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Ordinance 89-024ORDINANCE NO. 89 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-6, AS AMENDED, THE '/COLLIER COUNTY SUBDIVISION REGULATIONS", _!/FOR THE UNINCORPORATED AREA OF COLLIER ?.,':'COUNTY BY AMENDING ARTICLE V, DEFINITIONS ,~[~OF COUNTY ENGINEER, DIRECTOR, AND .i~DEPARTMENT OF COMMUNITY DEVELOPMENT; ~=._AMENDING ARTICLE VII, ENTITLED VARIANCES, EXCEPTIONS AND MODIFICATIONS, TO SUBSTITUTE DIRECTOR FOR SUBDIVISION REVIEW COMMITTEE AND REVISE PROCEDURES TO ACCOMMODATE REORGANIZATION OF THE DIVISION OF COMMUNITY DEVELOPMENT SERVICES; AMENDING ARTICLE VIII, TO PLACE ADMINISTRATION OF THE SUBDIVISION REGULATIONS IN THE OFFICE OF THE DIRECTOR OF DEVELOPMENT SERVICES, TO TRANSFER THE FUNCTIONS OF THE SUBDIVISION REVIEW COMMITTEE TO THE DIRECTOR, AND TO PROVIDE THE MANNER IN WHICH SUBDIVISION REVIEW ACTIVITY WILL BE CONDUCTED; AMENDING ARTICLE IX, STANDARD PROCEDURES, TO ESTABLISH PROCEDURES AND PLAN INFORMATION CONTENT FOR SUBMISSION OF SUBDIVISION MASTER PLAN; AMENDING ARTICLE IX, INCORPORATING REFERENCE TO COLLIER COUNTY ORDINANCE NO. 88-76, AS AMENDED, THE "COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE"; AMENDING ARTICLE XIII TO INCORPORATE SPECIFIC REFERENCE TO PRELIMINARY AND FINAL INSPECTIONS AND REQUIRED SECURITY PERFORMANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed amendment is in the interest of textual clarity for present and future interpretation; and WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 76-6 the "Collier County Subdivision Regulations" for the Coastal Area Planning District, Collier County, Florida, on February 17, 1976; and WHEREAS, in an effort to improve the expediting of reviews and as a result of review responsibility revisions to th~ Division of Community Development Services, the responsibility for administering the "Collier County Subdivision Regulations", as amended should be the Development Services Director of the Division of Community Development Services; and WHEREAS, amending the Subdivision Regulations as they Words-s~H=k-%h~H~h are deleted; words ~ are added. --1-- rllate to the above matters requires revision to several articles to make possible the restructuring of the administrative and review function; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMHISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The "Collier County Subdivision Regulations", Ordinance No. 76-6, as amended, Article V, Definitions of "County Engineer", "Department of Community Development" and "Director", shall be amended to read as follows: COUNTY ENGINEER - The term County Engineer for the purposes of this Ordinance shall refer to a licensed DrofessiQnal ~aineer acting as the Pro4ect Review Services Manager within the Division of Community Development. or the Development Services Oirector within the Division of Community Development Services. or his staff desianee, The-e~un~y E~g~nee~-eE-ee~e~-eeun~y-e~-h~s-d~y-a~he~zed ~epresen~a%~we? 9~PARTM~NT-eP-eeHH~N~T¥-gE~BePM~NT - DIVISION OF CO~)C~NITY DEVELOPMENT SERVICES The Division of Communitv DeveloPment DIRECTOR - The "director" is the-PuB½~=-W~=ks Aam~m~s~ra~e=~e~Hn~y-Eng~neem= Development Services Directo= 9~ the Division of Community DeveloDme~ Services. or his staff desi~nee. SECTION TWO: The "Collier County Subdivision Regulations", Ordinance No. 76-6, as amended, Article VII, shall be amended to read as follows: ARTICLE VII VARIANCE, EXCEPTIONS AND MODIFICATIONS Words-s~=u=k-~hm~h are deleted; words underlined are added. SECTION 1 Administration of Variances When because of the size of the tract to be subdivided, its topography, the conditions or nature of adjoining areas or the existence of other unusual physical conditions, literal or strict enforcement of the provisions of this Ordinance would cause an unusual, exceptional, unnecessary hardship, or result in real difficulties or undue hardship or injustice, the Board of County Commissioners after report by the Planning Commission may vary or modify the requirements set forth herein. Such variances shall not be granted if it has the effect of nullifying the intent and purpose of this Ordinance. In granting variances, the Board may require such conditions as will secure insofar as practical, the objectives of this Ordinance. A. Variances shall not be granted unless a written application for a variance has been submitted to the Director demonstrating: (1) That special conditions and circumstances exist which are peculiar to the land, involved and which are not applicable to other lands similarly regulated. (2) That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties. (3) That the special conditions and circumstances do not result from the actions of the applicant or his predecessor in interest. (4) That the granting of the variances requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands. No pre-existing conditions or neighboring lands which are contrary to this Ordinance shall be Words-s~=~=k-th~e~g~ are deleted; words underline4 are added. --3-- considered grounds for the issuance of a variance. B. The application shall be reviewed by the Subd~v~s~e~ eemm*~ee Director as-he~e~n-de~*ned-~n pursuant to ARTICLE VIII hereof and sa~d-eamm*~ee shall within 30 days submit ~s h~s report and recommendations to the Planning Commission and the developer. Upon receipt of the report by the 8ub~v~s~a~-e~mm~ee Director ~he-deve~eper-sha~ pe~, the Planning Commission ~]1~ ~= a public hearing on the variance. The Director shall schedul9 the public hearina before the Plannina Commissioo conform with publication reuuirements. P}a~m*mg-eomm~ss*on. C. The Planning Commission shall hold a public hearing on the variance upon due public notice, and shall recommend approval or disapproval of the variance. The decision of the Planning Commission shall be in writing, and forwarded to the Board of County Commissioners within seven (7) days from the public hearing, with a copy to the developer. D. Upon receipt of the Planning Commission's decision, the Director shall instruct the Clerk of deYeAo~e~-sha}~ ~e~om the Board of County Commissioners ~o~ a public hearing on the variance. eomm~ss~ome=s?