Ordinance 90-024i
~J
COLLIER COUN~
ADEQUATE PUBLIC FACILITIES ORDINANCE
ORDINANCE NO. ~0--
AN ORDINANCE TO BE KNOWN AS THE COLLIER cOUN~ ADEQUATE
PUBLIC FACILITIES OROINANCE; PROVIDING FOR FINDINGS;
PROVIDING FOR SHORT TITLE. AUTHORI~ AND APPLICABILI~;
PROVIDING Fen INTENT AND PURPOSE; PROVIDING DEFINITIONS;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING GENERAL
REQUIREMENT THAT ADEQUATE PUBLIC FACILITIES BE AVAI~BLE
FOR DEVELOPMENT; PROVIDING MANAGEMENT AND MONITORING
PROGRAM. ANNUAL INVENTORY AND UPDATE REPORT. ANNUAL CIE
UPDATE OR AMENDMENT. ANNUAL BUDGe; PROVIDING THE
REGU~TORY PROGRAM TO ENSURE ADEQUATE PUBLIC FACILITIES
ARE AVAI~BLE; PROVIDING FOR LIBERAL cONSTRUCTION.
SEVERABILITY. AND PENALTIES; PROVIDING FOR EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUN~ COMMISSIONERS OF COLLIER COUNt,
FLORIDA:
SEC.l. FINDING~
1.1 Collier County. pursuant to Sec. 1~.3161. ~t. sea.. Ra. Stat.. the Florida Local Government
~mprehens~e Planning and ~nd Development Regulation Act (hereinaher "the Act'), Is requlr~ to
pre,re a~ adopt a Comprehons~e Plan; and
1.2 As ~ of that Comprehens~e Plan. the County Is requlr~ lo prepare and adopt a ~pltal
Improvement Element (CIE) which covers at least a f~e (5) year perl~ and Is deslgn~ to consider the
need for a~ location of Public Facilities; and
1.3 The CIE Is required ~o:
1.3.1 establish a level of se~lce to determine the adequacy o~ Publlc Facllltles; a~
1.3.2 based upon the establlsh~ level of se~lce, estimate Public Facility ne~3 both to
correct existing deficiencies and accomm~ate ne~s project~ by new gro~h and development; a~
1.3.3 based on Public Facility ne~s. project costs to provide the necessa~ Publlc
Facilities and find real~stic revenue sources to ~und the Public Facilities; and
1.4 Tho Comprohonslw) Plan with tho CIE Is dostgnod to onsuro that adoquato Public Facilities are
ava'.lablo concurrent with the Impact of development; and
1.5 AEer adoption of the Comprehens~e Plan. the Act mandates that Collier County adopt land
development rogula~ions ~hat implomont tho ComprohonsNe Plan; and
1.6 Sec. 163.3177(10)(h). Fla. Stat.. provides that Public Facilities and sewices ne~ to suppoA
development must bo available concurrent with ;ho Im~cts of such devolopment; and
1.7 Sec. 1~.3202(2)(g). Fla. Stat.. aisc ~;ovldes t~t not later than one (1) year a~er Its due date
established by the Stale land planning a(]ency's rule for submission of local Comprehonsivs Plann. a Iocnl
~ow~r~mo~t almll ~ot I~[m a duvul()l)mu~]l ordor or po~mlt which results In a roductlon In lhe level o~ semlcu
tot the aflect~ Public Facilities below lhe level oi se~ice provided In the ComprehensN'e Plan and CIE; and
1,8 Rule gJ-5.0055, Florida Admlnlslrallve Code (F.A.C.) requires that a concurrency rr~nagement
system must be Implemented after adoption of a Comprehensive Plan with Its CIE to ensure that Public
Facilities and services needed to support development are available concurrent with the impacts of such
development; and
1.9 On January 10, 1989, Collier County adopted the Collier County Growlh Management Plan
Including a CIE pursuant to tho requirements of Sec, 163,3161 ~, .~,, Fla, Slal,; and
1.10 The Planning Commission and Board el County Commissioners find that this Ordinance Is
consistent with and furthers the Collier County Growth Management Plan; and
1.11 It is the Intent of the Board of County Commissioners of Collier County to Implement the
'concurrency requirements" of the Collier County Growth Management Plan, Sec. 163.3177(I0)(h) and
163.3202(2)(g). Fla. Stats.. and Rule 9J-5. F.A.C.
SEC. 2. SHORT TITLE. AUTHORITY ANO APPLICABILITY.
2.1 Shot1 Tltlf'. This Ordinance shall be known and may be cited as the *Collier County Adequate
Public Facilities Ordinance ·
2.2 Authgri~y. The Board of Counly Commissioners el Collier County has the authority to adopt
this Ordinance pursuanl Io Art. VIII, Soc, $(I}, Fla, Consl,, Sec, 125.01 et..,~.Q., Fla. Slat,, Sec. 163,3161 et
sea., Fla. Slat., Sec. 163,3161 (8), Fla, Stat., Sec. 163.3177(10)(h) and 163.3202(2)(g). Fla. Stat,, and Rule 9J-
5, F.A.C.
2.3 .Aoollcablllly, This Ordinance shall apply to all development In the total unincorporated
area of Co~ller County, and to all public facilities owned by Collier County In Ihe Incorporated or
unincorporated areas of Collier County, and to all privately-owned public facilities where the level of service
has been established by lbo County.
$EC,3, INTENT AND PURPOSE
3.1 Intent, This Ordinance Is Intended to Implement and be consistent with the Collier County
Growlh Management Plan, Sec. 163.3161 et. sea., Fla, Stat., and Rule 9J-5, F.A.C., by ensuring that all
development In Collier County be served by adequate Public Facilities.
3,2 r.~L~Z.g..,1~. This objective Is accomplished by (1) establishing a management and monitoring
system to evaluate and coordinate the timing and provision o! the necessary Public Facilities to service
development, and (2) by establishing a regulatory program that ensures that each Public Facility Is available
to serve developm{,nt concurrent wilh when tho Impacts el development occur on the Public Facilities.
3.3 Minimum Req.ulrements. The provisions of this Ordinance In their Interpretatlon and
appllcalion are declared to be the minimum requirements necessary Io accomplish the stated Intent,
purposes, and obJocllvos ot this Ordlr~anco,
SEC. 4. DEFINITIONS.
4.1 Annual update ~nd Inventory ReDed or AUIR means the County report on public facilities
described in Sec. 7.2.
4.2 ADollcallon fgr D~v~lgpment APPrOval means an application submitted to Collier County
requesting the approval cf a Development Order.
4.3 ..C.a~/I.~/..D.r~laQLE~.IIItI~I! moan Ihe planning of, engineering Ior, acquisition o! land for, or
the construction ot drainage and water management lacllitles necessary Ior proposed development to meet
the LOS for Drainage Facilities.
4.4 Capital Parl~ Fa~:!lill~ mean the planning of, onglneertng for, acquisition of land for, or
conslructlon of buildings and park o¢luipmof~t necessary to moot tho LOS Ior Park Facilities.
4.5 .~d FnciUL~.t_O.~jlp.[tpl Road Imor~vement shall Include Iransportatlon planning
for, right.of.way acquisition lot, en(lhmoring for, and construction el any pro]ecl ell;,lible Ior Inclusion as a
road pro]oct In the road component of the CIE o! the Collier County Growth Management Plan or th,~ Five
Year Florida Department of Transportation Plan.
4,6 Caoltal Potable Waler Fa¢illtl~ mean the planning ot, engineering for, acquisition of land for,
or construction of potable water lacilities necessary to meet the LOS tor Potable Water Facilltles.
lot, or cO~t~lrtlctlo~l el nnt~lt~y t~uw~t facilities ~ecess~ry I0 meet tho LOS for Sanitary Sewer Facilities,
4.8 Capital Solid Wa~;te Facllitt~,~ mean the planning el. onolneorln0 for, acquisition of land for.
or constructio~ of solid waste facilities ~mcessary to meet tho LOS lot Solid Waste Facilities.
4.9 Comprehenslve Plan means a plan that meets the requirements el' Sec. 163.3177 and
163.3178, Fla. Stat., and shall mean the Collier County Growth Management Plan, where reterenced In Ibis
Ordinance,
4.10 Deficient Road Seqment means the following:
4.10.1 A County or State road segment on tho Major Road Network System that either:
4.10.1.1 has an adopted LOS 'C" peak season, peak hour, that has operated below
LOS 'C' peak so~son, peak hour, based or~ Iho Annual Update and Inventory Report ('AUIR'); or
4. I0.1.2 has an adopted LOS 'D' peak season, peak hour, that has operated below
LOS "D' peak seasr~n, peak hour, for two (2) years or more based on the AUIR; or
4.10.1.3 has an adopted LOS "D" peak season, peak hour, that Is operating below
LOS 'E", peak season, peak hour, based on Ihe AUIR; or
4.10.1.4 has an adopted LOS *E" peak season, peak hour, that Is operating worse
than LOS "E' peak season, peak hot,r, based on the AUIR.
4.10.2 Prior to October t, 1994, in determining the capacity el 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:
4.10.2.1 any Capital Road Improvement under construction or that will be under
construction during Iho review porlod:
4.10.2.2 any Capital Road Improvement that Is the subject of a binding executed
contract which provides for the commencement of construction during the review period;
4.10.2.3 any Capital Road Improvement that is Included in the State or Collier
County adopted budget; and
4.10.2.4 the construction of the required Capital Road Improvement Is Included In
the State's Five (5) Year Work Program or the County's current five (5) year Capital Improvement Schedule
adopted as part of the Growth Management Plan prior to October 1. 1994.
