. Projects containing the following shall provide a survey of identifying species and locations on a current aerial photograph at a scale of one inch equals 200 feet or larger or superimposed on the site plan: (a) Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. (b) Specimen trees designated by the board of county commit>t>ionom BCC, pursuant to section Page 97 of 160 Words stmek thro\igh are deleted, words l:lllderlined are added 2 10.02.06 D.1.f.iiL(b) 3.05.09. * * * * * * * * * * 2. Site improvement plan review. * * * * * * * * * * d. Raw water wells in Collier County will be permitted as insubstantial chanaes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant or facility to which the raw water well(s) are ancillarv. provided that the requirements of Section 5.05.12 are met. More than one well may be permitted with one application provided that all wells are within the same well field. The insubstantial chanae submittal shall include a siqned and sealed boundary survey of the property or lease parcel: a COpy of recorded deed or lease aoreement: a recent aerial photoaraph of the proiect area: a master plan showing all well fields ancillarv to the main water treatment plant or facility. includina the proposed wells: and a site-plan prepared on a 24-inch by 36-inch sheet drawn to scale and settina forth the followina information: L The proiect title. utility owner. address and telephone number. iL Leaal description. scale. and north arrow. iiL Zonino desionation of the subiect site(s) and adiacent sites and the proposed use of the subiect site. iv. Location. confiouration and dimensions of all buildina and lot improvements. v. Location and dimension of access point(s) to the site. vL Location of existina and proposed landscapina with specifications as to size. auantity and type of veaetation. viL All required and provided setbacks and separations between structures in matrix form. Vlll. Any additional relevant information as may be required by the County Manager or his designee. doe. Site improvement plan submittal and review. A site improvement plan (SIP) shall be prepared on a 24-inch by 36- inch sheet drawn to scale and setting forth the following information: i. The project title, property owner, address and telephone number. ii. Legal description, scale, and north arrow. iii. Zoning designation of the subject site and adjacent sites and the proposed use of the subject site. iv. Location, configuration and dimensions of all building and lot improvements. v. Location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. Page 98 of 160 Words struok thro\igh are deleted, words underlined are added 2 vi. Location and dimension of access point(s) to the site. vii. Parking summary in matrix form, indicating the required and provided parking for each existing and proposed use. viii. Location and configuration of handicapped parking facilities and building accessibility features. ix. Location, dimension and configuration of existing water management facilities. x. Location of trash enclosures. xi. Location of existing and proposed landscaping with specifications as to size, quantity and type of vegetation. xii. All required and provided setbacks and separations between structures in matrix form. xiii. Any additional relevant information as may be required by the County Manager or his designee. eo.t Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in section 10.02.05 C.3. of this Code. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. t. 9.:. Performance securities for site development plans. In the case of multi-family the developments with individually owned units which are served by subdivision type improvements, Le. driveways which function as access roads and drainage improvements, the developer shall be required to post a performance security in a form as outlined in section 10.02.04 B.3.e. of this Code. Calculations for the amount of the security shall be determined as outlined in this Chapter of this Code. The performance security shall be accepted by the county prior to the issuance of the first certificate of occupancy for the site development plan. Upon a satisfactory final inspection of the improvements, which shall be no later than 24 months from approval of the site development plan, the performance security shall be returned to the developer. One year extensions may be granted by the engineering review director. SUBSECTION 3. W. AMENDMENTS TO SECTION 10.02.04 Submittal Requirements for Plats Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements * * * * * * * * * * Page 99 of 160 Words stmek through are deleted, words underlined are added 2'" 4. Effect and limitation of approval of preliminary subdivision plat f Approval of improvement plans. site development plans. and final subdivision plat required prior to development. Anything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and final subdivision plat submitted for the same or portion thereof. Authorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E.,10.02.04 B.3., and 10.02.03 A.4. shall be the subject of an proliminary early work authorization as set forth herein. An proliminary early work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreement between the applicant and the county. * * * * * * * * * * B. Final Plat Requirements * * * * * * * * * * 4. Final subdivision plat submission requirements. * * * * * * * * * * L 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 design requirements of this section. with the exception of one division of a sinale platted lot or otherwise established lot of record in the Rural Aaricultural or Estates zonino district into two lots. herein referred to as a "lot-split." as set forth in Section 10.02.02 B, 12. of this Code. Any such lot-split may utilize an access easement to satisfy access. and frontaoe requirements for the lot which would not otherwise have street frontaqe. The width of such access easement may not be less than twelve (12) feet and may be reauired to be wider at the discretion of Collier County staff. to accommodate safe access and turnina movements. stormwater drainaae pipes and the like. The number of access points to a public riaht-of-way shall not be increased as a result of the lot-split. if. in the opinion of the County staff. safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot-split. The access easement will create a front yard for setback purposes for all lots abuttina the access easement. In cases where access is presently provided by an access easement to existino lots of record in any zonina district which are not part of a recorded or unrecorded subdivision. this easement will serve to satisfy access and frontaae requirements for those lots. and yards abuttino the easement will be considered front yards for setback purposes, * * * * * * * * * * SUBSECTION 3. WW. AMENDMENTS TO SECTION 10.02.06 Submittal Requirements for Permits Page 100 of 160 Words stmek through are deleted, words underlined are added 2- Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04- 41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 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 issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this divit>ion 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 growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to Page 101 of 160 Words struek through are deleted, words underlined are added r'.. ~. .' . , . , 2 applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. Page 102 of 160 Words struok through are deleted, words underlined are added 2 '~1 .~ L Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. iL A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adeauate DubUc facilities reauired. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adeauate Public Facilities Ordinance. Ord. No. 90-24 (chapters 3. 6 and 10 of this Code) and Rule 9J-5.0055. F.A.C. €h e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10. L In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). &: 1. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. L For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of Page 103 of 160 Words stmek through are deleted, words underlined are added 2 the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. iL In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iiL A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other non residentially allowed uses of land or buildings. