Ordinance 96-53 ORDINANCE NO. 96-53
AN ORDINANCE AMENDING ORDINANCE NO, 93-82, AS
AMENDED, THE COLLIER COUNTY ADEQUATE PUELIC
FACILITIES ORDINANCE BY PROVIDING FOR= SECTION
ONE, AMENDMENTS TO DEFINITIONS SECTION TO DELETE
DEFINITION OF GROWTH MANAGEMENT CHIEF AND TO ADD
DEFINITION OF COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR~
SECTION TWO, AMENDMENTS TO RULES OF CONSTRUCTION
SECTION~ SECTION THREE, AMENDMENTS TO MANAGEMENT
AND MONITORING PROGRAM SECTION~ SECTION FOUR,
AMENDMENTS TO REGULATORY PROGRAM SECTION ALL OFv.
WHICH REPLACE THE TITLES OF CERTAIN COUNTY~
OFFICIALS WITH THEIR NEW TITLES RESPECTIVELY~
SECTION FIVE, CONFLICT AND SEVERABILITYy SECTION
SIX, INCLUSION IN THE CODE OF LAWS AND ORDINANCES
AND SECTION SEVEN, EFFECTIVE DATE.
WHEREAS, Chapter 163.3180, F.S. and Rule 9J-5.0055 FAC require
local governments to adopt a Concurrency Management System which
establishes an ongoing mechanism which ensures that public facilities
and services needed to support development are available concurrent
with the impacts of such development; and
WHEREAS, a reorganization within the Community Development and
Environmental Services Division was implemented in FY 95/96 resulting
in the consolidation of the previous Growth Management Section and
Long Range Planning Section into the Comprehensive Planning Section;
and
WHEREAS, said reorganization resulted in the elimination of the
Growth Management Chief position referenced in the Adequate Public
Facilities Ordinance No. 93-82, as amended by Ordinance 94-1; and
WHEREAS, overall responsibility for implementation of the
Concurrency Management System described herein resides with the
Community Development and Environmental Services Division
Administrator,
NOW THEREFORE, EE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
S~CTION ON~ AMENDMENTS TO SECTION 4, DEFINITIONS, OF
ORDINANCE NO. 93-82, AS AMENDED
Section 4, Definitions, of Ordinance No. 93-82, as amended, is
hereby amended to read as follows:
BEC. 4. DEFINITIONS.
4.1 Annual Update and Inventory Report or AuIR means the
County report on public facilities described in Section 7.2.
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09/23/9~ at 10:38AM DVlGItT S. BROCI(. CLZRK
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4.2 A]~J~13~G~tion for DeveloDment ADDroYal means an
application submitted to Collier County requesting the approval of a
development order.
4.3 ~aDital Drainaqe Facilities mean 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 drainage facilities.
4.4 Capital Park Facilities mean the planning of,
engineering for, acquisition of land for, or construction of buildings
and park equipment necessary to meet the LOS for park facilities.
4.5 Capital Road Facilities or Capital RO~d Improvement
shall include transportation planning for, right-of-way acquisition
for, engineering for, and construction of any project eligible for
inclusion as a road project in the road component of the CIE of the
Collier County Growth Management Plan or the Five Year Florida
Department of Transportation Plan.
4.6 C~pital 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.
4.7 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.
4.8 Capit~l $o1~d Waste Facllit~es 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.
4.9 Comprehensive Plan means a plan that meets the
requirements of Sections 163.3177 and 163.3178, Florida Statutes, and
shall mean the Collier County Growth Management Plan, where referenced
in this Ordinance.
4.10 Community DeveloPment and Environmental SerVices
Division Administrator meads the Community Development and
Environmental Services Division Administrator or his desiqnee.
4.~.11 Deficient Road SeQment means the following:
4.~.11.1 A County or State road segment on the Major
Road Network System that either:
4.{~}.11.1.1 has an adopted LOS "C" peak season,
peak hour, that has operated below LOS "C" peak season, peak hour,
based on the Annual Update and Inventory Report ("AUIR"); or
4.~}.11.1.2 has an adopted LOS "D" peak season,
peak hour, that has operated below LOS "D" peak season, peak hour, for
two (2) years or more based on the AUIR; or
4.~}.11.1.3 has an adopted LOS "D" peak season,
peak hour, that is operating below LOS "E", peak season, peak hour,
based on the AUIR; or
4.~4}.11.1.4 has an adopted LOS "E" peak season,
peak hour, that is operating worse than LOS "E" peak season, peak
hour, based on the AUIR.
4.{~}.11.2 In determining the capacity of a County road
segment or a State road segment for the purpose of determining whether
it is a deficient road segment, the County shall consider:
4.~4}.11.2.1 any Capital Road Improvement
currently in place;
Words underfined arc added; ~v~rds slruck
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4.~.11.2.2 any Capital Road Improvement that is
under construction;
4.~4}.11.2.3 any Capital Road Improvement
guaranteed in an enforceable development agreement that includes the
provisions in subsections 4.10.1 and 4.10.2;
4.~4}.11.2.4 the actual construction of the
required Capital Road Improvement is included and is scheduled to
commence in or before the third year of the State's Five (5) Year Work
Program and the County's current five (5) year Capital Improvement
Schedule adopted as part of the Growth Management Plan; and
4.~.11.2.5 the Board of County Commissioners has
made an express finding, after a public hearing, that the current five
(5) year Capital Improvement Schedule is based on a realistic,
financially feasible program of funding from existing revenue sources.
4.{-}.12 D~veloDer means any person, including a governmental
agency, undertaking any development as defined in this Ordinance.
4.~e.13 DeveloDment Agreement has the meaning contemplated
in Section 163.3220 et sea., Florida Statutes.
4.{-}.14 Development has the meaning given it in Section
380.04, Florida Statutes.
4.~.15 Development Order means 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, paving), approved development of regional
impact (DRI), zoning ordinance amendment, comprehensive plan
amendment, flood variance, coastal construction control line variance,
tree removal permits, site development plan approval, subdivision
approval (including plats, plans, variances, and amendments),
rezoning, PUD amendment, certification, conditional use (provisional
use), variance, or any other official action of Collier County having
the effect of permitting development as defined in this Ordinance.
4.~.16 Final Development Order means a final local
development order or a final DRI development order.
4.{6.17 Final DRI Development Order means a development
order, as amended from time to time, adopted by the Board of County
Commissioners of Collier County and approved by the State pursuant to
Section 380.06, Florida Statutes, notice of which is recorded pursuant
to Section 380.06(15)(f), Florida Statutes.
4.{-~.18 Final Local DevelOpmeDt order means any valid,
unexpired building permit or mobile home tie-down permit issued by the
County.
4.1C ................... ~:-~ ..... the ................ ~
Chief ~r his designee.
4.19 Growth Manaaement Plan or GMP means the most recently
adopted and effective Comprehensive Plan of Collier County, as amended
from time to time.
4.20 Land Development Re~3]lationS mean Ordinances enacted by
Collier County pursuant to Section 163.3161 e__t. seq., Florida
Statutes, for the regulation of development, and includes any zoning,
subdivision, impact fee, building construction, or sign regulations,
or any other regulations controlling the development of land.
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4.21 Level of Service {LOS) means an indicator of the extent
or degree of service provided by, or proposed to be provided by a
public facility based on and related to the operational
characteristics of the public facility, as adopted in the Collier
County Growth Management Plan. LOS shall indicate the capacity per
unit of demand for each public facility.
4.21.1 Level of Service Calculations for Roads mean
calculations that are performed annually following the end of the
calendar year by comparing average annual daily traffic counts to the
annual average daily traffic service volume look-up tables in the
Traffic Circulation Element. These tables are calculated to express
the annual average daily traffic volumes based upon the 100th highest
volume hour of the year, or peak season, peak hour. Annual average
daily traffic (AADT)is generally calculated as the average of a daily
24-hour two-way volume, counted in each of the four seasons of the
year. On some low volume roads, a single annual count may be taken
and factored to the annual average daily traffic volume using a
monthly or quarterly factor.