3
4.10.3 Effective October f0 1994. In determining the capacity el a County road eegment
or a State road eegment Ior the purpose el determining whether it Is a deficient road segment, the County
shall consider:
4.10.3.1 any Capit&l Road Improvement under construction or that will be under
construction during the r~view period;
4,10.3.2 any Capital Road Improvement that Is the subject of a binding executed
contract which provides Ior the commencement of construction during the review period;
4.10.3.3 nf~y C, nl)llnl rh')n(I In~[)r[~vf~ll~tt tirol I', I~:lt~(tod lit tho ~tr~to
C[.)tlllly ~tdoptud buduut;
4.10.3.4 tho construction el tho required Capital Road Improvement Is Included In
tho State's Five (5) Yo~r Work Program or tho County's current live (5) year Capital Improvement Schedule
adopted as part of the Growth Management Plan; and
4.10.3.4.1 The Board et County Commissioners has made an express
finding, aller 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; and
4.10.3.4.2 Tho level of service (LOS) on all roads serving the development
will not. at any time. operate below peak hour. peak season LOS "E'; and
4.10.3.4.3 The level of service (LOS) on any road ser~lng tho development
will not operate at peak hour. peak season in LOS "E' for a period el more than two (2) years except where
LOS 'E" is the LOS established in the Growth Management Plan for a particular road.
4,10,4 Dolom dotormh]htg thnt any road segment Is a deficient road eegmettt, tho Growth
Manngement Director shall undertake a detailed capacity analysis of the road segment to ensure that the
road segment's operational conditions verify that it Is a deficient road segment.
4.11 Dovolol~gJ' me~m~ af~y person, Including a governmental agency, undertaking any
development as defined in this Ordinance.
4.12 Develooment A~reement has the moaning contemplated In Sec, 163,3220 et.EO..g., Fla. Stat.
/.
4.13 Development has the meaning given It In Sec. 380.04, Fie. Stat.
4.14 Dov9Ioc, ment Or¢~r moans 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-et-
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,
4.15 Final Development Order means a final local development order or a final DRI development
order.
4.16 Fln~l DRI Development Ord~[r 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
Sec. 380.06, Fla. Stat., notice of which is recorded pursuant to Sec. 380.06(t5)(0, Fla. Stat.
4.17 Final Local DeveloPment Order means any valid, unexpired building permit Issued by the
County,
4.18 Growth ManaQem~nt Dlrf~t~r means the Gro~h Management Director or his designee.
4.19 ~r~h M~n~qement Plan or ~MP means ~he mo~t recently adopted and effect~e
Comprehens~e Plan of Collier County, as amend~ from time to time.
4,20 ~Q~~~g~j moan ordinances enacted by Collier County pursttflnt to
Sec. 1~.3161 ~t, ~., Fin, Stat., Ior tho regulation of dovolopms~t, and Includes any zoning, su~Mslon,
Impact fee, building construction, or sign regulations, or any other regulations controlling the development
el land.
4.21 ~v~l of Service (LOS) means an indicator of the e~ent or degree of so.Ice provided by,
or proposed to be provided by a Public Facility ~s~ on and related to the operational characteristics of
tho Public Facility, as adopted In tho Collier County GraPh Management Plan, LOS shall Indicate the
ca.city per unit el demand for each Public Facility.
4.22 LOS for Cepit~l Drain~ne Fecllilles varies among 1) new or existing capital drainage
iacllltlos owned or operated by a local government or other public entity, 2) existing capital drainage
[acilities own~ or operated by private persons, and 3) new ~pital drainage facilities own~ or operat~ by
private persons. For those capital drainage facilities (publicly or privately ownod) that are In exlstonco on
lbo ellocllvo (late el lhl~ or(Ihm~c~ ~nd lot lhos0 r~ow capllnl (Iralnago tacllltlos owned or oporal~ by a
local government or other public entity, lhe LOS Is the existing LOS 1o be Identified (by design storm return
frequency even~) pursuant to the completion of Ihe Collier County Water Management Master Plan, For new
capital drainage lacilitles own~ or operated by private persons, tho 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 sierra
event) and is bas~ on those standards and requirements for renewal and approval of drainage end
slormwntor mnnnoomonl plmm o~litblishod In tho Colllor Cotlnty Wntor Mm~gomo~t Policy Ordinance, etd.
No, 74.50, ns ~mond~l, which Is Incorporated heroin by reference,
4.23 LOS for C~pltal Park Facllitle~ means 2.9412 acres per 1,000 persons for regional ~rk land;
1.2882 acres per/l,000 pors~rm f~r communily park Impel; nnd $122 nl capital Inwstmont per
cHfrottl co~l) faf rocr~zttktfl~tl [~lcllltJ()~.
4.24 lOS for Ca,iisi Potable Water Facilities varies between public water syston',s a~ pr~ate
water systom~. For p[~bllc water systems, tho LOS ia 135 gallons per capita par day (gpcd), plus 21% for
non.res~ontlai development (except In tho Marco Water and Sewer District), making the lOS 1~ gpcd.
The LOS in the Marco Water and Sewer District is 200 gpcd (with no 21% adjustment). For pr~ate potable
water systems, the ~OS i~ as [o~iows, except that approved pr~ate wells ara exGmpt from those LOS
requirements:
09fi 126
p~r
- '.
~' Gallons Per
Tree of Establishment Day (GPO)
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 membcr 100
(b) per member present 2,5
(C) per employee 20
· "~ Oontlst Offices
(a) p~r wet chair 200
(b) per non-wet chair 50
Doctors offices (per doctor) 250
"' Factories. exclusive of industrial wastes
(gallons per person per shift)
· ~~ no showers provided 20
I~31 ,howors provided 3,5
Food Service Operations
': (a) ordinary restaurant (per seat) 50
(b) 24 hour restaurant (per seat) 75
(c) slngle servtce 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 el floor space 50
2. add per employee 20
(g) Institutions (per meal) 5
Hotels end motels
j.-:. (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 bullding (per employee per 8
/'..,[ hour shift) 20
i~'~'- Service stations (per water
Closet and per urinal) 250
Shopping contort wllhotl! lood or laundry
(per square loot el floor space) 0.1
,,~ Stadiums, race tracks, ball parks
,~ (per seat) 5
~i, Stores per square foot of floor space 0.1
,..,: Theatres
(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
6
Gallons Per
Tw3e of Establishment DaY ~(~pD)
(b) Travel trailer (~)vernight), with
· ~. water and sewer hook-ups (per
i,' trailer space). 100
~.. Swlmmlng and bathlng facilities, public
· (per person) 10
Churches (per seat) 3
';.i ' Hospitals (per bed) 200
Nursing, re.~t 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)
~ 1 bedroom and 600 square feet or less
,~'~,'. heated or cooled area 150
~',~ 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 C~oltal Road Facilities on the Major Road Network System varies depending on the
.:. type of road, and Is based on .~ defined peak season, peak hour. The LOS on the following County roads
is LOS 'E' peak season, peak hour:
ii!: Road Se,qment
Airport Road Pine Ridge Road to Golden Gate
Parkway
Golden Gate Parkway Airporl 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.
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, peak hour. or better.
The LOS on State 'and Federal roads shall be as follows based on peak season, peak hour:
Road Rural Area Urbanized Ares
U.S. 41 C D
S.R. 84 D D
S.R. 95t E
·: S.R. 29 C
S,R, 82 C
4,2~ LOS for Csl31tal Sanltaw Sewer Facilities varies between public sanitary sewer systems and
private sanitary sewer systems. The LOS lot public sanitary sewer systems is 100 gallons per capita per
day (gpcd). plus 21% for non-rosldenllal development, making tho LOS 121 gpcd,
The LOS for private sanitary sewer systems is as required by the State of Florida in.Chapter I0-D-
6, F.A.C. These standards vary according to tho type of land use. They are as follows, except that
approved private septic systems are exempt from these LOS requirements:
Gallons Per
T¥oe of Establishment Day .~.~PD)
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
(d) bar and cocklail lounge (per person) 30
(o) drive-In restaurant (per car space) 50
(I) carry out only
1. per 100 square feet of floor space 50
2. add per employee 20
Hotels and motels
(a) regular (par room) 100
~- (b) resort hotels, camps, cottages
(per person) 75
~":. (c) add for establishments with self
~.' service laundry lacilltles (per machine) 400
. Gallons Pa'
'rvoe of Elfabllshm~n! Day CGPDI
Office bulldlng (per worker) 20
~' Service stations (per bay) 500
!: Shopping centers without food or laundry
(per square foot el floor space) 0,1
~,.,* Stadiums, ~ace tracks, ball parks
..,; (per seat) 5
Stores (without Iood service)
· (a) private toilets, for employees only
.' (per employee) 20
~,.i. (b) public toilets (per square foot
of floor space) 0,1
Theatres
(a) Indoor, auditoriums (per seat) S
. (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 Irailer (overnight), with
water and sewer hook-ups (per
trailer space). 100
Swimming end b,'~thing facilities, public
(per person) 10
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per person) 100
i,' Parks, public picnic
(a) with toilets only (per person) 5
(b) with bathhouse, showers and toilets
i (per person)
~.~., · Public Institutions other than schools
,:~, end hospitals (per person) 100
,fl 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) b-Jardh~g-type 75
Work/Construction camps
~: Semi-permanent (per worker) 50
Residences
":? (a) single family (per bedroom) 150
(b) apartment (per bedroom) 150
!i~ (c) mobile home not In a trailer
park (per bedroom) 150
(d) other (per occupant) 75
4.27 LOS for Ca~ltal Solid Waste Facilities requires sufficlent capital solid waste facilities to
dispose of 1.55 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
rotes.