-~eques~mg-a-hea~mg-on-a-~egu}a~}y eomm*ss~o~e~s. E. The Board of County Commissioners shall hold a public hearing after due public notice on the proposed variance. Based on the Bub~¥~s½om-eomm&%~ee Director'~ Words-s~=u~k-~h=ough are deleted; words underlined are added. --4-- report, the Planning Commission's recommendation, and after public hearing, the Board of County Commissioners shall make specific findings of fact: (1) That the requirements of this Section have been met. (2) That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that would make possible the reasonable use of the land. (3) That the granting of the variance would be in harmony with the general purpose and intent of this ordinance; would not be injurious to the surrounding territory; would not impair the desirable general development of the neighborhood or the community, as proposed in the comprehensive plan; or otherwise detrimental to the public welfare. In granting any variance the Board of County Commissioners may prescribe and require appropriate coDditions and safeguards in conformity with this Ordinance. Any variance granted by the Board shall be noted in its official minutes along with the reasons which justify the granting thereof and any required conditions and safeguard placed upon the variance by the Board shall be enforced by the Director and shall be considered as part of the provisions of this Ordinance. SECTION 2 EXCEPTION A. The requirements as outlined in this Ordinance may be modified by the Board in the case of a development which in the judgment of the Board provides adequate public space and improvements for the circulation, recreation, light, air and service Words-str~ek-%hra~gh are deleted; words underlined are added. --5-- needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and implementation of the plan. In granting such exceptions, the Board shall require such reasonable conditions and safeguards as will secure substantially the objective and standards of this Ordinance. Before granting such exceptions, the plan and program shall be in the appropriate zoning district, comply with the comprehensive land use plan,and be reviews4 by have-p~e~-app~va~-e~ the planning commission and the Subd&v[s[~m-e~mm[~%ee Director. Upon compliance with the foregoing, a public hearing shall be held by the Board. B. The developer shall submit in writing a request to the Subd~v~s~efl-eomm~ee Director for an exception from the requirements of this Ordinance. Said request shall state that a plan for a community development has been or is being prepared. Where the plan and program for the community development has already been prepared and/or approved, the request shall state the date upon which the plan was submitted or approved, and, in the case of a plan not yet approved, shall contain a concise statement of the progress made to date towards the approval of said plan. In the case of a plan not yet submitted, the request shall state the approximate date upon which the plan shall be submitted and the agency of county government to which said plan shall be submitted. The SuBd~¥~s~om-e~mm~ee sha~½-~ev~ew-~he-req~es~T-and sha~-~wa~d-~-~-%he-P~a~m~-e~mm~ss~-a~d-~he dewe~pe~-a~mg-w~h-&~s-e~mmem~s-and Words-se~H=k-~h~h are deleted; words under%ined are added. --6-- reee~ueendae~ene?-~eh~n-eh~rey-f3e~-deye~ eemm~eeee? ehe deve~e~e~ e~ee~en?--Be~d-~ee~e~en-ehe~-~e-~n-~e~n~-ee ~he-B~ree~er~-requee~n~-e-heer~n~-en-a-re~e~ eehedu~ed-mee~nq-da~e-o~-ehe-P~ann~nq-ee~ue~ee~en~ Within 30 days from receipt of the reauest, the Director shall review the request, forward it. ~oqether with the Director's comments add recommendations, to the Planning Commission and the devg~oDer, and schedule a public hearina on the excggtion for the next legally available reqular meetinq of the Plapnin~ Commission. C. The Planning Commission shall hold a public hearing on the exception with due public notice, and may (1) recommend approval of the request, (2) recommend denial of the request, or (3) recommend no action on the request until such time as the community development plan and program have been submitted and approved. The recommendation of the Planning commission along with the Subd~¥~s~em eemm~ee Dire~to~'s report, shall be forwarded to the Board of County Commissioners within seven (7) days. D. Upon receipt of the Planning Commission's decision, the Beve~e~e~ Director shall petition the Board of County Commissioners for a public hearing on the exception. Said petition shall be in writing to the Clerk of the Board of County Commissioners requesting a hearing on a regularly scheduled meeting date of the ~ard. Words-s~e~-~hmo~h are deleted; words underlined are added. The Board of County Commissioners shall hold a public hearing on due public notice, and may (1) approve the request (2) deny the request or (3) postpone consideration of the request until such time as the plan is submitted or approved, or (4) take any other action which to the Board seems appropriate. SECTION 3 Modifications From This Ordinance For An Approved Master Plan A. Where the developer has previously submitted a master development plan in connection with obtaining rezoning prior to the effective date of these regulations, the requirements of these regulations relative to the master plan may be modified by the Board for good cause shown. It is expressly declared to be the intent of this section to permit those developers who have previously submitted a complete and comprehensive development plan to proceed with preparation of the construction plans and final plat upon approval of said previously filed development plan without being required to re-submit a master plan. Unless the master plan was approved as part of a PUD or GH petition, as defined in the Zoning Code, such a modification from the requirements of this Ordinance shall not be construed as a matter of right, and the Board of County Commissioners in its sole discretion may refuse to grant such a modification where it finds that the development plan as previously filed does not substantially conform to the requirements for a master plan as set forth herein. Words-s~rH=k-~h~o~h are deleted; words underlined are added. --8-- B. A developer desiring a modification of the requirements for a master plan shall file in writing with