Agenda 01/24/2012 Item #17B1/24/2012 Item 17.13.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact Fee
Ordinance, Ordinance No. 2001 -13, as amended, to incorporate a provision clarifying the imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water -Sewer District until
such a time when connection to the regional water and/or sewer system is anticipated within a ten -year
period as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and
the Annual Update and Inventory Report.
OBJECTIVE: That the Board of County Commissioners ( Board) adopt an amendment to Ordinance No. 2001 -
13, as .amended, to a) exempt payment of Water and Sewer Impact Fees, during the normal land development
process, from geographic areas that have no foreseeable potential to be provided with potable water and/or sewer
services by the'. Collier County Water -Sewer District (District) within ten years as identified by the most current
Public Utilities Water- and Wastewater Master Plan Updates and the Annual Update and Inventory Report
(AUIR).
CONSIDERATIONS: On November 18, 2008, under Agenda Item 6A Public Petition, the Board directed the
County Manager or his designee to review the existing District boundaries to determine those geographic areas
the District planned to provide with potable water and sewer services within the next ten years. The intent of the
review was to determine those areas that could be added to the geographic areas currently identified in the Collier
County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, codified as Section 74 -303 (c) in the Code
of Laws and Ordinances "Limitation on Applicability," as expressly excluded from the imposition of Water and
Sewer Impact Fees until such time those Developments are within ten years of being connected to the Regional
Water and/or Sewer Systems as identified by the most current Public Utilities Water and Wastewater Master Plan
Updates and the AUIR.
On December 13, 2011, the Board, under Agenda Item 10 C, authorized the County Manager or his designee to
advertise a new ordinance amendment.
Through a review of the District's current boundaries, in -place water distribution and sewer collection system
infrastructure, the 2008 Water and Wastewater Master Plan Updates adopted by the Board on June 24, 2008,
Agenda Item 10G, and the 2011 AUIR adopted by the Board on November 08, 2011, Agenda Item 08A, staff
identified the following geographic areas that would not fall within the ten -year development/connection period
All of the lands described herein are in Collier County, Florida, and within the Collier County. Water -Sewer
District.
Any and all portions of Sections 09, 16, 22, 25 and 36, Township 48 South, Range 26 East within the Collier
County Water -Sewer District boundaries.
Any and all portions of Sections 12, 13, 24 and 25, Township 50 South, Range 26 East within the Collier County
Water -Sewer District boundaries.
Any and all portions of Sections 19 and 30, Township 50 South, Range 27 East within the Collier County Water -
Sewer District boundaries.
Any and all portions of Sections 13 and 24, Township 51 South, Range 26 East within the Collier County Water -
Sewer District boundaries.
Rather than expressly exclude the aforementioned areas from the geographic boundaries of the District, only to
have to amend the Ordinance again to bring those areas back within the boundaries at a.future date at a subsequent
cost, the proposed amendment clarifies the policy to impose and collect water and sewer impact fees based on
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1/24/2012 Item 1.7.B.
objective criteria tied to a foreseeable ten -year connect= .period To prohibit the'funure collection of water and
.sewer impact., fees under the Ordinance in geographical areas where development and/or connection to water
and/or sewer service is not reasonably imminent, the proposed amended ordinance exempts the payment of
Water and Sewer. InVact Fees, during the normal land development process, from geographic areas that have no
foreseeable potential to be_proxided with potable water and/or sewer services by the District within ten years as
identified by the most current Public Utilities Waxer and Wastewater Master Plan Updates and the AUIIL
To ensure properc9dification in the Code of Laws and Ordinances, the attached ordinance also includes minor
revisions to the tenet adopted by Ordinance No. 2011 -10.
FISCAL IMPACT: The fiscal impact related to the adoption of this Ordinance is the addition or loss of
prospective Water and Sewer-.lnipact Fees in an indeterminable amount. However,, this action mitigates the
administrative efforts of reg Water and Sewer impact Fees in subsequent periods,
GROWTH ,MANAP ,ACT.• Impact Fees generate funds to be spent on capital improvements to
public facilities necessitated by growth. This is consistent with Objective 2 of the Capital Improvement Element
of the Collier County Qrowth Management Plan, which states "Future development will bear a proportionate cost
of facility improvements necessitated by growth." This proposed Ordinance does not in any way waive Water
and Sewer impact Fees fdr any Development connecting to the District's Regional Water and/or Regional Sewer
System; rather, delays the collection of such applicable Impact Fees until such time that the provision of potable
water and sewer services is ang'cipated within ten years.