4.28 LOS 'C' oeak sea~0n, 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 Interactions
with others In the traffic.stream. Tho selection of speed Is affected by the presence el others, end
maneuvering within tho 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
tho thirtieth (30th) highest hourly Ira~fic votumos during a calendar yo~tr for tho various types of Roads
detlned by Soeclal Rooort 2Q9, 'Highway Capacity Manual," Transpodatlon Research Board, National
Research Council, Washlr~gton, D.C., 1985, or subsequent revisions thereto.
4.29 LOS "D" IZeak season. ~eak hour, represents a high-density, but stable, flow. Speed and
freedom to maneuver are severely restricted, and Ihe driver or pedestrian experiences a generally poor level
of comfort and convenience. Small increases in traffic Ilow will generally cause operational problems at this
level. LOS 'D' peak season, peak hour, Is based on the thirtieth (30th) highest hourly traffic volumes during
a calendar year for the various types of Roads defined by Special Re~or~ 209, 'Highway Capacity Manual,"
Transportation Research Board, National Research Council, Washington, D.C., 1985, or subsequent revisions
thereto.
4.29.1 [-.OS "E" peak season, peak hgpr represents operating condltlons 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 thirtieth (30Ih) highest hourly traffic volumes during a calendar year for the various types of Roads
defined by SPecial Report 209, 'Higl~way Capacity Manual," Transportation Research Board, N.~tlonal
Research Council, Washington. D.C., 1985, or subsequent revisions thereto.
4.30 ...M¢]~)r Ro~d Network 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 Managemenl Plan.
4.31 Peri, on moans er~ 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.
4.32 Potentially Deficient Road Seqment means the following:
4.32.1 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) fiscal years before it shall become a deficient road segment;
4.32.2 A County or Stale road segment on the Major Road Network System whoso
adoplod LOS stnnd~rd Is 'F*, p~nk sanson, peak hour, that Is prosontly operating at LOS "E' poak soason,
oeak hour, based on lbo AUIR.
4.32.3 Prior Io October t, 1994, In determining tho capacity of a County road segment or
a State road segment Ior the purpose el determining whether it Is a potentially deficient road segment, the
County sl~all consider:
4,32.3.1 any Capital Road Improvement under construction or that will be under
construction during the review period;
4.32.3,2 any Capital Road Improvement that is the subject of a btndlng executed
contract which provides for the cornmencoment of construction during the review period;
4.32.3,3 any Capital Road Improvement that Is Included In the State or Cailler
County adopted budget; and
t0
· ~. 4.32.3.4 the construction et the required Capital Road Improvement Is' included In
the Slate's Five (5) Year Work Program or the County's currenl five {5) year Capital Improvement Schedule
adr)pto(J as part of lbo Growth Manngomont Plan prior to October 1, 1994.
4,32,4 Effective October 1, 1994. In defermtnlng the capacity of a County road segment
or a State road sogmenl for tho purposo of doformlnlng whether It Is a potonllally doflclont road segmont,
tho County shall consider:
4.32.4.1 any Capital Road Improvement under construction or that will be under
construction during Ihe review period;
4.32,4,2 any Capital Road Improvement that Is the subject of a binding executed
contract which provides for lhe commencement ol construction during tho review period;
4.32.4.3 any Capital Road Improvement that is Included In the State or Collier
County adopted budget;
4.32.4,4 the construction of the required Capital Road Improvement Is Included In
the State's Five (5) Year Work Program or the County's current five (5) year Capital Improvement Schedule
adopted as part of the Growth Managomon! Plan, and all of the following aro mot:
4.32.4.4.1 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, lif~ancially feasible program et funding from existing revenue sources; a~d
4.32.4.4,2 The level of service (LOS) on all roads serving the development
will not, at any limo, oporalo below peak hour, poak season LOS 'E"; and
4,32.4,4,3 The level of service (LOS) on any road serving the development
will not operate at peak hour, peak season in LOS 'E' for a period of more than two (2) years except where
LOS "E' Is tho LOS established in tho Growth Management Plan tora particular road.
4.33 Pub!lc Facl!itles mean capital drainage lacllities, capital park lacilities, capital potable water
facilities, capital road faclllIIos, capital sanitary sower facilities, and capital solid wasfo lacllltles,
SEC, 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 ,,vlth Ihe manilest 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 Ihe subject matter, content or confext ol such provision
would make a~ch constructlo~ Intomnlly h~c(~nslsIonl or h~conslsIonl with olhor provisions ol lhls 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 lully carried out. Terms used in this Ordinance, unless otherwise specifically
provided, shall have Ihe meanings prescribed by the statutes of this State for the same terms.
In tho Interpretation a~d npl)llcntlon of a~y provision of this Ordinance It shall be hold to be the
mh~lmum requirement adopted for tile promotion el 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,
tho provi.~lon Impo.~ing lh~, ~lro,'tfnr rnslriclio~t or ro0utalion sh,qll bo (fe{)l~o(I Ir) t)o conlrolfil~[},
5.2 _T{~xt. In case of any difference of meaning or implication between the text of this Ordinance
and any Ilgure, lhe loxt shall control,
7'
11
" 5.3 ,..Comc)utatlon 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, ~hat day
shall be excluded.
5,4 JZItY, Tho word 'day" shall mean a calond~lr day,
5,5 Delectation of A~JthQrlty, Whenever a provision appears requlrlng the head of 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 head of tho dopnrtmnnt or sorer) olher County officer or employee to designate, delegate and
authorize profosslonnl level sLJI)of(JIn~ttos to perform Iho required act or duty unless the terms of the
provision or section specify otherwise.
r; 8 '~ ~r. Words Importing lbo mnscullno gondor sh~xll bo construed to Include the feminine and
neuter,
5,7 .Month, The word "month" shall mean a calendar month,
5.8 Nontechnlcel and Technlcal Words. Words and phrases shall be construed according to the
common and approved usage el tho langt~ago, but technical words and phrases and auch othere as may
have acquired a peculiar and appropriate moaning In law shall bo construed and understood according to
such moaning.
5,9 NtLl~b.~r, A word Importing tho singular number only, may extend nnd be applied Io sovornl
persons and firings as well as to one person and thing. The use el the plural number shall be deemed to
include any single person or thing.
;; 5,10 .[bAJJ,..J~.Y, Tho word 'shall' Is mandatory; "may" Is permissive,
:i'll' 5.11 Tense. Words used in the past or present tense Include the future as well as the past or
present.
5.12 W{~k. The word "week' shall mean seven (7) calendar days.
8,13 .,~Y.d.tJprL~r..Jl~W.[JtJBg, Tho term "wtllfon" or "In wrlllng" 6hall be cctletruod to In¢ludo any
representation of wordg, letters, or Ilguros wt~ether 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.
SEC, e,~ S_TA_ B LI~JflM Et~T._QE_MANAG EM E~I.T_~ IZ.MQ~J LT.Q[~fl~ ~~~~
~.J]_O~RAM; Ttl.l[ ANN._.U.A_.L_LhJ. Y~NTorlY AND UPDATE REPORT, CIE AMENDMENTS, ANn
~ANNUAL BUDGET,
In order to implement the mandate of the Collier County Growth Management Plan Io ensure Ihat
adequate Potable Water, Sanitary Sewer, Solid Waste, Drainer.jo, Park and Road Public Facilities are
available to accommodate development In Collier County concurrent with when the impacts of development
occur on such Public Facilities, the Board of Counly Commissioners establishes, pursuanl to the terms el
this Ordinance, (I) a nmna~lement and monllorlng program Ihat evt~lualos the conditions of Public Facllllles
to ensure they ara being adequaloly planned for and lunded to malnlain the LOS for each Public Facility,
and (2) a regulatory program that ensures that each Public Facility is available to serve development
conctJrr(lnt with Wilde tho Iml)nc.l.~ nl rJav~lopmonl ncctfr or that d[)v(?lol3m()nt or(ler,~ ara condllloao(I on tho
availability of P[~bllc Fxmtlillu~ to s~Jrvo the (IL~vLflapnmnt conch]trent with when the impacts of development
occur.
SEC. 7. MANAGEMENT AND MONTOR NG PROGRr~'I
7,1 (~eneral, In order to ensure that adequate Potable Water, Sanitary Sewer. Solid Wasle,
Draln.3oe, Park nn(I Rend Put)lin F,3c, llltlp,~ ~r~ ~v~llnhl~ c(mcurront wllh wht)n tho Impacts of development
occuf on such Public Fac~lltlo'~, the Courtly shall establish the following management and monitoring
i~- 12
;,
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) Io 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 pro§ram to ensure (a) that no development orders are Issued unless adequate
Public Facllltles are available to serve the development concurrent with when the Impacts of development
are proposed to occur, or (b) thal no dovelopment orders are issued unless they are conditioned on the
availability of Public Facilities to serve the development concurrent with when the Impacts of development
occur.
7.2 Annual Update and Inventory Reoort on Publtc Facilities {'AUIR). By May I of each year,
the Growth Management Director shall complete an Annual Update and Inventory Report on Public Facilities
(hereinafter 'AUIR"). The AUIR shall determine the existing conditions of all Capital Potable Water, Capital
Sanitary Sewor, Capttal Solid Wasto, Capital Drainage, Capital Park, and Capital Road Public Facilities,
determine and summarize the available capacity el these Capital Improvamen,'.s (Public Facilities) based on
their LOS, and torecast tho capacity of exisling and planned Public Facilities ~-Jentiflod In the Five (5) Year
Capital Improvomonl Schodtllo for each nf Iho five (5) succoo(llng years, and Ion (10) ~uccoedlng years.