4.22 LOS for Capital Drainaae Facilities varies among 1) new
or existing capital drainage facilit~es owned or operated by a local
government or other public entity, 2) existing capital drainage
facilities owned or operated by private persons, and 3) new capital
drainage facilities owned or operated by private persons. For those
capital drainage facilities (publicly or privately owned) that are in
existence on the effective date of this Ordinance and for those new
capital drainage facilities 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. For new capital drainage facilities owned or
operated by private persons, the LOS is identified in the Drainage
Sub-Element and Capital Improvement Element Policy 1.1.5.A.3 (present
requirements are a 25-year, 3-day storm event) and is based on those
standards and requirements for renewal and approval of drainage and
stormwater management plans established in the Collier County Water
Management Policy Ordinance, Ordinance No. 74-50, as amended, and
Ordinance No. 90-10 which are incorporated herein by reference.
4.23 LOS for Capital Park Facilities means 2.9412 acres per
1,000 persons for regional park land; 1.2882 acres per/I,000 persons
for community park land; and $122 $17~ of capital investment per
capita (at current cost) for recreational facilities.
4.24 LOS for Capital Potable Water Facilities varies between
public water systems and private water systems. For public water
systems, the LOS is 135 gallons per capita per day (gpcd), plus 21%
for non-residential development (except in the Marco Water and Sewer
District), making the LOS 163 gpcd. The LOS in the Marco Water and
Sewer District is 200 gpcd (with no 21% adjustment). For private
potable water systems, the LOS is as follows, except that approved
private wells are exempt from these LOS requirements:
Gallons Per
Type of Establishment Day (GPD]
Airports
(a) per passenger 5
(b) add per employee 20
Barber and beauty shops (per chair) 100
Bowling alleys (toilet wastes only per lane) 100
Country Club
(a) per resident member 100
(b) per member present 25
(c) per employee 20
Dentist Offices
(a) per wet chair 200
(b) per non-wet chair 50
Doctors offices (per doctor) 250
Factories, exclusive of industrial wastes (gallons per
person per shift)
Wo~s yn4~dined- are added; words struck ;|,,"'S~, -~'- ,LL;,,d.
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(a) no showers provided 20
(b) showers provided 35
Food Service Operations
(a) ordinary restaurant (per seat) 50
(b) 24 hour restaurant (per seat) 75
(c) single service articles only (per person) 25
(d) bar and cocktail lounge (per person) 30
(e) drive-in restaurant (per car space) 50
(f) carry out only
1. per 100 square feet of floor space 50
2. add per employee 20
(g) Institutions (per meal) 5
Hotels and motels
(a) regular (per room) 150
(b) resort hotels, camps, cottages (per person) 75
(c) add for establishments with self service
laundry facilities (per machine) 400
Office building (per employee per 8 hour shift) 20
Service stations (per water closet and per urinal) 250
Shopping centers without food or laundry (per square foot
of floor space) 0.1
Gallons Per
TYPe Of Establishment Day IGPD]
Stadiums, race tracks, ball parks (per seat) 5
Stores per square foot of floor space 0.1
Theaters
(a) indoor, auditoriums (per seat) 5
(b) outdoor, drive-ins (per space) 10
Trailer/Mobile Home Park (per trailer space) 200
Travel trailer/recreational vehicle park
(a) Travel trailer (overnight), without water and
sewer hookup (per trailer space) 75
(b) Travel trailer (overnight), with water and
sewer hook-ups (per trailer space) 100
Swimming and bathing facilities, public (per person) 10
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per bed) 100
Parks, public picnic
(a) with toilets only (per person) 5
(b) with bathhouse, showers and toilets (per person) 10
Public institutions other than schools and hospitals
(per person) 100
Schools (per student)
(a) day-type 15
(b) add for showers 5
(c) add for cafeteria 5
(d) add for day school workers 15
(e) boarding-type 75
Work/Construction camps
Semi-permanent (per worker) 50
Residences
(a) Single or multiple family (per dwelling unit)
i bedroom and 600 square feet or less heated or
cooled area 150
2 bedrooms and 601 - 1000 square feet heated or
cooled area 300
3 bedrooms and 1001 - 2000 square feet heated or
cooled area 450
4 or more bedrooms and more than 2000 square feet
heated or cooled area 600
(b) Other (per occupant) 75
4.25 LOS for Capital Road Facilities on the Major Road
Network System varies depending on the type of road, and is based on a
defined peak season, peak hour. The LOS on the following County roads
is LOS "E" peak season, peak hour:
Word~ .~.derlim..'l are added; words struck
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Road Segment
Airport Road Pine Ridge Road to Golden Gate Parkway
Golden Gate Parkway Airport Road to Santa Barbara Boulevard
Goodlette-Frank Road Pine Ridge Road to Golden Gate Parkway
Goodlette-Frank Road Golden Gate Parkway to U.S. 41
Pine Ridge Road Airport Road to 1-75
Vanderbilt Beach Road US 41 to GulfshOre Driv~
On all other County roads on the Major Road Network System, the
LOS is "D" peak season, peak hour; however such a County road segment
may operate at LOS "E," peak season, peak hour, for a period not to
exceed two (2) fiscal years so as to provide Collier County time to
make the Capital Road Improvements needed to restore the road to LOS
"D" peak season, pe~k hour, or better.
The LOS on State and Federal roads shall be as follows based on
peak season, peak hour:
Existing Transitioning
Road Rural Area Urbanized Area Urbanized Area
1-75 8~ 8~ 8~
US 41 C D C
SR-84 C D C
SR-951 - D C
5R-29 e ~ - -
SR-82 e ~ - -
4.26 LOs for Capital Sanitary Sewer Facilities varies
between public sanitary sewer systems and private sanitary sewer
systems. The LOS for public sanitary sewer systems is 100 gallons per
capita per day (gpcd), plus 21% for non-residential development,
making the LOS 121 gpcd.
The LOS for private sanitary sewer systems is as required by the
State of Florida in Chapter 10-D-6, F.A.C. These standards vary
according to the type of land use. They are as follows, except that
approved private septic systems are exempt from these LOS
requirements:
Gallons Per
TYPe of Establishment Day fGPD)
Airports
(a) per passenger 5
(b) add per employee 20
Barber and beauty shops (per chair) 100
Bowling alleys (toilet wastes only per lane) 100
Country Club
(a) per resident member 100
(b) per member present 25
(c) per employee 20
Dentist Offices
(a) per wet chair 200
(b) per non-wet chair 50
Doctors offices (per doctor) 250
Factories, exclusive of industrial wastes (gallons per
person per shift)
(a) no showers provided 20
(b) showers provided 35
Food Service Operations
(a) ordinary restaurant (per seat) 50
(b) 24 hour restaurant (per seat) 75
(c) single service articles only (per person) 25
-6-
Words Underlined
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Gallons Per
Tv~e of Establishment Day (~PD]
(d) bar and cocktail lounge (per person) 30
(e) drive-in restaurant (per car space) 50
(f) carry out only
1. per 100 square feet of floor space 50
2. add per employee 20
Hotels and motels
(a) regular (per room) 100
(b) resort hotels, camps, cottages (per person) 75
(c) add for establishments with self service
laundry facilities (per machine) 400
Office building (per worker) 20
Service stations (per bay) 500
Shopping centers without food or laundry (per square
foot of floor space) 0.1
Stadiums, race tracks, ball parks (per seat) 5
Stores (without food service)
(a) private toilets, for employees only (per
employee) 20
(b) public toilets (per square foot of floor 0.1
space)
Theaters
(a) indoor, auditoriums (per seat) 5
(b) outdoor, drive-ins (per space) 10
Trailer/Mobile Home Park (per trailer space) 200
Travel trailer/recreational vehicle park
(a) Travel trailer (overnight), without water and
sewer hookup (per trailer space) 50
(b) Travel trailer (overnight), with water and sewer
hook-ups (per trailer space) 100
Swimming and bathing facilities, public (per person) 10
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per person) 100
Parks, public picnic
(a) with toilets only (per person) 5
(b) with bathhouse, showers and toilets (per person) 10
Public institutions other than schools and hospitals (per
person) 100
Schools (per student)
(a) day-type 15
(b) add for showers 5
(c) add for cafeteria 5
(d) add for day school workers 15
(e) boarding-type 75
Work/Construction camps
Semi-permanent (per worker) 50
Residences
(a) single family (per bedroom) 150
(b) apartment (per bedroom) 150
(c) mobile home not in a trailer park (per bedroom) 150
(d) other (per occupant) 75
4.27 LOS for Capital Solid Waste FaCilities requires
sufficient capital solid waste facilities to dispose of 1.39 tons of
solid waste per capita per year. In addition, the LOS requires two
(2) years of landfill lined cell disposal capacity at present fill
rates and ten (10) years of landfill raw land capacity at present fill
rates.
