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Ordinance 2008-08 ORDINANCE NO. 08-08 ?-1282930.;> r",!-'O 7 "- ~'V... ~ 'Ii 'J' to {c~J ~ ~ 0" cS}<I ....... 9l SU'~ ~~ 't AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.03 APPLICABILITY, SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER 4 -INCLUDING, SECTION 4.02.15 SAME - DEVELOPMENT STANDARDS IN THE SBCO DISTRICT; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.05 SIGNS EXEMPT FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.01 GENERALLY, SECTION 6.02.04 DRAINAGE FACILITY LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES INCLUDING, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and Page I of 44 Words struek IhreHgn are deleted, words underlined are added ~o ....., c;:;;:t rf""'1 c;,~;:t r-~D e:::::=ll ):>::"" -., " ~''''- ;0- f""'1 ...~- --4 <:0 >-, - t-~r''1 .- " co I p'l ~;.- rq-l -0 m - C) ..".,., CJ :;~? ~ :;.tJ~ r,,-) c-t u'\ :;p.f"l WHEREAS, this is the second amendment to the LDG for the calendar year 2007; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on January 16, 2008 and February 5, 2008 and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this Ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. S 163.3161 et seq.), and F.S. S 125.01(1)(t) and (1)(w); and WHEREAS; this Ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, S 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. Page 2 of 44 Words sImek IhreHgfl are deleted, words underlined are added 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 FAC. 7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30,1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended Page 3 of 44 Words strHck IhrOHgfl are deleted, words underlined are added that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * Development order: Any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, and paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, vegetation removal permits, agricultural clearing permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, conditional use (provisional use), variance, stewardship receivina area (SRAl, or any other official action of Collier County having the effect of permitting development as defined in this Code. * * * * * * * * . . . . TOR credit: A unit representing the right to increase the density or intensity of development on a parcel, obtained through a Transfer of Development Rights. [~ 2.03.07 041 * * * * * * * * * * * * Redemotion: Utilization of Rural Frinae Mixed-Use District (RFMUDl Transfer of Development Riahts (TDRl credit for development purposes. * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Page 4 of 44 Words strue!, through are deleted, words underlined are added Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts . . . . . . . . . . . . D. Special Treatment Overlay "ST". . . . . . . . . . . . . 4. Transfer of development rights (TOR). . . . . . . . . . . . . C. TOR credits from RFMU sending lands: General Provisions . . . . . . . . * . . * iv, Receipt of TOR credits or TOR Bonus credits from RFMU sending lands. TOR credits or TOR Bonus credits from RFMU sending lands may be redeemed transferred into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in Seoliens 2.03.07.(4)(8) and tejsubsections 2.03.07 4.d and e below. v. Prohibition on redemption transfer of fractional TOR credits and TOR Bonus credits. While fractional TOR credits and TOR Bonus credits may be created, as provided in (ii) above, TOR credits and TOR Bonus credits may only be redeemed transferred frem RFMU sending lands in increments of whole, not fractional, dwelling units. Consequently, fractional TOR credits and fractional TOR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands. vi. Prohibition on severance tr-ansfer of development rights. a) Neither TOR credits nor TOR Early Entry Bonus credits shall be generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TOR Early Entry Bonus credits associated with TOR credits severed from March 5, 2004, until [the effective date of this provision]. Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits may only be generated from those RFMU sending lands where a conservation easement or other similar development restriction on development was imposed in conjunction with the severance of TOR credits. b) Neither TOR credits nor any TOR Bonus credits shall be generated from RFMU sending lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. d. RedemDtion Transfor of TDRs de':elepmeRt ri€lt:lls from RFMU seRdiRlI laRds into non-rfmu reoeiving areas RFMU receivina areas. i. Redemption Transf.ers into urban areas. Page 5 of 44 Words struelt threHgh are deleted, words underlined are added a) Maximum density increase, In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element density Rating System, subject to the applicable provisions of Chapters 2 and 9 of this Code, and the following conditions: i) The project is 20 acres or less in size; ii) At time of development, the project will be served by central public water and sewer; ii) The property in question has no common site development plan in common with adjacent property; iv) There is no common ownership with any adjacent parcels; and v) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be derived transferreEl from RFMU sending lands and redeemed at Site Plan or prior to Plat recordation. b) Developments which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by redeemina transferring thai additional density derived from RFMU district Sending Lands. ii. Redemptions Transfers into the urban resiElontial fringo. Urban Residential Fringe shall be permitted exclusivelv throuah the use of TOR credits and TOR Bonus credits derived may be transferrod from RFMU sending lands located within one mile of the Urban Boundary into lands designatoEl Urban ResiElential Fringe to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling unit! per gross acre. e. RedemDtion Transfers from RFMll sending lands into RFMU receiving lands. i. Maximum density on RFMU receiving lands when TOR credits are redeemed transferred from RFMll sending 1amIs. a) The base residential density allowable shall be as provided in sections 2.03.08 A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a). b) The density achievable through the redemption transfer of TOR credits and TOR Bonus credits into RFMU receiving lands shall be as provided for Page 6 of 44 Words struek threHgh are deleted, words underlined are added in section 2,03.08 A.2.a.(2)(b)(i) outside of rural villages and sections 2.03.08 A.2.b.(3)(b) and 2.03.08 A.2.b.(3)(c)(i) inside of rural villages. iL Remainder uses after TOR credits are severed from RFMU sending lands. Where development rights have been severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. f, Procedures applicable to the severance and redemption transfer of TOR credits and the generation of TOR Bonus credits from RFMU sending lands. L General. Those developments that utilize such TOR credits or TOR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and ORis. a) The severance of TOR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in iLa) below has been submitted. However, those developments that utilize such TOR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and ORis. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. iL County maintained central TOR registry. In order to facilitate the County's monitoring and regulation of the TOR Program, the County shall serve as the central registry for at all TOR severances, transfers (sales) and redemptions Gredit and TOR 80AUS Gredits pllf.chases, sQles, and transfers, as well as maintain a public central listing of TOR credits Qnd TOR 80AUS Gredits available for sale aM alona with a Iistina of purchasers seeking TOR credits er TOR BOAUS Gredits. No TOR credit Qnd TDR BOAUS Gredit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) TOR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands. TOR credits shall be deemed to be severed from RFMU sending lands at such time as a TOR credit Certificate is obtained from the County aM recorded, TOR credit Certificates shall be issued only by the County and upon submission of the following: i) a legal description of the property from which the RFMU TOR credits originated, including the total acreage; ii) a title search, or other evidence sufficient to establish that, prior to the severance of the TOR credits from RFMU sending lands, Page 7 of 44 Words stmek throHgh are deleted, words underlined are added such sending lands were not subject to a conservation restriction or any other development restriction that prohibited residential development; iii) an executed Limitation of Development Riahts Aareement le€lal instrumont, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TOR credits as set forth in section 2.03.08 A.4.b.; and iv) a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU sending lands from which the TOR credits were generated and that the value of any such remuneration is at least $25,000 per TOR credit, unless such owner retains ownership of the TOR credits after they are severed, unless the RFMU or non- RFMU receiving lands on which the TOR credits will be redeemed utilizod and the RFMU sending lands from which the TOR credits were generated are owned by the same persons or entities or affiliated persons or entities; and v) a statement attesting that the TOR credits are not being severed from RFMU sending lands in violation of subsection 2.03.07(D)(4)(s)(iv)(b) DA.c.vi.b) of tI:Hs the Code. vi) documented evidence that, if the property from which TORs are being severed is subject to a mortgage, lien, or any other security interest; the mortgagee, lien holder, or holder of the security interest has consented to the recordation of the Limitation of Development Riahts Aareement sonservation easemont required for TOR severance: transfer (sale) of TOR credit: and redemDtion of TOR credit. b) TOR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TOR credit certificate reflecting the TOR Bonus credits is obtained from the County ana resoraed. 1) Early Entry Bonus credits. All TOR credit certificates issued by the County for the period from the effective date of this provision until three years after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each TOR credit or fractional TOR credit reflected on the TOR credit certificate. Where TOR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TOR credit certificate reflecting those previously severed TOR credits, issue a TOR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TOR credits. Page 8 of 44 Words struek thWHgh are deleted, words underlined are added 2) Environmental Restoration and Maintenance Bonus credit. A TOR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Any sending lands from which TOR credits have been severed may also be used for mitigation programs and associated mitigation activities and uses in conjunction with any county, state or federal permitting. Where the Environmental Restoration and Maintenance Credit is applied for sending lands that are also being used (title or easement) for mitigation for permits or approvals from the U.S. Army Corps of Engineers, U. S. Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, or the South Florida Water Management District, the County shall accept as the RMP for the sending mitigation lands, the restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit. A TOR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency. c) A PUD or DRI utilizing TOR credits or TOR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TOR credits and TOR Bonus credits needed for that phase portion of the development that is the subject of the site development plan or subdivision plati aR€l ii) a TOR transaction foe sufficient to defray Ine expenses of the Cal,jnty in administering the Central TOR Registry. d) The developer shall provide documentation of the acquisition of full ownership and control of all TOR credits needed for the development ana of recorealion af the TDR sredit certificates for all such TDR sredits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DR!. e) Each TOR credit shall have an individual and distinct tracking number, which shall be identified on the TOR certificate that reflects the TOR credit. Page 9 of 44 Words sImek IhreHgh are deleted, words underlined are added The county TOR Activity Loa r-egistry shall maintain an onaoina reeord af all TOR eredits, to inelude database dasignatian that cateaorizes all TOR credits-#lese relative to that have becm severance, transfer (sale) and redemption activitv expended. f) The sQounty bears no responsibility to provide notice to any person or entity holding a lien or other security interest in sending lands that TOR credits have been severed from the property or that an application for such severance has been filed. g) The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TOR credits have been severed from the property or that an application for such severance has been filed. g. Proportional utilization of TOR credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TOR credits shall be redeemed doemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TOR credits. All PUDs and ORis utilizing TOR credits shall require that the rate of TOR credit consumption be reported through the monitoring provisions of seotions 10.02.12 and 10,02.07(C)(1)(b) section 10.02.12 and subsection 10.02.07 C.1.b of this Code. * * . * . . * . * . . . E. Historical and Archaeological Sites "H". It is the intent of these regulations to recognize the importance and significance of the County's historical and archaeological heritage. To that end, it is the county's intent to protect, preserve, and perpetuate the County's historic and archaeological sites, districts, structures, buildings, and properties. Further, the BCC, finds that these regulations are necessary to protect the public interest, to halt illicit digging or excavation activities which could result in the destruction of prehistoric and historic archaeological sites, and to regulate the use of land in a manner which affords the maximum protection to historical and archaeological sites, districts, structures, buildings, and properties consistent with individual property rights. It is not the intent of this LDC to deny anyone the use of his property, but rather to regulate the use of such property in a manner which will ensure, to the greatest degree possible, that historic and archaeological sites, districts, structures, buildings, and properties are protected from damage, destruction, relocations, or exportations. 1. Areas for consideration for inclusion in areas of historical/archaeological probability shall have one (1) or more of the following characteristics: -t g. The area is associated with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric, or architectural history that have contributed to the pattern of history in the community, the County, the State of Florida, or the nation; or ~Q. The area is associated with the lives of persons significant in history; or d f. The area embodies the distinctive characteristics of a type, period, method, or materials of construction that possess high artistic value, quality of design craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of the County, the State of Florida, or the nation; or 4 g. The area was the location of historic or prehistoric activities Page \0 of44 Words slrHck tlLeHgh are deleted, words underlined are added including, but not limited to, habitation, religious, ceremonial, burial, or fortification during a particular period of time, which may maintain a sufficient degree of environmental integrity to reflect a significant aspect of the relationship of the site's original occupants to the environment; or 9 ~. The area is historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or e f. The area has yielded or is likely to yield information on local history or prehistory; or +- g. The area derives its primary significance from architectural or artistic distinction of historical importance; or 8 n. The area is the birthplace or grave of historical figure or is a cemetery which derives its primary significance from graves of persons of importance, from age, from distinctive design features, or from association with historic events; or 9 j. The area is the site of a building or structure removed from its original location which is significant for its architectural value, or is the sole surviving structure associated with historic period, person, or event; or W j. The area is a property primarily commemorative in intent, where design, age, tradition, or symbolic value has invested it with its own historical significance; or 44 .!s. The area is an area containing known archaeological sites that have not been assessed for significance but are likely to conform to the criteria for historicallarchaeological significance or areas where there is a high likelihood that unrecorded sites of potential historical/archaeological significance are present based on prehistoric settlement patterns and existing topographic features; or ~ ). The area is included in the National Register of Historic Places. 2. Aoolicabilitv durina deve/oDment review orocess: county oroiects: aariculture: waiver reauest. a. Aoolicabilitv. Applications for a specific development order as described in subsectionfsl 203.07 E.2.b throuah deemed adeauate for review which have been submitted prior to the adoption of this section are not reauired to meet the provisions outlined in the applicable subsection, However, subseauent applications for development orders as described in subsectionfsl 2.03.07 E.2.b. throuah k. shall complv with the reauirements of the applicable subsection. Subsections 2.03.07 E.2.b. throuah k. shall become effective upon the adoption, bv resolution. of the map of areas of historical/archaeoloaical probabilitv bv the board of countv commissioners. b. Develooment of reaional imoact (OR/). The application for development approval (ADA) for the proposed DRI shall include correspondence from the applicant to the Florida department of state, division of historic resources, indicatina that the DRI is in Collier County's desianated area of historical archaeoloaical probability. The ADA shall also include an historical archaeoloaical survev and assessment. if reauired bv the division of historic resources. The survev and assessment is subiect to review bv the Countv Manaaer or desianee, and recommendations shall be presented to the Collier Countv plannina commission and the board of countv Page 11 of 44 Words struek threHgh are deleted, words underlined are added commissioners for consideration for incorooration into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunitv to present its recommendations to the plannina commission and board of countv commissioners at their public hearinas. c. Reauests for land use chanae. Propertv under consideration for a rezone or conditional use which is within an area of historicallarchaeoloaical probability shall have an historical/archaeoloaical survev and assessment prepared bv a certified archaeoloaist to be submitted bv the applicant with the land use chanae reauest application and is subiect to review bv the Countv Manaaer or desianee. The Countv Manaaer or desianee's recommendations derived from the review of a survev and assessment submitted bv the applicant shall be presented to the Collier County plannina commission and the board of countv commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunitv to present its recommendations to the plannina commission and board of countv commissioners at their public hearinas. d. Buildina oermits. Buildina permits issued for new structures on propertv located within an area of historical/archaeoloaical probabilitv shall be accompanied by a notice that indicates the propertv is within the area of historicall archaeoloaical probabilitv. The notice shall describe the potential for historical and archaeoloaical sites, structures, artifacts, or buildinas, and shall encouraae the preservation of such sites, provide reference to applicable state and local laws. and provide reference reaardina whom to contact in the event an historical/archaeoloaical site, structure, artifact or buildina is discovered. e. Preliminarv subdivision olat. Submittal for a preliminarv subdivision plat within an area of historical/archaeoloaical probabilitv but not subiect to subsections b throuah c shall include a historicallarchaeoloaical survey and assessment prepared by a certified archaeoloaist. The preservation board shall review the recommendations derived from the survev and assessment and submit their recommendations to the Collier Countv Board of County Commissioners for consideration for incorporation into the local development order. f Final subdivision olat or site develooment olan (SOP). Submittal for a final subdivision plat. includina construction documents or site development plan (SOP) within an area of historical/archaeoloaical probabilitv but not subiect to subsections b, c, or e of this section shall include a historical/archaeoloaical survey and assessment prepared bv a certified archaeoloaist. The preservation board shall review the recommendations derived from the survev and assessment which shall be incorporated into the final subdivision plat and construction document. a. Reserved. h. Countv oroiects. Countv-sponsored proiects, which are located within an area of historical/archaeoloaical probabilitv shall have an historicallarchaeoloaical survey and assessment prepared bv a certified archaeoloa ist. The countv shall complv with all recommendations outlined in Page 12 of 44 Words stmek tHrough are deleted, words underlined are added the historical/archaeoloqical survev and assessment. A copv of the historical! archaeoloaical survev and assessment shall be provided to the preservation board members. i. AGricultural lands. Owners of aaricultural land within an area of historical! archaeoloaical probabilitv filina a notice of commencement application for active aaricultural production shall be notified in writina bv development services staff that the land is in an area of historical/archaeoloaical probabilitv and that an historical/archaeoloaical survev and assessment prepared by certified archaeoloaist is reauired. The Countv Manaaer or desianee shall not issue a notice of commencement until the historical!archaeoloaical survev and assessment has been completed. The property owner shall adhere to all recommendations provided bv the historical!archaeoloaical survey and assessment. I. Waiver reauest. Properties located within an area of historical/archaeoloaical probabilitv with low potential for historical!archaeoloQical sites mav petition the County Manaaer or desianee to waive the reauirement for an historical/archaeoloaical survev and assessment. The waiver application shall be in a form provided bv the communitv development services division. The Countv Manaaer or desianee shall review and act upon the waiver reauest within five workina days of receivina the application. The waiver reauest shall adeauately demonstrate that the area has low potential for historical!archaeoloaical sites. Justification shall include, but not be limited to, an aerial photoaraph interpretation, a description of historical and existina land uses, and an analysis of land cover, land formation, and veaetation. The Countv Manaaer or desianee mav denv a waiver, arant the waiver, or arant the waiver with conditions. He shall be authorized to reauire examination of the site bv an accredited archaeoloqist where deemed appropriate. The applicant shall bear the cost of such an evaluation by an independent accredited archaeoloaist. The decision of the County Manaaer or desianee reaardina the waiver reauest shall be provided to the applicant in writina. In the event of a denial of the waiver reauest. written notice shall be provided statina the reasons for such denial. Anv party aaarieved bv a decision of the Countv Manaaer or desiqnee reaardina a waiver reauest mav appeal to the preservation board. Any partv aaqrieved bv a decision if the preservation board reaardina a waiver reauest mav appeal that decision to the board of countv commissioners utilizina the procedure outlined in section