Tho Iorecasts shall bo based on lbo most rocontly updated schedule el Capital Improvements (Public
Facilities) for each Public Facilily. The AUIR shall be based on the most recent Bureau of Economic and
Business Research (BEBR) populnllon prc)Jocllons, updalod Public Facility inventories, updated unit costs.
and analysis of tralflc count data.
The findings of the AUIR shall form the basis for the Annual Update lo the CIE, any prooosed
projects to be included in the County's Tentative Annual Budget, the determination of any Area of Significant
Influence (ASI) and the review of and issuance of development orders during the next year.
7.2,1 Annual De!ermln~t!on of Ade....quato :.~categor,/A" Public Faclllfl~ {Conrurr~nc¥~.
Based on the findings el tho AUIR, by May 1 el each year, the Growth Management Director will
report to the Board of County Commissioners concerning deficiencies or potential deficiencies in "Category
A' Public Facilities and remedial action oplions including but not limited to the following:
1. Establishment of Areas of Significant Influence (ASI's);
2. Public Facdi~y project additions to the CIE;
3. Deferral el devolopmom order issuance in alfected 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 C;E Update;
c. Approval of new or increased revenue sources for needed Public Facility projects
by the Board el County Commissioners, the State Legislature or the County voters,
7.3 Re(;:qmmcnd.a.tlons on the Annual CIE Updet~, and Tentative Annual Budget
Based upon analysis of the AUIR, the Growth Management Director shall propose to the Board el
County Commissioners by July 15 of each year, the Annual Update to the CIE In conjunction with the
release of the County's Tentative Annual Budget which will include the public facilities needed to maintain
adopted Level of Service Standards. The Annual Budget, which Is to be adopted by October 1 ol each year
will include projects and funding approved by the Board in the adopted Annual CIE Update,
7.4 Establi~,hment of Area of Significant Influence (ASI) for R. oad~.
7,4,1 .~_,~]~bli.~hment of,Area of Significant Influence ~ASI). II the Ilndlngs of the AUIR
Identlly additional needed road improvements they will be included In the road component of the proposed
Annual CIE Update. The Growth Management Director will determine if there Is either a deficient or
potentially deficient road segment. The Growth Managemenl Director shall propose and Identify an Area
el Significant Influence, (ASl) around any dellclont or potenllally deficlen! road segment (excepl where such
polontially deficient road segment is projected not to exceed its adoptcd LOS within the five (5) year Capital
Improvement Schedule in ihe CIE) and lho Annual Residual Capacity Tr!ps that would bo allocalod Io Ihoso
applicanl~ rn¢luosthq-} C4~rlili(:;d(:~, el P~l)li(: Fitclllty A[loqtlacy wlthh~ Ih~, I)roposod ASI covorhtO potentially
13
deficient road segments during the year. The boundaries of an ASI shall be proposed by Ihs Growth
Management Director and forwarded to the Board of County Commissioners, along with the annual Residual
Capacity Trips covering potentially deficient roadway segments for each ASI by May 1 of each year. The
proposed ASl and Residual Capacity Trips ,,~hall bocomo offoctlvo on June t ol oach year II Ihs addlllonal
needed road In~provemonts Idonttfl,.xl In tile AUIR are not added to tho CIE by June 1 of each year. No
Residual Capacity trips shall be allotted for development In an ASI covering a deficient road segment.
7.4.2 ,Slandards in Eslabli'~hlng Area ol Sll3nlrlcant Inlluence.{ASI)end. DQlormlnlng
~lt[1u{~[.J]gl[dUal. ~(ll)~iG[[y .Ti.lpg, th~ t)~)tl~'~.l~tflos tot the AL{I t~h~lll bo t)~a,)d upon uccuptud tr~nspoRatton
planning practices, and shall Inch~do Ihose areas surrounding a doliclent or potentially dollclent road
sogm~ql whnre dovolopnmnl may bo oxpoclod to placo an unroasonablo numbor of now Irlps on tho
do~lclont or polonllally doltctont road sognmnt. Tho Gro~h Managomont Director shall complete a detailed
conditions analysis ol the delicienl or potentially deficient road segment within each proposed ASl bounda~
prior to proposing the boundaries et the ASI. The analysis shall take Info consideration characteristics el
the road sogmonl (sHch fir lrnlfid conlrc,I, slan~l sp~cing, liming, nr~d phasing) using proco(IHros
documont~ In tho !g0~ Hlql~way Ca'.)acilv M0ng~l (or ils curronl edilion). Tho Annual Residual Ca~cily
Trips lot tho proposed ASI covering the potentially deficient road segment shall be based upon up to
hundr~ percent (100%) of lho potenll~lly dolJclont road sogmonfs remaining c~p~clty, moaaurod In peak
Ilo[Ir lrlp~. Thirty p~c,ml (3(1%) el Ilu~ imt~ntl~lly (luticlonl
ro~l~ lot only Ihoso Im~d uses which gm,crate one (~) peak hour trip per day or less, based on tho most
recent ITE Trip Generation Rate Manual.
7.,1.3 Reviqw and Approval by ~gard of ~gunly Comml~loner~. AEer receipl 3[ the
proposed boundaries of a potential ASI and the proposed Residual Capacily Trips et lhe ASl from the
Gro~h Managemem Direclor, the Board of County Commissioners, by June 1 of each year, shall hold a
pu~lc he~rlng nolicod purs[mnl I0 lbo roqui~om0nls el Soc. 125.68(5), Fla. Sial., ~nd ~Jlor con~ldorallon
oJ lbo proposal m~d public comment, approve lbo boundaries (including a map el 1116 boundaries) and the
Annual Residual Capacity Trips el lhe ASI, wilh or without m~ilicRlions, or determine lh~l compolonl
subBlanli~l ovl(lonco Im~ henri pl~do(I an lho r~cord Io show Ihal Ih~ rend sogmolll Is riel polonllnlly
dullclunl [Jll(J determine lhal Iha oslabllsJlmellJ of Rn ASI Is nol necossa~ lo ensure II~al dev~lopmenl orders
are se~ed by adequate road Public Facililies. The approved boundaries and Annual Residual capacity Trip
Allotments for each ASI will become otfdcllvo on June 1 of o~ch yo~r
nol ~(Idod Io lbo Cai)Itel Iml)mVOmOnl Elml~,nl nl Illnl limo.
7.4.4 .~p of Areas of Slqnificant Influence {A~I). A Map showing the boundaries et
each ASI established by the Board of County Commissioners shall be kept In the Office of the Gro~h
Management Director and lhe office o[ lhe Clerk lo Ihe Board of County Commissioners for review and
Inspection by lhe public during normal business hours.
7.4,5 ~~llshod Area of Slanlllcant Influence IASIk Once the
~u~arles of an ASI are approv~ by the Board of County Commissioners, they are valid for one (1) year,
unless othe~lse dissolve.
7.4.6 ~J~ll offs!dual Cep~clly Trl~. Once Ibc Reed Feclllly Residual C~clty
Trips are approved by the Board el County Commissioners, they are valid for one (1) year.
7,4,7 ~jl.lg]~gn 9f.~lg~G~p~co {A81}, II Ihe ~dditlonal no~ rood
Improvemonls Idonlitlod In the AUIR ere added Io lhe CIE or lu~s are available for, and commitl~
conslrucllon of, Ihe needed road improvements to eliminate the classification et a road as a derlclenl or
potentially deficient road segmenl. Ihen lhe Are~ of Significanl Inlluonco (ASI) established for lhal dolJclonl
or polenliztlly dulicJenl iO~l(J s(~gnlunl shall bu dissolved in Ihe stone illdl~Jlor Ir1 which II w~s established.
SEC. 8.REGU~TORY PROGRAM: R~VIEW 0F DEV~OPMENTTO ENSURE ADEQUATE PUBLIC
FACILITIES AR~
8.1 general. In order 1o ensure Ihat adequate Potable Water, Sanita~ Sewer, Solid Waste,
Drainage, Park and Road Public Facilities are available concurrm~l wilh when Iho Im~cls of dovolopmenl
~cur on each Publ:c F~cilily, Collier Counly slmll establish lhe Iollowlng development review procedures
Io ensure Ih~l no developmonl orders ere issued unless 8doqunlo Public F~cJllllos are ovollablo to ~ome lho
135
proposed development, or that the development order Is conditioned on the availability of Public Facilities
to serve the development concurrent with when Ihe impacts el development occur on the Public Facilitles.
8.2 ~. The following development orders and development shall be exempl from tho
terms of tills Ordinance:
8.2.1 All valid, unexpired final Development of Regional Impact (DRI) development orders
which wore Issued prior to adoption of this Ordinance except where:
8.2.1.1 Developmen! conditions or stipulations applicable to concurrency, or tho
provision of adoqunle Public Facilities concltrronl with tho Impacts of dovolopmont, exist In tho DRI
development order,
8.2.1.2 Substantial deviations are sought for a DRI development order, and then,
this 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 Tho County can demonstrate pursuant to Sec. 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 1o bo essential to Iho public
ho~llth, s[ifoly and welfare; or
6.2.1.5 The now requirements would not so change or alter a DRI development
ordor that thoy would matorlnlly or substnntlally alloct tho dovolopor's ability to complete the development
authorized by the DRI development order.
8.2.2 All valid, unexpired final local development orders issued prior to adoption of this
Ordinance.
8.2.3 Construction of Public Facilities that are consistent with the Collier County Growth
Management Plan.
8.2.4 Any development orders determined by the Growth Management Director not to
impact Public Facilities.
8.2.5 Original lemporary construction and development permits and any subsequent
renewals not to exceed a cumulative period of one (1) year.
6.2.6 Development orders permitting replacement, reconstruction or repair of existing
developmenl consistent with all elements et the Growth Management Plan.