the Director a petition requesting the modification from these regulations as set forth herein. Said petition shall include a copy of the previously approved master plan and shall state with particularity the differences between the requirements of these regulations and the previously approved plans and the reasons why the developer feels such modification is justified. C. The petition shall be reviewed by the ee~m*~tee Director, who shall schedule a meeting with the developer if in the opinion of the e~ua*~ee DireGtor such a meeting is deemed desirable or upon the written request of the developer. After said meeting and within thirty (30) days, the Sub~v~s&on-eomm~ee DireGto~ shall forward ~s ~ report and recommendations to the Planning Commission. D. Upon receipt of the Director's recommendations the Planning Commission shall hold a public hearing after due public notice on the petition within thirty (30) days. The Planning Commission shall make a specific finding of fact that the previously approved master plan either is or is not adequate in lieu of the requirements of these Regulations, and if not adequate, that a master plan as required by these Regulations must be submitted, or the specific changes which must be made in the previously approved master plan which will make it adequate in lieu of these Regulations. E. The Planning Commission shall submit its findings Words-s~ek-~h~u~h are deleted; words underl~De~ are added. --9-- and recommendations to the Board of County Commissioners, which shall hold a public hearing after due public notice. Based-on-the After the Public hearing and Board's review of the Subd~v~s~e~-eomm~ee Director's findings and the Planning Commission's recommendations, the Board shall decide: (1) That the previously approved master plan is adequate in lieu of the requirements of those Regulations; (2) That the previously approved master plan which has been modified as recommended by the Planning Commission is adequate in lieu of the requirements of these Regulations; (3) That a master plan as required by these Regulations must be submitted. SECTION 4 APPEALS Any person, firm or corporation claiming to be injured or aggrieved by any final action of the Board may present to the Circuit Court of Collier County, a petition for a writ of certiorari to review such final action as provided by the Florida Appellate Rules. Such petition shall be presented to such court within thirty (30) days after the date of such final action by the Board. For the purpose of determining when the right to appeal accrues, final action shall include only final action by the Board of County Commissioners. SECTION THREE: The Subdivision Regulations Ordinance 76-6 as amended, Article VIII shall be amended as follows: ADMINISTRATION OF ORDINANCE SECTION 1 Words-s~u~k-~h~gh are deleted; words underli~ are added. Responsibility For Coordination and Enforcement of Provisions For the purpose of coordinating, enforcing and administrating this Ordinance, the Pub}*e-W~ks Adm~s~ra~er~eeu~y-E~g~neer Development Services Director of the Division of CommunitY. Development Services shall be deemed the administrative officer of this Ordinance. Subd~v½s~e~-eemm~ee ..... The=e-~s-he~eBy-es~eb~shed-e-SuBd~v~s~en-eemm&t~ee Review Activity The Director is hereby responsible for establishing a review process to consist of appropriate forms, includin~ an application, checklist of required data and an applicant's informa%ion package which describes tb~ review and approval Droces~, Said ~pDlication forms, checklist, and information Dacka~ prepared bY the Director shall be adopted by the CountY.Board of Commissioners bv resolution as an informational appendix to this ordinance to ~uide applicants desirin~ ~Q petition for approval of a subdivision master ..... The-Sub~w~s&em-eemm&~ee-sha~-Fe¥~ew-~he Words-s~=~=k-~½=s~gM are deleted; words ~t~ are added. -11- · ReviewOf Subdivision Master Plan The Director will conduct a review of th~ PrOPosed subdivision master plan. The subdivision master plan will be sent to affected public service aaencies for comment and a wTitten report to be submitted to the Director as to how the master plan affects their area of public service NesDonsibilitv. ConcurrePtl¥ a review by th~ staff of the Community Development Services Division will account for the multi-disciplined responsibilities of the division and other related acencies. UPOn receipt of all review comments the Director will prepare a preliminary findincs of recommendation for submission to the apolicant. ~ECTION-~ S~e~v½s½en-eemm~t~ee-Mee~m~ ..... The-Su~v~s~em-eemm~ee-sha~-mee%-en-the-~s~-am~ th~rd-We~mesday-ef-eaeh-me~th-as-ea~ed-by-the-eha~mem-~e rev~ew-~re-e~ee~ems~-maseer-~ams-e~-~e~es~s-~e~ the var~anee-exeepe~ems-a~d-med~eat~ens~--?he-~u~v~s~ee Developer Conference The Director will schedule appropriate meetings with the applicant recardin~ the findincs resultin~ from the various a~encv reviews. If reauired, other a~encv personnel will be reo~ested to attend the conference. The PurPose of the applicant conference is to discuss and identify proposed ~tiDulations to be recommended to the Collier County Planninq ~9mmission and Board of County. Commissioners. SECTION 5 ~m~ermae*em~-Adv*se-er-Reeemmem~a~ems Coordination Prior to and Durinc Preparation of Construction Documents and Final Words-s~=uek-~hreH~h are deleted; words underlined are added. -12- h~s-du~y-autho~ed-~ep~ese~ta~ve. Upon receiving the approval as prescribed in the "Standard Procedures" ARTICLE IX for the pre-application and master plan from the Planning Commission and Board of County Commissioners. the developer's engineer and surveyor shall coordinate the preparation of the construction ~ and final plat directly with the eo~m~y-Ba~aeer Director. Upon approval of the commencement to work, the developer's engineer shall continue ~_~ coordinate with the Director durina the construction of the re~ired improvements w&~h SE~ION FO~ ~e "Collier County Su~ivision Re~lattons", Ordinance No. 76-6, as amended, ~TICLE IX shall be amended to read as follows: ~TICLE IX ST~D~ PROCED~ES SE~ION 1 Zoning Prior to approval of any master plan by the Board of County Co~issioners the area to be su~ivided shall have the appropriate zone