§ 10.02.04. Requirements for Preliminary and Final Subdivision Plats

This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3, 4, and 6.

A.

Requirements for Preliminary Subdivision Plats (PSP). A preliminary subdivision plat provides an overall scheme of development for a subdivision . It may be used when only one phase of a multi-phased development is to be constructed. Except for an integrated phased development , a preliminary subdivision plat is optional while a final subdivision plat is mandatory.

1.

Generally.

a.

Approved zoning. No preliminary subdivision plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision . However, the zoning application and the preliminary subdivision plat may be processed concurrently by the County Manager or designee at the request of the applicant .

b.

No development shall be allowed prior to approval of the construction plans and final subdivision plat , except for the early work authorization (EWA) permit and early construction authorization (ECA) permit pursuant to pursuant to LDC section 10.02.00.

c.

Integrated phased developments . A preliminary subdivision plat application shall be submitted in accordance with this section for any integrated phased development .

2.

Application for preliminary subdivision plats .

a.

The Administrative Code shall establish the process and submittal requirements for a preliminary subdivision plat .

b.

A preliminary subdivision plat shall include the entire property to be subdivided and recorded.

c.

The preliminary subdivision plat shall be prepared by the applicant's professional engineer and professional surveyor and mapper.

d.

The boundary survey for the preliminary subdivision plat shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida.

3.

Review by County Manager or designee. County Manager or designee shall approve, approve with conditions, or deny the preliminary subdivision plat utilizing the standards established in LDC chapters 3, 4, 6, and other provisions of the LDC. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the Board of County Commissioners pursuant to Code of Laws and Ordinances section 250-58. If the County Manager or designee should deny the preliminary subdivision plat , he shall state in writing reasons for such denial and shall cite the applicable code or regulatory basis for the conditions or denial.

4.

Amendments. Any amendment to the approved preliminary subdivision plat submitted by the applicant shall be reviewed according to the standards established in LDC chapters 3, 4, 6, and other provisions of the LDC. The County Manager or designee shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Amendments shall be made prior to the processing of the construction plans and final subdivision plat . Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested.

5.

Conditions. The County Manager or designee has the authority to approve requests for substitutions to the design standards contained in the LDC provided those requests are based on generally accepted, sound and safe, professional engineering principles and practices. Requests for substitutions shall be made in writing and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitution requested.

6.

Timing of development . Within 2 years after the date of written approval or approval with conditions of the preliminary subdivision plat , the applicant shall prepare and submit to the County Manager or designee the construction plans and final subdivision plat for at least the first phase of the proposed subdivision . Each subsequent phase of the preliminary subdivision plat shall be submitted within 2 years after the date of written approval of the immediately preceding phase of the proposed subdivision .

a.

Extensions. Two, 2-year extensions to submit the construction plans and final subdivision plat shall be granted for good cause shown upon written application submitted to the County Manager or designee prior to expiration of the preceding approval. When granting an extension the County Manager or designee shall require the preliminary subdivision plat be modified to bring the project into compliance with the LDC at the time of the extension request.

7.

No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a preliminary subdivision plat , and the County shall not be estopped to subsequently deny approval of the construction plans and final subdivision plat 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 preliminary subdivision plat , nor shall the County be estopped to deny any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning.

B.

Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final subdivision plats are commonly referred to as "plans and plat ."

1.

Generally. Final subdivision plat approval by the Board of County Commissioners is required before a final subdivision plat can be recorded.

a.

No final subdivision plat shall be approved by the Board until the construction plans have been reviewed and accepted by the County Manager or designee, except for a minor final subdivision plat pursuant to LDC section 10.02.04 D.

b.

The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record.

c.

The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant files a subdivision performance security as identified in LDC section 10.02.04 F with the County.

d.

Where approval of construction plans and final subdivision plats will lead to the level of service for any public facility being reduced below the level established by the growth management plan for Collier County, the County shall deny approval to proceed with development until the requirements of LDC section 10.02.07 have been met.

2.

Application for Construction Plans and Final Subdivision Plats .

a.

