Ordinance 2008-10
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I --. iJ> ORDINANCE NO. 08-10
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M l (\\,tt\ - AN ORDINANCE OF THE BOARD OF COUNTY
~ \\t.tu'\.U ~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
~ \\\l Qj' AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
<='Oc:': d.,~ THE COLLIER COUNTY LAND DEVELOPMENT CODE,
$?'P~F:Z7.7.\'tO 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
3 - RESOURCE PROTECTION, ADDING SECTION 3.07.00
INTERIM WATERSHED MANAGEMENT REGULATIONS,
SECTION 3.07.01 APPLICABILITY, AND SECTION 3.07.02
INTERIM WATERSHED REGULATIONS; CHAPTER 6 -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE
PUBLIC FACILITIES REQUIREMENTS INCLUDING,
SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM
REQUIREMENTS; CHAPTER 10 - APPLICATION, REVIEW,
AND DESISION-MAKING PROCEDURES INCLUDING,
SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL
APPLICATIONS, SECTION 10.02.03 SUBMITTAL
REQUIREMENTS FOR SITE DEVELOPMENT PLANS,
SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR
PLATS; 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repealed and superseded Ordinance No. 91-102, as amended, the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
WHEREAS, this is the second amendment to the LDC 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,
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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. ~ 163.3161 et seq.), and F.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, ~ 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.
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.
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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
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
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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. ADDITION OF SECTION 3.07.00 INTERIM WATERSHED
MANAGEMENT REGULATIONS
Section 3.07.00 Interim Watershed Management Regulations, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
3.07.00 Interim Watershed ManaQement ReQulations
SUBSECTION 3.B.
AMENDMENTS TO SECTION 3.07.01 APPLICABILITY
Section 3.07.01 Applicability, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.07.01 Aoolicabilitv
A. New develooment and redevelopment shall be in compliance with the aoals.
objectives and policies of the Conservation and Coastal Manaaement Element
(CCME) of the Collier Countv GMP and with this LDC until the formal adoption bv
the Countv of all land develooment reaulations. ordinances, policies, and
proarams which implement the Watershed Manaoement Plans as thev are
prepared.
B. The followino watershed manaoement re~uirements will remain in force for the
applicable reo ion of the Countv until superseded bv the formal adoption bv the
Countv of land develooment reoulations, ordinances. policies. and proorams for
each watershed as established bv the completion. adoption and implementation
of the individual Watershed Manaoement Plans.
C. The Countv shall adhere to the limitina discharae rates of each basin as outlined
in Ordinance 2001-27, adopted Mav 22.2001 which amended the Countv Water
Manaaement Policv and provided basin delineations where special peak
discharoe rates have been established.
SUBSECTION 3.C.
AMENDMENTS TO SECTION 3.07.02 INTERIM WATERSHED
REGULATIONS
Section 3.07.02 Interim Watershed Regulations, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
3.07.02 Interim Watershed Reaulations
A. All new develooment and redevelopment proiects. except public roadwav
proiects as defined in the Metropolitan Plan nino Oroanization (MPO) Lono Ranoe
Transportation Plan, shall meet 150% of the water auality volumetric
reouirements of Section 5.2.lIa) of the Basis of Review for Environmental
Resource Permit Applications within the South Florida Water Manaoement
District (Februarv 2006). The proiects shall also complv with the allowable offsite
discharoe rates re~uired Ordinance 2001-27. as amended. The 150% water
qualitv volumetric reauirement also applies to the Countv's minimum requirement
of 1 inch under Ordinance 90-10, as amended: thus increasina the Countv's
minimum re~uirement to 1.5 inches.
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L The entiretv of the reouired 150% treatment shall occur within the
boundaries of the storm water treatment svstem. excludina Countv
required native veoetation preserves. which are not allowed to be
incorporated into the stormwater oualitv treatment svstem.
2. For purposes of these interim watershed manaoement reoulations, anv
reconfiouration of. or addition to, the on-site impervious area that equals
or exceeds 50 percent of the existinq on-site impervious area square
footaoe shall be considered redevelopment of the site. Redevelopment
shall also be considered as anv chanoes to. or reconfiouration of. the
buildino footprint and/or all other on-site impervious area which eauals or
exceeds 50 percent of the assessed value of the improvements on the
site. In anv case. the more restrictive shall applv in the determination of
redevelopment. The 50 percent threshold for impervious area and/or
assessed value of improvements shall be calculated cumulativelv over a
5-vear period.
B. Loss of storaoe or convevance volume resultino from direct impacts to wetlands
shall be compensated for bv providino an equal amount of storaqe or
convevance capacity on site and within or adiacent to the impacted wetland.
