Ordinance 2001-063~~,\ ORDINANCE NO 2001 - 63
'
~l[~tl[~ A ._~;~RIVENER'S ERROR ORDINANCE OF COLLIER COUNTY, FLORIDA
It£b[I ¥ LU T,.C ORRECT ORDINANCE NO. 2001- 4, WHICH ORDINANCE AMENDE ;
~APTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS
~ENDED, THE SAME BEING COLLIER COUNTY ORDINANCE NO. 2001-
13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE,
AS THEN AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, on October 9, 2001, the Board of County Commissioners of Collier
County adopted Ordinance No. 2001-54, amending the County's "Consolidated Impact Fee
Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and
WHEREAS, in error, Ordinance No. 2001-54, at Code Subsection 74-108,
"Definitions," the definition of"Adult Congregate Living Facility (ACLF)" was incorrect and
a new intended definition of "Assisted Living Facility (ALF)" was omitted; and
WHEREAS, in error, Ordinance No. 2001-54, at Code Subsection 74-203(I)(1)(a),
included "animals"; and
WHEREAS, In error, Ordinance No. 2001-54, at Code Subsection 74-203(I)(1)(c),
contained a provision related to specified posts and organizations; and
WHEREAS, in error, Ordinance No. 2001-54, at Code Section 74-203(I)(2) limited
the maximum amount of each charitable waiver per eligible entity to $5,000, when the
correct maximum amount was intended to be $7.500; and
WHEREAS, in error, Appendix A, the revised Schedule One to the Ro~. :lml~ct Fee
Rate Schedule, was inadvertently omitted from Ordinance No, 2001-54; arid;
WHEREAS, in error, Appendix A, the revised Schedule Seven to t., Emerge'~
Medical Services Impact Fee Rate Schedule, was inadvertently omitted f~m ordina'~ce
~,,,-~ ~ ,
No, 2001-54; and
WHEREAS, this Ordinance is adopted to correct these scrivener ~=~or~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Section 74-108 of the Collier Code of Laws and Ordinances,
Definitions, as contained in Section 'TWO of Collier County Ordinance, No, 2001-54, is
hereby corrected to read as follows:
"Adult Congregate Living Facility ~'A~/r:~/~oo~o+~a, ~,,.',,~
, ..... ~ ................ F=c!!!ty (.~.LI-)" shall mean
residential facilities that consist of one or more/""*~ ............. ';'"';*"'~ to m'- -'!ti-'.:' n it ~., ........ ,;,,~;,-,-o~,.., .......... ,-,,, ,~,;, ,-',:.
buildings designed or 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 or Assisted Livinq Facilities (ALF's) are the ability of the residents to
Underlined text is adored; s!r'Jck-thru text is deleted
care for themselves. ACLF's may I,-,-',,~.- pr!v~te h"'""?, h..~,..~.',.., h.....,.o ..,,~ othc;'
,- ............... ,- ........... p~r:od ..v,.....,~i.,,. ,..,....,,,_~..,,. hours 3, ~ ,...,.. ~,-,..,~ and
n~h~r n~re~nn~l '
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........................... · - ...................... ~ °~"""~% "'~'~".... .. sp~c!~c~!l¥
The Definition "Assisted Living Facility (ALF)" is hereby added to read as follows'
Assisted Living Facility (ALF) shall mean residential facilities that provide housin.q, personal
care services, and supportive services to older individuals and disabled individuals who arc,
unable to live independently. To be eligible to live in an ALF, the individual must meet
residency criteria, which are defined by then existing Florida Statutes(s) or regulations(s),
or both. Before a facility can be classified as an ALF for purposes of calculating the impact
fees applicable thereto, the County Administrator must be provided with proof that thn
facility has then acquired (or unconditionally shall be able to acquire) all licenses then
required by statute(s), regulation(s), or both, to operate the respective ALF facility
SECTION TWO. Subsection 'T' in Code Section 74-203, that authorizes waivers of
impact fees for eligible not-for-profit, charitable, entities, is hereby amended to correct
scrivener's errors as follows:
I. Impact Fee Waivers Available to Charitable Organizations and Charitable
Trusts. These Impact Fees waivers are available only to eligible to not-for-profit, charitable
entities as specified herein. The cumulative total of all not-for-profit waivers in each of the
County's fiscal years shall not exceed one hundred thousand dollars ($100,000). If the
total amount of impact fees waived pursuant to these provisions in a fiscal year is less than
$100,000 (or is less than the higher total in the funding account for that fiscal year because
of prior cash carrying -forward) some or all of the sum of money not waived can be carried
forward and thereby be added to the $100,000 funding for the next fiscal year. Neither
Impact Fees collected by the County for educational facilities nor fire impact fees shall be
waived under these provisions.
