§ 4.03.03. Subdivision Exemptions

Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or designee. After a determination of completeness, the County Manager or designee shall approve, approve with conditions, or deny the request for exemption based on the terms of the applicable exemptions. Procedures for application, review, and decision regarding exemptions from these subdivision requirements are set forth in the Administrative Code. To the extent approved, the following may be exempted from these subdivision requirements.

A.

Active agricultural uses. Agriculturally related development as identified in the permitted and accessory uses allowed in the rural agricultural district A and located within any area designated as agricultural on the future land use map of the Collier County GMP and the Collier County official zoning atlas, except single-family dwellings and farm labor housing subject to LDC sections 5.05.03 and 2.03.00 shall be exempt from the requirements and procedures for preliminary subdivision plats and construction plans; provided, however, nothing contained herein shall exempt such active agricultural uses from the requirements and procedures for final subdivision plats, and where required subdivision improvements are contemplated, the posting of subdivision performance security.

B.

Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the requirements and procedures for preliminary subdivision plats and improvement plans; provided, however, nothing contained herein shall exempt such division of land into cemetery lots or parcels from the requirements and procedures for final subdivision plats and, where required subdivision improvements are contemplated, the posting of subdivision performance security; and provided, further, that such division of land into cemetery lots or parcels shall be subject to and comply with the requirements and procedures for site development plans as set forth in the Administrative Code and Chapter 10, and shall obtain site development plan approval for the entire property proposed for such division of land into cemetery lots or parcels .

C.

Eminent domain or operation of law. The division of land which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court, shall be exempt from this section; if and only if the County Manager or designee and the County Attorney are given timely written notice of any such pending action and given the opportunity to signify that the county be joined as a party in interest in such proceeding for the purpose of raising the issue of whether or not such action would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the subdivision regulations, prior to the entry of any court order; and, if and only if an appropriate pleading is not filed on behalf of the County within 20 days after receipt of such notice. However, if a pleading is filed on behalf of the county within 20 days after receipt of such notice, such division of land created by the court shall not be exempt from this section.

D.

Oil, gas, and mineral rights. The division of land which creates an interest or interests in oil, gas, or minerals which are now or hereafter severed from the surface ownership of real property shall be exempt from this section.

E.

Priorsubdivision. All division of land occurring prior to the effective date of this LDC and conforming to the purposes of this section, shall be exempt from this section; provided, however, that any property so divided which is resubdivided or further divided on or after January 10, 1989, shall not be exempt from this section. For agricultural/residential subdivisions within the rural area of Collier County as defined herein, refer to LDC section 4.03.04; Also see " lot of record " in Chapter 1.

F.

The division of property, occurring prior to July 15, 1998, meeting the definition of rural subdivision shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in LDC section 4.03.00. Nor shall the division of property occurring after July 15, 1998, in the rural area require the property owner to record a final plat nor comply with the subdivision regulations provided in LDC section 4.03.00, if the property so divided has been the subject of a rezoning hearing by the BCC within the 24 month period preceding July 15, 1998. The subdivision of properties occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary subdivision plat (PSP). However, the applicability of all required subdivision improvements and standards as set forth in section LDC 4.03.00, required improvements, of this LDC shall be determined by the County Manager or designee on a case by case basis. The applicant , through the preliminary subdivision plat (PSP) process may request waivers from certain "required improvements". The subdivider and purchaser of property meeting definition (a) of rural subdivision shall comply with section 4.03.03 of this LDC. The division of property not meeting the definition of rural subdivision is required to comply with all requirements of section 4.03.00.

G.

Rural areasubdivisionrequirements.

1.

Deeds and other conveyances. All deeds and other conveyances for properties shall include in ten-point type the following statement: "NO GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED."

2.

Building permits for rural subdivisions . Building permits will not be issued until the final subdivision plat is recorded.

3.

Access agreement. The owner of property applying for a building permit shall execute a release and waiver agreement which shall be executed and recorded at the applicant's expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application:

a.

Identification of the property by legal description and tax parcel folio number;

b.

Description of the means of access to the subject property and the physical condition of that access ;

c.

A statement recognizing that the access rights are personal rights between the grantor and grantee and the county's approval of the use of the accessway in no way implies that the use is permitted;

d.

A statement confirming that the maintenance and upkeep of such means of access shall be the perpetual responsibility of the individual(s) or other entity holding rights to such means of access ;

e.

A statement confirming that any development order issued by Collier County proposing utilization of such means of access shall contain a specific disclaimer from Collier County relating to the county's obligation for the present or future maintenance or upkeep of such means of access ;

f.

