Ordinance 2000-056NAR ORDINANCE NO. 2000- 56
DINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-
MENDED, BY AMENDING SUBSECTION 2.02(A) TO CLARIFY
OAD IMPACT FEES ARE DUE AND PAYABLE FOR ROAD
.~.~;~,PACT CONSTRUCTION T~AT IS NEITHER A BUILDING NOR A
"t~I~TRUCTURE; PROVIDING l~OR RETROACTIVE APPLICATION OF
LATE PAYMENT INTEREST AND PENALTIES TO THE DATE OF
DELINQUENCY; AUTHORIZING WITHHOLDING OF SPECIFIED
DEVELOPMENT ORDERS; PROVIDING A SPECIAL PROVISION FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on April 16, 1992, the Board of County Commissioners ("Board") adopted
Ordinance No. 92-22, entitled the Road Impact Fee Ordinance; and
WHEREAS, most provisions of Ordinance No. 92-22, as amended, are triggered by issuance
of a "Building Permit" as defined in Section 1.01 therein; however, use of golf course acreage or use
of park acreage constitutes Road Impact Construction that is neither a building nor a structure, but
is "Use of Land Road Impact Construction" and is usually authorized by the County by...-~o. ~me r~;ans
other than issuance of a Building Permit; and ~
WHEREAS, in instances where the obligation to pay road impact fees is ¢~,t triggered '
concurrently by issuance of a Building Permit, the events that trigger the obligation ~pay
Land Road Impact Fees are ambiguous m the current Road Impact Fee Ordinance; ar~m
WHEREAS, the Board desires to clarify which events trigger the obligation to pay Road
Impact Fees ascribed to "Use of Land Road Impact Construction" - that is neither a building nor
a structure; and
WHEREAS, the Board also mandates that all Use of Land Road Impact Fees must be paid
to the County not later than the first occurrence of any of the following: issuance of the first Building
Permit for the first building or structure accessory to Use of Land Road Impact Construction;
issuance of a Building Permit for the first non-accessory building or non-accessory structure that is
to be a part of the Use of Land Road Impact Construction; or issuance of a parking facility Building
Permit immediately prior to commencement of construction of the first parking facility planned to
be used by the users of the associated Use of Land Road Impact Construction; and
WHEREAS, the Board hereby requires that in no event shall any Road Impact Construction
whatsoever be opened for use before all Road Impact Fees ascribed thereto have been paid to the
County in full; and
WHEREAS, the Board hereby mandates that if any Road Impact Fees ascribed to any Road
Impact Construction whatsoever anywhere within the unified whole of development have not been
paid to the County in full when due, staff may withhold issuance of all then unissued development
orders applied for by, or on behalf of, the landowner or the developer, until those overdue Road
Impact Fees are paid to the County in full; and
WHEREAS, Subsections B, C, and D of Section 2.02 are not being amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Subsection 2.02 (A) of Article I of Collier County Ordinance No. 92-22,
as amended, is hereby further amended to read as follows:
..... v ..............v ...........................Notwithstanding any other provisions
of this Ordinance or of any other Collier County Ordinance, all t4~ Road Impact Fees that are
ascribed to Road Impact Fee Construction authorized by a Building Permit shall be paid prior to
issuance of the respective Building Permit for a,n3' the respective Road Impact Fee Construction
occurring within the unincorporated area or within the municipal boundaries of any then existing
municipal corporation in Collier County.
(1). In the event the Road Impact Construction is located within the unincorporated area
of the County, the Road Impact Fee shall be paid to the County prior to issuance of the Building
Permit by the County.
(2). In the event the Road Impact Construction is located within the boundaries of a
municipality, the Road Impact Fee shall be paid to the municipality Cit3' prior to issuance of the
Building Permit by the City municipality.