4.28 LO$ "C" peak season. peak hour is in the range of
stable flow, but marks the beginning of the range of flow in which the
operation of individual users becomes significantly affected by inter-
actions with others in the traffic stream. The selection of speed is
affected by the presence of others, and maneuvering within the traffic
stream requires substantial vigilance on the part of the user. The
general level of comfort and convenience declines noticeably at this
level. LOS "C" peak season, peak hour, is based on the one hundredth
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(100th) highest hourly traffic volumes during a calendar year for the
various types of Roads defined by SPecial ReDOft 209, "Highway
Capacity Manual," Transportation Research Board, National Research
Council, Washington, D.C., 1985, or subsequent revisions thereto.
4.29 LOS "D" peak season. peak h~Ur represents a high-
density, but stable, flow. Speed and freedom to maneuver are severely
restricted, and the driver or pedestrian experiences a generally poor
level of comfort and convenience. Small increases in traffic flow
will generally cause operational problems at this level. LOS "D" peak
season, peak hour, is based on the one hundredth (100th) highest
hourly traffic volumes during a calendar year for the various types of
Roads defined by Special Report 209, "Highway Capacity Manual,"
Transportation Research Board, National Research Council, Washington,
D.C., 1985, or subsequent revisions thereto.
4.29.1 LOS "E" Peak season. peak hour represents
operating conditions at or near capacity. All speeds are
significantly reduced. Freedom to maneuver is difficult. Comfort and
convenience is extremely poor, and motorist frustration is generally
high. LOS "E" peak season, peak hour, is based on the one hundredth
(100th) highest hourly traffic volumes during a calendar year for the
various types of Roads defined by Special Report 209, "Highway
Capacity Manual," Transportation Research Board, National Research
Council, Washington, D.C., 1985, or subsequent revisions thereto.
4.30 Peak season. peak hour is considered to be the 100th
highest volume hour of the year, ~nd is the basic time reference used
to calculate levels of service using the definitions and methodologies
of the 1985 Hiqhwav CaPacitY Manual (or its current edition). For
planning and concurrency applications, peak season, peak hour
conditions are converted to annual average daily traffic (AADT) level
of service maximum volumes and are presented in a series of look-up
tables adopted in the Traffic Circulation Element of the Growth
Management Plan.
4.31 Ma~or ~ad Netwo[~ System means all arterial and
collector roads within the total unincorporated Collier County. The
Major Road Network System is depicted in the Traffic Circulation
Element of the Collier County Growth Management Plan.
4.32 Person means an individual, corporation, governmental
agency, business trust, estate, trust, partnership, association, two
(2) or more persons having a Joint or common interest, or any other
entity, and its designated agents, successors or assigns.
4.33 Potentially Deficient ROad Scqment means the following:
4.33.1 A County or State road segment on the Major
Road Network System whose adopted LOS standard is LOS "C" or LOS "D",
peak season, peak hour, that is presently operating at its adopted
LOS, or whose adopted LOS is LOS "D" peak season, peak hour, and has
operated at LOS "E" peak season, peak hour, for two (2) years or less,
based on the AUIR. A potentially deficient road segment which has an
adopted LOS "D" peak season, peak hour, may operate at LOS "E", peak
season, peak hour, for two (2) years before it shall become a
deficient road segment;
4.33.2 A County or State road segment on the Major
Road Network System whose adopted LOS standard is "E", peak season,
peak hour, that is presently operating at LOS "E" peak season, peak
hour, based on the AUIR.
4.33.3 In determining the capacity of a County road
segment or a State road segment for the purpose of determining whether
it is a potentially deficient road segment, the County shall consider:
4.33.3.1 any Capital Road Improvement currently in
place;
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Words underfined arc added; words struck ;;,'~-r=,;, ;, ~-
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4.33.3.2 any Capital Road Improvement that is
under construction;
4.33.3.3 any Capital Road Improvement guaranteed
in an enforceable development agreement that includes the provisions
in Subsections 4.33.3.1 and 4.33.3.2;
4.33.3.4 the actual construction of the required
Capital Road Improvement is included and is scheduled to commence in
or before the third year of the State's Five (5) Year Work Program and
the County's current five (5) year Capital Improvement Schedule
adopted as part of the Growth Management Plan; and
4.33.3.5 the Board of County Commissioners has
made an express finding, after a public hearing, that the current five
(5) year Capital Improvement Schedule is based on a realistic,
financially feasible program of funding from existing revenue sources.
4.34 Public Facilities mean capital drainage facilities,
capital park facilities, capital potable water facilities, capital
road facilities, capital sanitary sewer facilities, and capital solid
waste facilities.
SECTION TWO: AMENDMENTS TO SECTION 5, RULES OF CONSTRUCTION, OF
ORDINANCE NO. 93-82, AS AMENDED.
Section 5, Rules of Construction, of Ordinance No. 93-82, as
amended, is hereby amended to read as follows:
8JC. 5. RULES OF CONSTRUCTION.
In the construction of this Ordinance, the rules set out in this
section shall be observed unless such construction is inconsistent
with the manifest intent of the Collier County Board of County
Commissioners. The rules of construction and definitions set forth
herein shall not be applied to any provisions which expressly exclude
such construction, or where the subject matter, content or context of
such provision would make such construction internally inconsistent or
inconsistent with other provisions of this Ordinance.
5.1 Generally. All provisions, terms, phrases and
expressions contained in this Ordinance shall be liberally construed
in order that the true intent and meaning of the Collier County Board
of County Commissioners may be fully carried out. Terms used in this
Ordinance, unless otherwise specifically provided, shall have the
meanings prescribed by the statutes of this State for the same terms.
In the interpretation and application of any provision of this
Ordinance it shall be held to be the minimum requirement adopted for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of this Ordinance imposes
greater restrictions upon the subject matter than a general provision
imposed by the Growth Management Plan or another provision of this
Ordinance, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
5.2 Text. In case of any difference of meaning or
implication between the text of this Ordinance and any figure, the
text shall control.
5.3 CO~p~qtion of time. The time within which an act is
to be done shall be computed by excluding the first and including the
last day; if the last day is Saturday, Sunday or legal holiday, that
day shall be excluded.
5.4 D~Y, The word "day" shall mean a calendar day, unless
"business" day is indicated.
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Words underlined are added; words struck ;,~,.~,~, .,. ?~-',--;.d.
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5.5 Deleaation of AuthoritY, Whenever a provision appears
requiring a division administrator. the head e~ or a department of
some other County officer or employee to do some act or perform some
duty, it is to be construed to authorize the ~ivi~ion administrator.
head of the department or some other County officer or employee to
designate, delegate and authorize professional level subordinates to
perform the required act or duty unless the terms of the provision or
section specify otherwise.
5.6 Gender. Words importing the masculine gender shall be
construed to include the feminine and neuter.
5.7 Month. The word "month" shall mean a calendar month.
5.8 Non-technical and Te~hB~cql Words. Words and phrases
shall be construed according to the common and approved usage of the
language, but technical words and phrases and such others as may have
acquired a peculiar and appropriate meaning in law shall be construed
and understood according to such meaning.
5.9 ~Umber. A word importing the singular number only, may
extend and be applied to several persons and things as well as to one
person and thing. The use of the plural number shall be deemed to
include any single person or thing.
5.10 ~ball. May, The word "shall" is mandatory; "may" is
permissive.
5.11 Tense. Words used in the past or present tense include
the future as well as the past or present.