8.2.7 All temporary use permits.
8,2.8 Any development order or development whose current owner Is entitled to receive,
and who properly obtains, a dolorrnlnatlon ol vested rights for adoquate public facilities ("APF") In
accordance with the provisions of Ibis Sec. 8.2.8.
8.2.8.1 Appl!cption. An application for Determination of Vested Rights for APF
shall bo submitted In lbo form established by Iho Growth Menagomonl Dlroclor. An application foe In an
amount to be determined by the Board el County Commissioners shall accompany and be part o! the
application. The application shaft, at a minimum, include:
8.2.8.1.1 Name. address, and telephone number of the owner and
authorized applicant if othe~' than the owner;
15
8.2.8.1.2 Street address, legal description, and acreage of the property;
and
8.2.8.1.3 All factual information and knowledge reasonably available to the
owner and applicant to address the criteria established In Sec. 8,2,8.7.
8.2.8.2 Determination of Completeness. A~er receipt of an Application for
Determination of Vested Rights for APF, the Growth Management Director shall determine whether the
application submitted Is complete. If he determines that the application is not complete, the Growth
Management Direclor shall notify the applicant in writing ol tho de[Ictancies. The Growth Managemont
Director shall lake ~to lu~lhor slops to procoss tho application until tile deficiencies have boon remedied,
8.2.8.3 ,R~vlew and D~t,~rmtnatlon qr Rff[:gmmfn, d{~tt0n by Growth
_Man+qqement Dlrecto.._r. {~nd.(~gunty Att0rngy. After receipt of a compleled Application Ior Determination
el Vested Rights for APF, [he Growth Management Director and the County Attorney shall review and
evaluate the application in light of all of the criteria In Sec, 8,2,8.7. Based on the review and evaluation, the
Growth Management Director and tho Counly Attorney shall prepare a written recommendation Io the
Hoarln~ Officer thai Iho nppllcntkm .~hoLJl(I bo donlod, gran(od or gray,led wilh conditions by tho Hoarlng
OIIIcor. Such recommendation shall include lindings of lact lot each el the criteria established In Sec.
8,2.8.7 to the e~ent that information is presented or obtained or inclusion is feasibla or applicable. If the
Gro~h Management Director 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 wi[h
condilions, then they may enter into a written Stipulated Determination o~ Vested Rights for APF with the
owner, In lieu of the written recommendation to the Hearing Officer and the provisions In Seca. 8.2.8.4,
8.2,8.5 and 8.2.8.6, However, any such Stipulated Determlnation shall be in writing, signed by tho Gro~h
Mannoemont Director, tho County AHornoy and [he owner, and shall include findings of fact based on the
criteria eslablished In Sec. 8.2.8.7, conclusions of law for such criteria, and the determination granting or
granting with conditions, in whole or in pa~, the vested rights for adequate public facilities,
8.2.8.4 ~evlew an~ D~t~rmlnall~n 9f V~st~d Rights Det~rmlnallgn for APF by
~lnq Officer, Upon receipt by the Hearing Officer of the Application for Determination of Vested Rights
for APF and the written recommendation of Iho Gro~h Management Dlroclor and the County Altornoy,
Hearing Officer shall hold fl public ho~rln~ 0~ Iho nppllcallon, Al Iho hoarl~o, tho Honrlng OIIIcor shall lake
evidence and sworn tostlmo~y h~ regard to lhe criteria set fodh In Sec. 8.2.8,7, and shall follow the rules of
proc~uro set fodh in Sec. 120.57(1)(b), 4, 6, 7, and 8, Fla. Slat., and Sec. 120.58(1)(a),(d) and (~, Fla. Stat,,
and Sec. 120.58(1)(b), Fla. Stat., only to the e~ent that the Hearing Officer is empowered to swear
witnesses and lake testimony under oath. The Hearing Officer shall follow Iho procedures established for
administrative hearings In Rules 221-6.009, 6.017, 6.020, 6.022, 6,023, 6,024, 6,025, 6,027, and 6,031, Florida
Administrative Code uxcop[ as expressly sol fodh heroin, Tho parties bolero tho Hoarlng Officer shall
hmludo the Cotmty, tho ow~r or nppllca~l, and tho publlc, Testimony shall be limited to the matters
dlroclly relating lo the standards sol fodh In Sec, 8,2.8.7, The County Attorney shall represent the County,
shall attend the public hearing, arid shall offer such evidence as Is relevant to the proce~lngs. The owner
of the properly and Its authorized agents, may offer such evidence at the publlc hearing as Is relevanl to the
proco~dlnos nn(f crilnrin Thn orrh~r nf pro~ontnllnn I),~f~)ro thn I*hmrh~u Offlc~r at tho public honrlnU shrill
be as tollows: 1) tho County's summa~ el tho application, wriHen recommendation, witnesses and other
evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) County
rebuttal, If any; and 5) applicant rebuttal, if any.
8.2.8.5 Issuance of Vested Ri~ht~ Determination for APF by Heerlnq Officer.
Within [iffeen (15) working days after the completion of the public hearing under Sec. 8.2.8.4, lhe Hearing
OHicer shall consider the Application for Determination of Vested Rights ~or APF, the recommendation el tho
Gro~h Management Director and lhe County Attorney, and the evidence and testimony presented at the
public hearing, in light of all el the criteria set fodh in Sec. 8.2.8.7, and shall deny, grant, or grant with
condilions the Application for Determination of Vested Rights for APF [or the propedy or propedles at Issao,
The detormlnatlor~ shnll bo In writing and shall h~cludo findings o~ fact for each of the applicable criteria
16
137
o~tabllahod In Sec, 8,2,0,7, conclusion,s of law lot oach of such crllorln, nnd a do(ormlnlttlon donylng,
granting, or granting wllh condlllo~s, I~ whole or In part Ihe vested rights lot adequate public lacllllles.
'8.2.8.6 A_j;~pea!to the Board of County Commlss!onerJ~, Within Ihlrty (30) days
a~tor Issuance gl tho Hearing Officer's written determination at vested rights Ior APF, the County Altorney,
the Growth Management Director. or the owner or its authorized attorney or agent, may appeal the
determination of vested rights for APF of the Hearing Otficer to Ihe Board of County Commissioners. A lee
lot Iho appllcallon ~qnd proces~h~(] c~I nn ow~mr.lnlttated appeal ah~ll bo established ,ql a into sot by tho
Board ol Cotl~ly Commissioners from limo to time nnd shall bo charged Io and paid by tho owt~or or Ils
at~thorlzed agent. The Board of County Commissioners shall adopt the Hearing Officer's determination of
vested rights for APF. with or without modillcalions or condilions, or reject tho Hearing Oflicor's
d~flormlnation of vusto(I ri(ibis Ior APF Tho Board gl County Commlsslol]ors shall ~ot bo a[Jthorlzod to
readily or reject the Hearing Officer's determination gl vested rights for APF unless the Board of County
Commissioners finds that the Hearing Oificer's determination is not supported by substantial competent
evidence In tho record of tho Hoari~g Ollicor's public hearing or that tho Hearing Oflicor'~ dotormlnallon of
vested rights tar APF ~s co~tr~try to tho criteria established in Sec. 8.2.0.7.
8.2.8.7 Criteria for Vested Riqht~. This section is intended to strtclly adhere to
and implement oxisling case law and sl,"llUlOry law as they relate to tho doctrine gl vested rights and
equitable estoppel as apl~lied to a local government exercising its authority a~d powers in zoning, the
provision of adequate public tacitities concurrent with development (concurrency), and related matt~.rs. It
is the express inlont of Collier County to require application of the provisions gl this Ordinance to as much
development end property In tim tmincorporated areas gl the Cocnty as Is legally possible without violating
the legally vested rights which the owner may have obtained in accordance with Florida common law and
statutory law, particularly Sec. 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 casa bo
decided on a casa by case f,qctual analysis. An owner shall be entitled to a positive determination of vested
rights for APF only if he demonstrates by subslantial 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 Sec, 163.3167(0), Florida Stalutes, or all three of the following requirements o! the three-part
lost under Florida common law:
1) Upon some act or omission of the County, 2) a property owner rolyi~g in good leith, 3)
has made such a subslantial change In position or has incurred such extensive obligations
and expenses that it would be highly Inequitable and unjust to destroy the rights acquired.
8.2.8.8 J.J_nlJlg. J[g..a_gn Dolormlni~tlon of Vetlod Rtohts for APF. A Determination
gl Vested Rights for APF which grants an application Ior determination of vested rights for APF shall expire
and be null and void ur~less construction is commenced pursuant to a final development order, final
subdivision plat, or final sit6 development plan. within two (2) years after the Issuance of the determination
of vested rights for APF under this Sec. 8.2.8, or unless substantial permanent buildings have been, or are
,Seing constructed or installed pursuant to a valid, unexpired, final development order of Collier County withtn
two (2) years after issuance gl the doterminalion of vested rights for APF under this Sec. 8.2.8. and such
dovolopmor~l purs~jnr~l t~ ~t I1~1 (hw~lolmmf~l order, IIr~al subdivision [~lal, Ill,al site development plan, II,mi
subdlvlslo~ maslor plan, or pla~med unit development master plan Is continuing In good faith. The
aforemenlioned two (2) year time limitation on the determination of vested rights for APF shall be stayed
during any time periods within wl~ich commencement of construction pursuant to a final development order,
lin31 subdivislo~ plal, or li~l silo dovelol)mo~t plar~ Is prohibited or deferred by tho Courtly solely as a rost~lt
of lack of adequate public facilities to serve the property, pursuanl to this Ordinance.