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit or final do':elopment order authorizing t>ito clearing or sito improvementt> shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approval may or may not include, but are not limited to: * * * * * * * * * * D. Agricultural land clearing. * * * * * * * * * * 1. Land clearing notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the onvironmontal t>orvioot> dirootor County Manaaer or desianee that the removal will occur. Said notice shall include the following information: * * * * * * * * * * E. Enforcement and penalties. * * * * * * * * * * 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or his designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: * * * * * * * * * * * c. The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS FLUCFCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS FLUCFCS code. The exact number and type of species required may also be based upon the Page 104 of 160 Words struok through are deleted, words underlined are added 2 existing indigenous vegetation on the adjacent property at the discretion of the County Manager or his designee. * * * * * * * * * * 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. iL Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off- site mitigation shall be as follows: two to one for uplands and three to one for wetlands. iiL The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) FLUCFCS Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. * * * * * * * * * * c. Site-specific review criteria. * * * * * * * * * * vi. A program to control prohibited exotic vegetation (section 3.05.07 08) in the mitigation area shall be required. * * * * * * * * * * F. Wellfield conditional use permit and standards. * * * * * * * * * * 5. Administrative review of wellfield conditional use permit petition. a. The county manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this divit>ion section in the same procedural manner as for a certificate to operate. * * * * * * * * * * H. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be Page 105 of 160 Words struek through are deleted, words underlined are added 2 reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of six feet. b. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. 3. Certain activities that may temporarily alter around elevations such as artificial beach nourishment proiects. excavation or maintenance dredaina 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 aaency approvals. Until such time as the fee schedule can be amended. the fee shall be $400.00 for these beach nourishment permits. ~ 4. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 9.04,06 H., which occur during sea turtle nesting season: L Setting up of any structures , prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. iL Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Page 106 of 160 Words struel{ thro\igh are deleted, words l:lllderlined are added 2 Second violation: Up to $1,000.00 fine. Third violation: $2,500.00 fine. More than three violations: $5,000.00 fine. * * * * * * * * * * I. Vehicle on the beach regulations. * * * * * * * * * * 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 1.3 below. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties shall be exempt from the provisions of this divit>ion section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this divit>ion section if a permit has been obtained from the environmental services department director or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with the vehicle and available for inspection. The procedure for obtaining such a permit shall be by application to the environmental services department director in writing stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception I and permit for such vehicle or vehicles shall be issued by the environmental services department director if the environmental services department director is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non- ambulatory persons shall be exempt from the provisions of this divit>ion section. d. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this divit>ion section if a vehicle- on the-beach permit has been granted by the onvironmontal Page 107 of 160 Words stmek tHrough are deleted, words underlined are added ~.. 2 01 t>or/icot> diroctor or hit> County Manaaer or designee. All permits issued are subject to the following conditions and limitations: * * * * * * * * * * 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this divit>ion section. Permits issued pursuant to this di'lit>ion section are not intended to authorize any violation of F.S. 9 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this divit>ion section are subject to the following penalties: * * * * * * * * * * * * * * * * * * * * SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.07. Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * C. Certificate of public facility adequacy. 1 . General. a. A certificate of public facility adequacy (COA) shall be issued concurrently with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to 10.02.07 C.1.e., and such funds will be immediately available for appropriation to implement capital road facility improvements.l. except that for those non-residential (Le.. typically commercial or industrial) developments otherwise required to obtain approval of an SDP prior to the issuance of a buildina permit. applicants for a final subdivision plat may elect to: i. comply with the applicable reaulations of this section as to one or more of the lot(s) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or Page 108 of 160 Words stmek through are deleted, words underlined are added 2 iL delay submittina a TIS and obtainina a COA for all of the proposed lots. or just those remainina lots not then already complyina with this section. until a reauired SDP is applied for and the terms of this section are then complied with includino payment of estimated transportation impact fees. The subiect development is not allocated any available road system capacity or considered eliaible to be vested for transportation concurrency purposes. however. until approval of a TIS. payment of 50% estimated Transportation Impact Fees. and issuance of a COA in accordance with Chapters 3. 6. and 10 of this Code and Rule 9J-5.0055. F.A.C. Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. b. Annual Traffic/PUD Monitoring Report. GA-After Februarv 6. 2003. {the effective date of this section's amendment}, all PUDs which are less than 90 percent built-out, must annually submit a report detailing their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on or before the anniversary date of the PUD's approval by the Board per LDC section 10.02.13. E,12. LDC. The written report must be submitted to, and be in, a format established by the County Manaoer. or desianee. unless payment-in-lieu is provided pursuant to section 1 0.02.13. F.. Trant>portation Adminit>trator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. c. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this section, Le., on or about November 3, 1993, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. d. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development. Developments that have paid estimated impact fees for all Category "An facilities prior to Februarv 6. 2003 tho [eff-octivo dnte of thit> t>oction't> nmondmont], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local development order(s) for the development. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to Februarv 6. 2003. [tho of.foctivo dato of thit> t>oction't> amondmont] shall be refundable upon written request to the County Manaaer or desianee Community dovolopmont and En':ironmontal Sorvicot> Divit>ion Adminit>trator Page 109 of 160 Words struok thro\igh are deleted, words underlined are added 2 accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order(s) prior to Februarv 6. 2003.tho [offectivo dato of thit> t>oction't> amondmont] in accordance with the applicable consolidated impact fee reoulations ordinancot> in Chapter 74 of the Code of Laws and Ordinances shall be refundable pursuant to the provisions of such reaulations ordinancot>_upon written request to the Finance Director, Clerk of Courts. SUBSECTION 3.YV. AMENDMENTS TO SECTION 10.02.12 Building or Land Alteration Permits Section 10.02.12 Building or Land Alteration Permits, of Ordinance 04- 41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.12 Building or land Alteration Permits A Building or klnd alto ration po:mit and cortffioaro of oOQupancy compf.bnoo proooss. 