§ 10.02.05. Construction, Approval, and Acceptance of Required Improvements

A.

Construction of Required Subdivision Improvements.

1.

Pre-Construction Meeting. Prior to the commencement of construction of the required improvements, a Pre-Construction meeting shall be held. The applicant shall request the Pre-Construction meeting and provide at least 48 hours for the Pre-Construction meeting to be scheduled by the Engineering Services Department. The Pre-Construction meeting shall be attended by representatives of the county, utility companies, the applicant's professional engineer of record, the contractor, and the developer. At the Pre-Construction meeting, a schedule of construction, and all approved County plans shall be provided by the applicant . Copies of all state and federal permits shall be provided by the applicant to the County Manager or designee prior to commencement of construction.

a.

Should any construction commence on a project prior to the Pre-Construction meeting, the County Manager or designee, in addition to other available remedies, shall have the right to require partial or full exposure of all completed work for observation, inspection, and verification that it was installed in accordance with the approved construction plans.

2.

Commencement of construction. Following the Pre-Construction meeting the applicant may begin construction of the required improvements. The applicant shall notify the County Manager or designee in writing at least 48 hours in advance of the date of commencement of construction.

3.

Observation of construction by the applicant's engineer. The applicant shall have the applicant's professional engineer or engineer's representative make periodic site visits at intervals appropriate to the various stages of the required construction to observe the contractor's compliance with the approved construction plans and specifications.

4.

Construction inspections by the County Engineer or designee. A list of standard inspections which require the presence of the County Engineer or designee shall be provided in the construction plans approval letter provided by the County Manager or designee and discussed at the Pre-Construction meeting. The following procedure shall apply:

a.

The applicant shall be responsible for the notification to the County Engineer or designee prior to the required inspections, including prior to any paving or concrete work associated with roads or sidewalks . At least 48 hours' notice shall be provided to the County Engineer or designee to allow for scheduling of an inspection. Verbal confirmation of an inspection time or a request for rescheduling will be made by the County Engineer or designee for each notification.

b.

"Spot inspections" by the County Engineer or designee may be carried out without notice on all construction to ensure compliance with the approved construction plans. At any time, if the County Engineer or designee finds construction in progress which does not comply with the procedures, policies and requirements contained in the LDC or the approved construction plans, the County Engineer or designee shall have the full authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full satisfaction of the County Engineer or designee.

5.

Changes to construction plans.

a.

See LDC section 10.02.04 B.5.a for insubstantial changes to construction plans (ICP).

b.

The County Manager or designee shall be notified within 24 hours, with written follow-up, of any problems and conflicts with the actual construction of required improvements as compared to the approved construction plans. Problems and conflicts shall be addressed through the Insubstantial Changes procedure for construction plans, pursuant to LDC section 10.02.04 B.5.a. The County Engineer may approve insubstantial changes to construction plans in accordance with acceptable engineering principles. The changes shall be reflected on the record drawings.

B.

Preliminary Acceptance of Required Subdivision Improvements by the County Engineer or designee. Preliminary acceptance by the County Engineer or designee shall identify that the subdivision or development is substantially safe for public occupancy.

1.

General. The required improvements constructed under the policies, procedures, guidelines, and requirements established in the LDC shall receive preliminarily acceptance by the County Engineer or designee pursuant to the following:

a.

Recordation of the final subdivision plat pursuant to LDC section 10.02.04 F shall be prior to or concurrent with preliminary acceptance by the County Engineer or designee.

b.

No certificates of occupancy shall be issued by the County Manager or designee until preliminary acceptance is granted.

2.

Submittal requirements. Upon completion of all required improvements contained in the approved construction plans, the applicant's professional engineer of record shall provide the following materials for the review by the County Engineer or designee:

a.

Competition Certificate. The applicant's professional engineer of record shall submit a completion certificate for the required improvements completed. The completion certificate shall be based on information provided by the project professional surveyor and mapper and the engineer's own observations. The completion certificate shall not be based on "information provided by the contractor." The applicant's professional engineer of record shall document that the required improvements have been installed in compliance with the approved construction plans. Any discrepancy shall be brought to the attention of the County Engineer or designee and resolved to the satisfaction of the County Engineer or designee.

b.

Applicant's Inspection Report. The applicant's engineer of record shall submit a report to the County Manager or designee which documents the dates of inspection, all measurements, field tests, laboratory tests, and observations which were required to be performed during the construction of the required improvements.

c.

Final release of lien from contractor(s). The applicant's engineer shall provide to the County Manager or designee a copy of the final release of lien from any utility and/or roadway contractor(s).

d.

Conveyance instruments. All separate conveyance instruments to the County shall be in a form approved by the County Attorney prior to their submission to the Board for acceptance, and shall be pursuant to Collier County Utilities Standards and Procedures Ordinance 2004-31, if applicable. If requested by the County Manager or designee, the grantee shall provide, at no cost to the county, a title opinion, or certificate of title in a form promulgated by the Florida Insurance Commissioner, which is in conformance with the county's procedures for acquiring real property interests. No separate conveyance instrument shall be recorded prior to recordation of the final subdivision plat and formal acceptance of the conveyance by the Board.

e.

Construction plans and record drawings. The applicant's engineer shall provide to the County Manager or designee one set of construction plans on a mylar, with a minimum of 2 mil thickness, or other similar acceptable material and 2 sets of signed and sealed prints acceptable to the County Manager or designee, showing the original design in comparison to the actual finished work. The mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. Subject to the approval of the County Manager or designee, the applicant's engineer may provide a PDF as a substitute for the mylar plans.

f.

