Ordinance 2006-35
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~ A INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~Sl'~" . L'IER COUNTY, FLORIDA, TO BE KNOWN AS THE POST-
DISASTER RECOVERY ORDINANCE AND PROVIDING FOR:
SECTION ONE: PURPOSE AND INTENT; SECTION TWO:
JURISDICTION; SECTION THREE: DEFINITIONS; SECTION FOUR:
THE ESTABLISHMENT OF A POST-DISASTER RECOVERY TASK
FORCE; SECTION FIVE: ESTABLISHMENT OF AN EMERGENCY
REVIEW BOARD; SECTION SIX: POST -DISASTER
REDEVELOPMENT PRIORITIES; SECTION SEVEN:
DETERMINA TION OF DAMAGE, BUILDBACK POLICY,
MORATORIA, EMERGENCY REPAIRS AND EMERGENCY
PERMITTING SYSTEM; SECTION EIGHT: ECONOMIC
REDEVELOPMENT POLICIES; SECTION NINE: GillDELINES FOR
ACQUIRING DAMAGED PROPERTY; SECTION TEN: AUTHORITY;
SECTION ELEVEN: PENALTIES; SECTION TWELVE: REPEAL OF
ORDINANCE NO. 98-62, ORDINANCE NO. 93-20 AND THE SECTIONS
OF ORDINANCE NO. 04-55 DEALING WITH POST-DISASTER
RECOVERY AND RECONSTRUCTION MANAGEMENT AND
DISASTER RECOVERY TASK FORCE; SECTION THIRTEEN:
CONFLICT AND SEVERABILITY; SECTION FOURTEEN: INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
SECTION FIFTEEN: EFFECTIVE DATE.
ORDINANCE NO. 06- 35
WHEREAS, the Southwest Florida and the Collier County areas are vulnerable to a
variety of hazards which may result in major or catastrophic disasters or events causing
substantial injury or harm to the population as well as substantial damage to or loss of property;
and
WHEREAS, Chapter 252, Florida Statutes, confers upon the Board of County
Commissioners of Collier County the authority to declare a State of Local Emergency and take
all actions necessary to ensure the safety and well-being of its residents, visitors, and property
during a disaster; and
WHEREAS, Section 163.3178, Florida Statutes, requires that Collier County identify and
prioritize coastal properties for acquisition according to criteria which includes, the recognition
of hazard mitigation; and
WHEREAS, the 1995 Florida Land Plan (the State Land Development Plan) provides
goals, objectives and policies in Priority Issue VI - Emergency Management - to reduce the
vulnerability and exposure of the public and public facilities to natural and technological
disasters; and
WHEREAS, the Board of County Commissioners of Collier County Florida adopted the
Growth Management Plan by Collier County Ordinance Number 89-05 on January 10, 1989; and
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WHEREAS, the Collier Growth Management Plan, Conservation and Coastal
Management Element, Objective 12.3 requires that the County develop and maintain a post
disaster recovery task force that will plan and guide a unified County response to post-hurricane
disasters; and
WHEREAS, the Collier Growth Management Plan, Conservation and Coastal
Management Element, Policy 12.3.2 requires that after a hurricane the Board of County
Commissioners shall meet to hear preliminary damage assessments; and
WHEREAS, the Collier Growth Management Plan, Conservation and Coastal
Management Element, Objective 12.3 requires that after a hurricane that necessitated an
evacuation, the Board of County Commissioners shall meet to hear preliminary damage
assessments at which time the Post-Disaster Recovery Task Force may be activated and consider
a temporary moratorium on building activities not necessary for the public health, safety and
welfare may be declared; and
WHEREAS, the Collier Growth Management Plan, Conservation and Coastal
Management Element, Policy 12.3.4 requires that the Post-Disaster Recovery Task Force shall
review and decide upon emergency building permits, coordinate with state and federal officials
to prepare disaster assistance applications, analyze and recommend to the Board of County
Commissioners hazard mitigation options including reconstruction or relocation of damaged
public facilities, recommend amendments to the Comprehensive Emergency Management Plan
(formerly the Peacetime Emergency Plan) and other policies and procedures; and
WHEREAS, the Collier Growth Management Plan, Conservation and Coastal
Management Element, Policy 12.3.7 requires that the Post-Disaster Recovery, Reconstruction
and Mitigation Ordinance include requirements to evaluate options for damaged public facilities
including abandonment, repair in place, relocation, and reconstruction with structural
modifications; and
WHEREAS, it is the intent of Collier County to take reasonable action to guide post-
disaster redevelopment activities including, but not limited to, emergency repairs to protect life,
property, or the environment, demolition of structures for health and safety purposes, re-entry
into evacuated areas and assessment of damaged structures as to their condition during the
response and recovery period following major or catastrophic disasters, or events such as, but not
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: PURPOSE AND INTENT.