1. Zoning action on building or land altoration pormits. The County Managor or hit> dot>ignoo shall bo rOt>pont>ible for dotormining 'Nhothor applicationt> for building or land alteration pormitt>, at> roquired by tho Collior County building coda or thit> Codo aro in accord \....ith tho requiremontt> of thit> Codo, and no building or land alteration permit t>hall bo it>t>uod without writton approval that plant> t>ubmittod conform to applicablo zoning regulationt>, and other land de~:elopment regulationt>. For purpot>ot> of thit> t>oction a land alteration pormit t>hall moan any 'Nritton authorization to alter Innd and for which a building permit may not bo roquirod. Examplot> includo but ora not limitod to cloaring and oxcavation permitt>, t>ito development plan approvalt>, agricultural cloaring pormitt>, and blat>ting pormitt>. No building or structure t>hall bo oroctod, moved, addod to, altered, utilizod or allowod to oxit>t and/or no land alteration t>hall bo permittod '."lithout fimt obtaining the authorization of tho roquirod pormit(t>), int>poctiont> and cortificate(t>) of occupancy at> roquirod by tho Collior County building coda or thit> Codo and no building or land alteration pormit application t>hall bo approvod by tho County Managor or hit> dOt>ignoo for tho oroction, moving, addition to, or alteration of any building, structure, or land except in conformity with tho provit>iont> of thit> Code unlot>t> ho t>hall rocoivo a 'Nritten ordor from tho board of zoning appoalt> in tho form of an adminit>trativo roviow of tho intorprotation, or variancet> at> providod by thit> Codo, or unlot>t> ho t>hall roceivo a ':.'ritton ordor from a court or tribunal of compotont jurit>diction. 2. I\pp/ioation for building or land altoration pormit. 1\11 applicationt> f{)r building or land alteration parmitt> t>hall, in addition to containing tho inf{)rmation roquirod by tho building official, bo accompanied by all roquirod plans and drawingt> dra'lln to t>calo, t>howing tho actual t>hapo and dimont>iont> of the lot to bo built upon; the t>izot> and locationt> on tho lot of buildings alroady oxit>ting, if any; tho t>izo and location on tho lot of tho building or buildings to bo erocted, altered or allowod to oxit>t; tho oxit>ting ut>e of oach building or buildings or partt> thoroof; tho numbor of familiot> tho building it> dot>ignod to accommodato; tho locntion and numbor of roquirod off street parking and off street loading spaoes; approximate location of troot> protoctod by county rogulationt>; changet> in grade, including dotailt> of berms; and t>uch othor information with rogard to the lot and exit>ting/propot>ed struotures at> providod for tho onforcoment of thit> Page 110 of 160 Words stmek through are deleted, words underlined are added 2 Land development Codo. In the oaS8 of application for a building or land alteration pormit on proporty adjaGent to tho Gulf of Moxioo, a t>urvoy, cortifiod by a land t>urvoyor or an onginoor liconsod in tho Stato of Florida, and not oldor than 30 dayt> t>hall bo t>ubmittod. If thoro it> a t>torm ovont or activo orot>ion on a t>pocific parGel of land for \"..hich a building or land alteration pormit it> roquet>tod, which tho County Managor or hit> dot>ignoo dotorminot> may offoct tho density or othor ut>o rolationt>hip of tho proporty, a moro rocont t>urvoy may bo roquirod. 'Nhoro o'Nnort>hip or proporty Iinot> aro in doubt, tho County Managor or hit> det>ignoe may roquiro tho t>ubmist>ion of a t>urvoy, certifiod by a land t>urvoyor or onginoor lioom;od in tho Stato of Florida. Proporty t>takot> t>hall bo in placo at tho commenoomont of cont>truction. 3. Construction and uso to be as providod in :1pplications; status of po:mit issued in error. 8uilding or land alteration pormitt> or cortificatet> of occupanoy iSt>uod on tho bat>it> of plant> and t>pocificationt> approvod by tho County Managor or hit> dot>ignoo authorize only tho ut>e, arrangoment, and cont>truction t>ot forth in t>uoh approvod plant> and applicationt>, and no other ut>o, arrangomont, or oont>truction. 8uilding uso arrangemont, or cont>truction difforont from that authorizod t>hall bo doomod a violation of thit> Land De'Jelopment Codo. a. Statomontt> made by tho appliGant on tho building or land alteration pormit applioation t>hall be doomod official t>tatementt>. I\pproval of tho application by tho County Managor or hit> dosignoo t>hall, in no v.'ay, oxompt tho applicant from t>trict obt>orvance of applicable provit>iont> of thit> Land Developmont Codo and all othor applioablo rogulationt>, ordinancot>, codet>, and lawt>. b. ^ building or land alteration pormit it>t>ued in orror t>hall not confor any rightt> or privilogot> to tho appliGant to procoed to or continuo with cont>truction, and tho county t>hall have tho po':..or to rovoko t>uch permit until t>aid error it> corroctod. 1. I'.dequate pub.'ic faGilities requir-od. No building or land alteration permit or cortificato of occupancy t>hall be it>suod oxcopt in accordanco ""lith tho Collior County J\doquato Public Faoilitiot> Ordinanco, Ord. No. 90 21 (chaptom 3, 6 nnd 10 of thit> Codo) and Rulo QJ 5.0055, F.I\.C. 5. Jmprm<omont of property prohibited prior to issuonco of building permit. No t>ito \\'ork, romoval of protootod vogotation, grading, improvomont of property or oont>truction of any typo may bo commoncod prior to tho it>t>uanco of a building pormit where tho de':elopment propot>od roquiret> a building pormit undor thit> Land De',elopment Code or othor applicablo county rogulationt>. Excoptiont> to thit> roquiromont may bo grantod by the County Managor or hit> det>ignoo for an approvod subdivision or t>ito development plan to provido for dit>tribution of fill oxcavatod on t>ito or to permit cont>truction of an approvod '.vator managemont t>yt>tem, to minimizo t>tockpilet> and hauling off t>ito or to protoct tho public hoalth, t>afoty and welfaro whoro clearing, grading and filling plant> havo boon t>ubmiUod and approved mooting the ':Jarrantt> of t>ootion 4.06.04 of this Codo; romovnl of exotic vegetation t>hall be exompted upon roooipt of a vogetation romoval pormit for oxotict> pumuant to Chaptor 3 and thit> Chapter 10. a. In tho ovent tho improvoment of proporty, cont>truotion of any typo, ropairt> or romodoling of any typo that roquirot> a building Page 111 of 160 Words strnek throl:lgh are deleted, words underlined are added 2 pormit hat> been complotod, all roquirod int>poction(t>) and certificato(t>) of occupancy mut>t bo obtainod within 60 dayt> attor the it>t>uanoo of aftor tho fact pormit(t>). 6. Zoning and kind uso approWJI r()quimd prior to or sfmu!kmoously with issuanco of building or .'-and altoration pormit or occupanoy of kind and sp::Jco. f\ zoning cortificate, attot>ting to oomplianco with all at>poctt> of tho zoning provit>iont> of tho Land do\'elopmont Codo, t>hall bo roquirod prior to obtaining n building or land alteration pormit or to occupying any t>paco of land or buildings or for tho conduct of a but>inot>t> in all zoning dit>trictt>. Tho following zoning oortificato roviow procoduro t>hall provido f{)r tho it>t>uanco of a zoning cortifioato. a. For the purpot>ot> of dotermining complianco with tho zoning provit>iont> of tho Land De'..elopment Codo, an approval of a site de'.'elopment plan purt>uant to t>ection 10.02,03 horoin, authorizet> tho it>t>uanco of a zoning cortificate. Said zoning cortificato t>hall oont>tituto a t>tatomont of complianco with all applicnblo provisiont> of tho Land De\'olopment Codo, including tho ut>ot> of tho building t>paco upon whioh applicablo off street parking and loading roquiromonts ':.'oro bat>od, hov.'over, it>t>uanco of a zoning cortificate t>hall not oxompt any pomon from full complianco with ::my applicablo provit>ion of tho Land Dc'..olopment Codo. b. In t>ubdivided buildings oach t>paco for which a ut>o it> propot>od roquirot> a zoning cortificate for that particular t>pace, indopondont of any approval conf-orrod upon tho building and tho land purt>uant to t>oction 10.02.03 and of a zoning cortificato it>t>uod for tho building and tho land, t>hall bo requirod. c. ^ zoning cortificate t>hall bo roquired for any uso of land or buildings locatod in rot>idential zoning dit>trictt>, which invol'Jo tho conduct of a commercial or othor nonret>idontially allo'Nod ut>et> of land or buildings. SUBSECTION 3. ZZ. AMENDMENTS TO SECTION 10.02.13 PUD Reporting Procedures Section 10.02.13 PUD Reporting Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.13. Planned Unit Development (PUD) Procedures * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. .1. The monitoring report must be prepared in a County approved format ta includo as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete,. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). 2. The monitoring report must provide the following information: Page 112 of 160 Words stmek through are deleted, words underlined are added 2 2.:. 4:-Name of project. b. 2-:-Name of owner. c. ~Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and anyon-site or off-site commitments completed and approved as of the due date of the monitoring report. L ~Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information, including on-site or off-site commitments. ~fr.A +!raffic counts report for all access points to the adjacent roadway network which must be sianed and sealed by a professional enaineer and performed over a 72-hour weekday period to include 15 minute intervals and turninq movements in the PM peak two hours: except that the owner(s) of the PUD. in lieu of submittina an annual traffic count report. may elect to make a payment to the County in an amount equal to the cost to conduct the required traffic count(s) as defined in an enaineer's certified estimate of such costs. Such funds received must be used by the County to count traffic on the maior roadway network used by the development as defined in the oriainally submitted traffic impact statement. Le.:Copies of all required monitoring reports completed in past year (Le., traffic, wellfield, etc.). L-7-:Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. !LJhStatus of commitments in PUD document, including projected completion dates if then established. L ~Other information as may be required by County Manager or his designee. 3.4.(;h...-Monitorinq reports must be submitted in aAffidavit form draftod and t>uppliod approved by Collier County to be executed by the owner(s) of the PUD. 4. Chango of ownort>hip. I\Cehange in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that tRe-annual monitoring report. * * * * * * * * * * SUBSECTION 3. AAA. AMENDMENTS TO SECTION 10.02.14 Landscape Plans Section 10.02.14 Landscape Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Section 10.02.14 Landscape Plans A. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section must submit a landscape plan to the County Manager or his Page 113 of 160 Words struek through are deleted, words underlined are added 2 designee. The landscape plan must bear the seal of a Landscape Architect registered in the State of Florida. The landscaping required for single-family, two family, and mobile home dwelling units must be shown on the building permit plot plan. This plan is not required to bear the seal of a landscape architect. * * * * * * * * * * 1. Public educational facilities and Plant, ancillary plant, and auxiliary facility. Essential services including Collier County Public Schools (CCPS)/public Educational and ancillary plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this divit>ion section can be effectively accomplished without meeting specific development standards. The applicant must request an administrative review of the alternative design, as outlined in paragraph (a) below. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or joint use of the school site with another public facility or use. a. Procedure. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An applicant must submit a narrative description identifying the code development standards required by this section which will be addressed through the alternative approach. The County Manager or his designee will administratively review submittal documents for consistency with the intent of this di'Jit>ion section. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmittal to planning services staff for re-evaluation of the request in the context of the amended design and plan. b. Exemption. An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the Code can nonetheless be carried out without meeting these standards. The intent of the di'lit>ion section can be demonstrated by detailing a specific health, safety, or welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is available in the records room in the Community Development Development and Environmental Services Division building. * * * * * * * * * * SUBSECTION 3. BBB. AMENDMENTS TO SECTION 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Page 114 of 160 Words struok through are deleted, words l:lllderlined are added 2 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. * * * * * * * * * * * 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twico. Tho firt>t notico t>hall bo t>ont no lot>t> than 30 dayt> aftor tho rocoipt of a t>ufficiont applioation by tho County Manager or hit> dot>ignoo. Tho socond notico t>hall be t>ont at least -t.a .21 days in advance of the hearing. BetA This notices shall be sent by mail to all owners of property within aoo 1.000 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the aoo 1.000 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property, For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. * * * * * * * * * F. Public participation requirements for small-scale or other site-specific comprehensive plan amendments. rezonings, PUD amendments, conditional uses, variances or parking exemptions. 1. Applicants requesting a small-scale or other site-specific comprehensive plan amendment. rezoning, PUD amendment, or conditional use approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the applicationJ, or after notification of application sufficiency for a small-scale or other site-specific comprehensive plan amendment. and before the Public Hearing is scheduled with the Planning Commission. For a small-scale amendment. the NIM is required prior to the CCPC adoption hearinq. For other site-specific comprehensive plan amendments. the NIM is reauired prior to the Plannina Commission transmittal hearina. A second NIM for a site-specific comprehensive plan amendment. to be held prior to the Plannina Commission adoption hearina. will only be required if. as determined by staff. a substantial chanae has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearina. For all other applications. t+he appropriate number of staff Page 115 of 160 Words struek through are deleted, words underlined are added "l'i" ~ 2 reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.03.05. B. above 6. or 7. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County manager or designee and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting, The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County manager or designee. * * * * * * * * * * SUBSECTION 3. CCC. AMENDMENTS TO SECTION 10.08.00 Conditional Use Procedures Section 10.08.00 Conditional Use Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.08.00 Conditional Use Procedures * * * * * * * * * * I. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of di'/it>ion 3.3 section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. * * * * * * * * * * SUBSECTION 3. DDD. AMENDMENTS TO SECTION 10.09.00 Variance Procedures Page 116 of l60 Words struok through are deleted, words underlined are added 2 ~. Section 10.09.00 Variance Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.09.00 Variance Procedures A. Conditions and safeauards. In recommendino approval of any variance. the planninq commission may recommend appropriate conditions and safeouards in conformity with this zonina code includina. but not limited to. reasonable time limits within which the action for which the variance is reauired shall be beaun or completed. or both. In the case of after-the-fact variances. the plannino commission may recommend. as a condition of approval. that in the case of the destruction of the encroachina structure. for any reason. to an extent eaual to or areater than 50 percent of the actual replacement cost of the structure at the time of its destruction. any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeauards. when made a part of the terms under which the variance is aranted. shall be deemed a violation of this zonina code. B. Recommendation of denial. If the plannina commiSSion recommends denial of a variance. it shall state fully in its record its reason for doina so. Such reasons shall take into account the factors stated in section 9.04.03 of this code. or such of them as may be applicable to the action of denial and the particular reaulations relatina to the specific variance reauested if any. C. Status of p/annina commission report and recommendations. The report