Ordinance 2001-054 ORDINANC :~nn.~ 5,~ -'" ----- ~
ENo .... .._-. nrmi-ee
AN ORDINANCE OF CO
LLIER COUNt, FLORIDA, AMENDING CH~R
74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, RS
BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLi~~
IMPACT FEE ORDINANCE)BY AMENDING SUBSECTION D IN SECTION
74-104 TO INCORPORATE BY REFERENCE THE LEVEL OF SERVICE
STANDARDS IN THE COUNTY'S WATER AND WRSTEWATER MASTER
P~NS; AMENDING THREE DEFINITIONS IN SECTION 74-108; ADDING A
NEW SUBSECTION 7 TO SECTION 74-201 TO PROVIDE FOR
EXEMPTIONS FROM ROAD IMPACT FEES APPLICABLE TO BUILDINGS
CONSTRUCTED ON A COUNTY-OWNED AIRPORTS BY THE TENANT
AND THE COUNTY OR THE AIRPORT AUTHORITY PROVIDED THE
LEASE AGREEMENT WAS EXECUTED BEFORE MARCH 13, 2001, AND
THE LEASE THEN CONTACTED TO THE COUNTY OR THE AIRPORT
AUTHORITY AN OPTION TO ACQUIRE TITLE TO THOSE BUILDINGS
WITHIN TWENTY-NINE YEARS AT NO COST TO THE COUNTY;
AMENDING PA~G~PH "C" IN SECTION 74-203 REGARDING USE OF
ACCRUED INTEREST TO FUND WAIVERS; AMENDING PA~G~PH "A"
TO SECTION 74-202 TO CLARIFY THAT EXEMPTED IMPACT FEES NEED
NOT BE PAID TO THE ~UNTY; AMENDING ARTICLE II OF SUBSECTION
B IN SECTION 74-203 TO INCORPO~TE THEREIN THE COUNTY'S THEN
CURRENT WATER AND SEWER MASTER PLANS; ADDING A NEW
SUBSECTION "H" TO SECTION 74-203 TO RECOGNIZE THE
SUPERCEDING SPECIAL ACT REQUIREMENTS APPLICABLE TO
REFUNDS OF WATER AND SEWER IMPACT FEES; ADDING A NEW
SUBSECTION "r' TO SECTION 74-203 REGARDING WAIVERS OF IMPACT
FEES FOR ELIGIBLE NOT-FOR-PROFIT, CHARTABLE ENTITIES; ADDING
A NEW PROGRAPH "G" TO SUBSECTION D OF SECTION 74-303
REGARDING WATER AND SEWER IMPACT FEE CREDITS THAT MAY
BECOME AVAILABLE TO MULTI-FAMILY UNITS, DUPLEXES, MOBILE
HOMES OR TRAVEL ,T~ILER RECREATIONAL VEHICLES;,
CORRECTING SCRIVENER S ERRORS; PROViDiNG FOR INCLU~
THE CODE OF ~WS AND ORDINANCES; PROViDiNG FOR co~LI~
AND SEVE~BILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, on March 13, 2001 the Board of County CommissionerFof~olli~
County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ord~e,';whi~
is Chapter 74 of the County's Code of Laws and Ordinances; and
WHEREAS, the Public Utilities Division has requested that the Consolidated Impact
Fee Ordinance recognize that the level of se~ice standards applicable to water and/or
wastewater facilities be either the level required by the Counys Comprehensive Land Use
Plan or by the Water or Wastewater Master Plan, whichever imposes the stricter
standards; and
WHEREAS, the Public Utilities Division requests authorization to spend water and
sewer impact fees and to grant developer contribution credits to the extent authorized by
the Water or Sewer Master Plan provided the respective project is not in conflict with the
County's then current Comprehensive Land Use Plan; and
WHEREAS, the County's former Road Impact Fee Ordinance provided that all
"government buildings" were exempt from payment of road impact fees, including
buildings constructed by or on behalf of the tenant (or subtenant) on County-owned
leased premises at any of the three County-owned airpods, and the leasing agreement
expressly provided that such improvements, at the end of the leasing agreement, at the
option of the County would become the property of the County; and
WHEREAS, The recently adopted Consolidated Impact Fee Ordinance, which
became effective on March 19, 2001, eliminated all of the former "govemment buildings"
exemptions from payments of road impact fees, including, inadvertently, then existing
airport leases; and
WHEREAS, to eliminate the unintended elimination of the prior "government
building exemptions" in the context of then existing airport leases, which occurred as a
result of Ordinance No, 2001-13, the Board desires to authorize the County Manager to
grant exemptions from Road Impact Fees with regard to future applications for building
permits requesting authorization to construct buildings by or through such tenants or
subtenants at each Collier County-owned Airport, provided that the lease was signed by
both parties prior to March 13, 2001, and the lease then specified that the County (or the
Airport Authority) can elect to either acquire title to such building(s) at no cost, or can elect
that such improvements be rem~3ved and the leasehold estate be restored to the physical