5.12 Wee~, The word "week" shall mean seven (7) calendar
days.
5.13 Fritten or In WritiDq, The term "written" or "in
writing" shall be construed to include any representation of words,
letters, or figures whether by printing or other form or method of
writing.
5.14 Year. The word "year" shall mean a calendar year,
unless a fiscal year is indicated or 365 calendar days is indicated.
SECTION THREE: AMENDMENTS TO SECTION 7, MANAGEMENT AND MONITORING
PROGRAM, OF ORDINANCE NO. 93-82, AS AMENDED.
Section 7, Management and Monitoring Program, of Ordinance No.
93-82, as amended, is hereby amended to read as follows:
SEC. 7. MANAGEMENT AND MONITORIN~ P~OGRAM~
7.1 General. In order to ensure that adequate Potable
Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road Public
Facilities are available concurrent with when the impacts of develop-
ment occur on such Public Facilities, the County shall establish the
following management and monitoring practices. Their purpose is to
evaluate and coordinate the timing, provision, and funding of Potable
Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road Public
Facilities (1) to ensure adequate planning and funding to maintain the
LOS for the Public Facilities, and (2) to evaluate the capacity of the
Public Facilities for use in the regulatory program to ensure that no
development orders subject to concurrency regulation are issued unless
adequate public facilities are available to serve the development
concurrent with when the impacts of that development occur.
7.2 aXlDual Update and Inventory Report on Public Fqcili~s
(AUIR). On or about August i of each year, the CrGwth Managamen~
e~ Community Development and EnvironmeD~al ServiCes DlviSlO~
AdministratO= shall complete an Annual Update and Inventory Report on
Public Facilities (hereinafter "AUIR"). The AUIR shall determine the
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0R: 2231PG: 1249
existing conditions of all Capital Potable Water, Capital Sanitary
Sewer, Capital Solid Waste, capital Drainage, Capital Park, and
Capital Road Public Facilities, determine and summarize the available
capacity of these Capital Improvements (Public Facilities) based on
their LOS, forecast the capacity of existing and planned public
facilities identified in the Five (5) Year Capital Improvement
Schedule for each of the five (5) succeeding years, and ten (10)
succeeding years, and identify new projects needed to maintain adopted
LOS. The forecasts shall be based on the most recently updated
Schedule of Capital Improvements (Public Facilities) for each Public
Facility. The AUIR shall be based on the most recent Bureau of
Economic and Business Research (BEBR) high-range population
projections, updated Public Facility inventories, updated unit costs
and revenue projections, and analysis of the most recent traffic count
data.
The findings of the AUIR shall form the basis for the preparation
of the Annual Update and Amendment to the CIE, any projects to be
included in the County's Annual Budget, the determination of any Area
of Significant Influence (ASI) and the review of and issuance of
development orders subject to the provisions of this Ordinance during
the next year.
7.2.1 Annual Determination of Adequate "CateqQrv A"
Public Facilities (Concurrency), On or about August i of each year,
the .................... :-' Community Development and Environmental
Services Division Administrator will present the AUIR report to the
Board of County Commissioners identifying deficiencies or potential
deficiencies in "Category A" Public Facilities and remedial action
options including but not limited to the following:
1. Establishment of Areas of Significant Influence
(ASI's);
2. Public Facility project additions to the CIE;
3. Deferral of development order issuance in affected
areas pending:
a. Lowering of LOS via Growth Management Plan
Amendment;
b. Inclusion of necessary public facility projects in
the adopted Annual Budget and Annual CIE Update and
Amendment;
c. Approval of new or increased revenue sources for
needed Public Facility projects by the Board of County
Commissioners, the State Legislature or the County
voters.
7.3 Recommendations on the Annual CIE UPdate and ADDUal
Budget. Based upon the AUIR analysis, the Gr~t~ ::an~gcmcnt C.hi~f
Community Development and Environmental Services. Pivis~oD
Administrator shall propose to the Collier County Planning Commission
and the Board of County Commissioners on or about October 1 of each
year, the Annual Update and Amendment to the CIE as part of the Annual
Growth Management Plan Amendment cycle transmtttal public hearings.
It will include the Public Facilities needed to maintain LOS as
directed by the Board of County Commissioners upon presentation of the
AUIR. The Annual Budget, which is to be adopted by October I of each
year shall also include projects and funding as directed by the Board
upon presentation of the AUIR.
7.4 ~ablishment of Area of SiGnificant Influence (ASI)
for ROadS,
7.4.1 Establishment of Area[s] of SiGnificant
Influence {ASI). If the findings of the AUIR analysis identify
additional road improvement projects needed to maintain adopted LOS,
Words underlined arc added; words struck ;,%~,,,~,~,
III ii
0R: 2211PG: 1250
they may be included in the road component of the proposed Annual CIE
Update and Amendment at the discretion of the Board. Based upon Board
direction on inclusion of additional road projects, the
............ ~-~ Community Development and Environmental Services
Division Administrator, in conjunction with the MPO Chief and
Transportation Services ' . Department Director, may propose
and identify one or more Areas of Significant Influence (ASI) around
any deficient or potentially deficient road segment (except where such
potentially deficient road segment is projected not to exceed its
adopted LOS within the first three (3) years of the five (5) year
Schedule of Improvements in the CIE Update and Amendment proposed for
transmittel on or about October l, and the estimated Annual Residual
Capacity Trips that would be allocated to those applicants for
Certificates of Public Facility Adequacy within the ASI encompassing
such potentially deficient road segment during the next year does not
exceed the remaining trip capacity). The boundaries of any ASI shall
be established pursuant to the standards in Subsection 7.2 of this
Ordinance along with the annual Residual Capacity Trips covering
potentially deficient road segments for each ASI by September 1 of
each year. No Residual Capacity Trips shall be allotted for
development in an ASI encompassing a deficient road segment.
7.4.2 Standards in Establishing Area of SiGnificant
Influence fASI].
7.4.2.1 General. The boundaries for an ASI shall
be based upon an "envelope" that surrounds major road segments. I~
general, the ASI surrounding a road segment will radiate out from the
segment a distance of one to three miles, depending upon natural or
man-made features, roadway facility type. Additionally, there may be
an overlap of ASI's due to the effect of adjacent land uses upon a
roadway segment or segments.
7.4.2.2 Standards In DeterminiDq Are~
Significant Influence ~ASI]. The .................... ~-~ Community
DevelOpment and Environmental Services Division Administrator in
conjunction with the MPO Chief and Transportation Services
A6~ Department Director shall examine traffic movement
patterns and shall then prepare a map(s) that details the location of
the proposed ASI(s). Such map(s) shall then be presented to the Board
of County Commissioners at a regularly scheduled meeting for its
review.
The following standards shall guide the
...... ~ ............ Community Development and Environmental Services
Division Administrator, MPO Chief and Transportation Services
Ae Department Director in developing these proposed ASI's:
Type of Roadwa~ Facility SCOne Of ASI
Principal Arterial Three (3) miles on each side of affected
segment and three (3) miles from each
end of affected segment.
Minor Arterial Two (2) miles on each side of affected
segment and two (2) miles from each end
of affected segment.
Collector One (1) mile on each side of affected
segment and one (1) mile from each end
of affected segment.
Rural Minor Collector One (1) mile on each side of affected
segment and one (1) mile from each ena
of affected segment.
Limited Access Facility One (1) mile from each side of the
affected segment and three (3) miles
from any access point and each segment
end.
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7.4.2.3 Determining Annual Residual Capacitv
................... ~-' Community Development and
TriPs~ The ............. ~ ............. _
Environmental Services Division Administrator in conjunction with the
MPO Chief and Transportation Services ~ Department
Director shall complete a detailed conditions analysis of the
deficient or potentially deficient road segment within each proposed
ASI boundary prior to proposing the boundaries of the ASI. The
analysis shall take into consideration characteristics of the road
segment (such as traffic control, signal spacing, timing, and phasing)
using procedures documented in the 1985 HiGhway Capacity Manual (or
its current edition). The Annual Residual Capacity Trips for the
proposed ASI covering the potentially deficient road segment shall be
based upon up to one hundred percent (100%) of the potentially
'deficient road segment's remaining capacity, measured in peak hour,
peak season trips. Thirty percent (30%) of the potentially deficient
road segment's remaining capacity shall be reserved for only those
land uses which generate one (1) peak hour trip per day or less, based
on the most recent ITE Trip Generation Rate Manual.