It is the intent of Collier County (County) to establish, prior to a storm or emergency, a Post-
Disaster Recovery Task Force which, under the direction of the County Manager, will oversee
the recovery and reconstruction process and will coordinate with the municipalities within the
County and with the constitutional officers of the County, County efforts to identify
opportunities to mitigate future damages through the management of recovery and
reconstruction. To further this intent, the County will make every effort to develop its capacity
to identify and coordinate various post-disaster recovery and reconstruction resources while, at
the same time, ensuring maximum local control over the recovery and reconstruction process.
Following a disaster, sufficient time shall be provided to conduct damage assessments, classify
and categorize individual structural damage, and evaluate the effectiveness and enforcement of
the existing building code. It is further the intent of the County to allow rebuilding and
reconstruction in a safe and orderly manner by controlling the issuance of building permits,
development orders, and site development plans in order to manage the location, timing, and
sequence of reconstruction and repair while mitigating against future hazards.
SECTION TWO: JURISDICTION.
This Ordinance applies to all areas within Collier County, Florida under the jurisdiction of the
Collier County Board of County Commissioners (Board).
SECTION THREE: DEFINITIONS.
The following terms and definitions apply for the purposes of this Ordinance:
1. Building Value. The latest total assessment of all improvements on a parcel of land as listed
in the Collier County Property Appraiser's records before the structure was damaged by the
disaster event.
2. Maior or Catastrophic Disaster or Event.
An event that overwhelms local response
capabilities and will require mutual aid, state response, federal disaster relief programs, and
activation of the state and federal disaster response plans.
3. Chief Building Official of Collier County. The Director of Building Review and Permitting,
or his designee.
4. Current Regulatory Standards for New Construction.
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a. For one and two family dwellings - Density, flood plain management, building code,
Land Development Code (LDC) and Growth Management Plan (GMP) requirements.
b. For multi-family dwellings - Density, flood plain management, building code, LDC, and
GMP requirements.
c. For commercial developments - Intensity, LDC, flood plain management, building code
and GMP requirements.
5. Damage Assessment. A systematic procedure for evaluating damage to public and private
property based on the current replacement cost. The assessment may be used to determine if
the damaged area qualifies for federal or state disaster assistance.
6. Destroyed Structure. A structure that is a total loss, or damaged to such an extent that repairs
are not technically or economically feasible. The indicator for this category is if the cost to
repair exceeds forty-nine percent (49%) of the replacement cost at the time of damage or
destruction.
7. Development Order. Any order, permit, determination, or action granting, denying, or
granting with conditions, an application for any final development order, building permit,
temporary use permit, temporary construction and development permit, well permit, spot
survey, electrical permit, plumbing permit, boat-dock permit, septic tank permit, right-of-
way permit, blasting permit, excavation permit, construction approval for infrastructure
(including water, sewer, grading, and paving), development of regional impact (DRI)
development order, zoning ordinance amendment, flood variance, coastal construction
setback line vanance, vegetation removal permit, agricultural clearing permit, site
development plan approval, subdivision approval (including plat and plan) rezoning, planned
unit development amendment (PUD), certification, conditional use, variance, or any other
official action of the County having the effect of permitting development as defined in the
LDC.
8. Emergency Review Board. An administrative board established immediately following a
disaster at the direction of the Board of County Commissioners to implement the County
Buildback Policy.
9. Local Damage Assessment Team. A group of individuals designated by the local jurisdiction
to perform damage assessments according to state and federal requirements.
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10. Maior Disaster. An event that may require mutual aid, state response assistance and federal
disaster relief programs.
11. Maior Damaged Structure. A structure that can be made habitable with extensive repairs and
includes damage to the foundation, roof structure, electrical and major structural components.
The indicator for this category is if the cost to repair is greater than twenty percent (20%) and
up to and including forty-nine percent (49%) of the replacement cost at the time of damage.
12. Minor Disaster. An event that is likely to be within the response capabilities of local
government and results in only a minimal need for state or federal assistance.
13. Minor Damaged Structure. A structure that can be made habitable in a short period of time
with minimal repairs including, but not limited to, damaged doors, windows, floors, roofs,
central air conditioners, compressor units, electrical distribution systems, and other minor
structural damage. The indicator for this category is if the cost to repair is twenty percent
(20%) or less of the replacement cost at the time of damage.
14. Presidentially Declared Disaster. A disaster of significant impact to the health and welfare of
the citizens within the County in which the Governor of the State of Florida has made a
request for federal assistance via the Federal Emergency Management Agency and the
Department of Homeland Security to the President of the United States.