district classification for the intended use. Has=er Plan approval may be processed concurrently with a rezoning application. SE~ION 2 Pre-Application Words-s~=~ek-~hreH~h are deleted; words underlined are added. -13- The purpose of the pre-application procedure is to allow the developer and the 8ubd~w~s~o~-eomm~ee Services staff the opportunity to consult informally prior to the preparation of the ~ master plan and formal application to secure the Subd~w~s&o~-eomm&~ee DeveloDment Services staff review, and approval of the propose~ subdivision master plan bY the Planning Commission and Board of County Commission~r~. mes~e~-p}an~ The pre-application procedure is not mandatory; however, at the option of the developer: A. A written pre-application may be submitted to the Director 8~b~¥&s&o~-e~mm&~ee at any time for informal review of a proposed subdivision master plan. The written application shall contain the following: (1) Ten copies unless otherwise specified by the Director of a written statement generally describing the condition of the site and the proposed development of the entire subdivision. This statement shall include but is not necessarily limited to data on existing covenants, location of utility facilities, general soil characteristics and information describing the subdivision proposed such as number of parcels, lots, tracts ~m&~s7 typical lot, or other parcel confi~urat~o~, public areas, anticipated utility source and any other information considered pertinent. (2) Ten copies unless otherwise specified by the Director of a plan including the following on a sheet~ of a m~m~m~m standard size of 24" x 36"; a location plan showing the location of the land to be subdivided; approximate Words-s~e~-~hrough are deleted; words underlined are added. -14- BOOK acreage; natural features such as low or swampy areas, streams, lakes or canals; identification of adjacent lands; a brief description of the land to be subdivided; name, telephone number and address of the developer; date; northpoint; streets; general lot and block layout; layout of all adjoining streets; zoning classification of the tract and adjacent properties; location of existing improvements and any other significant features. B. ~pom-Fe=e*pt-of-the-s~atemen~-and-p}am-the-B&Fee~eF sba½½ d~str&bute-eop&es-~o-~he-membeFs-o~-the Subd~v~s~-e~mm~ee-a~d-adv~se-~he-deve~per-of eomm~ee= Upon receipt of the statement and Dla~ %be Director shall within 7 calendar days review the proposed.~ubdivis~oB ~aster plan ~nd advise developer of an applicant conference described ~n Article VIII. Section 4, hereof. ~ter the ~pplica~t conference the D~reGtor sha~l withiB ~4 ~a~endar day~ pr0v~d~ the aDDlicaB~ a written advisory iBdicat~Dq whet~e~ O~ ~ot..t~e pre-application is satisfactory. If the pr~-aDDlication is satisfactory, the developer may proceed with the preparation and formal application for approval of the master plan as required by this Ordinance. C. The-re=ommenda~&ons-o~ Any advisory by the S~Bd~w&s~-eomm~ee Director shall not be construed as indicating approval of the master plan and shall only be general statements designed to Words-s~m=k-~h~ugh are deleted; words underlin~ are added, -15- 035 !72 assist the subdivider. D. Any developer aggrieved by an action of the S~bd~v&s~e~-eemm&~ee Director may request a hearing before the Planning Commission if necessary, in the first instance and the Boar~ of County Commissioners on has ~be pre-application by a request made in writing to the Director, stating with particularity the matter to be presented to the Planning Commission and;or Board of Countx Commissioner~ and the reasons why such a hearing is necessary. The Planning Commission or Board of County Commissioners may, by motion duly made, seconded and carried, grant the request for hearing, and shall notify the developer if such request has been granted or denied. This section shall not be construed to create a right in the developer to a hearing on the pre-application, and the Planning Commission may refuse such a hearing for any reason. If a hearing is granted, any advice or recommendations of the Planning Commission or Board of County Commissioners shall be construed as advise only, and the Planning Commission Qr Board of County Commissioners. shall not be bound thereby, nor shall such advice be construed in any way as to indicate conditional approval of the master plan. SECTION 3 Subdivision Master Plan ~Dd Plan Information A. The term subdivision master plan as used in the context of this Ordinance is for all intent and purposes svnoDymous w~th the application for approval of a Preliminary conceptual Plan of ~ubdivision as mav be DrODOSed bY the subdivision Words-s~Hek-~h~h are deleted; words underline~ are added. -16- 0:35 , 173' Naster Dian. In the context of the overall approval process, leadina to development of the land, it is the firs~ of a two-Phased apuroval process. The subdivision master plan is the fir~ of the two approval stages, the second beina the final plat and construction documents, APProval of the subdivision master plan indicate~ conceptual approval of the layout of streets, lots, parcels, utility easements, recreation areas, and 9~ber reservations necessary to facilitate the infrastructure re~uirements of the land. Minor changes may very well be ~:ecessarv at the time preparation of final en~ineerina calculations and d~termination of land required for draina~e, environmental or other utility considerations. AnY deviations in lot area or lot dimensions from that indicated on the subdivision master plan shall conform to the reauirements of the zonin~ district in which said lots are located. Approval of the subdivision master plan does not invest the property with any right tQ d~veloP the land as proposed if subseauent chan~es in local requirements, state or federal law indicate that the land cannot be developed as ~lrst anticipated. AY B. A s~b~ivision master plan shall be submitted for all proposed subdivisions. The subdivision master plan shall conform to the requirements of this section, e~ep~-whe~e-su~h-~equ~eme~s-hawe-bee~ Review of subdivision master plan by eemmi~ee the Director. (1) Twenty copies unless otherwise specified by Words-s~ek-~h~eH§h are deleted; words