conditions that existed before commencement of the lease at no cost to the County; and
WHEREAS, the Consolidated Impact Fee Ordinance eliminated provisions for
waivers of impact fees in all instances except affordable housing waivers or deferrals; and
WHEREAS, the Board of County Commissioners desires to establish a limited
program to authorize granting of waivers from payment of impact fees only for specified,
tax exempted, not-for-profit, charitable, entities that provide specified services of
substantial benefit to Iow income or very Iow income residents of Collier County at no
charge or at reasonable, reduced rates, and, subject to being increased by possible cash
being carried forward into the next succeeding fiscal year, the cumulative total of these
waivers shall not exceed one hundred thousand dollars ($100,000) in any fiscal year,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article I, Subsection D in Section 74-104 of the Collier County Code
of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to
read as follows:
Section 74-104. Findings.
It is hereby ascertained, determined and declared:
D. The level of service standards for the Public Facilities as adopted in the Collier
County Comprehensive Plan or in the Water Master or Wastewater Master Plan, as may
hereafter be amended from time to time are controlling upon this chapter and are
incorporated throughout this chapter.
2 Underlined text is added; ~ text is deleted.
SECTION TWO. Section 74-108 "General Definitions" is amended only as follows:
The definition of"Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF) is
amended to read:
"Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF)" shall mean facilities
that consist of one or more (not limited to multi-unit buildings) multi-unit buildings, deskjP, ed
used for elderly living. They may also contain dining rooms, medical facilities, and
recreational facilities. The primary characteristics that distinguish ACLF's from Nursing
Homes is the ability of the residents to care for themselves. ACLF's may include private
homes, boarding homes and other places that ~ must provide, for a period
exceeding twenty-four (24) hours at a time, food and other personal services for four or
more adults not related to the owner, who require such food and services. These facilities
may provide limited nursing s~rvices, when specifically licensed to do so pursuant to
Section 400.407, Florida Statutes.
The definition of "Adult only community" is amended to read as follows:
"Adult Only Community" shall mean a community or development, or specific part(s)
thereof, in which all the residents ~ must be abc';e !he age of .older than eighteen
years of age as and-is evidenced by ~ permanent age restrictions recorded in the
land records of the County, which restrictions shall run with the such .qeo~raphic areas
The definition of "Square Footage" is amended to read as follows:
"Square Footage" shall mean the gross area measured in feet from the exterior faces or
exterior walls or other exterior boundaries of the Building;. For the calculation of Road
Impact Fees, ~ Square Footage excludes areas within the interior of the building
which are utilized for parking.
SECTION THREE. A new subsection "7" is hereby added to Subsection (D)
("Exemptions") in Section 74-201, to reinstate exemptions from payment of only Road
Impact Fees as follows:
F. Exemptions from Road Impact Fees for Specified Airport Leases
1. Placement of buildings upon the leasehold by or throu,qh the leasinfi
subtenant or tenant within the then existinq boundaries of a County-owned airport aro
eligible for exemptions from Road Impact Fees provided the airport leasin.cl a~reemenl
was executed prior to March 13, 2001, and the lease, when executed, expressly provided
3 Underlined text is added; Stur, k-threu~ text is deleted.
that the County or the Airport Authority, not later than twenty-nine (29) years subsequent to
the initial effective date of the leasing agreement, at no expense to the County or Airpofl
Authority, will automatically acquire title to the respective buildinqs, or if the Board ol
Airport Authority decides not to acquire title to such buildings, the subtenant (or tenant), al.