15. Post-Disaster Recovery Task Force. A group of officials drawn from County Staff,
representatives of utility companies, municipalities, and constitutional officers within the
County established by this Ordinance for the effectuation of its purposes.
16. Replacement Cost. The actual cost to repair, reconstruct, rebuild or replace a damaged
structure. It shall not include the following parts of a structure or items not considered a
permanent part of the structure: such as, but not limited to, building plans, surveys, permits,
sidewalks, pools, screens, sheds, gazebos, fences, furniture, and carpeting. For purposes of
this Ordinance, the replacement cost shall be compared to the structure's replacement value
to determine the percent of the structural damage.
17. Replacement Value. The assessed value of the structure listed in the Collier County Property
Appraiser's Records, or the estimated current replacement cost of the building or structure as
determined by a certified property appraiser.
18. Structure. Anything constructed or erected which requires a fixed location on the ground, or
in the ground, or attached to something having a fixed location on or in the ground.
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SECTION FOUR: ESTABLISHMENT OF THE POST-DISASTER RECOVERY
TASKFORCE.
The Post-Disaster Recovery Task Force (Task Force) is hereby established as a post-disaster
response management team consisting of community organizations and County and municipal
personnel to provide an efficient recovery response to catastrophic disasters as provided for in
Chapter 252, Florida Statutes. Upon direction of the Collier County Board of County
Commissioners (BCC), the County Manager shall schedule meetings to discuss specific roles
and responsibilities of the Task Force in accordance with this Ordinance, and relative issues
associated with recovery, emergency temporary repairs, and reconstruction processes following a
disaster.
1. The membership of the Task Force shall be composed of the following:
a. The County Manager, or designee.
b. The Community Development and Environmental Services Administrator, or designee.
c. The City Manager, or designee, for the City of Naples.
d. The City Manager, or designee, for the City of Marco Island.
e. The Mayor, or designee, for Everglades City.
f. The County Transportation Administrator, or designee.
g. The County Public Utilities Administrator, or designee.
h. The County Public Services Administrator, or designee.
1. The County Health Department Director, or designee.
J. The County Emergency Management Director, or designee.
k. The County Human Services Director, or designee.
I. The County Fire Code Official, or designee.
m. The County Emergency Medical Services Director, or designee.
n. The County Communications and Customer Relations Director, or designee.
o. A representative from the American Red Cross.
p. A representative from the School District of the County.
q. A representative from the Collier Building Industry Association, Inc.
r. A representative from the American Specialty Contractors of Florida, Inc.
s. A representative from the County Sheriff's Office.
t. A representative from the Clerk of the Circuit Court.
u. A representative from the County's Property Appraiser's Office.
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v. Chair, or Vice Chair, of the Local Mitigation Strategy Working Group.
2. Duties of the Post-disaster Recovery Task Force shall include, but shall not be limited to
the following:
a. Review all planning associated with the recovery and reconstruction process as described
in the Collier County Comprehensive Emergency Management Plan (CEMP) and
associated plans dealing with implementation of post-disaster moratoria and build-back
policies;
b. Provide recommendations to the BCC for direction on recovery priorities and goals, and
to coordinate and prioritize the recovery and reconstruction process with the construction
industry;
c. Initiate recommendations to the BCC for the enactment, repeal or extension of
emergency ordinances, resolutions and proclamations for its consideration;
d. Recommend to the BCC the imposition of any building moratoria that may be warranted
as a result of the disaster;
e. Review the nature of damages, identify and evaluate alternate program objectives for
repairs and reconstruction, and formulate recommendations to guide the community in its
recovery;
f. Coordinate and implement strategies for temporary housing efforts if recommended by
the U.S. Department of Homeland Security of the Federal Emergency Management
Agency, U.S. Department of Housing and Urban Development and the State Emergency
Response Team;
g. Receive and review damage reports and other analysis of post-disaster circumstances, and
to compare these circumstances with mitigation opportunities identified prior to the
disaster to determine appropriate areas for post-disaster change and innovation; and,
where needed, the Task Force may review alternative mechanisms to bring about such
changes and recommend the coordination of internal and external resources for achieving
these ends including consultant or contract labor;
h. Recommend to the BCC land areas and land use types that will receive priority In
recovery;a
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1. Recommend to the BCC blanket reductions in non-vital zonIng regulations and
development standards (e.g., buffering, open space, side setbacks, etc.) to minimize the
need for individual variances or compliance determinations prior to reconstruction; and
J. Evaluate damaged public facilities and formulate alternative mitigation options (i.e.,
repair, replacement, modification or relocation).
3. Officers, Quorum and Rules of Procedure:
a. The Task Force shall be chaired by the County Manager, or designee, and co-chaired by
the Community Development and Environmental Services Administrator, or designee.