underlined are added. -17- the Director of a master plan of the proposed subdivision shall be submitted to the Director for review ~d subsequent recommendation to the Planninq Commission and Board of County Commissioners, ~e~-p~aeemen~-em-ehe Subd~v~s~efl-eomm~9~ee-agefl~ (2) The developer shall retain the services of an engineer and a surveyor registered in Florida, to prepare the master plan of the subdivision and may employ a land planner, landscape architect, architect or other technical or professional services to assist in the physical lotting patterns and site plan. The master plan shall be coordinated with the major utility suppliers involved with providing services. (3) The master plan, when submitted to the Director shall contain the following: (a) Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. (b) A vicinity plan showing the location of the tract in reference to other areas of the County. (c) North arrow, graphic scale and date. (d) Name, address and telephone number of the develoDer, along with the name and address of the engineer and surveyor responsible for the plan, plat and supporting data. (e) The location and names of adjacent Words-s%~ek-~h=eu~h are deleted; words underlined are added. -18- ,oo 03'5 175 subdivisions, if any, and plat book and page reference. (f) The tract boundary with bearings and distances along with written description. (g) Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes and other significant features. (h) All existing streets and alleys on or adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary. (i) Ail existing property lines, easements and rights-of-way, their purpose, and their effect on the property to be subdivided. (j) The location and rightuof-way width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names will be identified on all public or private thorQuqhfares. (k) The incorporation and compatible development of present and future streets as shown on the eE~a~-Ban~-Use-6u~de Transportation E~ement Of The Comprehensive Pla~ adopted by the Board of County Commissioners, when such present or future streets are affected by the proposed subdivision. Words-s~Hek-~h=~gh are deleted; words underli~e~ are added. -19- (1) Access points to collector and arterial streets showing their compliance to the access requirements established by this Ordinance. (m) Ground elevations by contour line at intervals of not more than one foot based on the "M~S~B=---~gzg-~a%Hmu NGV~. Item "~" mav suffice for this info~-~oB requirement where s~Qt elevations been provided in sufficient number, and distribution on a boundar~...surve¥ maD. (n) Ail existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. (o) Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and ground water depth. (p) Zoning classification of the tract and all conti~uous proDerties. (q) Utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract including existing or proposed water treatment plants and sewage treatment plants. The master plan shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. (r) Sites proposed for parks, recreational areas, and school sites in accordance Words-se~=k-~h~e~gh are deleted; words underlined are added. -20- with the existing ordinances requiring dedication. Dimensions of all development lots shall be so noted and ~be area of each lot. Lot areas and lot dimensions may be shown on a legend as opposed to notation on each lot. (t) An environmental impact statement pursuant to Ordinance No. 77-66 as amended or superseded, ~geDt th~ th9 applicant may request an administrative waiver of this provision where it is apparent that no environmental degradation will result from the ~ev~opment of the land or where a prior environmental impact assessment was prepared for the same area of land. (u) ~ subdivision master plan shall consist o~ a seri~S of mapped information sheets to include but not limited to the {iii) ~iv) CQver Map Sheet Boundary and TopoGraphic Survey Subdivision Master Plan Natural Features and VeGetative Cover Ma~ Utilities and DrainaGe Plan Aerial Map The above mapped information may be cQmb~ned o~ one or more maps if determined appropriate bv the Director. (4) A subdivision that generates one thousand (1,000) ADT (Average Daily Traffic) or two Words-s~rHek-~h~e~h are deleted; words underlined are added. -21- hundred (200) DHV (Design Hour Volume) must submit along with the master plan, a traffic impact analysis. The traffic impact analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development, based on ultimate permitted development. (5) A master drainage plan outlining the existing and proposed surface and ground water courses and their principle tributary drainage facilities needed for proper drainage, water management and development of the Subdivision, shall be submitted along with the master plan. The master drainage plan shall consist of a plan and report indicating the method of drainage, existing water elevations, recurring high water elevations, the proposed design water elevations, drainage structures, canals and ditches and any other pertinent information pertaining to the control of storm and ground water. In cases where modifications or improvements are not planned for existing major water courses and their principal tributary drainage facilities, this requirement may be accomplished by so indicating on the master plan. (6) Upon filing the master plan with the Director the developer shall pay a fee of two hundred fifty dollars ($250.00). The fee is not reimbursable but is to help defray the cost of administering and processing the master plan. If more than one re-submittal of the corrected Words-s~=~ek-th~gh are deleted; words uDderlined are added. -22- or revised master plan is required an additional fifty dollars ($50.00) fee shall be charged for each re-submittal. (7) Upon receipt of the master plan and required data, the Director shall within 21 calendar days con~u~ ~ review Q~ the proposed subdivision master plan e~mm~ee and advise the developer of the time and place o~-%he-Sub~½v~s~ofl-e~mm~%~ee for a conference meeting whe~ to discuss the master plan. (8) When the 8,b~¥~s~n-e~mm~ee Director finds that the master plan and required data complies with the provisions of