k. k, Previouslv comoleted survev and assessments. A survev and assessment completed bv a certified archaeoloaist prior to the enactment of this section which is in accordance with the survev and assessment reauirements outlined in section m may at the discretion of the property owner be utilized to meet the reauirements of this section. The survev and assessment shall be provided to the Countv Manaaer or desianee and shall be subiect to the procedure as outlined in section a throuah section i above. I. Historical/archaeoloGical survev and assessment comoonents. Historical/archaeoloaical survevs and assessments reauired bv this section shall be consistent with accepted professional procedures and practices as outlined in the historic preservation compliance review proaram of the Florida Department of State, Division of Historical Resources: and Standards and Guidelines for Page 13 of44 Words stmek throHgn are deleted, words underlined are added ArchaeoloGY and Historic Preservation (48 FR 44716) Subsections m and n shall become effective upon the adoption, bv resolution, of the map of areas of historical/archaeoloaical probability by the board of countv commissioners. m.. Survev and assessment comoonents. Survevs and assessments shall include at a minimum: I. Title paae: il. Table of contents: iil. Report, title and authors: iv. Statement of aualification for each author: v. Description of the proiect location in terms of aeoloaic and phvsioaraphic features, the environment. and land use historv: vI. Description of field and laboratory methodoloav: viI. Description of sites located: a) Sianificance determination: viiI. Recommendations as to further assessment work, site preservation, or mitiaation: ix. Appendices: a) Florida Master Site File forms. n. Sianificance determination. A sianificance determination of specific sites as reauired by subsection m, item viI. a. of this section shall be based on National Reaister of Historic Places eliaibilitv criteria, as follows: I. The aualitv or sionificance in American historv, architecture, archaeoloav, enaineerina and culture is present in districts, sites, buildinas, structures and proiects that possess intearitv of location, desian, settina, materials, workmanship: and il. That are associated with events that have made a sianificant contribution to the broad patterns of our historv: or iil. That are associated with the lives of persons sianificant in our past: or iv. That embodv the distinctive characteristics of a tvpe. period or method of a tvpe, period, or method of construction, or that represent the work of a master, or that possess hiah artistic values, or that represent a sianificant and distinauishable entitv whose components mav lack individual distinction: Q1. v. That have yielded, or may be likely to vield, information important in prehistorv or historv: or vI. In addition, the importance of historical/archaeoloaical resources to local. county, and state historv or prehistorv shall be considered in a sianificance determination. Page 14 of 44 Words slrHek IhroHgh are deleted, words underlined are added o. Desianation of historical/archaeoloaical sites. structures, districts, buildinas and orooerties. P. In addition to the areas of historical/archaeoloaical probabilitv outlined in subsection 2.03.07 E.1.. specific sites, districts, structures, buildinas. and properties mav also be desianated. Such desianation will be based on the followina criteria: i. Association with distinctive elements of the cultural. social, ethnic, political. economic, scientific, reliaious, prehistoric and architectural historv that have contributed to the pattern of historv in the communitv, Collier Countv, the state or the nation: or ii. Association with the lives of persons sianificant in historv: or iii. Embodiment of the distinctive characteristics of a type, period, method or materials of construction, or that possess hiah artistic values, aualitv of desian and craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of Collier County, Florida: or iv. Location of historic or prehistoric activities such as habitation, reliaious, ceremonial. burial. fortification, etc.. durina a particular period of time, and mav maintain a sufficient dearee of environmental intearitv to reflect some aspect of the relationship of the site's oriainal occupants to the environment: or v. An historic or prehistoric site which has been severelv disturbed but which mav still allow useful and representative data to be recovered: or vi. Have vielded or are likelv to vield information on local historv or prehistorv: or vii. Derive their primarv sianificance from architectural or artistic distinction of historical importance: or viii. Is the birthplace or arave of an historical fiaure or is a cemeterv which derives its primary sianificance from araves of persons of transcendent importance, from aae, distinctive desian features, or from association with historic events: or ix. A buildina or structure removed from its location which is primarily sianificant for architectural value, or is the survivina structure most importantlv associated with an historic period, person or event: or x. A propertv primarily commemorative in intent if desian, aae, tradition or symbolic value has invested it with its own historical sianificance: or xi. Are listed in the National Reaister of Historic Places. a. The desianation of specific sites, structures, buildinas, districts, and properties mav be initiated bv the preservation board or by the propertv owner. Upon consideration of the preservation board's report. findinQs, and recommendations and upon consideration of the criteria and auidelines set forth in section Page 15 of44 Words strHek tILeHgh are deleted, words underlined are added 203.07 E , the Board of County Commissioners shall approve, bv resolution, or denv a petition for historic desianation, The application shall be in a form provided bv the Countv Manaaer or desianee. Propertv owners of record whose land is under consideration for desianation initiated bv the preservation board shall be provided two notices bv certified mail return receipt reauested, at least 30 davs but no more than 45 davs prior to anv hearina reaardina the historic desianation by the preservation board or the board of countv commissioners. The first notice shall provide all pertinent information reaardina the desianation and the preservation board's scheduled meetina date to consider the site. The second notice shall indicate when the board of county commissioners will consider official desianation of the site. Notice of public hearina shall be advertised in a newspaper of aeneral circulation 15 davs prior to the public hearina for the Board of County Commissioners. Each desianated site, district. structure, propertv or buildina shall have a data file maintained bv the preservation board. The file shall contain at a minimum: site location: the historical. cultural. or archaeoloaical sianificance of the site: and the specific criteria from this section aualifvina the site. An official listina of all sites and properties throuahout Collier Countv that reflect the prehistoric occupation and historical development of Collier Countv and its communities, includina information, maps, documents and photoaraphic evidence collected to evaluate or substantiate the desianation of a particular site, structure, buildina, propertv or district shall be maintained at the Collier Countv Museum. The Collier Countv Museum shall coordinate preservation and or restoration efforts for any historical/archaeoloaical desianated buildina, structure, site, propertv. or district that is donated to or acauired bv Collier Countv for public use. r. Issuance of certificates of appropriateness. A certificate of appropriateness shall be issued bv the preservation board for sites desianated in accordance with subsection p before issuance of permits bv the countv to alter, excavate, relocate, reconstruct or demolish. The certificate of appropriateness shall be issued prior to the issuance of buildina, tree removal. or demolition permits. s. A certificate of appropriateness shall also be issued prior to the issuance of buildina permits for new construction within an historicallarchaeoloqical district desianated in accordance with subsection 2. P. to ensure harmonious architectural desian and to preserve the intearity of the historical/archaeoloaical district. t. The application for certificate of appropriateness shall be in a form provided bv the community development services division. The completed application shall be provided to the Countv Manaaer 20 davs prior to the reaular monthlv meetina of the preservation board who shall schedule the application for consideration at the next reqularlv scheduled meetina. The preservation board shall meet and act upon an application for a certificate of appropriateness within 60 davs of receipt of the application from the communitv development services division. The preservation board shall approve the application, denv the application. or approve the application with conditions. u. Ordinarv repairs and maintenance as defined in section 1.08.02 are not reauired to obtain a certificate of appropriateness. Page 16 of44 Words stmek threHgh are deleted, words underlined are added v. Criteria for issuance of a certificate of appropriateness shall be the U.S. Secretarv of the Interior's Standards for Rehabilitation, 36 CFR 67 (1983). as amended. The communitv development services division shall maintain and make available to the public updated copies of the Standards for Rehabilitation. w. All decisions of the preservation board shall be in writina and include findinas of fact. Notice of the decision shall be provided to the applicant. and to the Countv Manaaer or desianee. X. Anv partv aaarieved bv a decision of the preservation board mav appeal the decision as outlined in subsection 99-. v. Incentives. The followina incentives mav be applicable to specific sites, structures, districts, buildinas and properties desianated as archaeoloaically or historicallv sianificant pursuant to section o. z. Financial assistance. Historical/archaeoloaical desianated sites, districts, structures, buildinas. and properties as provided in section p shall be eliaible for anv financial assistance set aside for historic preservation proiects bv the State of Florida or the federal aovernment. provided thev meet the reauirements of those financial assistance proarams. aa. Tax credits. The preservation board shall encouraae and assist in the nomination of eliaible income-producina properties to the National Reaister of Historic Places in order to make available to those propertv owners the investment tax credits for certified rehabilitations pursuant to the Tax Reform Act of 1986 and anv other proarams offered throuah the National Reaister. bb. Buildina code. Historical/archaeoloaical sites, districts, structures, buildinas, and properties desianated pursuant to subsection 0 may be eliaible for administrative variances or other forms of relief from applicable buildina codes as follows: cc. Repairs and alterations. Repairs, alterations and additions necessarv for the preservation, restoration, rehabilitation or continued use of a buildina or structure mav be made without conformance to the technical reauirements of the Standard Buildina Code when the proposed work has been issued a certificate of appropriateness bv the preservation board and approved bv the Countv Manaaer or desianee, pursuant to the authoritv aranted to the County Manaaer or desianee bv other divisions or statutes and further provided that: i. The restored buildino will be no more hazardous based on consideration of life, fire and sanitation safetv than it was in its oriainal condition. ii. Plans and specifications are sealed bv a Florida reaistered architect or enaineer, if reauired bv the buildina official. iii. The Countv ManaQer or desiQnee has required the minimum necessarv correction to be made before use and occupancy which will be in the public interest of health, safetv and welfare, Page 17 of44 Words stmek tHF8Hgh are deleted, words underlined are added dd. Zoninq ordinance. The