no expense to the County or the Airport Authority, shall promptly remove such building,-;
and restore the leased (or subleased) premises to the physical conditions that existed as c I'
the commencement date of the respective leasing agreement. Eli.clibilitv for these
exemptions shall be vested retroactively to the date of the oriqinal execution of the lease
2. These exemptions are to be granted by the County Manager subject to an
application for the requested exemption being submitted to the County Manager, which
shall include a copy of the associated airport lease and a description of the associate~
airport leasehold development. Each such request must be submitted to the County
Manager not later than the date of the application to the County for the associated buildin~
permit(s) unless a time extension is granted by the County Manager for good cause
SECTION FOUR. Section 74-203, Paragraph C, is hereby amended as follows:
C. All funds on deposit which are not then immediately necessary for
expenditures shall be invested by the County in compound-interest bearinq Trust Fund(s),
All income derived from such investments shall be deposited in the specific Impact Fee
Trust Fund from which the invested funds came. To the extent not prohibited by law, rule,
re.qulation or contract (including bond covenants), interest then accrued in the respectivo
Trust Fund shall be used to fully fund "not-for-profit" charitable entity Impact Fees waivers
Accrued interest in one Trust Fund shall not be loaned to, transferred to, or otherwise bo
treated to the credit of any other Trust Fund or any other account. Impact Fee waiver~
granted by the Board shall be paid from accrued interest from each Trust Fund affected by
the waivers. In the event the administrator of a respective Trust Fund is of the opinion that
then accrued interest in the respective Impact Fee Trust Fund is insufficient to fund thc
then pending requested waivers, the manager of each such Trust Fund shall notify th~
County Manager in writing of the factual and legal bases for those opinions. Accrued
interest shall be deemed to "be available" to fund these "not-for-profit, charitable entity"
waivers unless there then exists an actual legal prohibition whereby that accrued interest
cannot legally be used to fund the requested waivers
SECTION FIVE. Section 74-202, paragraph ^, is hereby amended as follows:
A. Unless deferred or waived_by a written Agreement with the County as a party
thereto, or unless exempted, the Impact Fee shall be paid in full prior to the issuance of a
Building Permit for the Development, and no Building Permit or any other authorization to
use the land included in the Development shall be issued until each applicable Impact Fee
4 Underlined text is added; Stu~ text is deleted.
has been paid in full.
SECTION SlX. Article II, subsection B in Section 74-203 (immediately following paragraph
21 therein) is hereby amended as follows:
B. The monies deposited into the Impact Fee Trust Fund shall be used solely to
finance Public Facilities required by growth as projected in the Impact Fee Studies,_er the
Comprehensive Plan, or in the County's then current Water or Sewer Master Plan provided
the project in the respective Master Plan is consistent with the Comprehensive Plan.
SECTION SEVEN. A new subsection "H" is hereby added to Section 74-203, to
acknowledge and apply the superceding requirements of Section 19(D) of Chapter 88-499,
Laws of Florida with regard to water and sewer Impact Fee, as follows:
H. Notwithstandinq any other provisions in this Ordinance or in any other County
Ordinance, the provisions in subsection (D) of Section 19, Chapter 88-499, Laws of Florida,
a Florida Special Act applical~le to the County's Water-Sewer District, specify th;-~
requirements for eligibility for refunds of water and sewer Impact Fees when the structure
on the property is not authorized to connect into the County's respective utility system
within ten (10) years of the date of payment of the related Impact Fees. The Administrator
of the Public Utilities Division is authorized to grant such refunds without further approval
from the Board subject to the refund applicant complvin.(:l with all then applicable refunH
requirements.
SECTION EIGHT: A new subsection "1" is hereby added to Section 74-203, to authorize
waivers of impact fees for eligible not-for-profit, charitable, entities, only as follows:
I. Impact Fee Waivers Available to Charitable Organizations and Charitablo
Trusts. These Impact Fees waivers are available only to eli.clible to not-for-profit, charitabl~
entities as specified herein. The cumulative total of all not-for-profit waivers in each of th~-;
County's fiscal years shall not exceed one hundred thousand dollars ($100,000). If thc
total amount of impact fees waived pursuant to these provisions in one fiscal year is les~
than $100,000, or is less than the total in the funding account for that fiscal year, the su/~
of money not waived can be carried forward into the next fiscal year and, at the discretioi-
of the Board, can be added to the $100,000 funding account for the new fiscal year
Neither Impact Fees collected by the County for educational facilities nor fire impact fees
shall be waived under these provisions.
