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Chapter 10 - Applications, Review and Decision Making Procedures10.01.00 GENERALLY 10.01.01 Purpose and Intent [Reserved] 10.01.02 Development Orders Required A. Development Order Required. No on-site or off-site development or development related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permit including, but not limited to:SDP,SIP, Construction Drawings, or clearing permit, except where early work authorization or early construction authorization has been approved. B.Early Work Authorization (EWA). An EWA permit allows for limited development activities before a development order is issued provided all underlying zoning approvals are in place. The Administra- tive Code shall establish the submittal requirements to obtain an EWA permit. 1.An EWA permit may be approved by the County Manager or designee for 1 or more of the following activities: a.Vegetation removal (site clearing); b.Excavations; c.Site filling; d.Construction of stormwater management facilities limited to ponds, retention/ detention areas, interconnection culverts, and swale systems; e.Off-site infrastructure; and f.Construction of a perimeter landscape buffer,berm, wall, or fence. 2.The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a.The proposed vegetation removal complies with LDC section 3.05.05 O; b.County right-of-way permit has been approved; c.A determination of native vegetation to be retained for landscaping which would comply with LDC section 4.06.00; d.An excavation permit has been approved; e.A Soil Erosion and Sediment Control Plan demonstrating compliance with the provisions of LDC section 6.01.05; f.Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g.A vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $2,000.00 per acre is posted for stabilization with vegetation in accordance with LDC section 4.06.04 A.3; APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.01.00 10.01.02 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:3Supp. No. 25 h.Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); i.The EWA permit is valid for 60 days with the possibility of two 60-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded. Where more time is needed, a new EWA may be requested; j.All preliminary construction activities are at the risk of the developer. C.Early Construction Authorization (ECA). An ECA permit may grant the applicant a conditional building permit prior to development order approval subject to the criteria, limitations, and procedure established in this section. 1.The ECA may be approved by the County Manager or designee if the following criteria are met: a.A form provided by the Collier County Growth Management Division is submitted that clearly states the developer understands that all such preliminary construction activities are at his/her own risk. b.The zoning designation allows the use. c.The proposed vegetation removal complies with LDC section 3.05.05 O, if applicable. d.The site development plan, improvement plan or amendment application has been submitted and reviewed and the first review comments are posted. e.The building permit application and plans have been submitted, reviewed and the portion of work to be authorized by the permit has been approved by the Collier County Building Department. f.The portion of work to be authorized for the permit has been approved by the Fire authority having jurisdiction and in accordance with the Florida Fire Prevention Code. g.Posting of a bond or other surety acceptable to the County, naming the County as the insured, to make certain that any construction improvements, for all phases, will be removed if the development does not receive the necessary final development order approval.The bond or surety shall be in an amount equal to an estimated cost prepared by the developer and approved by the County Manager or designee to remove improvements granted by the ECA permit. If phased permits are approved, the initial bond or surety shall be increased to cover the construction authorized by the phased permit or a subsequent bond or surety shall be posted. 2.Limitations on construction activity. a.The ECA permit allows approved construction to commence up to the first building code inspection. Construction may continue following phased or complete building permit approval by the Collier County Building Department and the Fire authority having jurisdiction. All construction is subject to the time limitations identified in the Florida Building Code, Permit intent, section 105.4.1. COLLIER COUNTY LAND DEVELOPMENT CODE 10.01.02 B.2.10.01.02 C.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:4Supp. No. 25 b.If the site development plan, improvement plan or amendment is denied by the County, then the developer shall remove any improvements permitted by the ECA's conditional building permit within 30 days of the denial. Failure to remove the improvements within 30 days will result in the forfeiture of the bond or surety provided for in 10.01.02.C.1.g. 3.Procedure. a.The ECA permit application shall be reviewed by the Collier County Planning and Zoning Department, the Building Department and the Fire authority having jurisdic- tion through a combined submission process. b.Failure to receive an approved site plan prior to the expiration of the building permit shall result in the forfeiture of the bond or surety provided for in 10.01.02 C.1.g. (Ord. No. 05-27, § 3.RR; Ord. No. 12-38, § 3.DD; Ord. No. 13-56, § 3.II; Ord. No. 18-18, § 3.O; Ord. No. 22-04, § 3.H) 10.01.03 Applicability and Exemptions [Reserved] A.Generally B.Exemptions 10.01.04 Fees Required A.Fees and administrative surcharge for wellfield permits. 1.Fees. a.The board shall establish, by resolution, an application fee for certificates to operate and wellfield conditional use permits to cover the cost of the county's administration and implementation regulations and prohibitions of this section. b.It is the intent of this section that the cost of implementation be borne wholly by the regulated development. 2.Administrative surcharge. a.The board may, by resolution, impose a surcharge on: i.Revisions and modifications of certificates to operate and wellfield conditional use permits; and ii.Appeals from adverse administrative determination. b.The surcharge shall include a fee for the purpose of administering this section including, without limitations, professional staff time in processing and revising the application, petition or appeal and reasonable costs.It is the intent of this section that such costs are wholly borne by the regulated development. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.01.02 C.2.10.01.04 A.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:5Supp. No. 25 3.Fee schedule.The fee schedule for applications for certificates of operate, petitions for wellfield conditional use permits, appeals from adverse administrative determinations, and revisions and modifications to any of the same, shall be posted in the office of the County Manager, the department and shall be on file with the clerk to the board. 10.02.00 APPLICATION REQUIREMENTS 10.02.01 Pre-Application Conference Required A. Subdivision review procedures. 1.Preapplication conference.Prior to formal filing of a preliminary or final subdivision plat, an applicant shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the applicant and the County Manager or his designee to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. a.Preapplication.A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary or final subdivision plat. The written application shall contain the following: i.Written statement.Ten copies, unless otherwise specified by the County Manager or his designee, of a written statement generally describing the condition of the property and the proposed development of the entire subdivision. This statement shall include but is not necessarily limited to data on existing covenants or restrictions, location of utility facilities and public facilities, general soil characteristics, and other information describing the subdivision proposed, such as number of parcels,lots, or tracts;typical lot or other parcel configuration; water retention areas; public areas; anticipated utility sources; zoning classifications; and any other information needed for preparation and review of the preliminary subdivision plat. ii.Plan.Ten copies, unless otherwise specified by the County Manager or his designee, of a plan including the following: a location plan showing the location of the land to be subdivided; approximate acreage; natural features such as native habitat identified by vegetative cover and depicted in aerial imagery; low or swampy areas; water bodies, streams, lakes, canals or the like; identification of adjacent lands; a brief description of the land to be subdivided; name, telephone number and address of owner and developer and its representatives; date; north point;street; general lot and block layout; layout of all adjoining streets; zoning classification of the property proposed for subdivision and adjacent properties; location of existing improvements; and any other significant features. iii.Aerial photograph with overlay.Current aerial photograph of not less than 1 to 200 scale, with clear film overlay with proposed subdivision configuration COLLIER COUNTY LAND DEVELOPMENT CODE 10.01.04 A.3.10.02.01 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:6Supp. No. 25 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.01 A.1. 10.02.01 A.1. superimposed upon it. In the rural, less populated areas of the county, a minimum scale of 1 to 400 will be acceptable, upon request to the development service director, if the 1 to 200 scale is not readily available. b. Issues of discussion. Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: i. Proposed development.The applicant should describe the general nature of the proposed development, including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of common open space or treatment of public uses; preservation of natural features; protection of environmentally sensitive areas; proposed off-street parking and internal traffic circulation; and total ground coverage of paved areas and structures. ii. Review procedures. The County Manager or his designee shall identify procedural review requirements for the proposed development and appli- cable review requirements and standards in terms of this section that apply to the review of the proposed development. This should include identifying which decision-making body or bodies will review the application and the approximate length of the development review procedure. iii. Referral agencies. The County Manager or his designee will make a good faith effort to identify the federal, state and local agencies that may be required to review the proposed development,and if possible identify for the applicant the name and title of persons at these agencies to contact about review procedures, and generally describe the information which will be needed to satisfy the concerns of the relevant federal, state and local agencies. iv. Application contents. In conformance with the requirements of this section, the County Manager or his designee shall establish the contents of the preliminary or final subdivision plat required to be submitted for the proposed development. This shall include descriptions of the types of reports and drawings required,the general form which the preliminary or final subdivision plat shall take, and the information which shall be contained within the preliminary or final subdivision plat and supporting documenta- tion. v. Application copies and fees. The County Manager or his designee shall identify the number of copies of the preliminary or final subdivision plat application that are required to be submitted for the proposed development, along with the amount of the fees needed to defray the cost of processing the application. c. Summary.At the conclusion of the preapplication conference, the applicant shall be presented with a written summary or checklist of the meeting by the County Manager or his designee. (Ord. No. 06-07, § 3.R) Supp. No. 11 LDC10:7 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.02 10.02.02 A.S. 10.02.02 Infrastructure Standards and County Inspections A. Road Construction. 1. Materials. Streets shall include a stabilized subgrade, base and wearing surface in accordance with standards designated by the County Manager or designee and as shown in the applicant's approved typical sections. 2. Utility Installation. After the clearing, grubbing, and grading has been completed within 6 inches of final subgrade of the roadway for a street,all underground work for the water mains, sanitary sewers, storm sewers, gas mains, telephone, electrical power conduits and appurtenances, and any other utility shall be installed across the width of the street to the sidewalk area, or provisions shall be made so that the roadway or right-of-way will not be disturbed by future utility installations.All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. 3. Utility casings. All casings to be installed within the roadway section of a project must be located at a depth at least 6 inches below the bottom elevation of the roadway stabilized based course. All casings providing water service must extend to the intersection of the right-of-way line and the lot line. Unless approved by the County Manager or designee pursuant to the Collier County Utilities Standards and Procedures Ordinance 2004-31, as amended, all casings required for the complete service of underground utilities to the subdivision must be installed during the construction phase of the project.Any casing which must be placed after completion of the roadway stabilization and paving shall have its method of installation approved by the County Manager or designee. 4. Subgrade and shoulders. All subgrade and shoulders shall be stabilized to a depth of 12 inches and to the full width as shown on the applicant's approved typical section drawing. The stabilized area must be free of muck, roots, and other objectionable material. The subgrade and shoulders must be stabilized and compacted to obtain the minimum limerock bearing ratio(LBR)of 40 LBR and at least 98 percent of maximum density as determined by AASHTO T180. If the bearing value of the natural soil is less than that specified,the subgrade and shoulders must be stabilized in accordance with section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended. The construction of the subgrade and shoulders must generally conform to section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construc- tion, as amended. 5. Base. The base shall be compacted limerock constructed to the thickness specified in the applicant's approved typical section drawing for the class and type of road to be constructed, and shall be built to the specified width and centered on the subgrade. Limerock used for the base must meet the standard specifications for grade no. 2 limerock and must be compacted to obtain at least 98 percent maximum density as determined by AASHTO T180. Construc- tion and materials of the base must conform to sections 200 and 911 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended. Alternate base courses that meet FDOT specifications may be considered and approved by the County Manager or designee. Supp. No. 11 LDC10:8 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.02 A.6. 10.02.02 C.1. 6. Prime. The base must be primed with type RC-70 bituminous material of SS-1 (asphalt emulsion) and shall comply with section 300 of the Standard Florida Department of Transportation Specifications for Road and Bridge Construction, as amended. 7. Surface course. The surface course thickness and width shall be as specified in the applicant's approved typical section drawings.The processing of the mixture and construc- tion of the surface course must comply with sections 320, 330, and 334 of the Standard Florida Department of Transportation Specifications for Road and Bridge Construction, as amended. 8. Pavement striping.All work shall be in accordance with section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended. 9. Grass. All areas within the right-of-way not receiving the surface course must receive seed, fertilizer, and mulch in accordance with sections 570, 981, 982 and 983 of the Standard Florida Department of Transportation Specifications for Road and Bridge Construction, as amended.Where sod is specified by the County Manager or designee for erosion control, it shall be installed prior to preliminary acceptance of the roadway. 10. Construction in muck or clay areas. The design of streets proposed in excessive muck areas shall be considered on an individual basis and may,where so directed by the County Manager or designee, require the use of under drains. Alternate methods of construction may be considered by the County Manager or designee based on a design study, containing soil testing data, and recommendations prepared by a geotechnical engineer licensed to practice in the State of Florida and supported by the applicant's professional engineer. 11. Alternative types of pavement,base,and subgrade. Alternate types of pavement, base, and subgrade determined by the County Manager or designee to be equivalent to those specified in this section may be approved. Application for such approval must be accompanied by written data, calculations, and analysis which show, by generally accepted engineering principles, that the alternate types are equal or superior to those specified. B. Road Maintenance. The applicant shall be responsible for maintenance of the roads for the period between preliminary and final acceptance.This includes workmanship, materials, and all repairs and maintenance. C. Pavement Samples,Testing,and Inspections by the County Manager or designee. 1. Pavement samples. The developer shall provide core samples of both the base course and surface course of the completed public and private roadways prior to preliminary approval.The core samples shall be taken at a maximum of 300 linear feet intervals and arrangements shall be made to immediately replace the removed core materials to conform to the specifications to the line and grade of the immediate surroundings' pavement surface.The core samples shall be taken by an approved testing laboratory and/or professional engineer and certified as to location and thickness measured. a. A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be accepted.Any deviations more than these tolerances shall result in withholding preliminary acceptance until such time that the pavement is brought up to county standards. Supp.No.21 LDC10:9 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.02 C.2. 10.02.03 A.2. 2. Testing. The applicant must have the subgrade and shoulders tested for compaction and limerock bearing ratio (LBR) at intervals set forth in Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, or as directed by the County Manager or designee.The subgrade and base, as specified in LDC section 10.02.02 A.4.and A.5, shall be tested for compaction by a certified engineering testing laboratory. Prior to acceptance by the county, a copy of the test results along with a statement of compliance issued by the testing laboratory, must be furnished to the County Manager or designee. 3. Inspection by the County Manager or designee. During construction, a field inspection shall be made by the County Manager or designee. It is the applicant's responsibility to provide written notice to the County Manager or designee when construction is ready for inspection. (Ord. No. 13-56, § 3.JJ) Editor's note—Ord. No. 13-56, § 3.JJ, adopted September 24, 2013, amended section 10.02.02 in its entirety to read as herein set out. Former section 10.02.02, pertained to submittal requirements for all applications. See Land Development Ordinance Disposition Table for complete derivation. 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit.This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as:consistency with the county's growth management plan;the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access;the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts on those resources. 2. Applicability.All development, except as identified in LDC section 10.02.03 A.3, is subject to the provisions of this section. a. No building permit or certificate of occupancy shall be issued except in compliance with the following: Approved site development plan or site improvement plan, and amendment thereof; ii. Approved nominal alteration plan; or iii. Approved early construction authorization permit. b. No final local development order shall be issued or renewed for any regulated development that would allow development or change in use in violation of the LDC. c. All final local development orders issued in violation of the LDC are deemed invalid, and shall not confirm or vest any development right or property interest on the owner/operator or regulated development. Supp.No.21 LDC10:10 d.Violation of the terms identified in the approved site development plan, site improvement plan, and amendments thereof shall constitute a violation of the LDC. 3.Exemptions from Site Development Plans and Site Improvement Plans.While the following land use activities shall be exempt from the provisions of LDC section 10.02.03, they are not exempt from other provisions of the LDC such as, but not limited to, landscaping, tree removal, development standards, and the submission requirements attendant to obtaining temporary use and building permits, unless otherwise stated in subsection 10.02.03 A.3. a.Single-family detached and two-family housing structure(s)on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). b. Townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of LDC subsection 10.02.04 B.2.a.4 c.Underground construction;utilities, communications and similar underground construc- tion type activities. d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where an early work authorization has been entered into with the county except where a land alteration permit is required by the LDC. e.Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, pursuant to LDC subsection 5.04.03.Model homes and sales centers, except as otherwise provided by LDC section 5.04.04. f.Project entryway signs, walls, and gates. g.Signage proposed for the project in conformity with LDC section 5.06.00, sign regulations and standards. h. Neighborhood parks, subject to the approval of a conceptual site plan depicting, on a 24 by 36 sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. i.Minimum landscape buffering. Under certain circumstances with neighborhood parks, there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in section 4.06.02. The County Manager or designee will determine, on a case-by-case basis, whether such deviation is necessary.This determination will be made upon a request for determination from the applicant, which must include all reasons that would justify the deviation.The County Manager or designee will use factors including, but not limited to, the following when making a determination for deviation: (a)The geographic location of the neighborhood park; APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 A.2.10.02.03 A.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:11Supp. No. 25 (b)The effects that a lack of buffering will have on neighboring uses; and (c)The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. 4.Agricultural Exemptions.Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standards contained in section 10.02.03 B., standard application requirements as described in section 10.02.03 D., may be waived in part or in full by the County Manager or 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 E. addressing the application requirements deemed necessary by the County Manager or designee shall be submitted to the Planning and Zoning Department for review and approval. 5. School Board Review Exemption. a.School board review ("SBR") application contents.The SBR application submittal will be in accordance with section 10.02.03 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of educational facilities and ancillary plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. b.The expedited site plan for school board review, as referenced in section 10.02.03 A.3.a. of the Land Development Code, will consist of the following areas of review: i.Collier County Utilities Standards and Procedures, Ordinance No. 04-31, as may be amended. In accordance with this Ordinance, the following require- ments must be met: (a)That portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 A.3.10.02.03 A.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ [The next page is LDC10:25] LDC10:12Supp. No. 25 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 A.3. 10.02.03 A.3. (b) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (c) Chapters 3 and 10 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply. (d) Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. (e) The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Depart- ment to determine the need for a change in meter sizing and additional grease traps. (f) South Florida Water Management District(SFWMD) permits shall be submitted prior to the issuance of an SBR approval. ii. Compatibility review.The County will conduct a compatibility review that will take into account the Architectural and Site Design Standards contained within Section 5.05.08 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orien- tation of buildings and ancillary facilities. In addition, The Utility Billing and Customer Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this compatibility review will be a courtesy review. For high school facilities,this will be a formal review process and is subject to the appeal process set forth in this section 10.02.03(A)(3)(c) of the Code in the event that the County denies the application based on non-compliance with the items listed in this paragraph. iii. Landscaping and buffering.. Chapter 4.06.00 of the Code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the code allowing admin- istrative deviations from the landscaping and buffering standards for essen- tial services such as Educational and ancillary plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School Supp. No. 5 LDC10:25 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 A.3. 10.02.03 A.3. District can demonstrate that the intent of this section can be effectively —� accomplished without meeting the specific development standards. The reasons for deviations are set forth in this Chapter 10 of the code, but the deviation shall be in the format required by Section 5.05.08 of the code. iv. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staff will determine the necessity for an environmental impact statement ("EIS") to be submitted. (b) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determi- nation 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. (f) An exotic vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and ancillary plant prior to the issuance of a Certificate of Occupancy. (g) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such docu- mentation is received and the application is deemed sufficient for review. v. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The --�. School District shall submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. Supp. No. 5 LDC10:26 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 A.3. 10.02.03 A.3. vi. Collier County Stormwater Management Policies as follows: (a) A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County main- tained drainage facilities. (b) SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. (c) Easements for drainage improvements and access to them must be submitted prior to SBR approval.When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. (d) If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. (e) All proposed development activities will be fully in compliance with the Interim Watershed Management regulations of LDC section 3.07.00. vii. Public educational plants and ancillary plants are deemed to be essential public services and as such are subject to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. viii. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any acces- sory structures including portable classrooms. ix. Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: (a) The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the educational plant or ancillary plant.The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the Supp. No. 5 LDC10:26.1 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 A.3. 10.02.03 A.3. County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the educa- tional plant or ancillary plant. Off-site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accom- modate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Ser- vices Division and the Public Utilities Division. (b) Turn Lanes. The School District will be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improve- ment(s)determined by Collier County Transportation Staff shall be in place prior to issuance of the first permanent certificate of occu- pancy.When said turn lane improvement(s),whether left turn lane(s) or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way shall be provided in conjunction with said improvement(s), as determined by Collier County Trans- portation Staff. All turn lane design criteria used shall be in accor- dance with the minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as re- quired by Chapter 316, Florida Statutes, as may be amended. The turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. (c) Sidewalks. As part of the SBR process, the School Board and the County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. (d) The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an educational plant or ancillary plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of the traffic signal(s), Supp. No. 5 LDC10:26.2 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 A.3. 