County Manaaer or desianee may, bv written administrative decision, approve anv variance reauest for anv desianated historical/archaeoloaical site, district. structure. buildina and propertv pursuant to section a which has received a certificate of appropriateness from the preservation board for matters involvina setbacks, lot width. depth, area reauirements. land development reaulations, heiaht limitations, open space reauirements, parkina reauirements, and other similar zonina variances not related to a chanae in use of the property in auestion. In addition, contributina proiects as defined in section 1.08.02 are eliaible for administrative zonina ordinance variances. i. Before arantina an administrative variance the Countv Manaaer or desianee must find: a) That the variance will be in harmonv with the aeneral appearance and character of the communitv. b) That the variance will not be iniurious to the area involved or otherwise detrimental to the public health, safetv or welfare. c) That the proposed work is desianed and arranaed on the site in a manner that minimizes visual impact on the adiacent properties. ii. In arantina anv variances, the Countv Manaaer or desianee mav prescribe anv appropriate conditions necessarv to protect and further the interest of the area and abuttina properties, includina but not limited to: a) Landscape materials, walls and fences as reauired bufferina. b) Modifications to the orientation of points of inaress and earess. c) Modifications of site desian features, ee. Open space. Historicallarchaeoloaical resources that are to be preserved mav be utilized to satisfv reauired setbacks, buffer strips or open space UP to the maximum area reauired bv development reaulations. Conservation of such historic or archaeoloaical resources shall aualifv for anv open space reauirements mandated bv the development reaulations. ff. Densitv calculations. Acreaae associated with historical/archaeoloaical resources preserved within the boundaries of a proiect shall be included in calculatina the proiect's permitted density aa, Appeal. Anv partv aaarieved bv a decision or interpretation of this division made bv the Countv Manaaer or the preservation board shall have the riaht to appeal said interpretation, decision or denial to the Board of County Commissioners bv filina a written notice of appeal with the Countv Manaaer within 30 workina davs from the date of such decision, interpretation. or denial. The Countv Manaaer shall provide the Board of Countv Commissioners with a copv of said notice of appeal. The notice of appeal shall be provided to the applicant bv certified mail. return receipt reauested, and shall state the decision which is Page 18 of44 Words strHek IhfeHgh are deleted, words underlined are added beina appealed, the arounds for the aooeal. and a brief summarv of the relief which is souaht. Within 30 workina davs of the date of filina the appeal. or the first reaular countv commission meetina which is scheduled, whichever is latest in time, the Board of Countv Commissioners shall hear the appeal and issue a final decision. Nothina contained herein shall preclude the countv commissioners from seekina additional information prior to renderina a final decision.. hh. Reserved. ii. Discoverv or accidental disturbance of historical/archaeoloaical sites and proDerties durina construction. If, durina the course of site c1earina, excavation or other construction activitv, an historic or archaeoloaical artifact. or other indicator is found, all development within the minimum area necessarv to protect the discoverv shall be immediatelv stopped and the followina procedures shall be followed: a) The Countv Manaaer or desianee and code enforcement shall be contacted. b) The Countv Manaaer or desianee shall officiallv notifv the propertv ownerldeveloper of the discovery within 24 hours and shall issue a stop work order. c) A certified archaeoloaist contracted bv the propertv owner/developer shall determine whether the discoverv site reauires further investiaation based upon the size and distribution of this site, depth of deposits, soil tvpe, veaetation, and topoaraphv. i) If the site reauires further investiaation, the certified archaeoloaist shall cordon off the identified area, at a point ten feet from the perimeter of the discoverv site. ii) If the discoverv site does not reauire further investiaation, construction activity mav resume after authorization bv a certified archaeoloaist. d) The certified archaeoloaist shall make recommendations for the treatment of accidental discoveries based on standards outlined in the 'Treatment of Archaeoloaical Properties" in accordance with 36 CFR part 800, as amended. These recommendations shall be considered for incorporation into the applicable local development order. e) The certified archaeoloaist shall expeditiously assess the cordoned-off area and determine whether it is sianificant based on criteria outlined in section n. i) If the identified area is determined to be sianificant. an historical/ archaeoloaical survev and assessment shall be prepared bv a certified archaeoloaist for the entire proiect if one has not been completed as reauired bv this division. The certified archaeoloaist's recommendations derived from his survev and assessment shall be considered for incorporation into the Page 19 of44 Words SlrHek throHgh are deleted, words underlined are added applicable local development order. If an historical/archaeoloQical survev and assessment has been prepared in accordance with section m and section n, the recommendations shall be modified and incorporated into the local development order to reflect the additional site(s). iO If the identified area is determined not to be sianificanl. a preliminarv survev of the entire proiect shall be conducted bv a certified archaeoloaist. Anv sites determined to be sianificant durina the preliminarv survev shall be subiect to reauirements in section E. Construction activitv within the cordoned- off area mav continue after all necessarv artifacts and indicators have been recorded and upon authorization bv a certified archaeoloaist. fl The certified archaeoloaist shall prepare a report outlinina the results of his assessment and provide a copv to the Countv Manaaer or desianee, The Countv Manaaer or desianee shall provide a copv of the report to the preservation board members. 0) Land areas in close proximitv to the discoverv site deemed to have historical/archaeoloaical sianificance based on the criteria in section n shall be considered bv the preservation board for addition to the map of areas of historical/archaeoloaical probabilitv. ii. Discoverv of historical or archeoloaical sites and properties durina site inspection. If, durina a proiect review site inspection. an historic or archaeoloaical site, sianificant artifact. or other indicator is found, the followina procedures shall be implemented. r. The proiect review staff shall cordon off the immediate area and contact the Countv Manaaer or desianee. ii. The identified area shall be further cordoned off at a point ten feet from the perimeter of the discoverv site as identified bv a certified archaeoloaist. contracted bv the propertv owner/developer. ili. The certified archaeoloaist shall assess the identified area and determine whether it is sianificant based on criteria outlined in subsection n. a) If the identified area is determined to be sianificanl. an historical/ archaeoloaical survev and assessment for the entire proiect shall be prepared bv a certified archaeoloaist if one has not been completed as reauired bv this division. Recommendations derived from the historical/archaeoloaical survev and assessment shall be considered for incorporation into the applicable development order. If an historical/archaeoloaical survev and assessment has been prepared in accordance with section E, the recommendations shall be modified and Page 20 of 44 Words stmek threHgh are deleted, words underlined are added incorporated into the local develooment order to reflect the additional areas. b) If the identified area is determined not to be sianificant. the certified archaeoloaist shall complete a preliminarv survey of the entire site. Anv areas determined to be sianificant durina the preliminarv survev shall be subiect to the reauirements detailed in section iL item iiLa. IV, Land areas in close proximitv and encompassina areas deemed to have historical/archaeoloaical sianificance based on criteria in subsection n shall be considered bv the preservation board for addition to the map of areas of historical/archaeoloaical probability. v. The certified archaeoloaist shall prepare a report outlinina the results of his assessment and provide a copv to the Countv Manaaer or desianee. The Countv Manaaer or desianee shall provide a copv of the report to the preservation board members. kk. Willful disturbance of historical/archaeolooicallv sionificant sites, districts. structures, buildinas, and properties. Willful lootina, pillaaina. vandalizina or desecration, as defined by this division. of historical/archaeoloaically sianificant sites, districts, structures, buildinas, and properties constitutes a violation punishable as described in subsection 00. II. Willful disturbance of an unmarked burial or burial site. It is a violation of section E for anv person to willfullv and knowinalv disturb an unmarked burial or burial site, or destroy, mutilate, deface, iniure or remove anv burial mound, earthen or shell monument containina human skeletal remains or associated burial artifacts or other structures or items placed or desianed for a memorial. or to disturb the contents of a tomb or arave or for anv person to have knowledae that an unmarked human burial is beina disturbed, vandalized, or damaaed and to fail to notifv the local law enforcement aaencv with iurisdiction in the area. Such actions may also be punishable as a felonv pursuant to F.S. ch. 872, as amended. mm. Appeals. Anv partv aaarieved bv a decision or interpretation of this reaulation made bv the Countv Manaaer or the preservation hoard shall have the riaht to appeal said interpretation, decision or denial to the Board of Countv Commissioners bv filina a written notice of appeal with the County Manaaer within 30 workina davs from the date of such decision, interpretation, or denial. The Countv Manaaer shall provide the Board of Countv Commissioners with a copv of said notice of appeal. The notice of appeal shall be provided to the applicant bv certified mail. return receipt reauested, and shall state the decision which is beina appealed, the arounds for the appeal. and a brief summarv of the relief which is souaht. Within 30 workina davs of the date of fHina the appeal. or the first reaular countv commission meetina which is scheduled, whichever is latest in time, the Board of Countv Commissioners shall hear the appeal and issue a final decision. Nothina contained herein shall preclude the county commissioners from seekina additional information prior to renderina a final decision. Page 21 of 44 Words struek threHgh are deleted, words underlined are added nn. Jurisdiction. Section E shall applv to all unincorporated areas of Collier Countv, Florida. 00. Penalties. A violation of the provisions of section E shall constitute a misdemeanor and shall be prosecuted in the name of the state in the countv court bv the prosecutina attorney, and upon conviction shall be punishable bv civil or criminal penalties includina a fine of not more than $500.00 per violation per day for each day the violation continues or whatever reasonable amount as a iudae mav feel appropriate and includina a reauirement that any work or development performed contrarv to section E must be removed and the propertv returned to its condition at commencement of said action. The Board of Countv Commissioners shall have the power to collaterallv enforce the provisions of section E bv appropriate iudicial writ or proceedina notwithstandina any prosecution as a misdemeanor. State law reference-Penaltv for ordinance violations, F.S. & 125.69. (Ord, No. 92-73, & 2; Ord. No, 94-58. & 3,10-21-94) . . * . * . . . . . . * H. Santa Barbara Commercial Overlay District "SBCO". Special conditions for properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. . . . * . . . . . . . . 