The presence of ten (10) or more members shall constitute a quorum of the Task Force
necessary to take action and transact business. In addition, an affirmative vote of ten (10)
or more members shall be necessary in order to take official action regardless of whether
ten (10) or more members of the Task Force are present at the meeting.
b. All meetings of the Task Force shall be open to the public. The Task Force, by a
majority vote of the entire membership, shall adopt rules of procedure for the transaction
of business and shall keep a written record of meetings, resolutions and findings and
determinations. Copies of all Task Force minutes, resolutions and exhibits shall be
submitted to the Board.
c. Members of the Task Force, not employed by the County, shall serve without
compensation, but shall be entitled to receive reimbursement for expenses reasonably
incurred in the performance of their duties upon prior approval of the Board.
d. The Task Force shall be reviewed by the Board every four (4) years commencing in the
year 2010 to evaluate the need for changes to these provisions.
SECTION FIVE: ESTABLISHMENT OF EMERGENCY REVIEW BOARD.
The Emergency Review Board is hereby established by this Ordinance. Upon the declaration of
a state or federal state of disaster, the Emergency Review Board will be convened at the direction
of the Board as an integral element of disaster declaration to implement the County's Buildback
Policy.
1. The Emergency Review Board shall be chaired by the Community Development and
Environmental Services Administrator and shall consist of:
a. The Building Review and Permitting Department Director, or designee,
b. The Department of Zoning and Land Development Review Director, or designee;
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c. The Comprehensive Planning Department Director, or designee;
d. The Code Enforcement Department Director, or designee; and
2. The duties and authority of the Emergency Review Board include, but are not limited to:
a. Serve as an advisory committee to the Task Force;
b. Review all planning activities associated with the recovery and reconstruction process as
described in the Comprehensive Emergency Plan and associated plans dealing with post-
disaster moratoria, build-back policies, emergency permitting and zoning, condemnation
of buildings for structural and electrical deficiencies, enforcement and application of the
LDC affecting setbacks, parking, buffering, open space, temporary signage, use of
recreational vehicles for temporary living purposes, and other associated land
development regulations;
c. Establish and define criteria for emergency repairs, determine the duration of the build-
back period for build-back permitting activities and implement emergency permitting
policies and procedures;
d. Supervise preliminary damage and detailed assessments; and
e. Consider grants of administrative variances, waivers or deviations to effectuate the
Buildback Policy.
f. Assist in the implementation of local mitigation plans.
Decisions rendered by the Emergency Review Board may be appealed to the Board through the
normal administrative appeals process provided for in Subsection 1O.02.02.F.5.b. of the LDC.
SECTION SIX: POST -DISASTER REDEVELOPMENT PRIORITIES.
The following priority sequence shall govern community rebuilding and redevelopment efforts.
Procedural responsibilities and associated priority of effort will be defined in detail in the
Comprehensive Emergency Management Plan:
1. Re-establishing services that meet the physical and safety needs of the community to include,
but not be limited to the provision of: water, food, ice, medical and health care, emergency
access, continuity of governmental operations, communications, security of residents and
possessions from harm, temporary housing, and debris removal;
2. Re-establishing the infrastructure necessary for community reconstruction such as, but not
limited to: electrical distribution systems, potable water and sanitary sewer service, medical
and health care facilities, storm water and transportation facilities, and housing facilities;
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3. Restoring the community's economic base, as defined by the County GMP or accepted
econometric principles and practices; and
4. Improving the community's ability to withstand the effects of future disasters.
SECTION SEVEN: DETERMINATION OF DAMAGE. BUILDBACK POLICY.
MORATORIA. EMERGENCY REPAIRS. AND EMERGENCY
PERMITTING SYSTEM.
1. Determination of Damage. The primary task of the Local Damage Assessment Team (Team)
shall be to identify structures that have been damaged as a result of the disaster. The Team
shall catalog and report to the Chief Building Official those structures that have been
destroyed, received major damage, and/or received minor damage. The Chief Building
Official shall then, as may be necessary, inspect the damaged structures and place each
structure in one of the damage categories provided for by this Ordinance and catalog
estimated flood levels. The assessment shall also serve as a basis for determining if federal
and state disaster declarations are warranted. The Team shall be authorized to:
a. Label or placard homes or facilities that are deemed unsafe for entry or occupancy;
b. Provide coordination with fIre and emergency medical services personnel during search
and rescue operations, where there is evidence of a compromise in structural safety;
c. Utilize data from GIS or other resources to determine residential locations that may be
eligible for disaster relief programs based on damage paths or community demographics;
and
d. Make recommendations to the Chief Building Official, or authorized certifying official,
regarding the level appropriate of occupancy for damaged structures while temporary or
emergency repairs are taking place.