10.02.03 A.3. the traffic signal(s)will be turned over to the County, and will then be operated and maintained by the County Transportation and Opera- tions Department. Any negotiations relevant to "fair share" pay- ment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact. (e) All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. (f) All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. (g) The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. Supp. No. 5 LDC10:26.3 (h)Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations. (i)In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion. c. School board review ("SBR") process.The SBR for School Board projects shall be reviewed under the following expedited process: i.The SBR application will be reviewed only as to the criteria set forth in section 10.02.03 A.3.a. ii.The SBR application submittal must be in accordance with section 10.02.03 of the Code, but only as to those submittal requirements which are consistent with the review criteria set out in section 10.02.03 A.3. iii.The parties will develop a checklist that defines the items to be submitted for a SBR review application. iv.Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County.The County will schedule a pre-application meeting with the School District within 3 weeks of a request being submitted to the County. (a)The County will review the development proposal for compliance with the Letter of Consistency. (b)The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by the code or the interlocal agreement. v.At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed educational plant or ancillary plant to the County for SBR approval. (a)The County will have 14 days to determine whether the submittal is complete and sufficient.If the application package is not sufficient for review, the County will request additional information from the School District. (b)Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance.The 90 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:27Supp. No. 25 days may be extended upon agreement of the County and the School District. Once an affirmative decision has been rendered, the School District may obtain building permits and commence construc- tion. (c)Failure by the County to issue a Letter of Compliance within 90 days after determining the application package is sufficient for review shall be considered an approval.However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal. vi.Letter of Compliance.After the expedited review and the County's determina- tion of compliance with the terms of the Code and the interlocal agreement, the County Manager or his designee, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this section, the County Manager or his designee shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee.Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the County Manager or his designee as described in the Appeals process below. vii.The parties agree that the School District shall not request reviews and that County review is not requested or required for the following: (a)The placement of temporary or portable classroom facilities; or (b)Proposed renovation or construction on existing school sites, with the exception of construction that: (i)changes the primary use of a facility; (ii)includes a stadium; (iii)results in a greater than 5 percent increase in K-12 student capacity; or (iv)encroaches upon the established setbacks as set forth in this Agreement. viii.Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire authority having jurisdiction for review pursuant to Rule 69A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:28Supp. No. 25 ix.SBR and consistency review Fees.The County will develop a review fee for the processing of the SBR and consistency review applications submitted by the School Board.The School Board will pay standard County review fees for all other related project review services. x.Appeals. In the event that the County denies the application based on non-compliance with relevant standards of the code and the interlocal, or in the event that the Superintendent's designee and the County Manager or his designee disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. (a)The request for appeal shall be filed in writing with the County Manager or his designee and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. (b)The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the County Manager or his designee, the position of the School District and public testimony. If the BCC upholds the decision of the County Manager or his designee, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the County Manager or his designee, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. d. Consistency review.The following process will be followed with respect to future educational plant and ancillary plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use,conditional use, or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be reviewed during the aforementioned SBR process. i.The consistency review will be conducted as follows: (a)Prior to the purchase of a site for an Educational or ancillary plant, the school district will request a pre-application meeting with the County. (b)The County will schedule a pre-application meeting with the School District within 3 weeks of a request being submitted to the County. (c)The County will review the proposed site for consistency with the FLUE, GGAMP, IAMP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complimentary pattern of development, landscaping and buffering concerns, stormwater management, configuration of the traffic circula- APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:29Supp. No. 25 tion systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use,conditional use or prohibited use in the zoning district on the site.Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submit- ted to determine major issues that may affect site feasibility: (i)Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. (ii)Future Land Use Designation.A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation. (iii)Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. (iv)Growth Management. Identification of any Area of Critical State Concern and development of Regional Impact. (v)Timing and Impact of development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year. (vi)Public Facilities and Transportation. The School Board will indicate the proposed existing level of service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public utilities that will served the proposed site. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 A.5.10.02.03 A.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:30Supp. No. 25 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 A.4. 10.02.03 B.2. (vii) The School Board will identify any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. (d) Within 45 days of the submission of the information outlined in Section 10.02.03 A.3.d. i.(c) of this Code, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational consistency review. (e) Letter of Consistency.After the County review, the County Manager or his designee, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013.33(11) Florida Statutes. (f) After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School District shall have up to 1 year to acquire the site. Once the site is acquired,the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. (g) After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre-application process detailed in section 10.02.03 A.3.c.iv.(6) of the code, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. B. Standards for Site Development and Site Improvement Plans.The County Manager or designee shall review and consider all site development plans and site improvement plans in accordance with the following standards: 1. Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space, common facilities, conservation/preservation areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county. 2. Development compliance with all appropriate zoning regulations and the growth manage- ment plan. The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fire or catastrophe, or other emergency. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of access or location of access points in a PUD ordinance, Supp. No. 11 LDC10:31 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 B.2. 10.02.03 B.10. does not authorize or vest access to the major road system. The location, design, capacity, or routing of traffic for any specific access point will be determined by, and must comply with, the regulations for site development in effect at the time of site development plan approval. 3. The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed development, considering vehicular and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, screening and landscaping. 4. Adequacy of recreational facilities and open spaces considering the size, location, and development of these areas with regard to adequacy, effect on adjacent and nearby properties as well as uses within the proposed development, and the relationship to community-wide open spaces and recreation facilities. 5. Adequacy of the proposed landscape screens and buffers considering preservation of the development's internal land uses as well as compatibility with adjacent land uses. 6. Water management master plan on the property, considering its effect on adjacent and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans.Water management areas not maintained shall be corrected according to approved plans within 30 days.The engineer of record, prior to final acceptance, shall provide documentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater systems functions and indicating responsibility for maintenance of the system. 7. Adequacy of utility service, considering hook-in location and availability and capacity for the uses projected. 8. Signage proposed for the project in conformity with LDC section 5.06.00, and a unified sign permit shall be applied for with the submittal packet for the site development or site improvement plan. 9. Architectural design of the building for all commercial developments located in any commercial zoning district. 10. Outdoor serving areas shall be explicitly detailed on the site plan, showing layout of chairs, tables, benches, bars and other serving area features as may be requested. The plan shall clearly indicate that the location is unenclosed and provide information on hours of operation, whether or not live performance music/amplified sound will be provided as entertainment and the approximate distances of all adjacent residential zoning districts or residential uses within 2500 feet of the location. a. The County Manager or designee may require additional landscape buffering beyond LDC requirements, the relocation of the outdoor serving area to another part of the development, the installation of sound attenuation devices, limitations to hours of operation and further restrictions on outdoor entertainment and amplified sound which, in their professional judgment, will help to mitigate the impacts of the outdoor serving area on adjacent residential zoning districts and/or residential uses. Supp. No. 11 LDC10:32 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.03 B.10. 10.02.03 D.1. b. Within 30 days from an applicant's first designation of the use in a site development plan, it shall be within the discretion of the County Manager or designee to deny approval of such site development plan if, in the professional judgment of the County Manager or designee, such use is believed to be not compatible with or has the potential to cause a deleterious effect upon an adjacent residential use. c. Notice of such denial shall be promptly mailed to the applicant for the site develop- ment plan.The applicant and staff will meet at their earliest convenience to discuss and attempt to resolve the compatibility issues,which can include,but is not limited to, moving the questioned use to another location within the development. d. Should the parties be unable to reach a solution,the matter will be promptly referred to the Collier County Planning Commission.At a publicly noticed hearing, the Planning Commission will review the proposed use and make a finding as to: (1) whether the proposed use was intended for this site, and (2) whether such use can be made compatible with the adjacent residential zoning districts and/or uses through the imposition of certain conditions or restrictions, including but not limited to locating the use to another location within the development, additional buffering, sound attenua- tion devices, limitations on hours of operation, requirement of a vestibule, walls, and relocation of dumpsters. e. Should either the County or the applicant be unwilling to abide with the findings and recommendations of the Planning Commission, the matter will then be forwarded to the Board of County Commissioners for a public hearing,to be conducted in the same manner as LDC Section 10.08.00,except that for notice purposes 10 days prior notice by publication will be sufficient. 11. Such other standards as may be imposed by the LDC, the growth management plan or other applicable regulations for the particular use or activity proposed. C. Conceptual site development plan review and approval. At the request of the applicant and subject to the applicable fee set forth in the schedule of fees,the Planning and Zoning Department will complete a conceptual review and issue a written summary of issues of concern and conceptual approval.This conceptual approval shall not mean that the project has received final approval,it shall only indicate that the project is in substantial compliance with the requirements of the LDC and may be approved subject to further review, changes and modifications. D. Site Development Plan Requirements (SDP). A pre-application meeting shall be conducted by the County Manager or designee prior to the submission of any site development plan for review.This meeting may be waived by the County Manager or designee upon the request of the applicant. 1. Application.The Administrative Code shall establish the process and submittal requirements for a site development plan.A site development plan application shall include, but not be limited to, the following information in order to illustrate compliance with LDC standards and other State, Federal, and local agency requirements. a. Zoning designation of the subject and adjacent properties. Supp.No.17 LDC10:33 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 D.1. 10.02.03 D.S. b. Site plan with existing and proposed buildings and structures, including equipment, permanent emergency generators and related fuel storage and screening, dimen- sions, heights, setbacks, and separations.Parking, open space, preserves, and other applicable land uses shall be identified on the site plan. c. Architectural plans. d. Environmental Data, as applicable. e. Landscape plans. f. Streetlight plans. g. Transportation system, sidewalks, and pathways, including all ADA information. h. Stormwater management plan including all technical specifications and design com- putations. i. Utility information, including existing and proposed facilities. j. Trash and recycling information. k. Building plans. Information from the Fire Code, including Fire Hydrant Flow test report, if applicable. m. Information from the Standard Building Code, including type of construction, number N"" of stories,total square footage under roof, occupancy/use and fire sprinkler intentions of all proposed structures so that a fire flow may be determined. n. Site construction plans,including all technical specifications and design computations. o. Any additional relevant information as may be required by the County Manager or designee. 2. Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida. 3. The engineering plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. 4. The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida. 5. Construction and Completion of Site Development Plan Improvements. a. Pre-construction meeting.A pre-construction meeting shall be held prior to construc- tion.All necessary permits and necessary applications requiring county approval and other permitting and construction related items, including but not limited to the items Supp.No.17 LDC10:34 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 D.5. 10.02.03 D.5. noted below, shall be submitted prior to the pre-construction conference. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre-construction meeting: i. Florida Department of Environmental Protection water and sewer facilities construction permit application. ii. Excavation permit application. iii. A Notice of Intent (NOI) to issue either a Florida Department of Transporta- tion and/or a Collier County right-of-way permit. iv. Blasting permit prior to commencement of any blasting operation. v. South Florida Water Management District permit, if required, or, Collier County general permit for water management prior to site development plan approval. vi. Interim wastewater and/or water treatment plant construction or interim septic system and/or private well permits prior to building permit approval. vii. Any additional state and federal permits which may be required prior to commencement of construction, addressing the impacts on jurisdictional wetlands and habitat involving protected species. viii. All other pertinent data, computations, plans, reports, and the like necessary for the proper design and construction of the development that may be submitted. ix. All necessary performance securities required by Collier County ordinances in effect at the time of construction. x. The following permits, if applicable require final approval and issuance prior to the County pre-construction meeting: (a) Florida Department of Transportation right-of-way Construction Permit. (b) Collier County right-of-way permit. b. Performance securities for site development plans. In the case of multi-family the developments with individually owned units which are served by subdivision type improvements, i.e. driveways which function as access roads and drainage improvements, the developer shall be required to post a performance security in a form as outlined in LDC section 10.02.04 F. Calculations for the amount of the security shall be determined as outlined in LDC section 10.02.04 F.The performance security shall be accepted by the county prior to the issuance of the first certificate of occupancy for the site development plan. Upon a satisfactory final inspection of the improvements, which shall be no later than 24 months from approval of the site development plan,the performance security shall be returned to the developer.One year extensions may be granted by the Engineering Services Director. Supp. No. 11 LDC10:35 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 D.S. 10.02.03 E.1. c. Completion of site development plans. Upon completion of the infrastructure improvements associated with a site development plan, and prior to the issuance of a certificate of occupancy,the engineer shall provide a completion certificate as to the improvements,together with all applicable items referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. E. Site Improvement Plan Requirements (SIP). 1. Criteria for site improvement plan review. A site improvement plan may be reviewed if the development proposal meets all of the following criteria: a. The project involves a site which is currently improved with principal structures, parking facilities, water and sewer services, and defined ingress/egress. b. The proposed use will not require an expansion of the existing impervious areas to a degree which would require an engineering review or otherwise affect on-site surface water management facilities as may be documented by waiver letters from the South Florida Water Management District or Collier County where applicable. c. Written documentation from appropriate agencies acknowledging that water and sewer services are available at the site and are adequate to serve the proposed use. d. Public utility ancillary systems in Collier County will be permitted as insubstantial changes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant, wastewater treatment plant or other facility to which the public utility ancillary systems are subordinate, provided that the requirements of Section 5.05.12 are met. More than one (1) ancillary use may be permitted with one (1) application provided that all uses are connected by the same pipeline. The insubstantial change submittal shall include a signed and sealed boundary survey of the property or lease parcel; a copy of recorded deed or lease agreement; a recent aerial photograph of the project area; a master plan showing all public utility ancillary systems subordinate to the main water treatment plant, wastewater treatment facility, or irrigation quality (IQ) system; and a site plan prepared on a twenty-four inch by thirty-six inch sheet drawn to scale and setting forth the following information: i. The project title, utility owner, address and telephone number. ii. Legal description, scale, and north arrow. iii. Zoning designation of the subject site(s) and adjacent sites and the proposed use of the subject site. iv. Location, configuration and dimensions of all building and lot improve- ments. v. Location and dimension of access point(s) to the site. vi. Location of existing and proposed landscaping with specifications as to size, quantity and type of vegetation. Supp. No. 11 LDC10:36 vii.All required and provided setbacks and separations between structures in matrix form. viii.Any additional relevant information as may be required by the County Manager or designee. e.The change does not otherwise qualify for a NominalAlteration Plan (NAP), identified in LDC section 10.02.03 G.3. 2.Application for site improvement plans. A pre-application meeting shall be conducted by the County Manager or designee, prior to the submission of any site improvement plan for review. This meeting may be waived by the County Manager or designee upon the request of the applicant. a.The Administrative Code shall establish the process and submittal requirements for site improvement plans. b.Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida. c.The engineering plans shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. d.The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida. 3.Site improvement plan completion.Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance of a certificate of occupancy, the applicant's engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. F.Site plan with deviations for redevelopment projects. 1.Purpose.A site plan with deviations shall provide a means for a redevelopment project to seek dimensional deviations, excluding height, architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures or site features nonconforming. 2.Applicability.A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site development plan or site improvement plan shall comply with LDC section 10.02.03. For purposes of this section, "Redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 E.1.10.02.03 F.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:37Supp. No. 25 3.Application.The Administrative Code shall establish the process and submittal requirements for a site plan with deviations for redevelopment projects application. a.Requested deviations shall be clearly delineated and justified in the petition. Project enhancements to offset or minimize the deviations shall also be clearly stated. b.Projects subject to the provisions of LDC section 5.05.08 shall submit architectural drawings that are signed and sealed by a licensed architect registered in the State of Florida. c.The site construction plans shall be signed and sealed by the applicant's profes- sional engineer, licensed to practice in the State of Florida. d.The landscaping plans shall be signed and sealed by the applicant's landscape architect, registered in the State of Florida. e.The survey shall be signed and sealed by the applicant's professional surveyor and mapper, registered in the State of Florida. 4.Staff review and recommendation.Based upon evaluation of the factors set forth in LDC section 10.02.03 F.7. County Staff shall prepare a report containing their review findings and a recommendation of approval, approval with conditions, or denial. 5.Public notice.Public notice of the hearing shall be as required by the LDC section 10.03.06 R. and Chapter 6 of the Administrative Code. 6.Public hearing.The Hearing Examiner shall hold at least one public quasi-judicial hearing to review the proposed site plan with deviations. a.Review.The Hearing Examiner shall hear the petition following receipt of the staff report and application by the Office of the Hearing Examiner.At the public hearing, the Hearing Examiner shall consider the applicant's justification for the requested deviations, the staff report, the standards of approval and any other relevant testimony and evidence. b.Decision.The Hearing Examiner shall render a decision to approve, approve with conditions, or deny the requested deviations within 30 days of the public hearing. If approved, or approved with conditions, the decision shall specifically note the deviations and the basis for their approval.A decision by the Hearing Examiner shall be rendered prior to the issuance of the approval letter by the County Manager or designee for the site plan. 7.Standards for approval.The petition shall be reviewed for consistency with the following standards: a.Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. b.The proposed development is consistent with the Growth Management Plan. c.The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 F.3.10.02.03 F.7.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:38Supp. No. 25 d.The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. e.Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. f.Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district.The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. g.Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. h.Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. i.The petitioner has provided enhancements to the development. j.Approval of the deviation will not have an adverse effect on adjacent properties. 8.Timeframe.Time limits for site plans will be pursuant to LDC section 10.02.03 H. G.Amendments and insubstantial changes.Any proposed change or amendment to a previously approved site development plan shall be subject to review and approval by the County Manager or designee. Upon submittal of a plan clearly illustrating the proposed change, the County Manager or designee shall determine whether or not it constitutes a substantial change. In the event the County Manager or designee determines the change is substantial, the applicant shall be required to follow the review procedures set forth for a new site development plan. 1.Site development plan amendments (SDPA). A substantial change, requiring a site development plan amendment, shall be defined as any change which substantially affects existing transportation circulation, parking or building arrangements, drainage, landscaping, buffering, identified preservation/conservation areas and other site development plan considerations. 2.Site development plan insubstantial changes (SDPI).The County Manager or designee shall evaluate the proposed change in relation to the following criteria; for purposes of this section, the insubstantial change procedure shall be acceptable where the following conditions exist with respect to the proposed change: a.There is no South Florida Water Management District permit, or letter of modification, needed for the work and there is no major impact on water management as determined by the Engineering Services Director. b.There is no new access proposed from any public street, however minimal right-of-way work may be permitted as determined by the Transportation Planning Director. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 F.7.10.02.03 G.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:39Supp. No. 25 c.There is no addition to existing buildings (air-conditioned space) proposed, however a maximum area of 300 square feet of non-air-conditioned space used for storage, or to house equipment, will be permitted. d.There is no proposed change in building footprint or relocation of any building on site beyond that needed to accommodate storage areas as described in LDC section 10.02.03 G.2.c, above. e.The change does not result in an impact on, or reconfiguration of, preserve areas as determined by the Natural Resource Director. f.The change does not result in a need for additional environmental data regarding protected species as determined by the Natural Resources Director. g.The change does not include the addition of any accessory structure that generates additional traffic as determined by theTransportation Planning Director, impacts water management as determined by the Engineering Services Director, or contains air-conditioned space. h.There are no revisions to the existing landscape plan that would alter or impact the site development plan (as opposed to only the landscape plan) as determined by the landscape architect. i.The change does not otherwise qualify for a NominalAlteration Plan (NAP), identified in LDC section 10.02.03 G.3., below. 