8.3 _C~illflcate of Public Facility Adoouacy.
8.3.1 General.
8.3.1.1 Aller fha effective date gl this Ordll~ance, a valid, unexpired Certificate of
Public Faclllly Adequacy shall be obtained at the filing for the earliest or next to occur of final subdivision
17
plat, final site development plan or building permit; provided, however, any development orders except a
final local development order may bo approved or Issued provided Ihoy are expressly conditioned on the
Issuance ol a Certificate ol Public Facility Adequacy prior to building permit approval and provldod the
owner and applicant pro(~ood at Iholr owr~ risk and expressly waive and release the County In writing from
any ar, d all future claims el vested righls and eq[Jitable estoppel resulllng from such conditional approval
or actions relying thereon.
8.3.1.2 At Ihe applicant's request, the County shall review and approve, approve
with conditions, 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, linal site development plan approval, or
bt~ilding 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
1ho proposed dovolopmof~t,
8.3.1.4 Ail applicable impact fees and system development fees for a development
shall be paid to the County in the amount estimated to be due upon issuance of the final local development
order(s) for the development upon or prior to issuance of a Certilicate of Public Facility Adequacy !.)r the
development. The payment of the estimated impact and system development fees shall be applied as a
credit towards the impact and syslom development leos calculated and due upon issuance of the final local
develol)mo~t Or(lo~(~) lot tho (lew~lol)m(mt, Such Ioos sh~ll be othorwiso paid In accordance with the
appllcablo Impact lee or system development lee ordinance, and shall be refundable pursuant lo such
ordinances only upon expiration of the Certificate of Public Facility Adequacy for that development.
8.3.2 ..~..[Jl~ ~f Oeq~ral Ap~licabi!il¥ for Cortificete of Public Facility Adeo_uacy,
8.3.2.1 Timing. An Application for a Certificate ol Public FacUlty Adequacy may
be submitted at any limo, subject to Sec, 8,3.1.1.
8.3,2.2 C0nsqlid~ted Appll~tlq)n. A building permit, final subdivision plat or final
site development plan shall receive linal approval only to the exlent to which the proposed development
rocelvos a Certificate of Public Facilily Adequacy, Tho Application Iora Certificate of Public Facility
Adequacy may be submitted with an Application for Development Approval, where appropriate under Ihls
Ordinance,
8.3.2,3 _At ttgOl~.J~J.l.ty and Trar,JJj~rablllty, A Cortilicate ol Public FactlltyAdequacy
shall run with the land, shall bo assignable within a proposed development, and shall not be assignable or
transferable lo other development.
8.3.2.4 Exj3?ati..o.p. A Certificate of Public Facility Adequacy shall expire three (3) years
Item the date of its approval except to the exlent Ihat building permits have been issued for the proposed
developmenl for which the Certilicate Is approved, and the proposed developmont Is Ihen cotnplelod
puJsuant to Ihe lerms el Iho Collier Counly Bulldl~g Coda, provided:
8.3,2.4.1 For development comprised of more than five hundred (500)
residenltal dwelling untie, or for a phased increment et development comprised of more than one hundred
and fifty (~ 50) residential dwelling unils, or for a commercial/industrial development of more lhan t00,000
square feet of gross leas3blo area, a Certilicate of Public Facility Adequacy shall expire five (5) years from
the date of Its approval except to Iho extent that building permits have been Issued lot the proposed
development Ior which tho Certilicate is approved, and the proposed develc, pment Is then completed
pursuant to the terms et the Collier County Building Code, provided the certilicate holder:
18
~i~.~ 8.3.2.4.1.1 Obtains approval of Its Final Subdivision Plat and Final
Site Development Plan. whichever is applicable, within twelve (t 2) months from the date of issuance of the
4..,, Certificate of Public Facility Adequacy; and
8.3.2,4.1.2 Commonces construcllon ol ~he 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 SubdlvtslrJn Plat and Final Site Development Plan, whichever is applicable, and records Ihs Final
Subdivision Plat In Iho public records el Collier County, If applicable, within Ihldy.slx (36) months Irom tho
date ol Issuanc~ ol tho Certificate el Public Facility Adequacy,
8.3.2.4,2 For purposes of determining the expiration of a Corlllicato el
Puhlin Fncillly Adr~quncy far n mlx~d Ilnn d(~vf~lc~l')m~mt, lira al,"() ()t the mix()(I ii.fl, t3 (li)volOl3rlli)nt -hall ho
dutermlnu(I by aggreg~ttlng the i)efcentago et the threshold Ior each land use component Identified In Sec.
8.3.2.4.1 that ts proposed for the mixed use development,
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
Approv,31 Ior 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 p5 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 Certilicate of Put'llc
Facility A(Ioqumcy to bo I~,u,~(I j)llr~ll,'ll~ll lO lhll l{lrtlltl Of tl~la SoCllOn prior tO approval OI any 8ubaoqL~ont
developmenl order for tho proposed developmenl.
8.3.2.6 Anylhing In lhis Ordinance to the contrary notwilhstandlng, all Certilicates
of Public Facility Adequacy approved or issued from lhe date lhal lhe Growth Management Director releases
the AUIR Io the public through lhe date that the approved boundaries and the Annual Residual Capacily Trip
Allotments for each ASI become olfocltvo shall bo expressly conditioned upon any and all reslrlcllons,
limitations, provisions, [)oun(lnrll,s lind nliolmonts edoplod by the Board el County Commissioners pursuant
to Sec. 7.4.3.
8,3.3 Effect of Development Aqreem?pt In Conjunction wi!h a Certificate of Pgbll~:
Facility Ade(~uac,.y... Upon approval by the Board of County Commissioners, any appllcanl may enler Into
a Development Agreement wilh Collier County pursuant to the provisions of Section 163.3220-3242, Florida
Statutes (1909), in cc, njuncIIon wi/h tho approval of a development order and/or a Cedillcato el Public
F~cillty Adequacy, Tho efluct of tho Development Agreement shall be to bind Iho parties pursuant lo tho
tem~s and conditions el tho Development Agreement and the Certificate et Public Facility Adequacy In order
lo Insure that adequate Public Facilities are available to serve the proposed development concurrent with
when the impacts el the development occur on lho Public Facilities. Development Agreements may
address conditional developmon! order approvals and conditions tor renewal of tho Certificate el 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 thc Five (5) Year Schedule of Capllal Improvements In the CIE on which such a
Certificate of Adequate Public Facililies 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 el
Improvements in tho CIE.
8.3,4 ,.Procedure for Review of Application.
8.3.4.1 Submission 01 Application and Fee. An Application for a Certificate of
Public Facility Adequacy shall be submitted to the Growth Management Director. An application shall be
19
submitted at the f~Ing of the earliest or next to occur of final subdlvlslon plat. final site development plan,
or building permit. An application fee in an amount to be determined by the Board of Coun;y
Commissioners shall accompany and be part of the application, except that no application fee shall be
required for an Application of Public Facility Adequacy subm~ed in conjunction with an application for a
final subdivision plat, a final site development plan, or a building permit.
8.3,4.2 ./~pllcatlon Conl~l!f~. The form and contents for the Application for Publlc
Facility Adequacy shall be established by the Growth Management Director and shall be published and
made available to the general public.
8.3.4.3 Determination Of Complet{;nes~ an{! R{~vlew. After receipt of an
Application for Certilicate of Public Facility Adequacy, tho Growth Management Director shall determine
whether It Is complete within ten (10) days. If It is determined that the application Is not complete, written
notice shall be served on the applicant specifying the deficiencies. The Growth Management Director shall
take no further action on the application unless the deficiencies are remedied, Within twenty (20) days al~er
the application is determined to be complete, the Growth Management Cirector shall review and grant, grant
with conditions, or deny each Public Facility component In the apphcation pursuant lo tho standards
established in Sec. 8.3.5.
8,3,4,4 ~pl~LLo...P~f..bllc Faglllttea O._9~rrnlnal!on Appeal Conlrntttee, Within
thirty (30) days alter Issuance of tho determination el the Growth Management Director on the Application
for a Certificate of Public Facility Adequacy,the applicant may appeal the determination of the Growth
Management Director on the Application for a Certificate of Public Facility Adequacy to the Public Faci:itles
Determination Appeal Committee. A fee lot the application and processing of an appeal shall be estal2!.~.hed
at a rate set by the Board of County Commissioners from time to time and stlall be charged to and paid by
the applicant. The Public Facilities Determination Appeal Committee shall hold a hearing on the appeal and
shall consider tho dolormlnation el the Growth Management Director and public testimony In II~ht el all the
crlterl~ set Iorth in Sec. 8.3.5 el tl~is Ordinance. 1'ho Public Facilities Determination Appeal Committee shall
adopt the Growth Management Director's determination on the Application for a Certificate of Public Facility
Adequacy with or wilhout modifications or conditions, or reject the Growth Management Director's
determination. Tho Public Faclli[ios Determination Appeal Committee shall not be authorized to modily or
reject Ihe Growth Management Director's determination unless the Public Facilities Determination Appeal
Committee finds that the determination is not supported by substantial competent evidence or that the
Growth Management Director's determination is contrary lo the criteria established In Sec. 8,3.5 of this
Ordinance. The decision of the Public Facilities Determination Appeal Committee shall include findings el
fact for each of the criteria.
8.3,4,4.1 .M~ke-up Of Publi~ Facilities Determlnatl0n Appeal Committee. The
Public Facilities Detormina:!on Appeal Committee shall be comprised of three (3) members: an Assistant
to the County Manager; Metropoltlan Planning Organization (MPg) Coordinator, or his designee; and tho
Prelect Rovlew Services Manager, or his designee.
