Sec. 250-71. - Statement of intent regarding subdivision regulation.

(a)

The public health, safety, morals and general welfare require the harmonious, orderly, and progressive development of land within the state. In furtherance of this purpose, this Act permits regulation of the subdivision of land by Collier County and the municipalities of Collier County.

(b)

Such regulations shall be devised to aid in the coordination of land development in the municipalities and Collier County in accordance with orderly patterns, and to implement such comprehensive plans, or parts thereof, and such zoning ordinances and other measures in furtherance of comprehensive planning as may have been or may hereafter be adopted.

(c)

It is the further intent of this act to secure:

(1)

The establishment of standards of subdivision design and construction which will encourage the development of sound and economically stable communities, and the creation of attractive and healthful living environments.

(2)

The efficient, adequate and economic supply of utilities and services to new land developments.

(3)

The prevention of traffic hazards and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land developments.

(4)

The establishment of adequate flood protection, water conservation and other facilities and measures in new land developments.

(5)

The establishment of adequate easements, rights of way, roads, sidewalks and walkways in new land developments.

(6)

The provision of appropriate recreational lands, open spaces and public institutional and utility sites in new land developments.

(Laws of Fla. ch. 67-1246, § 20)

Sec. 250-72. - Preparation, recommendation.

(a)

The planning commission for an area shall prepare and recommend to the governing body, subdivision regulations for that area. The governing body may, after due public notice, adopt subdivision regulations.

(b)

Such regulations may provide that streets in the subdivision, including streets bordering the subdivision, shall be constructed of such materials, be of such widths and grades and be so located that they will accommodate prospective traffic, serve the subdivision and the adjoining area adequately, afford adequate light and air, facilitate fire protection, and be so coordinated as to compose a convenient system.

(c)

Such regulations shall provide that the layout of the subdivision conform to good land planning design principles, to the comprehensive plan for the area and to measures adopted in furtherance thereof; and that sufficient and suitable monuments be placed to enable the survey of the subdivision or any part thereof to be retraced.

(d)

Such regulations may include requirements on the extent to which and manner in which streets shall be graded, constructed, drained, and improved; the elevation or elevations to which low land shall be filled; the size of blocks and lots; the dedication or reservation of land for streets, school sites, recreation areas and utilities sites; and the location of utility easements and utilities installation, as a condition or conditions precedent to approval of the plat.

(e)

Before adoption of its subdivision regulations or any amendment thereof, the governing body shall hold a public hearing thereon with due public notice.

(f)

If completion of any improvements is required as a condition precedent to final approval of the plat, such regulations may provide that in lieu of the completion of such improvement or improvements, work or installations previous to the final approval of a subdivision plat, the governing body may accept a bond or other security in form and amount and with conditions and surety satisfactory to it, providing for the securing to the public the actual improvement or improvements, work or installations, within a period determined by the governing body, and expressed in the security, and the governing body is hereby granted the power to enforce such security by appropriate legal and equitable remedies.

(Laws of Fla. ch. 67-1246, § 21)

Sec. 250-73. - Approval of plats.

(a)

All final subdivision plats shall be prepared in accordance with the subdivision regulations and with F.S. Ch. 177, and submitted to the governing body for approval.

(b)

The governing body shall approve or disapprove final plats within a reasonable time after the submission thereof. If a plat is disapproved, the grounds for disapproval shall be stated in the records of the governing body, and a statement of such grounds of disapproval shall be furnished to the subdivider or his agent.

(Laws of Fla. ch. 67-1246, § 22)

Sec. 250-74. - Participation by other agencies.

Nothing contained in this act shall prevent the governing body from assigning part or all of the responsibility for reviewing and processing subdivision plans in accord with the requirements of the subdivision regulations to its agents or other governmental agencies, and governing bodies are hereby empowered to make such assignment of part or all of such duties as may be contained in the subdivision regulations, except that final subdivision plats must be acted upon by the governing body, as required by F.S. ch. 177.

(Laws of Fla. ch. 67-1246, § 23)

Sec. 250-75. - Plats outside incorporated areas.

No plat or map of land in Collier County, Florida, lying outside the municipal limits of any incorporated municipality shall be recorded whether as an independent instrument or by attachment to another instrument entitled to record, unless and until it shall have complied with the provisions herein stated.

(Laws of Fla. ch. 67-1246, § 24)

Sec. 250-76. - Erection of buildings adjacent to unapproved streets.

(a)

In any area which is covered by the provisions of a zoning ordinance, the following limitations shall apply concerning erection of buildings adjacent to unapproved streets.

(b)

No building shall be erected on a lot or parcel of land within the area, nor shall any zoning clearance be issued therefor, unless:

(1)

The street giving access to the lot or parcel on which such building is proposed to be placed has been accepted and opened as a public street or has otherwise received the legal status of a public street, or

(2)

The street is shown on a recorded subdivision plat, or

(3)

The street, easement or private way is determined by the governing body to be adequate in the circumstances of the particular situation and to meet reasonable standards; or

(4)

If so authorized by subdivision regulations adopted under the provisions of this act, a building permit may be issued for construction of a building concurrently with the installation of required street improvements, but no such permit shall express or imply any right of occupancy and use of such building, and the governing body may require that such building shall not be occupied or used until the street improvements have been satisfactorily completed.

(Laws of Fla. ch. 67-1246, § 25)