Digital submission. The applicant's professional engineer shall also submit digitally created construction/site plan documents, including 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. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional surveyor and mapper and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements:

i.

Roadway centerline elevations at all intersections and at a minimum at all points of vertical intersection (PVI) along the roadway.

ii.

Invert and inlet elevations of all water management structures , including catchbasins, all junction boxes, headwalls, inlets, and the like.

iii.

All record drawing data for water and sewer facilities pursuant to the provisions of the Collier County Utilities Standards and Procedures Ordinance 2004-31, as amended.

iv.

Centerline inverts on all open swales at high and low points and at 100-foot stations along centerline.

v.

The following data shall be submitted in report form for the acceptance of streets , roadways, alleys or the like for maintenance purposes:

(a)

Name of subdivision , block , plat book and page of recording.

(b)

Name of each street proposed to be accepted for maintenance purposes.

(c)

The beginning and ending point for each street proposed to be accepted.

(d)

The centerline length of for each street proposed to be accepted.

(e)

The number of lanes for each street proposed to be accepted.

3.

Review and inspection by the County Engineer or designee. Following the review by the County Engineer or designee of the submittals required in LDC section 10.02.05 B.2 and that the required improvements are in compliance with the LDC, the County Engineer or designee shall approve, approve with conditions, or deny the preliminary acceptance of the required improvements. Inspection by the County Engineer or designee of the required improvements shall be completed prior to the granting of preliminary acceptance by the County Engineer or designee.

a.

During preliminary inspection, the required improvements will be checked for compliance with the approved construction plans. Any approved insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be identified and explained in writing by the applicant's professional engineer of record. All required improvements shall be in full compliance with the approved construction plans and the "record drawings" prior to submission to the Board for final acceptance.

b.

Following the preliminary acceptance by the County Engineer or designee there shall be a minimum 1-year maintenance period prior to final acceptance by the Board.

4.

Reduction of the subdivision performance security. At the time of preliminary acceptance by the County Engineer or designee, the subdivision performance security may be reduced by the County Manager or designee. Ten percent of the subdivision performance security, based on the applicant's professional engineer's probable construction cost or contract bid price, shall be retained as the maintenance performance security by the clerk of courts on behalf of the Board. See LDC section 10.02.04 E for acceptable forms for a subdivision performance security.

C.

Final Acceptance of the Required Subdivision Improvements by the Board of County Commissioners.

1.

Generally. The Board may provide final acceptance, by resolution, of the improvements subject to the following:

a.

Following the 1-year minimum maintenance period as required by preliminary acceptance by the County Engineer or designee; and

b.

Following satisfactory completion of the preliminary acceptance inspections by the County Engineer or designee; and

c.

At the request of the applicant , after a final inspection by the County Engineer or designee.

2.

Timing. All of the required improvements shall receive final acceptance by the Board within 36 months from the date of the original Board approval of the final subdivision plat , unless extended by the County Manager or designee, the Board, or general law.

a.

The developer may request two-year extensions for completion and acceptance of the required improvements. A maximum of 2 extensions may be granted by the County Manager or designee. Each request should provide written justification for the extension.

3.

Dedications and County maintenance. The Board shall adopt a resolution giving final acceptance of the improvements and establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. The Board has no obligation to accept maintenance responsibilities for any facilities dedicated to public use, pursuant to F.S. ch. 177.081.

4.

Notifications. The County Manager or designee shall notify the applicant in writing that final acceptance of the required improvements and applicable acceptance of the facilities has been granted, notify all affected county agencies of any final maintenance responsibilities, and instruct the clerk of the court to return the remaining maintenance security held by the Board.

D.

Conditional Final Acceptance. A developer may apply for a conditional final acceptance. The conditional final acceptance may occur when the required subdivision improvements, with the exception of the final lift of asphalt, and in certain cases, portions of the sidewalk(s) have received a satisfactory final inspection. The developer shall provide a performance security in the amount of 150 percent of the estimated cost of the remaining improvements. Additionally, the developer shall provide a letter to the County Manager or designee, which confirms the developer's intent to complete all of the remaining improvements within a 12-month time period. Two additional 1-year extensions may be approved by the County Manager or designee.

E.

Failure of Applicant to Complete Required Subdivision Improvements.

1.

County Draw on Subdivision Performance Security. If improvements are not completed within the prescribed time period as specified in LDC section 10.02.04 B.7 or 10.02.05 D and a subdivision performance security has been submitted, the County Engineer or designee may recommend to the Board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements.

2.

County completion of required improvements. When a final subdivision plat has been recorded and the applicant fails to complete, repair, or maintain the required improvements as required by the LDC, the Board may authorize and undertake completion, repair, and maintenance of the required improvements under the subdivision performance security provided by the applicant . If no sale of lots or issuance of building permits has occurred, the Board may withdraw its approval of the final subdivision plat and may direct the County Manager or designee to call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its pre development condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Any remaining subdivision performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance to provide funds for any repairs, maintenance, and defects occurring during this warranty period.

3.

Failure to complete unrecorded subdivision . Where an applicant has elected to construct, install, and complete the required improvements prior to recordation of the final subdivision plat and fails to complete such improvements within the time limitations provided in this section, all approvals, permits, and applications shall be considered null and void. Any future subdivision and/or development shall submit a new application and payment of fees based on the then current fee schedule. Review shall be subject to the then current LDC and other applicable codes.

(Ord. No. 04-72, § 3.BB; Ord. No. 06-63, § 3.SS; Ord. No. 07-67, § 3.U; Ord. No. 08-63, § 3.KK; Ord. No. 12-38, § 3.GG; Ord. No. 13-56, § 3.MM; Ord. No. 16-27, § 3.W)