and recommendation of the plannina commission required above shall be advisory only and shall not be binding upon the board of zonina appeals. D. Notice of board of zonina appeals public hearina. Upon completion of the public hearino before the plannina commission. the petition shall be heard by the board of zonina appeals. Notice of public hearina shall be aiven at least 15 days in advance of the public hearina before the board of zonina appeals. The owner of the property for which the variance is souaht. or his aaent or attorney designated by him on his petition. shall be notified by mail. Notice of public hearina shall be advertised in a newspaper of aeneral circulation in the county at least one time 15 days prior to the hearina. E. Board of zonina appeals public hearinas. The public hearina shall be held by the board of zonina appeals. Any party may appear in person by aoent or attorney. or may submit written comments to the board of zonina appeals. F. Board of zonina appeals action. Upon consideration of the plannina commission's report. findinas and recommendations. and upon consideration of the standards and auidelines set forth in section 9.04.03 of this code. the board of zonina appeals shall approve. by resolution. or deny a petition for a variance. G. Conditions and safeauards. In arantina any variance. the board of zonina appeals may prescribe appropriate conditions and safeauards in conformity with this zonina code. includina. but not limited to. reasonable time limits within which action for which the variance is reauired shall be beaun or completed. or both. In the case of after-the- fact variances. the board may stipulate that in the case of destruction Page 117 of 160 Words struek through are deleted, words underlined are added 2 of the encroachina structure. for any reason. to an extent equal to or areater than 50 percent of the actual replacement cost of the structure at the time of its destruction. any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeouards. when made a part of the terms under which the variance is aranted. shall be deemed a violation of this zonina code, H. Limitations on power to grant variances. Under no circumstances shall the board of zonina appeals arant a variance to permit a use not permitted under the terms of this zonino code in the zonina district involved. or any use expressly or by implication prohibited. by the terms of these reaulations in the said zonina district. I. Variance application processina time. An application for a variance will be considered "open" when the determination of "sufficiency" has been made and the application is assianed a petition processina number. An application for a variance will be considered "closed" when the petitioner withdraws the subject application throuoh written notice or ceases to supply necessary information to continue processina or otherwise actively pursue the variance, for a period of six months. An application deemed "closed" will not receive further processina and shall be withdrawn and an application "closed" throuah inactivity shall be deemed withdrawn. The plannina services department will notify the applicant of closure. however. failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submittinq a new application. repayment of all application fees and arantina of a determination of "sufficiency". Further review of the request will be subject to the then current code. 1. Applicabilitv. All applications for a variance whether submitted before or after June 26. 2003. shall comply with the processina time procedures set forth in section I. above. SUBSECTION 3. EEE. AMENDMENTS TO APPENDIX E ACCESS MANAGEMENT PLAN MAPS Appendix E Access Management Plan Maps, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: APPENDIX E ACCESS MANAGEMENT PLAN MAPS EXPLANl\TION OF LEGEND AND NOT!\TIONS ON ACCESS MANAGEMENT PLAN M/\PS: Existing buildings and strl:Jcturos Gonerally roprot>ontt> the t>hapo, t>izo and location of structuret> (primarily nonret>idontial) oxit>ting at tho timo of adoption of tho map. Some ut>ot> aro identifiod for goographio referonco (o.g., bonkt>) and othort> bocaut>o of high traffic gonoration (o.g., con':onienco t>torot>, t>hopping contorE). Existing ingrosslogross Indicatot> an exit>ting drive or drivo'l:ay into a projoct at the time of adoption of tho map. ,lI.pprm'od ingros&agross, unbuilt Indicatot> a dri'/o, drivoway or road'Nay approvod by an oxit>ting dovolopmont ordor (PUD, plannod unit dovolopmont or SDP, t>ite dovelopmont plan) but not oont>tructod at tho timo of adoption of tho map. Page 118 of 160 Words struok through are deleted, words underlined are added 2~ Novo' ingrosslegross Indicatet> dOt>irod location of future accet>t> points. Futuro dovelopmont ordem could only bo approvod if accot>t> pointt> comply with thot>o locationt>. Monitor for wtl::Jro modjficationlremo'la.' Indicatot> an oxit>ting or approvod but unbuilt accot>t> point, at tho timo of adoption of tho map, which it> to bo monitorod (re':im\' and analyzo accidontt> roportt>, traffic volumot>, and oporating conditiont> within c1ot>o proximity to tho t>ito) for pot>t>iblo modification or romoval. Ut>ually thit> t>ymbol it> accompaniod by tho potontial change identifiod in paronthot>ot>, o.g., "(pot>t>iblo romoval)." j\ccot>t> pointt> may be modifiod thru modian modification (o.g., chnngo modian oponing from full to diroctional, etc.) and/or at tho accost> point itt>olf. Modian modification may occur independont of t>ito dovolopmont activity. Modification or romoval of the accot>t> point itt>olf may occur at time of site rodovolopmont, t>ignificant t>ito alteration, or chango in ut>o. Existing modiant> Dopictt> location and t>hapo of oxit>ting rot>trictivo modiant> (grat>t> or concroto median, not paintod median) at tho timo of adoption of tho map. Modian dimont>iont> are roprot>ontati'le no fiold moat>uromontt> wero performod. SidoVia/k Indicatet> oxit>ting pavod t>idewalk at tho time of adoption of tho ~ PossibJo traffic light Indicatot> tho pot>t>iblo location of a traffic light at t>omo time in tho futuro, Fl::Jtwn ckJt>ure of mecJi3n oponing Indicatot> tho plan nod or approvod clot>uro of an oxit>ting median oponing due to t>chodulod roadway improvomontt>. Possible closure ef modian opaning Indicatot> tho pot>t>iblo clot>uro of an exit>ting modian oponing. Fuwre modification of median oponing Indicatot> tho plannod or approvod modification of an exit>ting modian opening, e.g. chango from full oponing to diroctional. Possiblo modific:Jtion of modian opening Indicatot> tho pot>t>iblo modification of an oxit>ting modian oponing. SharDS accot>s enoow~agf)d Indicatet> det>ire for one accot>t> point to t>orvo two or moro parcelt> of land. Staff would encourago/roquot>t thit> at time of dovolopmont ordor roviO'..... /\djacont parcelt> under t>ame ownert>hip may bo limitod to a t>inglo accot>t> point onto tho major roadway. Interoonnect encouragod Indicatot> whoro an intorconnoction botwoon proportiot> appoart> appropriate. Staff 'lIQuid oncourago/roquot>t thit> at time of dovolopmont ordor roviow. Potenfj:J,' fntorconnoct Indicatot> gonoral location whoro an intorconnoction botwoon proportiot> appoart> appropriato and whoro one of tho two parco It> it> alroady dovolopod. Staff may encourago/roquot>t thit> at timo of dovolopmont ordor rO'liO'.v of tho undovelopod parcel and at time of rodovolopmont or t>ignificant use chango for tho oxit>ting developod parcol. No dfroct access to (nama of road) Indicatot> a parco I cannot obtain accot>t> from tho t>pocifiod road'Nay rOt>ulting in accot>t> boing obtai nod through intorconnoction with an adjacent property and/or from t>omo other t>troot. No direct :Jocoss to (nama of road) un/ass a shared aocoss point Indicatot> a parcol cannot obtain accot>t> from tho t>pocifiod roadway rot>ulting in accet>t> boing obtained through interconnoction with an adjacont proporty and/or from t>ome othor t>troot unlot>t> tho accet>t> is t>hared with an adjacont property. Page 119 of 160 Words stmek thro\igh are deleted, words underlined are added t,"'" ~ 2 Futum romov-a!, futuro right in, right out, ate. Indicatot> a plannod or approvod chango to an accot>t> point duo to t>chodulod roadway improvomontt> (o.g., plannod futuro 1 laning will includo medinn modification t>uch that an aocot>t> point changot> from full to diroctional) or duo to an approvod dovolopment ordor for difforont land ut>o which oxit>ting accot>t> point romoved or modifiod. Possiblo romoval, possib!o right in, right out, ow. Indicatet> a pot>t>iblo ohango to an accost> point duo to futuro median modificationt> not yot plannod or at> a rot>ult of monitoring tho accot>t> point. Page 120 of 160 Words struek thro\igh are deleted, words underlined are added . U t <!