3.Nominal Alteration Plan (NAP).The NAP can be utilized for changes to projects that have an existing and approved SDP or SIP, and to projects that do not have an existing SDP or SIP.The NAP is limited to one or more of the following changes: a.The proposed change corrects a scrivener's error to an existing and approved site development plan, or site improvement plan, and does not propose an addition to, or modification, of the site layout. This includes the following: i.Correction to the building square footage or building construction type; ii.Correction to the parking summary; or iii.Addressing changes. b.The proposed addition or modification is limited to the following: i.Mechanical air equipment and subsequent concrete pads; ii.Permanent emergency generators; iii.Above- or below-ground fuel tanks; or iv.Carports or shade structures that do not increase impervious area calcula- tions. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 G.2.10.02.03 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:40Supp. No. 25 H.Time limits for review,approval,and construction of site development plans,site improvement plans, and amendments thereof. 1.Site development plans, site improvement plans, and amendments thereof, will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for the site development plan, site improvement plan, and amendments thereof will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current LDC. 2.Approved site development plans, site improvements plans, and amendments thereof shall remain in force for 3 years from the date of approval, as determined by the date of the approval letter. If construction has not commenced within 3 years, the approval term will expire and the approval of the site development plan, site improvement plan, and amendments thereof is of no force or effect.An amendment to the SDP may be applied for and may be granted prior to the original expiration date, so long as the proposed amendment complies with the LDC requirements in force at the time of the SDP amendment submittal. Two-year extensions for the approved site development plan, site improvement plan, and amendments thereof may be granted. A maximum of 2 extensions may be granted before an amendment is required. 3.Once construction has commenced, the approval term shall be determined as follows. The construction of infrastructure improvements approved under a site development plan, site improvement plan, or amendments thereof shall be completed, and the project engineer's completion certificate provided to the Engineering Services Director, within 30 months of the pre-construction conference, which will be considered the date of commencement of construction. Two-year extensions to complete construction may be granted. A maximum of two extensions may be granted before an amendment is required and the extension is reviewed for LDC compliance. Each request should provide written justification for the extension and shall be submitted to, and approved by the County Manager or designee prior to expiration of the then effective approval term.Thereafter, once the site development plan, site improvement plan, or amendments thereof approval term expires the site development plan, site improvement plan, or amendments thereof is of no force or effect. I.Electronic data requirements for site development plans, site improvement plans, and amendments thereof.After the final site plan has been approved by the County Manager or designee for compliance with the LDC, as provided in this section, the applicant's professional engineer shall also submit digitally created construction/site plan documents, 1 disk (CDROM) of the master plan file, including, where applicable,easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a NorthAmerican Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper.All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e.right-of-way—ROW, centerlines—CL, edge-of- pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff.All property information (parcels,lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 H.10.02.03 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:41Supp. No. 25 layer. Example:parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example:Lot dimensions— Lottxt layer. (Ord.No.05-17, § 3;Ord.No.05-27, § 3.UU;Ord.No.06-07, § 3.T;Ord.No.06-63, § 3.QQ;Ord.No.07-67, § 3.S; Ord.No.08-10, § 3.F;Ord.No.08-11, § 3.O;Ord.No.08-63, § 3.II;Ord.No.09-43, § 3.B;Ord.No.10-23, § 3.PP; Ord. No. 12-38, § 3.EE; Ord. No. 13-56, § 3.KK; Ord. No. 13-58, § 1.B; Ord. No. 16-27, § 3.V; Ord. No. 18-32, § 3.E; Ord. No. 20-16, § 3.K; Ord. No. 21-05, § 3.M; Ord. No. 22-04, § 3.I) 10.02.04 Requirements for Preliminary and Final Subdivision Plats This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3, 4, and 6. A.Requirements for Preliminary Subdivision Plats (PSP).A preliminary subdivision plat provides an overall scheme of development for a subdivision. It may be used when only one phase of a multi-phased development is to be constructed. Except for an integrated phased development, a preliminary subdivision plat is optional while a final subdivision plat is mandatory. 1.Generally. a.Approved zoning. No preliminary subdivision plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision. However, the zoning application and the preliminary subdivision plat may be processed concurrently by the County Manager or designee at the request of the applicant. b.No development shall be allowed prior to approval of the construction plans and final subdivision plat, except for the early work authorization (EWA) permit and early construction authorization (ECA) permit pursuant to pursuant to LDC section 10.02.00. c. Integrated phased developments.A preliminary subdivision plat application shall be submitted in accordance with this section for any integrated phased develop- ment. 2.Application for preliminary subdivision plats. a.The Administrative Code shall establish the process and submittal requirements for a preliminary subdivision plat. b.A preliminary subdivision plat shall include the entire property to be subdivided and recorded. c.The preliminary subdivision plat shall be prepared by the applicant's professional engineer and professional surveyor and mapper. d.The boundary survey for the preliminary subdivision plat shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. 3.Review by County Manager or designee.County Manager or designee shall approve, approve with conditions, or deny the preliminary subdivision plat utilizing the standards established COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 I.10.02.04 A.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:42Supp. No. 25 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 A.3. 10.02.04 A.6. in LDC chapters 3, 4, 6, and other provisions of the LDC. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the Board of County Commissioners pursuant to Code of Laws and Ordinances section 250-58. If the County Manager or designee should deny the preliminary subdivision plat, he shall state in writing reasons for such denial and shall cite the applicable code or regulatory basis for the conditions or denial. 4. Amendments.Any amendment to the approved preliminary subdivision plat submitted by the applicant shall be reviewed according to the standards established in LDC chapters 3, 4, 6, and other provisions of the LDC.The County Manager or designee shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amend- ments are based on generally accepted, sound, professional engineering principles and practices in the state.Amendments shall be made prior to the processing of the construction plans and final subdivision plat. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documenta- tion and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. 5. Conditions. The County Manager or designee has the authority to approve requests for substitutions to the design standards contained in the LDC provided those requests are based on generally accepted, sound and safe, professional engineering principles and practices. Requests for substitutions shall be made in writing and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitution requested. �.. 6. Timing of development. Within 2 years after the date of written approval or approval with conditions of the preliminary subdivision plat, the applicant shall prepare and submit to the County Manager or designee the construction plans and final subdivision plat for at least the Supp.No.21 LDC10:42.1 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 A.6. 10.02.04 B.2. first phase of the proposed subdivision. Each subsequent phase of the preliminary subdivision plat shall be submitted within 2 years after the date of written approval of the immediately preceding phase of the proposed subdivision. a. Extensions. Two, 2-year extensions to submit the construction plans and final subdivision plat shall be granted for good cause shown upon written application submitted to the County Manager or designee prior to expiration of the preceding approval.When granting an extension the County Manager or designee shall require the preliminary subdivision plat be modified to bring the project into compliance with the LDC at the time of the extension request. 7. No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a preliminary subdivision plat,and the County shall not be estopped to subsequently deny approval of the construction plans and final subdivision plat based on changes in federal, state, or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affect the feasibility or desirability of the preliminary subdivision plat, nor shall the County be estopped to deny any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning. B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final subdivision plats are commonly referred to as "plans and plat." 1. Generally. Final subdivision plat approval by the Board of County Commissioners is required before a final subdivision plat can be recorded. a. No final subdivision plat shall be approved by the Board until the construction plans have been reviewed and accepted by the County Manager or designee, except for a minor final subdivision plat pursuant to LDC section 10.02.04 D. b. The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. c. The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant files a subdivision performance security as identified in LDC section 10.02.04 F with the County. d. Where approval of construction plans and final subdivision plats will lead to the level of service for any public facility being reduced below the level established by the growth management plan for Collier County, the County shall deny approval to proceed with development until the requirements of LDC section 10.02.07 have been met. 2. Application for Construction Plans and Final Subdivision Plats. a. The Administrative Code shall establish the process and the submittal requirements for construction plans and final subdivision plats. For projects incorporating townhouse development on fee simple lots, additional submittal requirements are required and identified in the Administrative Code.All requirements established in this section shall also apply to townhouse development on fee simple lots. Supp. No. 11 LDC10:43 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 B.2. 10.02.04 B.3. b. Construction plans for all of the improvements required by this section shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. c. Final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. The final subdivision plat shall be prepared in accordance with the provisions of F.S.ch. 177, as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. d. The final subdivision plat shall conform to the approved preliminary subdivision plat and shall constitute only that portion of the approved preliminary subdivision plat which the applicant proposes to construct. e. Improvements for construction plans and final subdivision plats are identified in the LDC section 10.02.04 C, and are required in conjunction with the subdivision and development of any and all property pursuant to LDC section 10.02.03 within the unincorporated areas of the County.All required improvements shall be designed and constructed in accordance with the design requirements and specifications of the entity having responsibility for approval, including all federal, state, and local agencies. Construction plans for final subdivision plats shall include at a minimum: Streets, sidewalks, paving, grading, and stormwater management (drain- age); ii. Bridges and culverts; iii. Water and sewerage systems, including, where applicable, water reuse/ irrigation pumping, storage and transmission/distribution systems; iv. Street lighting. Plans for streetlights shall bear the approval of the utility authorities involved. If the street lighting system is to be privately owned and maintained by a property owners' association or similar entity, it shall be designed by the applicant's engineer; v. Landscaping within public rights-of-way, parks, recreational areas; and vi. Parking areas. 3. County Manager review of construction plans and final subdivision plats. a. The County Manager or designee shall review and evaluate the construction plans and final subdivision plat in conformance with the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S.ch. 177.The County Manager or designee shall review and evaluate the construction plans and final subdivision plat in light of the requirements established in the LDC and Administrative Code. Based on the review and evaluation, the County Manager or designee shall approve, approve with conditions, or deny the construction plans and final subdivision plat. If the construction plans and final subdivision plat is denied, then the final subdivision plat shall not be submitted to the Board until the construction plans and final Supp. No. 11 LDC10:44 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 B.3. 10.02.04 B.4. subdivision plat have been approved or approved with conditions by the County Manager or designee.The approval of the County Manager or designee is subject to Board approval, noted below. b. If the constructions plans and final subdivision plat are approved or approved with conditions by the County Manager or designee, the County Manager or designee shall recommend that the Board approve, approve with conditions, or deny the final subdivision plat. If the County Manager or designee denies or places conditions on the construction plans or recommends denial or conditions on the final subdivision plat, he shall state reasons and cite the applicable code or regulatory basis for the decision. c. Once the construction plans and final subdivision plats are submitted by the applicant for review by the County Manager or designee, they will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for construction plans and final subdivision plat review will be considered withdrawn and cancelled. Further review of the project will require a new application and the appropriate fees paid by the applicant. d. Digital submission.After the final subdivision plat has been approved by the County Manager or designee for compliance with the LDC, as provided in this section, the applicant shall resubmit 5 certified sets of the approved construction plans along with approved copies of all required county permits. The applicant's professional engineer shall also submit a set of digitally created construction/site plan documents, 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCAD(DWG)or Digital Exchange File(DXF)format; information layers shall have common naming conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of- pavement—EOP, etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example:lot dimensions— Lottxt layer. 4. Board approval of the final subdivision plat. a. Following approval or approval with conditions by the County Manager or designee, the County Manager or designee shall place the final subdivision plat on the consent agenda for its next available regularly scheduled Board hearing.The Board shall consider approval of the final subdivision plat together with the approval of Supp. No. 11 LDC10:45 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 B.4. 10.02.04 B.6. standard form, Construction Maintenance Agreement, and approval of the amount of performance security for the required improvements based on the estimate of probable cost. b. If all members of the Board consent to the recommendation of the County Manager or designee, then the recommendation of the County Manager or designee on the final subdivision plat shall remain on the consent agenda and the final subdivision plat shall be approved. If any member of the Board objects to the recommendation of the County Manager or designee or otherwise requests discussion on the recommendation, then the recommendation shall be taken off the consent agenda and may be discussed or scheduled for a subsequent hearing date.After due notice of the hearing to the applicant, the Board shall hold a hearing on the final subdivision plat. At the hearing, the Board shall consider the County Manager or designee's recommendation and shall take evidence and testimony in regard to the final subdivision plat requirements identified in LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC.The Board shall approve, approve with conditions, or deny the final subdivision plat. If the Board of denies or places conditions on the final subdivision plat, it shall state reasons for such denial or conditions. c. Approval of the final subdivision plat shall not constitute acceptance of public dedicated facilities.Acceptance of any such dedicated public facilities and responsi- bility for their maintenance shall be by separate resolution of the Board of County Commissioners. See LDC section 10.02.05 C.3. 5. Insubstantial changes and amendments to construction plans and final subdivision plats. a. Insubstantial Changes to Construction Plans(ICP). Following approval by the County Manager or designee of the construction plans, the applicant may request insub- stantial changes to the construction plans. Application. The Administrative Code shall establish the process and the submittal requirements for an insubstantial change to the construction plans. Construction plans shall be prepared pursuant to LDC section 10.02.04 B. b. Following approval by the Board of the final subdivision plat, but prior to recorda- tion, the County Manager or designee may approve minor insubstantial changes to the final subdivision plat. Insubstantial changes are insignificant to the project, such as a correction or change on the cover sheet. c. Following approval by the Board of the final subdivision plat, but prior to recorda- tion, the Board may approve amendments to the final subdivision plat. This is commonly referred to as a "PPLA." i. Application. The Administrative Code shall establish the process and the submittal requirements for the final subdivision plat amendment. The final subdivision plat shall be prepared pursuant to LDC section 10.02.04 B. 6. Relationship of Final Subdivision Plats to Site Development Plans. No site development plan may be accepted for concurrent review with a preliminary subdivision plat. Once the Supp. No. 11 LDC10:46 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 B.6. 10.02.04 C.12. �,. preliminary subdivision plat has been approved,site development plans may be submitted for review concurrent with the submittal of the final subdivision plat. No site development plan may be approved until the final subdivision plat receives administrative approval, and no building permits may be issued until the final subdivision plat is recorded, unless otherwise provided for in the LDC. 7. Timing of recording and development. a. Recording. Within 18 months of the date of approval of the final subdivision plat by the Board, the applicant shall submit the final subdivision plat to the County Manager or designee for recording. b. Required improvements to be completed. The improvements required for the final subdivision plat shall be completed within 18 months from the date of approval by the Board unless a written extension request is approved by the County Manager or designee. c. Integrated phased development. Each subsequent phase of the project shall be submitted within 2 years following the date of written approval of the most recently approved final subdivision plat in accordance with LDC section 10.02.04 A.6. C. Required Improvements.The following improvements in this section are required in conjunction with the subdivision and development of any and all property pursuant to section 10.02.03 and 10.02.04 within the unincorporated areas of Collier County. 1. Elevation, land filling, excavation,and demolition requirements for all development, pursuant to LDC section 4.01.01. 2. Monuments and control points, pursuant to LDC section 4.03.07. 3. Streets and access improvements, pursuant to LDC section 4.03.08 A. All subdivision streets, access improvements and related facilities, whether public or private, required to serve the proposed development shall be constructed by the applicant. 4. Water management system, pursuant to LDC section 4.03.08 B. 5. Fire hydrants, pursuant to LDC section 6.04.03. 6. Canals, pursuant to LDC section 6.05.01 E. 7. Bridges and culverts, pursuant to LDC section 6.06.01 M. The bridge or culvert design shall be prepared by a professional engineer. 8. Landscaping and buffers, pursuant to LDC section 6.06.01 0.1. 9. Plantings,trees,and grass for landscaping and buffers, pursuant to LDC section 6.06.01 0.2. 10. Pavement painting and striping, pursuant to LDC section 6.06.01 Q. 11. Traffic control devices, pursuant to LDC section 6.06.01 R. 12. Sidewalks, pursuant to LDC section 6.06.02. Supp. No. 14 LDC10:47 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 C.13. 10.02.04 D.2. 13. Streetlights, pursuant to LDC section 6.06.03. 14. Sanitary sewer systems, pursuant to Collier County Utilities Standards and Procedures Ordinance 2004-31, as amended. 15. Parks, protected areas, preservation areas, conservation areas, recreational areas, and school sites. a. Parks, protected areas, preservation areas, conservation areas. Parks, protected areas, preservation areas and conservation areas shall be dedicated and/or con- veyed in accordance with applicable mandatory dedication requirements and regu- lations of federal, state and local agencies. b. Recreational areas. Recreational areas shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. c. School sites. School sites shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. 16. Shoreline and waterway alterations and additions. All requests for the construction of seawalls, bulkheads, shoreline and waterway alterations and additions shall be submitted to the County Manager or designee. After review by the County Manager or designee the proposed facility or alteration shall be approved, approved with conditions or denied.The use �-- of vertical seawalls as a method of protecting shorelines and lands adjacent to waterways shall be discouraged except for development lakes, and applicants shall be encouraged to utilize alternate methods of accomplishing shoreline protection and waterway facilities installation. Whenever possible, all proposed construction of seawalls, bulkheads, shoreline and waterway alterations and additions shall be designed to afford the maximum protection to the environment of the area.Any state or federal permits required for construction must be submitted to the County Manager or designee prior to the commencement of construction. D. General Requirements for a Minor Final Subdivision Plat (FP). 1. Generally. Minor final subdivision plat approval may be requested as an alternative to construction plans and final subdivision plat if the following criteria are met: a. No preliminary subdivision plat is submitted or approved. b. Required improvements are not required for the subdivision. c. No security performance bond is required for the subdivision. d. No phasing is required or proposed for the subdivision. 2. Application and process. a. The Administrative Code shall provide the process and submittal requirements for a minor final subdivision plat. Minor final subdivision plats shall be in conformance with F.S. ch. 177 and the LDC, as applicable. Supp. No. 14 LDC10:48 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 D.2. 10.02.04 F.2. b. Minor final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida.The minor final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177, as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. c. Minor final subdivision plats shall be reviewed and approved pursuant to LDC section 10.02.04 B.3—B.4 as applicable. d. Minor final subdivision plats shall be recorded pursuant to LDC section 10.02.04 F. E. General Requirements for Construction Plans (CNSTR). 1. Generally. Construction plan approval may be requested when no platting or recording of property is required.This process allows for the review of construction plans separate from a final subdivision plat. a. The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 2. Application and process. a. The Administrative Code shall provide the process and submittal requirements for construction plans. Construction plans shall be in conformance with LDC section 10.02.04 B and C, as applicable. b. Construction plans for all of the improvements shall be signed and sealed by the applicant's professional engineer. c. Construction plans shall be reviewed and approved pursuant to LDC section 10.02.04 B.4, as applicable. 3. Insubstantial changes. An applicant may request insubstantial changes pursuant to LDC section 10.02.04 B.5.a. F. Recordation of the Final Subdivision Plat. 1. Generally. No building permits for habitable structures shall be issued prior to approval by the Board of County Commissioners and recordation of the final subdivision plat, except as provided in LDC sections 5.04.04 and 10.02.04 B.6, as applicable. 2. Posting of subdivision performance security at the time of recording. a. The final subdivision plat shall not be recorded until a subdivision performance security for the construction of the required improvements, both on-site and off-site, has been posted by the applicant and approved and accepted by the Board or the County Manager or designee on behalf of the Board. Supp. No. 14 LDC10:49 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 F.2. 10.02.04 F.3. b. The applicant's professional engineer shall prepare an opinion of the probable construction cost or the actual contractor's bid price, which includes the cost of all required improvements, to determine the amount of the subdivision performance security. i. If no construction of the required improvements has begun at the time of posting of the subdivision performance security, the security shall be an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the applicant's professional engineer's opinion of the probable construction costs or contract bid price. ii. If construction of the required improvements has begun at the time of posting the subdivision performance security, the security shall be in an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price, plus 100 percent of the required improvements to be completed, such as the final lift of asphalt and uncompleted sidewalks. iii. If construction of all required improvements has been completed and accepted by the Board at the time of recording, only a performance maintenance guarantee at an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price shall be provided. iv. No subdivision performance security shall be required where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency. A subdivision perfor- mance security shall be required of an independent special-purpose govern- ment such as a community development district (CDD). c. The subdivision performance security shall be prepared pursuant to Appendix A of the LDC and shall be one of the following forms: i. Construction, maintenance, and escrow agreement, or ii. Construction Maintenance Agreement and one of the following: (a) Cash deposit agreement with the County, or (b) Irrevocable standby letter of credit, or (c) Surety bond. d. Once the form of a subdivision performance security has been approved and accepted by the Board, alternate securities, in a format approved by the County Attorney, may be approved by the County Manager or designee, on behalf of the Board. 3. Recordation Procedure.After approval of the final subdivision plat by the Board, but prior to the recording of the final subdivision plat with the clerk of the circuit court,the following shall occur: a. The applicant shall obtain all of the signatures on the original plat cover sheet(s)that are associated with the applicant's obligations and shall submit the original final subdivision plat, and any separate consents, or opinions or certifications of title, to +- the County Manager or designee. Supp. No. 14 LDC10:50 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 F.3. 