LEGAL CQ=ERATIONS: This item has been reviewed and approved by the County Attorney's Office and
is otherwise legally sufficient for Board action. This item requires a majority vote. JBW
RECOMMENDATION: Adopt an Ordinance amending the Collier County Consolidated Impact Fee
Ordinance, Ordinance No. 2001 -13, as amended, to incorporate ;a provision clarifying the imposition of Water and
Sewer Impact Fees on geographic areas within the Collier County Water Sewer District until such a time when
connection to the regional water and/or sewer system is anticipated within a ten -year period as identified by the
most current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory
Report.
PREPAM BY: Gilbert >Moncivai4 Impact Fee Coordinator, Public Utilities Division
ATTACff JZ S: ; Amended Ordinance, water exempt map, and sewer exempt trap.
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r4lo1
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B.
1/24/2012 Item 17.13.
Item Summary: Recommendation to adopt an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended, to incorporate a
provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within
the Collier County Water -Sewer District until such a time when connection to the regional
water and /or sewer system is anticipated within a ten -year period as identified by the most
current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and
Inventory Report.
Meeting Date: 1/24/2012
Prepared By
Name: Gilbert Moncivaiz
Title: Impact Fee Coordinator,Utilities Finance Operation
12/30/2011 10:49:48 AM
Submitted by
Title: Impact Fee Coordinator,Utilities Finance Operation
Name: Gilbert Moncivaiz
12/30/2011 10:49:49 AM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 12/30/2011 10:57:26 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 1/3/2012 10:19:06 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 1/3/2012 3:25:52 PM
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Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 1/11/2012 11:42:43 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/11/2012 4:10:34 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/11/2012 4:40:41 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/17/2012 11:09:09 AM
Name: OchsLeo
Title: County Manager
Date: 1/17/2012 3:31:06 PM
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1/24/2012 Item 17.13.
1/24/2012 Item 17.13.
ORDINANCE NO. 2012-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, AS
AMENDED, TO INCORPORATE PROVISIONS CLARIFYING THE
IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER -
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO
THE REGIONAL WATER AND /OR SEWER SYSTEM IS ANTICIPATED
WITHIN A TEN -YEAR PERIOD AS IDENTIFIED BY THE MOST
CURRENT PUBLIC UTILITIES WATER AND WASTEWATER MASTER
PLAN UPDATES AND THE ANNUAL UPDATE AND INVENTORY
REPORT; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES; AND, .PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for gro,�Nrth- related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and
�-. superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances; and
WHEREAS, on December 1, 2009, the Board of County Commissioners adopted
Ordinance No. 2009 -64 amending Ordinance No. 2001 -13 by adding paragraph C.(1)m. to reflect
additional excluded geographic areas to the imposition of impact fees; and
WHEREAS, on April 12, 2011, the Board of County Commissioners adopted Ordinance
No. 2011 -I0 amending Ordinance No. 2001 -13 to reflect additional excluded geographic areas to
the imposition of impact fees and specify sections, townships, and ranges to be excluded from
water and sewer impact fee exemption; and
WHEREAS, the adoption of this Amendment will amend Section 74 -303 (c) of the
Collier County Code of Laws and Ordinances relating to the applicability and imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water -Sewer
District to clarify and limit the imposition of Water and Sewer impact fees on additional
geographic areas within the Collier County Water -Sewer District until such a time when
connection to the Regional Water and or Sewer System is anticipated within a ten -year period as
identified by the most current Public Utilities Water and Wastewater Master Plan Updates and
the Annual Update and Inventory Report during the normal land development process.
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1/24/2012 Item 17.13.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: n
SECTION ONE. Article II, Impact Fees, Section 74 -303, Special Requirements for Water
Impact Fee andlor Sewer Impaci Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -303. Special Requirements for Water Impact Fee and /or Sewer Impact Fee.
