10.04.01 -  Determination of Completeness

A.

Generally [RESERVED].

B.

Approval of regulated development and certificates to operate for wellfield operations.

1.

Approval of regulated development by development services of new or substantially modified regulated development.

a.

Standards.

i.

All new and substantially modified development requiring site plan approval pursuant to the Collier County Land Development Code as adopted, or pursuant to Collier County Ordinance No. 82-2, and as may be superseded by the Collier County Unified Land Development Code, requiring a certificate of occupancy, or otherwise regulated under this section, shall be reviewed by the County Manager or his designee at the time of preliminary or other initial site plan approval required by such ordinance, for compliance with the standards of this section and in the same manner as a certificate to operate.

ii.

Approval for operation and use of development regulated pursuant to this section, which development requires compliance with specific standards as set forth in section 3.06.12 hereof or requires a certificate to operate (but not a certificate to operate which is incorporated into a wellfield conditional use permit), shall be included in and made a part of the letter of approval issued by the County Manager or his designee.

iii.

A certificate to operate which has been issued pursuant to subsection (ii) above hereof, shall be renewed by the department not later than the 1-year anniversary of issuance of the development service's letter of approval as provided in section 10.04.01 B.2. hereof.

2.

Certificates to operate.

a.

Standards.

i.

Expiration.

(a)

Each certificate to operate shall be valid for no more than 1 year after the date of issuance and shall automatically expire on the first anniversary date of issuance. The permit will remain valid and in full force during the term of permit provided that the owner/operator remains in compliance with the terms and conditions of the certificate to operate. Revocation and revision of a certificate to operate is authorized pursuant to section 10.04.08 A. of this chapter.

ii.

Renewals.

(a)

Applications for renewal of certificates to operate shall be filed with the department at least 60 days prior to expiration and shall not be automatic.

(b)

The application for renewal shall be reviewed by the department for consistency with the applicable standards of this section.

(c)

Applications for renewal shall provide the following:

(i)

All documents and documentation required for the regulated development pursuant to section 3.06.12, as may have been amended on the date of application for renewal;

(ii)

Evidence of compliance with the applicable standards of section 3.06.12 during the term of the certificate to operate; and

(iii)

The application shall include the appropriate fees as provided in section 10.01.04 hereof.

b.

Prohibited approvals of regulated development and certificates to operate.

i.

No final approval for regulated development or certificate to operate shall be construed or otherwise interpreted to legalize a regulated development existing on the effective date of this section [November 13, 1991], which is not in compliance with other applicable local, state or federal law or regulations. No certificate to operate or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local, state or federal law or regulations.

3.

Inspections.

a.

By accepting the certificate to operate and as a condition of the same, and by accepting a letter of approval which approval is based upon compliance with this section, the owner/operator grants express permission for the county, through an authorized agent, to make inspections of the regulated development at reasonable times to determine compliance with this section.

b.

Authorized agents of the county are hereby authorized and empowered and shall be permitted at reasonable hours and after reasonable notice to inspect the premises of the regulated development to ensure compliance herewith.

c.

Refusal to allow inspection under this section shall be sufficient grounds for consideration of revocation of the certificate to operate or letter of approval which approval is based upon compliance with this section.

d.

In the event a person who has common authority over regulated development impedes or otherwise refuses a lawful inspection by an authorized agent of the county, the inspection shall be rescheduled and notice shall be mailed by United States certified mail to the address and person shown on the certificate to operate or the letter of approval. Failure of such person to permit the rescheduled inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue an administrative search warrant for the purpose of inspection, surveying or examining said premises or facilities.

e.

In the event the premises of the regulated development, its building or structure appears to be vacant or abandoned and the property owner cannot be readily contacted in order to obtain consent for inspection, an authorized agent of the county may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection therefore [thereof].

f.

Authorized agents of the county shall be provided with official identification and shall exhibit this identification prior to any inspection.

g.

It shall be the duty of all law enforcement officers to assist in making inspection once such assistance is requested by an authorized agent of the county.

4.

Transfers.

a.