10.02.04 F.3. �... b. The applicant shall provide 3 copies and 1 mylar of the recorded final subdivision plat and accompanying documents to the County Manager or designee. c. Simultaneously with the submission of the executed final subdivision plat to the County Manager or designee,the applicant shall also submit in accordance with F.S. ch. 177, at no expense to the County, either a title opinion from an attorney licensed to practice in the State of Florida or certification from a title company. The effective date of the title opinion or certification must be no more than 30 days prior to the submission of the final subdivision plat to the County Manager or designee and must contain all of the following: i. A legal description of at least the lands being platted; ii. A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided; iii. Identification of the exact name of any person who is the record owner of the subject real property and a specific citation to the official records book and page, where each record legal owner obtained title to the subject real property. The title information shall include a copy of said instrument(s) of conveyance; and iv. Identification of liens, encumbrances, easements, or matters shown or that should be shown as exclusions to coverage on a title insurance policy. As may be applicable,the title information shall include in a neatly bound fashion and make citation to the recording information of all referenced liens, encumbrances,easements,or exclusions.The title information shall include a copy of any such instruments. d. Payment of recording and copy fees. Upon compliance with this section and payment of fees by the applicant, the County Manager or designee shall record the final subdivision plat with the clerk of the circuit court in the official records of Collier County, Florida. e. Construction and Maintenance Agreement.The applicant shall enter into a construc- tion and maintenance agreement with the County, in a form acceptable to the County Attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period or a time frame established in an approved extension request by the County Manager or designee. This agreement shall be submitted with the final subdivision plat for review and approval and shall be executed by all parties at the time of recording of the final subdivision plat. f. Recording of other documents. If any dedications,grants,conveyances,easements, consents (including mortgagee consents), reservations, covenants, or other like instruments are to be recorded by separate instrument simultaneously with the final subdivision plat, appropriate fees and original documentation must be provided by Supp. No. 14 LDC10:51 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 F.3. 10.02.05 A.2. .,, the applicant to the County Manager or designee for processing and recording by the clerk of court.All documents shall be submitted prior to or at the time of recording of the final subdivision plat. g. Supporting "gap" title information. Within 60 days of recordation of the final subdivision plat in the official records of Collier County, Florida,the applicant,at no expense to the County, shall submit to the County Manager or designee final supporting "gap" title information. The final supporting title information must meet all of the requirements of 10.02.04 F.3.c, except as to the effective date. Receipt and approval of the "gap" title information is a condition precedent to preliminary acceptance of subdivision improvements by the Board. h. The effective date of the supporting "gap" title information must be through the date of recordation of the final subdivision plat and must, at a minimum, cover the "gap" between the time the effective date of the information required by 10.02.04 F.3.c above, when submitted and the date of recording of the final subdivision plat. The final supporting "gap" title information must include a copy of any required instru- ments not previously provided in connection with submittals for the recording of the final subdivision plat. G. Vacation and annulment of subdivision plats. Vacation and annulment of a subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended, and Collier County Resolution 2006-160, as amended. (Ord. No. 04-72, § 3.AA; Ord. No. 05-27, § 3.VV; Ord. No. 06-07, § 3.U; Ord. No. 06-63, § 3.RR; Ord. No. 07-67, § 3.T; Ord. No. 08-10, § 3.G; Ord, No. 08-63, § 3.JJ; Ord. No. 10-23, §3.QQ; Ord. No. 12-38, §3.FF; Ord. No. 13-56, § 3.LL; Ord. No. 15-44, § 3.J) 10.02.05 Construction, Approval, and Acceptance of Required Improvements A. Construction of Required Subdivision Improvements. 1. Pre-Construction Meeting. Prior to the commencement of construction of the required improvements, a Pre-Construction meeting shall be held. The applicant shall request the Pre-Construction meeting and provide at least 48 hours for the Pre-Construction meeting to be scheduled by the Engineering Services Department. The Pre-Construction meeting shall be attended by representatives of the county, utility companies, the applicant's professional engineer of record, the contractor, and the developer. At the Pre-Construction meeting, a schedule of construction, and all approved County plans shall be provided by the applicant. Copies of all state and federal permits shall be provided by the applicant to the County Manager or designee prior to commencement of construction. a. Should any construction commence on a project prior to the Pre-Construction meeting, the County Manager or designee, in addition to other available remedies, shall have the right to require partial or full exposure of all completed work for observation, inspection, and verification that it was installed in accordance with the approved construction plans. 2. Commencement of construction. Following the Pre-Construction meeting the applicant may begin construction of the required improvements. The applicant shall notify the County Manager or designee in writing at least 48 hours in advance of the date of commencement of �- construction. Supp. No. 14 LDC10:52 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.05 A.3. 10.02.05 B.1. 3. Observation of construction by the applicant's engineer. The applicant shall have the applicant's professional engineer or engineer's representative make periodic site visits at intervals appropriate to the various stages of the required construction to observe the contractor's compliance with the approved construction plans and specifications. 4. Construction inspections by the County Engineer or designee.A list of standard inspections which require the presence of the County Engineer or designee shall be provided in the construction plans approval letter provided by the County Manager or designee and discussed at the Pre-Construction meeting.The following procedure shall apply: a. The applicant shall be responsible for the notification to the County Engineer or designee prior to the required inspections, including prior to any paving or concrete work associated with roads or sidewalks.At least 48 hours' notice shall be provided to the County Engineer or designee to allow for scheduling of an inspection. Verbal confirmation of an inspection time or a request for rescheduling will be made by the County Engineer or designee for each notification. b. "Spot inspections" by the County Engineer or designee may be carried out without notice on all construction to ensure compliance with the approved construction plans. At any time, if the County Engineer or designee finds construction in progress which does not comply with the procedures, policies and requirements contained in the LDC or the approved construction plans, the County Engineer or designee shall have the full authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full .,. satisfaction of the County Engineer or designee. 5. Changes to construction plans. a. See LDC section 10.02.04 B.5.a for insubstantial changes to construction plans (ICP). b. The County Manager or designee shall be notified within 24 hours, with written follow-up, of any problems and conflicts with the actual construction of required improvements as compared to the approved construction plans. Problems and conflicts shall be addressed through the Insubstantial Changes procedure for construction plans, pursuant to LDC section 10.02.04 B.5.a. The County Engineer may approve insubstantial changes to construction plans in accordance with acceptable engineering principles. The changes shall be reflected on the record drawings. B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer or designee. Preliminary acceptance by the County Engineer or designee shall identify that the subdivision or development is substantially safe for public occupancy. 1. General.The required improvements constructed under the policies, procedures, guidelines, and requirements established in the LDC shall receive preliminarily acceptance by the County Engineer or designee pursuant to the following: a. Recordation of the final subdivision plat pursuant to LDC section 10.02.04 F shall be prior to or concurrent with preliminary acceptance by the County Engineer or designee. Supp.No.23 LDC10:53 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 B.1. 10.02.05 B.2. b. No certificates of occupancy shall be issued by the County Manager or designee until preliminary acceptance is granted. 2. Submittal requirements. Upon completion of all required improvements contained in the approved construction plans,the applicant's professional engineer of record shall provide the following materials for the review by the County Engineer or designee: a. Completion Certificate.The applicant's professional engineer of record shall submit a completion certificate for the required improvements completed. The completion certificate shall be based on information provided by the project professional surveyor and mapper and the engineer's own observations.The completion certificate shall not be based on "information provided by the contractor." The applicant's professional engineer of record shall document that the required improvements have been installed in compliance with the approved construction plans.Any discrepancy shall be brought to the attention of the County Engineer or designee and resolved to the satisfaction of the County Engineer or designee. b. Applicant's Inspection Report. The applicant's engineer of record shall submit a report to the County Manager or designee which documents the dates of inspection, all measurements, field tests, laboratory tests, and observations which were required to be performed during the construction of the required improvements. c. Final release of lien from contractor(s).The applicant's engineer shall provide to the County Manager or designee a copy of the final release of lien from any utility and/or roadway contractor(s). d. Conveyance instruments.All separate conveyance instruments to the County shall be in a form approved by the County Attorney prior to their submission to the Board for acceptance, and shall be pursuant to Collier County Utilities Standards and Procedures Ordinance No.2004-31, if applicable.If requested by the County Manager or designee, the grantee shall provide, at no cost to the county, a title opinion, or certificate of title in a form promulgated by the Florida Insurance Commissioner, which is in conformance with the county's procedures for acquiring real property interests.No separate conveyance instrument shall be recorded prior to recordation of the final subdivision plat and formal acceptance of the conveyance by the Board. e. Construction plans and record drawings. The applicant's engineer shall provide to the County Manager or designee one set of construction plans on a mylar, with a minimum of 2 mil thickness, or other similar acceptable material and 2 sets of signed and sealed prints acceptable to the County Manager or designee, showing the original design in comparison to the actual finished work.The mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. Subject to the approval of the County Manager or designee,the applicant's engineer may provide a PDF as a substitute for the mylar plans. f. Digital submission.The applicant's professional engineer shall also submit digitally created construction/site plan documents, including 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system, Supp.No.23 LDC10:54 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.05 B.2. 10.02.05 B.3. with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF)format; information layers shall have common naming conven- tions(i.e. right-of-way—ROW,centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff.All property information(parcels, lots, and requisite annotation)shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional surveyor and mapper and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: i. Roadway centerline elevations at all intersections and at a minimum at all points of vertical intersection (PVI) along the roadway. ii. Invert and inlet elevations of all water management structures, including catchbasins, all junction boxes, headwalls, inlets, and the like. iii. All record drawing data for water and sewer facilities pursuant to the provisions of the Collier County Utilities Standards and Procedures Ordi- nance 2004-31, as amended. iv. Centerline inverts on all open swales at high and low points and at 100-foot stations along centerline. v. The following data shall be submitted in report form for the acceptance of streets, roadways, alleys or the like for maintenance purposes: (a) Name of subdivision, block, plat book and page of recording. (b) Name of each street proposed to be accepted for maintenance purposes. (c) The beginning and ending point for each street proposed to be accepted. (d) The centerline length of for each street proposed to be accepted. (e) The number of lanes for each street proposed to be accepted. 3. Review and inspection by the County Engineer or designee. Following the review by the County Engineer or designee of the submittals required in LDC section 10.02.05 B.2 and that the required improvements are in compliance with the LDC,the County Engineer or designee shall approve, approve with conditions, or deny the preliminary acceptance of the required Supp. No. 11 LDC10:55 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 B.3. 10.02.05 C.3. improvements. Inspection by the County Engineer or designee of the required improvements shall be completed prior to the granting of preliminary acceptance by the County Engineer or designee. a. During preliminary inspection, the required improvements will be checked for compliance with the approved construction plans.Any approved insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be identified and explained in writing by the applicant's professional engineer of record. All required improvements shall be in full compliance with the approved construction plans and the "record drawings" prior to submission to the Board for final acceptance. b. Following the preliminary acceptance by the County Engineer or designee there shall be a minimum 1-year maintenance period prior to final acceptance by the Board. 4. Reduction of the subdivision performance security.At the time of preliminary acceptance by the County Engineer or designee, the subdivision performance security may be reduced by the County Manager or designee. Ten percent of the subdivision performance security, based on the applicant's professional engineer's probable construction cost or contract bid price, shall be retained as the maintenance performance security by the clerk of courts on behalf of the Board. See LDC section 10.02.04 E for acceptable forms for a subdivision performance security. C. Final Acceptance of the Required Subdivision Improvements by the Board of County Commission- ers. 1. Generally. The Board may provide final acceptance, by resolution, of the improvements subject to the following: a. Following the 1-year minimum maintenance period as required by preliminary acceptance by the County Engineer or designee; and b. Following satisfactory completion of the preliminary acceptance inspections by the County Engineer or designee; and c. At the request of the applicant, after a final inspection by the County Engineer or designee. 2. Timing.All of the required improvements shall receive final acceptance by the Board within 36 months from the date of the original Board approval of the final subdivision plat, unless extended by the County Manager or designee, the Board, or general law. a. The developer may request two-year extensions for completion and acceptance of the required improvements. A maximum of 2 extensions may be granted by the County Manager or designee. Each request should provide written justification for the extension. 3. Dedications and County maintenance. The Board shall adopt a resolution giving final acceptance of the improvements and establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities.The Board has no obligation to accept maintenance responsibilities for any facilities dedicated to public use, pursuant to F.S. ch. 177.081. Supp. No. 11 LDC10:56 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.05 C.4. 10.02.05 E.3. 4. Notifications.The County Manager or designee shall notify the applicant in writing that final acceptance of the required improvements and applicable acceptance of the facilities has been granted, notify all affected county agencies of any final maintenance responsibilities, and instruct the clerk of the court to return the remaining maintenance security held by the Board. D. Conditional Final Acceptance. A developer may apply for a conditional final acceptance. The conditional final acceptance may occur when the required subdivision improvements, with the exception of the final lift of asphalt, and in certain cases, portions of the sidewalk(s) have received a satisfactory final inspection.The developer shall provide a performance security in the amount of 150 percent of the estimated cost of the remaining improvements.Additionally, the developer shall provide a letter to the County Manager or designee,which confirms the developer's intent to complete all of the remaining improvements within a 12-month time period. Two additional 1-year extensions may be approved by the County Manager or designee. E. Failure of Applicant to Complete Required Subdivision Improvements. 1. County Draw on Subdivision Performance Security. If improvements are not completed within the prescribed time period as specified in LDC section 10.02.04 B.7 or 10.02.05 D and a subdivision performance security has been submitted, the County Engineer or designee may recommend to the Board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. 2. County completion of required improvements. When a final subdivision plat has been recorded and the applicant fails to complete, repair, or maintain the required improvements as required by the LDC, the Board may authorize and undertake completion, repair, and maintenance of the required improvements under the subdivision performance security provided by the applicant.If no sale of lots or issuance of building permits has occurred,the Board may withdraw its approval of the final subdivision plat and may direct the County Manager or designee to call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its predevelopment condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Any remaining subdivision performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance to provide funds for any repairs, maintenance, and defects occurring during this warranty period. 3. Failure to complete unrecorded subdivision.Where an applicant has elected to construct, install, and complete the required improvements prior to recordation of the final subdivision plat and fails to complete such improvements within the time limitations provided in this section, all approvals, permits, and applications shall be considered null and void.Any future subdivision and/or development shall submit a new application and payment of fees based on the then current fee schedule. Review shall be subject to the then current LDC and other applicable codes. (Ord. No.04-72, §3.BB;Ord. No.06-63, § 3.SS;Ord.No.07-67, §3.U;Ord.No.08-63, §3.KK;Ord. No. 12-38, § 3.GG; Ord. No. 13-56, § 3.MM; Ord. No. 16-27, § 3.W; Ord. No. 21-05, § 3.N) Supp.No.23 LDC10:57 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 10.02.06 A.1. 10.02.06 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 commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by the LDC 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 [The next page is LDC10:61] Supp.No.23 LDC10:58 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.1. 10.02.06 B.1. conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or develop- ment. 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 or building permit is inconsistent with the Growth Management Plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the Growth Management Plan. B. Building Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses 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 Supp. No. 11 LDC10:61 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. 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. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. 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 Supp. No. 11 LDC10:62 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. 10.02.06 C.1. 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 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C.A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the LDC, 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. i. For the purposes of determining compliance with the zoning provisions of the LDC, an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. C. Agricultural land clearing. 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), shall be required for all agricultural operations except as exempted by LDC section 10.02.06 C.1.d. a. Application.The Administrative Code shall establish the procedures and the submittal requirements, in addition to those identified below, to obtain an agricultural land clearing permit. i. Silviculture operations, as defined by the LDC, shall require a management plan prepared by a forester or a resource manager (i.e. Florida Forest Service, private or industrial). Supp. No. 11 LDC10:63 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 C.1. 10.02.06 C.1. ii. If an ST or ACSC-ST overlay is attached to the zoning of the property,the ST or ACSC-ST permit review shall be in accordance with LDC sections 2.03.07 and 4.02.14 and may be reviewed simultaneously with the agricultural clearing permit application. iii. A generalized vegetation inventory and clearing plan. iv. Data relating to wetlands impacts and protected wildlife species habitat subject to the Conservation and Coastal Management Element of the Growth Management Plan and the LDC. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. v. The property owner, or authorized agent, has filed an executed agreement with the County Manager or designee, stating that within 2 years from the date on which the agricultural clearing permit is approved by the County Manager or designee, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the 25-year period required by vi. below. If the clearing is expected to occur over a period greater than 2 years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. vi. The property owner, or authorized agent, has filed an executed agreement with the County Manager or designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of 25 years from the date of approval of the agricultural clearing permit by the County Manager or designee, unless for any such conversions in less than 25 years, the converted land shall be restored with native vegetation to the degree required by the LDC. vii. Permit Fees.The agricultural clearing permit applications shall be charged a review fee as established by resolution by the Board. b. Criteria for review of the application.The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: An on-site inspection has been made by staff, if indicated. ii. Environmental impacts, including wetlands and protected wildlife species habitat(s)shall have been addressed in accordance with the requirements of the Conservation and Coastal Management Element of the Collier County Growth Management Plan and the LDC, as may be amended from time to time. iii. Additional data and/or information required by the County to address environmental impacts shall be submitted by the applicant. Supp. No. 11 LDC10:64 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 C.1. 10.02.06 C.1. iv. The proposed use is consistent with the zoning district. v. The proposed use is a bona fide agricultural use. vi. The applicant has signed an executed agreement pursuant to 10.02.06 C.1.a.v. above. c. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5-year periods providing that a notification in writing is forwarded to the County Manager or designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit.A violation of permit conditions shall be cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. d. Exemptions for agricultural clearing permit. An agricultural clearing permit is not required for operations holding a permit under Ordinance No.76-42 and that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. A demonstration for exemption may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural oper- ation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ii. Upon issuance of an agricultural clearing permit or as exempted above, activities necessary for the ongoing bona fide agricultural use and mainte- nance are exempt from obtaining additional agricultural clearing permits for that parcel, if the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption.Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or ex- empted from this section;fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. iii. Fences, buildings, and structures that require a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. iv. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or designee is notified in writing within 2 business days prior to such removal and the County makes no objection within said 2 business days; Supp. No. 11 LDC10:65 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 C.1. 10.02.06 D.1. (b) The tree is not a specimen tree; (c) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation, or restoration program; (d) The parcel is currently engaged in bona fide agriculture, as defined by the LDC; (e) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. 2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), the property owner shall provide notice to the County Manager or designee that the removal will occur. a. The Administrative Code shall establish the submittal requirements for the agricul- tural clearing notice, including the following: i. A signed agreement acknowledging the 25-year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19,2002, as set forth in LDC section 2.03.07; and ii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non- agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC section 3.05.07, as provided in LDC section 3.05.02. b. Permit fees.The agricultural clearing notice application shall be charged a review fee as established by resolution by the Board. D. Enforcement and penalties. 1. Fines. a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed$500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances,the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. Removal of vegetation with a bald eagle nest shall be subject to a fine of up to five thousand dollars ($5,000.00) per bald eagle nest. Each nest, eagle, chick and egg Supp. No. 11 LDC10:66 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 D.1. 10.02.06 D.2. using the nest that is removed, shall also constitute a separate and distinct offense and shall be subject to separate and individual fines of up to five thousand dollars ($5,000.00) each or maximum permitted by law, which ever is greater. b. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 C., to put the subject premises into a bona fide agricultural use shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or designee and the violator,or if they cannot agree,then,upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting standards: In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, ._.. measured at a height of 4.5 feet above natural grade. ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. iii. Replacement vegetation shall meet the following criteria, at time of planting: a) Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05. b) Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10. c) Environmental restoration within County required preserves shall be in accordance with 3.05.07 H. d) Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions. Where such requirements are not enforced or project not permitted by these agencies,the following minimum sizes shall apply: one gallon or liner ground covers, three gallon shrubs and four foot high trees.Ground covers in aquatic environments may be planted as bare root plants. Mangroves may be two foot high at time of planting. Supp. No. 11 LDC10:67 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 D.2. 10.02.06 D.3. e) Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). v. It shall be at the discretion of the County Manager or designee to allow for any deviation from the above specified criteria. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. c. The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS Code. The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or designee. d. If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. e. In the event of impending development on property where protected trees were unlawfully removed,the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance,impending development shall mean that a developer has made application for a development order or has applied for a building permit. f. The County Manager or his designee may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency.The off-site location shall be subject to the approval of the County Manager or his designee. g. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives.This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 8.08.00 and Supp. No. 11 LDC10:68 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 D.3. 10.02.06 D.3. 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. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for.Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: 2 to 1 for uplands and 3 to 1 for wetlands. iii. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. v. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. vi. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and 1 acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. b. Requirements for a mitigation plan. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.05.07 H or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. iii. The preparer's name, address and telephone number shall be included on the plan. Supp. No. 11 LDC10:69 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 D.3. 10.02.06 D.3. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. c. Site-specific review criteria. All plants used for mitigation shall be native Florida species. ii. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required. d. County review of mitigation plan. The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A time zero monitoring Supp. No. 11 LDC10:70 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 D.3. 10.02.06 D.S. report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on-site conditions within one month prior to the anniversary/due date for the re-inspection. Success shall be verified by the County Manager or designee. ii. An eighty percent survival by species shall be required for a two-year period, starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replant- ing shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan,the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. f. Donation of land or funds.The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 D.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement.Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance,a petition with the County Manager or designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement.The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners. b. The vegetation removal is necessitated by disaster related damage. Supp. No. 11 LDC10:71 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 D.S. 10.02.06 E.4. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). 6. Existing Code Enforcement cases. The requirements of 10.02.06 D.2.a.iii and 10.02.06 D.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior to October 3, 2012, unless the respondent elects to use the new criteria. E. Wellfield conditional use permit and standards. 1. Petition. a. Owners/operators of a proposed regulated development for which a wellfield conditional use permit will be required to locate the proposed regulated develop- ment within any zone, may petition the board for a wellfield conditional use permit exempting the development from the prohibitions set forth in section 3.06.12 hereof, as provided in this section. b. Owners/operators shall submit the application for wellfield conditional use permit to the County Manager on forms prepared by the department. 2. Criteria. a. The owner/operator shall demonstrate by the preponderance of substantial compe- tent evidence that: i. The development has or can satisfy all requirements for a certificate to operate; ii. Special or unusual circumstances exist which are peculiar to the particular development which are different than any other regulated development; iii. Adequate technology exists which will isolate the development from the surficial and intermediate aquifer systems; or iv. Site-specific hydrogeologic data provides reasonable assurances that the existing water quality in surficial and intermediate aquifer systems will not be degraded as a result of the development. 3. Conditions of wellfield conditional use permit. a. In granting the wellfield conditional use permit, the board may prescribe any additional conditions and safeguards which it deems necessary to protect the existing well(s), future identified well(s) or future potable water supply resources. b. The wellfield conditional use permit shall incorporate a certificate to operate, which must be renewed or transferred in the same manner as any other certificate to operate as provided in section 10.04.01 B. hereof. 4. Prohibited wellfield conditional use permits. a. No wellfield conditional use permit may be construed or otherwise interpreted to legalize a regulated development existing on the effective date of this section Supp. No. 11 LDC10:72 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 E.4. 10.02.06 E.7. [November 13, 1991],which is not in compliance with applicable local,state or federal law or regulations. No wellfield conditional use permit or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local, State or Federal law or regulations. 5. Administrative review of wellfield conditional use permit petition. a. The County Manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this Code in the same procedural manner as for a certificate to operate. b. If the petition is found not to be in compliance, the County Manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the petition. c. Upon a determination by the County Manager that the petition is in compliance, or upon receipt of written notice from the petitioner that the petition should be processed as is, the County Manager shall render a written recommendation for approval, approval with conditions, or denial of the wellfield conditional use permit. 6. Approval by the board. a. Wellfield conditional use permits which authorize development prohibited in the wellfield risk management special treatment protection overlay zones, are subject to careful review and shall include public notice and hearing as set forth in section 10.04.11 A. hereof. b. All petitions for wellfield conditional use permits shall be heard by the board as provided in section 10.04.11 A. hereof. 7. Wellfield conditional use permit for public or quasipublic development. a. The board, after public hearing, may find that certain existing or proposed public or quasipublic regulated development is exempted from compliance with this section and may issue a wellfield conditional use permit upon finding that: The public benefit to be realized by the proposed or existing regulated development outweighs the purpose of this section; and ii. The proposed or existing regulated development cannot, for economic or scientific reasons, be relocated elsewhere. b. The scope of any wellfield conditional use permit granted under this section shall be narrow to avoid derogation of the purpose of this section and the board may impose special conditions of approval to ensure implementation of the intent of the same. c. Petitions shall be processed, approved, approved with conditions or denied as any other wellfield conditional use as provided in section 10.02.06 E. hereof. Supp. No. 14 LDC10:73 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 F. 10.02.06 G.4. F. Temporary Use Permit Requirements. See LDC section 5.04.01 for temporary use permit classifica- tions and restrictions. 1. The Administrative Code shall establish the procedures and application submittal require- ments for temporary use permits. G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below,the following activities seaward of the Coastal Construction Setback Line shall require either a 1) Coastal Construction Setback Line (CCSL) permit; 2) Site Development Plans, Site Improvement Plans and Amendments thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04. The appropriate fee as set by county resolution shall be submitted with permit application.All required Federal, State, and County permits shall be obtained prior to commencement of construction. 1. Construction of a dune walkover when the following criteria have been met. a. A maximum width of 6 feet. b. A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel. 2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida. 3. The Administrative Code shall establish the procedures and application submittal require- ments for obtaining a Coastal Construction Setback Line permit. 4. Exemptions from CCSL permit. The following activities shall not require a CCSL permit. All required Federal, State, and County permits shall be obtained prior to commencement of construction. a. Certain activities approved by the BCC that may alter ground elevations such as artificial beach nourishment projects or excavation or maintenance dredging of inlet channels. b. Implementation of Federal, State, or County approved preserve or listed species management plans on publically owned land designated as parks, preserves, or mitigation areas. c. Implementation of County approved preserve or listed species management plans on �.. privately owned land pursuant to LDC section 3.05.07 H. Supp. No. 14 LDC10:74 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 G.4. 10.02.06 H.2. d. Hand removal of prohibited exotic and non-native vegetation in accordance with LDC sections 3.05.02 G. 5. All other activities seaward of the CCSL shall require a variance, pursuant to LDC section 9.04.06. 6. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: i. Setting up of any structures, prior to daily sea turtle monitoring, 2)failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: (a) First violation: Up to $1,000.00 fine. (b) Second violation: $2,500.00 fine. (c) Third or more violation: $5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: (a) First violation: Written notice of ordinance violation. (b) Second violation: Up to $1,000.00 fine. (c) Third violation: $2,500.00 fine. (d) More than 3 violations: $5,000.00 fine. H. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand-,animal-, or engine-driven wheel,track or other vehicle or implement on,over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in the LDC. 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall be ®-- subject to the following. During sea turtle nesting season, May 1 through October 31, of each Supp. No. 14 LDC10:75 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 H.2. 10.02.06 H.2. year, all permits shall be subject to section 10.02.06 H.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach permits are not transferable. a. Sheriff, City, State and Federal police, emergency services, 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, and government entities responding to emergency situations, shall be exempt from the provisions of this 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 section if a permit has been obtained from the County Manager or designee.The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County 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 previ- ously stated as a criterion for an exception, and if the County Manager or designee 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.All permits issued are subject to the following conditions and limitations: i. All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI(pounds per square inch),as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be included with each permit application. PSI = Vehicle weight (Ibs) + equipment (including maximum debris load for beach raking equipment and rider weight (lbs)/total tire footprint (square inches) c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons and hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use shall be exempt from the provisions of this 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 Supp. No. 14 LDC10:76 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 H.2. 10.02.06 H.2. provisions of this section if a vehicle-on the-beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. Supp. No. 14 LDC10:76.1 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 H.2. 10.02.06 H.2. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch),as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for ATVs when the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment,which,due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2)a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach. vii. During sea turtle nesting season,the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commis- sion Marine Turtle Permit; 2) there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored;3)one ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be desig- nated by the County Manager or designee; additional corridors may be approved when appropriate and necessary as determined by the County Manager or designee; a staging area may be approved for large events as determined by the County Manager or designee and 4)except for designated corridors,all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the County Manager or designee, the vehicle-on-the-beach permit may be suspended for the remaining period of the sea turtle season. viii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re-nourishment and maintenance activi- ties). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a Supp. No. 11 LDC10:77 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 H.2. 10.02.06 H.2. minimum of ten feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 H.3. f. Beach raking and mechanical beach cleaning. i. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provi- sions of section 10.02.06 H. of this Chapter. iii. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interfer- ence with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. v. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the County Manager or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the County Manager or designee. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet maintenance. i. Heavy equipment used in conjunction with beach nourishment, inlet main- tenance, to accomplish FDEP permit requirements, or other unusual circum- �"'" Supp. No. 11 LDC10:78 • APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 H.2. 10.02.06 H.4. stance as determined by the County Manager or designee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compac- tion evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps,as required by FDEP,shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commis- sion Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S.§370.12,or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties: a. Violations of section 10.02.06 H.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season are subject to up to a$500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure. c. Major infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting Supp. No. 11 LDC10:79 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 H.4. 10.02.06 1.3. activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation:$1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10.02.06 H.,which do not occur during sea turtle nesting season, i.e.,occur outside of sea turtle nesting season,are subject to up to a$500.00 fine per violation. e. Violations of sections 10.02.06 H. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. Cultivated Tree Removal Permit. 1. Generally.A Cultivated Tree Removal Permit is required for the removal or relocation of any tree or palm that has been installed for landscaping and which is not a part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a Cultivated Tree Removal permit shall be obtained.A maximum of 10 trees per 5 year period may be removed with a Cultivated Tree Removal Permit. Protected vegetation, other than that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section 3.05.00. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability. The provisions of this section are applicable to all development unless otherwise specified in this section. 3. Exemptions: a. The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree Removal Permit, unless the prohibited exotic tree is used to meet the minimum landscaping code requirements pursuant to a final local development order, prior to October 2, 2013. Supp. No. 11 LDC10:80 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 1.3. 10.02.06 J.1. b. Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit. Single-family home sites shall maintain the minimum code landscaping requirements established in LDC section 4.06.05. 4. Criteria for removal of cultivated landscaping. The landscape architect may approve a Cultivated Tree Removal permit application based on the following criteria: a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. b. A tree is growing too close in proximity to another tree(s)to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the County landscape architect. 5. Application. The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit. a. The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees. 6. Approval. The County Manager or designee shall approve, approve with conditions, or deny a Cultivated Tree Removal Permit. 7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05. b. That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the County Landscape Architect, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. J. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map,the Future Land Use Map,and the Growth Management Plan and establish the following determinations. a. Generally.The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property.Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; Supp.No.22 LDC10:81 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 J.1. 10.02.06 K.2. ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance approved for the property; and iv. The nonconforming status of the property. b. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. c. Administrative Fence Waiver.The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. K. Comparable Use Determination. 1. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. 2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses,the proposed use is not omitted. Supp.No.22 LDC10:82 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 K.2. 10.02.07 B.1. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. e. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. (Ord. No.04-72, § 3.CC; Ord. No. 05-27, § 3.WW; Ord. No.06-07, § 3.V; Ord. No.07-67, § 3.V; Ord. No.08-63, §3.LL;Ord.No.09-43, §3.B;Ord.No. 10-23, §3.RR;Ord.No. 12-38, §3.HH;Ord.No. 13-56, §3.NN;Ord.No. 15-44, § 3.K; Ord. No.20-44, § 3.1) 10.02.07 Requirements for Certificates of Public Facility Adequacy A. Generally. This section applies to any use or development that generates additional impacts or demands on public facilities.This section ensures that adequate public facilities are available and no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development, including but not limited to the Transportation Concurrency Management System and the Public School Facilities Concurrency. B. Exemptions. The following are exempt from this section: 1. All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: a. Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order, or b. Substantial deviations are sought for a DRI development order.(This section applies only to those portions of the development for which the deviation is sought); Supp.No.22 LDC10:82.1 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 B.1. 10.02.07 B.7. c. The county demonstrates pursuant to F.S. § 380.06 that substantial changes in the conditions underlying the approval of the development order have occurred or the development order was based on substantially inaccurate information provided by the developer or that the application of this section to the development order is clearly established to be essential to the public health, safety and welfare; or d. The new requirements would not change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order. 2. Construction of public facilities that is consistent with the Collier County Growth Management Plan. 3. Temporary construction and development permits and any subsequent renewals. 4. Development orders permitting replacement, reconstruction or repair of existing develop- ment consistent with all elements of the Growth Management Plan. 5. Temporary use permits and any subsequent renewals. 6. For public school facilities, the following shall be exempt from the terms of this section. a. Single family and mobile home lots of record, existing as of October 14, 2008, the effective date of the public school concurrency agreement under the 2008 Interlocal Agreement between Collier County and the District School Board of Collier County. b. Any new residential development that had a final subdivision plat or site develop- ment plan approval as of the effective date of school concurrency, October 14, 2008. c. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single family to multi-family). d. Age-restricted communities with no permanent residents under the age of 18 years. Exemption of an age-restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. e. All new residential subdivision plats and site development plans or amendments to previously approved residential development orders, which are calculated to generate less than 1 student. f. Development that has been authorized as a Development of Regional Impact(DRI) pursuant to Ch. 380, F.S. as of July 1, 2005. 7. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations and have a determination of vested rights for a certificate of public facility adequacy in accordance with LDC section 9.02.00. Supp. No. 14 LDC10:83 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.07 C. 10.02.07 C.4. C. Certificate of Public Facility Adequacy(COA) for Roadways. 1. Applicability. The issuance of a COA for roadways shall demonstrate proof of adequate roadways to serve the development approved by the development order. 2. Issuance of a COA for roadways. a. A COA for roadways may be issued subsequent to estimated road impact fee payment pursuant to LDC section 10.02.07 C.S. and only with the approval of one of the following: i. A final subdivision plat and amendments thereof; ii. A final approved site development plan or site improvement plan and amendments thereof; iii. A building permit or mobile home tie-down permit issued by the County; or iv. Pursuant to the terms of an enforceable development agreement with Collier County pursuant to the provisions of F.S. § § 163.3220 -163.3242 or other agreement acceptable to the Board of County Commissioners, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. 3. Exceptions. Non-residential developments (i.e. commercial or industrial) otherwise required to obtain approval of a site development plan prior to the issuance of a building permit or applicants for a final subdivision plat may elect to: a. Comply with the applicable regulations of this section as to one or more of the lot(s) of the final subdivision plat and obtain a COA specifically for just that lot or lots at a specified intensity of development; or b. Delay submitting a Transportation Impact Statement(TIS)and obtaining a COA for all of the proposed lots, or just those remaining lots not then already complying with this section, until a required site development plan is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. However, the subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes until approval of a TIS, payment of estimated Transportation Impact Fees in accordance with this subsection,and issuance of a COA in accordance with Chapters 3, 6, and 10 of the LDC. 4. One year Traffic Capacity Reservation. a. At the time of TIS approval by the Engineering Services Director or designee a 1 year Traffic Capacity Reservation shall be set aside and allocated by the County Manager or designee for the proposed development pending the approval of the final local development orders identified in LDC section 10.02.07 C.2.a. Supp. No. 14 LDC10:84 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 C.4. 10.02.07 D.2. b. Following approval of a final local development order identified in LDC section 10.02.07 C.2.a,the estimated roadway impact fees shall be paid within 1 year of the TIS approval to secure the COA. c. Failure to pay the estimated roadway impact fees following the approval of a final local development order identified in LDC section 10.02.07 C.2.a.within the 1 year of Traffic Capacity Reservation shall require the applicant to re-apply for a COA. d. If a final local development order identified in LDC section 10.02.07 C.2.a. is not approved within 1 year of the TIS approval date,the applicant may petition the Board of County Commissioners to extend the Traffic Capacity Reservation for 1 year. 5. Roadway Impact Fee Payment. a. Estimated Roadway Impact Fee. In order to obtain a COA the applicant shall pay the estimated road impact fees in accordance with Code of Laws and Ordinances Chapter 74-302(h)which identifies the amount and the timing of roadway impact fee payments. b. Final Payment of Roadway Impact Fee. Following the estimated roadway impact fee payment, all remaining roadway impact fees shall be paid in accordance with the Code of Laws and Ordinances section 74-302(h)(1). c. Roadway impact fees paid to obtain a COA are non-refundable after payment and issuance. D. Process for Certificate of Public Facility Adequacy for Roadways. 1. Process.The Administrative Code shall establish the procedures and submittal requirements for obtaining a COA. a. An application for a COA for roadways shall be submitted in conjunction with a final local development order identified in LDC subsection 10.02.07 C.2.a. b. Application fees for a COA shall be in an amount determined by the Board of County Commissioners and shall accompany the application. An application shall not be deemed complete until the application fees have been paid. 2. Assignability and transferability. a. An approved certificate of public facility adequacy shall run with the land associated with the corresponding development approval. A certificate of public facility ade- quacy shall be assignable within the corresponding land of the approved develop- ment, and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request by the then current owner to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate. Supp. No. 14 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.07 D.2. 10.02.07 F.2. b. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred in accordance with Code of Laws and Ordinances section 74-203(b).The COA shall be modified to reflect the built-out development. c. In the event that the estimated transportation impact fees are 100% paid for all development identified in the COA and such estimate exceeds the projected calculation of the required transportation impact fees,the remaining balance may be transferred to another approved project within the same, or adjacent, transportation impact fee district. 3. Appeal of public facilities determination.Appeals shall be consistent with Code of Laws and Ordinances section 250-58. E. Issuance of a Certificate of Public Facility Adequacy (COA) for Non-Roadway public facilities. 1. Non-Roadway Impact Fee Payment. Non-roadway impact fees shall be in accordance with Code of Laws and Ordinances section 74-302. 2. Non-Roadway Impact Fee Process. A COA for all non-roadway "Category A" capital improvements is deemed applied for concurrent with the building application and shall be issued simultaneously with the issuance of the building permit. 3. Appeal of public facilities determination. Appeals shall be consistent with Code of Laws and Ordinances section 250-58. F. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy if the State of Florida adopts legislation to ban the collection of impact fees. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for the following public facility components: 1. Potable water facilities. a. The potable water component shall be granted if any of the following conditions are met: i. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. ii. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. iii. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of the LDC section 10.02.07, above. 2. Sanitary sewer facilities and solid waste facilities. a. The sanitary sewer component shall be granted if any of the following conditions are met: The required public facilities are in place at the time a final site development �.. plan, final subdivision plat or building permit is issued. Supp. No. 14 LDC10:86 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 F.2. 10.02.07 F.S. ii. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. iii. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of sections i. and ii. 3. Drainage facilities. The drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the Environmental Services Division that meets the LOS for capital drainage facilities defined in LDC section 6.02.01 D. 4. Park and recreation facilities. a. The parks and recreation component shall be granted if any of the following conditions are met: i. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. ii. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. iii. The required public facilities are the subject of a binding contract executed for the construction of those public facilities, which provides for the com- mencement of actual construction within 1 year of issuance of a final site development plan, final subdivision plat or a building permit. iv. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of sections i., ii., and iii. above. 