1. Entities Eliqible for Waivers. These waivers are available only to charitable,
not-for-profit entities that provide services of substantial benefit to Iow income or very Iow
income residents of Collier County at no charqe or at reasonable, reduced rates, and no
part of the net earnings of the entity shall inure to the benefit of any private shareholder o~
5 .Underlined text is added; ,~ text is deleted.
individual, and the entity complies with at least one (1) of the following:
a. The entity is described in subsection 501(C)(3) of Chapter 26 of th(..
United States Internal Revenue Code as a corporation, a community chest, a fund, or
foundation orqanized and operated exclusively for charitable purposes, or for testing fo,
public safety, or for prevention of cruelty to animals or children, and is then exempt fro,,
taxes under Section 501(a) therein; or
b. The entity Is described in subsections 501(C)(4)(A) and lB) of Chapter 26
of the United States Internal Revenue Code as either a Civic Leaque or an orqanization no[
organized for profit and operated exclusively for the promotion of social welfare, and
exempt from taxes under Section 501(a), therein; or
c. The entity Is described in subsection 501(C)(19) of Chapter 26 of the
United States Internal Revenue Code as a Post or orqanization of past or present
members of the Armed Forces of the United States, or as an auxiliary unit or society of, or
as a trust or foundation for, any such Post or orqanization and is exempt from taxes under
Section 501(a) therein; or
d. The entity is described in subsection 501(C)(20) of Chapter 26 of thc
United States Internal Revenue Code as an orqanization or trust, the exclusive function of
which is to form part of a qualified group le.qal services plan or plans within the meaning of
Section 120 as referenced therein; or
e. The entity is a hospital, a cooperative hospital service orqanization, .q
medical research orqanization, or similar organization under any provision within (or
referenced) in Section 501 of Chapter 26 of the United States Intemal Revenue Code and
the entity is exempt from federal income taxation; or
f. The entity is then exempt from Florida's annual and nonrecurrinq
intangible taxes pursuant to Subsection 199.185(4). Florida Statutes, as a "Charitable
Trust" and at least ninety-five percent (95%) of its income is paid to one (1) or more of tho
above-listed federal tax exempt entities.
2. Amount of Waivers Available to Applicants. Subject to not excccdinq thc
amount of impact fees paid (or to be paid) by the applicant to the County, the applicant
may request waivers of all impact fees that are waivable under these provisions, but no
applicant shall be granted more than $5,000 of not-for-profit waivers
3. No construction that has obtained an affordable housinq waiver under this
Article shall be eligible for any waiver under these provisions. No construction that has
been .clranted a waiver under these provisions shall be eligible for any County affordable
housing waivers.
4. Applications for Waivers Pursuant to this Section 74-203
a. The applicant must file a wdtten waiver request application to the County
Manager not later than concurrently with payment of the respective Impact Fees. Tho
6 Underlined text is added; ~ text is deleted.
County shall not accept any such applications after the respective impact fees have beer
paid to the County. The applicant can avoid payment of Impact Fees (up to the maximur~
amount of impact fees that may possibly be waived for that applicant) only when it i,.;
possible that the Board may grant the requested waiver before the respective Impact Fee,-;
become due and payable to the County. The application must prove all of the applicablo
above-specified elements that render the entity eligible for the requested waivers, includint
required the tax exemption(s). The County Manager may request additional information
deemed appropriate to ascertain the applicant's eliqibilitv for the requested waivers,
including criteria noted in Sections 196.195 and 196.196, Florida Statutes.
b. No priority shall be given to any application based on any "first come, first
served" basis. The County Manager shall review each application to determine eligibility
for the requested waivers. Within thirty (30) days after receipt of the application, tho
County Manager should inform the applicant in writing whether the application is complete.
If the application is incomplete, the application may be retumed to the applicant, specifvin~
in writing why the application f~ils to prove that the entity is eligible for the requeste(;
waivers. After receipt of such notice, the applicant shall have an additional thirty (30) day,,;
to re-submit an amended application. Failure to meet this deadline shall void thc
applicant's eligibility for the requested waivers unless an extension is granted for good
cause at the County Manager's discretion.
c. After an application is determined by the County Manaqer to meet the
above-specified minimum filin.q requirements, the County Manager shall promptly place th~;
application request on the County's Manager portion of the Board's aqenda. The fiscal
year in which the waiver application is granted or denied by the Board shall be the fiscal
year that applies to the application. The Executive Summary shall specify the criteria-
deemed by the County Manager to render the applicant eliqible (or ineli.qible) for tho
requested waivers, and shall include the County Manager's recommendations whether th~:
Board should grant the request in whole or in part, or should deny the request, along with ~
proposed Resolution that may be adopted by the Board that contains specific findings thai
the applicant is (or is not) eligible for the requested waivers. No Resolution shall apply re,
more than one (1) applicant. Waivers granted shall be final and vested immediately upoi-
adoption of the Resolution.