C. Floodplain storaoe compensation calculation shall be provided on a case bv case
basis. based upon historical floodinq and drainaae problem area information. as
determined bv staff. for developments within the desianated flood zones "A".
"AE". and "VE" as depicted on the Flood Insurance Rate Maps published bv the
Federal Emeroencv Manaoement Aqencv with an effective date of November 17.
2005. Floodplain storaoe compensation calculations shall be provided on a case
bv case basis. based upon historical f100dina and drainaae problem area
information. as determined bv staff, for areas known to be periodicallv inundated
bv intense rainfall or sheetflow conditions.
Fioure 3.07.02 - 1 Areas of special evaluation for watershed svstem
reauirements per subsection 3.07.02 D.
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D. All develooment located within areas identified on Fioure 3.07.02 -1 shall be
evaluated to determine impacts to natural wetlands, flowwavs. or slouahs. For
this particular evaluation. natural wetlands. f1owwavs. or slouohs shall be
tentativelv identified as contiquous lands havino a continual preponderance of
wetland or wet facultative plant species and a around elevation throuoh the maior
portion of the natural wetland. flowwav, or slouoh at least 1 foot lower, on
averaoe. than the around at the edoe of the natural wetland. flowwav. or slouah.
The edoe of the natural wetlands. f1owwavs, or slouohs shall be identified bv
field determination and based upon veoetation and elevation differences from the
adiacent uplands or transitional wetlands. The Countv shall reauire the
aoolicant to avoid direct impacts to these natural wetlands, flowwavs. or
slouohs or, when not possible, to ensure anv direct impact is minimized and
compensated for bv providino the same convevance capacitv lost bv the direct
impact.
S. All new develooment and redevelopment proiects shall be desiqned so that
surroundino properties will not be adverselv impacted bv the proiect's influence
on stormwater sheet flow UP to the 25-vear, 3-dav des ion storm.
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SUBSECTION 3.D.
AMENDMENTS TO SECTION 6.05.01 STORMWATER MANAGEMENT
SYSTEM REQUIREMENTS
Section 6.05.01 Stormwater Management System Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
6.05.01 Stormwater Management System Requirements
A complete stormwater management system shall be provided for all areas within the
subdivision or development, including lots, streets, and alleys.
A. The system design shall meet the applicable provisions of the current County
codes and ordinances, SFWMD rules and regulations pursuant to Florida
Statutes, and the Florida Administrative Code, and any other affected state and
federal agencies' rules and regulations in effect at the time of preliminary
subdivision plat submission.
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F. The desion of the stormwater manaaement svstem shall fullv incorporate the
reouirements of the Interim Watershed Manaoement reaulations of LDC section
3.07.00.
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SUBSECTION 3.E.
AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS
FOR ALL APPLICATIONS
Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements
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4. Information required for application.
a. Applicant information.
i. Responsible person who wrote the EIS and his/her
education and job related environmental experience.
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ii. Owner(s)/agent(s) name, address, phone number & e-mail
address.
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f. Surface and ground water management.
i. Provide an overall description of the proposed water
management system explaining how it works, the basis of
design, historical drainage flows, off-site flows coming in to
the system and how they will be incorporated in the system
or passed around the system, positive outfall availability,
Wet Season Water Table and Dry Season Water Table,
and how they were determined, and any other pertinent
information pertaining to the control of storm and ground
water.
ii. Provide an analysis of potential water quality impacts of
the project by evaluating water quality loadings expected
from the project (post development conditions considering
the proposed land uses and stormwater management
controls) compared with water quality loadings of the
project area as it exists in its pre-development conditions.
This analysis is required for projects impacting five (5) or
more acres of wetlands. The analysis shall be performed
using methodologies approved by Federal and State water
quality agencies.
iii. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs.
iv. The desion of the proposed stormwater manaoement
svstem and analvsis of water aualitv and auantitv impacts
shall fullv incorporate the reauirements of the Interim
Watershed Manaoement reoulations of LDC section
3.07.00.
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SUBSECTION 3.F.
AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read
as follows:
10.02.03 Submittal Requirements for Site Development Plans
A. Generally.
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.