The Administrative Code shall establish the process and the submittal requirements for construction plans and final subdivision plats . For projects incorporating townhouse development on fee simple lots , additional submittal requirements are required and identified in the Administrative Code. All requirements established in this section shall also apply to townhouse development on fee simple lots .

b.

Construction plans for all of the improvements required by this section shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida.

c.

Final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. The final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177, as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet.

d.

The final subdivision plat shall conform to the approved preliminary subdivision plat and shall constitute only that portion of the approved preliminary subdivision plat which the applicant proposes to construct.

e.

Improvements for construction plans and final subdivision plats are identified in the LDC section 10.02.04 C, and are required in conjunction with the subdivision and development of any and all property pursuant to LDC section 10.02.03 within the unincorporated areas of the County. All required improvements shall be designed and constructed in accordance with the design requirements and specifications of the entity having responsibility for approval, including all federal, state, and local agencies. Construction plans for final subdivision plats shall include at a minimum:

i.

Streets , sidewalks , paving, grading, and stormwater management (drainage);

ii.

Bridges and culverts;

iii.

Water and sewerage systems, including, where applicable, water reuse/irrigation pumping, storage and transmission/distribution systems;

iv.

Street lighting. Plans for streetlights shall bear the approval of the utility authorities involved. If the street lighting system is to be privately owned and maintained by a property owners' association or similar entity, it shall be designed by the applicant's engineer;

v.

Landscaping within public rights-of-way , parks, recreational areas; and

vi.

Parking areas.

3.

County Manager review of construction plans and final subdivision plats .

a.

The County Manager or designee shall review and evaluate the construction plans and final subdivision plat in conformance with the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177. The County Manager or designee shall review and evaluate the construction plans and final subdivision plat in light of the requirements established in the LDC and Administrative Code. Based on the review and evaluation, the County Manager or designee shall approve, approve with conditions, or deny the construction plans and final subdivision plat . If the construction plans and final subdivision plat is denied, then the final subdivision plat shall not be submitted to the Board until the construction plans and final subdivision plat have been approved or approved with conditions by the County Manager or designee. The approval of the County Manager or designee is subject to Board approval, noted below.

b.

If the constructions plans and final subdivision plat are approved or approved with conditions by the County Manager or designee, the County Manager or designee shall recommend that the Board approve, approve with conditions, or deny the final subdivision plat . If the County Manager or designee denies or places conditions on the construction plans or recommends denial or conditions on the final subdivision plat , he shall state reasons and cite the applicable code or regulatory basis for the decision.

c.

Once the construction plans and final subdivision plats are submitted by the applicant for review by the County Manager or designee, they will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant . If a response is not received within this time, the application for construction plans and final subdivision plat review will be considered withdrawn and cancelled. Further review of the project will require a new application and the appropriate fees paid by the applicant .

d.

Digital submission. After the final subdivision plat has been approved by the County Manager or designee for compliance with the LDC, as provided in this section, the applicant shall resubmit 5 certified sets of the approved construction plans along with approved copies of all required county permits. The applicant's professional engineer shall also submit a set of digitally created construction/site plan documents, 1 disk (CDROM) of the master plan file, including, where applicable, easements , water/ wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way —ROW, centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information ( parcels , lots , and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer.

4.

Board approval of the final subdivision plat .

a.

Following approval or approval with conditions by the County Manager or designee, the County Manager or designee shall place the final subdivision plat on the consent agenda for its next available regularly scheduled Board hearing. The Board shall consider approval of the final subdivision plat together with the approval of standard form, Construction Maintenance Agreement, and approval of the amount of performance security for the required improvements based on the estimate of probable cost.

b.

If all members of the Board consent to the recommendation of the County Manager or designee, then the recommendation of the County Manager or designee on the final subdivision plat shall remain on the consent agenda and the final subdivision plat shall be approved. If any member of the Board objects to the recommendation of the County Manager or designee or otherwise requests discussion on the recommendation, then the recommendation shall be taken off the consent agenda and may be discussed or scheduled for a subsequent hearing date. After due notice of the hearing to the applicant , the Board shall hold a hearing on the final subdivision plat . At the hearing, the Board shall consider the County Manager or designee's recommendation and shall take evidence and testimony in regard to the final subdivision plat requirements identified in LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC. The Board shall approve, approve with conditions, or deny the final subdivision plat . If the Board of denies or places conditions on the final subdivision plat , it shall state reasons for such denial or conditions.

c.