C. Limitation on Applicability. Notwithstanding the general applicability
provisions set forth in this chapter, water and sewer impact fees shall be limited as follows:
(1) The imposition of water and sewer impact fees shall not apply within the
geographic areas expressly excluded by this chapter for purposes of the water and/or
sewer service, development shall include only development on lands within the county
water sewer district, exclusive of lands encompassed by the geographic areas described
hereunder subject to the following condition: the imposition and collection of water and
sewer impact fees on geographic areas within the county water sewer district shall not
take place until such time when connection to the regional water and/or sewer system is
anticipated within a ten -year period as identified by the most current county Public
Utilities Water and Wastewater Master Plan Updates and the Annual Update and
Inventory Report. Lands within the county generally excluded from the generally
applicable definition of "development' as it relates to the water and/or sewer service n
include (the exclusions set forth below are not all- inclusive) lands lying within the
excluded areas which are either required to connect or request connection to the regional
water system, or which otherwise create a growth necessitated demand upon the regional
water system shall be subject to the imposition of impact fees in accordance with this
chapter in the same manner as if said lands were not within the excluded geographic area:
n. Any and all portions of Section 25, Township 49 South, Range 26 East within the Collier
County Water -Sewer District boundaries. Any and all portions of Section 15, Township
48 South, Range 26 East within the Collier County Water -Sewer District boundaries.
Any and all portions of Sections 25, 26, 36, Township 50 South, Range 25 East within
the Collier County Water -Sewer District boundaries. Any and all portions of Sections 5,
6, 8, 9,16, 21, 25, 28, 29, 30, 34, 35, 36, Township 51 South, Range 26 East within the
Collier County Water -Sewer District boundaries. Any and all portions of Sections 5, 6, 9,
15, 19, 29, 30, 31, 32, 33, 34, Township 51 South, Range 27 East within the Collier
County Water -Sewer District boundaries. Any and all portions of Sections 1, 2, 3, 4, 10,
1.1, 12, 24, Township 52 South, Range 26 East within the Collier County Water -Sewer
District boundaries. Any and all portions of Sections 3, 4; 5, 6, 7, 8, 9, 10, 11, 15, 16, 17,
20, 21, 22, 28, 29, 30, 31, 32, Township 52 South, Range 27 East within the Collier
County Water -Sewer District boundaries.
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1/24/2012 Item 17.B.
o. Any and all portions of Sections 09, 16. 22, 25 and 36, Township 48 South, Range 26
n East within the Collier County Waxer -Sewer District boundaries. Any and all portions of
Sections 12, 13, 24 and 25. Township 50 South, Range 26 East within the Collier County_
Water -Sewer District boundaries. Anv and all portions of Sections 19 and 30. Township
50 South, Range 27 East within the Collier County Water -Sewer District boundaries. Any
and all portions of Sections 13 and 24. Township 51 South, Range 26 East within the
Collier Counri- Water -Sewer District boundaries.
(2) Areas generally excluded from the imposition of only the sewer component of the water
and sewer impact fee: The exclusions set forth below are not absolute; land lying within the
excluded areas which are either required to connect or request connection to the regional sewer
system, or which otherwise create a growth necessitated demand upon the regional sewer system
shall be subject to the imposition of impact fees in accordance with this Chapter in the same
manner as if said lands were not excluded:
g. Isle of Capri No. 1, according to Plat Book 3, Page 41, Public Records of Collier County,
Florida; .Isle of Capri No. 2, according to Plat Book 3, Page 46, Public Records of Collier
County, Florida; Isle of Capri No. 3, according to Plat Book 3, Page 66, Public Records
of Collier Countv Florida; Isle of Capri Business Section, according to Plat Book 3, Page
52, Public Records of Collier County, Florida-.and
shall be amended te inelude any and all portions of Government Lot 1, Section 6,
Township 52 South, Range 26 East developed as part of Isles of Capri, but which is not
^ included in Isles of Capri No. 1, Plat Book 3, Page 41, Public Records of Collier County,
Florida.