2. Buildback Policy. Structures which have been destroyed by natural or manmade disasters to
the extent that the cost of reconstruction or repair exceeds forty-nine percent (49%) of the
replacement value of the structure may be reconstructed, but only in accordance with the
legally documented actual use, density, size, style, and type of construction including square
footage existing at the time of destruction, thereby allowing such structures to be rebuilt or
replaced to the size, style, and type of original construction, including original square
footage; provided, however, that the affected structure, as rebuilt or replaced, complies with
all applicable federal, state and local regulations which local requirements do not preclude
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reconstruction otherwise intended by this Policy. This Buildback Policy shall be activated
upon declaration of a state or federal state of disaster. In accordance with this Policy:
a. Structures damaged up to and including forty-nine percent (49%) of the replacement
value at the time of disaster may be rebuilt to the original condition, with repair work
subject to current building and life safety codes;
b. Structures damaged by the disaster by more than forty-nine percent (49%) of the
replacement value at the time of the disaster may be rebuilt to the original square footage
and density, provided that the structure complies with:
1) Federal and County requirements for elevation above the one-percent (1 %) annual
chance of a flood event as defined on the existing flood insurance rate maps (FIRM);
2) Collier County Building Code requirements for accessibility and flood proofing;
3) Current building and life safety codes;
4) Coastal construction control line regulations which do not preclude reconstruction
otherwise intended by this Policy; and
c. Any required County zoning or other development regulations, with the exception of
existing density or intensity requirements, shall apply unless compliance with such
zoning or other development regulations would preclude reconstruction otherwise
intended by this Buildback Policy as determined by the Emergency Review Board; and
d. To minimize the need for individual variances or compliance determinations prior to
reconstruction, the County Manager, or his designee, through the Emergency Review
Board may initiate processes to grant administrative waivers, deviations or variances
from the provisions or standards of the LDC affecting setback, parking buffering, signage
and/or open space requirements.
The Emergency Review Board may require
documentation as to the actual uses, densities, and intensities existing prior to the disaster
event and at the time of the original construction through such means as, but not limited
to, photographs, diagrams, plans, affidavits, and permits prior to authorizing
modifications to the above requirements. In no instance shall the parking requirements
be modified where the reconstruction involves an increase in density or intensity of use.
The LDC requirements may be modified as follows:
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I) Setbacks. Front, rear, side, or water body setbacks shall be modified to permit the
reconstruction of existing structures that are non-conforming with regard to a specific
setback only so long as:
a) The reconstruction will not result in an increase in the height of the structure as
defined by the LDC;
b) The reconstruction will not result in a further diminution of the setback. The
Emergency Review Board may approve bay windows, chimneys and similar
architectural features that may encroach further into the setback provided the
encroachment does not protrude beyond the existing overhang of the building;
c) Front, side, or water body setbacks may be modified to permit the construction of
a handicapped access appurtenance to any reconstructed building;
d) Front, rear, side, or water body setbacks may be modified to allow the
replacement of stairs or decking that provides access into any reconstructed
dwelling unit;
e) Front, rear, side, or water body setbacks may be modified to legitimize minor
existing encroachments in setbacks discovered at the time of reconstruction; and
f) Buildings or structures that are not in compliance with current setback regulations
and which can be proven to have been permitted prior to the adoption of such
regulations shall be considered legally non-conforming and shall also be reviewed
by the Emergency Review Board pursuant to this Section.
A letter, signed by the Community Development and Environmental Services Administrator, or
designee, verifying that modifications to the development standards have been approved under
the terms of this Ordinance shall be provided to the property owner to be recorded in the Official
Records of The County. A copy of this letter shall be included in the permanent file for each
building permit authorizing the reconstruction.
2) Parking. Non-residential parking requirements shall be modified only under the
following circumstances:
a) To improve ingress and egress to the site in accordance with the County
Access Management Plan.
b) To eliminate or reduce the instances where conditions require that parked
vehicles back out onto the public streets.
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c) To allow for the provision of handicapped parking spaces in accordance
with the LDC.
A letter, signed by the Community Development and Environmental Services Administrator, or
designee, verifying that the parking requirement modifications have been approved under the
terms of this Ordinance shall be provided to the property owner to be recorded in the Official
Records of the County. A copy of such letter shall be included in the permanent file for the site
development plan or site improvement plan approved for the subject property.
3) Buffering and/Open Space. Buffering or open space requirements shall be modified
only under the following circumstances:
a) To accommodate modifications to existing parking areas or additional parking
areas.
b) To accommodate changes as a result of reconstruction.
c) In no instance shall buffering or open space areas be eliminated.
d) A letter, signed by the Community Development and Environmental Services
Administrator, or designee, verifying that the buffering or open space
requirement modifications have been approved under the terms of this
Ordinance shall be provided to the property owner to be recorded in the
Official Records of the County. A copy of this letter shall be included in the
permanent file of any site development plan or site improvement plan
approved for the subject property.
e) The initial build-back period for administrative reviews by the Emergency
Review Board shall be six (6) months. This period may be extended by the
BCC taking the extent and severity of the disaster into account.
