Ordinance 2002-44 .o.
~,[~/~J~ ~AI~/"ORDINANOE OF COLLIER COUNTY, FLORIDA AMENDING
.,~{L~APTER 74. OF THE COUNTY'S CODE OF 'LAWS AND
~nRI~gZ_q;,e,~/,~.~ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE
COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS
AMENDED) BY AMENDING SUBSECTION A IN SECTION 74-202,
PROHIBITING EARLY PAYMENT OF IMPACT FEES TO AVOID
IMPACT FEE RATE INCREASES, AND DISTINGUISHING PAYMENT
OF IMPACT FEES FROM PRE-PAYMENT OF ESTIMATED FUTURE
IMPACT FEES PREREQUISITE TO ISSUANCE OF A CERTIFICATE OF
PUBLIC FACILITY ADEQUACY PURSUANT TO THE COUNTY'S
LAND DEVELOPMENT CODE; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier
County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance,"
which is Chapter 74 of the County's Code of Laws and Ordinances; and
WHEREAS, some applicants attempt early payment of Impact Fees, such as
upon application for approval of a Site Development Plan rather than imm~e~iately
prior to, or concurrently with, issuance of a Building Permit, in ~!:'~tte~pt to
grandfather the related Development from expected, projected or anticipated~CrFipa~
Fee rate increases; and
WHEREAS, staff desires to specifically limit the period of time th~ym~nt of
Impact Fees can be received by the County relative to a specific Dev~e~, and
to prohibit early pre-payment of an Impact Fee prerequisite to issuance of a Buildin~
Permit, but continue to allow payment of est[ma[ed future Impact Fees applicable to
Impact Fee Development submitted prerequisite to issuance of a Ce~ificate of Public
Facility A~equacy (and deposite~ into a County escrow fund account) pursuant to
Section 3.~5.7.3. of the Collier County Land Development Code, which does not
~randfather such estimated Impact Fees from possible future increases that may
occur subsequent to pre-payment, but prior to the time that the estimated Impact
Fees subsequently bein~ quantified, and ~ecomin9 finally due and payable.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Subsection A in Section 74-202 of the Collier County
Code of Laws and Ordinances (Collier County Ordinance No. 2001-13) is hereby
amended to read as follows:
Section 74-202. Payment.
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
~. .... ..as a
Underlined text is added; ~* ....~--*~, ..... ~,
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prerequiSite 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 has been paid in full.
Notwithstanding any other provision of this Ordinance, staff shall not accept pre
payment (early payment) of Impact Fees prior to submittal of the related and
complete Building Permit application for the respective Development in all case,,',
where issuance of a conventional building permit renders the respective Impact Fee~
due and payable. In instances where a conventional Buildinq Permit is not required
(e._a., ~olf course, park, change of use, etc.), staff shall not accept pre-payment (early
payment) of Impact Fees prior to the (whichever occurs first) event that renders such
Impact Fees due and payable. Payment of estimated Impact Fees prerequisite to
issuance of a Certificate of Public Facility Adequacy (COA) is not prohibited pre-
payment, and pre-payment of estimated Impact Fees shall not grandfather such
estimated Impact Fees against Impact Fee increases, if any, that occur subsequent
to such pre-payment but before the respective estimated Impact Fees are quantified
and become finally due and payable.
SECTION TWO:
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.
SECTION THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department
of State.
PASS
E '/~.PU.I~,'ADOPTED by the Board of County Commissioners of Collier
~o_u0tv,;'[:;lOn~la tllis .~../~, day of ,....~"~x.L. ~ 2002.
; ,-~;
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· ~-- ,~.~"'-'-~ · ¢' BOARD OF COUNTY COMMISSIONERS
::".~. '~b~/~l~'~.T::E.ii'~(~ Clerk OF COLLIER COUNTY, FLORIDA
Atta!t 15 to Chairman's ,~s N. Coletta, Chairman
2 ~tg~tur'e Ott]~[.tnderlined text is added; Struck-thrcu.~h text is deleted.
Approved as to form and
legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
This ordinance filed with the
Secretary of State's Office the
and m:knowledgement,~ that
fili~ ~eived ~is ~day
3
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. 2002-44
Which was adopted by the Board of County Commissioners on
the 31st day of July, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day
of August, 2002.