7.4.2 Review and APPrOVal by ~oa~d o~ CO~PtY
Commissioners. After receipt of the proposed boundaries of a
potential ASI and the proposed Residual Capacity Trips of the ASI from
the ...... L ~_~
....... ::=nagemcnt ...... Community Development and Environmental
Services Division Administrator, the Board of County Commissioners, by
October I of each year, shall hold a public hearing noticed pursuant
to the requirements of Section 125.66(5), florida Statutes, and after
consideration of the proposal and public comment, approve the
boundaries (including a map of the boundaries) and the Annual Residual
Capacity Trips of the ASI, with or without modifications, or determine
that competent substantial evidence has been placed on the record to
show that the road segment is not potentially deficient and determine
that the establishment of an ASI is not necessary to ensure that
development orders are served by adequate road public facilities. The
approved boundaries and Annual Residual Capacity Trip Allotments for
each ASI will become effective on October i of each year if additional
road improvements are not added to the Capital Improvement Element at
that time.
7.4.4 MaD Of Areas of SiGnificant Influence (ASI). A
Map showing the boundaries of each ASI established by the Board of
County Commissioners shall be kept in the Office of the Growth
Management Chic~ Community Development and EnvironmeDt~l ServiCeS
Division and the Office of the Clerk to the Board of County
Commissioners for review and inspection by the public during normal
business hours.
7.4.5 Duration of Established Area of SiGnificant
Influence {ASI]. Once the boundaries of an ASI are approved by the
Board of County Commissioners, they are valid for one (1) year, unless
otherwise dissolved.
7.4.6 PUrat~o~ of Residual Capacity Trips, Once the
Road Facility Residual Capacity Trips are approved by the Board of
County Commissioners, they are valid for one (1) year.
7.4.7 Dissolution of Area of Significant Influence
(ASI). If the additional needed road improvements identified in the
AUIR are added to the CIE or funds are available for, and committed
for construction of, the needed road improvements to eliminate the
classification of a road as a deficient or potentially deficient road
segment, then the Area of Significant Influence (ASI) established for
that deficient or potentially deficient road segment shall be
dissolved in the same manner in which it was established.
SECTION FOUR: AMENDMENTS TO SECTION 8, REGULATORY PROGRAM, OF
ORDINANCE 93-82, AS AMENDED
Section 8, Regulatory Program, of Ordinance Number 93-82, as
amended is hereby amended to read as follows:
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Words ,underlined are added; words struck ;~,,c,,,&h a~,, 4cki{d.
0R: 2231 PG: 1252
8EC. 8. REGULRTORY PROGRAM: REVIEW OF DEVELOPMENT TO ENSURE RDEOURTE
FU~LIC FACILITIES ARE RVAItR~LEv
8.1 General. In order to ensure that adequate Potable
Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road Public
Facilities are available concurrent with when the impacts of develop-
ment occur on each Public Facility, Collier County shall establish the
following development review procedures to ensure that no development
orders subject to concurrency regulation are issued unless adequate
Public Facilities are available to serve the proposed development.
8.2 ~WemDti~ns, The following development orders and
development shall be exempt from the terms of this Ordinance:
8.2.1 All valid, unexpired final Development of
Regional Impact (DRI) development orders which were issued prior to
adoption of the Collier County Growth Management Plan on January 10,
1989, except where:'
8.2.1.1 Development conditions or stipulations
applicable to concurrency, or the provision of adequate public
facilities concurrent with the impacts of development, exist in the
DRI development order;
8.2.1.2 Substantial deviations are sought for a
DRI development order, and then, nhis Ordinance shall apply only to
those portions of the development for which the deviation is sought;
8.2.1.3 An overriding concern for public health,
safety, or welfare exists;
8.2.1.4 The County can demonstrate pursuant to
Section 380.06, Florida Statutes, that substantial changes in the
conditions underlying the approval of the development order have
occurred or the development order was based on substantially
inaccurate information provided by the developer or that the
application of this Ordinance to the development order is clearly
established to be essential to the public health, safety and welfare;
or
8.2.1.5 The new requirements would not so change
or alter a DRI development order that they would materially or
substantially affect the developer's ability to complete the develop-
ment authorized by the DRI development order.
8.2.2 Construction of Public Facilities that are
consistent with the Collier County Growth Management Plan.
8.2.3 Any development orders determined by the
...... ~ .......... eL Community Development and Environmental Services
Division Administrator not to impact Public Facilities as evaluated
against the standards contained in this Ordinance.
8.2.4 Original temporary construction and development
permits and any subsequent renewals not to exceed a cumulative period
of one (1) year.
8.2.5 Development orders permitting replacement,
reconstruction or repair of existing development consistent with all
elements of the Growth Management Plan.
8.2.6 Original temporary use permits and any
subsequent renewals not to exceed a cumulative period of one (1) year.
8.2.7 Any development order or development whose
current owner is entitled to receive, and who properly obtains, a
Determination of Vested Rights for Adequate Public Facilities ("APF")
in accordance with the provisions of this Section 8.2.8.
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Words undcflinc4 arc added; words struck ~:,,,,~j, ,,,,,
0R: 2231PG: 1253
8.2.7.1 A~Dlication. An application for
Determination of Vested Rights for APF shall be submitted in the form
established by the Cro';th :~&nag~mcnt Chief Community Development and
Environmental Services Division Administrator. An application fee in
an amount to be determined by the Board of County Commissioners shall
accompany and be part of the application. The application shall, at a
minimum, include:
8.2.7.1.1 Name, address, and telephone
number of the owner and authorized applicant if other than the owner;
8.2.7.1.2 Street address, legal description,
and acreage of the property; and
8.2.7.1.3 All factual information and
knowledge reasonably available to the owner and applicant to address
the criteria established in Section 8.2.7.7.
8.2.7.2 PetermiD~tioD of ComPleteBess. After
receipt of an Appli6ation for Determination of Vested Rights for APF,
the .................... ~-' Community Development and Environmental
Services DiviSion ~dministrat9[ shall determine whether the
application submitted is complete. If he determines that the
application is not complete, the Cro~th :~anagcmcnt Chicf Communitv
Development and Environmental Services Division Administrator shall
notify the applicant in writing of the deficiencies. The
Mana9cmant ~-' Community Development and Environmental Services
Division Administrator shall tak~ no further steps to process the
application until the deficiencies have been remedied.
8.2.7.3 Bev~ew and Peter/~inat~on or
RecOmmendation by Community Development and Environmental Services
Administrator and County Attorney. After receipt of a completed
Application for Determination of Vested Rights for APF, the
............ :-~ Community DeveloDmeD~ ~Dd Environmental Services
DiviSion Administrator and the County Attorney shall review and
evaluate the application in light of all of the criteria in Section
8.2.7.7. Based on the review and evaluation, the Cro~th
~ Communi~y peveloDmeRt and ~nvironmental Services Division
Administrator and the County Attorney shall prepare a written
recommendation to the Hearing Officer that the application should be
denied, granted or granted with conditions by the Hearing Officer.
Such recommendation shall include findings of fact for each of the
criteria established in Section 8.2.7.7 to the extent that information
is presented or obtained or inclusion is feasible or applicable. If
the .................... ~-' Community Development and Environmental
Services Division Administrator and the County Attorney agree based on
the review and evaluation that the Application for Determination of
Vested Rights for APF so clearly should be granted or granted with
conditions, then they may enter into a written Stipulated
Determination of Vested Rights for APF with the owner, in lieu of the
written recommendation to the Hearing Officer and the provisions in
Sections 8.2.7.4, 8.2.7.5 and 8.2.7.6. However, any such Stipulated
Determination shall be in writing, signed by the
~ Community Development add Environmental Services DiviS~oD
Administrator, the County Attorney and the owner, and shall include
findings of fact based on the criteria established in Section 8.2.7.7,
conclusions of law for such criteria, and the determination granting
or granting with conditions, in whole or in part, the vested rights
for adequate public facilities.