3. To expedite recovery efforts and repair to damaged structures, the Emergency Review Board
is further authorized to:
a. Allow the temporary use of recreational vehicles for living purposes on property where
damage has rendered the principal residence uninhabitable for a period of 6 months after
the disaster event. This period may be extended by the Board taking the extent and
severity of the disaster into account.
b. Allow the temporary staging of vegetative debris and the mulching and removal of the
debris on sites previously designated by the Public Utilities Administrator for such use
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and approved for such use by the Community Development and Environmental Services
Administrator for a period of 6 months after the disaster event;
c. Allow temporary signs for businesses whose signs have been damaged or destroyed until
such time as replacement signs are permitted and receive a certificate of completion and
to eliminate or reduce fees for temporary use permits associated with these signs for a
period of six (6) months after the disaster. This period may be extended by the Board
taking the extent and severity of the disaster into account; and
d. Suspend the requirement for tree removal permits for the removal of trees damaged by
the disaster for a period of 90 days after the disaster event. This period may be extended
by the Board taking the extent and severity of the disaster into account; and
e. Allow repair to minor damaged structures, other than single-family homes. and the
replacement of accessory structures not containing habitable space through the building
permit process, without requiring the submittal of a site development plan or site
improvement plan for a period of up to six (6) months after the disaster event, under the
following conditions:
1) Evidence shall be submitted with the building permit application showing that the
original structure was legally permitted;
2) The extent of the reconstruction work shall be limited to repair or replacement of
damaged structures, or parts of structures, in the same location, footprint, and
configuration as the original structure;
3) No reconstruction work shall be performed that would increase the non-conformity of
a legal non-conforming structure or use, although any reconstruction work which
reduces a non-conformity shall be permitted;
4) If the reconstruction work involves the replacement of an accessory structure, a
survey shall be submitted with the building permit application showing the original
location of the accessory structure. In cases where the original accessory structure
was encroaching into any setback, the replacement accessory structure shall meet
current setback requirements, whenever possible;
5) No clearing of vegetation shall be allowed unless properly reviewed and permitted.
This period may be extended by the Board taking the extent and severity of the
disaster into account;
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4. Zoning approval shall not relieve the applicant from the obligation to meet the requirements
of any other county, state, or federal agency or department; and
5. Damaged structures shall not be reconstructed at a more intense use or higher density than
originally permitted by the GMP, and no redevelopment at a higher density or more intense
use shall be permitted unless appropriate zoning, development review, building permit, and
other applicable land development approvals are granted through the normal processes as set
forth in the LDC.
6. Moratoria. The Board may, pursuant to Chapter 252, Florida Statutes, declare a moratorium
under the following conditions in order to prioritize the repair and reconstruction of damaged
critical public facilities immediately needed for public health, safety and welfare purposes.
a. Initial Building Moratorium.
1) Declaration of an initial building moratorium. An initial building moratorium may be
declared when one or more of the following actions or findings occur:
a) The County is under a Local State of Emergency or declared a disaster area by
either the Governor of the State of Florida or the President of the United
States;
b) One hundred (100) or more structures have received major damage or have
been destroyed as determined by the Chief Building Official;
c) A finding has been made by the Board that a state of local emergency exists in
accordance with Chapter 252, Florida Statutes; that there are escalations in
homeland security threats; or that there are other emergency situations
determined by the Director of Emergency Management; or
d) The County is unable to maintain minimum acceptable levels of service
expected during non-emergency situations as provided for by the Capital
Improvement Element of the GMP.
2) Duration. The initial building moratorium shall remain in effect for up to seventy-two
(72) hours. No building permits shall be issued during this time period. After
expiration of this initial building moratorium, a destroyed structure moratorium may
become effective upon declaration by the Board. Said moratorium may cover the
entire unincorporated area of the County, or any part thereof.
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b. Destroyed Structure Moratorium. No building permit shall be issued for at least thirty
(30) days following the expiration of the initial building moratorium for the replacement
of any structure that has been destroyed. When a building permit is issued, damaged
structures may be rebuilt in accordance with the Buildback Policy set forth herein.
c. Maior Damaged Structure Moratorium. No building permit for repairs of a major
damaged structure shall be issued for at least ten (10) days following the expiration of the
initial building moratorium.
d. Minor Damaged Structure Moratorium. No building permits for the repair of minor
damaged structures shall be issued for at least four (4) days following the expiration of
the initial building moratorium.
e. New Development Moratorium. No building permits for new construction or
reconstruction unrelated to rebuilding or repairing structures damaged by the disaster
shall be accepted nor shall building permits for new construction be issued for at least
thirty (30) days following the expiration of the initial building moratorium so that
damage may be assessed and repairs be made. The Disaster Recovery Task Force will
determine and advise the Board as to whether a new development moratorium is required
based upon the results of the damage assessment and recommendations from the Chief
Building Official.
f. Outstanding Building Permit Inspection Moratorium.