The following sections, townships and ranges will be excluded from water and sewer
impact fee exemption:
Any and all portions of Golden Gates Estates, Unit 30, Plat Book 7, Page 58, Public 'Records of
Collier County, Florida and Golden Gates Estates, Unit 31, Plat Book 7, Page 59, Public Records
of Collier County, Florida, Sections 20 and 29 Township 49 South, Range 26 East within the
Collier County Water -Sewer District boundaries, as referenced in Section 74 -303 C.l.c. (9) and
(10) of Ordinance 2001 -13. Any and all portions of Section 17, Township 50 South, Range 26
East within the Collier County Water .Sewer District boundaries, as referenced in Section 74 -303
C.l.g. of Ordinance 2001 -13. Any and all portions of Section 26, Township 50 South, Range 26
East within the Collier County Water -Sewer District boundaries, as referenced in Section 74 -303
C. 11. of Ordinance 2001 -13. Any and all portions of Sections 1 I and 12, Township 51 South,
Range 26 East within the Collier County Water - Sewer District boundaries, as referenced in
Section 74 -303 C.I.k. Ordinance 2001 -13. Any and all portions of Section 20, Township 51
South, Range 27 East within the Collier County Water -Sewer District boundaries, as referenced
in Section 74 -303 C. 1.k. of Ordinance 2001 -13.
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1/24/2012 Item 17.13.
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 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 THE 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 section of the Ordinance may be renumbered or
relettered and internal cross- references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
The Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
D,A4ght E. Brock, Clerk OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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Underlined text is added; stMek threugh text is deleted.
, CHAIRMAN
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1/24/2012 Item 17.B.
Collier County Water District Exempt Map
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Effective 01 -24 -2012
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1/24/2012 Item 17.B.
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1/24/2012 Item 17.13.
24D n. Wednesday, January 11, 2012 H NAPLES DAILY NEWS
NOTICE OF INTENT
TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 24, 20.12, in the Boardroom, 3rd
Floor, Admin stration Building, Collier County Government . Center,.` 3249 East
-, Tamiami. Trail, Naples, Florida, the .Board of County . Commissioners will consider
the enactment of a County Ordinance. The meeting wilt commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY .COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT
FEE ORDINANCE, NO. 2001 -13, AS AMENDED; .TO INCORPORATE PROVISIONS
CLARIFYING THE IMPOSITION, OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC .AREAS WITHIN THE COLLIER: COUNTY . WATER -SEWER DISTRICT UNTIL
SUCH A TIME WHEW CONNECTION CONNECTION TO THE REGIONAL WATER AND/OR SEWER
SYSTEM AS ANTICIPATED WITHIN A TEN -YEAR PERIOD. AS. IDENTIFIED BY THE MOST
CURRENT PUBLIC UTILITIES WATER AND WASTEWATER MASTER PLAN - UPDATES
AND THE ANNUAL UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT
AND . SEVERABILITY, PROVIDING FOR . INCLUSION IN THE COLLIER .. COUNTY CODE
OF LAWS AND ORDINANCES; AND, PROVIDING AN EFFECTIVE DATE.
Copies .of.the proposed Ordinance are on .file with the Clerk to the Board and are
available for .inspection. All interested parties.are invited to attend and be heard. ..
NOTE: All parsons wishing' to speak . on any agenda .item must register with the
Counttyy administrator prior to presentation of ,the. agenda :Item to be. addressed.
Individual ;speakers will be limited to 3 minutes "on any item: The selection of an
individual. to speak :on behalf of an organization or group is encouraged. If
recognized 'by the Chairman, a spPokesperson for a group or organization may be
allotted 10 minutes to speak on an am.
Persons Wishing to have written or graphic materials induded.iii-the Board agenda
packets must submit said: material a minimum of 3 weeks prior to the respective
public hearing, ..In any case, written. materials intended to be -considered by the
Board shall be submitted to the .-appropriate County . staff a minimum of seven days
prior to the public ', hearing... All material used in. presentations before .the Board
will become a permanent part of the record.
Any :person who - decides td appeal a , decision of the Board will need a ._ record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbathn .record of the proceedings is made, :which record includes the testimony
and evidence upon which the appeal is based.
if you are: a person with A disability who -needs any accommodation in order to
participate in this - proceeding, you are. entitled, at no cost to you, to the provision
of certain assistance. Please`-contact the Collier County Facilities Management
Depaftment, located .at 3335 Tamiami Trail East, Suite #101, Building W, -Naples,
Florida .34112, ,(234) 252 -8380, Assisted listening devices for the. hearing. Impaired
are available in the Cou nty Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS .
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By; Teresa Poiaski, Deputy Clerk (SEAL)
January 11. 2012 _ No. 1929684
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