Approval of the final subdivision plat shall not constitute acceptance of public dedicated facilities. Acceptance of any such dedicated public facilities and responsibility for their maintenance shall be by separate resolution of the Board of County Commissioners. See LDC section 10.02.05 C.3.

5.

Insubstantial changes and amendments to construction plans and final subdivision plats .

a.

Insubstantial Changes to Construction Plans (ICP). Following approval by the County Manager or designee of the construction plans, the applicant may request insubstantial changes to the construction plans.

i.

Application. The Administrative Code shall establish the process and the submittal requirements for an insubstantial change to the construction plans. Construction plans shall be prepared pursuant to LDC section 10.02.04 B.

b.

Following approval by the Board of the final subdivision plat , but prior to recordation, the County Manager or designee may approve minor insubstantial changes to the final subdivision plat . Insubstantial changes are insignificant to the project, such as a correction or change on the cover sheet.

c.

Following approval by the Board of the final subdivision plat , but prior to recordation, the Board may approve amendments to the final subdivision plat . This is commonly referred to as a "PPLA."

i.

Application. The Administrative Code shall establish the process and the submittal requirements for the final subdivision plat amendment. The final subdivision plat shall be prepared pursuant to LDC section 10.02.04 B.

6.

Relationship of Final Subdivision Plats to Site Development Plans . No site development plan may be accepted for concurrent review with a preliminary subdivision plat . Once the preliminary subdivision plat has been approved, site development plans may be submitted for review concurrent with the submittal of the final subdivision plat . No site development plan may be approved until the final subdivision plat receives administrative approval, and no building permits may be issued until the final subdivision plat is recorded, unless otherwise provided for in the LDC.

7.

Timing of recording and development .

a.

Recording. Within 18 months of the date of approval of the final subdivision plat by the Board, the applicant shall submit the final subdivision plat to the County Manager or designee for recording.

b.

Required improvements to be completed. The improvements required for the final subdivision plat shall be completed within 18 months from the date of approval by the Board unless a written extension request is approved by the County Manager or designee.

c.

Integrated phased development . Each subsequent phase of the project shall be submitted within 2 years following the date of written approval of the most recently approved final subdivision plat in accordance with LDC section 10.02.04 A.6.

C.

Required Improvements. The following improvements in this section are required in conjunction with the subdivision and development of any and all property pursuant to section 10.02.03 and 10.02.04 within the unincorporated areas of Collier County.

1.

Elevation, land filling, excavation, and demolition requirements for all development , pursuant to LDC section 4.01.01.

2.

Monuments and control points, pursuant to LDC section 4.03.07.

3.

Streets and access improvements, pursuant to LDC section 4.03.08 A. All subdivision streets , access improvements and related facilities, whether public or private, required to serve the proposed development shall be constructed by the applicant .

4.

Water management system, pursuant to LDC section 4.03.08 B.

5.

Fire hydrants, pursuant to LDC section 6.04.03.

6.

Canals, pursuant to LDC section 6.05.01 E.

7.

Bridges and culverts, pursuant to LDC section 6.06.01 M. The bridge or culvert design shall be prepared by a professional engineer.

8.

Landscaping and buffers, pursuant to LDC section 6.06.01 O.1.

9.

Plantings, trees, and grass for landscaping and buffers, pursuant to LDC section 6.06.01 O.2.

10.

Pavement painting and striping, pursuant to LDC section 6.06.01 Q.

11.

Traffic control devices, pursuant to LDC section 6.06.01 R.

12.

Sidewalks , pursuant to LDC section 6.06.02.

13.

Streetlights, pursuant to LDC section 6.06.03.

14.

Sanitary sewer systems, pursuant to Collier County Utilities Standards and Procedures Ordinance 2004-31, as amended.

15.

Parks, protected areas, preservation areas, conservation areas, recreational areas, and school sites.

a.

Parks, protected areas, preservation areas, conservation areas. Parks, protected areas, preservation areas and conservation areas shall be dedicated and/or conveyed in accordance with applicable mandatory dedication requirements and regulations of federal, state and local agencies.

b.

