Ordinance 2005-28
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\'\ \ßA!1W ! /: ORDINANCENO.200S· 2S
to "" . INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~.~. ~919l;'-'-~"I;;ttR COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-13 (THE
'~~'!;, . 1£1. OLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS
~~.::~\~;. AMENDED), BY AMENDING CHAPTER 74 OF THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR THE ADOPTION OF A LA W
ENFORCEMENT IMPACT FEE; PROVIDING FOR DEFINITIONS, A SHORT
NAME, PURPOSE, LIMITATIONS ON APPLICABILITY, PAYMENT, USE OF
FUNDS, IMPACT FEE RATES, AND ANNUAL MID-CYCLE YEAR INDEXING
ADJUSTMENTS; PROVIDING FOR ADOPTION OF THE FEE STUDY;
PROVIDING FOR ADOPTION OF A LAW ENFORCEMENT MASTER PltAN;
PROVIDING FOR APPENDICES FOR IMPACT FEE RATE Sqi~DlÍÅE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVID~~ ~R""
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PR~D~G -;:::.
FOR ADELA YED EFFECTIVE DA TE. ~~~:,.; - ~
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WHEREAS, the Board of County Commissioners of Collier County (t~1loa~)
has authority to adopt proportionate share development impact fees pursuant tO~OfŒ)
rule powers under Article VIII, §1(f), Fla. Const., Chapter 125.01, et seq., Fla. ~ añëi
Chapter 163, Part II, Fla. Stat.; and
WHEREAS, the Florida Legislature specifically has encouraged "the use of
innovati ve land development regulations which include provisions such as ... impact
fees;" and
WHEREAS, the Board has studied the necessity for and implications of the
adoption of Law Enforcement impact fees and has retained Tindale-Oliver & Associates,
Inc. and, by subcontract White and Smith, to prepare a development impact fees report to
determine the proportionate demand new development generates for additional Law
Enforcement facilities and capital equipment; and
WHEREAS, Tindale-Oliver and Associates has prepared a development impact
fees report, titled "Law Enforcement Impact Fee," dated May 25, 2005 (hereinafter the
"Fee Report"); and
WHEREAS, the Fee Report has been presented to, and reviewed by, the Board,
which has determined (1) that Law Enforcement impact fees are necessary to offset the
costs associated with meeting the demands of new development for Law Enforcement
facilities and capital equipment, pursuant to the projections set forth in the Fee Report,
over and above those demands created by existing development; (2) that the Law
Enforcement impact fees bear a reasonable relationship to the burden imposed upon the
County to provide Law Enforcement facilities and services to new residents, employees,
and businesses; (3) Law Enforcement impact fee funds will provide a direct and
proportionate benefit to such new residents, employees, and businesses not shared by
existing residents or development not subject to the fee; (4) that an "essential nexus"
exists between the projected new development and the need for additional Law
Enforcement facilities, capital equipment and services to be funded with impact fees, and
between the impact fee and the benefits that accrue to new development paying the fee;
and (5) that the amount of the Law Enforcement impact fees is "roughly proportional" to
the pro rata share of the additional law enforcement facilities and services needed to serve
new residential and non-residential development, while maintaining or exceeding a level
of service (LOS) standard of 2.13 law enforcement officers per 1,000 Functional
Residents; and
WHEREAS, the Consultants have relied upon the County and the Collier County
Sheriff's Office for the costs of construction (including land), engineering, architectural
services, parking, landscaping, heating and cooling facilities, capital equipment and
related expenses; and
WHEREAS, the Fee Report establishes that the County service area population is
projected to double in size between 2005 and 2025; and
WHEREAS, the incorporated areas of Collier County, other than Everglades
City, receive law enforcement services from agencies other than Collier County; and
Underlined text is added; Strøek thr8øgh text is deleted
Page 1 of 5
WHEREAS, new development in the unincorporated areas of Collier County and
Everglades City will receive a substantial and proportionate benefit from the law
enforcement facilities provided through Law Enforcement impact fee revenues; and
WHEREAS, Chapter 74-101, et seq., of the Collier County Code of Laws and
Ordinances, known and cited as the "Collier County Consolidated Impact Fee Ordinance"
or the "Collier County Impact Fee Regulations" (hereinafter referred to as the
"Consolidated Ordinance"), contains administrative provisions to ensure that the benefit
of Law Enforcement facilities funded with impact fees will accrue proportionately to new
development paying the fee; and
WHEREAS, the Board has found and determined that impact fees for Law
Enforcement facilities will have certain characteristics in common with other