5. Not-for-profit waivers are discretionary and the Board's decisions are final
6. The County Manager may adopt additional .qenerallv applicable procedural
rules with reqard to application requests provided those rules apply to ali similarly situate~l
applicants and do not impose additional mandatory eligibility requirements upon any
applicant.
7 Underlined text is added; Stuc=,k-thr~3h text is deleted.
SECTION NINE. A new paragraph "g" is hereby added to Subsection D in Section 74-
303, as follows:
.Cl. Multi-family unit, duplex, mobile home or travel trailer recreational vehiclo
impact fees shall be paid to the County at the largest dollar amount based upon th;;
permit/space, or the meter size as determined by applying Ordinance No. 97-17 as the~:
amended or superceded. In the event the meter size calculation results in a larger initial
payment of such Impact Fees than would result by application of the permit/spaco
calculations, the payer of such larger initial water and/or sewer Impact Fees shall bn
entitled to impact fee credits aqainst additional units as buildinq permits for those additional
units are issued by the County within that development. Staff is authorized to approve and
grant such credits.
SECTION TEN. Scrivener's Error Corrections.
This Section corrects scrivener's errors in Chapter 74, the Collier County Code of
Laws and Ordinances (Ordinance No. 2001-13) as follows:
^. Section 74-100, titled "Repeal of Ordinances" is hereby amended to correct
scrivener's errors as follows:
On the effective date of this Ordinance the following Collier County Ordinances were
· hi, ,~,r~h~s
repealed and superceded in their entirety: Ordinance ........ r No. 98-69, as amended, the
Collier County Regional Water and/or Wastewater Systems Impact Fee Ordinance;
Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee
Ordinance; Ordinance No. 88-97, as amended, the Collier County Library System Impact
Fee Ordinance; r~,,+.,,~,,,.,~ kl~, ~'"'~ ~ ..... *~,--,o, ~--.',*;,~o I,,,,,~,., re,, r~,,~ .....
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Ordinance No. 92-22, as amended, the Collier County Road Impact
Fee Ordinance; Ordinance No. 92-33, as amended, the Collier County Educational Facilities
System Impact Fee Ordinance; Collier County Ordinance No. 99-52, the Collier County
Correctional Facilities Ordinance; and Collier County Ordinance No. 98-30, the Isles of
Capri and Ochopee Fire District Impact Fee Ordinance.
B. In Section 74-203, titled "Use of Funds" immediately following paragraph 21
of Subsection B: Subsections A, B. C, D, and E are corrected to read as follows:
A-should be C; B should be D; C, should be _E; D should be F; and E--should be G.
SECTION ELEVEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional or 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 portions.
8 Underlined text is added; ~ text is deleted.
SECTION TWELVE: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION THIRTEEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
Cou[I/,y~,F, Ior, ida this ?,~' day of (~~ 2001.
'";;'..':Dt./VJ~T '~.iaROCK, Clerk
~ '"1 ' --,, .:
';- ;'~i~t'.~,' Deputy Cl~ri~
Attila' m te t~lrlml'l
Approved as to fo~ and
legal sufficiency:
Thomas C. Palmer,
Assistant County AEorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COU~A
By:_
James b~ Carter, Ph.D., Chairman
This ordinance fi!ed with tk~,~
Secretory of State's Office
/~;;]~ day of ~, ;~-,~'~/
and ocknow~edgemen,~f that
filin.q.,received this ~ ·~doy
of C.~ e~-.
Depu?y Cler~
9 Underlined text is added; ~ text is deleted.
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. 2001-54
Which was adopted by the Board of County Commissioners on
the 9th day of October, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th day
of October, 2001.
DWIGHT E BROCK
Clerk of Courts a~
Courlty Comml s s lon~!-s..
By: ~.llie Hoffm~n,
Deputy Clerk