Recreational areas. Recreational areas shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies.

c.

School sites. School sites shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies.

16.

Shoreline and waterway alterations and additions. All requests for the construction of seawalls, bulkheads, shoreline and waterway alterations and additions shall be submitted to the County Manager or designee. After review by the County Manager or designee the proposed facility or alteration shall be approved, approved with conditions or denied. The use of vertical seawalls as a method of protecting shorelines and lands adjacent to waterways shall be discouraged except for development lakes, and applicants shall be encouraged to utilize alternate methods of accomplishing shoreline protection and waterway facilities installation. Whenever possible, all proposed construction of seawalls, bulkheads, shoreline and waterway alterations and additions shall be designed to afford the maximum protection to the environment of the area. Any state or federal permits required for construction must be submitted to the County Manager or designee prior to the commencement of construction.

D.

General Requirements for a Minor Final Subdivision Plat (FP).

1.

Generally. Minor final subdivision plat approval may be requested as an alternative to construction plans and final subdivision plat if the following criteria are met:

a.

No preliminary subdivision plat is submitted or approved.

b.

Required improvements are not required for the subdivision .

c.

No security performance bond is required for the subdivision .

d.

No phasing is required or proposed for the subdivision .

2.

Application and process.

a.

The Administrative Code shall provide the process and submittal requirements for a minor final subdivision plat . Minor final subdivision plats shall be in conformance with F.S. ch. 177 and the LDC, as applicable.

b.

Minor final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. The minor final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177, as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet.

c.

Minor final subdivision plats shall be reviewed and approved pursuant to LDC section 10.02.04 B.3—B.4 as applicable.

d.

Minor final subdivision plats shall be recorded pursuant to LDC section 10.02.04 F.

E.

General Requirements for Construction Plans (CNSTR).

1.

Generally. Construction plan approval may be requested when no platting or recording of property is required. This process allows for the review of construction plans separate from a final subdivision plat .

a.

The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record.

2.

Application and process.

a.

The Administrative Code shall provide the process and submittal requirements for construction plans. Construction plans shall be in conformance with LDC section 10.02.04 B and C, as applicable.

b.

Construction plans for all of the improvements shall be signed and sealed by the applicant's professional engineer.

c.

Construction plans shall be reviewed and approved pursuant to LDC section 10.02.04 B.4, as applicable.

3.

Insubstantial changes. An applicant may request insubstantial changes pursuant to LDC section 10.02.04 B.5.a.

F.

Recordation of the Final Subdivision Plat.

1.

Generally. No building permits for habitable structures shall be issued prior to approval by the Board of County Commissioners and recordation of the final subdivision plat , except as provided in LDC sections 5.04.04 and 10.02.04 B.6, as applicable.

2.

Posting of subdivision performance security at the time of recording.

a.

The final subdivision plat shall not be recorded until a subdivision performance security for the construction of the required improvements, both on-site and off-site, has been posted by the applicant and approved and accepted by the Board or the County Manager or designee on behalf of the Board.

b.

The applicant's professional engineer shall prepare an opinion of the probable construction cost or the actual contractor's bid price, which includes the cost of all required improvements, to determine the amount of the subdivision performance security.

i.

If no construction of the required improvements has begun at the time of posting of the subdivision performance security, the security shall be an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the applicant's professional engineer's opinion of the probable construction costs or contract bid price.

ii.

If construction of the required improvements has begun at the time of posting the subdivision performance security, the security shall be in an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price, plus 100 percent of the required improvements to be completed, such as the final lift of asphalt and uncompleted sidewalks .

iii.

If construction of all required improvements has been completed and accepted by the Board at the time of recording, only a performance maintenance guarantee at an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price shall be provided.

iv.

No subdivision performance security shall be required where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency. A subdivision performance security shall be required of an independent special-purpose government such as a community development district (CDD).

c.

The subdivision performance security shall be prepared pursuant to Appendix A of the LDC and shall be one of the following forms:

i.

Construction, maintenance, and escrow agreement, or

ii.