8.2.7.4 Review and Determination of VeSted Riqht~
Determination for APF by Hearina Officer. Upon receipt by the Hearing
Officer of the Application for Determination of Vested Rights for APF
and the written recommendation of the Crc;t.~ ::ana~c.;cn; Chief
Community Development and Environmental Services Division
Administrator and the County Attorney, the Hearing Officer shall hold
a public hearing on the application. At the hearing, the Hearing
Officer shall take evidence and sworn testimony in regard to the
criteria set forth in Section 8.2.7.7, and shall follow the rules of
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Words ~nde, fliqed are added; words struck ;:,,,,,,,,,~, ,.,,. d~:;,,;,-d,
0R: 2231PG: 1254
procedure set forth in Section 120.57(1)(b), 4, 6, 7, and 8. Florida
Statutes, and Section 120.58(1)(a),(d) and (f), Florida Statutes, and
Section 120.58(1)(b), Florida Statutes, only to the extent that the
Hearing Officer is empowered to swear witnesses and take testimony
under oath. The Hearing Officer shall follow the procedures
established for administrative hearings in Rules 60Q-2.009, 2.017,
2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, Florida
Administrative Code except as expressly set forth herein. The parties
before the Hearing Officer shall include the County, the owner or
applicant, and the public. Testimony shall be limited to the matters
directly relating to the standards set forth in Section 8.2.7.7. The
County Attorney shall represent the County, shall attend the public
hearing, and shall offer such evidence as is relevant to the
proceedings. The owner of the property and its authorized agents, may
offer such evidence at the public hearing as is relevant to the
proceedings and criteria. The order of presentation before the
Hearing Officer at the public hearing shall be as follows: 1) the
County's summary of the application, written recommendation, witnesses
and other evidence; 2) owner or applicant witnesses and evidence; 3)
public witnesses a~d evidence; 4) County rebuttal, if any; and 5)
applicant rebuttal, if any.
8.2.7.5 Issuance of Vested Rights Determination for
APF by Hearing Officer. Within fifteen (15) working days after the
completion of the public hearing under Section 8.2.7.4, the Hearing
Officer shall consider the Application for Determination of Vested
Rights for APF, the recommendation of the .................. Chief
Community Development and EnvirQDme~tal ServiCes DiviSion
Administrator and the County Attorney, and the evidence and testimony
presented at the public hearing, in light of all of the criteria set
forth in Section 8.2.7.7, and shall deny, grant, or grant with
conditions the Application for Determination of Vested Rights for APF
for the property or properties at issue. The determination shdll be
in writing and shall include findings of fact for each of the
applicable criteria established in Section 8.2.7.7, conclusions of law
for each of such criteria, and a determination denying, granting, or
granting with conditions, in whole or in part, the vested rights for
adequate public facilities.
8.2.7.6 Appeal to the Board of county comm~ssiopers.
Within thirty (30) days after issuance of the Hearing Officer's
written determination of vested rights for APF, the County Attorney,
the C=~ew~I~ Management Chie~ Community Development and Environmental
Services Division Administrator, or the owner or its authorized
attorney or agent, may appeal the determination of vested rights for
APF of the Hearing Officer to the Board of County Commissioners. A
fee for the application and processing of an owner-initiated appeal
shall be established at a rate set by the Board of County
Commissioners from time to time and shall be charged to and paid by
the owner or its authorized agent. The Board of County Commissioners
shall adopt the Hearing Officer's determination of vested rights for
APF, with or without modifications or conditions, or reject the
Hearing Officer's determination of vested rights for APF. The Board
of County Commissioners shall not be authorized to modify or reject
the Hearing Officer's determination of vested rights for APF unless
the Board of County Commissioners finds that the Hearing Officer's
determination is not supported by substantial competent evidence in
the record of the Hearing Officer's public hearing or that the Hearing
Officer's determination of vested rights for APF is contrary to the
criteria established in Section 8.2.7.7.
8.2.7.7 Criteria for Vested Rights. This section is
intended to strictly adhere to and implement existing case law and
statutory law as they relate to the doctrine of vested rights and
equitable estoppel as applied to a local government exercising its
authority and powers in zoning, the provision of adequate public
facilities concurrent with development (concurrency), and related
matters. It is the express intent of Collier County to require
application of the provisions of this Ordinance to as much development
and property in the unincorporated areas of the County as is legally
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Words ~ndcrlincd arc added; ~vords struck ~h,~..~,;..,,.
OR: 2231 PG: 1255
possible without violating the legally vested rights which the owner
may have obtained in accordance with Florida common law and statutory
law, particularly Section 163.3167(8), Florida Statutes. The criteria
herein provided shall be considered in rendering a vested rights
determination under this section. It is intended that each case be
decided on a case by case factual analysis. An owner shall be
entitled to a positive determination of vested rights for APF only if
he demonstrates by substantial competent evidence that he is entitled
to complete his development without regard to the otherwise applicable
provisions of this Ordinance based on the provisions of Section
163.3167(8), Florida Statutes, or all three of the following require-
ments of the three-part test under Florida common law:
1) Upon some act or omission of the County, 2) a property owner
relying in good faith, 3) has made such a substantial change in
position or has incurred such extensive obligations and expenses that
it would be highly inequitable and unjust to destroy the rights
acquired.
8.2.~.8 Limitation on Determination of Vested Riqhts
for APF. A Determination of Vested Rights for APF which grants an
application for determination of vested rights for APF shall expire
and be null and void unless construction is commenced pursuant to a
final development order, final subdivision plat, or final site
development plan, within two (2) years after the issuance of the
determination of vested rights for APF under this Section 8.2.7, or
unless substantial permanent buildings have been, or are being
constructed or installed pursua~at to a valid, unexpired, final
development order of Collier County within two (2) years after
issuance of the determination of vested rights for APF under this
Section 8.2.7., and such development pursuant to a final development
order, final subdivision plat, final site development plan, final
subdivision master plan, or planned unit development master plan is
continuing in good faith. The aforementioned two (2) year time
limitation on the determination of vested rights for APF shall be
stayed during any time periods within which commencement of
construction pursuant to a final development order, final subdivision
plat, or final site development plan is prohibited or deferred by the
County solely as a result of lack of adequate public facilities to
serve the property, pursuant to this Ordinance.
8.3 Certificate of Public Facility Adec~cyv
8.3.1 General.
8.3.1.1 A valid, unexptred Certificate of Public
Facility Adequacy shall be obtained at the filing for the earliest or
next to occur of final subdivision plat, final site development plan
or building permit, provided however, any development orders except a
final local development order may be approved or issued provided they
are expressly conditioned on the issuance of a Certificate of Public
Facility Adequacy prior to building permit approval and provided the
owner and applicant proceed at their own risk and expressly waive and
release the County in writing from any and all future claims of vested
rights and equitable estoppel resulting from such conditional approval
or actions relying thereon.
8.3.1.2 At the applicantts request, the County
shall review and approve, or deny, an Application for a Certificate of
Public Facility Adequacy prior to the consideration of an Application
for Development Approval for any development order needed for a
proposed development prior to receipt of a final subdivision plat
approval, final site development plan approval, or building permit
approval.
8.3.1.3 Where the proposed development has been
issued final subdivision plat approval or final site development plan
approval prior to the effective date of this Ordinance, a Certificate
of Public Facility Adequacy shall be obtained prior to approval of the
next development order required for the proposed development.
Wo~ds undcr~incd :re addcd; words struck ~d.
0R: 2231 PG: 1256
8.3.1.4 All applicable impact fees and system
development fees for a development shall be paid into the Impact Fee
Escrow Trust Fund in the amount estimated to be due upon issuance of
the building permit(s) for the development upon or prior to issuance
of a Certificate of Public Facility Adequacy for the development,
except in the instance of a simultaneous application for a building
permit(s) and a Certificate of Public Facility Adequacy in which
case(s) all applicable impact fees and system development fees will be
paid directly into the appropriate impact fee fund at the time the
building permit(s) and Certificate are picked up by the applicant.