5. Public school facilities.The determination of public facility adequacy for school facilities shall occur only after the School District has issued a school capacity availability determination letter (SCADL) verifying that capacity is available to serve the development. Public facility adequacy for school facilities shall be granted if any of the following conditions are met. a. The necessary facilities and services are in place at the time a final site development plan or final subdivision plat is approved; b. The necessary facilities and services are under construction or the contract for such facilities and services has been awarded,accepted, and duly executed by all parties, at the time a final site development plan or final subdivision plat is approved; c. The necessary facilities and services are found in the first,second or third year of the School District of Collier County's Five-Year Capital Improvement Plan; or d. The necessary facilities and services are subject of a development agreement to contribute proportionate share funding as provided for in Policy 2.4 in the Public School Facilities Element of the Growth Management Plan or to construct the needed facilities. (Ord. No. 05-27, § 3.XX; Ord. No. 06-63, § 3.TT; Ord. No. 08-63, § 3.MM; Ord. No. 10-23, § 3.SS; Ord. No. 12-38, § 3.11; Ord. No. 13-56, § 3.00; Ord. No. 15-44, § 3.L) Supp. No. 14 LDC10:87 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.08 10.02.08 E.2. 10.02.08 Requirements for Amendments to the Official Zoning Atlas A. Purpose and intent. The official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by: 1. Board of county commissioners. 2. Planning commission. 3. Board of zoning appeals. 4. Any other department or agency of the county. 5. Any person other than those listed in 1.-4. above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application. C. All proposals for zoning amendments shall be considered first by the Planning Commission in the manner provided in this section. D. All proposals for zoning amendments shall be submitted as established in the Administrative Code and accompanied by all pertinent information required by the LDC and which may be required by the Planning Commission for proper consideration of the matter, along with payment of such fees and charges as have been established by the Board of County Commissioners. No application for zoning amendment shall be heard by the Planning Commission until such fees and charges have been paid. 1. Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn.An application "closed"through inactivity shall be deemed withdrawn.The County Manager or designee will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of"sufficiency". Further review of the request will be subject to the then current code. E. Planning Commission hearing and report to the Board of County Commissioners. 1. Time limits.Unless a longer time is mutually agreed upon by the Planning Commissioners,the Planning Commission shall file its recommendations with the Board of County Commission- ers within 45 days after the public hearing before the Planning Commission has been closed. 2. Presentation of evidence. The staff report on the application for rezoning shall be presented prior to the close of the public hearing on the application.The applicant shall be afforded the opportunity, prior to the close of the public hearing, to respond to any contentions presented Supp. No. 14 LDC10:88 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 1._0.02.08 E.2. 10.02.08 E.2. by any testimony or other evidence presented during the public hearing,and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued and the matter referred back to staff for further consideration of such matters as the Planning Commission may direct. Supp. No. 14 LDC10:88.1 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.08 F. 10.02.08 F.16. F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Supp. No. 11 LDC10:89 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.08 F.17. 10.02.08 1.1. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. G. Adequate public facilities. The applicant may provide all required existing community and public facilities and services for the requested rezone needs in any one of the following manners: 1. Petition for a rezone at such time as all required adequate existing community and public facilities and services have been provided at public expense according to the capital improvement program; or 2. Petition for a rezone at such time as all required existing community and public facilities and services have been provided at the private expense of the applicant; or 3. Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be provided; or 4. Facilities for parks and schools through land dedication or fee in lieu of such dedication; or 5. Other method acceptable to Board of County Commissioners. H. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the Planning Commission shall consider and study: 1. The need and justification for the change; 2. The relationship of the proposed amendment to the purposes and objectives of the county's growth management plan,with appropriate consideration as to whether the proposed change will further the purposes of these zoning regulations and other County codes, regulations,and actions designed to implement the Growth Management Plan. Restrictions, stipulations and safeguards. The Planning Commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district.The governing body, after receiving the recommendation from the Planning Commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safe- guards as it may deem necessary to ensure compliance with the intent and purposes of the Growth Management Plan. 1. Restrictions, stipulations and safeguards attached to an amendment, supplement, or estab- lishment of a zoning district may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site plan.The maximum density permissible or permitted in a zoning district within the urban designated area shall not Supp. No. 11 LDC10:90 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.08 1.1 10.02.08 1.2. exceed the density permissible under the density rating system. The Board of County Commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system.The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the Growth Management Plan and LDC sections 10.02.12 D.and 10.02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in LDC section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief.All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the governmental unit if it prevails in such suit. 2. Dedication of public facilities and development of prescribed amenities. a. Public facility dedication.The Board of County Commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use.Where impact fees are levied for 1 or more such public facilities,the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County.Where the term Collier County is used in this section,it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government. b. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and condition on, the approval of the rezoning action.At no cost to the county,the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the applicant's sole expense,except as otherwise approved by the board.Failure to Supp.No.17 LDC10:91 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.08 1.2. 10.02.08 M.2. deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may be a violation of this LDC pursuant to LDC section 8.08.00. c. Should the dedication of land also include agreed upon improvements, said improve- ments shall be completed and accepted by Board of County Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made,or at a specified time provided for within the ordinance approving the rezone. J. Status of Planning Commission report and recommendations.The report and recommendations of the Planning Commission required by LDC section 10.02.08 E shall be advisory only and not be binding upon the Board of County Commissioners. K. Board of County Commissioner's action on the Planning Commission report. 1. Upon receipt of the Planning Commission's report and recommendations,the Board of County Commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of general law. The reports and recommendations of the staff and the Planning Commission on the application shall be presented prior to the close of the public hearing on the application.The applicant shall have the right,prior to the close of the public hearing,to respond to any contentions presented by any testimony or other evidence presented during the public hearing. 2. In the case of all proposed changes or amendments, such changes or amendments shall not be adopted except by the affirmative vote of 4 members of the Board of County Commissioners. L. Failure of Board of County Commissioners to act. If a Planning Commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the Board of County Commissioners,the application upon which the report and recommendation is based shall be deemed to have been denied, provided that Board of County Commissioners may refer the application to the Planning Commission for further study. M. Limitations on the rezoning of property. 1. No change in the zoning classification of property shall be considered which involves less than 40,000 square feet of area and 200 feet of street frontage except: where the proposal for rezoning of property involves an extension of an existing or similar adjacent district boundary; within the broader land use classification of "C" districts, "RSF" districts, "RMF" districts, wherein such rezone is compatible with, or provides appropriate transition from, adjacent districts of higher density or intensity.However,the requirement of 200 feet of street frontage shall not apply to rezone petitions that provide 80 percent or more affordable housing units. 2. Whenever the Board of County Commissioners has denied an application for the rezoning of property, the Planning Commission shall not thereafter: a. Consider any further application for the same rezoning of any part or all of the same property for a period of 12 months from the date of such action; Supp.No.17 LDC10:92 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.08 M.2. 10.02.09 A.1. b. Consider an application for any other kind of rezoning of any part or all of the same property for a period of 6 months from the date of such action. 3. Except as otherwise provided within section 10.02.12 D.all zoning approvals for which a final development order has not been granted within 5 years of the date of its approval shall be evaluated to determine if the zoning classification for the property should be changed to a lower, or more suitable classification.During the fifth year after the date of the zoning approval by the Board of County Commissioners and during every fifth year thereafter, the County Manager or designee shall prepare a report on the status of the rezoned property.The purpose of the report will be to evaluate what procedural steps have been taken to develop the property under its current zoning classification.Should the County Manager or designee determine that development has commenced,then the land shall retain its existing zoning classification and shall not be subject to additional review and classification change.Should the County Manager or designee determine that development has not commenced, then upon review and consid- eration of the report and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: a. To extend the current zoning classification on the property for a maximum period of 5 years; at the end of which time, the property shall again be evaluated under the procedures as defined herein. b. Direct the appropriate county staff to begin rezoning procedures for said property.The existing zoning classification of the property shall remain in effect until subsequent action by the board on the property. c. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S.§ 380.06. N. Applications for rezones to a specific use.The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses.Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property. O. Waiver of time limits.The time limits of 10.02.08 M above may be waived by 3 affirmative votes of the Board of County Commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. (Ord. No.08-08, § 3.P;Ord. No. 13-56, §3.PP;Ord. No. 14-33, § 3.Z) 10.02.09 Requirements for Text Amendments to the LDC A. Text Amendments to the LDC. 1. The LDC may only be amended in such a way as to preserve the consistency of the LDC with the Growth Management Plan. Supp.No.17 LDC10:93 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.09 A.2. 10.02.13 A.4. 2. The Administrative Code shall establish the submittal requirements for LDC amendments. (Ord. No. 13-56, § 3.QQ;Ord. No. 18-18, §3.P) 10.02.10 Submittal Requirements for Amendments to Development Orders [Reserved] 10.02.11 Submittal of Streetlight Plans A. Streetlights. All street lighting plans shall be prepared by an electrical engineer. 10.02.12 Submittal Requirements for Non-PUD Residential Rezones A. Submittal of School Impact Analysis (SIA) application for residential projects.The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. (Ord. No. 10-23, § 3.TT) 10.02.13 Planned Unit Development(PUD) Procedures A. Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the LDC.The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida. 1. PUD master plan. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district.The Administrative Code shall establish the information to graphically illustrate the development strategy. 2. PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD that includes a development standards table,developer commitments and a list of deviations from the LDC. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. The PUD application shall include the information identified in the Administrative Code unless determined by the Planning and Zoning Director to be unnecessary to describe the development strategy. 3. Deviations from master plan elements. The Zoning and Land Development Review Depart- ment Director may exempt a petition from certain required elements for the PUD master plan identified in the Administrative Code when the petition contains conditions which demonstrate the element may be waived and will not have a detrimental effect on the health, safety and welfare of the community.All exemptions shall be noted within the PUD submittal and provided to the Board of County Commissioners. 4. Submittal of School Impact Analysis(SIA)application for residential projects.The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to LDC section 10.04.09 for SIA requirements. Supp.No.17 LDC10:94 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.13 B. 10.02.13 B.2. B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with LDC section 10.02.08 shall be submitted and processed as for a rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with the following special procedures: 1. Pre-application meeting. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the Planning and Zoning Department Director and other County staff, agencies, and officials involved in the review and processing of such applications and related materials.The applicant is further encouraged to submit a tentative land use sketch plan for review at the pre-application meeting,and to obtain information on any projected plans or programs relative to possible applicable Federal or State requirements or other matters that may affect the proposed PUD.The pre-application meeting should address,but is not limited to, the following: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas,traffic and access,drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense.Findings and recommendations of this type shall be made only after consultation with the County Attorney. c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design,and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expan- sion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 2. Prehearing conference. Prehearing conferences may be held between the applicant and/or representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of the prehearing conference shall be to assist in bringing the Supp.No.17 LDC10:95 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 B.2. 10.02.13 B.5. application for rezoning to PUD as close to conformity with the intent of the LDC or other applicable regulations, and/or to define specifically any justifiable variations from the applica- tion of such regulations. 3. Staff review and recommendation. Based upon evaluation of the factors set forth above, County staff shall prepare a report containing their review findings and a recommendation of approval or denial. 4. Hearing before the Planning Commission. Public notice shall be given and a public hearing held before the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to LDC section 10.02.13 B.2. 5. Planning Commission hearing and recommendation. The Planning Commission shall make written findings at an advertised public hearing as required in LDC section 10.02.08 and as otherwise required in this section and shall recommend to the Board of County Commissioners either approval of the PUD rezoning as proposed;approval with conditions or modifications;or denial. In support of its recommendation, the Planning Commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas,traffic and access,drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design,and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expan- sion. Supp.No.17 LDC10:96 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.13 B.S. 10.02.13 E.1. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 6. Action by Board of County Commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to LDC section 2.03.06, the Board of County Com- missioners shall, upon receipt of the Planning Commission's recommendation, advertise and hold a public hearing on the application.The notice and hearing shall be on the PUD rezone application, PUD master plan of development and PUD ordinance, as recommended by the Planning Commission to the Board of County Commissioners.The Board of County Commis- sioners shall either approve the proposed rezoning to PUD; approve with conditions or modifications;or deny the application for PUD rezoning. C. Effect of planned unit development zoning. If approved by the Board of County Commissioners, the PUD master plan for development,the PUD ordinance and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the LDC and shall become the standards for development for the subject PUD.The development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on,or described in, such ordinance or plan. Before development of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the County.Issuance of a final development order within any tract or increment within the PUD shall first require compliance with all sections of the Collier County subdivision regulations (Chapter 10 of the LDC) and/or the site development plan regulations (LDC section 10.02.03) as appropriate. D. Time limits for approved PUDs. If prior to July 14, 2014 a PUD contains a sunset provision, the sunset provision shall be deemed null and void. Development rights conferred by an approved PUD shall remain in force so long as they are in accordance with the Collier County Growth Management Plan,as amended. E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes.Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code.For the purpose of this section,a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; Supp.No.17 LDC10:97 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 E.1. 10.02.13 E.2. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conserva- tion or open spaces), or a proposed relocation of nonresidential land uses; e. A substantial increase in the impacts of the development which may include, but are not limited to,increases in traffic generation;changes in traffic circulation;or impacts on other public facilities; f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transpor- tation Engineers; g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S.§ 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S.§380.06(19).Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13;or k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s)any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. 2. Insubstantial change determination.An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Commission.The Planning Commission approval shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting. a. The applicant shall provide the Planning and Zoning Department Director documen- tation which adequately describes the proposed changes as described in the Admin- istrative Code. Supp.No.17 LDC10:98 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.13 E.3. 10.02.13 E.3. 3. Minor changes.The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code. a. Educational and ancillary plants exception.When a PUD is amended for the sole purpose of adding an Educational and/or ancillary plant,that PUD will not be subject to the review process outlined in section 10.02.13 E.1.The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses. b. The County Manager or designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site,existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan.Such changes shall include: i. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/ preservation areas,or required easements are affected or otherwise provided for. ii. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. iii. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. iv. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning and Zoning Department Director's consideration for approval. c. Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: The applicant notices property owners in writing in accordance with LDC section 10.03.06 T. ii. If no written objection is received, the request to remove commitments is deemed approved. iii. If a property owner who receives notice submits a written objection within 30 days of mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with LDC sections 10.03.05 and 10.03.06. Supp.No.17 LDC10:99 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 F. 10.02.13 F.7. F. PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or designee. 1. The report shall be submitted annually, on or before the anniversary date of approval by the Board until the PUD is completely constructed and all commitments in the PUD document/ master plan are met (built out). a. A tract or parcel of a PUD that has completed construction within that tract may be considered built-out and is not responsible for annual monitoring reports,as long as all PUD commitments within that tract are complete.This built-out status does not exempt the tract owner(s)from commitments applicable to the entire PUD. 2. The Administrative Code shall establish the submittal requirements for a PUD Annual Monitor- ing Report. 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s)of the PUD. 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association,including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity.Change in ownership of portions of a PUD development shall not absolve the original �.- owner of the requirement to file an annual monitoring report.Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning and Zoning Department Director shall automatically transfer responsi- bility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 6. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements.The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of"built-out"status. 7. Traffic Count Monitoring requirements.A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD.The payment shall be based upon the number of ingress and/or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance.Each Access Point shall require a payment of$500.00.If additional Access Points are granted at any time, an additional payment of$500 per Access Point will be payable with the following PUD Annual Monitoring Report.The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. Supp.No.17 LDC10:100 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.13 G. 10.02.13 K.2. G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00. H. Interpretations of PUD documents.The Planning Services Department Director shall be authorized to interpret the PUD document and PUD master plan. Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in LDC section 10.02.13 of this Code.All PUDs existing and future, shall comply with the sunset provisions established pursuant to LDC section 10.02.13 D. of this Code. 1. All applications for a PUD rezoning or an amendment to an existing PUD document or PUD master plan whether submitted before or after [the effective date of this ordinance], shall comply with the processing time procedures set forth in this section of the Code. J. Planned unit development districts application processing. An application for a planned develop- ment rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of 6 months.An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn.The County Manager or designee will notify applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of"sufficiency". Further review of the project will be subject to the then current LDC. K. Dedication of the public facilities and development of prescribed amenities. 1. The Board of County Commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or more required public facilities, the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by the County Manager or designee, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County.Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of Supp.No.23 LDC10:101 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 K.2. 10.02.14 A. notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process.In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning.At no cost to the County, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board.Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board for consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of the LDC pursuant to LDC subsection 8.08.00 B. 3. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. L. Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the �._ common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the Planning and Zoning Director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the Planning and Zoning Director shall call upon any public or private agency to maintain the common open space for a period of 1 year.When the Planning and Zoning Director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties. (Ord.No.04-72, § 3.DD;Ord.No.05-27, §3.ZZ;Ord.No.06-07, §3.W;Ord.No.06-63, § 3.UU;Ord.No.08-08, §3.Q;Ord.No.09-22, §§ 1-3;Ord.No. 10-23, §3.UU;Ord.No. 11-21, § 1;Ord.No. 12-28, § 1;Ord.No. 12-38, § 3.JJ; Ord. No. 13-52, § 1; Ord. No. 13-56, § 3.RR; Ord. No. 14-33, § 3.AA; Ord. No.21-05, § 3.0) 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 Supp.No.23 LDC10:102 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.05 B.1. 10.03.06 A.1. b. For all other areas, except areas designated in the Rural Golden Gate Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan, notices shall be sent to all property owners within 1,000 feet of the property lines of the subject property. c. For areas designated within the Rural and Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan, notices shall be sent to all property owners within one mile of the subject property lines. d. Notices shall also be sent to property owners and condominium and civic associa- tions whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified.A list of such organizations must be provided and maintained by the County, but the applicant must bear the responsibility of insuring that all parties are notified. 2. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County. Unless required by F.S. § 125.66(4),the mailed notice is a courtesy only and is not jurisdictional.Accordingly, provided a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or failure of an affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled. C. Newspaper Advertisement. 1. In accordance with F.S. § 125.66. D. Posting of Signage.Where required, signs shall be posted 15 days prior to the first advertised public hearing pursuant to the Administrative Code. E. Agent Letter.Where required, an informational letter shall be sent by the owner or Agent to property owners within 150 feet of the area covered by the petition following the initial staff review comments for the petition and prior to the resubmittal of the petition to the County. (Ord. No. 04-72, § 3.EE; Ord. No. 05-27, § 3.BBB; Ord. No. 05-37, § 1; Ord. No. 06-08, § 3.S; Ord. No. 06-63, § 3.VV;Ord. No.07-67, §3.W;Ord. No. 10-23, §3.VV;Ord. No. 12-38, § 3.KK;Ord. No. 13-56, § 3.TT; Ord. No. 14-33, § 3.BB; Ord. No. 21-25, § 3.E) 10.03.06 Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices.This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected.This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. Supp.No.24 LDC10:109 COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 A.1. 10.03.06 D.2. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. d. Posting of a sign prior to the first advertised public hearing. C. Minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to 10.03.06 B. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. D. Conditional use extension, or conditional use re-review: 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. Supp.No.24 LDC10:110 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 D.2. 10.03.06 F.2. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re-review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. b. One or more BCC hearings pursuant to F.S. Chapter 163. 