development impact fees addressed in the Consolidated Ordinance and that the County
will, therefore, benefit from the adoption and use of a uniform procedure for the
imposition, calculation, collection, expenditure, and administration of all of the adopted
development impact fees; and
WHEREAS, the use of uniform procedures will best ensure that Law
Enforcement impact fees are "earmarked" and expended for the public facilities for
which they were imposed and collected; and
WHEREAS, the Board annually develops a capital budget and updates the
Capital Improvement Element of its Comprehensive Plan to ensure new development is
adequately provided with public facilities necessary to serve new development at the
growth rates projected in the Pee Report and in the other Impact Fee Studies adopted and
set forth at §74-106, of the Consolidated Ordinance, as amended by this Ordinance; and
WHEREAS, the Board and the Collier County Sheriff's Office have developed a
Law Enforcement Facilities Master Plan, which includes the Law Enforcement facilities
to be constructed and provided on a pro rata basis to new development paying the Law
Enforcement impact fee; and
WHEREAS, planned improvements in the Law Enforcement Facilities Master
Plan and Capital Improvement Element are fully or partially necessitated by new
development; and
WHEREAS, based on the population, housing units, and land use projections as
well as the Law Enforcement needs associated with the projected level of growth, the
Board has determined that Law Enforcement impact fees are an appropriate and
necessary technique, to be used in conjunction with other available public facility
financing techniques, to ensure that adequate Law Enforcement facilities and capital
equipment are provided for new development; and
WHEREAS, the Board has determined that existing funding mechanisms are
inadequate to serve projected new development and therefore development impact fees
are necessary for adequate Law Enforcement facilities and capital equipment sufficient tò
protect the public health, safety, and general welfare of future residents and employees
generated by new development; and
WHEREAS, the Board has determined that the Law Enforcement impact fee
amounts bear a reasonable relationship to the burden imposed upon the County to provide
the additional capital improvement expenditures for such Law Enforcement facilities and
capital equipment necessary to serve new development at adopted level of service
standards; and
WHEREAS. the Consolidated Ordinance requires formal updates of all impact
fee rates in three-year cycles; and
WHEREAS, &ince the cost of providing Law Enforcement facilities and capital
equipment increases significantly during the years between the scheduled three-year
updates, the Board desires, by indexing, to incorporate changes in the relevant costs into
the Law Enforcement Impact Fee rates; and
WHEREAS, the Board has developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory manner.
Underlined text is added; Struel¡ thr8ugh text is deleted
Page 2 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, THAT:
SECTION ONE. The report titled "Law Enforcement Impact Fee," prepared
by Tindale-Oliver & Associates, dated May 25, 2005 (hereinafter the "Fee Report"),
including all methodologies, assumptions, and conclusions drawn in the report, is
approved and adopted.
SECTION TWO. The Law Enforcement Facilities Master Plan, which is
attached hereto as Exhibit "A," is hereby incorporated by this reference and adopted.
Law Enforcement Impact Fee funds may be spent only for the benefit of new
development in accordance with the Law Enforcement Facilities Master Plan until the
Capital Improvement Element of the Collier County Comprehensive Plan and budget are
amended to provide for Law Enforcement facilities. During the next budget cycle and
round of amendments to the Comprehensive Plan, provision for Law Enforcement
Facilities will be made in the County's annual budget and Capital Improvement Element
as appropriate and the attached Master Plan shall be considered repealed upon that action.
SECTION THREE. The "Law Enforcement Impact Fee Rate Schedule," which
is attached hereto as Exhibit "B," is hereby incorporated by this reference and adopted as
"Schedule Ten: Law Enforcement Impact Fee Rate Schedule" of Appendix A of Chapter
74 of the Collier County Code of Laws and Ordinances (the Collier County Consolidated
Impact Fee Ordinance).
SECTION FOUR. Article I, General, Section 74-106, Adoption of impact fee
studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-106.
Adoption of Impact Fee Studies.
***
(10) Law Enforcement facilities: "Law Enforcement Impact
Fee Report," dated May 25. prepared bv Tindale-Oliver &
Associates. as amended.
SECTION FIVE. Article I, General, Section 74-108, General Definitions, of
the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-108.
General Definitions.