The payment of the estimated impact and system development fees into
the Impact Fee Escrow Trust Fund shall be applied as a credit towards
the impact and system development fees calculated and due upon
issuance of the building permit(s) for the development. Impact and
system development fees paid into the Impact Fee Escrow Trust Fund
shall be refundable upon written request to the ~rcwth/~anagamcn~e
e~re4~ Community Development and Environmental Services Division
Administrator accompanied by the surrender of the original Certificate
of Public Facility'Adequacy obtained prior to issuance of building
permit(s) for the development. Fees paid upon issuance of building
permit(s) in accordance with the applicable impact fee or system
development fee ordinances shall be refundable pursuant to the
provisions of such ordinances upon written request to the Finance
Director, Clerk of Courts.
8.3.2 Rules o~ General Applicability ~or Certificate
of Public Facility Adeauacv.
8.3.2.1 TimiDa. An Application for a Certificate
of Public Facility Adequacy may be submitted at any time, subject to
Section 8.3.1.1.
8.3.2.2 COnsolidated ~pplication. A building
permit, final subdivision plat or final site development plan shall
receive final approval only to the extent to which the proposed
development receives a Certificate of Public Facility Adequacy. The
Application for a Certificate of Public Facility Adequacy may be
submitted with an Application for Development Approval, where
appropriate under this Ordinance.
8.3.2.3 Assignability and Transferabilitv. A
Certificate of Public Facility Adequacy shall run with the land, shall
be assignable within a proposed development, and shall not be
assignable or transferable to other development.
8.3.2.4 ~xpirat~on, A Certificate of Public
Facility Adequacy shall expire three (3) years from the date of its
approval except to the extent that building permits have been issued
for the proposed development for which the Certificate is approved,
and the proposed development is then completed pursuant to the terms
of the Collier County Building Code, provided:
8.3.2.4.1 For development comprised of more
than five hundred (500) residential dwelling units, or for a phased
increment of development comprised of more than one hundred and fifty
(150) residential dwelling units, or for a commercial/industrial
development of more than 100,000 square feet of gross leasable area, a
Certificate of Public Facility Adequacy shall expire five (5) years
from the date of its approval except to the extent that building
permits have been issued for the proposed development for which the
Certificate is approved, and the proposed development is then
completed pursuant to the terms of the Collier County Building Code,
provided the certificate holder:
8.3.2.4.1.1 Obtains approval of its
Final Subdivision Plat and Final Site Development Plan, whichever is
applicable, within twelve (12) months from the date of issuance of the
Certificate of Public Facility Adequacy; and
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0R: 2231 PG: 1257
8.3.2.4.1.2 Commences construction
of the infrastructure for the Final Subdivision Plat and Final Site
Development Plan, whichever is applicable, within twenty-four (24)
months from the date of issuance of the Certificate of Public Facility
Adequacy; and
8.3.2.4.1.3 Completes the
construction of the infrastructure for the Final Subdivision Plat and
Final Site Development Plan, whichever is applicable, and records the
Final Subdivision Plat in the public records of Collier County, if
applicable, within thirty-six (36) months from the date of issuance of
the Certificate of Public Facility Adequacy.
8.3.2.4.2 For purposes of determining the
expiration of a Certificate of Public Facility Adequacy for a mixed
use development, the size of the mixed use development shall be
determined by aggregating the percentage of the threshold for each
land use component identified in Section 8.3.2.4.1 that is proposed
for the mixed use d~velopment.
8.3.2.5 Effect. Issuance of a Certificate of
Public Facility Adequacy shall demonstrate proof of adequate public
facilities to serve the development approved in the development order,
subject to the conditions in the development order. A subsequent
Application for Development Approval for development approved in a
development order for which a Certificate of Public Facility Adequacy
has been approved shall be determined to have adequate public
facilities as long as the Certificate of Public Facility Adequacy is
valid and unexpired. When a Certificate of Public Facility Adequacy
expires, any subsequent Application for Development Approval shall
require a new Certificate of Public Facility Adequacy to be issued
pursuant to the terms of this section prior to approval of any
subsequent development order for the proposed development.
8.3.2.6 Anything in this Ordinance to the
contrary notwithstanding, all Certificates of Public Facility Adequacy
approved or issued from the date that the ~rowth ::&nagcmcnt ~
CommupitY Development and Environmental Services Division
~dmipistrator presents the proposed ASI boundary maps to the Board of
County Commissioners, as provided by Section 7.4.2.3, through the date
that the boundaries and the Annual Residual Capacity Trip Allotments
for each ASI are approved by the Board shall be expressly conditioned
upon any and all restrictions, limitations, provisions, boundaries and
allotments adopted by the Board of County Commissioners pursuant to
Section 7.4.3.
8.3.3 Effect of Development AGreement in Conjunction
With a Certificate of Public Facility Adequacy. Upon approval by the
Board of County Commissioners, any applicant may enter into a Develop-
ment Agreement with Collier County pursuant to the provisions of
Section 163.3220-3242, Florida Statutes, in conjunction with the
approval of a development order and/or a Certificate of Public
Facility Adequacy. The effect of the Development Agreement shall be
to bind the parties pursuant to the terms and conditions of the
Development Agreement and the Certificate of Public Facility Adequacy
in order to insure that adequate public facilities are available to
serve the proposed development concurrent with when the impacts of the
development occur on the public facilities. Development Agreements
may address conditional development order approvals and conditions for
renewal of the Certificate of Public Facility Adequacy beyond five (5)
years, however, the duration of any Certificate of Public Facility
Adequacy shall not exceed five (5) years. Development Agreements may
also provide for private provision of public facilities or for a joint
endeavor between the private sector and Collier County to provide
public facilities. Any public facility in the Five (5) Year Schedule
of Capital Improvements in the CIE on which such a Certificate of
Adequate Public Facilities is made in conjunction with the approval of
a development order and a Development Agreement shall not be delayed,
deferred, or removed from the Five (5) Year Schedule of Improvements
in the CIE.
WoMs 9ndcriincd ar~ added; words slruck
0R: 2231 PG: 1258
8.3.4 Procedure for ~ev~ew of ADDliCatiQn,
8.3.4.1 Submission of ADDliCatiOn and ~ee. An
Application for a Certificate of Public Facility Adequacy shall be
submitted to the .................... z_. Community Develonment and
Environmental Services Division Administrator. An application shall
be submitted at the filing of the earliest or next to occur of final
subdivision plat, final site development plan, or building permit. An
application fee in an amount to be determined by the Board of County
Commissioners shall accompany and be part of the application.
8.3.4.2 Application Contents. The form and
contents for the Application for Public Facility Adequacy shall be
established by the Crowth Managemont Chief Community DeveloDment and
Environmental Services Division Administrator and shall be published
and made available to the general public.
8.3.4.3 Determination of Completeness and Review.
After receipt of an Application for Certificate of Public Facility
Adequacy, the .... ~ ............... ~-' C qi~ pmeDt and
~,.~,, .,.,,~ ......... ,,~ ommu v Develo
Environmental Services Division Administrator shall determine whether
it is complete within three (3) business days. If it is determined
that the application is not complete, written notice shall be served
on the applicant specifying the deficiencies. The Crowth Managemc-~Fe
eh~ Community DeveloPment and Environmental Services DiviSiOn
Administrator shall take no further action on the application unless
the deficiencies are remedied. Within five (5) business days after
the application is determined to be complete, the Crowth ::anagem~-~/e
et~ community DeveloPment and Environmental Services Division
~dmlnistr~tcr shall review and grant, or deny each public facility
component in the application pursuant to the standards established in
Section 8.3.5.