4. These regulations apply to properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W" lying north of 27th Court S.w. and south of 22nd Place S.w., all in Golden Gate City, and consisting of approximately twentv-two (22) eleven (11) acres. These properties are identified on Map 7 of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required or allowed in the underlying zoning categories. . . * * * * * . . . . . N. Gateway Triangle Mixed Use Overlay District. Special conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series, . . . . . . . . . . . . 5. Gateway Triangle Mixed Use District (GTMUD) Subdistricts. . . . . . . . . . . . . c. Mixed Use Activity Center Subdistrict. Portions of the Gateway Triangle Mixed Use District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Development e;tanaaras in the activity center is are governed by r-e(1lJiromenle; of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.35 of this Code. . . . . . . . . . . . . Page 22 of 44 Words struek through are deleted, words underlined are added SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts . . . . . . . . . . . . A. Rural Fringe Mixed-Use District (RFMU District). . . . . . . . . . . . . 3. Neutral lands. Neutral lands have been identified for limited semi-rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: . . . . . . * . . . . . a. Allowable uses. The following uses are permitted as of right: . . . . . . . . . . . . (3) Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. (a) Zoo, aquarium, botanical garden, or other similar uses. * . . . . . . . . . . . (h) Facilities for the collection, transfer, processing, and reduction of solid waste. . . . * . . . . . . . . (I) Faoilities for the oolleGtion, f3roeessing, and reduetien of solid transfer, 'Nasto. . . . . . * . * . . . . SUBSECTION 3.D. AMENDMENTS TO SECTION 3.02.03 APPLICABILITY Section 3.02.03 Applicability, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.03 Applicability This section shall apply to all areas of special flood hazard in the unincorporated area of the County, and identified by the Federal Insurance Administration in its flood insurance rate map (FIRM), dated June J, Hl!l6 November 17, 2005, and any revisions thereto. SUBSECTION 3.E. AMENDMENTS TO SECTION 3.02.05 BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD Page 23 of 44 Words slm.l, IhreHgh are deleted, words underlined are added Section 3.02.05 Basis for Establishing the Areas of Special Flood Hazard, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.02.05 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard, are identified by the Federal Insurance Administration, in a scientific and engineering report entitled "The flood insurance study" for the County's unincorporated area, dated June 3, 1986, with accompanying FIRM, dated June d, 198€! November 17, 2005. The flood insurance study and accompanying FIRM shall be on file and be open for public inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse, 3301 Tamiami Trail, East, Naples, Florida ddB€!2 34112. . . . . . . * . . . . . SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. 1. The preservation of native vegetation shall include canopy, under- story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. 2. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, SUbject to the requirements of section 3.05.07 H. Single family residences are exempt from the requirements of section 3.05.07 H. 3. Native veaetation to be retained as Ppreserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.: a. Wetland or upland Aareas known to be utilized by listed species or that serve as corridors for the movement of wildlife; !;L Xeric Scrub, Dune and Strand, Hardwood Hammocks: fa. Onsite wetlands having an accepted functionalitv WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; gc. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; d. listeE!l'llant and animal sl'lcaies habitats; c. Xeric Ssrub; f. Dune anE! StranE!, HarE!'....aoE! Hammocks; ~lJ. Dry Prairie, Pine Flatwoods; and fll. All other ul'llanE! native habitats. i. E)dsting native 'iegetatien 10Gated sontigueus to a natural Page 24 of 44 Words stmek thfeHgh are deleted, words underlined are added reservatieA, 4. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. 5. To the greatest extent possible, native vegetation, in quantities and types set forth in section 4.06.00, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.15 SAME--DEVELOPMENT IN THE SBCO DISTRICT Section 4.02.15 Same--Development in the SBCO District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.15 Same--Development in the SBCO District A. The standards described in this section shall apply to all uses in this overlay district. . . . . . . . . . . . . 2. Existing residential uses must cease to exist no later than seven tefl years after the effective date of the adoption of the amended Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan (Januarv 11. 2005) (/\pril 19, ~, This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this district, within one additional year. This requirement to cease existing residential uses does not apply to dwelling units which 'IIore owner-occupied dwellina units as of /\priI19, 1999. . . . . . . . . . * . * * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 5.06.02 PERMITTED SIGNS Section 5.06.02 Permitted Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.02 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 1. Development standards. a. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W, or easement to the uppermost portion of the sign structure. b. Minimum setback. All signs within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located Page 25 of 44 Words strusk IhreHgh are deleted, words underlined are added closer than ten feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. as determined by the county for safety and operation. 2, Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following. a. One ground sign with a maximum height of six feet or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right-of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) b. One ground sign with a maximum height of eight feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) c. One pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. (Buildina permit reauired. ) d, Real estate signs shall not be located closer than ten feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. e. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home. f. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. ~ Temporarv Open House Sians. ~ Off-premises open house sians. 1. Sians mav only be displayed on supervised open house days, between the hours of 10:00 a.m. and 5:00 p.m. No flaas, pennants, balloons, or other attention type devices may be used with such sians and thev shall not be liahted or illuminated in anv manner. iL. One sian mav be placed in the public riaht-of-wav abuttina the subiect propertv no closer than 10 feet from the edae of the road. (No buildina or riaht- of-way permit reauired.) iii. Two sians mav be placed within the public riaht- of-wav providina direction to a supervised open Page 26 of 44 Words stmek threHgn are deleted, words underlined are added house that is available for immediate viewina and examination bv prospective buvers, renters, andlor lessees. Such silins shall be located no closer than 100 feet from another silln providina direction. (No buildinll or rillht-of-wav permit reauired.) iv. Silins shall not exceed 4 sauare feet in copv area and 4 feet in heiaht: however. anv such sian placed at an intersection mav not exceed 29 inches in heiaht as per section 6.05.05 of this Code. 'L. Silins mav be placed in the riaht-of-wav no closer than 10 feet from the edae of the road and shall not interfere with the visibilitv of pedestrians or motorists. Additionallv, sians shall not be located within anv median. vi. Each sian must bear the name of the real estate brokeraae firm, or the propertv owner's name if bv owner, and the local telephone number where thev can be contacted. vii. Sian Removal. Retrieval. and Disposal. Off- premises open house sians shall be prohibited except as specified above. Anv such sian found to be in violation of this section shall be removed bv the Countv Manaaer or desianee. All such removed sians are subiect to disposal bv the Countv. This section shall not inhibit nor prevent anv other enforcement actions that mav be deemed appropriate, J ~. Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in height and 32 square feet in size. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. (No building permit required.) 4,2, Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: a. One ground sign with a maximum height of six feet or wall sign, with a maximum of four square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) b. One ground sign with a maximum height of eight feet or wall sign, with a maximum of 12 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acres in size. (No building permit required.) c, One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of ten acres in size. d. One ground or wall sign, with a maximum of four square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required.) Page 27 of 44 Words stmek IllrOHgh are deleted, words underlined are added e. Advertising of any kind is not permitted on construction signs. a 2.. Residential directional or identification signs. Directional or identification signs no greater than four square feet in size, and located internal to the subdivision or development may be allowed subject to the approval of the County Manager or his designee, or his designee. Such signs shall only be used to identify the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc. These signs may be clustered together to constitute a sign with a maximum area of 24 square feet and a maximum height of eight feet. Such clustered signs shall require a building permit. For signage to be located along the Golden Gate Parkway see section 2.03.07. e I. On-premises signs within residential districts. Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a ten-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premise signs. Bridge signs complying with the requirements of section 5.06.02 may be substituted for ground or wall signs in residential districts. b. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. c. Logos without any verbal content and similar architectural features less than ten square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than ten feet to any sign, then it should be considered an integral part of the sign and shall be subject to the restrictions of this section. +- ~. Conditional uses within the residential and agricultural districts. a. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet. Corner lots are permitted two such wall signs. b. Conditional uses within the agricultural district in the urban area, residential and estates districts with a street frontage of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground sign with a maximum height of eight feet and a maximum area of 32 square feet. c, Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. (No building permit required.) d. The board of county commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. . . . . . . . . . * * SUBSECTION 3.1. AMENDMENTS TO SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS Page 28 of 44 Words stFUelc threHgh are deleted, words underlined are added Section 5.06.04 Sign Standards for Specific Situations, of Ordinance 04.41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.04 Sign Standards for Specific Situations . . . . . . . . . . . . C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non residentially zoned districts subject to the restrictions below: . . . . . . . . . . . . 