> .. ..It I . " . I ~ '" w .. '" .. ~ I f .. .. ., .. . . . i . I ~ l i ~ C t"" ~ l ./. . I I ..... o 'Tol . I .. ~ t"1 ~ - ca *, i I .' " . I .. oil .. ... ,ru:c:.g. MAHM......,. P' I..MlJ AC'I'lnT" aunu 'NU IX ...... .. ! ~II -I. r ~ .. ~~ -ilr ~~~~.:.tMtM!lIt~_....~ 'I all .. J . t, " Page 121 of 160 Words struek through are deleted, words underlined are added 2 .. t .. .. tI' .. ~ .. oJ .. .. . III .. 2 ~ .---:.,--;"., ~ 1 ~ : If II I :Ii 8j .' ~ 2 ~ I i : I 1..11 II n. I J I' ., . " ~ I ! ! i j ~...... 111'1 J ! i ; if k II I ~ ~ ill i ' ~ nlul iO I f ~ ! fJ III n' ~ I ~ . Ii n ,- · ....:c I , I . ~ .. 11 H~~ III a .1. ~."_.......",,,,,,,..I!lo,\"'__'Ji, Ip J .. t ., I I t I -.- i ~~! ,'\~ . I .1 .- ,. ....... 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I' 2 _J-.I- z.. 0(. ~i ..; Z" \II] a, II ! ~ ; t ; i u ~I III 3 ~) ~ri,! t" 1111 1:::I!1 II _ I!! il a " J' I!~ ~j ! ill II I BilL i iI I. i 1111 ::~ , nl..li'I!!h!Jl'lj 111'1' .~ U~!! ;llllii'II!. ~II!I' G liD 1-...-% · ~ ! ...- ~ [J.YAIII.~W Ii Page 142 of 160 Words struok through are deleted, words underlined are added 2-- SUBSECTION 3. FFF. AMENDMENTS TO APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS Appendix G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS * * * * * * * * * * 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through October 31 st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06. B. Consistent with section 10,02.06 I 5.04.06, no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. C. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius around each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit. D. Use of vehicles on the beach is prohibited, except as may be permitted under section 10.02.06 I 5.04.06. E. Consistent with section 10.02.06 I all materials placed on the beach for the purpose of conducting permitted Beach Events must be: 1) removed from the beach by no later than 9:30 p.m. the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the annual beach events permit. * * * * * * * * * * SUBSECTION 3. GGG. AMENDMENTS TO APPENDIX H - LDC/UDC COMPARATIVE TABLES Appendix H LDC/UDC Comparative Tables, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: APPENDIX H - LDCIUDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the October 18, 2004, effective date, and Page 143 of 160 Words stmek through are deleted, words underlined are added t~" u. 2 the LDC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LDC prior to the October 18, 2004, effective date. The LDC has been revised into a Chapter format as of the October 18, 2004 date. The contents of this Appendix are as follows: Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision-Making and Administrative Bodies Article 6 - Definitions Page 144 of 160 Words struok through are deleted, words underlined are added V. ~ !I' 2 ~ ARTICLE 1 - GENERAL PROVISIONS LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes section Chapter 1.1 Chapter 1 1.01,00 - Title 1,2. Chapter 1 1,02.00 - Authority 1.3, Chapter 1 1.05.00 - Findings, Purpose and Intent 1.4, Chapter 1 1,05.00 - Findings, Purpose and Intent 1.5. Chapter 1 1,04.01 - Generally 1.5.1. Chapter 1 1,04,05 - Relationship to GMP 1.5.2, Chapter 1 1.04,03 - Exceptions 1,5.3. Chapter 1 1.04.02 - Aoolicabilitv to.,. 1,5.4. Chapter 1 1.04.02 - Aoolicabilitv to.,. 1.5.5, Relocated to Code of Laws & Ord.. 1.5.6, Chapter 1 1.04,01 - Generally 1,5,7. Relocated to Code of Laws & Ord.. 1,6. Revised in Supp, 17 (Ord. 03-55) 1,6,1. Chapter 1 1.06.01 - Responsibility for.. . ~~1.6.2. - 10.02.02 - 1,6,6. Submittal Requirements for All Aoolications 1.6.7. Chapter 1 1.06.02 - Rules for Interpretations. . . 1.6.8. Chapter 1 1.06.03 - Interpretations Not.. , 1.6.9, Chapter 1 1,06.02 - Rules for Interoretations.. . 1.6,10. Chapter 1 1,06.40 - Continuity of Zonina 1,7. Chapter 9 9.02.00 - This Division is Development with no longer Vested Rights- legally effective [Reserved] and therefore is not being carried forward, but the section is reserved for future amendment 1,8. Chapter 9 9.03,00 - ~ 1.8,2. was Page 145 ofl60 Words struok tkrough are deleted, words underlined are added 2-.... Nonconform ities revised in Supp. 16 (Ord. 03-27) and Supp. 17 (Ord. 03-55) 1,9. Chapter 8 8.08.00 - Code Enforcement Board 1.10, Fees This Division relocated to the County Administrative Code 1.11. -1.17. These "Reserved" divisions were not required for inclusion in the UDC 1.18, Chapter 1 1,07.00 - Laws Revised in Adopted by Supp, 16 (Ord, Reference 03-27) 1.19. Chapter 10 10.02.08 - 11 1.20, & 1.21, These Divisions are replaced by Section Five in the 2004 adopting Ordinance. 1.22, This Division is replaced by Section Four in the 2004 adopting Ordinance, 1.23 This Division is replaced by Section Seven in the 2004 adopting Ordinance, ARTICLE 2- ZONING LOC Division LDC LDC Sub- UDC Chapter UDC Section Other Notes Section section 2,1, - General 2.1.1. This section is not needed and is not included in the UDC. 2,1,2. Chapter 2 2.01.01 - Purpose 2.1.3, This section is not needed and is not included in the UDC, ss. 2.1.4. - Chapter 2 2.02.01 - 2.1,7. Establishment of Page 146 of 160 Words struek through are deleted, words l:lllderlined are added 2 Official Zoning Atlas ss, 2,1.8, Chapter 2 2.02,01 - & 2,1.9. Official Zoning Atlas ss,2,1.10. Chapter 1 1.04.01 - - 2.1,12, Generallv 2.1.13. Chapter 1 1,04.04 C Reduction 2.1.14. Chapter 2 2.02.02 - District. . . 2,1.15, Chapter 2 2.02.03 - Prohibited Uses 2.1.16. Chapter 2 2.02,02 - District. , . 2.1.17. Chapter 1 1,04.02 - Applicability" . 2.1,18. Chapter 1 1,04.02, D.... Div.2.2. 2.2,1. Chapter 2 2.03,05, & 2,04,03 - Table of Uses 2.2.2. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 16 (Ord, Districts 03-27) & Supp, 18 (Ord. 04-08 ) 2,2.2% Chapter 2 2.03.08 -Eastern New zoning lands/ Rural district Fringe Zoning Districts ss. 2.2.3, - Chapter 2 2,03,01 - Revised in 2.2.10. Residential Supp. 16 (Ord. Zoning Districts 03-27) and in Supp. 18 (Ord. 04-08) 2.2,11. Chapter 2 2,03.02. F- TTRVC District 2,2,11.4.13. Chapter 4 4.06,06 - Special Buffer Requirements,.. I ss. 2.2.12. Chapter 2 2,03.02 - Revised in - 2.2.15 % Commercial SUDD. 18 Zoninq Districts lOrd. 04-08\ ss. 2.2.16 Chapter 2 2.03.03 - Sec. 2.2,16, & 2.2.16 % Industrial Zoning revised in Districts Supp. 17 (Ord. 03-55) and in Supp. 18 (Ord. 04-08 ) 2.2,17, Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 18 (Ord. Districts 04-08 ) ss, 2.2,18. Chapter 2 2.03.04 - Civic Revised in & 2.2.19. and Institutional Supp. 18 (Ord. Zonina 04-08 ) Sub-section Chapter 4 2.2.18.4,6, 4.05.05 - Parking Variation in the P District 2.2.20, Chapter 2 2,03.06 - PUD Revised in Districts Supp 18 (Ord. 04-08) Page 147 of 160 Words stmek through are deleted, words underlined are added 2 ss. 2.2,21, Chapter 2 2.03.07 - ~ 2.2.27. - 2.2.28, Overlay Zoning created by Districts Supp, 16 (Ord, 2.2.27. in 03-27), Chapter 4 revised in 4.08.00 Supp, 18 (Ord. 04-08) 2.2,29 2.2.29.1. - 2, Chapter 2 2.03.07 G.6. 2.2,29.3. - 4, Chapter 10 10.02.05 F, Section and created in 2,2.29.5. (2) Cycle 2,2004 and (6) after the LDC recod ification. 2.2.29.5. Chapter 4 4.02.33 (1), (3), (4) and (5) I ss, 2.2.30. NRPA-2,03.08 C Revised in (NRPA) & , Supp. 18 (Ord. 2,2.31. NBMO - 2.03.08 04-08) (NBMO) D I ss. 2,2.32. Chapter 2 2.03.07 - ~~ 2.2.32.& - 2.2.35, Overlay.. . 2.2.33. revised in Supp. 16 (Ord. 03-27) ~~ 2.2.33. & 2,2.34, revised in Supp. 17 (Ord. 03-55) 2,2.37. This section has expired and is no longer needed or included in the UDC, 2.2,38. New district Revised in ~ 2.03.07 Supp. 18 (Ord. 04-08) 2.3. 2,3.1, This section is not needed and is therefore not included in the UDC, I ss. 2.3.2. Chapter 4 4.05.01 - & 2.3.3, Generally ss. 2.3.4, - Chapter 4 4.05,04 - Sec. 2.3.5. 2,3.12. Parking Space revised in Requirements Supp. 18 (Ord. 04-08) 2.3.13, Chaoter 1 1,04.04 C ss.2.3.14. These were &2.3.15, reserved sections and are not included in the UDC. 2.3,16. Chapter 4 4.05,09 - Revised in Stacking Lane Supp, 16 (Ord. Requirements 03-27) 2.3,16.1, Chapter 4 4,05,08 Bicycle Parkina, , , ss. 2.3.17. Chapter 4 4.05.06 - ~2,3,19, - 2.3.21. Loadina Space revised in Page 148 of 160 Words struek thnmgh are deleted, words underlined are added 2 '.',.'1 Requirements Supp. 16 (Ord. 03-27), 92.3.21, revised in Supp. 18 (Ord, 04-08) 2.3,22. Chapter 4 4.05.07 - Handicapped Parki na. .. ss. 2.3.23. These were & 2.3.24. reserved sections and are not included in the UDC. 2.4, 2.4.1. This section is not needed and is therefore not included in the UDC, 2.4.2. Chapter 4 4.06.01 - Generallv 2.4.3. Note: ss, Chapter 10 Administrative 9 2.4.3.6. 