Construction Maintenance Agreement and one of the following:

(a)

Cash deposit agreement with the County, or

(b)

Irrevocable standby letter of credit, or

(c)

Surety bond.

d.

Once the form of a subdivision performance security has been approved and accepted by the Board, alternate securities, in a format approved by the County Attorney, may be approved by the County Manager or designee, on behalf of the Board.

3.

Recordation Procedure. After approval of the final subdivision plat by the Board, but prior to the recording of the final subdivision plat with the clerk of the circuit court, the following shall occur:

a.

The applicant shall obtain all of the signatures on the original plat cover sheet(s) that are associated with the applicant's obligations and shall submit the original final subdivision plat , and any separate consents, or opinions or certifications of title, to the County Manager or designee.

b.

The applicant shall provide 3 copies and 1 mylar of the recorded final subdivision plat and accompanying documents to the County Manager or designee.

c.

Simultaneously with the submission of the executed final subdivision plat to the County Manager or designee, the applicant shall also submit in accordance with F.S. ch. 177, at no expense to the County, either a title opinion from an attorney licensed to practice in the State of Florida or certification from a title company. The effective date of the title opinion or certification must be no more than 30 days prior to the submission of the final subdivision plat to the County Manager or designee and must contain all of the following:

i.

A legal description of at least the lands being platted;

ii.

A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided;

iii.

Identification of the exact name of any person who is the record owner of the subject real property and a specific citation to the official records book and page, where each record legal owner obtained title to the subject real property. The title information shall include a copy of said instrument(s) of conveyance; and

iv.

Identification of liens, encumbrances, easements , or matters shown or that should be shown as exclusions to coverage on a title insurance policy. As may be applicable, the title information shall include in a neatly bound fashion and make citation to the recording information of all referenced liens, encumbrances, easements , or exclusions. The title information shall include a copy of any such instruments.

d.

Payment of recording and copy fees. Upon compliance with this section and payment of fees by the applicant , the County Manager or designee shall record the final subdivision plat with the clerk of the circuit court in the official records of Collier County, Florida.

e.

Construction and Maintenance Agreement. The applicant shall enter into a construction and maintenance agreement with the County, in a form acceptable to the County Attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period or a time frame established in an approved extension request by the County Manager or designee. This agreement shall be submitted with the final subdivision plat for review and approval and shall be executed by all parties at the time of recording of the final subdivision plat .

f.

Recording of other documents. If any dedications, grants, conveyances, easements , consents (including mortgagee consents), reservations, covenants, or other like instruments are to be recorded by separate instrument simultaneously with the final subdivision plat , appropriate fees and original documentation must be provided by the applicant to the County Manager or designee for processing and recording by the clerk of court. All documents shall be submitted prior to or at the time of recording of the final subdivision plat .

g.

Supporting "gap" title information. Within 60 days of recordation of the final subdivision plat in the official records of Collier County, Florida, the applicant , at no expense to the County, shall submit to the County Manager or designee final supporting "gap" title information. The final supporting title information must meet all of the requirements of 10.02.04 F.3.c, except as to the effective date. Receipt and approval of the "gap" title information is a condition precedent to preliminary acceptance of subdivision improvements by the Board.

h.

The effective date of the supporting "gap" title information must be through the date of recordation of the final subdivision plat and must, at a minimum, cover the "gap" between the time the effective date of the information required by 10.02.04 F.3.c above, when submitted and the date of recording of the final subdivision plat . The final supporting "gap" title information must include a copy of any required instruments not previously provided in connection with submittals for the recording of the final subdivision plat .

G.

Vacation and annulment of subdivision plats. Vacation and annulment of a subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended, and Collier County Resolution 2006-160, as amended.

(Ord. No. 04-72, § 3.AA; Ord. No. 05-27, § 3.VV; Ord. No. 06-07, § 3.U; Ord. No. 06-63, § 3.RR; Ord. No. 07-67, § 3.T; Ord. No. 08-10, § 3.G; Ord. No. 08-63, § 3.JJ; Ord. No. 10-23, § 3.QQ; Ord. No. 12-38, § 3.FF; Ord. No. 13-56, § 3.LL; Ord. No. 15-44, § 3.J)