12. Temporary signs. A permit is required to erect a The ere61ion of aflJ' temporary sign shall requiro permitting as estaelished as set forth in section 10.02.06 G. unless otherwise indisated provided herein, Applicants for temporary sign permits shall pay the minimum fee established for sai€I a temporarv sian permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. a. Political signs. Political campaign signs ana posters shall be permitted subject to the following requirements: . . . . . . * . . . . . vi. Political signs shall not be erected not more Ihan 48 calendar days prior to an olestion or politisal El\IeAl;- until the close date of the aualifvina period as set forth in Section 99.061, Florida Statutes as it mav be amended and shall be removed within 5eVefI Z calendar days after termination of candidacv due to withdrawal. elimination, or election to the office or after the elostion, event, or after tho sampaign approval or reiection of the issue has occurred. been dosiaed. * * * * * * * * * * * * SUBSECTION 3.J. AMENDMENTS TO SECTION 5.06.05 SIGNS EXEMPT FROM THESE REGULATIONS Section 5.06.05 Signs Exempt from These Regulations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.05 Signs Exempt from These Regulations In addition to those signs identified elsewhere in this Code, the following signs are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.04 C.13. of this Code. C. One identification sign, professional nameplate, or occupational sign for each professional office, or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or specialty and/or the street address of the premise. Page 29 of 44 Words stfHsl, tlLeHgh are deleted, words underlined are added . . . . . . . . . . . H. One on J)romises sign not to OlU::eeEl four square foot in sizo. Such sign shall not ee lecated within ten feot of any J)roJ)erty liRe, right of way or easement. Temporarv open house sians (see subsection 5.06.02 A. 3.). . . . * . . . . . * . . X. Littoral Shelf Plantina Area sians, provided such sians do not violate section 3.05.10 A.6 of this Code. Y. Preserve Sians, provided such sians do not violate subsection 3.05.04 G of this Code. * . . . . . . . . . . SUBSECTION 3.K. AMENDMENTS TO SECTION 5.06.06 PROHIBITED SIGNS Section 5.06.06 Prohibited Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. . . . . . . . . . . . . X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, county transit vehicles providina directional or route information, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle andlor trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. . . . . . . . . . * . . SUBSECTION 3.L. AMENDMENTS TO SECTION 6.02.01 GENERALLY Section 6.02.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.02.01 Generally A. This section is intended to implement and be consistent with the GMP, S 163.3161 et seq., F,S., and the Florida Administrative Code, by ensuring that all development in the County is served by adequate public facilities. This objective is accomplished by the following: Page 30 of 44 Words sImek thfOHgh are deleted, words underlined are added 1. Establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to serve development. 2. Establishing a regulatory program that ensures that each public facility is available to serve development concurrent with the impacts of development on the public facilities. 3. No approval of the final subdivision plat, improvement plans, or authorization to proceed with construction activities in compliance with the same shall require the County to issue a development order or building permit if it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the GMP, or if issuance of said development order or building permit is inconsistent with the GMP. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County requirements for adequate public facilities. 8. Procedures for determinations of vested rights for adequate public facilities are set forth in Chapter 10. C. Procedures for applications for certificates of public facility adequacy are set forth in Chapter 10. D. For the purposes of this section only, the following terms are defined as follows: 1. Capital access means the planning of, engineering for, acquisition of land for, or the construction of drainage and water management facilities necessary for proposed development to meet the (LOS) for access. 2. Capital drainaae facilities: The plannina of, enaineerina for, acauisition of land for, or the construction of drainaae and water manaaement facilities necessarv for proposed development to meet the LOS for drainaae facilities. ~~. Capital road facilities or capital road improvement means and will include transportation planning for, engineering of, right-of-way acquisition for, and construction of any project eligible for inclusion as a road project in the road component of the (CIE) of the GMP or the Five-Year FOOT Work Program. d1. Capital potable water facilities mean the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for potable water facilities. 4~, Capital sanitary sewer facilities mean the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. &Q. Capital solid waste facilities mean the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for solid waste facilities. ez' Comprehensive plan means a plan that meets the requirement of SS 163.3177 and 163.3178, F.S., and shall mean the GMP, where referenced in this section. +.e.. Constrained facilities are those road facilities which have been so designated by action of the BCC upon the recommendation of the County Manger or designee once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints, alt. Physical constraints exist when intensive land use development is immediately adjacent to existing through lanes making road facility expansion cost prohibitive, or when a road facility has reached the maximum through lane standards acceptable the to the county. For Page 31 of44 Words SlrHel( IhreHgh are deleted, words underlined are added county maintained facilities, the maximum through lane standard for a road facility will be no greater than six through lanes with allowances for auxiliary or service lanes as deemed operationally necessary. For state maintained facilities, the maximum through lane standard will be as designated by the FOOT. 910. Environmental and policy constraints exist when decisions are made not to expand a road facility based on environmental, historical, archeological, aesthetic or social impact considerations. Policy constraints are artificial barriers to road facility expansions based on environmental or political realities within a community. Unlike physical constraints, however, these barriers to road facility expansion can change over time, as needs and community goals change. -'Hlll, Deficient road segment means a county or state road segment on the major road network system that is operating below its adopted (LOS) standard as determined by roadway service volumes calculated by the County Manager or designee. 4412, Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated from proposed developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new development to be approved, in whole or part, as proposed development plans are submitted. ~13. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non-automotive transportation alternatives. . . . * . . . . . . * . SUBSECTION 3.M. AMENDMENTS TO SECTION 6.02.04 DRAINAGE FACILITY LEVEL OF SERVICE REQUIREMENTS Section 6.02.04 Drainage Facility Level of Service Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.02.04 Drainage Facility Level of Service Requirements A. The LOS for capital assess drainaae facilities varies among new or existing capital assess drainaae facilities owned or operated by a local government or other public entity, existing capital assess drainaae facilities owned or operated by private persons, and new capital drainaae facilities owned or operated by private persons. 1. For those capital assess drainaae facilities (publicly or privately owned) that are in existence on the effective date of this section and for those new capital assess drainaae facility owned or operated by a local government or other public entity, the LOS is the existing LOS as identified (by design storm return frequency event) in the Collier County Water Management Master Plan. 2, For new capital assess drainaae facilities owned or operated by private persons, the LOS is identified in the GMP. B. Determination of public facility adequacy for assess drainaae facilities shall be granted if the proposed development has a drainage and water management plan that has been approved by the County Manager orf designee as meeting the LOS for G,Qapital aSS9SS drainaae facilities. . . . . . . . . . . . . Page 32 of 44 Words slrHel, IhreHgh are deleted, words underlined are added SUBSECTION 3.N. AMENDMENTS TO SECTION 6.06.01 STREET SYSTEM REQUIREMENTS Section 6.06 01 Street System Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06,01 Street System Requirements A. The arrangement, character, and location of all streets shall conform to the GMP and shall be considered in their relation to existing and proposed streets, topographical conditions, public convenience, safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. B. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. adjacent properties shall be provided with local street interconnections unless topography, other natural features, or other ordinances/regulations do not allow or require said connections. All arterial or collector streets shall be planned to conform to the GMP. collector and arterial streets within a development shall not have individual residential driveway connections. Their location and right-of-way cross-section must be reviewed and approved by the County Manager or designee during the preliminary subdivision plat review process, All subdivisions shall provide rights-of-way in conformance with the GMP and the right-of-way cross-section contained in Appendix B. All streets shall be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life, and low cost of maintenance. C. Every subdivision or development shall have legal and adequate access to a street dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or the County, as described in Chapter 10, When a subdivision or development does not immediately adjoin such a street, the applicant shall provide access to the development from a dedicated street in accordance with these regulations and provide legal documentation that access is available to the project site. .AII lots within a subdivision or development shall be provided legal access to a street dedicated for public use. 1. Nothina in anv development order iDO) shall vest a riaht of access in excess of a riaht-in/riaht-out condition at anv access point. Neither shall the existence of a point of inaress, a point of earess, or a median openina, nor lack thereof, be the basis for anv future cause of action for damaaes aaainst the Countv bv the developer , its successor in title, or assianee. Collier County reserves the riaht to close any median openina existina at any time which is found to be adverse to the health. safetv and welfare of the public. Anv such modification shall be based on, but not limited to, safetv, operational circulation and roadwav capacity. 2. Access points shown on a PUD Master Plan are considered to be conceptual. The number of access points constructed mav be less than the number depicted on the Master Plan: however, no additional access points shall be considered unless a PUD amendment is approved. 