this Ordinance, the Director shall notify the developer in writing within seven (7) days. The ~ewe~oDe~ Director shall then schedule a public hearing before the Planning Commission to consider the master plan. Said hearing shall be on a date certain, which shall be a date upon which the Planning Commission shall hold a regularly scheduled meeting. No changes in the master plan shall be made after approval of the master plan by the e~mm~ee Director and prior to the hearing by the Planning Commission except upon a re-submission of the master plan to the $~b~w~s~a~-e~mm~ee Director= (9) When the Sub~&¥~s&~n-e~mm&%~ee Director finds that the master plan and required data do not meet the provisions of this Ordinance, the Director, eha&~mam, within seven (7) days Words-s~=u=k-~h~u§h are deleted; words underline~ are added. -23- shall inform the developer in writing of what corrections or revisions are necessary to meet the requirements of this Ordinance. Upon such findings, the developer may make the corrections or revisions and resubmit the master plan and required data to the Director for d~st~b~t~-t~-the-membe~s-e~-~he S~Bd~v~s~om-e~mm~ee further review. The S~bd~v~s~on-eomm~tee-sha~-~esehed~e-~he sehed~}ed-mee%~n~= When the eemm&t~ee ~ finds that the master plan and required data meet the provisions of this Ordinance, ehe days, he shall so advise the Plan~lDg Commiss$oD in sufficient time to a~ow them to take uD the matter at their next regularlv scheduled meet~Dq, shm~} s~-~he e~-~h~s-e~d~mamee? Any stipulation aqreemeD~ ~ade subject to the approval of the planninq Commission shall be executed bv the developer. in a form a~ceptable to the county Attornev, prior to forwardinq the recommendation o£ approval to the County Board of commissioners. (10) In the event that the Subd~v&s~em-eemm~ee Directo~ finds that the master plan, and required data does not meet the requirements of this Ordinance, the developer may elect to submit his master plan to the Planning Commission for public hearing rather than re-submit the master plan to the eemm~ee Director. The developer shall Words-s~Hek-~h=e~h are deleted; words underlined are added. -24- request a hearing in writing to the Director, for a date upon which the Planning Commission shall hold a regularly scheduled meeting. Said request shall state that the eomm~ee Director has found the master plan not to be in conformance with the requirements of this Ordinance, and shall state with particularity the grounds upon which the developer disagrees with the e~mm~ee~s Director's findings. C. Recommendation of approval of master plan by Planning Commission. (1) Fifteen ¢15~ copies of the Master Plan as approved by the Director with all revisions shall be submitted t0 the QSrector for distribution to the members of the Planning Commission and for confirmation of a~fected a~encies that the plan reflects all revisions if any to the Master PlaD requgsted by Director, ~}~ (2) The Planning Commission shall hold a public hearing upon due public notice at which the master plan shall be considered. ~ The Planning Commission shall recommend approval or denial of the master plan. ~-sha~-~o~m ~he-dewe~o~e~= If the Planning Commission does not recommend approval of the master plan, ~ the Plannin~ Co~mission through Oirector shall inform the developer and shall within seven (7) days inform the developer in writing, stating the reasons therefor. ~Z~(3} When the Planning Commission has recommended approval of the master plan, it Words-s%=~=k-~h=~gh are deleted; words underlined are added. 25 shall forward its recommendation and report to the Board of County Commissioners. ~(4~ If the Planning Commission does not recommend approval of the master plan, the developer may re-submit the master plan to the Subd~v~s~on-e~mm~t~ee Director. The re-submittal shall be accompanied by a request for reconsideration, stating the fact of the Planning Commission's recommended disapproval and stating with particularity the actions taken by the developer to overcome or eliminate the objections of the Planning Commission. Any site plans or other drawings submitted for reconsideration shall reflect any changes made by the developer relative to the reasons for disapproval. The Subd~w~s~ e~mm~ee Director shall then review the master plan as re-submitted, and may hold a meeting with the developer for further information or clarification. When the 8ubd~v~s~e~-eomm~ee Director sh~ find~ that the master plan is ready for re-submittal to the Planning Commission, ~ he shall so inform the developer, wh~-sha}}-~hen-re~Hes~ a~d sha~ set the date for a public hearing on the master plan in the same manner as the original submission to the Planning Commission. The Planning Commission shall then hold a public hearing on the re-submitted master plan and shall recommend approval or disapproval as previously provided. (5) In lieu of re-submitting the master plan as herein provided, upon recommendation of Words-s~m~=k-~hro~gh are deleted; words underlined are added. -26- disapproval of the master plan by the Planning Commission the developer may request the Director ~Q schedule a public hearing before the Board of County Commissioners on the master plan in the same manner as if the Planning Commission had recommended approval of the master plan. Sa&d-~eques~-~-pHb~e hea~-Be~e~e-~he-Bea~d-sha~-be-ma~e-~ s~a~e-%ha~-~he-P~a~n~mg-e~mm~ss~n-has meeemmended-d~sapp~ewa~-e~-~he-mas~er-p~a~-b~ ehe~-~he-~eve}epe~-w&shes-%e-su~m&%-sa~d mas~e~-p~am-%e-~he-Bea=~-e~-ee~n~y eemm&ss&eme=s= ,5~(6) Upon a recommendation of approval of the master plan by the Planning Commission, the director shall forward the recommendation of the Planning Commission within seven (7) days to the Clerk of the Board requesting a public hearing before the Board on said master plan. The request shall be for a public hearing on a date certain upon which the Board of County Commissioners shall hold a regularly scheduled meeting. The public hearing shall be held upon due public notice. ~6}(7) At the public hearing, the Board of County Commissioners shall consider the report of the SuB~&v&s~en-eemm&~ee Director and the recommendations of the Planning Commission, and approve the master plan, disapprove the master plan