8.3.5 .~;tanderds for Revlgw (~f Appliqaflon. The following standards shall be used In the
deterrnlnation of whether to grant, grant with conditions, or deny a Certificate of Public Facility Adequacy.
Before Issuance of a Certificate of Public Facility Adequacy, the application shall fulfill the stendards for
each Public Facility component (Potable Water, Sanitary Sewer, Solid Waste, Drainage, Parks and Roads).
8.3,5,1 Potable Water Faclllfles,
8.3.5.1.1 Beginning with the effective date of the Growth Management Plan
Implernentallon through September 30, 1994, 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. or a building permit is issued subject to a condition that the necessary facilities
will be in place when the impact of development occurs.
8.3.5.1.1.2 Tho required Public Facilitles are under construction
at the time a building pea:mit Is Issued.
8.3.5.1.1.3 The required Public Facilities are the subject of a
blndlng contract executed for the construction of those Public Facilities at the time a building permit Is
Issued.
8.3.5.1.1.4 The construction ol required Public Facilities has been
Included In the County's adoptod budget at the time a building permit is issued even though the Public
Facilltios are not yot tho sublect ol a binding contract for Ihelr construction,
8,3,5.1.1.5 The construction ol Capital Potable Water Facilities
required to accommodate the impact of development occurring before October t, 1994, is scheduled in the
Counly's Schedule el Capital Improvements prior Io October t. 1994. The Schedule o[ Capital
Improvements shall be based on a realistic, financially feasible program el lunding from existing revenue
sources and shall be adopted as a part el Iho Growth Managomont Plan. A plan amondment Is roqulrod
lo ollmlnato, dolor or delay construction of any *Category A" Public Facility In the Schedule of Capital
Improvements which is needed to maintain the adopted Level of Service standard. The development order
issued pursuant to a Certilicate of Public Facility Adequacy is expressly conditional so that the develc, i)ment
order shall be suspended and no t[~rther development shall be carried gu! in the event any el the IoPowin0
occur wilhotJt a correspondir~g Growlh Management Plan Amendment:
8.3.5.1.1.5.1 The required Capital Potable Water Facilities
are delayed, dole,od, or removed hem tho adopted Schedule el Capllal Improvemenls.
8.3.5.1.1.5.2 Annual funding is insufficient to maintain the
Capital Potable Water Facilities Projects in the Schedule of Capital Improvements.
8.3.5.1.1.5.3 Construction of the required Capital Potable
Water facility or facilities Is not undertaken In accordance with the adopted Schedule of Capital
Improvements.
8.3,5.1.1.6 The construction of required Capital Potable Water
facllillos scho(lulod In lbo Cr)tmty'.~ Schedule of Capital Improvome~fls prior to Oclobor 1, 1994 will riel bo
delayed, dolorrod or r~.,movud Item lbo Capital Imp~ovomo~t Element It tho lactllties have been relied upon
lot lbo Issuance of a development order.
8.3.5.1.2 Effocllvo Octobor 1, 1994, tho Potable Wator component shall be
granted If any el the Iollowing conditions are met:
8.3.5.1.2.1 Capital Potable Water Facilities are In place to provide
the proposed development sulficlent services based on the LOS for Capital Potable Water Facilities, and a
commitment of capacity to serve the proposed development has been received from the Potable Water
System that will service tho proposed developmonl;
8.3.5.1.2.2 The Capital Potable Water FacUlties that will provide Ihe
proposed development sufficient services based on the LOS for Capital Potable Water Facilities Is under
construction, a commitment of capacity to serve the proposed development upon completion of
construclion has been received from the appropriate Potable Water System, and commencement of
construction of the proposed development is conditioned on the completion of the Capital Potable Water
Facilities to service the proposed development;
8.3.5.1.2.3 The required public facilities are the subJecl of a binding
contract executed for the construction gl Ihese public facilities at the time a building permit is Issued;
8.3.5.1,2.4 The construction et Ihe required public lacllltles has
boen Included In tho County's adoplod budget al Ihe time a bulldlng permit Is Issued even though the public
facilities are not yet the subject of a binding contract for their conslrucllon;
8.3.5,1.2.5 The Capital Potable Water Facilities that will provide tho
proposed dovolopmonl sufllclent services based cq tho LOS for Capital Potable Water Facilities are
committed to be provided by the applicant, and Issuance of a building permit for any portion of the
development Is conditioned on tho completion of Iho Capital Potable Water Facilities to service tho proposed
dovelopmont; or
8.3.5.1.2.6 Capital Potable Water Facilities are available to provide
the proposed development sufficient services based on the LOS for Capital Potable Water Facilities. and
Issuance of a buildinG permil for any portion of the development is conditioned on tho demonstration of
receipt of ~l commitment of capacity hem tho Potable Water System Ihat will service the proposed
development.
8.3.5.2 .~anit~y_.,~,.wer Facllitl~t,
8.3.5.2. I Beginning with the effective date of the Growth Management Plan
Implementation through September 30. 1994. tho Sanitary Sewer component shall bo granted If any of tho
followtn0 conditions are mot:
8.3.5.2.1.1 The required public facilities are in place at the time a
building permit is issued, or a building permit Is Issued subject to a condition that the necessary facilities
will be in place when the impact of development occurs.
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 the subject of a
bl,';ding contract executed for the construction of Ihose Public Facilities at the time a building permil Is
issued.
8.3.5.2.1.4 The construction of required Publlc Facilities has been
Included In the County's adopted budget at the time a building permit Is Issued even though the Public
Facilities are not yet the subject of a binding contract for their construction.
8.3.5.2.1.5 The construction of Capital Sanitary Sewer Facllltles
required lo accommodate tho impact of development occurring before October 1, 1994, Is scheduled In the
County's Schedule gl Capital Improvements prior to October I. 1994. The Schedule of Capital
Improvements shall be based on a realistic, financially feasible program of funding from existing revenue
sources and shall be adopted as a part of the Growth Management Plan. A plan amendment Is required
to eliminate, defer or delay COnSlruclion gl any "Category A' Public Facilily In the Schedule of Capllal
Improvements which is needed lo maid,lain tho adopted Level of Service standard. The development order
Issued pursuant to a Cenilicate gl Public Facility Adequacy is expressly conditional so that the development
order shall be suspended and no furlher development shall be carried oul in the event any of the following
occur without a corresponding Growth Management Plan Amendment:
8.3.5.2.1.5.1 The required Capital Sanitary Sewer Facilities
are delayed, deferred, or removed from lhe adopted Schedule of Capital Improvements.
8.3.5.2.1.5.2 Annual funding is insufficient to malntaln the
Capilal Sanitary Sewer Facilities projects in the Schedule of Capilal Improvements.
22
8.3.5.2.1.5.3 Construction of the required Capital Sanitary
Sewer facility or facilities' is not underlal<en in accordance with the adopted Schedule el Capital
Improvements.
8.3.5.2.1.6 The construction of required Capital Sanitary Sewer
lacllitles scheduled In the County's Schedule of Capital Improvements prior to October 1, 1994 will not be
delayed, deferred or removed from lho Capital Improvement Element II the lacilitles have boon rolled upon
for the Issuance el a development order.
8.3.5.2,2 Effective October 1, 1994. the Sanitary Sewer component shall be
granted Il any el tho Iollowlng conditions are mot:
8.3.5.2.2.1 Capital Sanitary Sewer FacUlties are in place to provide
the proposed development sufficient services based on the LOS for Capital Sanitary Sewer Facilities. and
a commitment et capacity to serve the proposed development has been received from [he Sanitary ~ewer
System that will service tho proposed development;
8.3,5.2.2.2 Tho Capital Sanitary Sawer Faclltllos that will prov,do
the proposed development aulllch)~t services based on tho LOS lot Capital Sanitary Sewor Facl!ltlo$ Is
u~'dor construction, a commltmonl el capacity to serve tho proposed development upon completion of
construction has been received from the appropriate Sanitary Sewer System, and commencement of
conslrt~cllon of tho proposed development is condillonod on lbo complolion el Iho C~tpilnl Snnltary Sower
Facilities Io service the proposed developmenl;
5,3.5.2,2.3 Tho required public facilities are the subject of a binding
contract executed for the construction o[ these public facilities at the time a building permit is issued;
8.3.5.2.2.4 The construction et the required public facilities has
been included in Ihe County's adopted budget at the time a building permit Is issued oven though tho public
facilities are not yet tho subloct el a binding contract for their construction;
8.3.5.2,2.5 The Capital Sanitary Sewer Facilities that will provide
the proposed development sutflclont sorvtcos basod on Iho LOS Ior Capital Sanitary Sewor Facilitlos are
committed to be provided by tho applicant, and issuance ota building permit for any portion el the
development is conditioned on the completion of the Capital Sanitary Sewer Facilities to service the
proposed development; or
8.3.5.2.2.6 Capital Sanitary Sewer Facilities are available to provide
the proposed development sufficient services based on the LOS for Capital Sanitary Sewer Facilities, and
Issuance el a building permit Ior any portion of tho dovelopmonl Is condlilonod on the domonstretlon o!
receipt of a commitment of capacity from the sanitary sewer facilities that will service the proposed
development.
8.3.5.3 Solid Waste Facilities.
8.3,5.3.1 Beginning with lhe effective date of the Growth Management Plan
Implementation through September 30, 1994, the Solid Waste component shall be granted I! any of the
lo, lowing conditions are mol:
8,3,5,3,1,1 The required public facilities are In place at the time a
building permit is Issued, or a building permit Is Issued subject to a condillon that the necessary facilities
will be In place when the impact of development occurs.