2.4.3.4, - procedures revised in 2.4.3.7. in Chapter. Supp. 16 (Ord. Chapter 4 03-27) (4.06.05) 9 2.4,3, revised in Supp. 17 (Ord. 03-55) 2.4.4. Chapter 4 4,06.05 - 9. 2.4.4. General revised in Landscape Supp. 17 (Ord, Reauirements 03-55) 2.4.4,14. Chapter 4 4,06,04 D. Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generallv 2.4,5, Chapter 4 4.06.03 - 9 2.4.5. Landscaping revised in Requirements for Supp. 17 (Ord. Vehicular.. . 03-55) 2.4.6, Chapter 4 4.06.05 - 9 2.4,6.5. General revised in Landscape Supp, 16 (Ord. Requirements 03-27) 99 2.4.6.6. & 2.4,6.7, revised in Supp. 17 (Ord. 03-55) 2.4.7, Chapter 4 4,06,01 - 992.4,7.2" Generally and 2.4,7.3. & 4.06.02 - Buffer 2.4.7,5. Requirements revised in Supp 17 (Ord. 03-55). 992.4.7,2. and 2.4.7,5. revised in Supp. 18 (Ord. 04-08) 2.5. 2.5.1. This section is Page 149 of 160 Words strnek through are deleted, words underlined are added 2 ,~ not needed and is not included in the UDC, ss. 2,5,2. - Chapter 5 5.06.01 - ~ 2.5.5. 2.5.4. Generally revised in Supp. 17 (Ord, 03-55) and in Supp, 18 (Ord. 04-08) 2.5,5 Chapter 5 5.06.04 Permitted ss. 2.5.6. ~ 2.5.7. Chapter 5 5.06.03 - ~~ 2.5.6.22. & & 2.5.7. revised in Prohibited Signs 2.5,7.30. Supp. 17 revised in (Ord. 03-55) Supp. 16 (Ord. 03-27) 2.5.8. Chapter 5 5.06,04 I ss.2,5.9. Chapter 9 9.03,00 - &2.5.10. Nonconformities 2.5.11. Chapter 9 9.04.00 - Variances s 2,5,12. & Chapter 10 10.02,06 - 2,5,13, Submittal Requirements for Permits 2.6. 2.6.1. Chapter 4 4.04,01 - Generally 2.6.2. Chapter 4 4.02.03 - Specific Standards .., ss. 2.6.3. - Chapter 4 4,02.01 - ~ 2.6.4. 2.6.4. Dimensional revised in Standards for Supp. 16 (Ord. Principal Uses in 03-27); ~ Base Zoning 2,6,3. revised Districts in Supp, 18 (Ord. 04-08) 2.6.2.4. Chapter 5 5.03.01 - Canopv Tents 2.6.4.3. Chapter 9 9.04.00 - Variances 2,6.4.4, Chapter 4 4.02.01 - Dimensional St. ss 2,6.5, & Chapter 4 4.04,01 - 2.6,6. Generally 2.6.7. 2.6.7.1. Chapter 2 2,01,00 A 2,6.7.2, Chapter 2 2.01,00 B 2.6.7.3, Chapter 2 2,01.00 C 2.6.7.4, Chapter 2 2.03.07 L 2.6.8. Chapter 1 1.04.01 - Generallv I 2.6.9, Chapter 2 2,01.03 - Essential Services & 2,04,03 - Table of Uses 2.6.10. Chapter 5 5.05,01 - Businesses., , 2.6,11. Chapter 5 5,03.02 - Fences & Walls 2.6.12. Chapter 2 2.01.00 E I 2.6.13. Chapter 2 2.01.02 Page 150 of 160 Words struok through are deleted, words underlined are added 2 2,6,14, Chapter 2 2.04.00 - Permissible, Accessory , Chapter 4 4,02.01 - (CONTD.) Dimensional Standards & Chapter 5 5.03,03 - Guesthouses 2.6.15. Chapter 5 5.03.04 - Revised in Dumpsters Supp. 16 (Ord. 03-27) 2.6.16. Chapter 5 5.03.05 - Caretaker. . . 2.6.17. Chapter 2 2.01,00 F 2,6.18. Chapter 2 2,01.00 G I 2.6.19, Chapter 10 10,02.06 A 2.6,20. Chapter 5 5.02.00 - Home Occuoations 2.6,21. Chapter 5 5,03.06 - Dock Revised in Facilities Supp.18 (Ord. 04-08) 2.6,21,2.7. Chapter 3 3.05.00 - Veaetation.. . 2.6.22. Chapter 5 5.05.02 - Marinas i 2.6.23. Chapter 2 2,03.01 J 2,6.24. Chapter 5 5,04.02 - Interim.. . 2.6.25. Chapters 2 2,04.00 and 5 5.05,03 2,6.26. Chapter 5 5,05.04 - Group Housina 2,6.27. Chapter 4 4.02.02 - Dimensional Standards I 2.6,28, Chapter 5 5.05.05 - Automobile., . Chapter 9 9.04.07 - 2.6.28.4. Specific Reqts, 2.6.29, Chapter 5 5,05,06 - Private Airports 2.6.30. Chapter 4 4.07,06 2.6.31. Relocated to Code of Laws &Ord. 2.6,32. Chapter 4 4.02.01 - Dimensional Standards 2.6,33, Throughout Temporary Use Chapter 5 - Process in see below 10.02,06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33.3, Caretaker... & Supplement 5.04.03 - 16 (Ord. 03- Temporary 27) Uses,., I Sub-section Chapter 5 5.04.04 - Model 2.6,33.4. Homes,., Sub- Chapter 5 5.04.05 - sections Temporary Page 151 of 160 Words struok through are deleted, words underlined are added 2 .~ 2.6.33.6, - Events 2.6.33.9, Sub-section Chapter 5 5,06.06 - Sign Added in 2.6.33.10. Standards for Supplement Specific 18 (Ordinance Situations 04-08) 2.6.34. Chapter 5 5.04.06 - Annual (see also Beach Events ADDX, G Permit 2,6,35. Chapter 5 5.05,09 - Revised in Communication Supp. 18 (Ord, Towers 04-08 ) 2,6.36. Chapter 5 5.05.07 - Townhouse.., 2.6.37. Chapter 4 4,01,02 - Revised in Kitchens in Supp, 18 (Ord. Dwellino Units 04-08) 2.6,39, Chapter 2 2.03.07 - Overlay Added in TDRs Zoning Districts Supp. 18 (Ord. 04-08). 2.6.40. Chapter 2 2,05,02 - Density Added in Density Blending Supp. 18 (Ord, Blendino 04-08 ) 2.7. Portions revised in Supp.16 (Ord. 03-27) 2,7.1. This section is not needed and is not included in the UDC, 2.7,2, 2.7.2.1. & Chapter 1 0 10,02.08 - Revised in 2.7.2,2, Submittal Supp,17 (Ord. Reauirements" , 03-55) 2.7.2,3. - Chapter 1 0 1 0.03,05 - Notice Revised in 2,7,2.16. Requirements.. . Supp,17 (Ord. 03-55) 2.7.3, Chapter 10 10,02,13 - PUD Revised in Procedures Supp. 17 (Ord. 03-55) and ~ 2.7.3.5. revised in Supp. 18 (Ord. 04-08 ) 2.7.4. Chapter 10 10,08,00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04-08 ) I 2,7.5. Chapter 9 9.04.00 - Variances 2.7,6, Chapter 10 10.02.06 - Submittal.. . 2,7.7. Chapter 2 2.06.00 - AHDB Revised in Supp,17 (Ord. 03-55) 2.8. Chapter 5 All in Portions of ~ 5,05.08 - Div, 2.8. were Architectural carried over Standards, into Div. 2.4. EXCEPT by Supp. 17 2.8.3,3.2, 4,06.02 C (Ord, 03-55) ARTICLE 3. DEVELOPMENT REQUIREMENTS Page 152 of 160 Words struek through are deleted, words underlined are added 2 LDC Division LDC Section LDC Sub- UDC Chapter U DC Section Other Notes section 3.1. General 3.1.1. None This section Overview was not required or included in the UDC 3.1.2, Fees None This section was not required or included in the UDC 3,2. 3.2.1. Title None This section Subdivisions and Citation was not required or included in the UDC 3,2,2. Chapter 4 4.03.01 Puroose 3,2.3. Chapter 1 1.04.01 Revised in Applicability Supp, 18 (Ord. 04-08) 3.2.4. Chapter 1 & 1.04,03 - Exemptions Exceptions Chapter 10 10.02,02 B 3.2.4.10, 10,02,02 B 10. 3,2.4,10. was 1.to 4., not required or Rural Area included in the Subdivision UDC 3,2.4.11. 10.02.02 B 11. 3.2.4.11, was 1.to 4., not required or Chokoloske included in the e Island UDC Subdivision 3.2.5. General 3.2.5.1. Chapter 1 1.04.01 Reauirements 3,2.5,2, Chapter 1 1,04.01 3,2,5.3. Chapter 4 4.03.02 3,2,5.4, Chapter 10 10,02.06 A.2. 3.2.6, Sub- Chapter 1 0 Revised in division Supp. 18 (Ord. review procs 04-08 ) 3,2.6,1, 10.02.01 A. 3.2,6.2. 10.02,04 A. 3.2.6.3. 10.02.05 A. 3.2.6.4. 10.02.05 B. 3,2,6,5. 10.02,05 C. 3.2.7. Chapter 10 10,02,04 - Revised/made Preliminary Submittal optional in subdivision Requirements Supp. 18 (Ord. plat for Plats 04-08 ) 3.2,8, 4,03.02, Revised in Improvement 4.04.01, Supp. 16 (Ord. Plans 4.06.00 03-27) & Supp. 6,03.00 & 18 (Ord.04-08) 6.04,00 3.2.8.1. - Chapter 10 10.02,05- 3.2,8,2, 3.2.8,3.1. & Chapter 10 10.02.05 - 3.2,8.3.2. 3.2.8.3.4, Chapter 4 4.06.01 3.2.8.3.5, Chapter 10 10.02.05 3.2,8.3.6. Chapter 4 4,06,04 3.2,8.3.7. - Chapter 10 10.02,05 3.2.8.3,10, 3,2,8.3.11. Chapter 1 0 10.02,05 Page 153 of 160 Words struek through are deleted, words underlined are added 2 & 3.2.8.3.12, 3.2,8.3.13, Chapter 4 4.06.01 3.2.8.3,14. Chaoter 2 2.01,04 3.2,8.3.15, Chapter 10 10,02.05 & 3.2.8.3.16. 3.2.8.3,17, Chapter 6 6.06.02 3,2.8.3.18. Chapter 10 & 10,02.05 E.3(n) and 4.06.01 C Chapter 4 3.2,8,3.19. Chapter 10 10.02.05 E,3 and 21 3.2.8.3.20 Chapter 6 6.06.03 & and 22. 6.06,05 3.2,8.3.23, Chaoter 6 6.01.00 - 3,2,8.3.24. Chapter 6 6,01,01 A 3.2.8.3.25. Chaoter 6 6,04.01 3,2.8.3.26. Chapter 6 6,05.01 3.2.8.4. 3.2.8.4,1. - Chapter 6 6.05.02 Relocated into 13., Construction except Stds. Manual, 3.2.8.4.11, except as noted, 3.2,8.4.14, Chapter 6 6.06,02 D. NOTE:3.2.8.4.1 4, revised in Supp. 16 (03- 27), 3,2.8.4.15. Chapter 6 6,01.03 3,2.8.4.16. ; Construction Streets Standards Manual Revised in Supp. 17 (03- 55), 3.2.8.4.17, Chapters 6 6.06.03 - Streetlights & and 10 10.02,12 A 3.2.8.4.18. Chaoter 10 10.02,05 E.3.(r) 3.2.8.4.19. Chapter 6 6.01,01 3,2,8.4,20, - None Construction 3.2.8.4,22,; Standards except Manual 3,2.8.4.22, paragraph Chapter 10 10,02,05 E.4 11 3.2,8.4,23. Chapter 6 6.04.01 3.2.8.4.24. Chapter 6 6.04,02 3.2.8.4.25, Chaoter 4 4.06,05 E.3 3,2,8.4.26. Chapter 4 4.06.05 E.4 3.2.9. Final Chapter 10 10.02,04 Revised in subdivision Supp. 18 (Ord. olat 04-08) 3,3, Chapter 10 Revised in Site Supps. 