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3. Exemptions. Due to its location or minimal impact on surrounding
properties and probable minimal impacts under the site development
plan review standard contained in section 10.02.03 AA., standard
application requirements as described in section 10.02.03 A., may be
waived in part or in full by the County Manager or his designee for
agriculturally related development as identified in the permitted and
accessory uses section of the rural agricultural zoning district; however,
a site improvement plan as required by section 10.02.03 B. addressing
the application requirements deemed necessary by the County Manager
or his designee shall be submitted to the planning department for review
and approval.
a. School board review ("SBR") application contents. The SBR
application submittal will be in accordance with section 10.02.03 of
the Code, but will be accorded an expedited process as outlined in
the Manual for County Consistency and Site Plan Reviews of
educational facilities and ancillary plants, as may be amended
by agreement between the Board of County Commissioners and
the Collier County School Board. This document is available in the
Records Room of the Community Development and
Environmental Services Building.
b. The expedited site plan for school board review, as referenced
in section 10.02.03 A.3.a. of the Land Development Code, will
consist of the following areas of review:
i. Collier County Utilities Standards and Procedures,
Ordinance No. 01-57, as may be amended. In accordance
with this Ordinance, the following requirements must be
met:
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vi. Collier County Stormwater Management Policies as
follows:
(a) A Drainage Plan, signed and sealed by a Florida
Professional Engineer must be submitted along
with design calculations in order to determine the
proposed development's effect on County
maintained drainage facilities.
(b) SFWMD permits must be submitted prior to a
determination that the SBR application is sufficient
for review.
(c) Easements for drainage improvements and
access to them must be submitted prior to SBR
approval. When necessary, the School Board will
supply additional drainage easement area when
necessitated by increased capacity to
accommodate the proposed development.
(d) If any dedications of easements for drainage,
maintenance, and/or access are required, all
necessary documentation to record the
easement(s) shall be provided to the County prior
to approval of the SBR. Prior to the County's
issuance of the Certificate of Occupancy, such
easements shall be approved by the BCC and
officially recorded.
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fgl All proposed development activities will be fullv in
compliance with the Interim Watershed
Manaaement reoulations of LDC section 3.07.00.
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SUBSECTION 3.G.
AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS
FOR PLATS
Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the
Colljer County Land Development Code, is hereby amended to read as follows:
10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements.
1. Procedures for preliminary subdivision plat.
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3. A preliminary subdivision plat application shall be submitted for the
entire property to be subdivided in the form established by the County
Manager or his designee and shall, at a minimum, include ten copies of
the preliminary subdivision plat unless otherwise specified by the County
Manager or his designee. The preliminary subdivision plat shall be
prepared by the applicant's engineer and surveyor. Land planners.
landscape architects, architects, and other technical and professional
persons may assist in the preparation of the preliminary subdivision plat.
The preliminary subdivision plat shall be coordinated with the major
utility suppliers and public facility providers applicable to the
development. Provisions shall be made for placement of all utilities
underground, where possible. Exceptions for overhead installations may
be considered upon submission of sound justification documenting the
need for such installation. The preliminary subdivision plat shall include
or provide, at a minimum, the following information and materials:
a. A preliminary subdivision plat shall consist of a series of mapped
information sheets on only standard size 24-inch by 36-inch
sheets to include, but not be limited to, the following:
i. Cover map sheet;
ii. Boundary and topographic survey;
iii. Preliminary subdivision plat with right-of-way and lot
configurations;
iv. Natural features and vegetative cover map; for proposed
site alteration(s) within the coastal zone, vegetative cover
map shall also comply with section 3.03.02 B.;
v. Master utilities and water management (drainage) plans;
vi. Aerial map; and
vii. Standard right-of-way cross-sections and appropriate
design details.
The above mapped information may be combined on one or more
maps if determined appropriate by the County Manager or his
designee.
b. Name of subdivision or identifying title which shall not duplicate
or closely approximate the name of any other subdivision in the
incorporated or unincorporated area of Collier County.
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Z. All plans and plattino documents shall be prepared fullv in
compliance with the Interim Watershed Manaoement reoulations
of LDC section 3.07.00.
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B. Final plat requirements.
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3. General requirements for final subdivision plats.
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L. All plans and plattino documents shall be prepared fullv in
compliance with the Interim Watershed Manaoement reoulations
of LDC section 3.07.00.
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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.
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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 19th Day of February, 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~,~. ~k(}C.By ~h
:, "t.~ II .'.. . . . Clerk TOM HENNING, CHAIRMAN
It...., Ill,.
This ordinance fi led with the
SeFcttary of Statc's Ofmc;~
~dayof~,--l:)
and acknowlcdgcmc~ that
filing received~ day
Of~ ~O.C
By DeoV1y C
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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 and correct
copy of:
ORDINANCE 2008-10
Which was adopted by the Board of County Commissioners
on the 19th 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 28th
day of February, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
CLtut ~
By: Ann Jennejohn,
Deputy Clerk
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