Within 30 days of the sale or legal transfer of a regulated development, the owner/operator of a regulated development, for which a certificate to operate or a wellfield conditional use permit has been granted, shall provide written notice to the department of the sale or other legal transfer. Within the same time period, the new property owner shall apply to the department by letter for transfer of the certificate to operate or wellfield conditional use permit and agree to be bound by the terms of the certificate to operate or wellfield conditional use permit unless same may be modified as provided herein.

5.

Administrative review. Certificates to operate shall be processed and reviewed, and shall be administratively approved, approved with conditions, or denied by the County Manager as provided in this section. Application for certificate to operate shall be made on a form prepared by the County Manager.

a.

Completeness review.

i.

Within 30 days of receipt of a completed application, the County Manager shall review the application for compliance with the standards of sections 3.06.12 and 3.06.13 hereof.

ii.

If the application is found not to be in compliance, the County Manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the application.

iii.

Within 30 days of the owner's/operator's receipt of the county's notice, the owner/operator shall:

(a)

Provide the requested information or provide written notice to the County Manager of its intent to either furnish the requested information; or

(b)

Provide written notice to the County Manager of its intent to have the application processed "as is" with the information it then contains.

b.

Substantive review.

i.

Upon a determination by the County Manager that the application is complete, or upon receipt of written notice from the from the [sic] owner/operator that the application should be processed as is, the County Manager shall issue a determination of completeness and provide a copy to the owner/operator by regular U.S. mail.

ii.

Within 30 days of issuance of a determination of completeness, the County Manager shall render a written evaluation of the application in accordance with the standards of sections 3.06.12 and 3.06.13 hereof and render a notice of intent to issue or deny the application, a copy of which shall be sent to the owner/operator by regular U.S. mail.

iii.

The owner/operator may appeal an adverse notice of intent to the board as provided in section 10.04.11, hereof.

iv.

The certificate to operate will be issued or denied by the department within 15 days of issuance of the notice of intent, unless an appeal is taken as provided in section (iii) above.

c.

Extension of administrative review and withdrawal [of] application.

i.

The County Manager may, in his sole discretion, extend the time frame for administrative review set forth in section 10.04.01 B.5.a. and section 10.04.01 B.5.b. hereof for the purposes of requesting and receiving additional information necessary to complete the substantive review of the application.

ii.

If the owner/operator does not provide the information requested by the County Manager or advise the county that the application is to be processed "as is" within 45 days of such request, the application shall be considered withdrawal [withdrawn] and fees paid shall be surrendered.

iii.

The owner/operator may voluntarily withdraw the application at any time prior to the issuance of the County Manager's notice of intent by submitting a written notice to the County Manager stating its intent to withdraw.

6.

Containment and cleanup, option for county to initiate containment and cleanup, reimbursement by owner/operator.

a.

In the event of a discharge or an accidental release of any hazardous product, hazardous waste from a regulated development or contaminant from a sanitary hazard regulated under this section, the owner/operator shall immediately upon discovery of the discharge or accidental release, contain the hazardous product, hazardous waste or contaminant, and shall initiate cleanup in accordance with approved contingency plans and applicable law.

b.

Failure of the owner/operator to contain the discharge or accidental release or the failure of the owner/operator to initiate cleanup of the site within 48 hours of discovery or within a shorter amount of time as may be necessary to protect the public health, safety and welfare, may result in the county initiating appropriate containment of the discharge or accidental release and/or cleanup of the site in accordance with applicable law.

c.

In the event the county elects to exercise the option to contain the discharge or accidental release and/or clean up the site, the county shall first provide written notice of this intent to the owner/operator stating how the owner/operator has failed to comply with this section and providing a reasonable period of time within which the owner/operator shall perform the necessary containment of the discharge or accidental release and/or initiate cleanup in accordance with applicable law or the approved contingency plan.

d.

By accepting a certificate to operate or a wellfield conditional use permit, and as a condition of the same, and by accepting a letter of approval, which approval is based upon compliance with this section, the owner/operator agrees that the reasonable costs expended by the county to contain the discharge or accidental release and/or clean up the site shall be recoverable from the owner/operator.

