PURPOSE: It is the Road Maintenance Division’s intent to set forth steps to be taken by right of way applicants to initiate a landscape maintenance agreement for landscape and irrigation within the County maintained Rights-of-Way (ROW)
WHEN DO I NEED A LANDSCAPE MAINTENANCE AGREEMENT? A landscape maintenance agreement is needed in all instances when proposing landscape and irrigation within the rights of way with one exception which is addressed through and exemption application.
EXEMPTION FROM RIGHT OF WAY PERMIT FOR LANDSCAPE IN THE RIGHT OF WAY: On June 12, 2012, the BCC approved and added to the Handbook as No. 12 under “I. Permit Requirements, E. Exemptions form Permit Requirements,” as follows:
“Vegetation adjacent to any residence/business provided that does not hinder sight distance, is not a fixed obstacle (ie: boulder, fence, planter), and/or does not interfere with roadside drainage and maintenance. The following, specific criteria intended to protect public safety, shall apply:
- No vegetation shall exceed a maximum height of thirty (30) inches from natural ground level or exceed a base trunk size of four (4) inches in diameter.
- Permissive vegetation shall not interfere with roadside drainage or hinder the ability to maintain the roadway and drainage facilities.
- The owner may submit a Right-Of-Way Permit Application for larger vegetation which demonstrates it will not negatively affect safety, drainage, or maintenance.
- All vegetation placed in the Right-Of-Way or Easement by abutting property owner shall be maintained by the owner at their sole expense and risk. Should it become necessary for the County, its agents, contractors, or permittee to remove any vegetation within the County owned Right-Of-Way/Easements for whatever reason, owners will not be reimbursed for any costs associated with said action unless specifically noted on an approved permit.
POLICY/PROCEDURE FOR PERMIT EXEMPTION:
- In order to receive an “Exemption from Permit Form” is required to be filled out by the applicant. The “Exemption from Permit Form” must be submitted to:
Growth Management Department
Road Maintenance Division- Landscape Section
Landscape Operations Manager
2885 South Horseshoe Drive
Naples, Florida 34104
- Applications must be complete and provide sufficient information.
- Upon receipt of the application, Collier County Road Maintenance Landscape Section will review the application to determine if the project is exempt from permit and notify the applicant.
- After notification by the applicant of project completion, Road Maintenance staff will check the placement of all plantings at the project site to assure acceptable plant placement.
- The County reserves the right to remove the project or a portion thereof if necessary due to construction. Drainage requirements, traffic safety, or lack of maintenance.
POLICY/PROCEDURE FOR LANDSCAPE MAINTENANCE AGREEMENTS:
- The “Applicant” may be a private, homeowners association, or developer. The applicant will be responsible for the installation costs of the landscape and irrigation project along with its perpetual maintenance.
- The applicant is required to obtain a Right-of-Way Permit. Included in the right of way applicant are the following:
- Original signed and notarized landscape maintenance agreement. (LMA)
- Right of way permit and a check for the associated fees. (ROW permit - fee schedule)
- Signed and sealed landscape architectural plans that indicate the limit of work and future maintenance. (The Design Checklist)
- Landscape Maintenance Specifications (Boilerplate Specifications)
- All attachments will be reviewed by Right of way permitting and Road Maintenance Landscape staff. Upon approval of plans, issuance of the right of way permit, and receipt of the original landscape maintenance agreement, a right of way permit will be issued and the completed agreement will be submitted to the County Attorney’s Office for review for legal sufficiency.
- The agreement requires Board of County Commissioner approval prior to starting the work.
- The Board approved agreement is recorded through Minutes and Records. The applicant is responsible for all recording fees.
- After notification by the Applicant of the project completion, Right of way inspection and Road Maintenance Landscape staff will check the placement of all plantings at the project site to assure acceptable plant and sprinkler head placement.
- The County reserves the right to remove the project or a portion thereof if necessary due to construction, drainage requirements, traffic safety, or lack of maintenance through the terms of the agreement.
RIGHT-OF-WAY & LANDSCAPE & IRRIGATION HANDBOOKS:
- Public Rights of Way Construction Standards Handbook
- Landscape and Irrigation Specifications Handbook
For more information on Landscape Maintenance Agreements, please contact:
Pamela Lulich, PLA, ASLA
Landscape Operations Manager,
Road Maintenance Division
Updated June, 2015