1. Entities Eligible 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 charge or at reasonable, reduced rates, and no
part of the net earnings of the entity shall inure to the benefit of any private shareholder or
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 the
United States Internal Revenue Code as a corporation, a community chest, a fund, or a
foundation, organized and operated exclusively for charitable purposes, or for prevention of
cruelty to ar~mals~md children, and is then exempt from taxes under Section 501(a)
2 Underlined text is added; ,=~.J(-thr-eugh text is deleted.
therein; or
b. The entity Is described in subsections 501 (C)(4)(A) and (B) of Chapter 26
of the United States Internal Revenue Code as either a Civic League oran organization not
organized for profit, is operated exclusively for the promotion of social welfare, and is
exempt from taxes under Section 501(a), therein; or
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..............................'~' ~ ~ ~ ~ ~ ........... ~.~ .....~ .................. ortho
The entity is described in subsection 501(C)(20) of Chapter 26 of the
United States Internal Revenue Code as an organization or t~st, the exclusive function of
which is to form pa~ of a qualified group legal se~ices plan or plans within the meaning of
Section 120 as referenced therein; or
~.~ The entity is a hospital, a cooperative hospital se~ice organization, a
medical research organization, or similar organization under any provision within (or
referenced) in Section 501 of Chapter 26 of the United States Internal Revenue Code and
the entity is exempt from federal income taxation; or
9.~ The entity is then exempt from Florida's annual and nonrecurring
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 the
above-listed federal tax exempt entities.
2. Amount of Waivers Available to Applicants. Subject to not exceeding the
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 $7,500 of not-for-profit waivers.
3. No construction that has obtained an affordable housing waiver under this
A~icle shall be eligible for any waiver under these provisions. No construction that has
been granted 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 wriUen waiver request application to the Coun~
Manager not later than concurrently with payment of the respective Impact Fees. The
County shall not accept any such applications a~er the respective impact fees have been
paid to the County. The applicant can avoid payment of Impact Fees (up to the maximum
amount of impact fees that may possibly be waived for that applicant) only when it is
possible that the Board may grant the requested waiver before the respective Impact Fees
become due and payable to the County. The application must prove all of the applicable
3 Underlined text is added; ~,~sk-thma~h text is deleted.
above-specified elements that render the entity eligible for the requested waivers, including
the required tax exemption(s). The County Manager may request additional information
deemed appropriate to ascertain the applicant's eligibility for the requested waivers,
including criteria noted in Section 196.195 and/or 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, the
County Manager should inform the applicant in writing whether the application is complete.
If the application is incomplete, the application may be returned to the applicant, specifying
in writing why the application fails to prove that the entity is eligible for the requested
waivers. After receipt of such notice, the applicant shall have an additional thirty (30) days
to re-submit an amended application. Failure to meet this deadline shall void the
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 Manager to meet the
above-specified minimum filing requirements, the County Manager shall promptly place the
application request on the County's Manager portion of the Board's agenda. 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 eligible (or ineligible) for the
requested waivers, and shall include the County Manager's recommendations whether the
Board should grant the request in whole or in part, or should deny the request, along with a
proposed Resolution that may be adopted by the Board that contains specific findings that
the applicant is (or is not) eligible for the requested waivers. No Resolution shall apply to
more than one (1) applicant. Waivers granted shall be final and vested immediately upon
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 generally applicable procedural
rules with regard to application requests provided those rules apply to all similarly situated
applicants and do not impose additional mandatory eligibility requirements upon any
applicant.
SECTION THREE: Appendix A (Revised Schedule One to the Road Impact Fee Rate
Schedule) is appended to this Ordinance and is a part hereof. Also, Appendix A (Revised
Schedule Seven to the Emergency Medical Services Impact Fee Rate Schedule) is
appended to this Ordinance and is a part hereof.
4 Underlined text is added; ~ text is deleted.
SECTION FOUR: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, this Ordinance, being a Scrivener's Error Ordinance, shall supersede
and control. 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.
SECTION FIVE: 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 SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State,
and shall be retroactive to October 12, 2001, the day and hour that Ordinance No. 2001-54
was filed in the Offices of Florida's Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this/,~,z~ day of '7),.-1.,~.~,J.-.o,.-/ ,2001.