16 Development 10.02.03 - (Ords. 03-27), Plans Submittal Supp. 17 (03- Requirements 55). and 18 (04- for SDP's 08) 3,3,1. This section not required or included in the UDC 3.4. Relocated to Explosives Code of Laws & Ord.; Ch 55, Art Page 154 of 160 Words struck through are deleted, words underlined are added 2 I.. ss. 55-1 - 55- 18 3.5. Excavation 3.5.1,-15.; Relocated to Code of Laws & Ord,; ss. 22-106- except 22-119 NOTE: 3,5,11.; Chapter 3 3,05.10 Revised in Supp. Littoral Shelf 16 (Ord. 03-27) Planting Area and Supp. 18 (Ord. 04-08) 3,6, Relocated to Well Code of Laws & Construction Ord.; ss. 90-1 - 90-8, 3.7. 3.7,1. This section was Soil Erosion not required or Control included in the UDC 3,7.2. This section was not required or included in the UDC 3.7.3, Chapter 10 10.02,02 3.8. Environ- Revised in Supp. mental Impact 18 (Ord. 04-08) Statements 3.8.1. This section was not required or included in the UDC 3.8.2, - Chapter 10 10.02,02 3.8,11, 3,9, Revised in Supp. Vegetation 18 (Ord. 04-08) Removal 3.9.1, This section was not required or included in the UDC 3.9.2. Chapter 3 3.05.02 Exemptions 3.9.3, Chapter 3 3.05.02 Exemptions 3.9.4. -3.9.7 Chapter 3 3.05,07 Div, 3.9 Section Preservation numbering was Standards greatly revised in Cvcle 3, 2003 3.9.5. (prior to Chapter 3 3.05.04 - Revised in Supp. Cycle 3, Vegetation 16 (Ord. 03-27) 2003, then re- removal . . . numbered to thru 3.05.07 3.9.8. 3,9.5.5. 3,05,07 (3.9.4, after Cycle 3, 2003) 3,9,8. 3,9,8.1. Chapter 3 03.05.04 3.9.8.2, Chapter 3 03,05,05 3.9.8,3, Chapter 3 03.05,06 3,9.8,4. This section was not required or included in the UDC 3.9.9. Chapter 3 3.05.08 - Requirement for Removal, , . Page 155 of 160 Words struek through are deleted, words l:lllderlined are added 2 3.9.10, Chapter 10 10.02.06 C - (3.9.6. prior to Submittal Cycle 3. Requirements 2003) for Permits 3,9.10.2. Chapter 10 10,02,06 D 3.9,11,; ss, 3,9.12, & Chapter 10 10,02,06 E - numbered ss. 13, were Submittal 3,9.6.8. and created in Requirements 3.9.6,9, prior Cycle 3 & for Permits to 3rd Cycle, are in Ch.10 2003. 3.10. 3.10.1. This section was Sea Turtle not required or Protection included in the UDC 3.10.2. - Chapter 3 3.04.02 - 3,10.5, Species. .. 3,10.6, Chapter 3 3,04.02 B.6 3,10.7, Chapter 3 3.04,02 3.10,8. This section was (reserved) not required or included in the UDC 3,10,9. Chapter 10 10,02,06. C 3.10,10. This section was not required or included in the UDC 3,11. Chapter 3 3,04.00 - Revised in Supp. Endangered, Protection of 18 (Ord. 04-08) Threatened Endangered, or.,. Threatened.. . 3.11.3.2, & Deleted in Cycle 3.11.3.3. 3,2003 3,11.3.4, Chapter 3 3.04.02 - Species Specific. . . 3.12. 3.12.1. & These sections Coastal Zone 3,12.4. were not required Management or included in the UDC 3.12.2, Chapter 3 3.03,01 - Purpose 3,12.3. Chapter 3 3,03,02 - Applicability 3,12.5, Chapter 3 3,03.02 - Applicability 3.12,5,1. Chapter 10 Cross- Revised in Supp. referenced in 18 (Ord. 04-08) 3.03.04 3.12,5.2. Chapter 10 Revised in Supp. 18 (Ord, 04-08) 3.12,5,3. Chapter 3 3.03.05 - Sea Level Rise 3.12.5.4, Chapter 3 3.03.06 - Native VeQetation.. , 3.12.6. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.8, Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3,12.7.& These sections 3,12,9. were not required or included in the UDC 3.13. 3.13,1 This section was Page 156 of 160 Words struek thrm:lgh are deleted, words underlined are added 2 Coastal not required or Construction included in the Setback UDC. 3.13,2. - Chapter 9 9,04.06 - Variances and 3.13,7. Specific Administrative Requirements procedures for Variance chapter 3.13,8& Chapter 10 10.02.06 A - 3,13,8. revised in 3,13.9 Submittal Supp. 18 (Ord. Requirements 04-13) for Permits 3,14. Vehicle Chapter 10 10,02.06 I. Revised in Supp. on the Beach 16 (Ord, 03-27) ReQulations 3.15, Adequate Revised in Supp, Public 18 (Ord. 04-08) Facilities 3.15.1. This section was not required or included in the UDC 3,15.2. Chapter 6 6,02.01 3,15.3. Chapter 6 6.02.01 0 3,15.4.; This section was reserved not included in the UDC 3,15.5 & Chapter 6 6.02,01 - 3,15.6, Generally & 6.02.02 - ManaQement . 3.15,7. Chapter 10 10,02,07 3,16 3,16,1 3.16.1,1. - These sub- Groundwater 3,16.1.3. sections were not Protection required or included in the ! UDC 3.16,1.4. & Chapter 3 3.06.01 - 3.16.1,5. Purpose and Intent 3.16.2. 3.16.2.1, & Chapter 3 3.06,01 - 3,16.2.1.1. Purpose and Intent 3.16.2.1.2, Chapter 3 Throughout Ch. 3 3.16.2.1.3. Chapter 3 3,06.04 - Groundwater Protection 3.16,2.2. & Chapter 3 3.06,05 - 3.16.2.3, Annual Review of Zones 3.16.2.4, Chapter 3 3.06.06 - 3.06.08 Page 157 of 160 Words struek through are deleted, words l:lllderlined are added 2 .' 3.16.2.5. Chapter 3 3,06.09 - Protection of Future Wellfields 3.16.2.6. Chapter 3 3,06.10 - Effects of,.. 3.16.3. Chapter 3 3.06,11 - Exempted Development 3.16.4. Chapter 3 3.06.12 - Regulated Development 3,16.5, Chapter 3 3.06.13- Countywide Groundwater 3.16.6. Chapter 10 10,04.01 (8) - Determination of Completeness 3,16.7, Chapter 10 10.02.06 (F) - Submittal Requirements for Permits 3,16.8. Chapter 10 10.04,08 - Modifications to Pending Applications 3.16.9. Chapter 10 10,02.02 (E) - Submittal Requirements for All... I 3.16.10, Chapter 10 10.04,11 - Public Hearinas 3,16.11. Chapter 3 3.06,09 - Protection of Future Wellfields 3.16,12. 3.16.12.1 Chapter 1 1.08.00 3,16.12.2 Chapter 1 1,03.02 3.16.13. - Chapter 10 10.01.04 - Administrative 3,16.17, Deter, of procedures Completeness chapter 3,17. Relocated to Post -Disaster Code of Laws & Recovery & Ord.; ss. 38-1 to Re- 38-12. construction Manaaement ARTICLE 4 - IMPACT FEES LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes section Chapter 4,1.-4.7. These provisions are located in Chapter 74 of the Code of Laws & Ordinances, and therefore, are not required to be, and are not, located in the UDC, Page 158 of 160 Words struok through are deleted, words underlined are added 2 ARTICLE 5 - DECISION-MAKING AND ADMINISTRATIVE BODIES LDC Division LDC LDC UDC UDC Other Notes Section Sub- Chapter Section section 5.1. Board of County Chapter 8 8,02.00 - Commissioners BOCC 5,2, Planning Chapter 8 8,03.00 - Commission CCPC 5.3. Board of Zoning Chapter 8 8.04.00 - Appeals BZA 5.4, Building Board of Chapter 8 8,05,00 - Revised in Supp. Adjustment and Appeals BOM 16 (Ord. 03-27) 5.5, & 5,6.; 5.8. ; & 5,10. These Divisions - 5,12. Reserved were not required or included in the UDC 5.7. County Manager 5,7,1. This Section was not required or included in the UDC 5.7,2. 5.7.2.1. This Section was not required or included in the UDC, except for 5.7.2.1" relocated to Sec, 2-78 (a) (4). of the Code of Laws & Ords. 5,9, CD&ES Division Chapter 8 8.09.00 - CD&ES 5.13. Environmental Chapter 8 8.06.00 - Advisory Council EAC 5.14. Historical! Chapter 8 8.07.00 - Archaeological HAPB Preservation Board ARTICLE 6 - DEFINITIONS LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes section Chapter 6.1. Rules of Chapter 1 1.03,00 Rules Construction of Construction 6,2, Chapter 1 1,08,00. A. Revised in Abbreviations Supp, 18 (Ord. 04-08) 6,3. Definitions Chapter 1 1.08.00. B. Revised in all three Supps. (16. 17, and 18), SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. Page 159 of 160 Words struok through are deleted, words l:lllderlined are added 2 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State, with the exception of Section 10.02.02 B.12., as proposed in Subsection 3 TT of this ordinance, shall become effective on September 8, 2005. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of June, 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~w.~ By: . .-. t .or.. By: -<: ..., . ". ''0 - ty Clerk ,,;:: Attest as' U.'.. f nIIn . s .. ". Sfgli*'.W'\ ..\.... ",,n'll). ./ " '~\l> ~~ , ..~ - . '._-' ... ,- ~. ,," . ."...... ...,\ C;;.)'" ~ l _ \ lo . ,.. ~ Approved as to form and I~Z~,~ FRED W. COYLE, CHAIRMAN Patrick G, White Assistant County Attorney Page 160 of 160 Words stmek through are deleted, words underlined are added 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collie~ County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-27 Which was adopted by the Board of County Commissioners on the 8th day of June 2005, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of June, 2005. DWIGHT E. BROCK Clerk ~f, Courts r-~ansr~r~ Ex-offlC10 toOOa;l1d"~:e'~'" ." f".~ ..- '.,,'''~? '\. . County Commis .N .~" ...0(.... ", t ~::,;~:~~, '~,...?, ~~~ ~ ~e ,.1...;,\;:;' '. ,.: t. . 1t::'. _ \ ...., . ..... ~ .. -: t.. ,,' _ '<"; : I "'..... ..-Z...., \ ',,, '~.~:..!. .: (1'~'.A / Heidi' R :".~~6khQid'.',:-;~: . Deputy Cl'erJ('IG13' ~~.'. .'.... ,."