2. The following notice procedures are required: a. Small-scale amendments: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. b. Large-scale amendments: i. For all large-scale amendments, a Newspaper Advertisement prior to each advertised public hearing. ii. For large-scale amendments that are site-specific, the additional notice procedures are required: a) A NIM. See LDC section 10.03.05 A. b) Mailed Notice prior to the advertised Planning Commission hearing. c) Posting of a sign prior to the advertised Planning Commission hearing. F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. Supp.No.24 LDC10:111 COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 F.2. 10.03.06 1.1. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 1. The following advertised public hearing is required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County. b. Mailed Notice prior to each advertised public hearing. . c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. 2. The following notice procedures are required: a. For a PDI, a NIM.See LDC section 10.03.05 A. However, upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact (DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. Supp.No.24 LDC10:112 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 1.2. 10.03.06 1.2. 2. The following notice procedures are required: a. In accordance with F.S. § 380.06 and the Florida Administrative Code. [The next page is LDC10:117] Supp.No.24 LDC10:113 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.05 B.2. 10.03.06 B.1. 2. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County. Unless required by F.S. § 125.66(4),the mailed notice is a courtesy only and is not jurisdictional.Accordingly, provided a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or failure of an affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled. C. Newspaper Advertisement. 1. In accordance with F.S. § 125.66. D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first advertised public hearing pursuant to the Administrative Code. E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent to property owners within 150 feet of the area covered by the petition following the initial staff review comments for the petition and prior to the resubmittal of the petition to the County. (Ord. No. 04-72, §3.EE; Ord. No. 05-27, §3.BBB;Ord. No. 05-37, § 1; Ord. No. 06-08, §3.S; Ord. No. 06-63, §3.VV; Ord. No. 07-67, § 3.W; Ord. No. 10-23, § 3.VV; Ord. No. 12-38, § 3.KK; Ord. No. 13-56, § 3.TT; Ord. No. 14-33, § 3.BB) 10.03.06 Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC or BZA hearing. Supp. No. 12 LDC10:113 COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 B.2. 10.03.06 E.1. ►- 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. d. Posting of a sign prior to the first advertised public hearing. e. For a rezoning or a PUD amendment the County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearing before the BCC or BZA. C. Minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner,then pursuant to 10.03.06 B. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. D. PUD extension, conditional use extension, or conditional use re-review: 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re-review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. �" b. One or more BCC hearings pursuant to F.S. Chapter 163. Supp. No. 12 LDC10:114 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 E.2. 10.03.06 F.2. 2. The following notice procedures are required: a. Small scale amendments: i. A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission hearing. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. b. Regular scale amendments: i. A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission adoption hearing for a site specific amendment. ii. Mailed Notice prior to the advertised Planning Commission hearing for a site specific amendment. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing for a site specific amendment. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. Supp. No. 12 LDC10:115 COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 G. 10.03.06 1.2. •� G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 1. The following advertised public hearing is required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County. b. Mailed Notice prior to each advertised public hearing. . c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: �.. a. One Planning Commission or Hearing Examiner hearing. 2. The following notice procedures are required: a. For a PDI,a NIM. See LDC section 10.03.05 A. However, upon written request by the applicant,the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. Ordinance or resolution for the establishment,amendment to, or the abandonment of a Development of Regional Impact (DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. In accordance with F.S. § 380.06 and the Florida Administrative Code. Supp. No. 12 LDC10:116 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 J. 10.03.06 K.2. J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the first advertised public hearing. b. Newspaper Advertisement prior to each advertised public hearing. The advertise- ment for the Planning Commission hearing shall include a project location map. c. Posting of a sign prior to the first advertised public hearing. d. The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearings before the BCC. K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: 1. The following advertised public hearings are required: a. At least one Planning Commission hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings. If there is only one Planning Commission hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings, then at least one of the hearings shall be held after 5:00 p.m. on a weekday. b. At least two BCC hearings. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. 2. The following notice procedures are required: a. Newspaper Advertisement prior to Planning Commission hearing including a project location map. The first Planning Commission hearing shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place of a second public hearing shall be announced at the first public hearing. Supp. No. 14 LDC10:117 COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 K.2. 10.03.06 M.2. b. Newspaper Advertisement prior to the BCC hearings in accordance with F.S§ 125.66 (4) including a project location map. i. In lieu of the newspaper advertisement,the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 1. The following advertised public hearings are required: a. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments. 1. The following advertised public hearings are required: a. SRA designation or SRA substantial change: i. One EAC hearing, if required. ii. One Planning Commission hearing. iii. One BCC hearing. b. SRA insubstantial change: i. One Planning Commission or Hearing Examiner hearing. ii. If heard by the Planning Commission, one BCC hearing. 2. The following notice procedures are required: a. SRA designation or SRA substantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the first advertised public hearing. iii. Newspaper Advertisement prior to each advertised public hearing in accor- dance with F.S. § 125.66. iv. Posting of a sign prior to the first advertised public hearing. Supp. No. 14 LDC10:118 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.04.00 10.04.01 B.1. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP AND FOR SCHOOL CONCURRENCY DETERMINATIONS The procedures generally set out in the chart below(illustration 10.04.00) are more fully described in detail in sections 10.04.02-10.04.04. PROCEDURES FLOW CHART PRE-APPLICAT ON CONFERE..NCE 10 02 01 APPLICATION SUEMITTEo (10.02.02,1002.03, 10-02.04,10 02 05; Y DETERMINATION OF COMPLETENESS (10 04 01) INCOMPLETE COMPLETE PROCESSING TYRE 1 TYPE !' --aim► TYPE I11 CONTINUES r ',EL ATT,4..NED '. SFF ATTACHED SEE ATTACHED Y V NOTICE DEFICIENCIES NOT CORRECTED CORRECTED MTHDRAWM .......................................... Illustration 10.04.00 10.04.01 Determination of Completeness A. Generally[RESERVED]. B. Approval of regulated development and certificates to operate for wellfield operations. 1. Approval of regulated development by development services of new or substantially modi- fied regulated development. a. Standards. i. All new and substantially modified development requiring site plan approval pursuant to the Collier County Land Development Code as adopted, or pursuant to Collier County Ordinance No.82-2,and as may be superseded by the Collier County Unified Land Development Code, requiring a certificate of occupancy,or otherwise regulated under this section,shall be reviewed by the Supp.No.16 LDC10:123 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.01 B.1. 10.04.01 B.1. County Manager or his designee at the time of preliminary or other initial site plan approval required by such ordinance, for compliance with the standards of this section and in the same manner as a certificate to operate. Supp.No.16 LDC10:124 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.01 ii. Approval for operation and use of development regulated pursuant to this section, which development requires compliance with specific standards as set forth in section 3.06.12 hereof or requires a certificate to operate (but not a certificate to operate which is incorporated into a wellfield conditional use permit), shall be included in and made a part of the letter of approval issued by the County Manager or his designee. iii. A certificate to operate which has been issued pursuant to subsection (ii) above hereof, shall be renewed by the department not later than the one-year anniversary of issuance of the development service's letter of approval as provided in section 10.04.01 B.2. hereof. 2. Certificates to operate. a. Standards. Expiration. (a) Each certificate to operate shall be valid for no more than one year after the date of issuance and shall automatically expire on the first anniversary date of issuance. The permit will remain valid and in full force during the term of permit provided that the owner/operator remains in compliance with the terms and conditions of the certificate to operate. Revocation and revision of a certificate to operate is authorized pursuant to section 10.04.08 A. of this chapter. ii. Renewals. (a) Applications for renewal of certificates to operate shall be filed with the department at least 60 days prior to expiration and shall not be automatic. (b) The application for renewal shall be reviewed by the department for consistency with the applicable standards of this section. (c) Applications for renewal shall provide the following: (i) All documents and documentation required for the regulated development pursuant to section 3.06.12, as may have been amended on the date of application for renewal; (ii) Evidence of compliance with the applicable standards of section 3.06.12 during the term of the certificate to operate; and (iii) The application shall include the appropriate fees as pro- vided in section 10.01.04 hereof. b. Prohibited approvals of regulated development and certificates to operate. No final approval for regulated development or certificate to operate shall be construed or otherwise interpreted to legalize a regulated development LDC10:153 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.01 .� existing on the effective date of this section [November 13, 1991], which is not in compliance with other applicable local, state or federal law or regulations. No certificate to operate or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local, state or federal law or regulations. 3. Inspections. a. By accepting the certificate to operate and as a condition of the same, and by accepting a letter of approval which approval is based upon compliance with this section, the owner/operator grants express permission for the county, through an authorized agent,to make inspections of the regulated development at reasonable times to determine compliance with this section. b. Authorized agents of the county are hereby authorized and empowered and shall be permitted at reasonable hours and after reasonable notice to inspect the premises of the regulated development to ensure compliance herewith. c. Refusal to allow inspection under this section shall be sufficient grounds for consideration of revocation of the certificate to operate or letter of approval which approval is based upon compliance with this section. d. In the event a person who has common authority over regulated development impedes or otherwise refuses a lawful inspection by an authorized agent of the county, the inspection shall be rescheduled and notice shall be mailed by United States certified mail to the address and person shown on the certificate to operate or the letter of approval. Failure of such person to permit the rescheduled inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue an administrative search warrant for the purpose of inspection, surveying or examining said premises or facilities. e. In the event the premises of the regulated development, its building or structure appears to be vacant or abandoned and the property owner cannot be readily contacted in order to obtain consent for inspection, an authorized agent of the county may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection therefore [thereof]. f. Authorized agents of the county shall be provided with official identification and shall exhibit this identification prior to any inspection. g. It shall be the duty of all law enforcement officers to assist in making inspection once such assistance is requested by an authorized agent of the county. 4. Transfers. a. Within 30 days of the sale or legal transfer of a regulated development, the owner/operator of a regulated development, for which a certificate to operate or a wellfield conditional use permit has been granted, shall provide written notice to the department of the sale or other legal transfer. Within the same time period, the new LDC10:154 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.01 property owner shall apply to the department by letter for transfer of the certificate to �-- operate or wellfield conditional use permit and agree to be bound by the terms of the certificate to operate or wellfield conditional use permit unless same may be modified as provided herein. 5. Administrative review. Certificates to operate shall be processed and reviewed, and shall be administratively approved, approved with conditions, or denied by the county manager as provided in this section.Application for certificate to operate shall be made on a form prepared by the county manager. a. Completeness review. i. Within 30 days of receipt of a completed application, the county manager shall review the application for compliance with the standards of sections 3.06.12 and 3.06.13 hereof. ii. If the application is found not to be in compliance, the county manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the application. iii. Within 30 days of the owner's/operator's receipt of the county's notice, the owner/operator shall: (a) Provide the requested information or provide written notice to the county manager of its intent to either furnish the requested informa- tion; or (b) Provide written notice to the county manager of its intent to have the application processed "as is" with the information it then contains. b. Substantive review. i. Upon a determination by the county manager that the application is com- plete, or upon receipt of written notice from the from the [sic]owner/operator that the application should be processed as is, the county manager shall issue a determination of completeness and provide a copy to the owner/ operator by regular U.S. mail. ii. Within 30 days of issuance of a determination of completeness, the county manager shall render a written evaluation of the application in accordance with the standards of sections 3.06.12 and 3.06.13 hereof and render a notice of intent to issue or deny the application, a copy of which shall be sent to the owner/operator by regular U.S. mail. iii. The owner/operator may appeal an adverse notice of intent to the board as provided in section 10.04.11, hereof. iv. The certificate to operate will be issued or denied by the department within 15 days of issuance of the notice of intent, unless an appeal is taken as provided in section (iii) above. LDC10:155 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.01 --� c. Extension of administrative review and withdrawal [of] application. i. The county manager may, in his sole discretion, extend the time frame for administrative review set forth in section 10.04.01 B.5.a. and section 10.04.01 B.5.b. hereof for the purposes of requesting and receiving addi- tional information necessary to complete the substantive review of the application. ii. If the owner/operator does not provide the information requested by the county manager or advise the county that the application is to be processed "as is" within 45 days of such request, the application shall be considered withdrawal [withdrawn] and fees paid shall be surrendered. iii. The owner/operator may voluntarily withdraw the application at any time prior to the issuance of the county manager's notice of intent by submitting a written notice to the county manager stating its intent to withdraw. 6. Containment and cleanup, option for county to initiate containment and cleanup, reimburse- ment by owner/operator. a. In the event of a discharge or an accidental release of any hazardous product, hazardous waste from a regulated development or contaminant from a sanitary hazard regulated under this section, the owner/operator shall immediately upon discovery of the discharge or accidental release, contain the hazardous product, hazardous waste or contaminant, and shall initiate cleanup in accordance with —� approved contingency plans and applicable law. b. Failure of the owner/operator to contain the discharge or accidental release or the failure of the owner/operator to initiate cleanup of the site within 48 hours of discovery or within a shorter amount of time as may be necessary to protect the public health, safety and welfare, may result in the county initiating appropriate containment of the discharge or accidental release and/or cleanup of the site in accordance with applicable law. c. In the event the county elects to exercise the option to contain the discharge or accidental release and/or clean up the site,the county shall first provide written notice of this intent to the owner/operator stating how the owner/operator has failed to comply with this section and providing a reasonable period of time within which the owner/operator shall perform the necessary containment of the discharge or acci- dental release and/or initiate cleanup in accordance with applicable law or the approved contingency plan. d. By accepting a certificate to operate or a wellfield conditional use permit, and as a condition of the same, and by accepting a letter of approval, which approval is based upon compliance with this section, the owner/operator agrees that the reasonable costs expended by the county to contain the discharge or accidental release and/or clean up the site shall be recoverable from the owner/operator. 7. Administrative procedures. a. Promulgation of administrative procedures. The county manager shall promulgate and bring for adoption by the board, administrative procedures to implement this section within one year of the effective date of this section [November 13, 1991]. LDC10:156 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.01 8. Violations, penalties and remedies. a. Violations. It shall be a violation of this section to fail to obtain any permit required herein or without a permit, or other appropriate authorization as may be required herein, to conduct, commence or maintain any use or activity prohibited or regulated by this section. Each violation shall constitute a separate offense. b. Penalties. Violations of this section may be referred by the county manager to the county's code enforcement board for enforcement action in accordance with F.S. ch. 162, and Collier County Ordinance No. 88-89, and as may be amended. c. Remedies. Nothing herein shall preclude the county from seeking all other remedies available under general law, including without limitation: [sic] To County: The County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 33962 To Applicant/Petitioner: Applicant/petitioner at the address listed in the application 9. Liberal construction and severability. a. Liberal construction. The provisions of this section shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. b. Conflict and severability. In the event this section conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phase or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. LDC10:157 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.01 APPENDIX A. WELLFIELD PROTECTION ZONE MAPS Illustrating the Locations of Wellfield Risk Management Special Treatment Overlay Zones Established by the "Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida" (Voorhees and Mades, 1989) Initial reference to "appendix A" can be found in section 3.06.03 B. The pages that comprise appendix A, as attached, are Xerox copies of portions of United States Geological Survey quadrangle maps on which the boundaries of the wellfield risk management zones are plotted. The wellfields are arranged in the order of mention in section 3.06.02 F.6.j. Explanation of maps: 1. Due to the location of some wellfields relative to map boundaries,there may be multiple plates required to illustrate the particular wellfield. 2. Major roads are noted on the maps as initial points of reference. 3. Zone W-1 is the land area encompassed by the innermost closed line around each wellfield. 4. Zone W-2 is the land area situated between the innermost closed line around each wellfield and the next closest closed line around the wellfield. 5. Zone W-3 is the land area situated between the closed line surrounding W-2, as defined — above, and the third closed line from the wellfield. 6. Zone W-4 is the land area situated between the outermost, closed line surrounding the wellfield and the next adjacent closed line that defines the outermost boundary of W-3. LDC10:158 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.01 INDEX TO APPENDIX A This index includes the name of the wellfield and the United States Geological Survey quadrangle map(s) on which the wellfield is located. EVERGLADES CITY WELLFIELD Ochopee, Florida FLORIDA CITIES (AVATAR) WELLFIELD Belle Meade NW, Florida NORTH NAPLES UTILITIES (QUAIL CREEK) WELLFIELD Corkscrew SW, Florida EAST GOLDEN GATE WELLFIELD Plate 1—Corkscrew SE, Florida Plate 2—Belle Meade NE, Florida OASTAL RIDGE (GOODLETTE ROAD) WELLFIELD Naples North, Florida COLLIER COUNTY UTILITIES WELLFIELD Plate 1—Corkscrew SW, Florida Plate 2—Belle Meade NW, Florida Plate 3—Corkscrew SE, Florida Plate 4—Belle Meade NE, Florida GLADES WELLFIELD Plate 1—Naples North, Florida Plate 2—Belle Meade NW, Florida IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS Immokalee, Florida PELICAN BAY WELLFIELD Plate 1—Bonita Springs, Florida Plate 2—Corkscrew SW, Florida PORT OF THE ISLANDS WELLFIELD Weavers Station, Florida LDC10:159 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.02 ~~~� 10.04.02App|imotione Subject tmType | Review The following applications are subject to Type I review: SDP's; SIP's; and Amendments to both SDP's and S|P'e. For a graphic depiction of the review pnnoedune, please see Illustration 10.04.02 A. below. TYPE I SDP's/S|P's; AMENDIVIENTSTo SDP's and S|p's y DISTRIBUTION OF COMPLETE APPLICATION '*m 7O ALL STAFF REVIEWERS � RECEIPT&COMPILATION OF COMMENTS& RECOMMENDATIONS y PREPARATION OF WRITTEN STAFF REPORT REGARDING COMPLIANCE OFKPPL|CAT|ON WITH UDC (Revised Report for Resubmitted Applications) y �� V 'APPROVAL APPROVAL NOTICE OFDEFICIENCY � WITH CONDITIONS TOAPPL�ANT (Written Order) � (Vw|ttenOder) (WriftenReport) CORRECTIVE ACTION AND RESVBM|TTxLBY APPLICANT (Limited to XX Resubmittals) ~ (if No Corrective Action Within KX Days,Applicant Denied) mors. vvnnTsm ORDERS SHOULD INCLUDE NOTICE To APPLICANTS THAT THEY PROCEED xT THEIR OWN RISK uwT|LTHs APPEALS psnoosw��/ Illustration 10.04.02A. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.03 10.04.03 -. 10.04.03 Applications Subject to Type II Review The following applications are subject to Type II review: Conditional use Permits; Rezoning; LDC Text Amendments; GMP Amendments; and small-scale development Amendments. For a graphic depiction of the review procedure, please see Illustration 10.04.03 A. TYPE II (FINAL PLATS;CONDITIONAL USE PERMITS; REZONING;UDC TEXT AMENDMENTS;GMP AMENDMENTS; SMALL SCALE DEVELOPMENT AMENDMENTS) r DISTRIBUTION OF COMPLETE APPLICATION t TO ALL STAFF REVIEWERS r RECEIPT&COMPILATION OF COMMENTS& RECOMMENDATIONS APPLICANT MAY SUBMIT REVISED APPLICATION (Limited to X Resubmittals) PREPARATION OF WRITTEN STAFF 4 REPORT AND RECOMMENDATIONS WORKSHOP ON APPLICATION (As Needed) r HEARINGS BY PLANNING COMMISSION AND, AS NEEDED, ENVIRONMENTAL ADVISORY COUNCIL I, HEARINGS BY BCC V 1 APPROVAL APPROVAL DENIAL (Written Findings and WITH CONDITIONS (Written Findings) Written Order) (Written Findings and Written Orders) (Ord. No. 07-67, § 3.X) Illustration 10.04.03.A Supp. No.6 LDC10:161 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.04 10.04.06 10.04.04 Applications Subject to Type Ill Review The following applications are subject to Type III review: Variances;Administrative Appeals; Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested Rights; flood Variances; Parking Agreements. For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. TYPE III (VARIANCES,ADMINISTRATIVE APPEALS, CERTIFICATE OF APPROPRIATENESS,CONDITIONAL USES, NONCONFORMING USE AMENDMENTS,VESTED RIGHTS, FLOOD VARIANCES,PARKING AGREEMENTS 1 DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS RECEIPT&COMPILATION OF COMMENTS& RECOMMENDATIONS PREPARATION OF WRITTEN STAFF REPORT AND RECOMMENDATIONS Ir 1 VARIANCES,CONDITIONAL APPEALS VESTED RIGHTS CERTIFICATE OF USES,NONCONFORMING OF ADMINISTRATIVE DETERMINATION APPORPRIATENESS USE AMENDMENTS, DECISION OR FLOOD VARIANCES, INTERPRETATION PARKING AGREEMENTS W HEARING BY HEARING BY HISTORIC/ HEARING OFFICER ARCHAEOLOGIC HEARINGS BY BZA PRESERVATION BOARD APPROVE OR DENY APPROVE (Written WITH Findings) APPROVE DENY CONDITIONS AFFIRM I DENY (Written Order) DECISION APPROVE DENY V TO SDP,PLAT CONTINUE OR OTHER PROCESSING PROCESS ORIGINAL APPLICATION Illustration 10.04.04 A. (Ord. No. 07-67, § 3.Y) 10.04.05 Procedures for Review and Approval of Type I Applications For specific procedures pertaining to each application, please see Illustration 10.04.02 A. and the various sections in this chapter pertaining to that application. 10.04.06 Procedures for Review and Approval of Type II Applications For specific procedures pertaining to each application, please see Illustration 10.04.03 A. and the various sections in this chapter pertaining to that application. Supp. No. 6 LDC10:162 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.07 10.04.08 Al.. 10.04.07 Procedures for Review and Approval of Type Ill Applications For specific procedures pertaining to each application, please see Illustration 10.04.04 A. and the various sections in this chapter pertaining to that application. 10.04.08 Modifications to Pending Applications A. Modification of regulated development, revision or revocation of a certificate to operate, or a wellfield conditional use permit. 1. Modification of regulated development and Notification. a. The owner/operator shall notify the County Manager in writing prior to any expansion, alteration or modification of a regulated development for which: A certificate to operate or a wellfield conditional use permit has been issued; or ii. A wellfield exemption has been legislatively provided. b. Expansion, alteration or modification shall include, without limitation: i. An increase in square footage, production or storage capacity; ii. Increased quantities of a hazardous product or hazardous waste or changes in the type or nature of a regulated development; and iii. Any other proposed change to the regulated development which may require a change, modification or alteration of the approved containment system, the maintenance procedures for the system, or in the approved contingency plan. c. County approval of modification. i. The expansion, modification or alteration of a regulated development shall require prior county approval. Failure to obtain such approval as provided herein shall result in the county commencing revocation or revision proceed- ings of the certificate to operate, the wellfield conditional use permit or the wellfield exemption for a regulated development, if in the opinion of the county, such change substantially or materially modifies, alters or affects: (a) The conditions under which the certificate to operate, or the wellfield conditional use permit was granted; or (b) The conditions under which the development qualifies for a wellfield exemption. ii. The county shall notify the owner/operator in writing,within 60 days of receipt of the notice of change, of the county's intent to revoke or revise the authorization and the grounds therefore as provided in section 10.04.08 A.2.c. hereof. Supp. No. 6 LDC10:163 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.08 A.2. 10.04.08 A.2. 