1) All building permits that were issued prior to the disaster shall be suspended for a
minimum period of thirty (30) days following the expiration of the initial building
moratorium, unless the Chief Building Official determines on an individual case-by-
case basis that sufficient inspection staff is available to adequately inspect the
structure should construction begin or resume. Suspension of a building permit
means that no further construction authorized by the building permit is permitted and
that no inspections by the Building Review and Permitting Department will be
performed during the moratorium period.
2) The County reserves the right to re-inspect any and all construction in progress
pursuant to validly issued pre-disaster building permits to verify that the work in
place suffered no damage as a result of the disaster. In the event that the County
determines that such construction sustained damage during the disaster or suspects
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that damage occurred, the property owner and/or general contractor shall be
responsible for rework, removal, retesting, and uncovering work to facilitate
inspection so that compliance with the building permit and the building code are
ensured.
3) Submittal dates and review periods associated with applications for inspections
relating to building permits suspended under this Section shall be adjusted
accordingly to reflect the time period covered by this thirty (30) day moratorium.
g. Outstanding Development Order Moratorium.
1) All development orders as defined herein issued prior to the disaster will be suspended
for a minimum period of thirty (30) days following the expiration of the initial
building moratorium. Suspension of the development order means that no
construction pursuant to the development order is authorized and that no inspections
by the Collier County Community Development and Environmental Services
Division will be performed during the moratorium.
2) The County reserves the right to re-inspect any and all construction in place prior to
the Disaster to verify that the improvements were not damaged during the disaster. In
the event that the County determines that improvements were damaged during the
Disaster or suspects that damage occurred, the property owner shall be responsible for
rework, removal, retesting, and uncovering the work to facilitate inspection, so that
compliance with the appropriate development order and the LDC shall be ensured.
3) Submittal dates and review periods associated with applications for development
orders suspended under this Section shall be adjusted accordingly to reflect the time
period covered by this thirty (30) day moratorium.
h. Site Development Plan, Subdivision Plat Review, and Zoning Request Moratorium.
1) Site development plans which have been submitted to the County prior to the disaster
shall not be reviewed by the County Staff for a period of thirty (30) days following
the expiration of the initial building
2) No new site development plans, zoning requests or subdivision plats shall be accepted
by the County for a period of thirty (30) days following the expiration of the initial
building moratorium; and
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3) All submittal dates and review periods shall be adjusted accordingly to reflect the time
period covered by this thirty (30) day moratorium.
1. Duration of Moratoria. All moratoria other than the initial building moratorium shall be
in effect for the length of time described above and may be terminated or extended by the
Board.
7. Emergency Repairs. No construction or reconstruction activity shall be undertaken without a
building permit while a building moratorium is in effect. Emergency repairs necessary to
prevent injury, loss of life, imminent collapse of a structure or other additional damage to the
structure or its contents shall not be subject to the temporary moratoria provided for by this
Ordinance. Emergency repair activities shall not require individual building permits. Such
emergency repairs activities shall include, but not be limited to:
a. Temporary roof repairs with plywood or plastic sheeting to make structures habitable or
to prevent continuing damage to building interiors and exteriors due to exposure to the
elements;
b. Covering exterior wall openings with plywood or plastic sheeting;
c. Repairs to interior ceilings to make buildings habitable or to drain accumulated flood
waters;
d. Repairs to steps; and,
e. Temporary stabilization measures, for any structure greater than three stories exclusive of
coastal shoringlarmoring, to avoid imminent building or structure collapse and certified
by a licensed structural engineer, in coordination with the Chief Building Official and
Fire Chief of the appropriate fire district.
Emergency repairs to buildings or infrastructure that support the following organizations or
activities shall not be subject to any temporary moratorium. This type of infrastructure includes,
but is not limited to, facilities that provide electrical power, potable water, waste water, and
communications facilities; emergency stabilization of roadways; police, fire and medical
facilities; essential governmental facilities; response/recovery centers and distribution centers;
and debris removal activities. Nothing in this Ordinance shall be construed to suspend any state
or federal permit regulations.
8. Emergency Permitting System. The County Manager, or his designee, through the Recovery
Task Force shall be authorized to amend the administrative policies associated with the
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processing and application of building permits and associated local development orders in
order to facilitate the expeditious issuance of building permits for the purpose of disaster
recovery. Unless directed by the by the Governor and/or the Florida Building Commission,
the Building Director shall insure that the most recent provisions of the Florida Building
Code are strictly enforced to assure the quality of the reconstructed buildings and structures,
and to implement the County Buildback Policy as set forth herein.
