Ordinance 2005-31
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!::y L JUl2005 ~.: ORDINANCE NO. 2005 _ 31 ¡::~! ~
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'4:Þ" Qi "Y ORDINANCE OF THE BOARD OF COUNTY COMMISSIONifR~ -.I
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THE COUNTY'S CODE OF LAW AND ORDINANCES, ~ ~
AMENDED BY ORDINANCE NO. 2001-13 (THE COL~ ~
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, »AS
AMENDED), PROVIDING FOR AN INCREASE IN BOTH THE
CUMULATIVE AND INDIVIDUAL ANNUAL AMOUNT OF IMPACT
FEE WAIVERS PROVIDED TO CHARITABLE ORGANIZATIONS;
PROVIDING FOR A MAXIMUM AMOUNT OF WAIVER ELIGIBLE
TO QUALIFIED APPLICANTS; ESTABLISHING A MAXIMUM
AMOUNT THAT MAY BE CARRIED FORWARD AS A PROGRAM
BALANCE; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on March 13, 2001, the Board of County Commissioners of
Collier County adopted Ordinance No. 2001-13, the "Collier County Consolidated
Impact Fee Ordinance," which is Chapter 74 of the County's Code of Laws and
Ordinances; and
WHEREAS, on October 9, 2001, the Board of County Commissioners
adopted Ordinance No. 2001-54, amending Ordinance No. 2001-13 to establish
a program authorizing waivers from payments of impact fees for specified, tax
exempted, not-for-profit, charitable entities that provide specified services of
substantial benefit to low income residents of Collier County (Charitable
Organization Waiver Program); and
WHEREAS, the maximum waiver amount was limited to $7,500, per
applicant and $100,000 for the total first year program, with any unused portion
being rolled forward to the next year and added to the $100,000 annual budget;
and
WHEREAS, impact fee rates have increased significantly since. the
inception of the program in 2001; and
WHEREAS, it would be in the best interest of the program, as well as the
residents of Collier County, to provide an increase in the maximum waiver for
which an applicant is eligible as well as the annual budget for the program; and
WHEREAS, the "Charitable Organization Waiver Program" provides
impact fee assistance to not-for-profit organizations that provide services that
directly benefit the residents of Collier Coun~y; and
WHEREAS, Chapter 125.01 (1 )(t), Florida Statutes authorizes the Board to
enact ordinances necessary for the exercise of its powers; and
WHEREAS, enactment of the following amending ordinance will be in the
public interest and serve a valid public purpose by adding a necessary correction
to the calculation required for implementation and award of the incentive related
to the aforementioned program.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article II, Section 74-203 (i) of the Collier County Code of
Laws and Ordinances is hereby amended to read as follows:
Section 74-203.
Use of Funds
* * *
(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
$100,000.00$200,000. If the total amount of impact fees waived pursuant
to these provisions in a fiscal year is less than $100,000.00 $200,000 (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
$100,000.00$200,000, to a maximum balance of $500,000, for 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 low income or very low income residents
of the 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 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 o~erated exclusively for charitable purposes,
or for prevention of cruelty to children, and is then exempt
from taxes under Section 501 (a) therein; or
b. The entity is described in Subsections 501 (C)(4 )(A) and (8)
of Chapter 26 of the United States Internal Revenue Code
as either a Civic League or an 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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c. The entity is described in Subsection 501 (C)(20) of Chapter
26 of the United States Internal Revenue Code as an
organization or trust, the exclusive function of which is to
form part of a qualified group legal services plan or plans
within the meaning of Section 120 as referenced therein; or
d. The entity is a hospital, a cooperative hospital service
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
e. The entity is then exempt from Florida's annual and
nonrecurring intangible taxes pursuant to F .S. § 199.185(4),
as a "Charitable Trust" and at least 95 percent of its income
is paid to one 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 $7,500.00 $100,000, or fifty-percent of the
available fundinQ, which ever is less, of not-for-profit waivers.
(3) No construction that has obtained an affordable housing waiver
under this article 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. Except as specified in this subparagraph a'l the applicant
must file a written waiver request application to the county
manager not later than concurrently with payment of the
respective impact fees. The county shall not accept any such
applications after the respective impact fees have been paid
to the county except in those instances when the Collier
County building permit that authorized the respective waiver
eligible development was issued after September 7, 2001
and before October 13, 2001 and the development paid the
applicable impact fees in full. 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
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all of the applicable 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 F.S. §§ 196.195 and/or 196.196.
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 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 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 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
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applicants and do not impose additional mandatory eligibility
requirements upon any applicant.
ill No construction that has applied for or obtained Fee
Payment Assistance FundinQ under Chapter 49 of the Collier
County Code of Laws and Ordinances shall be eliQible for
any waiver under these provisions. No construction that has
been Qranted a waiver under these provisions shall be
eliQible for any county fee payment assistance fundinQ.
* * *
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any 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 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 re-numbered or re-Iettered 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners
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of Collier County, Florida this 0 day of \. ) un e , 2005.
~~tå~~t~~Øè~. Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~W. ~
FRED W. COYLE, Chair
This ordinance filed with the
Secretory of State's Office the
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and ac~:nowledgeme'11.2t that
iI~~~f;ved this &..- day
of B ~:1:fâ ~4k
DepU'ty Clerk
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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
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ORDINANCE 2005 - 31 ):> -~, r-
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Which was adopted by the Board of County Commi~~n~s
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on the 28th 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 30th
day of June, 2005.
DWIGHT E. BROCK "
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By: Linda A.ac:§VJr.¡.g,e~~\,
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