2. Revocation or revision of certificate to operate, wellfield conditional use permit or wellfield exemption. a. Notice of intent to revoke. i. No wellfield exemption, wellfield conditional use permit, or certificate to operate for a regulated development shall become vested. ii. The county may revoke any wellfield exemption, wellfield conditional use permit, [or]certificate to operate after first issuing a written notice of intent to revoke to the owner/operator which states that the owner/operator: (a) Has failed or refused to comply with any of the provisions of this section; (b) Has submitted false or inaccurate information in the application or petition which information reasonably induced the county to issue the certificate to operate, or approve the wellfield conditional use permit; (c) Has failed to submit reports or other information required under section 3.06.12 as a condition of a certificate to operate, or wellfield conditional use permit; (d) Has refused lawful inspection as required by this section as a condition of a certificate to operate or wellfield conditional use permit; or (e) Has altered, modified or expanded a regulated development as provided in this section. b. Notice of intent to revise. No wellfield exemption, wellfield conditional use permit, or certificate to operate for a regulated development shall be vested. ii. The county may revise any wellfield exemption, wellfield conditional use permit or certificate to operate granted or issued after first issuing written notice of intent to revise which complies with section 10.04.08 A.2.a.ii. and further states that the owner/operator: (a) Has been [sic] unlawfully modified, altered or expanded a regulated development as provided in this section; (b) Has been identified by the county as responsible for, in whole or in part,for a discharge or accidental release of hazardous products or hazardous wastes or other contaminant associated with the regu- lated development; or (c) The contingency plans and/or remedial action initiated and per- formed by or on behalf of the owner/operator were not approved by ... the county or applicable state or federal agencies and are deemed by the same to be inadequate for the regulated development. Supp. No. 6 LDC10:164 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.08 A.2. 10.04.08 A.2. c. Factual basis for revocation or revision. Initiation of review. After being informed of or discovery of an unauthorized discharge or accidental release of a hazardous product, hazardous waste or contaminant,the county shall review the certificate to operate,the wellfield conditional use permit, or wellfield exemption for the regulated develop- ment(s) associated with the discharge or accidental release. ii. Action by county. In the event the county determines that the owner/operator has failed to comply with the terms of the certificate to operate, the wellfield conditional use permit or the wellfield exemption, the county may elect to issue a notice of intent to revoke or revise such authorization to operate subject to the provisions of this section. iii. Criteria. In consideration of whether to revoke or revise a certificate to operate or a wellfield conditional use permit, the board shall consider:; A. The intentional nature or degree of negligence, if any, associated with the discharge or accidental release; B. The extent to which containment or cleanup of the contaminant or hazardous product or hazardous waste or its components is possible; C. The nature, number and frequency of previous discharges or acci- dental releases attributable to the regulated development; D. The potential degree of harm to the groundwater and surrounding public potable water supply wells as a result of the discharge or accidental release; and E. The owner/operator's actions in responding to this and previous discharges or accidental releases. iv. Contents of notice of intent. (a) To initiate revocation or revision under this section, the county shall first issue a notice of intent to revoke or revise which shall,in addition to the applicable standards of sections 10.04.08 A.2.c. and 10.04.08 A.2.b. hereof contain the following information: A. The name and address of the owner/operator; and B. A description of the regulated development which is the subject of the proposed revocation or revision; and C. The approximate or, if available, actual location of the discharge or accidental release, if any; and Supp. No. 6 LDC10:165 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.08 A.2. 10.04.09 A. D. A concise explanation and specific reasons for the proposed revocation or revision; and E. The statements that: "Failure to file a petition with the County Manager within 20 days after the date upon which the Permittee receives written Notice of the Intent to Revoke or Revise shall render the proposed revocation or revision final and in full force and effect." "Failure of the Owner/Operator to file a petition in opposition to the Notice of Intent to Revise or the Notice of Intent to Revoke as provided in Article 10[section 10.04.11 A.]of this Ordinance, shall render the proposed revocation or revision final and in full force and effect." (b) Failure of the owner/operator to file a petition in opposition to the notice of intent to revise or the notice of intent to revoke as provided in section 10.04.11 A. of this section shall render the proposed revocation or revision final and in full force and effect. (c) Nothing in this section shall preclude or be deemed a condition precedent to the county seeking a temporary or permanent injunc- tion. 10.04.09 School Concurrency Procedures for the Review and Approval of Residential Subdivision Plats and Residential Subdivision Plat amendments; Residential Site Development Plans and Residential Site Development Plan amendments A. Definitions Applicable to School Concurrency Reviews. Adjacent Concurrency Service Areas:Concurrency Service Areas which are contiguous and touch along one side of their outside geographic boundary. Available Capacity: Existing school capacity which is available within a Concurrency Service Area including any new school capacity that will be in place or under actual construction, as identified in the first three years of the School District's Five Year Capital Improvement Plan. Proportionate Share Mitigation (Schools):An Applicant improvement or contribution identified in a binding and enforceable agreement between the Applicant, the School District and the Local Government with jurisdiction over the approval of the plat, site plan or functional equivalent to provide compensation for the additional demand on public school facilities caused by the residential development of the property, as set forth in Section 163.3180(13)(e), F.S. School Board:The governing body of the School District, a political subdivision of the State of Florida and a corporate body pursuant to Section 1001.40, F.S. School District of Collier County.The School District created and existing pursuant to Section 4,Article IX of the State of Florida Constitution. Supp. No. 6 LDC10:166 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.09 A. 10.04.09 C.1. Type of School:Schools providing the same level of education, i.e. elementary, middle, high school, or other combination of grade levels. B. School Concurrency Established 1. Purpose. The County and the School District shall ensure that the LOS standard established for each Type of School is achieved and maintained. 2. Applicability. No residential subdivision plat or residential site development plan for new residential development may be approved by the County, unless the application is exempt from these requirements as provided for in this Section, or until a School Capacity Availability Determination Letter (SCADL) has been issued by the School District to the County indicating that adequate school capacity exists within a Concurrency Service Area (CSA) for each Type of School. a. The County may condition the approval of the application to ensure that necessary schools are in place, in order to validate or render effective the approval. This shall not limit the authority of the County to deny a residential plat, residential site plan or its functional equivalent, pursuant to its home rule regulatory powers. 3. Exemptions. The following shall be exempt from the terms of this subsection: a. Single family and mobile home lots of record, existing as of the effective date of school concurrency, October 14, 2008. b. Any new residential development that had a final subdivision plat or site develop- ment plan approval as of the effective date of school concurrency, October 14, 2008. c. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single-family to multi-family). d. Age-restricted communities with no permanent residents under the age of 18. Exemption of an age-restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. e. All new residential subdivision plats and site development plans, or amendments to previously approved residential development orders, which are calculated to generate less than one student. f. Development that has been authorized as a Development of Regional Impact pursuant to Chapter 380, F.S., as of July 1, 2005. C. School Concurrency Application Review. Any Applicant submitting an application for a residential subdivision plat or residential site development plan must prepare and submit a School Impact Analysis(SIA)to the County for review by the School District.An application that is determined to be exempt under Section 10.02.07 is not subject to school concurrency. Refer to Section 10.04.09 for SIA requirements. 1. The SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, etc.), a phasing schedule (if applicable), and age- Supp. No. 6 LDC10:167 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.09 C.1. 10.04.09 D.2. restrictions for occupancy(if any).The County shall initiate the review by determining that the application is sufficient for processing. Once deemed sufficient, the County shall transmit the SIA to the School District representative for review. The process is as follows: a. An application for residential development is submitted to the County for a sufficiency review. Once deemed sufficient, the County transmits the SIA to the School District for review. The School District may charge the applicant a non- refundable application fee payable to the School District to meet the cost of review. b. Within 20 working days of receipt of a sufficient SIA application, the School District representative shall review the application and provide written comments to the County. Each SIA shall be reviewed in the order in which it is received. c. In the event that there is not adequate capacity available within the adopted LOS standard in the Concurrency Service Area (CSA) in which the proposed develop- ment is located or in an adjacent CSA to support the development impacts, the School District representative will issue a School Capacity Availability Determina- tion Letter (SCADL) within 20 working days of receipt of the SIA detailing how the development is inconsistent with the adopted LOS standard,and offer the applicant the opportunity to enter into a negotiation period to allow time for the mitigation process. If the proposed mitigation is accepted by the School District,County and the applicant, then those parties shall enter into an enforceable and binding agreement with the County and the applicant. d. When capacity has been determined to be available, the School District representa- tive shall issue a SCADL verifying available capacity to the applicant and the County within 20 working days of receipt of the SIA application. e. The County shall be responsible for notifying the School District representative when a residential development has received a Certificate of Public Facility Adequacy (COA), when the development order for the residential development expires or is revoked, and when its school impact fees have been paid. D. School Concurrency Approval. Issuance of a SCADL by the School District identifying that capacity exists within the adopted LOS standard indicates only that school facilities are currently available,and capacity will not be reserved for the applicant's proposed residential development until the County issues a Certificate of Public Facility Adequacy (COA). 1. The County shall not issue a COA for a residential development until receiving confirmation of available school capacity within the adopted LOS standard for each Type of School, in the form of a SCADL from the School District. Once the County has issued a COA, school concurrency for the residential development shall be valid for the life of the COA. Expiration, extension or modification of a COA for a residential development shall require a new review for adequate school capacity to be performed by the School District. 2. The County shall notify the School District within 10 working days of any official change in the status of a COA for a residential development. Supp. No.6 LDC10:168 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.09 D.3. 10.04.11 A.1. 3. The County shall not issue a building permit for a non-exempt residential development without confirming that the development received a COA at plat or site plan approval, and that the COA is still valid. Once the County has issued a COA, school concurrency for the residential development shall be valid for the life of the COA. E. Proportionate Share Mitigation. In the event there is not sufficient school capacity available within the adopted LOS standard to support an applicant's development, the School District in coordination with the County may consider proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the Applicant and the County to mitigate the impact from the development through the creation of additional school capacity. F. Mitigation. If mitigation is agreed to, the School District shall issue a new SCADL approving the applicant's development subject to those mitigation measures agreed to by the County, applicant and the School District. Prior to residential subdivision plat or site plan approval, the mitigation measures shall be memorialized in an enforceable and binding agreement with the County,the School District and the applicant that specifically details mitigation provisions to be paid for by the applicant and the relevant terms and conditions. If mitigation is not agreed to, the SCADL shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A SCADL indicating that either adequate capacity is available or that there is no available capacity following a 90 day negotiation period constitutes final agency action by the School District. (Ord. No. 10-23, § 3.XX) 10.04.10 Withdrawal of Pending Applications [Reserved] 10.04.11 Public Hearings A. Appeals and public hearings for wellfields. 1. Public hearings. a. Public hearings shall be required for: The issuance of a wellfield conditional use permit; ii. An appeal from an adverse administrative determination on issuance of a certificate to operate filed with the County Manager within 30 days of issuance of the administrative determination; and iii. County-initiated revocation or revision of a certificate to operate, a wellfield conditional use permit or wellfield exemption. b. Standards for Public hearings: i. Appeals from adverse administrative determinations,applications for wellfield conditional use permits and county-initiated revocation or revision proceed- ings shall be considered for approval, approval with conditions or denial by the board as a public hearing matter and shall be scheduled for public hearing in the same manner as an application for zoning atlas amendment Supp. No. 6 LDC10:169 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.11 A.1. 10.04.11 A.2. �-- and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded,and when effective,the Collier County Unified Land development Code. 2. Notice of public hearing. a. Notice to the public. Public notice shall be given in the same manner as for any ordinance affecting the use of land as set forth in F.S. § 125.01, and as required for an application for zoning atlas amendment as required in section 3.06.05 hereof and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded,and when effective,the Collier County Unified Land development Code. ii. The unintentional failure of the owner/operator seeking approval of a wellfield conditional use permit or appealing an adverse administrative determina- tion,to notify the contiguous property owner(s) or other persons shall not be grounds for a continuance of the hearing, nor in any way affect any action taken at such hearing. b. Notice to owner/operator. Notice of public hearing arising from county-initiated revocation or revision proceedings shall be served upon the owner/operator by certified return receipt mail no less than 15 days prior to the hearing. ii. The notice shall contain the following information: (a) Name and address of the owner/operator; and (b) A description of the regulated development; and (c) Specific citations to the section(s) applicable of the LDC alleged to be the basis of the proposed revocation or revision; and (d) The time, place and date of hearing; and (e) The following statements: (i) "Failure to attend may result in an Order being issued which may be adverse to your interest." (ii) "All parties shall be given the opportunity to present wit- nesses and evidence in support of their position and to cross examine witnesses." (iii) "Pursuant to Section 286.0105, Florida Statutes, notice is hereby given that appeals from any decision of the County Commission with respect to any matter considered at the Supp. No.6 LDC10:170 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.11 A.2. 10.04.11 A.3. public hearing, will require a record of the proceedings and may require that a verbatim record of the proceedings be made." (f) The name and signature of the County Manager. 3. Decisions by the Board. a. At all public hearings, the Board shall hear and consider all facts material to the application, petition or appeal and shall thereafter issue a decision based upon the greater weight of substantial competent evidence. b. The board may affirm, reverse or modify the action or proposed action of the County Manager. c. In all cases the board shall render a decision within 14 working days from the date on which the hearing is concluded which shall be the final administrative action on behalf of the County. d. Any person who is a party to the proceeding before the board may apply to a court of competent jurisdiction for review in accordance with applicable Florida Rules of Civil Procedure and Florida law. e. There shall be no administrative review on behalf of the County other than that review specifically provided in this section. Supp. No. 6 LDC10:171 COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.12 10.07.00 A.2. 10.04.12 Denial of Application [Reserved] 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS [Reserved] 10.05.01 Generally [Reserved] 10.05.02 Major Amendment [Reserved] 10.05.03 Minor Amendment [Reserved] 10.06.00 APPEALS [Reserved] 10.06.01 Applicability 10.06.02 Stay of Proceedings 10.06.03 Time for Applications 10.06.04 Final Action on Appeals 10.06.05 Judicial Review 10.07.00 ENFORCEMENT A. Sign violations. 1. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the following requirements: a. The issuance of a sign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. b. All signs for which a permit is required shall be subject to inspections by the County Administrator or his designee. The County Administrator, or his designee, is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shall be made during business hours, unless an emergency exists. The County Administrator, or his designee, may order the removal of any sign that is not in compliance with the provisions of this Code, is improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. c. The County Manager or his designee, or his designee shall be charged with interpretation and enforcement of this Code. 2. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. a. The owner,tenant, and/or occupant of any land or structure, or part thereof, and an architect, builder, contractor agent, or other person who knowingly participates in, Supp. No. 6 LDC10:172 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.07.00 A.2. 10.08.00 A. assists,directs,creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. b. Where any sign or part thereof violates this Code, the compliance service manager or his designee, may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this Code, as provided by law, including prosecution before the Collier County Code Enforcement Board against the owner, agent, lessee, or other persons maintaining the sign, or owner, or lessee of the land where the sign is located. c. If a sign is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Building Code, as adopted by Collier County shall govern. d. Code enforcement shall immediately remove all violative signs located in or upon public rights-of-way or public property. e. Penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code, such person, firm, corporation, or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed$500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. ch. 162. 10.07.01 Responsibility for Enforcement [Reserved] 10.07.02 Complaints and Investigations [Reserved] 10.01.01 [10.07.03] Notification of Violation [Reserved] 10.08.00 CONDITIONAL USE PROCEDURES A. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a Supp. No. 11 LDC10:173 COLLIER COUNTY LAND DEVELOPMENT CODE 10.08.00 A. 10.08.00 E.2. zoning district as a conditional use if specific provision for such conditional use is made in the LDC. All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. B. Applicability. Conditional use approval is required before the construction or establishment of a conditional use. C. Application.The Administrative Code shall establish the submittal requirements for a conditional use application. 1. Conditional use application processing time. An application for a conditional use will be considered "open," when the determination of "sufficiency" has been made and the application is assigned a petition processing number.An application for a conditional use will be considered "closed"when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use,for a period of 6 months.An application deemed"closed"will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The Planning and Zoning Department will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the County shall not eliminate the"closed"status of a petition.An application deemed"closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of"sufficiency." Further review of the request will be subject to the then current LDC. D. Findings. The Planning Commission shall make a recommendation of approval, approval with conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further,that satisfactory provision and arrangement has been made for the following matters, where applicable: 1. Consistency with the LDC and Growth Management Plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. E. Planning Commission actions. 1. Conditions and safeguards. In recommending approval of a conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with the LDC. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of the LDC. 2. Denial by the Planning Commission. If the Planning Commission shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall Supp. No. 11 LDC10:174 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.08.00 E.2. 10.08.00 H.1. take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. 3. Status of Planning Commission report and recommendations.The report and recommenda- tions of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. F. Consideration by the Board of Zoning Appeals. Upon receipt of the Planning Commission's report and recommendations, the Board of Zoning Appeals shall make a finding that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further,that satisfactory provision and arrangement has been made for the matters identified in LDC section 10.08.00 D were applicable. 1. The Board of Zoning Appeals shall approve, by resolution,or deny a petition for a conditional use.The approval of a conditional use petition shall require 4 affirmative votes of the Board of Zoning Appeals. 2. If the Board of Zoning Appeals denies the conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. G. Expiration and re-review. 1. A conditional use shall expire 5 years from the date of approval, if by that date the use for which the conditional use was granted has not commenced. 2. A conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 3. The Board of Zoning Appeals may grant one 2-year extension of an approved conditional use upon written request of the petitioner. 4. If a conditional use permit is approved with stipulations or conditions, a re-review of the permit,stipulations,or conditions shall take place in accordance with the resolution approving the conditional use permit or by request of the applicant. H. Public facility dedication. 1. The Board of County Commissioners may,as a condition of approval of the conditional use, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities,the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing Supp. No. 11 LDC10:175 COLLIER COUNTY LAND DEVELOPMENT CODE 10.08.00 H.1. 10.09.00 A. by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the conditional use process. In any case, however, the County shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use. 3. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of reconsideration of approved conditional use and may result in a violation of the LDC pursuant to section 8.08.00. 4. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning require- ments. J. Changes and amendments. The County Manager or designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use.Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review, and approval of a new conditional use application. (Ord. No. 05-27, § 3.CCC; Ord. No. 06-07, § 3.Y; Ord. No. 12-38, § 3.LL; Ord. No. 13-56, § 3.VV) 10.09.00 VARIANCE PROCEDURES A. Conditions and safeguards. In recommending approval of any variance, the Planning Commission may recommend appropriate conditions and safeguards in conformity with this Zoning Code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed,or both. In the case of after-the-fact variances,the Planning Commission may recommend, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions Supp. No. 11 LDC10:176 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.09.00 A. 10.09.00 I. of this Code in effect at the time of reconstruction. 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 Zoning Code. B. Recommendation of denial. If the Planning Commission recommends denial of a variance, it shall state fully in its record its reason for doing 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 regulations relating to the specific variance requested if any. C. Status of Planning Commission report and recommendations.The report and recommendation of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. D. Notice of Board of Zoning Appeals public hearing. Upon completion of the public hearing before the Planning Commission, the petition shall be heard by the Board of Zoning Appeals. Notice of public hearing shall be given at least 15 days in advance of the public hearing before the Board of Zoning Appeals. The owner of the property for which the variance is sought, or his agent or attorney designated by him on his petition,shall be notified by mail. Notice of public hearing shall be advertised in a newspaper of general circulation in the county at least 1 time 15 days prior to the hearing. E. Board of zoning appeals public hearings. The public hearing shall be held by the Board of Zoning Appeals.Any party may appear in person by agent or attorney,or may submit written comments to the Board of Zoning Appeals. F. Board of zoning appeals action.Upon consideration of the Planning Commission's report,findings and recommendations,and upon consideration of the standards and guidelines set forth in section 9.04.03 of this code, the Board of Zoning Appeals shall approve, by resolution, or deny a petition for a variance. G. Conditions and safeguards. In granting any variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code, including, but not limited to, reasonable time limits within which action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the board may stipulate that in the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater 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 safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code. H. Limitations on power to grant variances. Under no circumstances shall the Board of Zoning Appeals grant a variance to permit a use not permitted under the terms of this Zoning Code in the zoning district involved, or any use expressly or by implication prohibited, by the terms of these regulations in the said zoning district. Variance application processing time.An application for a variance will be considered"open"when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a variance will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the variance,for a period of 6 months.An application deemed "closed"will not receive further processing and shall be withdrawn and an application"closed"through Supp. No. 11 LDC10:177 COLLIER COUNTY LAND DEVELOPMENT CODE 10.09.00 1. 10.09.00 1.1. inactivity shall be deemed withdrawn. The planning services department will notify the applicant of �- closure, however,failure to notify by the county shall not eliminate the"closed"status of a petition.An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. 1. Applicability.All applications for a variance whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section 1. above. (Ord. No. 05-27, § 3.DDD) Supp. No. 11 LDC10:178