SECTION EIGHT: ECONOMIC REDEVELOPMENT POLICIES.
1. The following priorities will guide the use of resources employed toward rebuilding the
community's economic base:
a. Rebuild the community businesses;
b. Restore agricultural and industrial activities; and
c. Re-establish the tourist industry.
2. Damaged businesses and other economic enterprises necessary for the public health and
safety and for restoring the community's economic base shall be allowed to use temporary
structures such as, but not limited to, modular buildings, mobile homes, or similar type
structures to carry out their respective activities until the reconstruction necessitated by the
disaster is completed.
SECTION NINE: GillDELINES FOR ACQUIRING DAMAGED PROPERTY.
1. When determined to be in the public interest, the Board may negotiate with a property owner,
or owners, whose improved real property has been damaged by the disaster for the purpose of
acquiring such buildings and associated land or lots for transfer by sale, lease or donation to
the County under the following conditions:
a. The property shall be located in an area affected by the disaster;
b. The property shall be free of any encumbrances; and
c. Any structure shall:
1) Have been damaged substantially beyond repair or shall have been damaged to the
extent that the cost of reconstruction or repair exceeds forty-nine percent (49%) of the
replacement value of the building or structure at the time of the disaster; or
2) Not be capable of repair because of the Buildback Policy set forth herein or due to
significantly increased building costs; or
3) Has been abandoned by its owner.
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2. Property acquired under these conditions shall be dedicated for open space uses; uses which
would not likely sustain damage in the event of a future disaster, or open space uses
including parks for outdoor recreational activities, nature preserves or trails, beach access,
unimproved parking lots, and structures functionally related to these uses such as, but not
limited to, open-sided picnic facilities, refreshment stands, or other non-habitable structures
primarily supporting the recreational activities.
SECTION TEN: AUTHORITY.
Nothing in this Ordinance limits the authority of the Board to declare, repeal or extend a state of
local emergency.
SECTION ELEVEN: PENAL TIES.
1. Any person, firm, company or corporation who fails to comply with or violates any section
of this Ordinance, or the emergency measures which may be made effective pursuant to this
Ordinance, is guilty of a misdemeanor of the second degree, and upon conviction for such
offense, may be punished by a fine not to exceed five-hundred dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the County Jail, or both, in the discretion of
the Court hearing the case. Each day of continued non-compliance or violation will constitute
a separate offense. In addition to this penalty, any construction licensee of the County or the
State of Florida who violates any provision of this Ordinance or the emergency measures
which are effective as a result of this Ordinance, will be charged with said violation and have
the matter heard before the appropriate County Board, state administrative body, or court of
law; and
2. Nothing contained herein prevents the County from taking such other lawful action in any
court of competent jurisdiction as is necessary to prevent or remedy any failure to comply
with, or violation of, this Ordinance or the emergency measures which may be made
effective according to this Ordinance. Such other lawful action includes, but is not limited
to, an equitable action for injunctive relief or an action at law for damages.
SECTION TWELVE: REPEAL.
Ordinances numbered 98-62 and 93-20 are hereby repealed in their entirely. The sections of
Ordinance Number 04-55 dealing with post-disaster recovery, reconstruction management and
the Disaster Recovery Task Force are hereby repealed in their entirely.
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SECTION THIRTEEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of the County or other applicable
law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or
portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION FOURTEEN: INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Collier County Code of
Laws and Ordinances. The sections of the Ordinance may be renumbered or re-Iettered to
accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any
other appropriate word.
SECTION FIFTEEN: EFFECTIVE DATE.
This Ordinance becomes effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this (;(5 Tit day of <..JiJ I Y , 2006.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. J?RO~~,'CLERK COLLIER COUNTY, FLORIDA
~~Cl&rd~~ BY: .:;:=-'>~O/
D~puty Clerk $ ,,'n, to C'h4iraa,. , FRANK HALAS CHAIRMAN
$jon~tcr.' ~~i~ '
, ... .
Approved as to form
and legal sufficiency
~~ I)l. Otud<..{ -Illcdc,
Marjori M. Student-Stirling .' 3
Assistant County Attorney
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This ordinance fjled with the
~{etory of ~tt; Office th.c.
-Z4- day of u.. I ~\.o
and acknowledgement of that
~~. ""'.:J:"'I thi~ day
~~OC~~
~.tIy elm
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2006-35
Which was adopted by the Board of County Commissioners on
the 25th day of July 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of July 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~kc
Teresa Dillarrl,
Deputy Clerk