7.

Administrative procedures.

a.

Promulgation of administrative procedures. The County Manager shall promulgate and bring for adoption by the board, administrative procedures to implement this section within 1 year of the effective date of this section [November 13, 1991].

8.

Violations, penalties and remedies.

a.

Violations. It shall be a violation of this section to fail to obtain any permit required herein or without a permit, or other appropriate authorization as may be required herein, to conduct, commence or maintain any use or activity prohibited or regulated by this section. Each violation shall constitute a separate offense.

b.

Penalties. Violations of this section may be referred by the County Manager to the county's code enforcement board for enforcement action in accordance with F.S. ch. 162, and Collier County Ordinance No. 88-89, and as may be amended.

c.

Remedies. Nothing herein shall preclude the county from seeking all other remedies available under general law, including without limitation: [sic]

9.

Liberal construction and severability.

a.

Liberal construction. The provisions of this section shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience.

b.

Conflict and severability. In the event this section conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phase or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion.

APPENDIX A. WELLFIELD PROTECTION ZONE MAPS

Illustrating the Locations of Wellfield Risk Management Special Treatment Overlay Zones Established by the "Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida" (Voorhees and Mades, 1989)

Initial reference to "appendix A" can be found in section 3.06.03 B.

The pages that comprise appendix A, as attached, are Xerox copies of portions of United States Geological Survey quadrangle maps on which the boundaries of the wellfield risk management zones are plotted. The wellfields are arranged in the order of mention in section 3.06.02 F.6.j.

Explanation of maps:

1.

Due to the location of some wellfields relative to map boundaries, there may be multiple plates required to illustrate the particular wellfield.

2.

Major roads are noted on the maps as initial points of reference.

3.

Zone W-1 is the land area encompassed by the innermost closed line around each wellfield.

4.

Zone W-2 is the land area situated between the innermost closed line around each wellfield and the next closest closed line around the wellfield.

5.

Zone W-3 is the land area situated between the closed line surrounding W-2, as defined above, and the third closed line from the wellfield.

6.

Zone W-4 is the land area situated between the outermost, closed line surrounding the wellfield and the next adjacent closed line that defines the outermost boundary of W-3.

INDEX TO APPENDIX A

This index includes the name of the wellfield and the United States Geological Survey quadrangle map(s) on which the wellfield is located.

EVERGLADES CITY WELLFIELD
Ochopee, Florida

FLORIDA CITIES (AVATAR) WELLFIELD
Belle Meade NW, Florida

NORTH NAPLES UTILITIES (QUAIL CREEK) WELLFIELD
Corkscrew SW, Florida

EAST GOLDEN GATE WELLFIELD
Plate 1—Corkscrew SE, Florida
Plate 2—Belle Meade NE, Florida

OASTAL RIDGE (GOODLETTE ROAD) WELLFIELD
Naples North, Florida

COLLIER COUNTY UTILITIES WELLFIELD
Plate 1—Corkscrew SW, Florida
Plate 2—Belle Meade NW, Florida
Plate 3—Corkscrew SE, Florida
Plate 4—Belle Meade NE, Florida

GLADES WELLFIELD
Plate 1—Naples North, Florida
Plate 2—Belle Meade NW, Florida

IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS
Immokalee, Florida

PELICAN BAY WELLFIELD
Plate 1—Bonita Springs, Florida
Plate 2—Corkscrew SW, Florida

PORT OF THE ISLANDS WELLFIELD
Weavers Station, Florida

10.04.02 -  Applications Subject to Type I Review

The following applications are subject to Type I review: SDP's; SIP's; and Amendments to both SDP's and SIP's.

For a graphic depiction of the review procedure, please see Illustration 10.04.02 A. below.

10.04.03 -  Applications Subject to Type II Review

The following applications are subject to Type II review: Conditional use Permits; Rezoning; LDC Text Amendments; GMP Amendments; and small-scale development Amendments.

For a graphic depiction of the review procedure, please see Illustration 10.04.03 A.