or order the developer to resubmit the master plan to the $~Bd&v~s&en-eemm&~ee Director or the Planning Commission as Words-s~ek-~h~eu~h are deleted; words underlined are added. -27- appropriate, for resolution of any preblems or conflicts. For the purposes of this Ordinance a disapproval of the master plan shall be deemed as final action of the Board, but an order of re-submission shall not be deemed final action and the developer shall make a good faith effort to resolve any problems or conflicts that may exist with the e~mm&%%ee Director or Planning Commission as appropriate prior to a re-submittal of the plan to the Board of County Commissioners. D. Effect of approval of the Subdivision master plan. (1) Approval of the Subdivision master plan by the Board of County Commissioners shall entitle the developer to prepare and submit the construction plans and final plat as required by these Regulations. No final plat or construction plans shall be accepted for review unless the master plan shall have been first approved. (2) It is hereby expressly declared that the intent of this Ordinance is to create no vested rights in the developer upon approval of the Subdivision master plan, and the County shall not be estopped to subsequently deny approval of the final plat and/or construction plans based on changes in Federal, State or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affect the feasibility or desirability of the master plan, nor shall the County be estopped to deny any petition for re-zoning in which a master Words-s~u=k-~hroH~h are deleted; words underlined are added. 28 plan is submitted in support of said plan. (3) The approval of the master plan shall expire at the end of one year extensions from the date of approval. One year extensions for submitting the final plat and construction plans may be granted for good cause shown upon application to the Board of County Commissioners, however, the developer shall have no right to such extension, the Board of County Commissioners may deny the extension for good cause, including changes in State or local laws or regulations. SECTION FIVE: Article IX, Section 9 of Collier County Ordinance No. 76-6, as amended, is hereby amended to read as follows: SECTION 9 Election to Complete Required Improvements After Recording the Final Plat. A. The developer may elect to complete the required improvements after recording the final plat by posting appropriate guarantees as further described herein. Said guarantee shall be submitted to the Director and shall be approved by the County Attorney and e~u~y-Em~eer Directo¥ prior to approval of the final plat by the Board of County Commissioners. All guarantees shall be ~.ncorporated in a bonded agreement for the construction of the required The guarantee shall be in one of the following improvements. forms: (1) Cash Deposit - The developer shall deposit with the County or place in an account subject to the control of the County, cash in the full amount of 110% of engineering and construction costs for the installation and completion of the required Words-s~ek-~h~h are deleted; words underline~ are added. -29- ,oo 035 , 186 improvements. The developer shall be entitled to secure draws from such deposits or accounts as installations progress at stages not more frequently than monthly. A draw from such cash deposit or account shall be made only when the cash remaining on deposit shall equal 10% of the total contract cost to complete construction all reauired imDro%~nts, plus 100% of the estimated cost to complete the remaining portions of the required improvements. The eoun~y-En~ee~ Director shall also have the right to refuse to approve any requested draw, so long as the developer fails to be in compliance with any of the terms and conditions of the plat or plans and specifications for the required improvements. The developer shall be entitled to receive all interest earned on such deposit or account. The County, after sixty (60) days' written notice to the developer shall have the right to use such cash deposit or account to secure satisfactory completion of the required improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by this Ordinance. (2) Personal Bond with Letter of Credit - The developer may furnish to the County his personal bond secured by an unconditional and irrevocable letter of credit, in an amount equal to 10% of the total contract cost to complete construction of all required improvements, plus 100% of the estimated cost to complete the remaining portions of the required improvements. The letter of credit shall be issued by a State of Florida or United States banking institution to the County. During the process of construction, the eoun~y-En~ee~ Director may upon request reduce annually, the dollar amount of the bond on the basis of Words-s~=u=k-~h=ough are deleted; words underlined are added. -30- work completed, provided, however, sufficient funds shall remain to complete the required improvements. The County, after sixty (60) days' written notice to the developer, shall have the right to use any funds resulting from drafts on the letter of credit to secure satisfactory completion of the required improvements in the event of default by the developer of failure of the developer to complete such improvements within the time required by this Ordinance; or (3) Surety Bond- The developer may furnish to the County a surety bond obtained from a company having a Best's rating of AAA, guaranteeing that within the time required by this Ordinance, all work required will be completed in full accordance with the plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bonded agreement. Said bond shall be in the amount equal to= 10% of the total contract cost to complete construction of all re~ired imp~ovements, plus 100% of the estimated cost to complete the remaining portions of the required improvements. During the process of construction, the ee~n~y-En~nee~ Director may upon request reduce, annually, the dollar amount of the bond on the basis of work completed. The County after sixty (60) days' written notice to the developer shall call on the bond to insure satisfactory completion of the required improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by