(3). "Use of Land" Road Impact Construction. With regard to all Road Impact
Construction that is neither a building nor a structure, such as, but not necessarily limited to, golf
course acreage or park acreage ("Use of Land Road Impact Construction"), all Road Impact Fees
ascribed to such Use of Land Road Impact Fee Construction shall be paid to the County ir~ full not
later than the occurrence of any of the following events, whichever first occurs:
(a). When the first Building Permit is issued to authorize construction of any
building or structure accessory to the associated Use of Land Road Impact Construction; or
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(b). When the first Building Permit is issued to authorize construction of the first
non-accessory building or non-accessory structure planned to be used by any part of the associated
Use of Land Road Impact Construction~ or
(c). Issuance of a Building Permit for the first parking facility to be used by the
associated Use of Land Road Impact Construction. The last in time authorization from staff that
authorizes constriction of the parking facility is hereby deemed to be this Building Permit, which will
usually be issued less than two weeks before commencement of construction of the parking facility
and will usually be issued to the contractor who will construct the parking facility.
(d). If initial construction of such first building or such first structure (including
first parking facility) commences before issuance of formal authorization to construct any of same
as specified in subparagraph (a), (b), or (c), aboye, the obligation to pay the related Use of Land
Road Impact Fees shall have been triggered the day the first such unauthorized construction
commenced. "Commencing Construction" means the earliest of (i) excavating or (ii) contouring the
land under and immediately adiacent to the building or structure just prior to forming up any part of
the building or structure (including the first parking facility)~ therefore, excluding general excavation
and/or general contouring of land for the larger project. Commencing any such construction before
having paid to the County when due all of the Use of Land Road Impact Fees ascribed to that related
Use of Land Road Impact Construction shall automatically render all such Use of Land Road Impact
Fees to be delinquent retroactively to the first day that those Road Impact Fees became due.
4. No Road Impact Construction whatsoever shall be opened for use before all Road
Impact Fees ascribed thereto have been paid to the County in full. Opening any such building,
structure~ or Use of Land Road Impact Construction, for use before all Road Impact Fees ascribed
thereto have been paid to the County in full shall automatically render all such Road Impact Fees to
be delinquent, provided they were not otherwise already delinquent.
5. Withholding Development Orders. All Road Impact Fees not paid to the County
in full when due shall automatically be "delinquent" and shall automatically be subiect to interest
and late payment penalties retroactively to the first date of the delinquency. When any Road Impact
Fees become delinquent anywhere throughout the unified whole of the respective development, staff
is authorized to withhold every then unissued Development Order(s) applied for by, or on behalf of,
the landowner or the developer, until all such delinquent Road Impact Fees have been paid to the
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County in full. "Development Order" shall mean each item included in the definition of
"Development Order" as then defined in Collier County's "Adequate Public Facilities Ordinance"
and/or as then defined in Section 163.3614, Florida Statutes, (as may then be renumbered). In this
context, phases in phased developments shall be disregarded."
SECTION TWO: SPECIAL CONFLICT AND SEVERABILITY PROVISIONS.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable
law, these amendments to subsection 2.02(A) of Ordinance No. 92-22, shall supercede to the extent
of all such conflicts. If any phrase or portion of this Ordinance 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.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ./__~ day of ~--~,~, 2000.
]~WiGHT!,~: BROCK Clerk
, ~" DeputyCler~' ''
Approved as to fo~ and
legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
h/tcp/hennie/ordinances/2000/Road Impact Fees
COLLIER ~OUNTY, FLORIDA .~
TIM T(~ J. CON~NT1NIff,, Chairman
This ordinance filed with the
a,~c~lrY of St~e's Office the
of
and acknowledgement of that
filin~eceived this~ ~y
of~, ~-
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-56
Which was adopted by the Board of County Commissioners on
the 12th day of September,
WITNESS my hand and the official
County Commissioners of Collier County,
of September, 2000.
2000, during Regular Session.
seal of the Board
Florida, this 14t~<~z~ayC~
Clerk of Courts and
Ex-officio to Board'
County Commissioners
By: Ellie Hoffman,
Deputy Clerk