Illustration 10.04.03.A

(Ord. No. 07-67, § 3.X)

10.04.04 -  Applications Subject to Type III Review

The following applications are subject to Type III review: Variances; Administrative Appeals; Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested Rights; flood Variances; Parking Agreements.

For a graphic depiction of the review procedure, please see Illustration 10.04.04 A.

Illustration 10.04.04 A.

(Ord. No. 07-67, § 3.Y)

10.04.05 -  Procedures for Review and Approval of Type I Applications

For specific procedures pertaining to each application, please see Illustration 10.04.02 A. and the various sections in this chapter pertaining to that application.

10.04.06 -  Procedures for Review and Approval of Type II Applications

For specific procedures pertaining to each application, please see Illustration 10.04.03 A. and the various sections in this chapter pertaining to that application.

10.04.07 -  Procedures for Review and Approval of Type III Applications

For specific procedures pertaining to each application, please see Illustration 10.04.04 A. and the various sections in this chapter pertaining to that application.

10.04.08 -  Modifications to Pending Applications

A.

Modification of regulated development, revision or revocation of a certificate to operate, or a wellfield conditional use permit.

1.

Modification of regulated development and Notification.

a.

The owner/operator shall notify the County Manager in writing prior to any expansion, alteration or modification of a regulated development for which:

i.

A certificate to operate or a wellfield conditional use permit has been issued; or

ii.

A wellfield exemption has been legislatively provided.

b.

Expansion, alteration or modification shall include, without limitation:

i.

An increase in square footage, production or storage capacity;

ii.

Increased quantities of a hazardous product or hazardous waste or changes in the type or nature of a regulated development; and

iii.

Any other proposed change to the regulated development which may require a change, modification or alteration of the approved containment system, the maintenance procedures for the system, or in the approved contingency plan.

c.

County approval of modification.

i.

The expansion, modification or alteration of a regulated development shall require prior county approval. Failure to obtain such approval as provided herein shall result in the county commencing revocation or revision proceedings of the certificate to operate, the wellfield conditional use permit or the wellfield exemption for a regulated development, if in the opinion of the county, such change substantially or materially modifies, alters or affects:

(a)

The conditions under which the certificate to operate, or the wellfield conditional use permit was granted; or

(b)

The conditions under which the development qualifies for a wellfield exemption.

ii.

The county shall notify the owner/operator in writing, within 60 days of receipt of the notice of change, of the county's intent to revoke or revise the authorization and the grounds therefore as provided in section 10.04.08 A.2.c. hereof.

2.

Revocation or revision of certificate to operate, wellfield conditional use permit or wellfield exemption.

a.

Notice of intent to revoke.

i.

No wellfield exemption, wellfield conditional use permit, or certificate to operate for a regulated development shall become vested.

ii.

The county may revoke any wellfield exemption, wellfield conditional use permit, [or] certificate to operate after first issuing a written notice of intent to revoke to the owner/operator which states that the owner/operator:

(a)

Has failed or refused to comply with any of the provisions of this section;

(b)

Has submitted false or inaccurate information in the application or petition which information reasonably induced the county to issue the certificate to operate, or approve the wellfield conditional use permit;

(c)

Has failed to submit reports or other information required under section 3.06.12 as a condition of a certificate to operate, or wellfield conditional use permit;

(d)

Has refused lawful inspection as required by this section as a condition of a certificate to operate or wellfield conditional use permit; or

(e)

Has altered, modified or expanded a regulated development as provided in this section.

b.

Notice of intent to revise.

i.

No wellfield exemption, wellfield conditional use permit, or certificate to operate for a regulated development shall be vested.

ii.

The county may revise any wellfield exemption, wellfield conditional use permit or certificate to operate granted or issued after first issuing written notice of intent to revise which complies with section 10.04.08 A.2.a.ii. and further states that the owner/operator:

(a)

Has been [sic] unlawfully modified, altered or expanded a regulated development as provided in this section;

(b)

Has been identified by the county as responsible for, in whole or in part, for a discharge or accidental release of hazardous products or hazardous wastes or other contaminant associated with the regulated development; or

(c)

The contingency plans and/or remedial action initiated and performed by or on behalf of the owner/operator were not approved by the county or applicable state or federal agencies and are deemed by the same to be inadequate for the regulated development.

c.