***
"Public Facilities" shall mean the following publicly-owned facilities and
services provided by Collier County or pursuant to an lnterlocal agreement with Collier
County:
(l) Transportation systems, facilities and services;
(2) Water and Sewer systems, facilities and services;
(3) Parks and Recreational systems, facilities and services;
(4) Library systems, facilities and services;
(5) Emergency Medical systems, facilities and services;
(6) Educational systems, facilities and services;
(7) Correctional systems, facilities and services;
(8) Fire systems, facilities and services; ttRè
(9) General Government systems, facilities and services,: : and
(10) Law Enforcement systems. equipment. and facilities.
Underlined text is added; StFuelt thF8ugh text is deleted
Page 3 of5
SECTION SIX. Article II, Impact Fees, Section 74-201, Imposition of
impact fees, of the Collier County Code of Laws and Ordinances is amended to read as
follows:
Section 74-201.
Imposition of Impact Fees.
***
(a) General Requirements. All Development within the unincorporated areas and
within the boundaries of all municipalities in the County shall pay all assessed Impact
Fees unless such Impact Fees, in whole or in part, have been exempted, waived, or
deferred pursuant to this Chapter. The Impact Fee shall be assessed based on a
calculation of the impact of the proposed Development on the respective Public
Facilities. The amount of the Impact Fee to be assessed for each type of Public Facility
shall be as specified in Sections 74-302 through 74 310 74-311 (Section 74-302 - Special
Requirements for Road Impact Fee; Section 74-303 - Special Requirements for Water
Impact Fee and/or Sewer Impact Fee; Section 74-304 - Special Requirements for Parks
and Recreational Facilities Impact Fee; Section 704-305 - Special Requirements for
Library Facilities Impact Fee; Section 74-306 - Special Requirements for Emergency
Medical Services Impact Fee; Section 74-307 - Special Requirements for Educational
Facilities Impact Fee; Section 74-308 - Special Requirements for Correctional Facilities
Impact Fee; Section 74-309 - Special Requirements for Fire Facilities Impact Fee;_aftå
Section 74-310 - Special Requirements for General Government Impact Fee; and Section
74-311 - Special Requirements for Law Enforcement Impact Fee ).
SECTION SEVEN. Article II, Impact Fees, Section 74-203, Use of funds, of
the Collier County Code of Laws and Ordinances is hereby amended to add subsection
"9" to read as follows:
Section 74-203.
Use of Funds.
***
(a). The Board hereby establishes or reaffirms the establishment of separate
impact fee trust funds for each of the public facilities, designated as follows:
***
(10) Law Enforcement: "Law Enforcement Impact Fee Trust Fund."
SECTION EIGHT. Article III, Special Requirements for Specific Types of
Impact Fees, Section 74-311, Special requirements for Law Enforcement impact fee, of
the Collier County Code of Laws and Ordinances, is hereby added to read as follows: .
Section 74-311.
Special Requirements for Law Enforcement Impact Fee.
***
(a) Short Name. This sectiol1 may be known as ·'Special Requirements for Law
Enforcement Impact Fee."
(b) Purpose. The purpose of this section is to tailor the general common requirements of
this chapter to the specific requirements of Law Enforcement Impact Fees.
(c) Limitation on Applicability. The collection and expenditure of Law Enforcement
Impact Fees shall be limited to the unincorporated area of Collier County and the
incorporated area of the City of Everglades.
(d) Pavment. See Section 74-202.
(e) Use of Funds. See Section 74-203.
(f) Impact Fee Rates. The Law Enforcement Impact Fee Rate Schedule incorporated in
Schedule Ten is hereby adopted and the Law Enforcement Impact Fees established in the
Law Enforcement Impact Fee Rate Schedule are hereby imposed on all Development as
required in this chapter at a rate established under the applicable impact fee land use
categories.
Underlined text is added; Struelt thr8ugh text is deleted
Page 4 of 5
(g) Annual Mid-Cvcle Law Enforcement Impact Fee Rate Indexing. Beginning June 14.
2005. the County shall commence a three-year Law Enforcement Impact Fee update
cycle pursuant to Subsections 74-20J.B. and 74-502.A of this Ordinance. In each of the
two mid-cycle years (between the formal three-year updates) beginning on or about
August 1. 2006 the County shall implement adjustments to land. building. and equipment
costs based on just property values published by the Collier County Property Appraiser's
Office. building cost index published by the Engineering-News Record. and the
Consumer Price Index published by the U.S. Department of Labor. Bureau of Labor
Statistics. Mid-cycle indexed rate change adjustments shall be adopted by a Resolution
of the Board pursuant to Subsection 74-20J.B. of this Chapter.