3. Site related improvements (as opposed to svstem related improvements) necessarv for safe inaress and earess to this proiect. as determined bv Collier County, shall not be eliaible for impact fee credits. All improvements necessarv to provide safe inaress and earess for construction-related traffic shall be in place and operational prior to commencement of on-site construction. D. The arrangement of streets in subdivisions or developments may be required to make provision for the continuation of existing or proposed collector or arterial streets to and from adjoining properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated street system per requirements of the GMP, Page 33 of 44 Words struele thrsHgh are deleted, words underlined are added this LDC, or other ordinances and regulations, Where a subdivision or development abuts an existing or proposed public arterial or collector street, buffering shall be required per Chapter 4. E Rural type roadway cross-sections shall only be considered for permitting on a case-by-case basis. The design of a rural cross-section and its required right-of-way width shall be based on the drainage characteristics of the required swale section and the relationship of the maximum stormwater flow line to the bottom of the subbase course of the roadway. A detailed design report documenting these considerations shall be submitted for review and approval by the County Manager or designee prior to the approval of a rural roadway cross-section. F. All public and private streets requiring a design capacity which exceeds the roadway cross-sections established herein for a minor collector shall be coordinated by the County Manger or designee prior to the approval of the project's improvement plans and final subdivision plat. G. Use of local streets by cut-through traffic shall be discouraged, using methods (like traffic calming) that do not compromise connectivity or reduce the number of access points to the subdivision. H. As applicable, the installation of turn lanes, storage lanes, deceleration lanes, parallel service lanes, or any other traffic control improvements necessary to provide safe internal movements or ingress and egress from the subdivision or development to any existing or proposed street or highway shall be required. 1. If, in the sole opinion of Collier Countv, traffic sianal(s), other traffic control device, sian, pavement markina improvement within a public riaht of way or easement. or site related improvements (as opposed to svstem related improvements), necessarv for safe inaress or earess to the project. is determined to be necessarv. the cost of such improvement shall be the responsibility of the developer, successor(s) or assians. The improvements shall be paid for or installed, at the Countv's discretion, prior to the issuance of the appropriate correspondina certificate of occupancy (CO), 2. All traffic control devices, sians, pavement markina and desian criteria shall be in accordance with the Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Desian Standards, current edition and the Manual On Uniform Traffic Control Devices (MUTCD). current edition. 3. If anv reauired turn lane improvement reauires the use of anv existina County riahts-of-way or easement(s), then compensatina riaht-of-way shall be provided at no cost to Collier Countv as a conseauence of such improvement(s) upon final approval of the turn lane desian durina the review of the first subseauent develoDment order unless waived by the Countv Manaaer or desianee. The tvpical cross section may not differ from the existina roadwav without written approval of the Countv Manaaer or desianee. . * . * . . * . . * * . SUBSECTION 3.0. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans Page 34 of 44 Words stmeil threHgh are deleted, words underlined are added 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 thereon. * . * . . * . . . . . . 4. Site development and site improvement plan standards. The County Manager or his designee shall review and consider all site improvement and site development plans in accordance with the following standards: a. Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space, common facilities, conservationlpreservation areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county. b. Development compliance with all appropriate zoning regulations and the growth management plan. The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fire or catastrophe, or other emergency. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of access or location of access points in a PUD ordinance, does not authorize or vest access to the major road system. The location, design, capacity, or routing of traffic for any specific access point will be determined by, and must comply with, the regulations for site development in effect at the time of site development plan approval. c. 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. d. Adequacy of recreational facilities and open spaces considering the size, location, and development of these areas with regard to adequacy, effect on adjacent and nearby properties as well as uses within the proposed development, and the relationship to community-wide open spaces and recreation facilities. e. Adequacy of the proposed landscape screens and buffers considering preservation of the development's internal land Page 35 of 44 Words sImek through are deleted, words underlined are added uses as well as compatibility with adjacent land uses. f. Water management master plan on the property, considering its effect on adjacent and nearby properties and the consequences of such water management master plan on overall county capacities. Water management areas shall be required to be maintained in perpetuity according to the approved plans. Water management areas not maintained shall be corrected according to approved plans within 30 days. The engineer of record, prior to final acceptance, shall provide documentation from the stormwater maintenance entity; indicating that said entity has been provided information on how the stormwater systems functions and indicating responsibility for maintenance of the system. g, Adequacy of utility service, considering hook-in location and availability and capacity for the uses projected. h. Signage proposed for the project in conformity with 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. i. Architectural design of the building for all commercial developments located in any commercial zoning district. I, Outdoor servina areas shall be explicitlv detailed on the site plan, showina lavout of chairs. tables, benches, bars and other servina area features as mav be reauested. The plan shall clearlv 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 adiacent residential zonina districts or residential uses within 2500 feet of the location. i. The Countv Manaaer or desianee mav reauire additional landscape bufferina bevond Code reauirements, the relocation of the outdoor servina 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 iudament. will help to mitiaate the impacts of the outdoor servina area on adiacent residential zonina districts andlor residential uses. ii. Within 30 davs from an applicant's first desianation of the use in a site development plan, it shall be within the discretion of the Countv Manaaer or desianee to deny approval of such site development plan if, in the professional iudament of the Countv Manaaer or desianee, such use is believed to be not compatible with or has the potential to cause a deleterious effect upon an adiacent residential use. Iii. Notice of such denial shall be promptlv mailed to the applicant for the site development plan, The Applicant and staff will meet at their earliest . convenience to discuss and attempt to resolve the compatibi'itv issues, which can include. but is not limited to, movina the auestioned use to another location within the development. iv. Should the parties be unable to reach a solution, Page 36 of 44 Words struel, tRr8Hgh are deleted, words underlined are added the matter will be promptlv referred to the Collier Countv Plannina Commission. At a publiclv noticed hearina, the Plannina Commission will review the proposed use and make a findina as to: (1) whether the proposed use was intended for this site. and (2) whether such use can be made compatible with the adiacent residential zonina districts and/or uses throuah the imposition of certain conditions or restrictions, includina but not limited to locatina the use to another location within the develoDment. additional bufferina. sound attenuation devices, limitations on hours of operation, reauirement of a vestibule, walls, and relocation of dumpsters. v. Should either the Countv or the applicant be unwillina to abide with the findinas and recommendations of the Plannina Commission, the matter will then be forwarded to the Board of County Commissioners for a public hearina. to be conducted in the same manner as LDC Section 10.08.00, except that for notice purposes 10 davs prior notice bv publication will be sufficient. j]s. Such other standards as may be imposed by this Code, the growth management plan or other applicable regulations for the particular use or activity proposed. 5, Conceptual site development plan review and approval. At the request of the applicant and subject to the applicable fee set forth in the schedule of fees, planning services 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 Code and may be approved subject to further review, changes and modifications. . . . . . . . . . . . . SUBSECTION 3.P. AMENDMENTS TO SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING AND LDC Section 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC . * . . * . . . . . . . C. Amendments. Amendments to this Code may be made not more than two times during any calendar year as scheduled by the county manager, except: 1. I\ny aFFlendFflents to thCl !\GGess MaRa~ement Plan Fflaps (/\!'ll:lendix V) may bc made Fflore often than twice durin~ the calenaar year if relatea to, ana if sUbmittea ana rcviewed in 60njunlJtion \VilA submittal and review of, the fellowin~ tY!'les of development ordeFs: Rezonin~, PUD amendment, Development of Re~ienal Il'l1past (DRI) al:lproval, DRI amendment, Gonditional use, Site Development Plan (SOP) a!'lpreval, SDP amendment, subdivision a!'l/'lfoval (insludin~ plats, !'lIons, and aFFlendFl'lents), constru6tien a!'l!'lroval for infrastruGture (insludin~ water, sewer, ~radin9, I:la',in!il), and buildin~ permit (for sin!ille family d'....ellin~ eRfy, Page 37 of 44 Words film.l, IhraHgh are deleted, words underlined are added ~1. Amendments to the Code (See section 10.02.10 A. below for requirements). The procedure for amendment to this Code shall be as provided in section 10.03.05. This Code may only be amended in such a way as to preserve the consistency of the Code with the growth management plan. . . . . . . . . . . . * SUBSECTION 3.Q. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures . . . . . . . . * . . . A. Application and PUD master plan submission requirements. . . . . . . . . . * . * B. Procedures for planned unit development zoning. 1. Pre application conference. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the planning services 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 pian for review at the conference, 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. This preapplication conference should address, but not be limited to, such matters as: . . . . . . . . . * . . c, Conformity of the proposed PUD with the goals, objectives" aRG policies and the Future Land Use Element of the growth management plan. . . . * . . . . . . . . 