DWIGHT' E~.,,BR~CK, Clerk
:'By: ;'".~~~' ' -
"': '
Attest
Approved as to form and
legal sufficiency:
Thomas G. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
ame's D. Carter, Ph.D., Chairman
This ordinance flied with the
S~d:etary of S_tgte'~ Of~ce the
1 ¥-" cloy of ]~3{)b/.
and acknowledgemeot ,c~ that
filir~g,..r~.~iYed [h_is ~ cloy
of J~Jo~
5 Underlined text is added; Stuc. J(-threugh text is deleted.
APPENDIX A
SCHEDULE ONE
ROAD IMPACT FEE RATE SCHEDULE
Residential
Single Family Detached House
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.$
2,500 Sq. Ft. or larger
Multi-Family (1-2 Stories)
Multi-Family (3-9 Stories)
Multi-Family(Above 10 Stories
~ ...... ~'~ Care Faci!iW (^ r~T E)
Assisted Living Facility (ALF~
Condominium/Townhouse
Mobile Home
Retirement Home/Adult Congrcgat~
~Living Faciltiy (A-CLF_)
High-Rise Condominium
$1,825.00/Dwelling Unit
$2,433.00 Dwelling Unit
$2,871.00 Dwelling Unit
$1,800.00 Dwelling Unit
$1,811.00 Dwelling Unit
$1,147.00 Dwelling Unit
$_~263.00 Dwelling Unit
$1,512.00 Dwelling Un~it
$1,053.00 Dwelling Unit
$_[,1 012.00 Dwelling__Unit
$1,07910-ODw~ling Uni~
Hotel
Motel
Resort Hotel
RV Park
Recreation
$1,762.00 Per Room
$892.00 Per Room
$1,550.00 Per Room
$1,065.00 Dwelling Unit
Golf Course
Movie Theaters
Marina
Institutional
$156,334.00 18 Holes
$10,571.00 Per Screen
$862.00 Boat Berth
Hospital
Nursing Home
Church
Elementary School
Middle School
High School
Jr./Community College
University
Day Care
$3,763.00 1000 Sq. Ft.
$340.00 Per Bed
$2,190.00 1000 Sq. Ft.
$213.00 Per Student
$322.00 Per Student
$421.00 Per Student
$382.00 Per Student
$590.00 Per Student
$225.00 Per Student
APPENDIX A
SCHEDULE SEVEN
EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE
..Impact Fee Land Use CateRor3~.
Residential:
_Single Family
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.
2,500 Sq. Ft or larger
Multi-Family
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.
2,500 Sq. Ft. or larger
Mobile Home
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.
2,500 Sq. Ft. or larger
Non-Residential:
Transient, Assisted, Group:
Hotel, Motel
Nursing Home,-AC/~
Recreational:
Marina
Golf Course
Movie Theater
Institutions:
Hospital
Elementary School
Middle School
High School
Junior:/Community College
University/College
Church
Day Care Center
Office and Financial:
Office 50,000 Sq. Ft. or less
Office 50,001 - 100,000 Sq. Ft.
_Impact Fee Rate
$93.00 per Dwelling Unit
$104.00 per Dwelling Unit
$130.00 per Dwelling Unit
$93.00 per Dwelling Unit
$104.00 per Dwelling Unit
$130.00 per Dwelling Unit
$93.00 per Dwelling Unit
$104.00 per Dwelling Unit
$130.00 per Dwelling Unit
$38.00 per Room
$77.00 per Bed
$11.00 per Berth
$8,120.00 per 18 Holes
$741.00 per Screen
$126.00 per 1,000 Sq. Ft.
$16.00 per Student
$23.00 per Student
$28.00 per Student
$11.00 per Student
$21.00 per Student
$34.00 per 1,000 Sq. Ft.
$19.00 per Student
$83.00 per 1,000 Sq. Ft.
$71.00 per 1',000 Sq. Ft.
A-9
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 and correct
copy of:
ORDINANCE 2001-63
Which was adopted by the Board of County Commissioners
on the 13th
day of November, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this lath
day of November, 2001.
DWIGHT E BR~o=
Clerk of Courts and'-c]e~I ~. ~<~,
Ex-officio to Board
~ ,,,~,L~ ~ ~ ~i~S%.-'
..... · ..
By: Ellie Hoffman, "
Deputy Clerk