SECTION NINE. 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 TEN. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions in Sections Four through Eight 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 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 ELEVEN. DELAYED EFFECTIVE DATE.
This Ordinance shall not become effective until the 1st day of August 2005, or
when filed with the Florida Department of State, whichever is later.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this ~ day of June, 2005.
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OF COLLIER COUNTY, FLORIDA
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EXHIBIT "B"
APPENDIX A
SCHEDULE TEN : LAW ENFORCEMENT IMPACT FEE SCHEDULE
Land Use
~
Residential
Residential
Based on formula
below (I).
Maximum fee of$126.43
based on a 4.000 sa ft cat>. (2)
Manufactured Home
$140.43/1.000 sa ft
Transient. Assisted. Group
Hotel/Motel
Nursing Home/ ALF
$48.81/Room
$82.20/Bed
Recreational
Marina
Golf Course
Movie Theater with Matinee
$ 14.56/Berth
$1.801.66/18 Holes
$463.26/Screen
Institutions
Hospital
Elementary School
Middle School
High School
Jr./Community College
UniversitY/College
Church
Day Care Center
$170.40/1.000 sq ft
$7. 71/Student
$9. 42/Student
$10.28/Student
$11.99/Student
$27.40/Student
$43.67/1.000 sq ft
$4.28 Student
Office and Financial
Office 50.000 sa ft or less
Office 50.001-100.000 sa ft or less
Office 100.001-200.000 sa ft or less
Office 200.001-400.000 sa ft or less
Office Greater than 400.000 sa ft
Medical Office
$107.89/1.000 sa ft
$92.48/1.000 sa ft
$78.7811.000 sa ft
$66.79/1.000 sa ft
$60.80/ 1.000 sa. ft
$135.30/1.000 sq ft
Words strnek tåFeHgh are deleted; words underlined are added.
SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE
(CONTINUED)
Retail
Specialty Retail
Retail 50.000 sa ft or less
Retail 50.001-100.000 sa ft
Retail 100.001-150.000 sq ft
Retail 150.001-200.000 sa ft
Retail 200.001-400.000 sa ft
Retail 400.001-600.000 sq ft
Retail 600.001-1.000.000 sq ft
Retail greater than 1.000.000 sa ft
Pharmacy/Drug Store w/Drive- Thru
Home Improvement Superstore
Ouality Restaurant
High Turnover Restaurant
Fast Food Rest. w/Drive- Thru
Gas/Service Station
Ouick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
Convenience Store/GaslFast Food
Auto Repair
Tire Store
New/Used Auto Sales
Self Service Car Wash
Bank/Savings: Walk-in
Bank/Savings: Drive-in
$167.83/1.000 sq ft
$271.45/1.000 sq ft
$255.18/1.000 sa ft
$276.58/1.000 sa ft
$259.46/1.000 sa ft
$225.21/1.000 sa ft
$233.77/1.000 sq ft
$232.06/1.000 sq ft
$203.80/1000 sa ft
$197.81/1.000 sa ft
$224.35/1.000 sq ft
$685.04/1.000 sq ft
$733.85/1.000 sa ft
$948.78/1.000 sa ft
$209.79IFuel Position
$94. 19/Bay
$194.38/1.000 sa ft
$413.59/1000 sq ft
$599.41IFuel Position
$674.76/1.000 sa ft
$337.38/1.000 sa ft
$139.58/Bay
$162.70/1.000 sa ft
$166.98/Bay
$188.39/1.000 sa ft
$153.28/1.000 sq ft
Industrial
General Industrial
Business Park
Mini- Warehouse
$53.09/1.000 sq ft
$77.07/1.000 sa ft
$5.99/1000 sq ft
(I) The impact fee for the residential land use is calculated based on the following formula:
«(1.0493 + (0.000265 x [sauare footagel)) x 0.70 x $85.63).
(2) The residential Law Enforcement Impact Fee is capped based upon the fee applicable to a
4,000 sauare foot dwelling unit which equals $126.43.
Words stmølc tbraygh are deleted; words underlined are added.
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 2005-28
Which was adopted by the Board of County Commissioners
on the 14th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of June, 2005.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board::O'f-'n.f,"_
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