this Ordinance. (4) First Mortgage on Real Property: The developer may execute a first mortgage in favor of the County, conditioned upon completion of the required improvements. The property conveyed by said first Words-s~uek-~h~ugh are deleted; words underlined are added. -31- mortgage shall not be any part of the property proposed to be subdivided. The value of the property so conveyed shall be determined by the assessed valuation as established by the County Property Appraiser for the current year and shall be equal to 110% of the engineering and construction costs for the installation and completion of all the required improvements. A partial release of mortgage shall be executed only when the value of the remaining encumbered properties shall equal 10% of the total contract cost to complete construction of all reauire~ improvements, plus 100% of the estimated cost to complete the remaining portion of the required improvements. The mortgage shall be in a form approved by the County Attorney and shall be accompanied by a certification by an attorney licensed to practice law in Florida or by an abstract or title company showing title in the developer and stating that there are no liens or encumbrances on the property superior to the proposed mortgage. Ail recording fees, stamps, and other costs shall be paid by the developer. In the event that the aPPropriate auarantees described herein include utility facilities, the performance security required by Collier County Ordinance NO. 88-76. as amended. shall not be required.. However, notwithstandinq this provision, performance securitv shall be required on all pro~ects, when aPPlicable, during that period be~innin~ with acceptance O~ the ~mprovemeDts add endinq upon satisfactory final inspection as described in Article XIII hergQf oF Collier Countv Ordinance No. 88-76. as amended, SECTION SIX: The "Collier County Subdivision Regulations", Ordinance No. 76-6, as amended, Article XIII, Section 1 and 2 shall be amended to read as follows: Words-s~rHek-~h~Hgh are deleted; words underlined are added. -32- ARTICLE XlII ACCEPTANCE AND MAINTENANCE OR REQUIRED IMPROVEMENTS SECTION 1 Workmanship and Material Agreement The Developer shall execute an agreement guaranteeing the required improvements against defect in workmanship and material for eme-yea= the PeriQd bg~inninG after acceptance of s~eh all re~uire~ improvements by the Board of County Commissioners and ending uPOn comnletion of a satisfactQry final insDectiog, Said Agreement shall be submitted to the County Engineer along with the completion certificate ama ~ project records ~nd performance security in an amount equal to ten Percent (10%) o~ the cos~ of required improvements, Performance security shall be in a form identified in Article IX hereof. SECTION 2. Acceptance of Dedication and Maintenance of ImDroveme~ - The dedication of public space, parks, rights-of-way, easements or ehe-}~ke other required improvements e~-~he-D}a~ shall not constitute an acceptance of the dedication by the County. The acceptance of the dedication shall be indicated by a Resolution adopted by the Board of County Commissioners stating that the Developer attests that all improvements meet or exceed the standards set forth by this Ordinance. ~reliminary ~Dd final inspections.of all requ%yed improvements satisfactory to the county shall be required. Preliminarv inspection of the completed improvements %s re~ired prior to any conveyance to or acceptance bY th~ Board of County Commissioners of any reGuired improvements. During Preliminary inspection, the reGuired improvements wil% b~ ~hecked for compliance with the approved construction drawin~s. In a__d~i~ion, revisions or deviations fro~ ~he ~DDroved construction drawinqs shal~ be identified and Words-s~mHek-~h~e~gh are deleted; words underlined are added. -33- explained in writin~ by the Engineer of Record. All improvements must be in full comDliance with the approved record drawings prior to submission to ~he ~oard. The final inspection shall be con~u~d no later ~ban one year after acceptance of the reGuired imDroveme~%~ by the Board. Durin~ final inspection, the facilities will b~ ~M~ined for any defect in materials and workmanshio and for Dhvsical and operational compliance with the approved record drawin~ AnY performance security submitted by the Developer sh~l remain in effect until the final inspection has been satisfactorily comD~e~e~ ~Bd the Developer has been so notified in writinG. The County Engineer upon satisfactory completion of the improvements and receipt by the County Engineer of a statement attesting to such completion by the Developer's Engineer, shall if in agreement, certify that the Developer has complied with all the provisions of this Ordinance and acceptance of the dedications and when applicable, the maintenance of the required improvements. Upon such recommendations the Board, by Resolution, shall approve the subdivision, the dedications on the plat and the maintenance responsibilities of the required improvements. SECTION SEVEN: Conflict and Severability In the event this Ordinance conflicts with any ¢.=h=: Ordinance of Collier County or other applicable law, the more res=rictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and indnpendent provision and such holding shall not affect the validity of the remaining portion. Words-seeHek-~h~e~h are deleted; words uBderlined are added. -34- 101 SECTION EIGHT: Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. -- DATEDu ,Ap{il 11 1989 ATTEST:' ' JAMES C. GILES, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY SUB REG ORDINANCE DUP md BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~0R-T L. SAUNDERS, CHAIRMAN Secretary of Stat?'s ~ffice=l~e- ond ac~edgement o~ that firing receiv~ ~~ day Words-s~=uBk-~hre~h are deleted; words underlined are added. -35- 035,, 192 STAT~ 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. 89-24 which was adopted by the Board of County Commissioners on the 11th day of April, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier Cour. ty, Florida, this 24th day of April, 1989. JAMES C. GILES Clerk of Courts and Clerk. Ex-officio to Board of''' County Commissioners By: /s/Maureen Kenyon Deputy Clerk