Factual basis for revocation or revision.

i.

Initiation of review. After being informed of or discovery of an unauthorized discharge or accidental release of a hazardous product, hazardous waste or contaminant, the county shall review the certificate to operate, the wellfield conditional use permit, or wellfield exemption for the regulated development(s) associated with the discharge or accidental release.

ii.

Action by county. In the event the county determines that the owner/operator has failed to comply with the terms of the certificate to operate, the wellfield conditional use permit or the wellfield exemption, the county may elect to issue a notice of intent to revoke or revise such authorization to operate subject to the provisions of this section.

iii.

Criteria.

In consideration of whether to revoke or revise a certificate to operate or a wellfield conditional use permit, the board shall consider:;

A.

The intentional nature or degree of negligence, if any, associated with the discharge or accidental release;

B.

The extent to which containment or cleanup of the contaminant or hazardous product or hazardous waste or its components is possible;

C.

The nature, number and frequency of previous discharges or accidental releases attributable to the regulated development;

D.

The potential degree of harm to the groundwater and surrounding public potable water supply wells as a result of the discharge or accidental release; and

E.

The owner/operator's actions in responding to this and previous discharges or accidental releases.

iv.

Contents of notice of intent.

(a)

To initiate revocation or revision under this section, the county shall first issue a notice of intent to revoke or revise which shall, in addition to the applicable standards of sections 10.04.08 A.2.c. and 10.04.08 A.2.b. hereof contain the following information:

A.

The name and address of the owner/operator; and

B.

A description of the regulated development which is the subject of the proposed revocation or revision; and

C.

The approximate or, if available, actual location of the discharge or accidental release, if any; and

D.

A concise explanation and specific reasons for the proposed revocation or revision; and

E.

The statements that:

"Failure to file a petition with the County Manager within 20 days after the date upon which the Permittee receives written Notice of the Intent to Revoke or Revise shall render the proposed revocation or revision final and in full force and effect."

"Failure of the Owner/Operator to file a petition in opposition to the Notice of Intent to Revise or the Notice of Intent to Revoke as provided in Article 10 [section 10.04.11 A.] of this Ordinance, shall render the proposed revocation or revision final and in full force and effect."

(b)

Failure of the owner/operator to file a petition in opposition to the notice of intent to revise or the notice of intent to revoke as provided in section 10.04.11 A. of this section shall render the proposed revocation or revision final and in full force and effect.

(c)

Nothing in this section shall preclude or be deemed a condition precedent to the county seeking a temporary or permanent injunction.

10.04.09 -  School Concurrency Procedures for the Review and Approval of Residential Subdivision Plats and Residential Subdivision Plat amendments; Residential Site Development Plans and Residential Site Development Plan amendments

A.

Definitions Applicable to School Concurrency Reviews.

Adjacent Concurrency Service Areas: Concurrency Service Areas which are contiguous and touch along one side of their outside geographic boundary.

Available Capacity: Existing school capacity which is available within a Concurrency Service Area including any new school capacity that will be in place or under actual construction, as identified in the first three years of the School District's Five Year Capital Improvement Plan.

Proportionate Share Mitigation (Schools): An Applicant improvement or contribution identified in a binding and enforceable agreement between the Applicant, the School District and the Local Government with jurisdiction over the approval of the plat, site plan or functional equivalent to provide compensation for the additional demand on public school facilities caused by the residential development of the property, as set forth in Section 163.3180(13)(e), F.S.

School Board: The governing body of the School District, a political subdivision of the State of Florida and a corporate body pursuant to Section 1001.40, F.S.

School District of Collier County: The School District created and existing pursuant to Section 4, Article IX of the State of Florida Constitution.

Type of School: Schools providing the same level of education, i.e. elementary, middle, high school, or other combination of grade levels.

B.

School Concurrency Established

1.

Purpose. The County and the School District shall ensure that the LOS standard established for each Type of School is achieved and maintained.

2.