8.3,5,3,1,2 The required Public Facilities are under construction
at the time a building permit Is Issued.
e,3,$,3.1.3 Tho roqulrod Public Facilities are the subject of a
binding contract oxectltod for tho construction al those Public Facilities at the time a building permit Is
Issued.
8.3.5,3.1.4 The construction al required Public Facilities has been
Included In the County's adopted budget at the time a building permit Is Issued even though the Public
Facilities are not yet the subject al a binding contract for their construction,
6.3,5.3.1.5 The construction of Capital Solid Waste Facilities
required to accommodate tho Impact of development occurring before October 1o 1994, Is scheduled In tho
County's Schedule al Capital Improvements prior to October I, 1994. The Schedule of Capital
Improvements shall b~ based on a realistic, financially feasible program of funding from existing revenue
sources and shall be adopted as a part of the Growth Management Plan. A plan amendment is required
to eliminate, dolor or delay construction of any 'Category A" Public Facility in tho Schedule of Capital
In~provenlents which Is needed to maintain the adopted Level of Service standard. The development order
issued pursuant Io a Certificate of Public Facility Adequacy is expressly conditional so that the development
order shall be suspended and no further development shall be carried out in the event any of the following
occur wilhout a corresponding Growth Management Plan Amendment:
8.3.5.3.1.5.1 The required Capital Solid Waste Fc,"ilillos
are delayed, deferred, or removed from tho adopted Schedule el Capital Improvomonls.
8.3.5.3.1.5.2 Annual funding is insufficient 1o maintain the
Capital Solid Waste Facilities Projects in the Schedule of Capital Improvements.
8.3.5.3.1.5.3 Construction of the required Capital Solid
Waste facilities is not undertaken in accordance with the adopted Schedule of Capital Improvements.
8,3,5.3.1,6 Tho construction ol requirod Capital Solid Waste
;" facilities scheduled In the County's Schedule of Capital Improvements prior to October 1. 1994 will not be
delayed, delerred or removed Item the Capital Improvement Element if the facilities have been relied upon
for the issuance of a development order,
8.3.5.3.2 Effective October 1, 1994, the Solid Waste component shall be
granted If any et the following conditions are met:
'L
8.3.5.3.2.1 Capital Solid Waste Facilities are In place to provide
the proposed development sulficienl services based on the LOS for Capital Solid Waste Facilities, and a
cornmilmonl of capactly Io so~u lbo I)roposod development has been received from tho Environmental
Sorvtcos Division;
8.3.5.3.2.2 The Capital Solid Waste Facilities that will provide the
· i'~' proposed development sufficient sorvtcos based on Iho LOS Ior Capital Solid Waste Facilities are under
;..' construction and a commitment of capacity to serve the proposed development upon completion of
construction has been received from the Environmental Services Division; or
8.3.5.3.2.3 The required Public Facilities are the subject of a
binding contract executed for the construction of those Public Facilities at the time a building permit is
Issued,
8.3.5,3.2.4 The construction el required Public Facilities has been
Included In the County's adopted budget at the time a building permit is Issued even though the Public
Facililies are not yet the subject el a binding contract for their construction.
8.3.5,4 DralnaQe Facllllles. 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
8,3.5.5 Park and Recreation
8.3.5.5,1 Beginning wllh the effective date of the Growth Management Plan
In~plementatlon lhrough Sol~tornbor 30, t994, the Perks and Recreation component shall be granted II any
of Ihe following conditions are met:
8.3.5,5.1.1 The required public facilllles ara In place at the lime a
building permit is issued, or a building permit is issued subject to a condition that the necessary facilities
will be in place when the impact of development occurs.
8.3.5.5.1.2 The required Public Facilities are under cons;ruction
at the time a building permit Is issued,
8.3.5.5.1.3 The required Public Facilities are the subject el a
binding contract executed for the construction of those Public Facilities at the time a building permit Is
Issued.
8.3.$.5.1.4 Thc construction of required Public Facilities has been
Included In Ihe County's adopted budget at the time a building permit Is Issued even though the Public
Facilities are not yet the subject of a binding contract for their conslruclion.
8.3.5.5. t.5 Tho construclto~l of Capital Park Facilities required to
accommodate the Impact of development occurring before October t. 199,~. Is scheduled in the County's
Schedule el Capital Improvements prior to October 1. 1994. The Schedule of Capital Improvements shall
bo based on a realistic, tlnanclally fonslble program el funding Item existing revenue sources and shall bo
adopted as a part of the Growth Management Plan. A plan amendment Is required to eliminate, defer or
delay construction el any 'Category A" Public Facility tn the Schedule of Capital Improvements which Is
needed to maintain the adopted Level el Service standard. Tho development o~der Issued pursuant to a
Certificate el Public Facility Adequacy Is expressly conditional so that the development order shall be
suspended and no further development shall be carried out in the event any of the following occur without
e corresponding Growth Mnl~onmm~l Plnn Amonclmont:
8.3.5,5.1.5.1 Tho required Capital Park Facilities are
delayed, deferred, or removed from the adopted Schedule of Capital Improvements.
8.3.5,5.1.5.2 A~mual funding Is insufficient to maintain the
Capital Park Facilities Projects in the Schedule of Capital Improvements.
8.3.5,5.1.5.3 Cortstructlon of tho roqulred Capital Park
facility or facilities Is not undertaken In accordance wilh the adopted Schedule et Capital Improvements.
8.3.5.5.1.6 Tho crmstrt~cIIo~ r)l ro(lt~lro(I Capltr~l Pnrk fnclllllos
8ch(~(Jtllod In Iho Co~ty'~ Schu(h~Io of Cnptlal Improvomor~ts prior to October 1. 1994 will not be delayed.
deferred or removed tram the Capilal Improvement Element if the facilities have been relied upon for the
Issuance of a developmenl order.
..
8.3.5.5.2 Effective October 1. t994. the Park component shall be granled
II any of the following conditions are met:
8.3.5.5.2.1 Capital Park Facilities are In place to provide the
proposed developrhent suF. Icient services based on the LOS for Capital Park Facilities;
25
8.3.5.5.2.2 The Capital Park Facllltles that will provide the proposed
development sufficient services based on the LOS for Capital Park Facilities are under construction;
8.3.5.5.2.3 The required Public Facilities are the sublect of a
binding contract executed for the construction el those Public Facilities at the time a building permit Is
Issuod,
8.3.5.5.2.4 The construction of required Public Facilities has been
Included in the County's adopto(] budget at the time a building permit Is issued even though the Public
Facilities are not yet tho subject of a binding conlract for their construction.
8,3,5,5.2,5 Tho C~pltal Park Fncilillos that will provldo tho proposed
dovolopmunt sulllclont services basud on tho LOS lot C~plt~l Park Faclhtlos aro Includod In tho Colllor
County adopted annual budget; or
8,3.5.6 Road Facilities. The Road component shall bo considor~ based upon
whether the proposed development Is outside a destgnat~ ASI or within a designated ASI.
e.3,s.e.1 ~~t~ig~~gn!flcant
hl!luence (ASllor Where No ASI Exlttt, For development outside a designated ASl, or whero no ASl
exists, the Road component shall be granted.
8.3.5.6.2 Development Within Desl~nated Area of Sl~nlflcant Influenc~
(A~I). 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 polontlally dollclent road segment within the ASIa deficient road segment, In the Instanco
where lbo proposed development will croate a deficient road segment, a Cedificate of Public Facility
Adequacy for the road component shall be approved only for that portion of the development that does not
create lho deficient road segment, For development within a designated ASI covering a deficienl road
SJtgl11011J, lho roml COml)~,~(ml shall bo al)proved only far thal portion of II~o dovolopmonl Ihat does not
increase lho net trips on lbo deficienl road segment and does nol tudhor degrade tho LOS ol lbo deficient
road segment.
SEC. 9. LIBERAL. CgN~T~UCTION, ~V~RABILI~, AND PENAL~ PRgVI~ION.
9.1 The provisions el this Ordinance shall be liberally construed lo effectively car~ oul its purpose
in the interest of lhe public health, safety, welfare and convenience.
9.2 If any section, phrase, sentence or podlon of Ibis Ordinance Is for any reason held Invalid or
unconstitutional hy nny cnHrl of compolonl JJlrlsdlcllon, stlch podlon shnll bo doom~ a eo~rnlo, dlstlncl,
and Independent provision, and such holding shall nol ~Ifecl tho validity of the remaining potion.
9.3 A violation of this Ordinance shall be a misdemeanor punishable according to law: however,
in addition lo or in lieu of any criminal prosecution, Collier County shall have the power lo sue in cml coud
Io enforce the provisions of lhJs Ordinance.
SEC. 10. EFFECTIV~ DATE.
10.1 This Ordinance shall take effect upon receipt of official ackno~gement by the Clerk of the
Board of County Commissioners from lhe Depadment of State, that this Ordinance has been fll~ with the
Depa~menl et State.
.. DONE AND ORDERED In regular session, this 2[ day o! ~._~b 1990.
:i' BOARD OF COUNTY COMMISSIONERS
i~ At, est: ~' "' ~" ' COLLI~R.~NTY, FLORIDA
~r~ ~-/~'~-~ ~hai~ma, , ~ ~. ~SS~, JR.
~unty Attorney ,,~
~ls o~l~nce filed wlt~ t~
~ ~l~nt ~f that
L'~.LIER\R[VtSION.89k (3/25/90)
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 90-24
which was adopted by the Board of County Commissioners on
the 21st day of March, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of Msrch, lgg0.
i!- JAMES O. GILES
Clerk of Courts and Cle~'~ ' '
i:i: Ex-officio tO Board of']' '"'~'
County Commissioners "' "
.,,,-
!3 J ,.I'~ "
~:,
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