5. Planning commission recommendation. The planning commission shall make written findings as required in 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 section 10.02.08. . . . . * . . . . . . c. Conformity of the proposed PUD with the goals, objectives" aRG pOlicies and the Future Land Use Element of the growth management plan, . . . * . . . . . . . . D. Time limits for approved PUDs. For purposes of this section, the word Page 38 of 44 Words .truel, threHgh are deleted, words underlined are added "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in this section 10.02.12 of th~ Code as applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: 1. ,cor PUDs apfiJFOI.ee ~rjor to ColoBor 21, 2()()1 lt1e laAeownor{sj 5RaIF. 3. ObtaiA apf'lroval for iffiprovemeAts plaAs or a de'/elepment er-der for all iRfrastruGture iffipro'/effieAts te inslude utilities, r-oads and similar iffiJ3roveffients reEluires by the apf'lrsves PUD ffiaster Plan or other de':elopment erders for at least 1 Ii perseAt of the !1lross land area of the PUD site every five years froffi the date of af'lf'lroval by the board of sounty SOffiffiissioAers; and b. Rosei'le final leGal de':elepment erder-s for at least 15 persent of tho total Aumlaer of apprsves dwelling units in the PUD, or in the sase of PUDs sonsistin!1l of nonresidential uses, 30 persent sf the total approved !lross leasable fleor area within the PlJD o'~ery six years froffi the date ef approval lay the board of sounty sOffimissioners. s. /\ny PUD approved before Osteber 24, 2001 that reseiveG sulaseEluent affiendment approval shall be GUbjest to the de':elepment sriteria and time limits established for those PUDs approved on or after Ostolaer 24,2001 as outlined in sestion 10.02.12 of this Codo. 2. Fer PIJDs :JAd PIJD amonemoAIs apfKO\'ee OR or of/or OGteBer 24, 2()()1, But Wior to )cIRuary 3, 2()()?, tho faRe Dlmor shaH: 1 a. For residential portions of PUDs, the ewnor entity shall initiate physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD shall be initiated by the tRif€I fifth anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout; and ~ b. For the nonresidential portions of PUDs and commercial and industrial PUDs. the owner entity shall initiato physical development of a minimum of 15 percent of authorized floor area when approved on the basis of a defined amount of floor space, shall be initiated by the tRif€I fifth anniversary date of the PUD approval. In the event that the floor area is not the defining intensity measure, then 25 percent of the land area to include some representative portion of the building space shall be constructed by the tRif€I fifth anniversary date of the PUD approval Elate. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area. Thereafter the PUD shall be exempt from these sunset provisions. 3 For mixed use tracts or structures. phvsical develooment of infrastructure improvements, includina access roads, internal roads, sewer and water utilities and anv other related infrastructure that supports a minimum of 15 percent of the desianated mixed use tract or structure shall be initiated bv the fifth anniversarv date of the PUD approval. Phvsical develooment of a minimum of 15 percent of approved mixed use floor area. and 15 percent of the approved residential units, shall Page 39 of 44 Words stmel, thfBHgh are deleted, words underlined are added be initiated bv the fifth anniversary date of the PUD aooroval. Components of mixed use planned unit developments (MPUDs) that are non-residential shall adhere to the reauirements provided in subsections 10.02.13 0, 2. a. throuah b. 1 G. If in the event of a moratorium" or other action of government that prevents the approval of any final development order" the duration of the suspension of the approval shall not be counted towards the tAfee.- !2 year sunset prevision period. d. F-er PUDs apfKel'ed en er after tAe Elate ef afieption ef tAis rEll'isIen JaAuary d, 2()()7 the ,lEAd ol'mer sha.'!: 3. For all PUDs the buila out year as subfRittea ana approved with tAe al3plisation's TFaffis IfRpaGt StatefRent (TIS) shall serve as the ref.erense ,'ear f.or tAe approvea density and intensity. Two years after the build out year as def.ined on the appre'Jed TIS subfRitted witA tho applisation and en the anni'Iersary €late of tAe adopted PUD any refRaining density er intensity that has not been approved by the apprepriate site develepment plan or plat and reoeived a oertifioate ef pOlblio adeEluasy (COI'.) shall ee oensidered expirea and void of any refRaining developfRent rights. In the event that astion er in aotion by the County or any regulatory agenoy or legal aotion prevents the approval of a de'/elapment arder, the auration of the susl3ensien of the apt:lro'Jal shall not be seunted towaras tAB 8)cpiration provision abeve, oontingent that the applisant has eeen ailigently pursuing a laGal de'/elapment arder or perfRit through any of the required regulatory agensies. The county fRanager or designee fROlSt be netifiea in writin!j of the siroufRstanses ef tAe aelay '....ith tAe approt:lriate aoouA'lentation. b. For all PUDs the build out year as subfRitted and at:lt:lre'/ed 'Nith tAe applisation's Traffio IfRpast StatefRent (TIS) shall serve as the referenoe year for tAe appreved density and intensity. On the buila out year as aofined on the appro'/ed TIS suefRilted with the applioation and on tne annivorsarj date of the adoptea PUD any refRaining density and intensity shall be oonsidered 8lcpirea if all of the lando within the PUD eeunaary have reoeived approval through site develapment plans or plats and reoei'.'ea a oertif.ioate of publis adequasy (CO/'.). For nen residential portiens of a PUD, seotion (a) aeo'Je allows for two additional years to afRend the site dellelapment plan's) in order to apply f.or de\'elepment arders fer any refRaining intensity within nen resiaential sestions of the PUD. !2 4. Infrastructure improvements as required above shall be located on site and shall constitute infrastructure that makes possible vertical construction consistent with the permitted land uses. Acceleration lanes, entry road access and the like do not count towards meeting the required levels of infrastructure improvements as required above. .Q a. PUD sunsetting. Prior to or any time after the planning services department director determines that a PUD has sunsetted, then the property owner shall initiate one of the following: a, Request fef a PUD extension; &f b. Request fef a PUD amendmento : or c. Reauest a rezone. Z e. Board of county commissioners action on PUDs which have sunsetted. Upon review and consideration of the appropriate Page 40 of 44 Words stFUek threHgh are deleted, words underlined are added application, or the status report provided by the property owner and any supplemental information that may be provided, the board of county commissioners shall elect one of the following: a, To extend the current PUD approval for a maximum period of two years; at the end of which time, the property owner shall again submit to the procedure as defined herein, however no further development order applications shall be processed by the county until the PUD is officially extended. b. Approve or deny an application for a PUD amendment. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the county until the PUD is officially amended. c, Require the owner to submit an amended PUD. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the county until the PUD is officially amended. I. If the owner fails to submit an amended application to the PUD within six months of the action of the board of county commissioners to require such a submittal, or the board denies the request to amend the PUD, then the board of county commissioners may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the growth management plan. ~ 7. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: a. Maximum extension: There shall ee a maJdmum of t'....o oxtensions mav be one PUD extension. The first may eo granted for a maximum of two years from the date of original approval. The seaona extension, may eo grantod for an aaditional twe years from the Elate of eJElliration of the first exteAsion. b, Approval of an extension shall be based on the following: I. The PUD and the master plan is consistent with the current growth management plan including, but not limited to, density, intensity and concurrency requirements; il. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and iil. Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. c. An extension request shall consist of the following: I. A completed application form provided to the property owner by the county; and Page 41 of 44 Words sImek threHgh are deleted, words underlined are added ii. A copy of the original PUD approval ordinance: and iii. A written statement describing how the criteria listed in subsection 10.02,12 of this Code have been met; and iv. A fee paid in accordance with the county fee resolution. v. Any other information the County Manager or his designee deems necessary to process and evaluate the request. d. No more than !we one extensions may be granted for any development original approval date. e. Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in this section 10,02.12 of thi6~ Code within ten years of the original PUD approval date shall submit a new rezoning application. ~ g. Retention of existing PUD status. Once a PUD has sunsetted the land shall retain its existing PUD zoning status, however applications for additional development orders shall not be processed until one of the following occurs: a. The board of county commissioners approves a request for extension of PUD zoning status. b. The board of county commissioners approves an amendment to the existing PUD. Should the planning services department director determine that development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification pursuant to the provisions for time limits for approved PUDs. In the case of developments of regional impact, PUD time limit restrictions shall be superseded by the phasing plan andlor time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. S 380.06. 10. Exemptions from sunsettina. Anv educational plants or facilities or public service facilities includina police, fire and EMS facilities that were identified in an approved PUD zonina district or PUD master plan and which are consistent with the approved development reaulations shall retain development riahts, althouah a planned unit development mav have sunsetted, as provided for this section. A develooment order for such facilities shall be issued in accordance with a site development plan approval. without the reauirement to amend or extend the oriainal planned unit development. 11. PUD buildout. For PUDs approved on or after the Elate of aEloption of this re'/ision Januarv 3, 2007 the land owner shall: a. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. Two years after the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remaining density or intensity that has not been approved by the Page 42 of 44 Words stmek IhreHgh are deleted, words underlined are added appropriate site development plan or plat and received a certificate of public adequacy (COA) shall be considered expired and void of any remaining development rights. In the event that action or in-action by the County or any regulatory agency or legal action prevents the approval of a development order, the duration of the suspension of the approval shall not be counted towards the expiration provision above, contingent that the applicant has been diligently pursuing a local development order or permit through any of the required regulatory agencies. The county manager or designee must be notified in writing of the circumstances of the delay with the appropriate documentation. b. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. On the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remaining density and intensity shall be considered expired if all of the lands within the PUD boundary have received approval through site development plans or plats and received a certificate of public adequacy (COA). For non residential portions of a PUD, section (a) above allows for two additional years to amend the site development plan(s) in order to apply for development orders for any remaining intensity within non:residential sections of the PUD, . . . . . . . * . . . . SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word, THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 43 of 44 Words strHek IhreHgh are deleted, words underlined are added SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 5th Day of February, 2008. ATTEST: .., DWIGHT E. BROCK; 9,LERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Attlnt.. ~'ek"~',' s 1 QIIatur, orI1.' ,~ ,. ty Clerk . Approved as to form and legal ufficiency: Jeffrey Chief nty Attorney This ordinance filed with th" Secretory of Stote's Office the ~doyof~~~<~, ~~ and acknowledgemen}fJ. thot fili~eceived this _ day OfB~~ Y DlfDl.lty C r Page 44 of 44 Words slruek threHgh are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-08 Which was adopted by the Board of County Commissioners on the 5th day of February 2008, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of February 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boe:rq,"9f ~gSioners ;? ~. ~ By:Martha verg ra, Deputy ''C+,erk .", ~..: ' " d "~yo I"~ --'~--'-"I