Applicability. No residential subdivision plat or residential site development plan for new residential development may be approved by the County, unless the application is exempt from these requirements as provided for in this Section, or until a School Capacity Availability Determination Letter (SCADL) has been issued by the School District to the County indicating that adequate school capacity exists within a Concurrency Service Area (CSA) for each Type of School.

a.

The County may condition the approval of the application to ensure that necessary schools are in place, in order to validate or render effective the approval. This shall not limit the authority of the County to deny a residential plat, residential site plan or its functional equivalent, pursuant to its home rule regulatory powers.

3.

Exemptions. The following shall be exempt from the terms of this subsection:

a.

Single family and mobile home lots of record, existing as of the effective date of school concurrency, October 14, 2008.

b.

Any new residential development that had a final subdivision plat or site development plan approval as of the effective date of school concurrency, October 14, 2008.

c.

Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single-family to multi-family).

d.

Age-restricted communities with no permanent residents under the age of 18. Exemption of an age-restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older.

e.

All new residential subdivision plats and site development plans, or amendments to previously approved residential development orders, which are calculated to generate less than one student.

f.

Development that has been authorized as a Development of Regional Impact pursuant to Chapter 380, F.S., as of July 1, 2005.

C.

School Concurrency Application Review. Any Applicant submitting an application for a residential subdivision plat or residential site development plan must prepare and submit a School Impact Analysis (SIA) to the County for review by the School District. An application that is determined to be exempt under Section 10.02.07 is not subject to school concurrency. Refer to Section 10.04.09 for SIA requirements.

1.

The SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, etc.), a phasing schedule (if applicable), and age-restrictions for occupancy (if any). The County shall initiate the review by determining that the application is sufficient for processing. Once deemed sufficient, the County shall transmit the SIA to the School District representative for review. The process is as follows:

a.

An application for residential development is submitted to the County for a sufficiency review. Once deemed sufficient, the County transmits the SIA to the School District for review. The School District may charge the applicant a non-refundable application fee payable to the School District to meet the cost of review.

b.

Within 20 working days of receipt of a sufficient SIA application, the School District representative shall review the application and provide written comments to the County. Each SIA shall be reviewed in the order in which it is received.

c.

In the event that there is not adequate capacity available within the adopted LOS standard in the Concurrency Service Area (CSA) in which the proposed development is located or in an adjacent CSA to support the development impacts, the School District representative will issue a School Capacity Availability Determination Letter (SCADL) within 20 working days of receipt of the SIA detailing how the development is inconsistent with the adopted LOS standard, and offer the applicant the opportunity to enter into a negotiation period to allow time for the mitigation process. If the proposed mitigation is accepted by the School District, County and the applicant, then those parties shall enter into an enforceable and binding agreement with the County and the applicant.

d.

When capacity has been determined to be available, the School District representative shall issue a SCADL verifying available capacity to the applicant and the County within 20 working days of receipt of the SIA application.

e.

The County shall be responsible for notifying the School District representative when a residential development has received a Certificate of Public Facility Adequacy (COA), when the development order for the residential development expires or is revoked, and when its school impact fees have been paid.

D.

School Concurrency Approval. Issuance of a SCADL by the School District identifying that capacity exists within the adopted LOS standard indicates only that school facilities are currently available, and capacity will not be reserved for the applicant's proposed residential development until the County issues a Certificate of Public Facility Adequacy (COA).

1.

The County shall not issue a COA for a residential development until receiving confirmation of available school capacity within the adopted LOS standard for each Type of School, in the form of a SCADL from the School District. Once the County has issued a COA, school concurrency for the residential development shall be valid for the life of the COA. Expiration, extension or modification of a COA for a residential development shall require a new review for adequate school capacity to be performed by the School District.

2.

The County shall notify the School District within 10 working days of any official change in the status of a COA for a residential development.

3.

The County shall not issue a building permit for a non-exempt residential development without confirming that the development received a COA at plat or site plan approval, and that the COA is still valid. Once the County has issued a COA, school concurrency for the residential development shall be valid for the life of the COA.

E.