A statement of release holding Collier County harmless in perpetuity for maintenance of such means of access ;

g.

Description of the extent and specifications for improvements to the means of access being proposed by the applicant ;

h.

Description of the utilities, including, for example, water, sewer, telephone, electricity, which shall service the property as required by Collier County Ordinance No. 89-06 [Code ch. 22, art. VII], known as the Collier County Standard Housing Code, or its successor in function;

i.

A statement of the applicant's intent to arrange for, have installed and pay for provision of such utilities as are required by law;

j.

A statement of release holding Collier County harmless in perpetuity for maintenance of such utilities;

k.

An acknowledgment that the Department of Economic Opportunity (DEO) may review and appeal any development order issued by Collier County within the Big Cypress Area of Critical State Concern. Also, confirmation that the applicant will execute, prior to issuance of any development order by Collier County, a statement of understanding of the DEO review requirements in the form approved by the DEO; and

l.

A statement that permits from all state and federal agencies have been obtained or applied for, including copies of said applications. The responsibility to determine if such permits are necessary is solely the responsibility of the applicant .

H.

Chokoloskee Island. The division of property of Chokoloskee Island shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in LDC section 4.03.00. The subdivider and purchaser of the property shall comply with the regulations provided in LDC section 4.03.03. The division of property not on Chokoloskee Island is required to comply with all requirements to section 4.03.00. All parcels of land existing on Chokoloskee Island as of October 30, 1991, and identified in the property appraiser's official records, which do not conform to the minimum lot area and lot width requirements of the overlying zoning district shall be considered conforming lots . Any subdivision of land on Chokoloskee Island occurring after October 30, 1991, shall comply with the minimum lot area and width requirements for the overlying zoning district in effect at the time the land is subdivided. In any case, except as described above, the minimum applicable development standards set forth in the LDC shall apply, unless a variance therefrom is obtained.

1.

Chokoloskee Island subdivision requirements.

a.

Deeds and other conveyances. All deeds and other conveyances for properties hereafter on Chokoloskee Island shall include in bold-faced type the following statement: "NO GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." Failure to include this information in a deed shall not affect the conveyance of property.

b.

Building permits for Chokoloskee Island. Prior to the issuance of a building permit for any property on Chokoloskee Island, the owner of the property applying for the building permit must provide verification that he or she has an existing means of access to the property and the existing means of access to such property must be improved to the standards established by this subsection. Said access may be:

i.

Dustless surface a minimum of 20 feet in width;

ii.

Asphalt paved road a minimum of 18 feet in width; or

iii.

Limerock surface a minimum of 20 feet in width.

c.

Access agreement. The owner of property applying for a building permit shall execute a release and waiver agreement which shall be executed and recorded at the applicant's expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the County Attorney or designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application:

i.

Identification of the property by legal description and tax parcel folio number;

ii.

Description of the means of access to the subject property and the physical condition of that access ;

iii.

A statement recognizing that the access rights are personal rights between the grantor and grantee and the county's approval of the use of the accessway in no way implies that the use is permitted;

iv.

A statement confirming that the maintenance and upkeep of such means of access shall be the perpetual responsibility of the individual(s) or other entity holding rights to such means of access ;

v.

A statement confirming that any development order issued by Collier County proposing utilization of such means of access shall contain a specific disclaimer from Collier County relating to the county's obligation for the present or future maintenance or upkeep of such means of access ;

vi.

A statement of release holding Collier County harmless in perpetuity for maintenance of such means of access ;

vii.

Description of the extent and specifications for improvements to the means of access being proposed by the applicant ;

viii.

Description of the utilities, including, for example, water, sewer, telephone, electricity, which shall service the property as required by Collier County Ordinance No. 89-06, known as the Collier County Standard Housing Code, or its successor in function;

ix.

A statement of the applicant's intent to arrange for, have installed and pay for provision of such utilities as are required by law;

x.

A statement of release holding Collier County harmless in perpetuity for maintenance of such utilities;

xi.

A statement that permits from all state and federal agencies have been obtained or applied for, including copies of said permits applications. The responsibility to determine if such permits are necessary is solely the responsibility of the applicant .

I.

Golden Gate Estates lot divisions. When a 5 acre parcel in Golden Gate Estates is subdivided into 2 lots , where 1 of the lots is not on the existing right-of-way , the owner may create an access easement to and through the parcel which is not on the right-of-way . The easement must be at least 20 feet in width, and extend at least 150 feet into the otherwise landlocked lot . The easement shall provide for access to the lot , and satisfy the frontage requirement.

(Ord. No. 06-07, § 3.i; Ord. No. 13-56, § 3.J)