8.3.4.4 ~ppeal to Public Facilities Determination
Appeal Committee. Within thirty (30) days after issuance of the
determination of the Growth Man&gcmcnt Chief Community Development and
Environmental Services Division Administrator on the Application for a
Certificate of Public Facility Adequacy, the applicant may appeal the
determination of the Growth :'~anagcment Chief Community DevelopmeT~t and
~nvironmental Services Division Administrator on the Application for a
Certificate of Public Facility Adequacy to the Public Facilities
Determination Appeal Committee. A fee for the application and
processing of an appeal shall be established at a rate set by the
Board of County Commissioners from time to time and shall be charged
to and paid by the applicant. The Public Facilities Determination
Appeal Committee shall hold a hearing on the appeal and shall consider
the determination of the Growth Management Chief Community Development
and Environmental Services Division Administrator and public testimony
in light of all the criteria set forth in Section 8.3.5 of this
Ordinance. The Public Facilities Determination Appeal Committee shall
adopt the Growth M&nagemcnt Chief'~ Community Development and
Environmental ServiCes D~vision Administrator's determination on the
Application for a Certificate of Public Facility Adequacy with or
without modifications or conditions, or reject the Growth Management
e~ community Development and Environmental Services Division
Administrator's determination. The Public Facilities Determination
Appeal Committee shall not be authorized to modify or reject the
.................... z .... C ity De loDme and En ir ental
Services DiviSiOn Administrator's determination unless the Public
Facilities Determination Appeal Committee finds that the determination
is not supported by substantial competent evidence or that the ~
....... ~ ............. $ ~ommuni~y Development and Environmental Services
Division Administrator's determination is contrary to the criteria
established in Section 8.3.5 of this Ordinance. The decision of the
Public Facilities Determination Appeal Committee shall include
findings of fact for each of the criteria.
8.3.4.4.1 ~omDosition of Public Facilities
Determination Anneal Committee. The Public Facilities Determination
Appeal Committee shall be comprised of three (3) members: the Office
-20-
WoMs undcdi.cd arc added; words struck ;;.,V.E,,~, a~ J.:--;.-J.
0R: 2231 PG: 1259
of Capital Projects Management Director, or his designee; Metropolitan
Planning Organization (MPO) Coordinator, or his designee; and the
Project Review Services Manager, or his designee.
8.3.4.5 Cancellation of Certificates. Upon
notification by the ....... ::anag~mcnt
Environmental Services Division Administrator or his designee, that an
application for a Certificate of Public Facility Adequacy has been
approved and a Certificate issued, the applicant shall have thirty
(30) calendar days to pick up the Certificate and pay all applicable
impact and system development fees. If the applicant fails to pick up
the Certificate and pay the appropriate fees within twenty (20)
calendar days of notification of approval, a second notification of
pending cancellation of the Certificate will be sent to the applicant
by certified mail. If the applicant does not pick up the Certificate
and pay all applicable fees within ten (10) calendar days of
notification by certified mail, the Certificat& will be voided. In
such a case, the applicant shall then be required to apply for
issuance of a new Certificate. Certificates issued simultaneously
with building permits shall be voided if the applicant fails to pick
up the building permit and fails to pay all applicable fees within the
time period during which such building permit(s) remain(s) valid.
8.3.5 Standards for Review of Application. The
following standards shall be used in the determination of whether to
grant or deny a Certificate of Public Facility Adequacy. Before
issuance of a Certificate of Publ~.c Facility Adequacy, the application
shall fulfill the standards for each Public Facility component
(Potable Water, Sanitary Sewer, Solid Waste, Drainage, Parks and
Roads).
8.3.5.1 Potable Water Facilities,
8.3.5.1.1 The Potable Water component shall
be granted if any of the following conditions are met:
8.3.5.1.1.1 The required Public
Facilities are in place at the time a building permit is issued.
8.3.5.1.1.2 The required Public
Facilities are under construction at the time a building permit is
issued.
8.3.5.1.1.3 The required Public
Facilities are guaranteed in an enforceable development agreement that
includes the provisions of Subsections 8.3.5.1.1.1 and 8.3.5.1.1.2.
8.3.5.2 Sanitary Sewer Facilities,
8.3.5.2.1 The Sanitary Sewer component shall
be granted if any of the following conditions are met:
8.3.5.2.1.1 The required Public
Facilities are in place at the time a building permit is issued.
8.3.5.2.1.2 The required Public
Facilities are under construction at the time a building permit is
issued.
8.3.5.2.1.3 The required Public
Facilities are guaranteed in an enforceable development agreement that
includes the provisions of Subsections 8.3.5.2.1.1 and 8.3.5.2.1.2.
8.3.5.3 Solid Waste Facilities,
8.3.5.3.1 The solid waste component shall be
granted if any of the following conditions are met:
8.3.5.3.1.1 The required Public
Facilities are in place at the time a building permit is issued.
'21-
Words Vqdedined ar~ added; wo~ds struck ;,%~','r~,
2211 PG: 1260
8.3.5.3.1.2 The required Public
Facilities are under construction at the time a building permit is
issued.
8.3.5.3.1.3 The required Public
Facilities are guaranteed in an enforceable development that includes
the provisions of Subsections 8.3.5.3.1.1 and 8.3.5.3.1.2.
8.3.5.4 DrainaGe Facilities. The Drainage
component shall be granted if the proposed development has a drainage
and water management plan that has been approved by the Environmental
Services Division that meets the LOS for Capital Drainage Facilities
defined in Subsection 4.22.
8.3.5.5 Park and Recreation Facilities.
8.3.5.5.1 The Parks and Recreation component
shall be granted if.any of the following conditions are met:
8.3.5.5.1.1 The required Public
Facilities are in place at the time a building permit is issued.
8.3.5.5.1.2 The required Public
Facilities are under construction at the time a building permit is
issued.
8.3.5.5.1.3 The required Public
Facilities are the subject of a binding contract executed for the
construction of those Public Facilities which provides for
commencement of actual construction within one year of issuance of a
building permit.
8.3.5.5.1.4 The required Public
Facilities are guaranteed in an enforceable development agreement that
includes the provisions of Subsections 8.3.5.5.1.1, 8.3.5.5.1.2 and
8.3.5.5.1.3.
8.3.5.6 Road Facilities. The Road component shall be
considered based upon whether the proposed development is outside a
designated ASI or within a designated ASI.
8.3.5.6.1 DeveloPment Outside Desianated. Area of
Sianificant Influence (ASI)or Where No ASI Exists. For development
outside a designated ASI, or where no ASI exists, the Road component
shall be granted.
8.3.5.6.2 Development Within Designated Area of
SiGnificant Influence (ASIJ. For development within a designated ASI
covering a potentially deficient road segment, the Road component
shall be approved, subject to available capacity, if it is
demonstrated the proposed development will not make the potentially
deficient road segment within the ASIa deficient road segment. In
the instance where the proposed development will create a deficient
road segment, a Certificate of Public Facility Adequacy for the road
component shall be approved only for that portion of the development
that does not create the deficient road segment. For development
within a designated ASI covering a deficient road segment, the road
component shall be approved only for that portion of the development
that does not increase the net trips on the deficient road segment and
does not further degrade the IX)S of the deficient road segment.
SECTION FIVEx Conflict and SeveEability.
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 the ordinance is held invalid or
unconstitutional by any court of competent Jurisdiction, such portion
Words underfined are sddcd; words struck ;;,,~,,,&;, .,~ J,~,;;d.
*** 0R: 2231PG: 1261
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion.
SECTION SIll Inclusion in the Code of LaWs and Ordinances.
The provisions of this Ordinance shall become and be made a part
of the Code of Laws and Ordinances of Collier County, Florida. The
sections of the Ordinance may be tenumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION SEVENs Effective Date.
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this /~t day of .~3~7_~L,_ / ,
1996.
MarJ~ie M. Student
Assistant County Attorney
Wonts underfined am added; words sln~ck
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. 96-53
Which was adopted by the Board of County Commissioners on the 10th day
of September, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of September,
1996.
DWIGHT E, BROCK .. ' ......
Clerk of Courts and Clef~ .... ,'U' ....."".-
Ex-officio to Board o~-'. ~ 'jr.." '~ . ".., ".
County Commissioners i'." .... ' . '~ '..' ':
-. .-. _ .::
y: Maureen K yo.n , .., ; ~ S
·
Deputy Clerk ~. ' 'o '~ i] 2 '