Proportionate Share Mitigation. In the event there is not sufficient school capacity available within the adopted LOS standard to support an applicant's development, the School District in coordination with the County may consider proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the Applicant and the County to mitigate the impact from the development through the creation of additional school capacity.

F.

Mitigation. If mitigation is agreed to, the School District shall issue a new SCADL approving the applicant's development subject to those mitigation measures agreed to by the County, applicant and the School District. Prior to residential subdivision plat or site plan approval, the mitigation measures shall be memorialized in an enforceable and binding agreement with the County, the School District and the applicant that specifically details mitigation provisions to be paid for by the applicant and the relevant terms and conditions. If mitigation is not agreed to, the SCADL shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A SCADL indicating that either adequate capacity is available or that there is no available capacity following a 90 day negotiation period constitutes final agency action by the School District.

(Ord. No. 10-23, § 3.XX)

10.04.10 -  Withdrawal of Pending Applications [Reserved]

10.04.11 -  Public Hearings

A.

Appeals and public hearings for wellfields.

1.

Public hearings.

a.

Public hearings shall be required for:

i.

The issuance of a wellfield conditional use permit;

ii.

An appeal from an adverse administrative determination on issuance of a certificate to operate filed with the County Manager within 30 days of issuance of the administrative determination; and

iii.

County-initiated revocation or revision of a certificate to operate, a wellfield conditional use permit or wellfield exemption.

b.

Standards for Public hearings:

i.

Appeals from adverse administrative determinations, applications for wellfield conditional use permits and county-initiated revocation or revision proceedings shall be considered for approval, approval with conditions or denial by the board as a public hearing matter and shall be scheduled for public hearing in the same manner as an application for zoning atlas amendment and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded, and when effective, the Collier County Unified Land development Code.

2.

Notice of public hearing.

a.

Notice to the public.

i.

Public notice shall be given in the same manner as for any ordinance affecting the use of land as set forth in F.S. § 125.01, and as required for an application for zoning atlas amendment as required in section 3.06.05 hereof and in accordance with Collier County Ordinance No. 82-2, and as may be amended or superseded, and when effective, the Collier County Unified Land development Code.

ii.

The unintentional failure of the owner/operator seeking approval of a wellfield conditional use permit or appealing an adverse administrative determination, to notify the contiguous property owner(s) or other persons shall not be grounds for a continuance of the hearing, nor in any way affect any action taken at such hearing.

b.

Notice to owner/operator.

i.

Notice of public hearing arising from county-initiated revocation or revision proceedings shall be served upon the owner/operator by certified return receipt mail no less than 15 days prior to the hearing.

ii.

The notice shall contain the following information:

(a)

Name and address of the owner/operator; and

(b)

A description of the regulated development; and

(c)

Specific citations to the section(s) applicable of the LDC alleged to be the basis of the proposed revocation or revision; and

(d)

The time, place and date of hearing; and

(e)

The following statements:

(i)

"Failure to attend may result in an Order being issued which may be adverse to your interest."

(ii)

"All parties shall be given the opportunity to present witnesses and evidence in support of their position and to cross examine witnesses."

(iii)

"Pursuant to Section 286.0105, Florida Statutes, notice is hereby given that appeals from any decision of the County Commission with respect to any matter considered at the public hearing, will require a record of the proceedings and may require that a verbatim record of the proceedings be made."

(f)

The name and signature of the County Manager.

3.

Decisions by the Board.

a.

At all public hearings, the Board shall hear and consider all facts material to the application, petition or appeal and shall thereafter issue a decision based upon the greater weight of substantial competent evidence.

b.

The board may affirm, reverse or modify the action or proposed action of the County Manager.

c.

In all cases the board shall render a decision within 14 working days from the date on which the hearing is concluded which shall be the final administrative action on behalf of the County.

d.

Any person who is a party to the proceeding before the board may apply to a court of competent jurisdiction for review in accordance with applicable Florida Rules of Civil Procedure and Florida law.

e.

There shall be no administrative review on behalf of the County other than that review specifically provided in this section.

10.04.12 -  Denial of Application [Reserved]